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HomeMy WebLinkAbout16-05 Proffer StatementGreenway Engineering 'ID September I, 2005 , Revised November 4, 2005 Revised November 30, 2005 WILLOW RUN PROFFER STATEMEN REZONING: RZ# 16 -05 Rural Areas (RA) District to Residential Performance (RP) District (347.77± and Business General (132) District (12.20± acres) PROPERTY: 359.97± -acres (here -in after the "PROPERTY ") Tax Map Parcels 53- ((A)) -90; 53- ((A)) -91; 53- ((A)) -92; 53- ((A))- 92A; 53- ((A)) -92B; 53- ((A)) -94; 53- ((3)) -A & 63- ((A)) -2A RECORD OWNER: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC (here -in after the "APPLICANTS ") PROJECT NAME ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters WILLOW RUN September 1, 2005 November 30, 2005 Pursuant to Section 15.2 -2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code ") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance ") with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #16 -05 for the rezoning of 347.77± acres from the Rural Areas (RA) District to Residential Performance (RP) District, and for the rezoning of 12.20± acres from the Rural Areas (RA) District to Business General (132) District, development of the subject property shall be done_ in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicants (as hereinafter defined) and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. File #3800WGEAW Greenway Engineering - September 1, 2005 . 2 Revised November 4, 2005 Revised November 30, 2005 The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove L.C., 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants ") being all of Tax Map Parcels 53- ((A)) -90, 53- ((A)) -91, 53- ((A)) -92, 53- ((A)) -92A, 53- ((A)) -92B, 53- ((A)) -94, 53- ((3)) -A and 63- ((A)) -2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument # 040017302 (collectively, the "Property "). A.) Residential Land Use 1. The Applicants hereby proffer to limit the total number of residential units to 850 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to prohibit the development of garden apartments, as defined in Section 165 -65 of the Ordinance, from the subject properties. All other housing types identified in the aforementioned Ordinance section shall be allowed provided that all requirements of the Master Development Plan have been met. 3. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of the Willow Run Community, exclusive of model homes. The Applicants shall not carry forward residential building permits that are not obtained during each calendar year to the ensuing calendar year. 4. A minimum of 85 of the total number of residential units developed within the Willow Run community shall be age- restricted. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age- restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. § 36 -96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property designated as age- restricted, and any Homeowners' File #3800WG /EAW Greenway Engineering September I, 2005 Revised November 4, 2005 Revised November 30, 2005 3 Association or sub- association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age - restricted covenant. 5. The Applicants hereby proffer to provide a double row of evergreen trees on the southern most residential lot that is located across Cedar Creek Grade from the Homespun property to minimize viewshed impacts. The double row of evergreen trees shall be planted on 10- foot centers along the property line closest to Cedar Creek Grade and shall be a minimum of four feet in height when planted. 6. The Applicants hereby proffer to provide for a mixture of housing types within the Willow Run Community consistent with the minimum and maximum percentages and permitted housing types identified in the Willow Run Community Residential Unit Matrix as set forth below. Willow Run Community Residential Unit Matrix Category Minimum Maximum Housing Types Permitted % of Units % of Units Age- Restricted 10% 40% Single - family Small Lot; Duplex; Multiplex Single - Family 10% 40% Duplex; Multiplex; Atrium House; Attached Weak -Link Townhouse; Townhouse Single- Family 20% 65% Single - family Traditional; Single - family Detached Urban; Single - family Cluster; Zero Lot Line; Single-family Small Lot B.) Commercial Land Use 1. The Applicants hereby proffer that commercial development within the 12.20± -acre portion of the Property to be zoned B -2, General Business District shall provide for a minimum of 10,000 square feet of building improvements, but shall not exceed 110,000 square feet of building improvements. File #3800WG /EAW Greenway Engineering September I, 2005 4 Revised November 4, 2005 Revised November 30, 2005 2. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within the Willow Run Community. The principal construction materials shall be limited to brick, stone, simulated stucco, wood, glass, standing seam metal or dimensional shingles. These construction materials shall be utilized on all building walls and rooflines. 3. The Applicants hereby proffer to develop the commercial land bays in two phases. The first phase will include the land bay along Jubal Early Drive to the east of the Jubal Early Drive/Willow Run Drive (Major Spine Road) intersection as depicted on the proffered Generalized Development Plan. The second phase will include the land bays located to the west of the community center and adjacent to Route 37 as depicted on the proffered Generalized Development Plan. 4. The Applicants hereby proffer to guarantee the construction of 10,000 square feet of commercial land use prior to the issuance of the building permit for the 600 dwelling unit exclusive of building permits for model homes. 5. The Applicants hereby proffer to prohibit the following commercial land uses within the portion of the Willow Run Community that is zoned B2, General Business District: Exterior Boarding Kennels Electric, Gas & Other Utility Transmission and Distribution Facilities Automotive Dealers & Automotive Repair Hotels & Motels Organization Hotels & Lodging Car Washes Multiplex Motion Picture Theaters Golf Driving Ranges & Miniature Golf Courses Self- Service Storage Facilities Electrical Supplies (Wholesale) Hardware, Plumbing & Heating Equipment (Wholesale) Commercial Outdoor Batting Cages Flex Tech Adult Retail Furthermore, the Applicants proffer to prohibit food stores in excess of 20,000 square feet of floor area that are permitted in the B2, General Business District. File #3800 W G/EAW Greenway Engineering September I, 2005 5 Revised November 4, 2005 Revised November 30, 2005 C.) Generalized Development Plan 1. The Applicants hereby proffer to develop the Property in substantial conformance with a Generalized Development Plan submitted with and approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the major collector road systems, the general location of residential and commercial land uses, the general location of the community center and park area, the community center and park area loop road, and park area, the general . location of developmentally sensitive areas (" DSA "), the location of the major karst feature as well as the general location of the extended Green Circle pedestrian and bicycle facilities within the Willow Run Community. D.) Master Development Plan 1. The Applicants hereby proffer to develop the Property under a single Master Development Plan. The Applicants will be limited to land disturbance development activities until the Master Development Plan is approved by the Board of Supervisors. 2. The Applicants hereby proffer to enter into an agreement, which will require all current and subsequent developers to agree to the execution of all County documents necessary for processing the original Master Development Plan and all Master Development Plan revisions. A copy of this agreement shall be provided to the Planning Department. E.) Transportation Enhancements 1. The Applicants hereby proffer to obtain right -of -way necessary for the construction of Willow Run Drive (Major Collector Spine Road) on tax map parcel 63- ((A)) -1 currently owned by Jova Properties, LLC, a Virginia limited liability company, to allow for the construction of the north -south major collector road between Cedar Creek Grade (Route 622) and the northern property line adjoining the Willow Run Community, in the general location as identified on the Willow Run Drive (Major Spine Road) Right -Of -Way and Construction Plan prepared by Greenway Engineering dated September 1, 2005, and included as a proffered exhibit with this rezoning application under Transportation Enhancements Section E — Exhibit 1. The right -of -way for Willow Run Drive shall be dedicated to Frederick County at such time as deemed appropriate by the County. File #3800 WG /EAW Greenway Engineering September I, 2005 6 Revised November 4, 2005 Revised November 30, 2005 2. The Applicants hereby proffer to grade the ultimate four -lane divided landscaped median road section and construct a two -lane section of Willow Run Drive (Major Collector Spine Road) within a 90 -foot right -of -way between Cedar Creek Grade (Route 622) and the street intersection within the Willow Run Community closest to the northern property boundary of tax map parcel 63- ((A)) -1 owned by Jova Properties, LLC, a Virginia limited liability company, as identified as Phase I on the Willow Run Drive (Major Collector Spine Road) Right - Of -Way and Construction Plan prepared by Greenway Engineering dated September 1, 2005, and included as a proffered exhibit with this rezoning application under Transportation Enhancements Section E — Exhibit 1. This two -lane section of Willow Run Drive (Major Collector Spine Road) will be designed and constructed to base pavement prior to the issuance of the 100 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to grade the ultimate four -lane divided landscaped median road section and construct a two -lane section of Willow Run Drive (Major Collector Spine Road) within a 90 -foot right -of -way between the terminus of Phase I and the intersection with Jubal Early Drive as identified as Phase II on the Willow Run Drive (Major Collector Spine Road) Right -Of -Way and Construction Plan prepared by Greenway Engineering dated September 1, 2005, and included as a proffered exhibit with this rezoning application under Transportation Enhancements Section E — Exhibit 1. This two -lane section of Willow Run Drive (Major Collector Spine Road) will be desired and constructed to base pavement prior to the issuance of the 400 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to construct Jubal Early Drive in three phases, as identified on the Jubal Early Drive Construction Phase Plan prepared by Greenway Engineering dated September 1, 2005, and included as a proffered exhibit with this rezoning application under Transportation Enhancements Section E — Exhibit 2. A variable right - of -way width for Jubal Early Drive will be provided throughout the Willow Run Community beginning with an 80 -foot right -of -way through the 3.68± -acre parcel owned by the City of Winchester, then transitioning to a variable right -of -way to the Jubal Early DrivelWillow Run Drive (Major Collector Spine Road) intersection, then transitioning to an 90 -foot right -of way width to Merriman's Lane (Route 621). Jubal Early Drive shall be designed as the through movement if the new Route 37 interchange is approved and the proposed roundabout is not approved by VDOT. File #3800WG /EAW Greenway Engineering September I, 2005 7 Revised November 4, 2005 Revised November 30, 2005 5. The first phase of Jubal Early Drive construction shall begin east of the Willow Run community to include the realignment of Jubal Early Drive and the realignment of Meadow Branch Avenue, beginning in the City of Winchester with a terminus to the west of the Jubal Early Drive/Willow Run Drive (Major Collector Spine Road) intersection identified as Phase I on the Jubal Early Drive Construction Phase Plan prepared by Greenway Engineering dated September 1, 2005 under Transportation Enhancements Section E — Exhibit 2. Phase I of Jubal Early Drive shall include the ultimate four -lane divided landscaped median road section, which will be designed and constructed to base pavement and bonded ensure that the top coat of asphalt is guaranteed. At no time will any lot within the Willow Run Community be dependent solely upon Jubal Early Drive for access. Phase I Jubal Early Drive construction shall begin within 18 months of final road design plan approval by VDOT, Frederick County and the City of Winchester. 6. In the event that the Winchester City Council will not allow for the construction of Jubal Early Drive through the 3.68± -acre parcel owned by the City of Winchester, the Applicants proffer to construct a two - lane section of Jubal Early Drive as Phase I from the intersection with Willow Run Drive (Major Collector Spine Road) to a location appropriate to serve the commercial lay bay. Furthermore, the Applicants proffer to dedicate right of way to Frederick County from the terminus of Jubal Early Drive to the 3.68± -acre parcel owned by the City of Winchester to allow for the future continuation of Jubal Early Drive by others. 7. The second phase of Jubal Early Drive shall begin at the terminus of Phase I and continue with a terminus to the west of the intersection serving the community center building and community swimming pool identified as Phase II on the Jubal Early Drive Construction Phase Plan prepared by Greenway Engineering dated September 1, 2005 under Transportation Enhancements Section E — Exhibit 2. The Applicants hereby proffer to dedicate a 90 -foot right -of -way, grade the ultimate four -lane divided landscaped median road section, and construct a two -lane section of Jubal Early Drive, which shall be designed and constructed to base pavement prior to the issuance of the 400' building permit and bonded to ensure that the top coat of asphalt is guaranteed. 8. The third phase of Jubal Early Drive shall begin at the terminus of Phase II and continue to a terminus with Merriman's Lane, including the realignment of Merriman's Lane on the north side of Jubal Early Drive identified as Phase III on the Jubal Early Drive Construction Phase Plan prepared by Greenway Engineering dated September 1, Fi1e #3800WG /EAW Greenway Engineering • September {, 2005 • 8 Revised November 4, 2005 Revised November 30, 2005 2005 under Transportation Enhancements Section E — Exhibit 2. The Applicants hereby proffer to dedicate a 90 -foot right -of -way, grade the ultimate four -lane divided landscaped median road section, and construct a two -lane section of Jubal Early Drive, which shall be designed and constructed to base pavement prior to the issuance of the 700th building permit and bonded to ensure that the top coat of asphalt is guaranteed. The connection of Jubal Early Drive to Merriman's Lane will be gated to allow for emergency access unless otherwise directed by the Board of Supervisors. 9. The Applicants hereby proffer to design, bond and construct the realignment of approximately 1,000 feet of Merriman's Lane to the north of Jubal Early Drive to create a "T" intersection. The construction of this realignment shall be completed during the construction of Phase III of Jubal Early Drive. 10. The Applicants hereby proffer to dedicate the land necessary for the ultimate design of an urban diamond interchange at the terminus of Jubal Early Drive along the east side of Route 37 to the Virginia Department of Transportation ( "VDOT ") as depicted on the Route 37HJubal Early Drive Interchange Right -Of -Way Dedication Exhibit prepared by Greenway Engineering dated September 1, 2005 and included as a proffered exhibit with this rezoning application under Transportation Enhancements Section E — Exhibit 3. The dedicated land area to construct said interchange shall be provided at no cost to VDOT within 60 days that the right -of -way is requested in writing by VDOT. 11. The Applicants hereby proffer to initiate and complete an Interchange Justification Study ( "IJS ") for the proposed Route 37 interchange at Jubal Early Drive. The Applicants shall initiate this IJS within 90 days of final and non - appealable rezoning approval and submit the IJS to VDOT within 12 months of final and non - appealable rezoning approval to determine if a new interchange at this location on Route 37 is warranted. 12. The Applicants hereby proffer to complete the ultimate section of Jubal Early Drive prior to the issuance of the 700 building permit if a new Route 37 interchange is approved at this location by the Commonwealth Transportation Board ( "CTB "), or to complete the ultimate section of Willow Run Drive (Major Collector Spine Road) to the northern boundary line of tax map parcel 63- ((A)) -1 if a new Route 37 interchange at this location is not approved by the CTB. In the event that the CTB has not made a decision to approve or deny the proposed Route 37 interchange at this location by the issuance of the 600 building permit for the Willow Run Community, the Applicants File #3800 WG /EAW Greenway Engineering • September I, 2005 • 9 Revised November 4, 2005 Revised November 30, 2005 proffer to construct the ultimate section of Willow Run Drive (Major Collector Spine Road) from the intersection with Jubal Early Drive to the northern boundary line of tax map parcel 63- ((A)) -1 prior to the issuance of the 700 building permit, and shall not be obligated to construct the ultimate section of Jubal Early Drive. 13. The Applicants hereby proffer to provide $1000.00 per residential lot for the purpose of constructing a northbound on -ramp from Jubal Early Drive onto Route 37 if the CTB approves a new interchange at this location. The $1000.00 per residential lot contribution shall be made payable to Frederick County at the time of building permit issuance for each residential lot. The $1000.00 per residential lot contribution may be utilized by Frederick County as a local match for VDOT Revenue Sharing Funds or other applicable funds to assist with the development of the Jubal Early Drive/Route 37 Interchange. In the event that the CTB does not allow for a new interchange at this location, or has not made a decision to approve or deny the proposed Route 37 interchange at this location by the issuance of the 600 building permit for the Willow Run Community, the Applicants authorize Frederick County to utilize the $1000.00 per residential lot contribution unconditionally towards other transportation improvements. 14. The Applicants hereby proffer to enter into a signalization agreement with VDOT for the cost of traffic signalization at the intersection of the Route 37 northbound and southbound ramps and Cedar Creek Grade (Route 622) if warranted by VDOT. Provisions of the signalization agreement shall be determined by VDOT. The signalization agreement shall specify the dollar amount required from the Applicants and the timing of signalization construction once signalization is warranted by VDOT. 15. If approved by VDOT, the Applicants hereby proffer to design, bond and construct a center turn lane within the Cedar Creek Grade (Route 622) right -of -way necessary to serve the existing Route 37 northbound and southbound ramps. The construction of the center turn lane shall occur concurrently with the installation of traffic signalization at the intersection of the Route 37 northbound and southbound ramps and Cedar Creek Grade (Route 622), as described in Section E(14) above. 16. If approved by VDOT, the Applicants hereby proffer to construct a continuous right turn lane from the intersection of Willow Run Drive (Major Spine Road) to the existing Route 37 northbound on -ramp as depicted on the Cedar Creek Grade/Willow Run Drive (Major Collector Spine Road) Improvements Exhibit prepared by Greenway Engineering dated September 1, 2005 and included as a proffered exhibit with this rezoning application under Transportation File #3800WG /EA W Greenway Engineering September I, 2005 10 Revised November 4, 2005 Revised November 30, 2005 Enhancements Section E — Exhibit 4. The continuous right turn lane from the intersection of Willow Run Drive (Major Collector Spine Road) to the existing Route 37 northbound on -ramp shall be installed at the time of construction of the Willow Run Drive (Major Collector Spine Road) connection to Cedar Creek Grade (Route 622). 17. The Applicants hereby proffer to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the cost of traffic signalization at the intersection of Willow Run, Drive (Major Collector Spine Road) and Cedar Creek Grade (Route 622). Provisions of the signalization agreement shall be determined by VDOT. The signalization agreement shall specify the dollar amount required from the Applicants and the timing of signalization construction once signalization is warranted by VDOT. 18. The Applicants hereby proffer to construct an additional travel lane on the north side of Cedar Creek Grade on a portion of the Property beginning at the terminus in the City of Winchester and continuing to the intersection of the local street identified as the Minor Spine Road as depicted on the Cedar Creek Grade/Minor Spine Road Improvements Exhibit prepared by Greenway Engineering dated September 1, 2005 and included as a proffered exhibit with this rezoning application under Transportation Enhancements Section E — Exhibit 5. The additional travel lane on the north side of Cedar Creek Grade shall be installed at the time of construction of the Minor Spine Road connection to Cedar Creek Grade (Route 622). The first phase of the Minor Spine Road will be designed and constructed to base pavement prior to the issuance of the first residential building, exclusive of building permits for model homes, and bonded to ensure that the top coat of asphalt is guaranteed. Additionally, the Applicants proffer to dedicate a 20 -foot right -of -way along the entire frontage of tax map parcel 63- ((A)) -2A to VDOT for future improvements to Cedar Creek Grade by others. 19. The Applicants hereby proffer to develop a 10 -foot wide asphalt bicycle and pedestrian facility within the dedicated right -of -way along Jubal Early Drive and the Willow Run Drive (Major Collector Spine Road) for the purpose of constructing the portion of the Green Circle bicycle path within the Willow Run Community. The 10 -foot wide asphalt bicycle and pedestrian facility will be constructed along Willow Run Drive (Major Collector Spine Road) between the Jubal Early Drive/Willow Run Drive (Major Collector Spine Road) intersection and the northern boundary line of tax map parcel 63- ((A))- 1, and along Jubal Early Drive between the eastern commercial land bay and Merriman's Lane. The construction of the 10 -foot wide asphalt bicycle and pedestrian facility shall be phased and shall be File M3800WG /EAW Greenway Engineering • September 1, 2005 • Revised November 4, 2005 Revised November 30, 2005 constructed concurrently with the phased construction of Jubal Early Drive and Willow Run Drive (Major Collector Spine Road) as described within Section E of the proffer statement. F.) 20. Where private alley systems are utilized within the Willow Run community, the Applicants hereby proffer to design and construct the private alley systems as one -way travel within a 16 -foot wide easement having 12 feet of pavement with a two -foot shoulder on each side of the pavement along the entire alleyway. The cross sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90- degree angles or have turns at 90- degree angles shall provide for a minimum turning radius of 25 feet. Private alley intersections with public streets shall provide curb cuts extending two feet beyond the paved edge of the standard alley width. The maintenance of all private alley systems shall be the responsibility of the Homeowners' Association or sub - association for the Willow Run community. Monetary Contributions 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for the 10,000 square feet of commercial land use that is guaranteed in proffer B(4). This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age - restricted dwelling unit in the amount of $500.00 to mitigate impacts to Fire and Rescue Services as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each age- restricted dwelling unit. 3. The Applicants hereby proffer to contribute a total of $50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, He #3800WG /HAW Greenway Engineering September I, 2005 12 Revised November 4, 2005 Revised November 30, 2005 which will provide first response service to the Willow Run Community. A payment totaling $25,000.00 shall be made to each Volunteer Fire and Rescue Company at the time of building permit issuance for the first residential dwelling unit. Evidence of these payments shall be provided to the Frederick County Planning Department as a condition of building permit approval. The Applicants further proffer to provide a monetary contribution consistent with the results of the County's Fiscal Impact Model that is to be paid at the issuance of each residential building permit and is to be directed to the Round Hill Volunteer Fire and Rescue Company. Additionally, the Applicants will provide a provision in the Homeowners' Association documents, which will require the Homeowners' Association to pay $100.00 per occupied residential unit on an annual basis that will be directed to the Shawnee Volunteer Fire and Rescue Company. This payment to the Shawnee Volunteer Fire and Rescue Company shall continue until such at time that a new Route 37 interchange is developed at Jubal Early Drive with southbound off -ramp access, or if a new County Fire and Rescue station is developed that will provide first response service to the Willow Run Community, or if there is a merger of County and City Fire and Rescue Services. 4. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the Master Development Plan. All monetary contributions paid after the 30 -month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index ("CPI -U ") published by the United States Department of Labor, subject to a cap of 4% per year, non - compounded. G.) Community Recreation 1. The Applicants hereby proffer to construct a community center building that is a minimum of 4,000 square feet in floor area, community swimming pools and bathhouse with a minimum combined water surface of 3,500 square feet, which shall count towards the active recreational amenity requirement for the Willow Run Community. The community center building and community swimming pools and bathhouse shall be constructed and available for use by residents of the Willow Run Community prior to the issuance of the 400 building permit. The maintenance of the community center building and the community swimming pool shall be the File #3800 W G /EAW Greenway Engineering H.) September I, 2005 13 Revised November 4, 2005 Revised November 30, 2005 responsibility of the Homeowners' Association or sub - association for the Willow Run Community. 2. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility that connects to the developed portion within the City of Winchester that will be located along the north side of Jubal Early Drive and within the right -of -way throughout the limits of the Property, and within the road right -of -way from the south side of Jubal Early Drive along the north- south major collector road as identified on the Generalized Development Plan. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for the Willow Run Community. In the event that the Winchester City Council will not allow for the construction of Jubal Early Drive through the 3.68± -acre .parcel owned by the City of Winchester, the Applicants proffer to begin the public pedestrian and bicycle facility consistent with Phase I of Jubal Early Drive as described in Section E(6) of this proffer statement. 3. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for the Willow Run Community. This internal pedestrian trail system shall be five feet in width and have an asphalt surface. The internal pedestrian trail system shall be private and shall be owned and maintained by the Homeowners' Association or sub - association for the Willow Run Community. 4. The Applicants hereby proffer to provide for active recreational use within the area identified on the proffered Generalized Development Plan as the Major Karst Feature, exclusive of swimming pools and buildings. The active recreational use will be identified on the Master Development Plan for the Willow Run Community. Communitv Curbside Trash Collection 1. The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center within the Willow Run community. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Willow Run Homeowners Association ( "HOA ") or sub - association at such time as identified in the legal documents setting forth the guidelines for the Willow Run HOA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Willow Run HOA File #3800WG /EAW Greenway Engineering • September I, 2005 • 14 Revised November 4, 2005 Revised November 30, 2005 until such a time that this service is provided by Frederick County or other municipal providers. I.) Creation of Homeowners Association 1. A Homeowners Association (HOA) or sub - associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The HOA shall have title to and/or responsibility for: a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management facilities not otherwise dedicated to public use or maintained by commercial entities. b. Maintenance of private streets and alleyways. C. Residential curbside trash collection. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run Community provisions creating an Architectural Review Board ( "ARB "). The purpose of the ARB will be to review and approve all exterior additions and alterations to the existing dwelling units within the Willow Run Community to ensure that all design guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run Community provisions creating an assessment to be collected at the time of the initial transfer of title to any residential lot in the Willow Run Community (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the association or sub - association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the association. J.) Environmental The Applicants hereby proffer to identify and delineate a developmentally sensitive area ( "DSA ") boundary on the Generalized Development Plan. The DSA will identify the location of wetland areas. Information regarding potential impacts within the DSA and File #3800WG /EAW Greenway Engineering • September I, 2005 • 15 Revised November 4, 2005 Revised November 30, 2005 methods for mitigation will be incorporated as a component of the Master Development Plan for the Willow Run Community. 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature identified on the Generalized Development Plan, prior to the issuance of building permits of such lots. 3. The Applicants hereby proffer to provide a resource protection area ( "RPA ") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the DSA. Additionally, commercial development within the eastern commercial parcel (2.465 acres) shall not occur within the DSA. The only disturbance that will be permitted within the DSA or the RPA will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements of the plan during the first favorable planting season subsequent to wetlands disturbance. The landscaping plan shall include trees and shrubs that are recommended for wetland areas by the Corps of Engineers and trees and shrubs that are recommended for riparian areas by the Virginia Department of Forestry. The Applicants will establish language within the Homeowners Association documents, which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. 5. The Applicants hereby proffer that all commercial site plans and the community center site plan submitted to Frederick County will be designed to implement Low Impact Development ( "LID ") and/or Best Management Practices ( "BMP ") to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. File #3800WG /EAW Greenway Engineering • K.) Signatures September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 16 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. Respectfully Submitted: B� �, saes Willow Grove L.C. a e Commonwealth of Virginia, City /County of - r r PAP f I CK To Wit: The foregoing instrument was acknowledged before me this jK Cr day of 1�&g fy\e 2065 by Notary Public 0-41) My Commission Expires by e AL 3o 06 0- 3 File #3800WC /EAW Greenway Engineering September I, 2005 Revised November 4, 2005 Revised November 30, 2005 K.) Signatures 17 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By:. 740 LLC 4De Commonwealth of Virginia, Cit County f 1; ede'lc.IL To Wit: The foregoing instrument was acknowledged before me this IZt � day of Oeee m be K 2005 by C.2idgeky (A) hl'4e, "_ My C� emission Expires Debt nL�l Notary Public File #3800W G /EAW Greenway Engineering • September I, 2005 • 18 Revised November 4,2005 Revised November 30, 2005 K.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: �✓ i %��� ids 0 LLC v D' ate Commonwealth of Virginia, City /County of �r P �e rl GK To Wit: The foregoing instrument was acknowledged before me this gth day of L)(! Ce M b t 20 125by �J� �P 0 �� is Notary Public m P>1 u y9D /n. l J � My Commission Expires vem�- —A? �C Y� File #3800WG /EA W Greenway Engineering September I, 2005 Revised November 4, 2005 Revised November 30, 2005 K.) Signatures 19 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: Miller and S at Willow Run L.L.C. Date Commonwealth of Virginia, City /County of GCsc To Wit: The foregoing instrument was acknowledged before me this J—day of .( ° e 20 by GNARL Notary Public My Commission Expires C `Ll, i -- y - File 413800 W G/FA W Greenway Engineering 0 September I, 2005 • Revised November 4, 2005 Revised Novembcr 30, 2005 K.) Signatures 20 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: / a O� Greystone Properties LLC ate Commonwealth of Virginia, Cit County f To Wit: The foregoing instrument was acknowledged before me thi -l) day of DeCEvn Ix 2005 by jamf!5 WII�`rrls `�MyCommisssionExpires TZbvyC�n2 7 — q Notary Public File #3800WGIEAW Greenway Engineering September I, 2005 Revised November 4, 2005 WILLOW RUN PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) District to Residential Performance (RP) District (347.77± acres) and Business General (B2) District (12.20± acres) PROPERTY: 359.97± -acres (here -in after the "PROPERTY ") Tax Map Parcels 53- ((A)) -90; 53- ((A)) -91; 53- ((A)) -92; 53- ((A))- 92A; 53- ((A)) -92B; 53- ((A)) -94; 53- ((3)) -A & 63- ((A)) -2A RECORD OWNER: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC (here -in after the "APPLICANTS ") PROJECT NAME: WILLOW RUN ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters September 1, 2005 November 4, 2005 Pursuant to Section 15.2 -2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code ") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance ") with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # /( -05 for the rezoning of 347.77± acres from the Rural Areas (RA) District to Residential Performance (RP) District, and for the rezoning of 12.20± acres from the Rural Areas (RA) District to Business General (132) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicants (as hereinafter defined) and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. lade #3800 W OEA W Greenway Engineering September I, 2005 2 Revised November 4, 2005 The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove L.C., 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants ") being all of Tax Map Parcels 53- ((A))-90, 53- ((A)) -91, 53- ((A)) -92, 53- ((A)) -92A, 53- ((A)) -92B, 53- ((A)) -94, 53- ((3)) -A and 63- ((A)) -2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared,by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument # 040017302 (collectively, the "Property "). A.) Residential Land Use 1. The Applicants hereby proffer to limit the total number of residential units to 850 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to prohibit the development of garden apartments, as defined in Section 165 -65 of the Ordinance, from the subject properties. All other housing types identified in the aforementioned Ordinance section shall be allowed provided that all requirements of the Master Development Plan have been met. 3. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of the Willow Run Community, exclusive of residential dwelling units identified as age- restricted dwelling units, model homes, and the community center. The Applicants shall not carry forward residential building permits that are not obtained during each calendar year to the ensuing calendar year. 4. A minimum of 85 of the total number of residential units developed within the Willow Run community shall be age- restricted. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age- restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. § 36 -96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the File #3800WG /EAW Greenway Engineering Seplemher I, 2005 3 Revised November 4, 2005 Property designated as age- restricted, and any Homeowners' Association or sub - association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age - restricted covenant. 5. The Applicants hereby proffer to provide a single row of evergreen trees on the southern most residential lot that is located across Cedar Creek Grade from the Homespun property to minimize viewshed impacts. The single row of evergreen trees shall be planted along the property line closest to Cedar Creek Grade and shall be a minimum of four feet in height when planted. 6. The Applicants hereby proffer to provide for a mixture of housing types within the Willow Run Community consistent with the minimum and maximum percentages and permitted housing types identified in the Willow Run Community Residential Unit Matrix as set forth below. Willow Run Community Residential Unit Matrix Category Minimum Maximum Housing Types Permitted % of Units % of Units Age - Restricted 10% 40% Single- family Small Lot; Duplex; Multiplex Single- Family 10% 40% Duplex; Multiplex; Atrium House; Attached Weak -Link Townhouse; Townhouse Single - Family 20% 65% Single- family Traditional; Single- family Detached Urban; Single - family Cluster; Zero Lot Line; Single- family Small Lot B.) Commercial Land Use The Applicants hereby proffer that commercial development within the 12.20± -acre portion of the Property to be zoned B -2, General Business District shall provide for a minimum of 10,000 square feet of building improvements, but shall not exceed 110,000 square feet of building improvements. File N380OWG /EAW Greenway Engineering September I, 2005 4 Revised November 4, 2005 2. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within the Willow Run Community. The, principal construction materials shall be limited to brick, stone, simulated stucco, wood, glass, standing seam metal or dimensional shingles. These construction materials shall be utilized on all building walls and rooflines. 3. The Applicants hereby proffer to develop the commercial land bays in two phases. The first phase will include the land bay along Jubal Early Drive to the east of the Jubal Early Drive/Willow Run Drive (Major Spine Road) intersection as depicted on the proffered Generalized Development Plan. The second phase will include the land bays located to the west of the community center and adjacent to Route 37 as depicted on the proffered Generalized Development Plan. 4. The Applicants hereby proffer to guarantee the construction of 10,000 square feet of commercial land use prior to the issuance of the building permit for the 600 non - age - restricted dwelling unit. 5. The Applicants hereby proffer to prohibit the following commercial land uses within the portion of the Willow Run Community that is zoned B2, General Business District: Exterior Boarding Kennels Electric, Gas & Other Utility Transmission and Distribution Facilities Automotive Dealers & Automotive Repair Hotels & Motels Organization Hotels & Lodging Car Washes Multiplex Motion Picture Theaters Golf Driving Ranges & Miniature Golf Courses Self- Service Storage Facilities Electrical Supplies (Wholesale) Hardware, Plumbing & Heating Equipment (Wholesale) Commercial Outdoor Batting Cages Flex Tech Adult Retail Furthermore, the Applicants proffer to prohibit food stores in excess of 20,000 square feet of floor area that are permitted in the B2, General Business District. File #3800 W G/EA W Greenway Engineering September I, 2005 S Revised November 4, 2005 C.) Generalized Development Plan 1. The Applicants hereby proffer to develop the Property in substantial conformance with a Generalized Development Plan submitted with and approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the major collector road systems, the general location of residential and commercial land uses, the general location of the community center and park area, the general location of developmentally sensitive areas ( "DSA "), the location of the major karst feature as well as the general location of the extended Green Circle pedestrian and bicycle facilities within the Willow Run Community. D.) Master Development Plan The Applicants hereby proffer to develop the Property under a single Master Development Plan. The Applicants will be limited to land disturbance development activities until the Master Development Plan is approved by the Board of Supervisors. 2. The Applicants hereby proffer to enter into an agreement, which will require all current and subsequent developers to agree to the execution of all County documents necessary for processing the original Master Development Plan and all Master Development Plan revisions. A copy of this agreement shall be provided to the Planning Department. E.) Transportation Enhancements The Applicants hereby proffer to obtain right -of -way necessary for the construction of Willow Run Drive (Major Collector Spine Road) on tax map parcel 63- ((A)) -1 currently owned by Jova Properties, LLC, a Virginia limited liability company, to allow for the construction of the north -south major collector road between Cedar Creek Grade (Route 622) and the northern property line adjoining the Willow Run Community, in the general location as identified on the Willow Run Drive (Major Spine Road) Right -Of -Way and Construction Plan prepared by Greenway Engineering dated September 1, 2005, and included as a proffered exhibit with this rezoning application under Transportation Enhancements Section E — Exhibit 1. 2. The Applicants hereby proffer to grade the ultimate road section and construct a two -lane section of Willow Run Drive (Major Collector Spine Road) within a 90 -foot right -of -way between Cedar Creek File #3800WGIEAW Greenway Engineering September 1, 2005 6 Revised November 4, 2005 Grade (Route 622) and the street intersection within the Willow Run Community closest to the northern property boundary of tax map parcel 63- ((A)) -1 owned by Jova Properties, LLC, a Virginia limited liability company, as identified as Phase I on the Willow Run Drive (Major Collector Spine Road) Right -Of -Way and Construction Plan prepared by Greenway Engineering dated September 1, 2005, and included as a proffered exhibit with this rezoning application under Transportation Enhancements Section E — Exhibit 1. This two -lane section of Willow Run Drive (Major Collector Spine Road) will be desired and constructed to base pavement prior to the issuance of the 100` residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to grade the ultimate section and construct a two -lane section of Willow Run Drive (Major Collector Spine Road) within a 90 -foot right -of -way between the terminus of Phase I and the intersection with Jubal Early Drive as identified as Phase II on the Willow Run Drive (Major Collector Spine Road) Right -Of -Way and Construction Plan prepared by Greenway Engineering dated September 1, 2005, and included as a proffered exhibit with this rezoning application under Transportation Enhancements Section E — Exhibit 1. This two -lane section of Willow Run Drive (Major Collector Spine Road) will be designed and constructed to base pavement prior to the issuance of the 400` residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to construct Jubal Early Drive in three phases, as identified on the Jubal Early Drive Construction Phase Plan prepared by Greenway Engineering dated September 1, 2005, and included as a proffered exhibit with this rezoning application under Transportation Enhancements Section E — Exhibit 2. A variable right - of -way width for Jubal Early Drive will be provided throughout the Willow Run Community beginning with an 80 -foot right -of -way through the 3.68± -acre parcel owned by the City of Winchester, then transitioning to a variable right -of -way to the Jubal Early Drive/Willow Run Drive (Major Collector Spine Road) intersection, then transitioning to an 90 -foot right -of way width to Merriman's Lane (Route 621). 5. The first phase of Jubal Early Drive construction shall begin east of the Willow Run community to include the realignment of Jubal Early Drive beginning in the City of Winchester with a terminus to the west of the Jubal Early Drive/Willow Run Drive (Major Collector Spine Road) intersection identified as Phase I on the Jubal Early Drive Construction Phase Plan prepared by Greenway Engineering dated Ede N3s0O W UEAw Greenway Engineering September I, 2005 7 Revised November 4, 2005 September 1, 2005 under Transportation Enhancements Section E — Exhibit 2. Phase I of Jubal Early Drive shall include the ultimate road section, which will be designed and constructed to base pavement and bonded ensure that the top coat of asphalt is guaranteed. At no time will any lot within the Willow Run Community be dependent solely upon Jubal Early Drive for access. 6. In the event that the Winchester City Council will not allow for the construction of Jubal Early Drive through the 3.68± -acre parcel owned by the City of Winchester, the Applicants proffer to construct a two - lane section of Jubal Early Drive as Phase I from the intersection with Willow Run Drive (Major Collector Spine Road) to a location appropriate to serve the commercial lay bay. Furthermore, the Applicants proffer to provide right of way from the terminus of Jubal Early Drive to the 3.68± -acre parcel owned by the City of Winchester to allow for the future continuation of Jubal Early Drive by others. 7. The second phase of Jubal Early Drive shall begin at the terminus of Phase I and continue with a terminus to the west of the intersection serving the community center building and community swimming pool identified as Phase II on the Jubal Early Drive Construction Phase Plan prepared by Greenway Engineering dated September 1, 2005 under Transportation Enhancements Section E — Exhibit 2. The Applicants hereby proffer to dedicate a 90 -foot right -of -way and construct a two - lane section of Jubal Early Drive, which shall be designed and constructed to base pavement prior to the issuance of the 400 building permit and bonded to ensure that the top coat of asphalt is guaranteed. 8. The third phase of Jubal Early Drive shall begin at the terminus of Phase II and continue to a terminus with Merriman's Lane, including the realignment of Merriman's Lane on the north side of Jubal Early Drive identified as Phase III on the Jubal Early Drive Construction Phase Plan prepared by Greenway Engineering dated September 1, 2005 under Transportation Enhancements Section E — Exhibit 2. The Applicants hereby proffer to dedicate a 90 -foot right -of -way and construct a two -lane section of Jubal Early Drive, which shall be designed and constructed to base pavement prior to the issuance of the 700th building permit and bonded to ensure that the top coat of asphalt is guaranteed. The connection of Jubal Early Drive to Merriman's Lane will be gated to allow for emergency access only if requested by the Board of Supervisors. 9. The Applicants hereby proffer to design, bond and construct the realignment of approximately 1,000 feet of Merriman's Lane to the north of Jubal Early Drive to create a "T" intersection. The File #3800WG /EAW Greenway Engineering September I, 2005 8 Revised November 4, 2005 construction of this realignment shall be completed during the construction of Phase III of Jubal Early Drive. 10. The Applicants hereby proffer to dedicate the land necessary for the ultimate design of an urban diamond interchange at the terminus of Jubal Early Drive along the east side of Route 37 to the Virginia Department of Transportation ( "VDOT ") as depicted on the Route 37HJubal Early Drive Interchange Right -Of -Way Dedication Exhibit prepared by Greenway Engineering dated September 1, 2005 and included as a proffered exhibit with this rezoning application under Transportation Enhancements Section E — Exhibit 3. The dedicated land area to construct said interchange shall be provided at no cost to VDOT within 60 days that the right -of -way is requested in writing by VDOT. 11. The Applicants hereby proffer to initiate and complete an Interchange Justification Study ( "IJS ") for the proposed Route 37 interchange at Jubal Early Drive. The Applicants shall initiate this US within 90 days of final and non - appealable rezoning approval and submit the IJS to VDOT within 12 months of final and non - appealable rezoning approval to determine if a new interchange at this location on Route 37 is warranted. 12. The Applicants hereby proffer to complete the ultimate section of Jubal Early Drive if a new Route 37 interchange is approved at this location by the Commonwealth Transportation Board ( "CTB "), or to complete the ultimate section of Willow Run Drive (Major Collector Spine Road) to the northern boundary line of tax map parcel 63- ((A))- 1 if a new Route 37 interchange at this location is not approved by the CTB. In the event that the CTB has not made a decision to approve or deny the proposed Route 37 interchange at this location by the issuance of the 700 building permit for the Willow Run Community, the Applicants proffer to construct the ultimate section of Willow Run Drive (Major Collector Spine Road) from the intersection with Jubal Early Drive to the northern boundary line of tax map parcel 63- ((A)) -1 and shall not be obligated to construct the ultimate section of Juba] Early Drive. 13. The Applicants hereby proffer to provide $1000.00 per residential lot for the purpose of constructing a northbound on -ramp from Jubal Early Drive onto Route 37 if the CTB approves a new interchange at this location. The $1000.00 per residential lot contribution shall be made payable to Frederick County at the time of building permit issuance for each residential lot. The $1000.00 per residential lot contribution may be utilized by Frederick County as a local match for VDOT Revenue Sharing Funds or other applicable funds to assist with the development He #3800WG /EAW Greenway Engineering September 1, 2005 9 Revised November 4, 2005 of the Jubal Early Drive/Route 37 Interchange. In the event that the CTB does not allow for a new interchange at this location, or has not made a decision to approve or deny the proposed Route 37 interchange at this location by the issuance of the 700 building permit for the Willow Run Community, the Applicants authorize Frederick County to utilize the $1000.00 per residential lot contribution unconditionally towards other transportation improvements. 14. The Applicants hereby proffer to enter into a signalization agreement with VDOT for the cost of traffic signalization at the intersection of the Route 37 northbound and southbound ramps and Cedar Creek Grade (Route 622) if warranted by VDOT. Provisions of the signalization agreement shall be determined by VDOT. The signalization agreement shall specify the dollar amount required from the Applicants and the timing of signalization construction once signalization is warranted by VDOT. 15. If approved by VDOT, the Applicants hereby proffer to design, bond and construct a center turn lane within the Cedar Creek Grade (Route 622) right -of -way necessary to serve the existing Route 37 northbound and southbound ramps. The construction of the center turn lane shall occur concurrently with the installation of traffic signalization at the intersection of the Route 37 northbound and southbound ramps and Cedar Creek Grade (Route 622), as described in Section E(13) above. 16. If approved by VDOT, the Applicants hereby proffer to construct a continuous right turn lane from the intersection of Willow Run Drive (Major Spine Road) to the existing Route 37 northbound on -ramp as depicted on the Cedar Creek Grade/Willow Run Drive (Major Collector Spine Road) Improvements Exhibit prepared by Greenway Engineering dated September 1, 2005 and included as a proffered exhibit with this rezoning application under Transportation Enhancements Section E — Exhibit 4. The continuous right turn lane from the intersection of Willow Run Drive (Major Collector Spine Road) to the existing Route 37 northbound on -ramp shall be installed at the time of construction of the Willow Run Drive (Major Collector Spine Road) connection to Cedar Creek Grade (Route 622). 17. The Applicants hereby proffer to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the cost of traffic signalization at the intersection of Willow Run Drive (Major Collector Spine Road) and Cedar Creek Grade (Route 622). Provisions of the signalization agreement shall be determined by VDOT. The signalization agreement shall specify the dollar amount required from the Applicants and the timing of signalization construction once signalization is warranted by VDOT. File #3800 W G/EA W Greenway Engineering September I, 2005 l0 Revised November 4, 2005 18. The Applicants hereby proffer to construct an additional travel lane on the north side of Cedar Creek Grade on a portion of the Property beginning at the terminus in the City of Winchester and continuing to the intersection of the local street identified as the Minor Spine Road as depicted on the Cedar Creek Grade /Minor Spine Road Improvements Exhibit prepared by Greenway Engineering dated September 1, 2005 and included as a proffered exhibit with this rezoning application under Transportation Enhancements Section E — Exhibit 5. The additional travel lane on the north side of Cedar Creek Grade shall be installed at the time of construction of the Minor Spine Road connection to Cedar Creek Grade (Route 622). The first phase of the Minor Spine Road will be designed and constructed to base pavement prior to the issuance of the first residential building, exclusive of building permits for model homes, and bonded to ensure that the top coat of asphalt is guaranteed. 19. The Applicants hereby proffer to develop a 10 -foot wide asphalt bicycle and pedestrian facility within the dedicated right -of -way along Jubal Early Drive and the Willow Run Drive (Major Collector Spine Road) for the purpose of constructing the portion of the Green Circle bicycle path within the Willow Run Community. The 10 -foot wide asphalt bicycle and pedestrian facility will be constructed along Willow Run Drive (Major Collector Spine Road) between the Jubal Early Drive/Willow Run Drive (Major Collector Spine Road) intersection and the northern boundary line of tax map parcel 63- ((A))- 1, and along Jubal Early Drive between the eastern commercial land bay and Merriman's Lane. The construction of the 10 -foot wide asphalt bicycle and pedestrian facility shall be phased and shall be constructed concurrently with the phased construction of Jubal Early Drive and Willow Run Drive (Major Collector Spine Road) as described within Section E of the proffer statement. 20. Where private alley systems are utilized within the Willow Run community, the Applicants hereby proffer to design and construct the private alley systems as one -way travel within a 16 -foot wide easement having 12 feet of pavement with a two -foot shoulder on each side of the pavement along the entire alleyway. The cross sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90- degree angles or have turns at 90- degree angles shall provide for a minimum turning radius of 25 feet. Private alley intersections with public streets shall provide curb cuts extending two feet beyond the paved edge of the standard alley width. The maintenance of all private alley systems shall be the responsibility of File #3800WG /EAW Greenway Engineering September 1, 2005 11 Revised November 4, 2005 the Homeowners' Association or sub - association for the Willow Run community. F.) Monetary Contributions 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for the 10,000 square feet of commercial land use that is guaranteed in proffer B(4). This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age - restricted dwelling unit in the amount of $500.00 to mitigate impacts to Fire and Rescue Services as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each age- restricted dwelling unit. 3. The Applicants hereby proffer to contribute a total of $50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to the Willow Run Community. A payment totaling $25,000.00 shall be made to each Volunteer Fire and Rescue Company at the time of building permit issuance for the first residential dwelling unit. Evidence of these payments shall be provided to the Frederick County Planning Department as a condition of building permit approval. 4. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the Master Development Plan. All monetary contributions paid after the 30 -month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index ( "CPI -U ") published by the United States Department of Labor, subject to a cap of 4% per year, non- compounded. File #3800 WGIEA W Greenway Engineering September I, 2005 12 Revised November 4, 2005 G.) Community Recreation 1. The Applicants hereby proffer to construct a community center building that is a minimum of 4,000 square feet in floor area, community swimming pools and bathhouse with a minimum combined water surface of 3,500 square feet, which shall count towards the active recreational amenity requirement for the Willow Run Community. The community center building and community swimming pools and bathhouse shall be constructed and available for use by residents of the Willow Run Community prior to the issuance of the 400 building permit. The maintenance of the community center building and the community swimming pool shall be the responsibility of the Homeowners' Association or sub - association for the Willow Run Community. 2. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility that connects to the developed portion within the City of Winchester that will be located along the north side of Jubal Early Drive and within the right -of -way throughout the limits of the Property, and within the road right -of -way from the south side of Jubal Early Drive along the north- south major collector road as identified on the Generalized Development Plan. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for the Willow Run Community. 3. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for the Willow Run Community. This internal pedestrian trail system shall be five feet in width and have an asphalt surface. The internal pedestrian trail system shall be private and shall be owned and maintained by the Homeowners' Association or sub - association for the Willow Run Community. 4. The Applicants hereby proffer to provide for active recreational use within the area identified on the proffered Generalized Development Plan as the Major Karst Feature. The active recreational use will be identified on the Master Development Plan for the Willow Run Community. File #3300 WG /EA W Greenway Engineering September I, 2005 13 Revised November 4, 2005 H.) Community Curbside Trash Collection 1. The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center within the Willow Run community. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Willow Run Homeowners Association ( "HOA ") or sub - association at such time as identified in the legal documents setting forth the guidelines for the Willow Run HOA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Willow Run HOA until such a time that this service is provided by Frederick County or other municipal providers. I.) Creation of Homeowners Association 1. A Homeowners Association (HOA) or sub- associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The HOA shall have title to and/or responsibility for: a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management facilities not otherwise dedicated to public use or maintained by commercial entities. b. Maintenance of private streets and alleyways. C. Residential curbside trash collection. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run Community provisions creating an Architectural Review Board ( "ARB "). The purpose of the ARB will be to review and approve all exterior additions and alterations to the existing dwelling units within the Willow Run Community to ensure that all design guidelines are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run Community provisions creating an assessment to be collected at the time of the initial transfer of title to any residential lot in the Willow Run Community (whether to a builder Fde n3s00wGrenw Greenway Engineering September I, 2005 14 Revised November 4, 2005 or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the association or sub - association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the association. J.) Environmental 1. The Applicants hereby proffer to identify and delineate a developmentally sensitive area ( "DSA ") boundary on the Generalized Development Plan. The DSA will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Master Development Plan for the Willow Run Community. 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature identified on the Generalized Development Plan, prior to the issuance of building permits of such lots. 3. The Applicants hereby proffer to provide a resource protection area ( "RPA ") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the DSA. Additionally, commercial development within the eastern commercial parcel (2.465 acres) shall not occur within the DSA. The only disturbance that will be permitted within the DSA or the RPA will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements of the plan subsequent to wetlands disturbance. The landscaping plan shall include trees and shrubs that are recommended for wetland areas by the Corps of Engineers and trees and shrubs that are recommended for riparian areas by the Virginia Department of Forestry. The Applicants will establish language within the Homeowners Association documents, which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. File #3800WG /EAW Greenway Engineering September I, 2005 15 Revised November 4, 2005 5. The Applicants hereby proffer that all commercial site plans and the community center site plan submitted to Frederick County will be designed to implement Low Impact Development ( "LID ") and/or Best Management Practices (`BMW ") to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. File #7800 WG /EA W Greelmay Engineering September 1, 2005 15 Revised October 27, 2005 K.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of' the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. Respectfully Submitted: illow Grove L.C. Date Commonwealth of Virginia, City /County of � To Wit: The foregoing instrument was acknowledged before me this _744 day of NzU mf r 20 05 by One V-\ ]L� N ~m Notary Public G� Yyk LJ-(,V My Commission F'xpires N( rc" s `=T g 1 Pile ft3800WG /EAW 0 0 Greemeey rngineernig September I, 2005 16 Revised October 27 -2005 K.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest oh the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. 740 LLC D Commonwealth of Virginia, City /Countyof Tr'CAertc To Wit: {-h The foregoing instrument was acknowledged before me this 4 day of N cve mbu 20 05 by Notary Public My Commission Expires _�6 BOO ES Pile #3800WG /EAW 0 Greene Fim mccrin- K.) Signatures September I, 2005 Revised October 27, 2005 17 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. �y 0 LLC Date Commonwealth of Virginia, City /County of FreAe -ftC ), To Wit The foregoing instrument was acknowledged before me this day of �pyLl� 20 05 by f Vie \ D. �� Notary Public My Commission Expires pJemher '�;o 20 0 File 83800WG /LAW Grccmeuy rn- ineerimg September I, 2005 18 Revised October 27. 2005 K.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. in the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: Miller Ad S y at Willow Run L.L.C. Date Commonwealth of Virginia, Citv / County of �4 i I G Z( To Wit: The foregoing instrument was acknowledged before me this Wd day of U 4 207 by J r, Notary Public My Commission Expires 5 3 a O Pik it3S00 WG /FAW Greemrav Engineering Septcmher 1, 2005 19 Revised October27, 2005 K.) SIQnatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. l _ B Greystone Properties LLC Date Commonwealth of Virginia, City /County of T� I CAS To Wit: The foregoing instrument was acknowledged before me this _ day of 20 a5 by - F) , Notary Public My Commission Expires I OUTPUT MODULE APPLICANT_ Adams Rez.um, LAND USE TYPE Haevy Commer REAL EST VAL $100,723,000 FIRE & RESCUE 9 I Fire and Rescue Department I Elementary Schools I Middle Schools I High Schools I Parks and Recreation I Public Library Sheriffs Offices Administration Building Other Miscellaneous Facilities I SUBTOTAL LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT I I I I METHODOLOGY 1. 2 I 3. 4. INDEX. h.0 If Cap, Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 PLANNING DEPT PREFERENCE 1.0 1.0 Rev -Cost Bal = 0.538 Ratio to Cc Avg - 0.722 Capital facilities requirements are input to the first column as calculated in the model_ Net Fiscal Impact NPV from operations calculations is input in row total of second column ( zero if negative) ; included are the one -time taxes /fees for one year only at full value_ NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project ( actual, or as ratio to avg for all residential development) NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. ---- -- -------- -------------- - -- - --------------- - ------- -- - - -- - -------------- ------ --- ------------------ -- - - ------- ----- -- -- - ------ -- - NOTES: Model Run Date 11/4405 EAW Project Description: Willow Run Rezoning: Assumes 10,000 sett office; 658 SEE) and 192 SFA on 347 acres zoned RP & 12 acres zoned B2. I Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 2002MODEL - ----- -------------- ------- - ------------ - - ------ ------ - - - - - -- - ---- --- - - -- ----- ....----- - - - - - -- ------ - -- --------------- - - --- ------------------ - - - ----------------------- --- - - - - -- - - --------- 0 (\ \11 • 4 Net Fiscal Impact Costs of Impact Credit. Credits to be Taken for Future Taxes Paid f NPVI Total Potential Adjustment For Required ( entered in Cur_ Budget Cur. Budget Cap_ Future OIP/ Tax Credits Revenue- Net Capital Net Cost Per Capital Faciltiies col sum only) Oper Cap E quip Expend /Debt S. Taxes. Other f Unadiusted) Cost Balance Facilities Imp Dwelling Unit $368,967 50 $0 $368,967 5434 $3,475,664 - - -- $2,074,694 $565,534 $2,745,314 $3,310,847 $2,389,175 56,053,527 57,122 $2,892,345 - - -- $1,244,382 5280,442 5280,442 $202,373 51042,009 $1,226 $216,334 $64503 560,503 $43,660 $172,674 $203 $128,036 $110,620 SO $26,150 $136,770 598,696 $29,340 $35 $164,313 80 50 $0 $164,313 $193 $209,627 $213,451 $235,663 $449,114 $324,090 $0 $0 $10,774,361 $889,604 $2,980,977 5367,096 $4,237,677 83057,995 $7,716,366 $9,078 I SO 50 $0 $7.716,366 $9,078 I INDEX. h.0 If Cap, Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 PLANNING DEPT PREFERENCE 1.0 1.0 Rev -Cost Bal = 0.538 Ratio to Cc Avg - 0.722 Capital facilities requirements are input to the first column as calculated in the model_ Net Fiscal Impact NPV from operations calculations is input in row total of second column ( zero if negative) ; included are the one -time taxes /fees for one year only at full value_ NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project ( actual, or as ratio to avg for all residential development) NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. ---- -- -------- -------------- - -- - --------------- - ------- -- - - -- - -------------- ------ --- ------------------ -- - - ------- ----- -- -- - ------ -- - NOTES: Model Run Date 11/4405 EAW Project Description: Willow Run Rezoning: Assumes 10,000 sett office; 658 SEE) and 192 SFA on 347 acres zoned RP & 12 acres zoned B2. I Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 2002MODEL - ----- -------------- ------- - ------------ - - ------ ------ - - - - - -- - ---- --- - - -- ----- ....----- - - - - - -- ------ - -- --------------- - - --- ------------------ - - - ----------------------- --- - - - - -- - - --------- 0 (\ \11 • 4 I OUTPUT MODULE I APPLICANT: Willow Run I LAND USE TYPE Residential /Cc I REAL EST VAL �1 I FIRE & RESCUE = 9 I I Fire and Rescue Department I Elementary Schools I Middle Schools I High Schools I Parks and Recreation I Public Library I Sheriffs Offices I Administration Building I Other Miscellaneous Facilities SUBTOTAL LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT Net Fiscal Impact Costs of Impact Credit: Required (entered in Capital Facilites col sum only) $402,264 $3,475,664 $2,074,694 $2,892,345 $1,244,382 $216,334 $128,036 $164,313 $209,627 $10,807,658 $0 Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For INDEX: "1.0" if Rev - Cost Bal, "0.0" if Ratio to Co Avg: 0.0 I Cur. Budget Cur. Budget Cap. Future GIP/ Tax Credits Revenue- Net Capital Net Cost Per Oper Cap Equip Expend/Debt S. Taxes. Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit calculated for each new facility. I 6. Columns three through five are added as potential credits against the calculated capital $0 $0 $402,264 $473 $565,534 $2,745,314 $3,310,847 $3,310,847 $5,131,856 $6,037 $280,442 $280,442 $280,442 $963,940 $1,134 $60,503 $60,503 $60,503 $155,831 $183 $115,839 $0 $26,150 $141,989 $141,989 $0 $0 $0 $0 $0 $164,313 $193 $225,965 $249,480 $475,445 $475,445 $0 $0 $907,338 $2,994,793 $367,096 $4,269,227 $4,269,227 $6,538,431 $7,692 $0 $0 � 0 $6,538,431 $7,692 I INDEX: "1.0" If Cap, Equip Included 1.0 I INDEX: "1.0" if Rev - Cost Bal, "0.0" if Ratio to Co Avg: 0.0 I PLANNING DEPT PREFERENCES 1.0 1.0 -- --- --- --- -------- - - - - -- --- -- I METHODOLOGY: 1. ---------- - - - -- ----- --------- -- ----------- - - -- --- --- ------------ - - - - -- -- ------ Capital facilities requirements are Input to the first column as calculated in the model. I 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column I (zero if negative): included are the one -time taxes /fees for one year only at full value. I 3. NPV of future oper cap equip taxes paid In third column as calculated in fiscal Impacts. I 4. NPV of future capital expenditure taxes paid in fourth cal as calculated in fiscal impacts. I 5. NPV of future taxes paid to bring current county up to standard for new facilities, as I calculated for each new facility. I 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). Rev -Cost Bal = 0.821 Ratio to Co Avg 1.101 I NOTE: Proffer calculations do not Include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 07/21/05 SKE Project Description: Assumes 658 single family detached houses, 192 single family attached houses, 50,000 sq fl office, 50,000 sq it retail & 10,000 sq it restaurant on 360 acres. I Due to changing conditions associated with development in the County, the results of this I Output Module may not be valid beyond a period of 90 days from the model run date.. I n A I I I I I I I I I I I I I I I I I I I I I I I OUTPUT MODULE I APPLICANT: Adams Rezoning Net Fiscal Impact I LAND USE TYPE Haevy Commer Costs of Impact Credit: Credits to be Taken for Future Taxes Paid ( NPV7 Total Potential Adjustment For I REAL EST VAL $100,373,884 Required ( entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per I FIRE & RESCUE 9 Capital Facitliies col sum only) Oder Cap Equip Expend /Debt S. Taxes. Other f Unadjusted) Cost Balance Facilities Imp Dwelling Unit I I Fire and Rescue Department $368,967 $0 $0 5368,967 $434 1 Elementary Schools $3,475,664 I Middle Schools $2,074,694 $565,534 $2,745,314 $3,310,847 $2471,963 $5,970,740 $7,024 High Schools $2,892,345 - - -- - - -- Parks and Recreation Si $280.442 $280,442 5209,385 51 034,997 $1,218 1 Public Library $216,334 $60,503 560,503 $45,173 $171,161 $201 1 Sheriffs Offices $128,036 $110,386 s0 $26,150 $136,536 $101,941 $26,094 $31 1 Administration Building $164,313 s0 $0 so $164,313 $193 1 Other Miscellaneous Facilities $209,627 $212,891 $235,045 $447,935 $334.440 $0 s0 I SUBTOTAL $10,774,361 $888,810 $2,980,358 $367,096 $4,236,264 $3,162,903 $7,611458 $8,955 1 LESS: NET FISCAL IMPACT $0 $0 $0 NET CAP. FACILITIES IMPACT I 1 $7,611.458 1 58,955 1 INDEX: "1.0" It Cap. Equip Included 1.0 1 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Cc Avg: 0.0 Rev -Cost Bal = 0.557 PLANNING DEPT PREFERENCE 1.0 LO Ratio to Cc Avg = 0.747 ----------------------- -------------------- I METHODOLOGY 1. ______ _ ._.__. _ -------------------- .---------------------- - ---------------------- _ ---------------------- Capital facilities requirements are input to the first column as calculated in the model. ----------------------- ---------------------- . ---------------------- 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column 1 ( zero if negative) : included are the one -time taxes /fees for one year only at full value. 1 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 1 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 1 5. NPV of future taxes paid to bring current county up to standard for new facilities, as 1 calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project ( actual, or as ratio to avg. for all residential development) I NOTE: Proffer calculations do not include include interest because they are cash payments upfront. Credits do include interest if the projects are debt financed. 1 ____________________ -------------------- _-------------------- ----------------------- ---------------------- . ------------- -------- NOTES: Model Run Date 1114105 EAW I Project Description'. Willow Run Rezoning: Assumes 10,000 sqft retail; 658 SFD and 192 SFA on 347 acres zoned RP & 12 acres zoned B2. I I I Due to changing conditions associated with development in the County, the results of this I Output Module may not be valid beyond a period of 90 days from the model run date. I 2002MODEL 0 J 9 •