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HomeMy WebLinkAbout17-05 Proffer StatementAMENDMENT Action: PLANNING COMMISSION: May 17, 2006 No Recommendation BOARD OF SUPERVISORS: July 26, 2006 a APPROVED DENIED PDRcs 419 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #17 -05 OF RUSSELL GLENDOBBIN WHEREAS, Rezoning #17 -05 of Russell Glendobbin, submitted by Patton Harris Rust Associates, to rezone 31.1851 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers on the property sought to be rezoned, including a proffer to limit the number of dwellings to 30 on the property, and proffers on adjoining property owned by applicants, was considered. The property sought to be rezoned is identified by Property Identification Number (PIN) 43 -A -1513. The additional properties to be subject to proffers, but not to be rezoned, are (i) PIN 43- 19 -57, a 6.89 acre parcel zoned M I (Light Industrial) District, and (ii) PIN 43 -A -16, a 36.54 acre Preservation Tract zone RA. Parcels 43 -A -15B and 43 -A -16 are located south and adjacent to Glendobbin Road (Route 673), approximately 3,250 feet west of the intersection of Glendobbin Road and Payne Road (Route 663), in the Stonewall Magisterial District. Parcel 43 -19 -57 is located at the northern terminus of Kentmere Court, in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on Mayl 7, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 26. 2006; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 31.1851 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers on the property sought to be rezoned, including a proffer to limit the number of dwellings to 30 on the property, and proffers on adjoining property owned by applicants, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. 1 This ordinance shall be in effect on the date of adoption. Passed this 26th day ofJuly, 2006 by the following recorded vote: Richard C. Shickle. Chairman Gary Dove Gene E. Fisher Philip A. Lemieux PDRes. 19-06 Aye Aye Aye Aye Barbara E. Van Osten Bill M. Ewing Charles S. Del- laven. Jr. A COPY ATTEST John W, Riley ..Ir. Frederick County A ninist rator Nay Aye Aye REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): May 1, 2005 1 PROPOSED PROFFER STATEMENT RZ. 17 -05 RA (Rural Areas) to RP (Residential Performance) on Tax Map Parcel "TMP 43 -A -15B Tax Map Parcels: 43- A -15B, 43 -A -16, 43 -19 -57 (the "Property Glen W. and Pamela L. Russell Glen W. and Pamela L. Russell Russell Glendobbin August 4, 2005 November 9, 2005 March 9, 2006 April 11, 2006 June 23, 2006 June 27, 2006 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of Tax Map Parcel 43 -A -15B with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following the date on which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Russell Glendobbin Property" dated June 23, 2006 revised June 27, 2006 (the "GDP a copy of which is attached. A. PROFFERS APPLICABLE TO TAX MAP PARCEL 43 -A -15B JUL 2006 1. LAND USE: 1.1 Residential development on the Tax Map Parcel 43 -A -15B shall not exceed a maximum of 30 single family detached dwelling units. 1.2 The project shall develop solely with single family detached residential uses. The minimum lot size for said uses shall be 30,000 square feet. The minimum lot width, as taken from the front setback line, shall be 100 feet. 1.3 No dwelling units shall be permitted within 200 feet of any active orchards located on adjacent properties. (See GDP) 1.4 No dwelling units shall be permitted within 100 feet of any adjacent properties in agricultural use. (See GDP) 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Russell Glendobbin Proffer Statement as approved by the Board. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 5. PARKS OPEN SPACE: 5.1 The Applicant shall contribute to the Board the sum of S1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 2 7. SHERIFF'S OFFICE: 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 8. ADMINISTRATION BUILDING: 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 9. WATER SEWER: 9.1 The Applicant shall be responsible for connecting the portion of the Property located within the Sewer and Water Service Area to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 10. ENVIRONMENT: 10.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 11. TRANSPORTATION: Transportation improvements shall be designed and constructed consistent with the study entitled, "A Traffic Impact Analysis of the Russell Glendobbin Property," prepared by Patton Harris Rust Associates, PC, dated May 4, 2005 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 11.2 The Applicant shall contribute to the Board the sum of $300.00 per dwelling unit for future improvements of the intersection of Martinsburg Pike (Route 11) and Welltown Road (Route 661), payable at the time of building permit issuance for each residential unit. 11.3 The Applicant shall dedicate sufficient land, not to exceed 350 feet in width, across Tax Map Parcel 43 -A -15B for the right of way for VA Route 37 limited access highway in the location generally depicted on the GDP, or such other location as determined by the County, at no cost to Frederick County; said right of way to be dedicated within ninety (90) days of 3 13. SUBDIVISION: request by the County. The County shall set the specific alignment of the Route 37 right of way on Tax Map Parcel 43 -A -15B by January 30, 2007; provided should the County fail to do so by January 30, 2007, it shall do so within thirty (30) days after written notice from Applicant after January 30, 2007. 12. ESCALATOR CLAUSE: 12.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board of Supervisors "Board within thirty (30) months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after thirty (30) months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPI -U published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date twenty -four (24) months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. B. PROFFERS APPLICABLE TO TAX MAP PARCEL 43 -A -16 13.1 Future subdivision of Tax Map Parcel 43 -A -16 shall be prohibited except for any subdivision necessary to dedicate right of way to the County of Frederick for the future VA Route 37 limited access highway as generally shown on the GDP. 14. TRANSPORTATION: 14.1 The Applicant shall dedicate sufficient land not to exceed 350 feet in width across Tax Map Parcel 43 -A -16 for the right of way for Virginia Route 37 limited access highway in the location generally depicted on the GDP, or such other location as determined by the County, at no cost to Frederick County; said right of way to be dedicated within ninety (90) days of request by the County. The County shall set the specific alignment of the Route 37 right of way on Tax Map Parcel 43 -A -16 by January 30, 2007; provided should the County fail to do so by January 30, 2007, it shall do so within thirty (30) days after written notice from Applicant after January 30, 2007. C. PROFFERS APPLICABLE TAX MAP PARCEL 43 -19 -57 15. TRANSPORTATION: 4 15.1 The Applicant shall dedicate sufficient land, not to exceed 350 feet in width, across Tax Map Parcel 43- 19 -57, in the location generally depicted on the GDP, or such other location as determined by the County, together with the balance of Tax Map Parcel 43 -19 -57 located south and east of said right of way; all of said dedication to be applied to the right of way for the VA Route 37 limited access highway, at no cost to Frederick County; said right of way to be dedicated within ninety (90) days of request by the County. The County shall set the specific alignment of the Route 37 right of way on Tax Map Parcel 43 -19 -57 by January 30, 2007; provided should the County fail to do so by January 30, 2007, it shall do so within thirty (30) days after written notice from Applicant after January 30, 2007. Respectfully submitted, Glen W. Russell By: Title: By: Title: He,Mh?A Pamela L. Russell fiQA442ek STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: f The foregoing instrument was acknowledged before me this Jt, day of J AA 2006, b �J G..;� ticareic.. (Li &sell. My commission expires: 24 253 1 100 i ta•L 4S d.u Notary Public 5 RUSSELL GLENDOBBIN GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, V7RC/M4 STONEWALL (INDUSTRIAL PARK Patton, Harris, Rust Associates, pc 117 E. Ficadilly Si. Winchester, Virginia 22691 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 PROPOSED PROFFER STATEMENT REZONING: RZ. RA (Rural Areas) to RP (Residential Performance) PROPERTY: 31.1851 Acres Tax Map Parcels: 43 -A -15B (the "Property RECORD OWNER: Glen W. and Pamela L. Russell APPLICANT: Glen W. and Pamela L. Russell PROJECT NAME: Russell Glendobbin NOT CURRENT APR 1 1 2006 ORIGINAL DATE OF PROFFERS: May 1, 2005 REVISION DATE(S): August 4, 2005 November 9, 2005 March 9, 2006 April 11, 2006 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Russell Glendobbin Property" dated April 11, 2005 (the "GDP and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 45 single family detached dwelling units. 1.2 The project shall develop solely with single family detached residential uses. The minimum lot size for said uses shall be 15,000 square feet. 1.3 No dwelling units shall be permitted within 200 feet of any active orchards located on adjacent properties. (See GDP) 1.4 No dwelling units shall be permitted within 100 feet of any adjacent properties in agricultural use. (See GDP) ;NOT CURRENT 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Russell Glendobbin Proffer Statement as approved by the Board. 2.2 The project shall be developed pursuant to an annualized phasing plan. Building permits for no more than 25 dwelling units shall be issued within any twelve (12) month period, beginning from the date of rezoning approval. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 5. PARKS OPEN SPACE: 4.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. SHERIFF'S OFFICE 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 8. ADMINISTRATION BUILDING 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 9. WATER SEWER: 9.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 10. ENVIRONMENT: NOT CURRENT 10.1 Stomtwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 11. TRANSPORTATION: Transportation improvements shall be designed and constructed consistent with the study entitled, "A Traffic Impact Analysis of the Russell Glendobbin Property," prepared by Patton Iarris Rust Associates, pc, dated May 4, 2005 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 12. ESCALATOR CLAUSE: 11.3 The Applicant shall place the amount of $300.00 per dwelling unit in an escrow account for future improvements of the intersection of Martinsburg Pike (Route 11) and Welltown Road (Route 661). Such funds shall be escrowed at the time of building permit issuance for each residential unit, and shall be released to the County within 90 days of a written request by the County. 12.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPI -U published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. SIGNATURES APPEAR ON TI-IE FOLLOWING PAGES Respectfully submitted, By: Title: Glen \V. Russell Tide: L�JWy Pamela L. Russell B: Y QuAafiC STATE OF VIRGINLA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledg efo me s day of Lt,� 2006, by CO 4 amic ct ie/t My co ssion Notary Pubh NOT CUNT G LENDC)BBIN( PPRESER_VAT,doNVT 2 4, RUSSELL OLENDOBBIN GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, V/RCIN/A Patton, Harris, Rust Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FM: (540) 665 -0493 REZONING: PROPER'1Y: RECORD OWNER: 'PROPOSED PROFFER STATEME• RZ. RA (Rural Areas) to RP (Residential Performance) 67.7242 Acres Tax Map Parcels: 43 -A -15B 43 -A -16 (the "Property Glen W. and Pamela L. Russell APPLICANT: Glen W. and Pamela L. Russell "NOT CiUY l PROJECT NAME: Russell Glendobbin ORIGINAL DATE OF PROFFERS: May 1, 2005 1. LAND USE: I i ll MAR 1 0 2006 i 1. pi REVISION DATE(S): August 4, 2005 November 9, 2005 March 9, 2006 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant (`Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Ilan," shall refer to the plan entitled "Generalized Development Plan, Russell- Glendobbin Property" dated March 9, 2005 (the "GDP and shall include the following: 1.1 Residential development on the Property shall not exceed a maximum of 60 single family detached dwelling units. 1.2 The project shall develop solely with single family detached residential uses. The minimum lot size for said uses shall be 20,000 square feet. NO T CURRENT 2. CONDITIONSYRECEDENT TO THE ISSUANCE PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Russell- Glendobbin Proffer Statement as approved by the Board. 2.2 The project shall be developed pursuant to an annualized phasing plan. Building permits for no more than 30 dwelling units shall be issued within any twelve (12) month period, beginning from the date of rezoning approval. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 5. PARKS OPEN SPACE: 4.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. SHERIFF'S OFFICE 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit.. 8. ADMINISTRATION BUILDING 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 9. WATER SEWER: 9.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 10. ENVIRONME> 'OT CLTERt, Y y 10.1 Stormwatcr management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 11. TRANSPORTATION: 11.1 Transportation improvements shall be designed and constructed consistent with the study entitled, "A Traffic Impact Analysis of the Russell Glendobbin Property," prepared by Patton Harris Rust Associates, pc, dated May 4, 2005 (the "11A The Applicant shall privately fund all transportation improvements required of this project. 11.2 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 2 on GDP) 11.3 The Applicant shall provide a private, gated connection between the internal road network for the project and Union View Lane for emergency access. Said connection shall be extended from the Property across the existing 50 -foot access casement within the Glendobbin Ridge Subdivision to the current terminus of Union View Lane. (Sec 3 on GDP) 11.4 The Applicant shall place the amount of $300.00 per dwelling unit in an escrow account for future improvements of the intersection of Martinsburg Pike (Route 11) and Welltown Road (Route 661). Such funds shall be escrowed at the time of building permit issuance for each residential unit, and shall be released to the County within 90 days of a written request by the County. 12. ESCALATOR CLAUSE: 12.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors "Board within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPI -U published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Respectfully submitted, By: Title: By: Glen W. Russell Pamela L. Russell T itle: Oun, Notary Public My commissio J s G se- 0L 4 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-wit: The foregoing instrument was acknowledged before me this 4 day of t24- 2006, by rrt J v....e./o L Z.. ae} NOTC iiit!,`J 0) 0 k F ,R„USSELL GLENDOBB /N GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, l9RC/NW PT Patton, Harris, Rust Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 FREDERICK COUNTY, VIRGINIA MARCH 2006 SCALE: I" 200' REZONING: PROPERTY: L PROPOSED PROFFER STATEMENT RZ. RA (Rural Areas) to RP (Residential Performance) JAN 1 9 2006 L 67.7242 Acres 1 Tax Map Parcels: 43 -A -15B 43 -A -16 (the "Property') of RECORD OWNER Glen W. and Pamela L. Russell APPLICANT: Glen W. and Pamela L. Russell PROJECT NAME Russell Glendobbin ORIGINAL DATE OF PROFFERS: May 1, 2005 REVISION DATE (S): August 4, 2005 November 9, 2005 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Russell Glendobbin Property" dated November 9, 2005 (the "GDP and shall include the following. 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 130 single family detached dwelling units. 1.2 The project shall develop solely with single family detached residential uses. The minimum lot size for said uses shall be 15,000 square feet. 1 Y ENT NOT CU 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: NOT CURRENT 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Russell Glendobbin Proffer Statement as approved by the Board. 2.2 The project shall be developed pursuant to an annualized phasing plan. Building permits for no more than 60 dwelling units shall be issued within any twelve (12) month period, beginning from the date of rezoning approval. 3. FIRE &RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 5. PARKS OPEN SPACE: 4.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. SHERIFF'S OFFICE 7.1 The Applicant shall contribute to the Board the sum of S42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit 8. ADMINISTRATION BUILDING 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 9. WATER SEWER 9.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 10. ENVIRONMENT: NOT CURRENT 10.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 11. TRANSPORTATION: 11.1 Transportation improvements shall be designed and constructed consistent with the study entitled, "A Traffic Impact Analysis of the Russell- Glendobbin Property," prepared by Patton Harris Rust Associates, pc, dated May 4, 2005 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 11.2 The Applicant shall provide a connection between the internal road network for the project and Union View Lane. Said connection shall be extended from the Property across Lot 9 of the existing Glendobbin Ridge Subdivision to connect with Union View Lane. (See 1 on GDP) 11.3 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 2 on GDP) 11.4 The Applicant shall provide a private, gated connection between the internal road network for the project and Union View Lane for emergency access. Said connection shall be extended from the Property across the existing 50 -foot access easement within the Glendobbin Ridge Subdivision to the current terminus of Union View Lane. (See 3 on GDP) 11.5 The Applicant shall place the amount of $300.00 per dwelling unit in an escrow account for future improvements of the intersection of Martinsburg Pike (Route 11) and Welltown Road (Route 661). Such funds shall be escrowed at the time of building permit issuance for each residential unit, and shall be released to the County within 90 days of a written request by the County. 12. ESCALATOR CLAUSE: 12.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors "Board within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPI -U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Respectfully submitted, Glen W. Russell By. l Title: 7Grru -ti, Pamela L Russell By: p Title: ©Wyc_c1{ .4:-& -.,.il STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Mycommis. ejes •30 06 Notary Public The foregoing instrument was acknowledge efore me this /9 day of —,161.4-&-c -.[N 2005, by 61 t r, co- e I4 L' ,LEiSn' NQT CURRENT f MAC RUSSELL GLENDOBBIN GELifeittWLOPMENT PLAN I FREDERICK COUNTY, VIRGINIA Patton, Harris, Rust Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 PROPOSED PROFFER STATEMENT REZONING: RZ. /7 RA (Rural Areas) to RP (Residential Performance) PROPERTY: 67.7242 Acres Tax Map Parcels: 43 -A 15B 43 -A -16 (the "Property") RECORD OWNER Glen W. and Pamela L. Russell APPLICANT: Glen W. and Pamela L. Russell NOT CURRENT PROJECT' NAME: Russell Glendobbin ORIGINAL DATE OF PROFFERS: May 1, 2005 REVISION DATE(S): August 4, 2005 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generali7Pd Development Plan," shall refer to the plan entitled "Generalized Development Plan, Russell- Glendobbin Property" dated May 1, 2005 (the "GDP and shall include the following. 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 130 single family detached dwelling units. 1.2 The project shall develop solely with single family detached residential uses. The minimum lot size for said uses shall be 15,000 square feet. 2. CONDITIONS PRECFDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Russell- Glendobbin Proffer Statement as approved by the Board. 9.7 The project shall be developed pursuant to an annualized phasing plan Building permits for no more than 60 dwelling units shall be issued within any twelve (12) month period, beginning from the date of rezoning approval. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit except those that may be designated as "age restricted Any "age restricted" designation shall occur at the time of Master Plan 5. PARKS OPEN SPACE: 4.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. SIIERIFF'S OFFICE 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 8. ADMINISTRATION BUILDING 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 9. WA1LR SEWER 9.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. NOT CURRENT 10. ENVIRONMENT: 10.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 11. TRANSPORTATION: 11.1 Transportation improvements shall be designed and constructed consistent with the study entitled, "A Traffic Impact Analysis of the Russell- Glendobbin Property," prepared by Patton Harris Rust Associates, pc, dated May 4, 2005 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 11.2 The Applicant shall provide a connection between the internal road network for the project and Union View Lane. Said connection shall be extended from the Property across the existing 50 -foot access easement within the Glendobbin Ridge Subdivision to the current terminus of Union View Lane. (See 1 on GDP) 11.3 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 2 on GDP) 11.4 The Applicant shall place the amount of $300.00 per dwelling unit in an escrow account for future improvements of the intersection of Martinsburg Pike (Route 11) and Welltown Road (Route 661). Such funds shall be escrowed at the time of building permit issuance for each residential unit, and shall be released to the County within 90 days of a written request by the County. 12. ESCALATOR CLAUSE: 12.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPI -U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non- compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES NOT CURRENT' RUSSELL GLENDOBBIN GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, NRC/NG1 Patton, Harris, Rust Associates, pc 117 E Picadilly St. Winchester, Virginia 22601 VOICE (540) 667 -2139 FAX: (540) 665 -0493 NOT CUI3tt &r-T Respectfully submitted, Glen W. Russell By Title: By Title: Pamela L. Russell STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: My commissi Notary Public The foregoing instrument as ackno before e this day of a c .f 2005, by ie.X.c oJ/ of a..,..c a grareW NOT CURRENT