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HomeMy WebLinkAbout04-06 Proffer StatementAction: PLANNING COMMISSION: May 3, 2006 Recommended Approval BOARD OF SUPERVISORS: June 28, 2006 APPROVED DENIED PDRes 417 -06 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04 -06 OF ORRICK CEMETERY, INC. WHEREAS, Rezoning #04 -06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, for Mixed Use Commercial /Residential, was considered. The property is located on the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number (PIN) 55 -A -201. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 3, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 24, 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 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, for Mixed Use Commercial /Residential, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux PDRes 17 -06 This ordinance shall be in effect on the date of adoption. Passed this 28th day of June, 2006 by the following recorded vote: Aye Aye Aye Aye Barbara E. Van Osten Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST Aye Aye Aye John ley, Jr. Frederick County Administrator Omth Commons Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. N RA (Rural Areas) to RP (Residential Performance) 33.61 acres and B2 (Business General) 22.06 acres PROPERTY: 55.6708 Acres Tax Map Parcel 55-A-201 (the "Property") RECORD OWNER Orrick Cemetery Company, Inc. APPLICANT: Paramount Development Corporation 6- II JUN 9 PROJE C1' NAME: Orrick Commons ORIGINAL DAIS OF PROFFERS: December 6, 2005 REVISION DAI'E(S): February 13, 2006 March 22, 2006 April 13, 2006 May 12, 2006 May 24, 2006 June 2, 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 and B2 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 improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. 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, Orrick Commons" dated November 15, 2005 revised May 12, 2006 (the "GDP and shall include the following: Page 1 of 9 Orrick Commons Proffer Statement 1. LAND USE: 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi family units, the mixture of which will be dictated by the Frederick County Code. The locations of the single family units and multi family units shall be located as generally depicted on the GDP. 1.3 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, all dwelling units shall be identified as "age- restricted" and 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 persons 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, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. CONDITIONS PRECCF,DENT TO THE ISSUANCE OF PERMI 1S AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Proffer Statement as approved by the Board. 3. CREATION OF HOME OWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. Page 2 of 9 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 5. ENVIRONMENT: Orrick Commons Proffer Statement 4. WAIER &SEWER: 4.1 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. The cost of all water and sewer improvements will be bome by the Applicant. 5.1 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. 5.2 The applicant shall preserve a minimum of 8,000 square feet as a tree save area in the location depicted on the GDP to protect the existing trees located in this area of the Property. Clearing or grading of said tree save area shall be prohibited. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust Associates, dated October 11, 2005 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left tum lane at said intersection for the eastbound lane of Senseny Road as well as a right tum lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed within existing right of ways. Page 3 of 9 Orrick Commons Proffer Statement 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupany for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic caln measures acceptable to VDOT. (See 2 on GDP) 6.4 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right -of -way along Senseny Road (Route 657) and 15 feet of additional right -of -way along Greenwood Road (Route 656). Said right of ways shall be dedicated within 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan (MDP) and /or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a landscaped median with street trees. Page 4 of 9 7. DESIGN STANDARDS Orrick Common Proffer Statement 6.10 The Applicant shall work with County Staff and VDOT at the time of site plan review to install a raised, textured, concrete median on Senseny Road if deemed appropriate. The size and width of said median shall be determined by VDOT. 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade fronting Senseny Road and /or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Hardishingle and /or Harditrim, or material of comparable quality, Azek Trimboards; Fypon brackets and /or cornice details; stucco; glass. Any-multi-family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi family residential structures located on the Property shall incorporate non symmetrical massing, bays, and columned porches to more effectively relate to surrounding properties as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. 8. PARKS AND RECREATION 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilizing an existing pond. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. 8.2 The Applicant shall design and build a public pedestrian bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails Page 5 of 9 Orrick Commons Proffer Statement shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP prior to occupancy of any commercial building. The trail crossing of the proposed boulevard style entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit 9. LIGHTING PLAN 9.1 Low impact outdoor lighting meeting dark sky criteria will be utilized with a maximum pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10. SIGNAGE 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WAS LE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 121 The Applicant shall contribute to the Board the sum of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVERNMENT 13,1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 15. LIBRARY Orack Cammoiu Proffer Statement 15.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. 16. FUTURE ROAD IMPROVEMENTS 16.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17. INTERPARCEL CONNECTIONS 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. 18. CORRIDOR ENHANCEMENTS 18.1 The Applicant shall locate street trees along the road frontage of both Senseny Road and Greenwood Road to enhance the visual characteristics of both corridors. Said street trees shall be planted a maximum of 40' apart. 19. INTERIOR LANDSCAPING 19.1 The Applicant shall landscape a minimum of 6% of the interior portions of parking lots for all parking located within the commercial area of the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 9 Oinek Conrmart Proffer Slalom Respectfully submitted, My commission expires Notary Public Orrick Cemetery Company, Inc. By Title: (i ei< STA OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this C r day on( inC 2006, by HaVICy 3=) 000 V Page 8 of 9 Orrick Commons By: Tide: Paramount Development Corporation 5o a 6got ikuR STATE OF VIRGINIA, AT LARGE DERIEK COUNTY, To -wit: The forgoing instrum as acknowled e be this day 2006 My co Notary Public Respectfully s Page 9 of 9 Proffer Statement Proposed 'Pedestrian- Bicycle Trail Tree Save Area n trance 55,000 SF Commercial COMMERCIAL Commerical Residential. (22.06 Ac(es) Connection O Signalized Entrance MULTI FAMILY J (Age Restricted) Co mmunity Par O REVISION �EIV 6 ,5,7. R CAD Proposed Pedestrian Bicycle Trail Add Sec Soo arca IXSCRISION 5/11/06 555 Enna Patton Harris Rusl Assoalales Engineers. Eusags.. planners. Landscape Architects GENERALIZED DEVELOPMENT PLAN SINGLE FAMILY (Age Restricted) (TOTAL RESIDENTIAL =33.61 Acres) 7 I 0 ORRICK COMMONS FREDERICK COUNTY, VIRGINIA GRAP///CSCALE DESiOr 555 ISP Carr Op PPS 2005 SCALE 1 or EXHIBIT A 0, z 0 o g V 0 S b 5 -9 ,;.%,-,:•_4() 61t; 7 c2f cit:^' „r I t :,(4m"::^ 0 r n• LT---jj'14 07,i76 >S. );KI:.:74;:c:ttP-1 ntt 40''' 4 ;57 Erie. "Yr? Al 2,4 tIts- 4r4...f,frear, r 7 z .,7k2 1,744. j ognir, 0;0 w, it:J 4.1.2)0 r :;41, 0 ft, \r::',;;;e:1„,z1 7;ii i .3710• 0 AL, '12 t:,./1;11;.)::,fc.1.1f,!",tirt *lin 4 7. EXHIBIT B Lt e ho; 6> t fr(1 .0 /1 1, Ql RX1). I r; Multi—family housing ;4? 0 0 0 b 0 1 1 1 Applicant: Residential Units (number) SFD SFA MFD Non Residential (sq. ft.) 55,000 Sq. Ft. Retail 55,000 Sq. Ft. Office 0 Sq. Ft. Total capital facilities impacts to mitigate Total revenue from commercial component 10 Year average of expenditures toward capital items Revenue to assign as credit from commercial component Total capital facilities impacts left to be mitigated Fire And Rescue $115,922 General Government Public Safety Library Parks and Recreation School Construction Total 'Orrick Commons 184 Units 92 0 92 Total Cost of Capital Facilities 2,976,608 3,206,871 18% $577,237 2,399,371 Total Net Cost of Capital Facilities Per Unit $93,442 $508 $51,916 $41,848 $227 $106,817 $86,102 $468 $43,278 $34,885 $190 $346,848 $279,586 $1,519 $2,311,828 $1,863,508 $10,128 $2,976,608 $2,399,371 $13,040 PROPOSED PROFFER STATEMENT Page 1 of 9 Orrick Commons Proffer Statement REZONING: RZ. RA (Rural Areas) to RP (Residential Performance) 33.61 acres and B2 (Business General) 22.06 acres PROPERTY: 55.6708 Acres Tax Map Parcel 55 -A -201 (the "Property') RECORD OWNER: Orrick Cemetery Company, Inc. APPLICANT: Paramount Development Corporation PROJEC I NAME Orrick Commons ORIGINAL DAIL OF PROFFERS: December 6, 2005 REVISION DAIL(S): February 13, 2006 March 22, 2006 April 13, 2006 May 12, 2006 May 24, 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 and B2 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 improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. 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, Orrick Commons" dated November 15, 2005 revised May 12, 2006 (the "GDP and shall include the following. Orrick Commons 1. LAND USE: ...NOT CURRENT Proffer Statement 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi family units, the mixture of which will be dictated by the Frederick County Code. The locations of the single family units and multi family units shall be located as generally depicted on the GDP. 1.3 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, all dwelling units shall be identified as "age- restricted" and 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 persons 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, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. 2. CONDITIONS PRECEDENT TO THE ISSUANCF OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. Page 2 of 9 NOT CURRENT Orrick Commons Proffer Statement 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 4. WATER &SEWER: 4.1 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. The cost of all water and sewer improvements will be bome by the Applicant. 5. ENVIRONMENT: 5.1 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. 5.2 The applicant shall preserve a minimum of 8,000 square feet as a tree save area in the location depicted on the GDP to protect the existing trees located in this area of the Property. Clearing or grading of said tree save area shall be prohibited. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust Associates, dated October 11, 2005 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right turn lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed within existing right of ways. Page 3 of 9 Page 4 of 9 NOT CURRENT Orrick Commons Proffer Statement 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupany for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) 6.4 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right -of -way along Senseny Road (Route 657) and 15 feet of additional right -of -way along Greenwood Road (Route 656). Said right of ways shall be dedicated within 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan (MDP) and /or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a landscaped median with street trees. NOT CURRE Orrick Commons Prop Statement 7 DESIGN STANDARDS 8. PARKS AND RECREATION 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade fronting Senseny Road and/or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, formed concrete, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Hardishingle and /or Harditrim, or material of comparable quality; Azek Trimboards; Fypon brackets and /or cornice details; stucco; glass. Any multi family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi family residential structures located on the Property shall incorporate non symmetrical massing, bays, and columned porches to more effectively relate to surrounding properties as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilising an existing pond. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. 8.2 The Applicant shall design and build a public pedestrian bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP prior to occupancy of any commercial building. The trail crossing of the proposed boulevard style Page 5 of 9 9. LIGHTING PLAN 10. SIGNAGE NOT CURRENT Orrick Commons Proffer Statement entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit 9.1 Low impact outdoor lighting meeting dark sky criteria will be utilized with a maximum pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WAS 1E AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 12.1 The Applicant shall contribute to the Board the sum of $83.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVERNMENT 13.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of a building penult for each dwelling unit. Page 6 of 9 Orrick Commons Proffer Statement 15. LIBRARY 15.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. 16. FUTURE ROAD IMPROVEMENTS 17. INTERPARCEL CONNECIIONS NOT CURRENT 16.1 The Applicant shall contribute to the Board the sum of $1,500.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. 18. CORRIDOR ENHANCEMENTS 18.1 The Applicant shall locate street trees along the road frontage of both Senseny Road and Greenwood Road to enhance the visual characteristics of both corridors. Said street trees shall be planted a maximum of 40' apart. 19. INTERIOR LANDSCAPING 19.1 The Applicant shall landscape a minimum of 6% of the interior portions of parking lots for all parking located within the commercial area of the Property. Page 7 of 9 Orrick Commons Respectfully submitted, By Title: Orrick Cemetery Company, Inc. STAIL OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me thisV day of 2006, by -\floc TCOo\ 5 My commission expires Notary Public Page 8 of 9 NOT CURRENT Proffer Statement Orrick Com1719ns Proffer Statement By Title: Paramount Development Corporation Otte pretig0,4' STAIN OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this a day of t 2006, by 3 ho krt r Tu2A— My commission expires P p 30 Co `1 Notary Public Respectfully submitted, Page 9 of 9 POT CURRENT Oink Commons NOT CURRENT. PROPOSED PROFFER STATEMENT REZONING: RZ. RA (Rural Areas) to RP (Residential Performance) 33.61 acres and B2 (Business General) 22.06 acres PROPERTY: 55.6708 Acres Tax Map Parcel 55-A-201 (the "Property") RECORD OWNER Orrick Cemetery Company, Inc. APPLICANT: Paramount Development Corporation PROJECT NAME: Orrick Commons i P %Ea e 2 21106 F ORIGINAL DATE OF PROFFERS: December 6, 2005 REVISION DA'IL(S): February 13, 2006 March 22, 2006 April 13, 2006 May 12, 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 and B2 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 improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. 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, Orrick Commons" dated November 15, 2005 revised May 12, 2006 (the "GDP and shall include the following: Page 1 of 9 1. LAND USE: ,NOT CURRENT Orrick Commons Proffer Statement 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi family units, the mixture of which will be dictated by the Frederick County Code. The locations of the single family units and multi family units shall be located as generally depicted on the GDP. 1.3 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, all dwelling units shall be identified as "age- restricted" and 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 persons 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, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. 2. CONDITIONS PRECEDENT TO TI LE ISSUANCE OF PERMI 1S AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. Page 2 of 9 POT CURRENT Orrick Commons Proffer Statement 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 4. WATER &SEWER 4.1 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. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT: 5.1 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. 5.2 The applicant shall preserve a minimum of 8,000 square feet as a tree save area in the location depicted on the GDP to protect the existing trees located in this area of the Property. Clearing or grading of said tree save area shall be prohibited. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust Associates, dated October 11, 2005 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right turn lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed within existing right of ways. Page 3 of 9 POT CURRENT Orr Commons Proffer 37atement 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupany for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) 6.4 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said tum lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right -of -way along Senseny Road (Route 657) and 15 feet of additional right -of -way along Greenwood Road (Route 656). Said right of ways shall be dedicated within 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan (MDP) and /or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a landscaped median with street trees. Page 4 of 9 Orrick Commons Proffer Statement 7. DESIGN STANDARDS 8. PARKS AND RECREATION NQT CURRENT 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade fronting Senseny Road and /or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, formed concrete, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Hardishingle and /or Harditrim, or material of comparable quality; Azek Trimboards; Fypon brackets and /or comice details; stucco; glass. Any multi family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi family residential structures located on the Property shall incorporate non symmetrical massing, bays, and columned porches to more effectively relate to surrounding properties as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilizing an existing pond. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. 8.2 The Applicant shall design and build a public pedestrian bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP prior to occupancy of any commercial building. The trail crossing of the proposed boulevard style Page 5 of 9 Orrick COmmonl 10. SIGNAGE 9. LIGHTING PLAN NOT CURRENT entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit 9.1 Low impact outdoor lighting meeting dark sky criteria will be utilized with a maximum pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WASTE AND RECYCLING CONTAINERS 12. FIRE AND RESCUE Proffer Statement 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12.1 The Applicant shall contribute to the Board the sum of $83.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVERNMENT 13.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 15. LIBRARY NOT CURRENT Orrick Comrmonu Proffer Stalemenl 15.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. 16. FUTURE ROAD IMPROVEMENTS 16.1 The Applicant shall contribute to the Board the sum of $1,500.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17. INTERPARCEL CONNECIIONS 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. 18. CORRIDOR ENHANCEMENTS 18.1 The Applicant shall locate street trees along the road frontage of both Senseny Road and Greenwood Road to enhance the visual characteristics of both corridors. Said street trees shall be planted a maximum of 40' apart. Page 7 of 9 Orrick Commons Proffer Statement Respectfully submitted, By Orrick Cemetery Company, Inc. Title: CA49 2 NM,/ STAIN OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Ivty co Nofary -Public NORENT Th The foregoing instrument was acknowledged before me this /`iday of (Y) A Y 2006, by he /4i yfl h Paco Page 8 of 9 ono GROOMS By: Paramount Develo Title: p4CE5iavr STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY,To -wit: The foregoing instrument waa acknoslec,ged before me this day of 2046,bg My commission expires Notary Public Respectfully submitted, ent Corporation Page 9 of 9 NOT CURRENT »./ir Steams: 01 39Vd N314d013A31 INlOWtfdtid 9Ebbt9EEb8 63:11 900Z/L1/S0 NOT P LTR,RENT Omck Commons Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. RA (Rural Areas) to RP (Residential Performance) 33.61 acres and B2 (Business General) 22.06 acres PROPERTY: 55.6708 Acres Tax Map Parcel 55 -A -201 (the "Property RECORD OWNER Orrick Cemetery Company, Inc. APPLICANT: Paramount Development Corporation PROJE CI NAME: Orrick Commons APR i ORIGINAL DATE OF PROFFERS: December 6, 2005 REVISION DATE (S): February 13, 2006 March 22, 2006 April 13, 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 and B2 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 improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. 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, Orrick Commons" dated November 15, 2005 (the "GDP and shall include the following: Page 1 of 9 NOT CURRENT Orrick Commons Proffer Statement 1. LAND USE: 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi family units, the mixture of which will be dictated by the Frederick County Code. The locations of the single family units and multi family units shall be located as generally depicted on the GDP. 1.3 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, all dwelling units shall be identified as "age- restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann g 36 -96.7, or a surviving spouse not so qualifying. No persons 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, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERNIITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Proffer Statement as approved bythe Board. 3. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. Page 2 of 9 ,NOT CURRENT Orrick Commons Proffer Statement 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 4. WATER &SEWER 4.1 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. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT: 5.1 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. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust Associates, dated October 11, 2005 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signali7ation improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right turn lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed within existing right of ways. 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupany for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) Page 3 of 9 Orrick Commons NOT CUIttisznnlyrr Proffer Statement 6.4 The Applicant shall design and construct a right tum lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right -of -way along Senseny Road (Route 657) and 15 feet of additional right -of -way along Greenwood Road (Route 656). Said right of ways shall be dedicated within 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan (MDP) and/or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a landscaped median with street trees. 7. DESIGN STANDARDS 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the Page 4 of 9 Orrick Commons Projftr Statement continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade fronting Senseny Road and/or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, formed concrete, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Hardishingle and /or Harditrim, or material of comparable quality; Azek Trimboards; Fypon brackets and /or cornice details; stucco; glass. Any multi family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi- family residential structures located on the Property shall incorporate non symmetrical massing, bays, and columned porches to more effectively relate to surrounding properties as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. 8. PARKS AND RECREATION 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilizing an existing pond. Said park shall be open to the public and shall be maintained by the Property HOA. 8.2 The Applicant shall design and build a public pedestrian- bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP prior to occupancy of any commercial building. The trail crossing of the proposed boulevard style entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit Page 5 of 9 NOT CURRENT 16. FUTURE ROAD IIvH'ROVEMENTS 17. INTERPARCEL CONNECIIONS SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 9 NOT CURRENT Omck Commons Proffer Statement 16.1 The Applicant shall contribute to the Board the sum of $1,500.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. Orrick Commons 9. LIGHTING PLAN NOT CURRENT PrOiler Statemen! 9.1 Low impact outdoor lighting meeting dark sky criteria will be utili7pd with a maximum pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10. SIGNAGE 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WASTE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 12.1 The Applicant shall contribute to the Board the sum of $83.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVERNMENT 13.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general govemment purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. 15. LIBRARY 15.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 Orrick Commons Proper Statement Respectfully submitted, Orrick Cemetery Company, Inc. By: Titled ➢41 &m& Asi @a rAnrw STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public Page 8 of 9 NOT CURRENT Orrin* cam„ By: MY c° Notary_Publc Respectfully Paramount Development Corporation Title: S f l7E•rif na &wz-iuA STATE OFiLR{itdIA, AT LARGE r a COUNTY, To -wit e re going instrum.• of fo 200. •i expires ac&no pled Page 9 of 9 meth NOT CURRENT PwfirSh rn Proffer headings lack specified acreages for the commercial and residential portions of the property. The proffer statement has been amended to reflect the acreages intended to be rezoned for commercial and residential uses. 3.2 Does not directly provide for solid waste disposal by a commercial collection company. Only if chosen by the HOA. The proffers have been amended to stipulate that the HOA shall be responsible for a common solid waste disposal program provided by a commercial collection company. 6.3 Lack of a trigger for the construction of Farmington Boulevard through the residential portion of the project. Revised proffer statement specifies that Farmington Boulevard shall be constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit. P CORPORATE. Chantilly VIRGINIA OFFICES Cloudily Bridgewater Fredericksburg Leesburg Richmond Virginia Beach Winchester Woodbridge LABORATORIES Chant Ily Fredericksburg MARYLAND OFFICES Baltimore Columbia Frederick Germontown Hollywood Hunt Volley WEST VIRGINIA OFFICE' N,arl i nsbu to T 540.667.2139 F 540 665 0493 117 East Piccadilly Street W'mchaslcr, VA 22601 Patton Harriust Associates,pc Engineers. Surveyors_ Plenners_ Landscape Architects. March 29, 2006 Frederick County Planning Commission Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: ORRICK COMMONS REVISED PROFFER STATEMENT Dear Members of the Frederick County Planning Commission: MAR 3 0 2006 Discussions with County Staff have prompted a revision to the proposed proffer statement for the Orrick Commons rezoning application scheduled for a public hearing at the April 5 Planning Commission meeting. The changes to the proffer are relatively small in scale, and are intended to solidify the intent of the original proffer statement. T have included a copy of the revised proffer statement for your review. County Staff has also received a copy for review. The following is a description of the changes made to the most recent proffer statement dated March 22, 2006: ORRICK PROFFER CHANGES O ntrance liN ktC< Co SF Ss Commercial Proposed Pedestrian- Bicycle Trail SEN SEN y R OAD Proposed Pedestrian Bicycle Trail COMMERCIAL (22.06 Acres) O Signalized Entrance N Commerical Residential Connection MULTI- FAMILY (Age Restricted) I (TOTAL RESIDENTIAL 33.61 Acres) ■OOT ON SINGLE FAMILY O o (Age Restricted) CROPMC sr_aee r DATE REM54R Patton Harris Ru•l Aeeoclelee,pc Engineers surveyors. Planners. Landscape Mrnneda. iilurmmuNan.tv•m 44-{A 1 I MO NJ 213e• GENERALIZED DEVELOPMENT PI.AN NOT CURRENT ORRICK COMMONS FREOERICK COUNTY. VIRGINIA PPS MEET 1 or 1 DATE MWtuHR 15. 20W 6.5 Lack of a trigger for the dedication of right of way along Senseny Road and Greenwood Road. The proffers have been amended to specify that additional right of way along Senseny Road and Greenwood Road will be dedicated within 90 days of receiving written request from the County. 7.3 7.4 The use of the word "apartment" for design standard brings into question the types of housing that these standards apply to. "Multi- family residential" has replaced "apartment." This ensures that the proffer relates to any residential structure that is not of the single family variety and also corresponds to the wording used on the proffered generalized development plan. 8.2 A timeframe for the construction of the public pedestrian- bicycle trail along Senseny and Greenwood is not specified. Amended proffer statement identities that the trail shall be constructed during the first phase of the project prior to occupancy of any commercial building. 10.1 Proffer, as written, could allow for the construction of multiple monument style signs at the entrances to the commercial portion of the Property. Proffers have been amended to ensure that only one monument style sign may be constructed at each of the two entrances to the commercial area of the site. P Orrick Comtons March 29, 2006 Page 2 of 2 Sincerely, Patton Harris Rust Associ tes Patrick R. Sowers PRS Enclosure Revised Proffer Statement cc: Susan Eddy, Frederick County Planning P :APlanning \RezonitgApp/ications \Frederick County\Paramount Orrick \PC Proffer Amend Letter 032806.doc Orrick Commons Proffer Statement REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): PROPOSED PROFFER STATEMENT RZ. RA (Rural Areas) to RP (Residential Performance) 33.61 acres and B2 (Business General) 22.06 acres 55.6708 Acres Tax Map Parcel 55-A-201 (the "Property") Orrick Cemetery Company, Inc. Paramount Development Corporation Orrick Commons December 6, 2005 February 13, 2006 March 22, 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 and B2 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 improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The te tiu "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, Orrick Commons" dated November 15, 2005 (the "GDP and shall include the following: Page 1 of 9 Orrick Commons Proffer Statement 1. LAND USE: 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi- family units, the mixture of which will be dictated by the Frederick County Code. The locations of the single family units and multi family units shall be located as generally depicted on the GDP. 1.3 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, all dwelling units shall be identified as "age- restricted" and 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 persons 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, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. 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, design standards, and this Orrick Commons Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. Page 2 of 9 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 5. ENVIRONMENT: Omrk Commons Proffer Statement 4. WATER SEWER: 4.1 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. The cost of all water and sewer improvements will be borne by the Applicant. 5.1 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. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust Associates, dated October 11, 2005 (the "TI A The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right turn lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed within existing right of ways. 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupany for the first single family dwellinu Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) Page 3 of 9 Orrick Commons Pua$er Statement 6.4 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right -of -way along Senseny Road (Route 657) and 15 feet of additional right -of -way along Greenwood Road (Route 656). Said right of ways shall be dedicated within 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan (MDP) and /or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Sensenv Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a landscaped median with street trees. 7. DESIGN STANDARDS 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the Page 4 of 9 8. PARKS AND RECREATION Orrick Commons Proffer Statement continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade fronting Senseny Road and /or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, formed concrete, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi family residential structure located on the Property shall be constructed using a combination of the following materials: stone, brick, smooth face block, wood, cement board siding, stucco, and glass. Any multi family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi family residential structures located on the Property shall incorporate non symmetrical massing, bays, and columned porches to more effectively relate to surrounding properties. 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilising an existing pond. Said park shall be open to the public and shall be maintained by the Property HOA. 8.2 The Applicant shall design and build a public pedestrian- bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP prior to occupancy of any commercial building. The trail crossing of the proposed boulevard style entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $1,519.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit Page 5 of 9 9. LIGHTING PLAN Omck Commons Proffer Statement 9.1 Low impact outdoor lighting meeting dark sky criteria will be utilized with a maximum pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10. STGNAGE 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WASTE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 12.1 The Applicant shall contribute to the Board the sum of $508.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVERNMENT 13.1 The Applicant shall contribute to the Board the sum of $227.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 The Applicant shall contribute to the Board the sum of $468.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. 15. LIBRARY 15.1 The Applicant shall contribute to the Board the sum of $190.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 Orrick Commons Proffer Statement 16. FUTURE ROAD IMPROVEMENTS 16.1 The Applicant shall contribute to the Board the sum of 5500.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17. Interparcel Connections 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. Page 7 of 9 Orrick Commons Proffer Statement A n "kl e k (0.$c- c or irc(usioC in f ac ke )POSED PROFFER STATEMENT RZ.x: 140T CURRENT RA (Rural Areas) to RP (Residential Performance) 22.06 acres and B2 (Business General) 33.61 acres '55.6708 Acres Tax Map Parcel 55-A-201 (the "Property') Jrrick Cemetery Company, Inc. ?aramount Development Corporation b rrick Commons OF PROFFERS: December 6, 2005 REVISION DATE (S): February 13, 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 and B2 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 improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. 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, Orrick Commons" dated November 15, 2005 (the "GDP and shall include the following: Page 1 of 9 9002 z UVW 1. LAND USE: NOT CURRENT Orrick Commons Proffer Statement 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi family units, the mixture of which will be dictated by the Frederick County Code. The locations of the single family units and multi family units shall be located as generally depicted on the GDP. 1.3 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, all dwelling units shall be identified as "age- restricted" and 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 persons 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, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. 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, design standards, and this Orrick Commons Proffer Statement as approved bythe Board. 3. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein Page 2 of 9 Orntk Commons 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 4. WATER &SEWER 5. ENVIRONMENT: NOT CURRENT Proffer Statement 4.1 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. The cost of all water and sewer improvements will be bome by the Applicant. 5.1 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. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust Associates, dated October 11, 2005 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right turn lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed within existing right of ways. 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupany for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) Page 3 of 9 NoT Orrick Commons Proffer Statement 6.4 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right -of -way along Senseny Road (Route 657) and 15 feet of additional right -of -way along Greenwood Road (Route 656). Said right of ways shall be dedicated within 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan (MDP) and /or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilising a boulevard design that incorporates a landscaped median with street trees. 7. DESIGN STANDARDS Page 4 of 9 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the 8. PARKS AND RECREATION NOT CURRENT Orrick Commons Proffer Statement continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade fronting Senseny Road and /or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, formed concrete, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi- family residential structure located on the Property shall be constructed using a combination of the following materials: stone, brick, smooth face block, wood, cement board siding, stucco, and glass. Any multi family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi family residential structures located on the Property shall incorporate non symmetrical massing, bays, and columned porches to more effectively relate to surrounding properties. 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilizing an existing pond. Said park shall be open to the public and shall be maintained by the Property HOA. 8.2 The Applicant shall design and build a public pedestrian bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP prior to occupancy of any commercial building. The trail crossing of the proposed boulevard style entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $1,519.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit Page 5 of 9 10. SIGNAGE A0 o zRE Orrick Commons Proffer Stalemenl 9. LIGHTING PLAN 9.1 Low impact outdoor lighting meeting dark sky criteria will be utilized with a maximum pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WASTE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 12.1 The Applicant shall contribute to the Board the sum of $508.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVERNMENT 13.1 The Applicant shall contribute to the Board the sum of $227.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 The Applicant shall contribute to the Board the sum of $468.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. 15. LIBRARY 15.1 The Applicant shall contribute to the Board the sum of $190.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 Orrick Commons Prover Statement 16. FUTURE ROAD IMPROVEMENTS 16.1 The Applicant shall contribute to the Board the sum of $500.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17. Interparcel Connections 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 9 Onick Commons Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. eq -4RA (Rural Areas) to RP (Residential Performance) and B2 (Business General) PROPERTY: 55.6708 Acres Tax Map Parcel 55 -A -201 (the "Property RECORD OWNER Orrick Cemetery Company, Inc. APPLICANT: Paramount Development Corporation PROJECT NAME Orrick Commons ORIGINAL DATE OF PROFFERS: December 6, 2005 REVISION DATE(S): February 13, 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 and B2 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 improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. 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, Orrick Commons" dated November 15, 2005 (the "GDP and shall include the following. Page 1 of 9 NOT CURR Orrick Commons Proffer Statement 1. LAND USE: 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi family units, the mixture of which will be dictated by the Frederick County Code. The locations of the single family units and multi- family units shall be located as generally depicted on the GDP. 1.3 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, all dwelling units shall be identified as "age- restricted" and 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 persons 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, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. 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, design standards, and this Orrick Commons Proffer Statement as approved bythe Board. 3. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein Page 2 of 9 5. ENVIRONMENT: NOT CIL cE. NT Orrick Commons Proffer Statement 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, if they decide to use a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 4. WATER &SEWER 4.1 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. The cost of all water and sewer improvements will be borne by the Applicant. 5.1 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. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust Associates, dated October 11, 2005 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right turn lane for the westbound lane of Senseny Road (See 1 on GDP). The lanes will be installed within existing right of ways. 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to include traffic calming measures acceptable to VDOT. (See 2 on GDP) Page 3 of 9 NOT CURRENT Page 4 of 9 Orrick Commons Proffer Statement 6.4 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right -of -way along Senseny Road (Route 657) and 15 feet of additional right -of -way along Greenwood Road (Route 656). 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan (MDP) and /or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements. along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utiliving a boulevard design that incorporates a landscaped median with street trees. 7. DESIGN STANDARDS 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the continuity and character of the existing architectural fabric of the Onick Commons Proffer Statement surrounding community. The principal facade in addition to any facade fronting Senseny Road and/or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, formed concrete, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any apartment structure located on the Property shall be constructed using a combination of the following materials: stone, brick, smooth face block, wood, cement board siding, stucco, and glass. Any apartment building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any apartment structures located on the Property shall incorporate non symmetrical massing, bays, and columned porches to more effectively relate to surrounding properties. 8. PARKS AND RECREATION Page 5 of 9 NOT CURRENT 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilizing an existing pond. Said park shall be open to the public and shall be maintained by-the Property HOA. 8.2 The Applicant shall design and build a public pedestrian bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP. The trail crossing of the proposed boulevard style entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $1,519.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit Orrick Commons Proffer Statement 9. LIGHTING PLAN 9.1 Low impact outdoor lighting meeting dark sky criteria will be utilized with a maximum pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10. SIGNAGE NOT CURRENT 10,1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to monument style signs at the proposed entrances on Greenwood Road and Senseny Road. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WASTE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 12.1 The Applicant shall contribute to the Board the sum of $508.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVERNMENT 13.1 The Applicant shall contribute to the Board the sum of $227.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 The Applicant shall contribute to the Board the sum of $468.00 per dwelling unit for public safety purposes, payable upon the issuance of a building pen for each dwelling unit. 15. LIBRARY 15.1 The Applicant shall contribute to the Board the sum of $190.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 Orrick Commons Pmf/er Statement 16. FUTURE ROAD IMPROVEMENTS 16.1 The Applicant shall contribute to the Board the sum of $500.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17. Interparcel Connections 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 9 NOT CURRENT 07,. Xi 3 if rid SE, OrriCk C.:00RO! Prn SIGNATURES APPEAR ON ['OD /OWING P:kf: =WS Refp Lrnnr 4 2-6.49ftS 'Ili tit S OF VIRGINIA, A:TI LARGE FREDERICK C t ibreguirig insirtimerit was odour:iviedd before. rim r.rii5 ir- 2006, by 1-ken rr Q. toottJ .7qy cLRatniss:, Notary Pi Orrick C err rz-v,:ry Ccmpany, inc. 4 F F AGE or NOT CURRENT Orrick Commons By: Title: y c r rnEz_ Paramount Development Corporation gay,„„ -.97 S9✓Tt-1 �uA STALE OF VIRGINIA, AT LARGE K COUNTY, To -wit: �/u22 //55 he foregoing instrume wows ayAdge� Cme this day My commi Notary Public Respectfully su "tted, 200 y xpires 7 Page 7 of 7 11 ,t,L NOT CURRENT Proffer Statement :OUTPUT MODULE Applicant: Residential Units (number) SFD SFA Non Residential (sq. ft.) 55,000 Sq. Ft. Retail 55,000 Sq. Ft. Office 0 Sq. Ft. Total capital facilities impacts to mitigate Total revenue from commercial component 10 Year average of expenditures toward capital items Revenue to assign as credit from commercial component Total capital facilities impacts left to be mitigated Fire And Rescue $110,342 General Government Public Safety Library Parks and Recreation School Construction Total MFD 'Orrick Commons 175 Units 88 0 87 Total Cost of Capital Facilities NOT 2,838,126 3,206,871 18% $577,237 2,260,889 Total Net Cost of Capital Facilities Per Unit $87,900 $502 $49,414 $39,364 $225 $101,669 $80,991 $463 $41,193 $32,815 $188 $330,134 $262,989 $1,503 $2,205,374 $1,756,830 $10,039 $2,838,126 $2,260,889 $12,919