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HomeMy WebLinkAbout09-06 Proffer StatementTarker Woods REZONING: Page 1 of 8 PROPOSED PROFFER STATEMENT RZ. 07-04, RA (Rural Areas) to RP (Residential Performance) 60.281 acres and B2 (General Business) 18.897 acres 1 Proye S tatement S 1 g 2006 PROPERTY: 79.178 Acres Tax Map Parcels 76- A -48A, 76 -A -49 (the "Property RECORD OWNER: Allden, LLC APPLICANT: Allden, LLC PROJECT NAME: Tasker Woods ORIGINAL DATE OF PROFFERS: March 15, 2006 REVISION DATE(S): June 12, 2006 July 5, 2006 July 21, 2006 August 11, 2006 August 16, 2006 August 18, 2006 September 13,2006 September 19, 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 /B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void.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, Tasker Woods" dated January 15, 2006 revised August 16, 2006 (the "GDP and shall include the following: Tacker Woods Proffer Statement 1. LAND USE: 1.1 Residential development on the Property shall not exceed 319 units. The mixture of single family detached and attached units shall be designated at the time of Master Development Plan and shall not generate more than 2,931 average daily trips (ADT). 1.2 The project shall be developed pursuant to an annualized phasing plan. Building permits for no more than 90 dwelling units shall be issued within any calendar year. 1.3 Commercial development on the B2 zoned portion of the Property shall not exceed 179,000 square feet. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, this Tasker Woods Proffer Statement, and in substantial conformity with the GDP as approved by the Board. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $720.00 per single family, detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each detached unit. 3.2 The Applicant shall contribute to the Board the sum of $528.00 per single family, attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $19,189.00 per single family, detached dwelling unit for school purposes, payable upon the issuance of a building permit for each detached unit. 4.2 The Applicant shall contribute to the Board the sum of $14,618.00 per single family, attached dwelling unit for school purposes, payable upon the issuance of a building permit for each attached unit. 5. PARKS OPEN SPACE: 5.1 The Applicant shall contribute to the Board the sum of $2,136.00 per single family, detached dwelling unit for recreational purposes, payable upon the issuance of a building pertnit for each detached unit. Page 2 of 8 Tasker Woods Proffer Statement 5.2 The Applicant shall contribute to the Board the sum of $1,634.00 per single family, attached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each attached unit. 5.3 Prior to issuance of the 100` building permit the Applicant shall construct a community center, including a 2,400 square foot pool and full basketball court, in the location depicted on the GDP. Other recreational improvements shall include a minimum of two tot lots and a picnic shelter in the locations depicted on the GDP. Said improvements shall count towards the recreational unit requirement for the proposed development. 5.4 The Applicant shall construct a ten foot asphalt public hiker -biker trail in the locations depicted on the GDP. Along the Property frontage on Tasker Road and the portion of Macedonia Church Road identified as a major collector said trail shall be constructed in lieu of the adjacent sidewalk. Said improvements shall count towards the recreational unit requirement for the proposed development. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $267.00 per single family, detached dwelling unit for library purposes, payable upon the issuance of a building permit for each detached unit. 6.2 The Applicant shall contribute to the Board the sum of $204.00 per single family, attached dwelling unit for library purposes, payable upon the issuance of a building permit for each attached unit. 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the Board the sum of $658.00 per single family, detached dwelling unit for public safety purposes upon issuance of a building permit for each detached unit. 7.2 The Applicant shall contribute to the Board the sum of $503.00 per single family, attached dwelling unit for public safety purposes upon issuance of a building permit for each attached unit. 8. GENERAL GOVERNMENT: 8.1 The Applicant shall contribute to the Board the sum of $320.00 per single family, detached dwelling unit for general governmental purposes upon issuance of a building permit for each detached unit. 8.2 The Applicant shall contribute to the Board the sum of $245.00 per single family, attached dwelling unit for general governmental purposes upon issuance of a building permit for each attached unit. Page 3 of 8 Tasker Woods Proffer Statement 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 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. 9.2 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 not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs 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, (v) responsibility for payment for maintenance of streetlights and (vi) maintenance of BMP's and stormwater conveyance channels. 9.2 The Applicant shall establish a start -up fund for the Tasker Woods HOA that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 for each platted lot within the Tasker Woods community of which the assessment for each platted lot is to be collected at the time of initial transfer of title and to be directed to the Tasker Woods HOA fund. Language will be incorporated into the Tasker Woods HOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the Applicant to the Tasker Woods HOA. The start up funds for the Tasker Woods HOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and /or legal fees. 10. WATER SEWER: 10.1 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 and the Frederick- Winchester Service Authority. Page 4 of 8 11. ENVIRONMENT: 12. TRANSPORTATION: Tasker Woods Proffer Statement 11.1 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. 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Tasker Woods," prepared by Patton Harris Rust Associated, dated Februray 2, 2006 with addendum dated July 11, 2006 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall install or bond a traffic signal at the intersection of Route 522 and Macedonia Church Road prior to issuance of the 50` building permit unless otherwise directed by Frederick County and /or VDOT. 12.3 The Applicant shall contribute to the Board the sum of $1000 per single family, detached dwelling and $500 per single family, attached dwelling for transportation improvements to the Tasker Road corridor upon the issuance of a building permit for each unit. 12.4 The Applicant shall design Macedonia Church Road as a four lane roadway with landscaped median from the road's intersection with White Oak Road to the intersection with Front Royal Pike. The Applicant shall construct Macedonia Church Road from its intersection with Front Royal Pike as a four lane roadway with a landscaped median for a minimum distance of 200 feet prior to transitioning to a three lane section that then transitions into a two lane section that aligns with the existing two lane section of improved White Oak Road at Canter Estates. Said roadway shall also include turn lanes as directed by VDOT. Said improvement shall be completed prior to issuance of the 50` building permit. Improvements to Macedonia Church Road shall also include the construction of an iron fence along a portion of the frontage of the Macedonia Church property and consolidation of the current church entrances into a single access point as depicted on the GDP. The Applicant shall dedicate right of way necessary to achieve an 80 foot right of way to allow full implementation of a major collector roadway between existing White Oak Road and Front Royal Pikc that will not negatively impact the existing graveyard at Macedonia Church. (See 1 on GDP) 12.5 Direct access to individual lots from the portion of Macedonia Church Road designated as a major collector shall be prohibited. Page 5 of 8 Tasker Woods Proffer Statement 12.6 Access to commercial portions of the Property shall be provided via the future roadway connecting the commercial and residential portions of the property as indicated on the GDP. Said connection between residential and commercial portions of the Property shall be made prior to occupancy of any building constructed on the portion of the Property zoned B2. Commercial entrances on Tasker Road shall be prohibited. 12.7 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 intersection of Marcel Drive and the proposed entrance on Tasker Road. In addition, the Applicant shall be responsible through said agreement, for the installation of a Southbound left turn lane on the proposed internal collector road as well as a westbound right turn lane on Tasker Road at the subject intersection. If or when, in the opinion of VDOT, a traffic signal and /or the turn lanes are required, the Applicant shall provide funds including any necessary bond to construct improvements at said intersection. 12.8 The Applicant shall dedicate 27 feet of right of way from the center line of the portion of Macedonia Church Road not identified as a major collector prior to issuance of the 50 building permit. 13. HISTORIC MARKER 13.1 The Applicant shall install a historic marker in collaboration with Macedonia Church that notes the historical significance of Macedonia Church. 14. COMMERCIAL DESIGN STANDARDS 14.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. The principal facade in addition to any facade fronting Tasker 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. 15. COMMERCIAL SIGNAGE 15.1 Freestanding commercial signage along Tasker Road shall be limited to a single monument style sign at the proposed internal collector road entrance at Tasker Road. Maximum height for all signs located on the Property shall be 20 feet. 15.2 Pylon style signs shall be prohibited on the Property. Page 6 of 8 Tasker Woods Proffer Statement 16. STREET TREES 16.1 The Applicant shall locate street trees along the road frontage of both Tasker Road and the proposed internal minor collector road within the commercial land bay of the Property to enhance the visual characteristics of both corridors. Said street trees shall be planted a maximum of 40' apart and shall be planted prior to occupancy of any building constructed on the portion of the Property zoned B2. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 Tasker Woods Respectfully submitt By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this /9 day c of e_MenntW 2006, by ,F')0 rl ver 6. no Lnnv /17 q My commission expires .3 0 6 Notary Public h h I\ Page 8 of 8 Proffer Statement Sr DET (SM COMMUNITY CENTER 8& POCKET PARK (3 Ac) IRON FENCE j ll�i REZONE, RA To B2 �K .n (18 :897 Acres)) /APR SED USE' COMMERCIAL SF(ATTACHED CTOWNHOMESY TASKER WOODS GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, KRONA CONSOLIDATE CHURCH ENTRANCES TO SINGLE ACCESS POINT Patton, Harris, Rust Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 PDRes. 830 -06 AMENDMENT Action: PLANNING COMMISSION: September 6, 2006 Recommended Approval BOARD OF SUPERVISORS: September 27, 2006 APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #09 -06 OF TASKER WOODS WHEREAS, Rezoning #09 -06 of Tasker Woods, submitted by Patton Harris Rust Associates, to rezone 60.281 acres from RA (Rural Areas) District to RP (Residential Performance) District and 18.897 acres from RA District to B2 (General Business) District, totaling 79.178 acres, with proffers for up to 319 residential units and for commercial use, was considered. The properties are located north of Tasker Road (Route 642), east and south of Macedonia Church Road (Route 756) and west of Front Royal Pike (Route 522), in the Shawnee Magisterial District, and are identified by Property Identification Numbers (PINS) 76- A-48A and 76 -A -49. WHEREAS, the Planning Commission held a public hearing on this rezoning on September 6, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 27, 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 60.281 acres from RA (Rural Areas) District to RP (Residential Performance) District and 18.897 acres from RA District to B2 (General Business) District. Totaling 79.178 acres, with proffers for up to 319 residential units and for commercial use, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. Passed this 27th day of September, 2006 by the following recorded vote: Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux I'DRes. #30 -06 Aye Aye Aye Aye Barbara E. Van Osten Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST John R. Ril y, Jr. Frederick County Administrator Nay Aye Aye Jay E. Tibbs (For John R. Riley, Jr.) Deputy County Administrator Patton Harris Rust Isociates Engineers. Surveyors. Planners. Landscape Architects. To: Organization /Company: From: Date: Project NamelSubject: PHR +A Project file Number: 117 East Piccadilly Street Winchester, Virginia 226W T 540.667.2139 F 540.665.0493 cc: Please call if you have any questions. Susan Eddy Frederick County Planning Ron Mislowsky, P. September 14, 200 Tasker Woods NOT CURRENT Memorandum Enclosed please find the revised proffer statement for Tasker Woods. Item 12.4 has been revised to reflect the verbal commitment made at the Planning Commission meeting Monday that certain improvements over and above the two lane road previously proffered will be made. The scope of the improvements is detailed in Para.12.4. 7asker hoods Projfer Statement REZONING: PROPOSED PROFFER STATEMENT RZ.1f RA (Rural Areas) to RP (Residential Performance) 60.281 acres and B2 (General Business) 18.897 acres NOT CURREIN PROPERTY: 79.178 Acres Tax Map Parcels 76- A -48A, 76 -A -49 (the "Property RECORD OWNER Allden, LLC APPLICANT: Allden, LLC a01S r 938 PROJECT NAME: Tasker Woods ORIGINAL DATE OF PROFFERS: March 15, 2006 REVISIONDA1E(S): June 12, 2006 July5, 2006 July21, 2006 August 11, 2006 August 16, 2006 August 18, 2006 September 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 /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, Tasker Woods" dated January 15, 2006 revised August 16, 2006 (the "GDP and shall include the following. Page 1 of 8 1. LAND USE: NOT CURRENT Talker Woods Proffer Statement 1.1 Residential development on the Property shall not exceed 319 units. The mixture of single family detached and attached units shall be designated at the time of Master Development Plan and shall not generate more than 2,931 average daily trips (ADT). 1.2 The project shall be developed pursuant to an annualized phasing plan. Building permits for no more than 90 dwelling units shall be issued within any calendar year. 1.3 Commercial development on the B2 zoned portion of the Property shall not exceed 179,000 square feet. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, this Tasker Woods Proffer Statement, and in substantial conformity with the GDP as approved by the Board. 3. FIRE &RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $720.00 per single family, detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each detached unit. 3.2 The Applicant shall contribute to the Board the sum of $528.00 per single family, attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $19,189.00 per single family, detached dwelling unit for school purposes, payable upon the issuance of a building permit for each detached unit. 4.2 The Applicant shall contribute to the Board the sum of $14,618.00 per single family, attached dwelling unit for school purposes, payable upon the issuance of a building permit for each attached unit. 5. PARKS OPEN SPACE: 5.1 The Applicant shall contribute to the Board the sum of $2,136.00 per single family, detached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each detached unit. Page 2 of 8 6. LIBRARIES: NOT CURRCi Tasker I!'/oodr Proffer Statement 5.2 The Applicant shall contribute to the Board the sum of $1,634.00 per single family, attached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each attached unit. 5.3 Prior to issuance of the 100t building permit the Applicant shall construct a community center, including a 2,400 square foot pool and full basketball court, in the location depicted on the GDP. Other recreational improvements shall include a minimum of two tot lots and a picnic shelter in the locations depicted on the GDP. Said improvements shall count towards the recreational unit requirement for the proposed development. 5.4 The Applicant shall construct a ten foot asphalt public pedestrian bicycle trail in the locations depicted on the GDP. Along the Property frontage on Tasker Road and the portion of Macedonia Church Road identified as a major collector said trail shall be constructed in lieu of the adjacent sidewalk Said improvements shall count towards the recreational unit requirement for the proposed development. 6.1 The Applicant shall contribute to the Board the sum of $267.00 per single family, detached dwelling unit for library purposes, payable upon the issuance of a building permit for each detached unit. 6.2 The Applicant shall contribute to the Board the sum of $204.00 per single family, attached dwelling unit for library purposes, payable upon the issuance of a building permit for each attached unit. 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the Board the sum of $658.00 per single family, detached dwelling unit for public safety purposes upon issuance of a building permit for each detached unit. 7.2 The Applicant shall contribute to the Board the sum of $503.00 per single family, attached dwelling unit for public safety purposes upon issuance of a building permit for each attached unit. 8. GENERAL GOVERNMENT: 8.1 The Applicant shall contribute to the Board the sum of $320.00 per single family, detached dwelling unit for general governmental purposes upon issuance of a building permit for each detached unit. 8.2 The Applicant shall contribute to the Board the sum of $245.00 per single family, attached dwelling unit for general govemmental purposes upon issuance of a building permit for each attached unit. Page 3 of 8 10. WATER &SEWER NOT C•RENT Tasker lVoodr Proffer Statement 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOQATION: 9.1 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. 9.2 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 not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs 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, (v) responsibility for payment for maintenance of streetlights and (vi) maintenance of BMP's and stormwater conveyance channels. 9.2 The Applicant shall establish a start -up fund for the Tasker Woods HOA that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 for each platted lot within the Tasker Woods community of which the assessment for each platted lot is to be collected at the time of initial transfer of title and to be directed to the Tasker Woods HOA fund. Language will be incorporated into the Tasker Woods HOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the Applicant to the Tasker Woods HOA. The start up funds for the Tasker Woods HOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. 10.1 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 and the Frederick-Winchester Service Authority. Page 4 of 8 11. ENVIRONMENT: 12. TRANSPORTATION: NOT C RtNni Tarker Woods Proffer Statement 11.1 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. 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Tasker Woods," prepared by Patton Harris Rust Associated, dated Februray 2, 2006 with addendum dated July 11, 2006 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall install or bond a traffic signal at the intersection of Route 522 and Macedonia Church Road prior to issuance of the 50t building permit unless otherwise directed by Frederick County and /or VDOT. 12.3 The Applicant shall contribute to the Board the sum of $1000 per single family, detached dwelling and $500 per single family, attached dwelling for transportation improvements to the Tasker Road corridor upon the issuance of a building permit for each unit. 12.4 The Applicant shall construct Macedonia Church Road from its intersection with Front Royal Pike as a four lane roadway with a landscaped median for a minimum distance of 200 feet prior to transitioning to a three lane section that extends to the entrance to Tasker Woods then transitions into a two lane section that aligns with the existing two lane section of improved White Oak Road at Canter Estates Said roadway shall also include turn lanes as directed by VDOT. Said improvement shall be completed prior to issuance of the 50` building permit. Improvements to Macedonia Church Road shall also include the construction of an iron fence along a portion of the frontage of the Macedonia Church property and consolidation of the current church entrances into a single access point as depicted on the GDP. The Applicant shall dedicate right of way necessary to achieve an 80 foot right of way to allow full implementation of a major collector roadway between existing White Oak Road and Front Royal Pike that will not negatively impact the existing graveyard at Macedonia Church. (See 1 on GDP) 12.5 Direct access to individual lots from the portion of Macedonia Church Road designated as a major collector shall be prohibited. Page 5 of 8 Tacker Woods 12.6 Access to commercial portions of the Property shall be provided via the future roadway connecting the commercial and residential portions of the property as indicated on the GDP. Said connection between residential and commercial portions of the Property shall be made prior to occupancy of any building constructed on the portion of the Property zoned B2. Commercial entrances on Tasker Road shall be prohibited. 12.7 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 intersection of Marcel Drive and the proposed entrance on Tasker Road. In addition, the Applicant shall be responsible through said agreement, for the installation of a Southbound left turn lane on the proposed intemal collector road as well as a westbound right turn lane on Tasker Road at the subject intersection. If or when, in the opinion of VDOT, a traffic signal and /or the tum lanes are required, the Applicant shall provide funds including any necessary bond to construct improvements at said intersection. 12.8 The Applicant shall dedicate 27 feet of right of way from the center line of the portion of Macedonia Church Road not identified as a major collector prior to issuance of the. 50 building permit. 13. HISTORIC MARKER A T CURREN 1 Proffer Statement 13.1 The Applicant shall install a historic marker in collaboration with Macedonia Church that notes the historical significance of Macedonia Church. 14. COMMERCIAL DESIGN STANDARDS 14.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. The principal facade in addition to any facade fronting Tasker 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. 15. COMMERCIAL SIGNAGE 15.1 Freestanding commercial signage along Tasker Road shall be limited to a single monument style sign at the proposed internal collector road entrance at Tasker Road. Maximum height for all signs located on the Property shall be 20 feet. 15.2 Pylon style signs shall be prohibited on the Property. Page 6 of 8 Tasker [Foods Proffer Slatemenl 16. STREET TREES Page 7 of 8 ObT CuRRE1� =54 16.1 The Applicant shall locate street trees along the road frontage of both Tasker Road and the proposed internal minor collector road within the commercial land bay of the Property to enhance the visual characteristics of both corridors. Said street trees shall be planted a maximum of 40' apart and shall be planted prior to occupancy of any building constructed on the portion of the Property zoned B2. SIGNATURES APPEAR ON THE FOLLOWING PAGES Luker Woods Respectfully submitte By: Title: STAI E OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this l day of\ mTh 2006, by OP (WC r out nno llc f My commissio Notary Public xpires Page 8 of 8 NOT CURRENT Proffer Statement 4. tiREZ E RA ro B2 1 I# 11(18;897 Acr,'es)) L' n usE1 COMMERCIAL A COMMUNITY CENTER POCKET PARK (3 Ac) IRON FENCE TASKER WOODS GENERAL/ZED DEVELOPMENT PLAN rmilmnv ivumnr udvuu \ate C'OLIDATE CHURCH ENTRANCES TINGLE ACCESS POINT 6\ e tica ctR T Patton, Harris, Rust Associates, pc 117 E. Fondly St. *cheater, Virgin 22601 VOICE (540) 667 -2139 FAX: (540) 665 -0493 Tasker Woods REZONING: PROPOSED PROFFER STATEMENT RZ. #6q•o6: RA (Rural Areas) to RP (Residential Performance) 60281 acres -and B2 (General Business) 18.897 acres PROPERTY: 79.178 Acres Tax Map Parcels 76- A -48A, 76 -A -49 (the "Property RECORD OWNER: Allden, LLC APPLICANT": Allden, LL.0 NOT CURRENT PROJECT NAME: Tasker Woods ORIGINAL DATE OF PROFFERS: March 15, 2006 REVISION DATE(S): June 12, 2006 July 5, 2006 July 21, 2006 August 11, 2006 August 16, 2006 August 18, 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 /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 "fmal 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, Tasker Woods" dated January 15, 2006 revised August 16, 2006 (the "GDP and shall include the following: Page 1 of 8 i Statement AUG 2 1 2006 r j Tasker Woods Proffer Statement 1. LAND USE: 1.1 NOT JRRENT Residential development on the Property shall not exceed 319 units. The mixture of single family detached and attached units shall be designated at the time of Master Development Plan and shall not generate more than 2,931 average daily trips (ADT). 1.2 The project shall be developed pursuant to an annualized phasing plan. Building permits for no more than 90 dwelling units shall be issued within any calendar year. 1.3 Commercial development on the B2 zoned portion of the Property shall not exceed 179,000 square feet. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, this Tasker Woods Proffer Statement, and in substantial conformity with the GDP as approved by the Board. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $720.00 per single family, detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each detached unit. 3.2 The Applicant shall contribute to the Board the sum of $528.00 per single family, attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $19,189.00 per single family, detached dwelling unit for school purposes, payable upon the issuance of a building permit for each detached unit. 4.2 The Applicant shall contribute to the Board the sum of $14,618.00 per single family, attached dwelling unit for school purposes, payable upon the issuance of a building permit for each attached unit. 5. PARKS OPEN SPACE: 5.1 The Applicant shall contribute to the Board the sum of $2,136.00 per single family, detached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each detached unit. Page 2 of 8 NOT CURRENT Tacker Woods Proffer Stalemenl 5.2 The Applicant shall contribute to the Board the sum of $1,634.00 per single family, attached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each attached unit. 5.3 Prior to issuance of the 100 building permit the Applicant shall construct a community center, including a 2,400 square foot pool and full basketball court, in the location depicted on the GDP. Other recreational improvements shall include a minimum of two tot lots and a picnic shelter in the locations depicted on the GDP. Said improvements shall count towards the recreational unit requirement for the proposed development. 5.4 The Applicant shall construct a ten foot asphalt public pedestrian bicycle trail in the locations depicted on the GDP. Along the Property frontage on Tasker Road and the portion of Macedonia Church Road identified as a major collector said trail shall be constructed in lieu of the adjacent sidewalk. Said improvements shall count towards the recreational unit requirement for the proposed development. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $267.00 pet single family, detached dwelling unit for library purposes, payable upon the issuance of a building permit for each detached unit. 6.2 The Applicant shall contribute to the Board the sum of $204.00 per single family, attached dwelling unit for library purposes, payable upon the issuance of a building permit for each attached unit. 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the Board the sum of $658.00 per single family, detached dwelling unit for public safety purposes upon issuance of a building permit for each detached unit. 7.2 The Applicant shall contribute to the Board the sum of $503.00 per single family, attached dwelling unit for public safety purposes upon issuance of a building permit for each attached unit. 8. GENERAL GOVERNMENT: 8.1 The Applicant shall contribute to the Board the sum of $320.00 per single family, detached dwelling unit for general governmental purposes upon issuance of a building permit for each detached unit. 8.2 The Applicant shall contribute to the Board the sum of $245.00 per single family, attached dwelling unit for general governmental purposes upon issuance of a building permit for each attached unit. Page 3 of 8 N•CURRENT Tasker Woods Prof/er Statement 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 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. 9.2 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 not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs 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 I-IOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument, (v) responsibility for payment for maintenance of streetlights and (vi) maintenance of BMP's and stormwater conveyance channels. 9.2 The Applicant shall establish a start -up fund for the Tasker Woods HOA that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 for each platted lot within the Tasker Woods community of which the assessment for each platted lot is to be collected at the time of initial transfer of tide and to be directed to the Tasker Woods HOA fund. Language will be incorporated into the Tasker Woods 1-IOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the Applicant to the Tasker Woods HOA. The start up funds for the Tasker Woods HOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and /or legal fees. 10. WATER SEWER: 10.1 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 and the Frederick Winchester Service Authority. Page 4 of 8 Tacker Woods Proffir Statement 11. ENVIRONMENT: 11.1 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. 12. TRANSPORTATION: NOT CURRENT 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Tasker Woods," prepared by Patton Harris Rust Associated, dated Februray 2, 2006 with addendum dated July 11, 2006 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall install or bond a traffic signal at the intersection of Route 522 and Macedonia Church Road prior to issuance of the 50 building permit unless otherwise directed by Frederick County and /or VDOT. 12.3 The Applicant shall contribute to the Board the sum of $1000 per single family, detached dwelling and $500 per single family, attached dwelling for transportation improvements to the Tasker Road corridor upon the issuance of a building permit for each unit. 12.4 The Applicant shall realign Macedonia Church Road as indicated on the GDP and in accordance with the TIA to extend the current improved section of White Oak Road to Front Royal Pike. Realignment of said roadway shall include the design of a four lane roadway with landscaped median and the construction of two lanes of the roadway from the terminus of White Oak Road at Macedonia Church Road to Front Royal Pike. Construction of this improvement shall include the construction of an iron fence along a portion of the frontage of the Macedonia Church property and consolidation of the current church entrances into a single access point as depicted on the GDP. The Applicant shall dedicate right of way necessary to achieve an 80 foot right of way to allow full implementation of a major collector roadway that will not negatively impact the existing graveyard at Macedonia Church. Said improvement shall be completed prior to issuance of the 50 building permit (See 1 on GDP) 12.5 Direct access to individual lots from the portion of Macedonia Church Road designated as a major collector shall be prohibited. 12.6 Access to commercial portions of the Property shall be provided via the future roadway connecting the commercial and residential portions of the property as indicated on the GDP. Said connection between residential and commercial portions of the Property shall be made prior to occupancy of any Page 5 of 8 building constructed on the portion of the Property zoned B2. Commercial entrances on Tasker Road shall be prohibited. 12.7 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 intersection of Marcel Drive and the proposed entrance on Tasker Road. In addition, the Applicant shall be responsible through said agreement, for the installation of a Southbound left turn lane on the proposed internal collector road as well as a westbound right turn lane on .Tasker Road at the subject intersection. If or when, in the opinion of VDOT, a traffic signal and /or the turn lanes are required, the Applicant shall provide funds including any necessary bond to construct improvements at said intersection. 12.8 The Applicant shall dedicate 27 feet of right of way from the center line of the portion of Macedonia Church Road not identified as a major collector prior to issuance of the 50"' building permit. NOT CURRENT Tacker Woods Proffer Statement 13. HISTORIC MARKER 13.1 The Applicant shall install a historic marker in collaboration with Macedonia Church that notes the historical significance of Macedonia Church. 14. COMMERCIAL DESIGN STANDARDS 14.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. The principal facade in addition to any facade fronting Tasker 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. 15. COMMERCIAL SIGNAGE 15.1 Freestanding commercial signage along Tasker Road shall be limited to a single monument style sign at the proposed internal collector road entrance at Tasker Road. Maximum height for all signs located on the Property shall be 20 feet. 15.2 Pylon style signs shall be prohibited on the Property. 16: STREET TREES 16.1 The Applicant shall locate street trees along the road frontage of both Tasker Road and the proposed internal minor collector road within the commercial land bay of the Property to enhance the visual characteristics of both corridors. Said street trees shall be planted a maximum of 40' apart and shall Page 6 of 8 'rather [Foods Proffet. Statement be planted prior to occupancy of any building constructed on the portion of the Property zoned B2. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 NOT CURRENT Tacker [Foods Respectfully submitte By en, LL Title: f do fo 11444 1 STAIN OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrumen&was acknowledged before me this LAU, of 2006, by 0 [VCQr E,. OLt (nn (I Notary Public My commission ex.ires Q'3 0LD Jan M I Page 8 of 8 16 day NOT CURRENT Proffer Statement Rrn 1 1 zo N RA T B2 f )I (L829"7 Acr !�e2tlPpSED USE' LIME •C IRON FENCE COMMUNITY CENTER POCKET PARK (3 Ac) COIOLIDATE CHURCH ENTRANCES TO SINGLE ACCESS POINT T O NOT CURRENT co a TASKER WOODS GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, l9RC /N/A Patton, Harris, Rust Associates, pc 117 E Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 NOT CURRENT Tacker Woods Proffer Statement REZONING: PROPOSED PROFFER STATEMENT RZ. RA (Rural Areas) to RP (Residential Performance) 60.281 acres and B2 (General Business) 18.897 acres PROPERTY: 79.178 Acres Tax Map Parcels 76- A -48A, 76 -A -49 (the "Property RECORD OWNER: Allden, LLC APPLICANT: Allden, LLC PROJECT NAME: Tasker Woods AUG 1 8 2006 ORIGINAL DATE OF PROFFERS: March 15, 2006 REVISION DATE(S): June 12, 2006 July 5, 2006 July 21, 2006 August 11, 2006 August 16, 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 /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, Tasker Woods" dated January 15, 2006 revised August 16, 2006 (the "GDP and shall include the following: Page 1 of Tacker Woods 1. LAND USE: NOT CURRENT Proffer Statement 1.1 Residential development on the Property shall not exceed 319 units. The mixture of single family detached and attached units shall be designated at the time of Master Development Plan and shall not generate more than 7 ,931 average daily trips (ADT). 1.2 The project shall be developed pursuant to an annualized phasing plan. Building permits for no more than 90 dwelling units shall be issued within any calendar year. 1.3 Commercial development on the B2 zoned portion of the Property shall not exceed 179,000 square feet. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, this Tasker Woods Proffer Statement, and in substantial conformity with the GDP as approved by the Board. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $720.00 per single family, detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each detached unit. 3.2 The Applicant shall contribute to the Board the sum of $528.00 per single family, attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $19,189.00 per single family, detached dwelling unit for school purposes, payable upon the issuance of a building permit for each detached unit. 4.2 The Applicant shall contribute to the Board the sum of $14,618.00 per single family, attached dwelling unit for school purposes, payable upon the issuance of a building permit for each attached unit. 5. PARKS OPEN SPACE: 5.1 The Applicant shall contribute to the Board the sum of $2,136.00 per single family, detached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each detached unit. Page 2 of 7 Tacker Woods 5.2 The Applicant shall contribute to the Board the sum of $1,634.00 per single family, attached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each attached unit. 5.3 Prior to issuance of the 100 building permit the Applicant shall construct a community center, including a 2,400 square foot pool and full basketball court, in the location depicted on the GDP. Other recreational improvements shall include a minimum of two tot lots and a picnic shelter in the locations depicted on the GDP. Said improvements shall count towards the recreational unit requirement for the proposed development. 5.4 The Applicant shall construct a ten foot asphalt public pedestrian- bicycle trail in the locations depicted on the GDP. Along the Property frontage on Tasker Road and the portion of Macedonia Church Road identified as a major collector said trail shall be constructed in lieu of sidewalks. Said improvements shall count towards the recreational unit requirement for the proposed development. 6. LIBRARIES: NOT CURRENT Proffer Statement 6.1 The Applicant shall contribute to the Board the sum of $267.00 per single family, detached dwelling unit for library purposes, payable upon the issuance of a building permit for each detached unit. 6.2 The Applicant shall contribute to the Board the sum of $204.00 per single family, attached dwelling unit for library purposes, payable upon the issuance of a building permit for each attached unit. 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the Board the sum of $658.00 per single family, detached dwelling unit for public safety purposes upon issuance of a building permit for each detached unit. 7.2 The Applicant shall contribute to the Board the sum of $503.00 per single family, attached dwelling unit for public safety purposes upon issuance of a building permit for each attached unit. 8. GENERAL GOVERNMENT: 8.1 The Applicant shall contribute to the Board the sum of $320.00 per single family, detached dwelling unit for general governmental purposes upon issuance of a building permit for each detached unit. 8.2 The Applicant shall contribute to the Board the sum of $245.00 per single family, attached dwelling unit for general governmental purposes upon issuance of a building permit for each attached unit. Page 3 of 7 NOT CURRENT Tacker Woods Proffer Statement 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 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, dudes, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 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 not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs 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, (v) responsibility for payment for maintenance of streetlights and (vi) maintenance of BMP's and stormwater conveyance channels. 9. The Applicant shall establish a start -up fund for the Tasker Woods HOA that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 for each platted lot within the Tasker Woods community of which the assessment for each platted lot is to be collected at the time of initial transfer of title and to be directed to the Tasker Woods HOA fund. Language will be incorporated into the Tasker Woods HOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the Applicant to the Tasker Woods HOA. The start up funds for the Tasker Woods HOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and /or legal fees. 10. WATER SEWER: 10.1 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 and the Frederick- Winchester Service Authority. Page 4 of 7 Tacker Woody Proffer Statement 11. ENVIRONMENT 11.1 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. 12. TRANSPORTATION: NOT CURRENT 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Tasker Woods," prepared by Patton Harris Rust Associated, dated Februray 2, 2006 with addendum dated July 11, 2006 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall install or bond a traffic signal at the intersection of Route 522 and Macedonia Church Road prior to issuance of the 50 building permit unless otherwise directed by Frederick County and /or VDOT. 12.3 The Applicant shall contribute to the Board the sum of $1000 per single family, detached dwelling and $500 per single family, attached dwelling for transportation improvements to the Tasker Road corridor. 12.4 The Applicant shall realign Macedonia Church Road as indicated on the GDP and in accordance with the TIA to extend the current improved section of White Oak Road to Front Royal Pike. Realignment of said roadway shall include the design of a four lane roadway with landscaped median and the construction of two lanes of the roadway from the terminus of White Oak Road at Macedonia Church Road to Front Royal Pike. Construction of this improvement shall include the construction of an iron fence along a portion of the frontage of the Macedonia Church property and consolidation of the current church entrances into a single access point as depicted on the GDP. The Applicant shall dedicate right of way necessary to achieve an 80 foot right of way to allow full implementation of a major collector roadway that will not negatively impact the existing graveyard at Macedonia Church. Said improvement shall be completed prior to issuance of the 50 building permit (See 1 on GDP) 12.5 Direct access to individual lots from the portion of Macedonia Church Road designated as a major collector shall be prohibited. 12.6 Access to commercial portions of the Property shall be provided via the future roadway connecting the commercial and residential portions of the property as indicated on the GDP. Said connection between residential and commercial portions of the Property shall be made prior to occupancy of any building constructed on the portion of the Property zoned B2. Commercial entrances on Tasker Road shall be prohibited. Page 5 of 7 NOT CURRENT Tasker Woods Proffer Statement 12.7 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 intersection of Marcel Drive and the proposed entrance on Tasker Road. In addition, the Applicant shall be responsible through said agreement, for the installation of a Southbound left turn lane on the proposed internal collector road as well as a westbound right turn lane on Tasker Road at the subject intersection. If or when, in the opinion of VDOT, a traffic signal and /or the turn lanes are required, the Applicant shall provide funds including any necessary bond to construct improvements at said intersection. 12.8 The Applicant shall dedicate 27 feet of right of way from the center line of the portion of Macedonia Church Road not identified as a major collector prior to issuance of the 50 building permit. 13. HISTORIC MARKER 13.1 The Applicant shall install a historic marker in collaboration with Macedonia Church that notes the historical significance of Macedonia Church. 14. COMMERCIAL DESIGN STANDARDS 14.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. The principal facade in addition to any facade fronting Tasker Road of all commercial buildings sh,ll 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. 15. COMMERCIAL SIGNAGE 15.1 Freestanding commercial signage along Tasker Road shall be limited to a single monument style sign at the proposed internal collector road entrance at Tasker Road Maximum height for all signs located on the Property shall be 20 feet. 15.2 Pylon style signs shall be prohibited on the Property. 16. STREET TREES 16.1 The Applicant shall locate street trees along the road frontage of both Tasker Road and the proposed internal minor collector road within the commercial land bay of the Property to enhance the visual characteristics of both corridors. Said street trees shall be planted a maximum of 40' apart. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Talker Woods By: Title. Respectfully submitte�. 4en, LLB Ii L S it/It4Ofte- 1 MA V STA'IL OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrum• t was acknowledged before me this 8 day of. UCIAN± ,2006, by 1 .EQ. T (Th e My commission expires Notary Public Page 7 of 7 NOT CURRENT Proffer Statement Tacker Woods REZONING: PROPERTY: RECORD OWNER APPLICANT: PROJECT' NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE (S): PROPOSED PROFFER STATEMENT •O CU dItE 'r RZ. RA (Rural Areas) to RP (Residential Performance) 60.281 acres and B2 (General Business) 18.897 acres 79.178 Acres Tax Map Parcels 76 -A 48A, 76 -A 49 (the "Property') Allden, LLC Allden, LLC Tasker Woods March 15, 2006 June 12, 2006 July 5, 2006 July 21, 2006 August 11, 2006 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP /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, Tasker Woods" dated January 15, 2006 revised August 1, 2006 (the "GDP and shall include the following. Page 1 of 7 Proffer Statement LAND USE: NOT CURRENT Tasker IVoodr Proffer Statement 1.1 Residential development on the Property shall not exceed 319 units. The mixture of single family detached and attached units shall be designated at the time of Master Development Plan and shall not generate more than 2,931 average dailytrips (ADT). 1.2 The project shall be developed pursuant to an annualized phasing plan. Building permits for no more than 90 dwelling units shall be issued within any calendar year. 1.3 Commercial development on the B2 zoned portion of the Property shall not exceed 179,000 square feet. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, this Tasker Woods Proffer Statement, and in substantial conformity with the GDP as approved by the Board. 3. FIRE &RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $720.00 per single family, detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each detached unit. 3.2 The Applicant shall contribute to the Board the sum of $528.00 per single family, attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $19,189.00 per single family, detached dwelling unit for school purposes, payable upon the issuance of a building permit for each detached unit. 4.2 The Applicant shall contribute to the Board the sum of $14,618.00 per single family, attached dwelling unit for school purposes, payable upon the issuance of a building permit for each attached unit. 5. PARKS OPEN SPACE: 5.1 The Applicant shall contribute to the Board the sum of $2,136.00 per single family, detached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each detached unit. Page 2 of 7 NOT CURRENT 6. LIBRARIES: Tacker IY/oar Pmffer Statement 5.2 The Applicant shall contribute to the Board the sum of $1,634.00 per single family, attached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each attached unit. 5.3 The Applicant shall construct a community center, including a 2,400 square foot pool and full basketball court, in the location depicted on the GDP. Other recreational improvements shall include a minimum of two tot lots, a picnic shelter, and a ten foot public pedestrian bicycle trail in the locations depicted on the GDP. Said improvements shall count towards the recreational unit requirement for the proposed development. 6.1 The Applicant shall contribute to the Board the sum of $267.00 per single family, detached dwelling unit for library purposes, payable upon the issuance of a building permit for each detached unit. 6.2 The Applicant shall contribute to the Board the sum of $204.00 per single family, attached dwelling unit for library purposes, payable upon the issuance of a building permit for each attached unit. 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the Board the sum of $658.00 per single family, detached dwelling unit for public safety purposes upon issuance of a building permit for each detached unit. 7.2 The Applicant shall contribute to the Board the sum of $503.00 per single family, attached dwelling unit for public safety purposes upon issuance of a building permit for each attached unit. 8. GENERAL GOVERNMENT: 8.1 The Applicant shall contribute to the Board the sum of $320.00 per single family, detached dwelling unit for general governmental purposes upon issuance of a building permit for each detached unit. 8.2 The Applicant shall contribute to the Board the sum of $245.00 per single family, attached dwelling unit for general governmental purposes upon issuance of a building permit for each attached unit. 9. CREATION OF HOME OWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 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 Page 3 of 7 "Parker Woods 10. WATER SEWER: 11. ENVIRONMENT: Page 4 of 7 NOT CURRENT Proffer Statement 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. 9.2 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 not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs 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, (v) responsibility for payment for maintenance of streetlights and (vi) maintenance of BMP's and stormwater conveyance channels. 9.2 The Applicant shall establish a start -up fund for the Tasker Woods HOA that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 for each platted lot within the Tasker Woods community of which the assessment for each platted lot is to be collected at the time of initial transfer of title and to be directed to the Tasker Woods HOA fund. Language will be incorporated into the Tasker Woods HOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the Applicant to the Tasker Woods HOA. The start up funds for the Tasker Woods HOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and /or legal fees. 10.1 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 and the Frederick Winchester Service Authority. 11.1 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. Tasker tVoods Pmffer Statement 12. TRANSPORTATION: Page 5 of 7 NOT CURRENT 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Tasker Woods," prepared by Patton Harris Rust Associated, dated Februray 2, 2006 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall install or bond a traffic signal at the intersection of Route 522 and Macedonia Church Road prior to issuance of the 50 building permit unless otherwise directed by Frederick County and /or VDOT. 12.3 The Applicant shall contribute to the Board the sum of $1000 per single family, detached dwelling and $500 per single family, attached dwelling for transportation improvements to the Tasker Road corridor. 12.4 The Applicant shall realign Macedonia Church Road as indicated on the GDP and in accordance with the TIA to extend the current improved section of White Oak Road to Front Royal Pike. Realignment of said roadway shall include the construction of a major collector roadway from the terminus of White Oak Road at Macedonia Church Road to Front Royal Pike. Construction of this improvement shall include the construction of an iron fence along the frontage of the Macedonia Church property and consolidation of the current church entrances into a single access point. The Applicant shall dedicate right of way necessary to achieve an 80 foot right of way to allow full implementation of a major collector roadway that will not negatively impact the existing graveyard at Macedonia Church. Said improvement shall be completed prior to issuance of the 50` building permit (See 1 on GDP) 12.5 Direct access to individual lots from the portion of Macedonia Church Road designated as a major collector shall be prohibited. 12.6 Access to commercial portions of the Property shall be provided via the future roadway connecting the commercial and residential portions of the property as indicated on the GDP. Said connection between residential and commercial portions of the Property shall be made prior to occupancy of any building constructed on the portion of the Property zoned B2. Commercial entrances on Tasker Road shall be prohibited. 12.7 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 intersection of Marcel Drive and the proposed entrance on Tasker Road. In addition, the Applicant shall be responsible through said agreement, for the installation of a Southbound left tum lane on the proposed internal collector road as well as a westbound right turn lane on Tasker Road at the subject intersection. If or when, in the 13. HISTORIC MARKER 14. COMMERCIAL DESIGN STANDARDS NOT CURRENT Tasker Woods Proffer Statement opinion of VDOT, a traffic signal and /or the turn lanes are required, the Applicant shall provide funds including any necessary bond to construct improvements at said intersection. 12.8 The Applicant shall dedicate 10 feet of additional right of way along the portion of Macedonia Church Road not identified as a major collector prior to issuance of the 50 building permit. 13.1 The Applicant shall install a historic marker in collaboration with Macedonia Church that notes the historical significance of Macedonia Church. 14.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. The principal facade in addition to any facade fronting Tasker 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. 15. COMMERCIAL SIGNAGE 15.1 Freestanding commercial signage along Tasker Road shall be limited to a single monument style sign at the proposed internal collector road entrance at Tasker Road Maximum height for all signs located on the Property shall be 20 feet. 15.2 Pylon style signs shall be prohibited on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Tacker Woods Respectfully submitte By Title: STAlF OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Page 7 of 7 NOT CURRENT Proffer Statement ,,,,utt,, pe The foregoing instrument .s acknowled;ed,before me this 1 da�`�G?A13T,,Nq��i, of U(yI," 1- 2006, by 9! V' C R ..SimONil%•• s S� My commission pires 3O- j L Notary Public R sir tot).4 'k 2 1 .3, t 7,''qqy Pug ni, u Itt`' tt ttttneurr, r SO (11160 I v )1 l REZONE, R'A`T® B2 1 (18297 Acr'es) P_ROPOSED USE. r +COMMERCIAL o N 0 TASKER WOODS GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, VIRGINIA Patton, Harris, Rust Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 COMMUNITY CENTER POCKET PARK (3 Ac) 11/y1 O q Ji 0 F72:1 ICT5'—'—:.11",), a 19 i f i I pSF DETACHED 44 )p 1 ki (SMALL Lon \l``l E A PROPOS i SF DETACHED/ 6HALL LE/T) 1 IAA T1] --RR r28),.; ICRES�>- j 0 f SF ATTACHED SEr „S DETACHED SMMAL� SF ATTACFED !(TOWHHOMES) Tasker Woods REZONING: PROPOSED PROFFER STATEMENT RZ. 09.06: RA (Rural Areas) to RP (Residential Performance) 58.08 acres and B2 (General Business) 18.89 acres Page 1 of 7 i_ P! ffer 5 JLeQ 1 2006 L PROPERTY: 76.97 Acres Tax Map Parcels 76 -A 48A, 76-A-49 (the "Property") RECORD OWNER Allden, LLC APPLICANT: Allden, LLC NOT CURRENT PROJECT NAME Tasker Woods ORIGINAL DA E OF PROFFERS: March 15, 2006 REVISION DATE (S): June 12, 2006 July 5, 2006 July 21, 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 /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, Tasker Woods" dated January 15, 2006 revised June 1, 2006 (the "GDP and shall include the following: Tacker Woods Proffer Statement 1. LAND USE: NOT CURRENT 1.1 Residential development on the Property shall not exceed 319 units. The mixture of single family detached and attached units shall be designated at the time of Master Development Plan and shall not generate more than 2,931 average daily trips (ADT). 1.2 The project shall be developed pursuant to an annualized phasing plan. Certificates of occupancy for no more than 90 dwelling units shall be issued within any calendar year. 1.3 Commercial development on the B2 zoned portion of the Property shall not exceed 179,000 square feet. 2. CONDITIONS PRECFDENT 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, and design standards, this Tasker Woods Proffer Statement, and in substantial conformity with the GDP as approved by the Board. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $720.00 per single family, detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each detached unit. 32 The Applicant shall contribute to the Board the sum of $528.00 per single family, attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $19,189.00 per single family, detached dwelling unit for school purposes, payable upon the issuance of a building permit for each detached unit. 4.2 The Applicant shall contribute to the Board the sum of $14,618.00 per single family, attached dwelling unit for school purposes, payable upon the issuance of a building permit for each attached unit. 5. PARKS OPEN SPACE: 5.1 The Applicant shall contribute to the Board the sum of $2,136.00 per single family, detached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each detached unit. Page 2 of 7 6. LIBRARIES: NOT CURRENT Tacker IGoodr Proffer Statement 5.2 The Applicant shall contribute to the Board the sum of $1,634.00 per single family, attached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each attached unit. 5.3 The Applicant shall construct a community center, including a 2,400 square foot pool and full basketball court, in the location depicted on the GDP. Other recreational improvements shall include a minimum of two tot lots, a picnic shelter, and a ten foot public pedestrian bicycle trail in the locations depicted on the GDP. Said improvements shall count towards the recreational unit requirement for the proposed development. 6.1 The Applicant shall contribute to the Board the sum of $267.00 per single family, detached dwelling unit for library purposes, payable upon the issuance of a building permit for each detached unit. 6.2 The Applicant shall contribute to the Board the sum of $204.00 per single family, attached dwelling unit for library purposes, payable upon the issuance of a building permit for each attached unit. 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the Board the sum of $658.00 per single family, detached dwelling unit for public safety purposes upon issuance of a building permit for each detached unit. 7.2 The Applicant shall contribute to the Board the sum of $503.00 per single family, attached dwelling unit for public safety purposes upon issuance of a building permit for each attached unit. 8. GENERAL GOVERNMENT: 8.1 The Applicant shall contribute to the Board the sum of $320.00 per single family, detached dwelling unit for general governmental purposes upon issuance of a building permit for each detached unit. 8.2 The Applicant shall contribute to the Board the sum of $245.00 per single family, attached dwelling unit for general governmental purposes upon issuance of a building permit for each attached unit 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 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 Page 3 of 7 10. WA1 SEWER: 11. ENVIRONMENT: 12. TRANSPORTATION: NOT CURRENT Page 4 of 7 Tacker Woodr Proffer Statement 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. 9.2 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 not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs 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, (v) responsibility for payment for maintenance of streetlights and (vi) maintenance of BMP's and stormwater conveyance channels. 10.1 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 and the Frederick Winchester Service Authority. 11.1 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 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Tasker Woods," prepared by Patton Harris Rust Associated, dated Februray 2, 2006 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall install or bond a traffic signal at the intersection of Route 522 and Macedonia Church Road prior to occupancy of the 50` dwelling unit unless otherwise directed by Frederick County and /or VDOT. 12.3 The Applicant shall contribute to the Board the sum of $1000 per single family, detached dwelling and $500 per single family, attached dwelling for transportation improvements to the Tasker Road corridor. 13. HISTORIC MARKER NOT CURRENT Tacker Woods Prayer Statement 12.4 The Applicant shall realign White Oak Road as indicated on the GDP and in accordance with the TIA to facilitate a safer traffic movement. Realignment of said roadway shall include the construction of a major collector roadway from Macedonia Church Road to Route 522. Construction of this improvement shall include the construction of an iron fence along the frontage of the Macedonia Church property and consolidation of the current church entrances into a single access point. The Applicant shall dedicate right of way necessary to achieve an 80 foot right of way to allow full implementation of a major collector roadway to connect the existing terminus of White Oak Road at Macedonia Church Road with Route 522 that will not negatively impact the existing graveyard at Macedonia Church. (See 1 on GDP) 12.5 Direct access to individual lots from the portion of Macedonia Church Road designated as a major collector shall be prohibited. 12.6 Access to commercial portions of the Property shall be provided via the future roadway connecting the commercial and residential portions of the property as indicated on the GDP. Said connection between residential and commercial portions of the Property shall be made prior to occupancy of any building constructed on the portion of the Property zoned B2. Commercial entrances on Tasker Road shall be prohibited. 12.7 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 intersection of Marcel Drive and the proposed entrance on Tasker Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall provide funds including any necessary bond to construct a traffic signal at said intersection. 13.1 The Applicant shall install a historic marker in collaboration with Macedonia Church that notes the historical significance of Macedonia Church. 14. COMMERCIAL DESIGN STANDARDS 14.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. The principal facade in addition to any facade fronting Tasker 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. Page 5 of 7 15. COMMERCIAL STGNAGE 15.2 Pylon style signs shall be prohibited on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 NOT CURRENT Luker Woods Proffer Statement 15.1 Freestanding commercial signage along Tasker Road shall be limited to a single monument style sign at the single proposed entrance on Tasker Road. Maximum height for all signs located on the Property shall be 20 feet. Tasker Woods Respectfully sub By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument w as acknowledged before me this' 1 day t_n Lai1 of U 2006, by Notary Public My commission -x es 9 -.3 -°co OP i VO;ti :'Z Qt -m- ',j' 9 G/MA et I Page 7 of 7 NOT CURRENT ProfrStatement COMMUNITY CENTER POCKET PARK (3 Ac) RELZCINE, RA T❑ RP i/ `58:08'; A ES r PRQPQSED' US6 SF D CLUSTER;` SMAL�. LOT 6 SF AJTACHED 7 SF ASTACH v- 1(TOWNHOME 1 'REZONE, RA To -}B2 �"1 "1 &,89� PROPOSED USES C OMMERCIAL 1 NOT CURRENT j i a TASKER WOODS GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, V /RG /N14 Patton, Harris, Rust Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 January 2006 Tasker Woods PROPOSED PROFFER STATEMENT