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HomeMy WebLinkAbout12-06 Proffer StatementAMENDMENT Action: PLANNING COMMISSION: May 16, 2007 Recommended Denial August 15, 2007 Recommended Approval BOARD OF SUPERVISORS: August 22, 2007 La APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #12 -06 OF CARRIAGE PARK WHEREAS, Rezoning #12 of Carriage Park, submitted by Patton Harris Rust Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single family attached townhouses was heard. The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55 -A -161, 55- A -165A, 55 -A -166. 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, and 55- A -174D. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 16, 2007, and again on August 15, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 22, 2007; 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 rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MHI (Mobile Home Community) District to RP District, totaling 45.44 acres, for up to 240 single family attached townhouses, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owners. PDRcs #34 -07 This ordinance shall be in effect on the date of adoption. Passed this 22nd day of August, 2007 by the following recorded vote: Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux PDRes. #34 -07 Nay Aye Aye Aye Barbara E. Van Osten Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST Jo Riley, Jr. Fredrick County Administrator Aye Aye Aye Carriage Park Proffer Statement REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): PROPOSED PROFFER STATEMENT RZ. a-04 RA (Rural Areas) and MH1 (Mobile Horne Community) to RP (Residential Performance) 45.44 Acres Tax Map Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, 55- A -174D (the "Property Carnage Place, LLC Carriage Place, LLC Carriage Park January 25, 2006 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 5/14/07; 6/29/07; 7/17/07; 7/25/07; 7/30/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "fmal rezoning" deemed as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County decision granting the rezoning may be contested in the appropriate court. If the County'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 County 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, Carriage Park" dated January 5, 2006, as revised on June 29, 2007 (the "GDP Page 1 of 7 Carriage Park Proffer Statement LAND USE: 1.1 Residential development on the Property shall be limited to single family attached dwelling units and shall not exceed a maximum of 240 dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DER"). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $583.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 7 Carriage Park Proffer Statement 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family attached unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "I -IOA 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 arca 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, Cu) common buffer areas located outside of residential Lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (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 I -IOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start -up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CP1IOr1 prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start-up funds for the CPHOA 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. Page 3 of 7 Carriage Park Proffer Statement 10. WATER SEWER: 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. 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. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed by Applicant consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust Associates, dated September 8, 2006 including addendum dated July 25, 2007 (the "TIA 12.2 Access to the property shall be provided via a single entrance on Valley Mill Road in the location depicted on the GDP. Said entrance shall include improvements to the existing section of Valley Mill Road from the Route 7 intersection to the project entrance on Valley Mill Road as directed by VDOT. (See 1 on GDP) 12.3 The Applicant shall construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 50` building permit or within 180 days of receiving written notice from VDOT after issuance of the 1s building permit. The Applicant shall design and construct extended turn lanes on eastbound and /or westbound Route 7 at the signalized entrance, if directed by VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Home Park in the general location depicted on the GDP. Said connection shall be constructed prior to issuance of the 100` building permit. (See 3 on GDP) 12.5 The Applicant shall reserve the portion of the Property as depicted on the GDP for any future transportation improvements deemed needed by VDOT. Said reserved area shall be shown on the recorded deed of dedication to indicate that this area shall be available at no cost to Frederick County and /or VDOT should future transportation itprovements be needed on this portion of the Property. The Applicant agrees to dedicate and convey to VDOT or the County such area in the reserved area as may be requested by VDOT or the County, within 30 days of the written request Page 4 of 7 Carriage Park Proffer Statement 12.6 The Applicant shall reserve die portion of the Property as depicted on the GDP for a future interpacel connection. Said reserved area shall be shown on the recorded deed of dedication to indicate that this area shall be available at no cost to Frederick County and /or VDOT. The Applicant agrees to dedicate and convey to VDOT or the County such area in the reserved area as may be requested by VDOT or the County, within 30 days of the written request from VDOT or the County. The identified reserved area shall be permitted to count towards the required open space for the Property. (See 4 on GDP) 12.7 The Applicant shall construct a two lane public roadway to VDOT standards on a 60 foot right of way in the location depicted on the GDP. Direct lot access to said roadway shall be prohibited. 12.8 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 per dwelling unit for transportation improvements in the general vicinity of the development, payable upon the issuance of a building permit for each unit. 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved south of VA Route 7 to the east of Abrams Creek. The Applicant shall preserve a natural vegetation buffer extending from VA Route 7 to 35 feet south of Ash Hollow Run west of Abrams Creek as shown on thc GDP. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. Additionally, clearing within said preserve areas shall be permitted if directed by VDOT to provide adequate site distance. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to thc County for purposes associated with security fencing at historic Star Fort prior to issuance of the 25`'' building perrnit. 14. BUFFER from VDOT or the County. The identified reserved area shall be permitted to count towards the required open space for the Property. 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting within a 15 foot landscape casement in the location depicted on the GDP to minimize vicwshed impacts to the adjacent property to the South. In areas where disturbance is avoided, the buffer shall be provided as a 15 foot "no cut" easement, thus prohibiting any disturbance, with no additional plantings required. Page 5 of 7 Carr Park Proffir Statement 15. BINDING EFFECT 15.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 16. ESCALATOR CLAUSE 16.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPI -U published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Carriage Park Respectf By: Title: 015aM1 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: ,tttOtit t SIN ej' The foregoing instrument was acknowledged before me this) V day I j p$ Y of (l �k 2007, by Qonvvr b. Qw,n nnQ Uc� Z A \v im L x/l expires U ;.tt/c: y Notary Public My commission I t 4{,(.x(1.(/11 /Y) P Page 7 of 7 Proffer Statement '/A.5 .16�Acres r \1 EXS'ZONING MHE PROPOSEkZONING :-RP l I f /IIlillfI( =_.30.26 /Ac'reW Nil EX ZONING: RA PROPQSEPZOMNQ Patton, Harris, Rust Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 CARRIAGE PARK GENERLIZED DEVELOPMENT PLAN FREDERICK COUNTY, NRG /NN Carriage Park Proffer S1&ement REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): PROPOSED PROFFER STATEMENT RZ. RA (Rural Areas) and 1\/1H1 (Mobile Home Community) to RP (Residential Performance) 45.44 Acres Tax Map Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, 55- A -174D (the "Property Carriage Place, LLC Carriage Place, LLC Carriage Park January 25, 2006 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 5/14/07; 6/29/07; 7/17/07 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County decision granting the rezoning may be contested in the appropriate court. If the County'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 County 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, Carriage Park" dated January 5, 2006, as revised on June 29, 2007 (the "GDP Page 1 of 7 Carnage Park Proffer Statement 1. LAND USE: 1.1 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning "DFR The Applicant shall not make application for more than 75 building permits in any 12 month period. 2 7 3. FIRE RESCUE: 4. SCHOOLS: 5. PARKS RECREATION: 6. LIBRARIES: Residential development on the Property shall be limited to single family attached dwelling units and shall not exceed a maximum of 240 dwelling units. 3.1 The Applicant shall contribute to the County of Frederick the sum of $583.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4.1 The Applicant shall contribute to the County of Frederick the sum of $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 7 Carriage Park Proffer Statement 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family 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 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, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of anv 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. 9.3 The Applicants hereby proffer to establish a start -up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start -up funds for the CPHOA 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. Page 3 of 7 Carnage Park Proffer Statement 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. 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: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust Associates, dated September 8, 2006 (the "TIA Access to the property shall be provided via a single entrance on Valley Mill Road in the location depicted on the GDP. Said entrance shall include improvements to the existing section of Valley Mill Road from the Route 7 intersection to the project entrance on Valley Mill Road as directed by VDOT. (See 1 on GDP) 12.3 The Applicant shall construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 50t building permit or within 180 days of receiving written notice from VDOT after issuance of the 1" building permit. Construction of said signalized intersection shall include extended turn lanes on east bound and west bound Route 7 if directed by VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Horne Park in the general location depicted on the GDP. Said connection shalt be constructed prior to issuance of the 100t building permit. (See 3 on GDP) 12.5 The Applicant shall reserve the portion of the Property as depicted on the GDP for any future transportation improvement deemed necessary by VDOT. Said reserve area shall be recorded on the Deed of Dedication to ensure that this area shall be available at no cost to Frederick County and /or VDOT should future transportation improvements necessitate the use of this portion of the Property. The identified reserve area shall be permitted to count towards the required open space for the Property. 12 .2 Page 4 of Carriage Park Proffer Statement 12.6 The Applicant shall provide a reserve area to provide for future interparcel connection in the location depicted on the GDP. (See 4 on GDP) 12.7 The Applicant shall construct a two lane public roadway to VDOT standards on a 60 foot right of way in the location depicted on the GDP. Direct lot access to said roadway shall be prohibited. 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved south of VA Route 7 to the east of Abrams Creek. The Applicant shall preserve a natural vegetation buffer extending from VA Route 7 to 35 feet south of Ash Hollow Run west of Abrams Creek as shown on the GDP. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. Additionally, clearing within said preserve areas shall be permitted if directed by VDOT to provide adequate site distance. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort prior to issuance of the 25t building permit. 14. BUFFER 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting within a 15 foot landscape easement in the location depicted on the GDP to minimize viewshed impacts to the adjacent property to the South. In areas where disturbance is avoided, the buffer shall be provided as a 15 foot "no cut" easement, thus prohibiting any disturbance, with no additional plantings required. 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. Page 5 of 7 Carriage Park Proffer Statement 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (`CPT -U published by the United States Department of Labor, such that at the rime the contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Carriage Park Projer Statement Respectfully submitted, By: Title: Carriage Place, LLC STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -quit: The foregoing instrument was acknowledged before me this day of 2007, by My commission expires Notary Public Page 7 of 7 r Carnage Park Projfer Statement REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): PROPOSED PROFFER STATEMENT RZ. RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) 45.44 Acres Tax Map Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, 55- A -174D (the "Property Carriage Place, LLC Carriage Place, LLC Carriage Park January 25, 2006 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 5/14/07; 6/29/07; 7/17/07 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County decision granting the rezoning may be contested in the appropriate court. If the County'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 County 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, Carriage Park" dated January 5, 2006, as revised on June 29, 2007 (the "GDP Page 1 of 7 Carnage Park Proffer Statement 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of S513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family 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 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, including the use of a private refuse collection service to collect the solid waste generated by the residents, (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. 9.3 The Applicants hereby proffer to establish a start -up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of S2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start -up funds for the CPHOA 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. Page 3 of 7 1.1 1. LAND USE: Carnage Park Proffer Statement Residential development on the Property shall be limited to single family attached dwelling units and shall not exceed a maximum of 240 dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DER"). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $583.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 7 Carriage Park Proffer Statement 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. 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: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust Associates, dated September 8, 2006 (the "'ILA 12.2 Access to the property shall be provided via a single entrance on Valley Mill Road in the location depicted on the GDP. Said entrance shall include improvements to the existing section of Valley Mill Road from the Route 7 intersection to the project entrance on Valley Mill Road as directed by VDOT. (See 1 on GDP) 12.3 The Applicant shall construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 50` building permit or within 180 days of receiving written notice from VDOT after issuance of the 1" building permit. Construction of said signalized intersection shall include extended turn lanes on east bound and west bound Route 7 if directed by VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Home Park in the general location depicted on the GDP. Said connection shall be constructed prior to issuance of the 100` building permit. (See 3 on GDP) 12.5 The Applicant shall reserve the portion of the Property as depicted on the GDP for any future transportation improvement deemed necessary by VDOT. Said reserve area shall be recorded on the Deed of Dedication to ensure that this area shall be available at no cost to Frederick County and /or VDOT should future transportation improvements necessitate the use of this portion of the Property. The identified reserve area shall be permitted to count towards the required open space for the Property. Page 4 of 7 14. BUFFER Carriage Park Proffer Statement 12.6 The Applicant shall provide a reserve area to provide for future interparcel connection in the location depicted on the GDP. (See 4 on GDP) 12.7 The Applicant shall construct a two lane public roadway to VDOT standards on a 60 foot right of way in the location depicted on the GDP. Direct lot access to said roadway shall be prohibited. 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved south of VA Route 7 to the east of Abrams Creek. The Applicant shall preserve a natural vegetation buffer extending from VA Route 7 to 35 feet south of Ash Hollow Run west of Abrams Creek as shown on the GDP. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. Additionally, clearing within said preserve areas shall be permitted if directed by VDOT to provide adequate site distance. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort prior to issuance of the 25` building permit. 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting within a 15 foot landscape easement in the location depicted on the GDP to minimize viewshed impacts to the adjacent property to the South. In areas where disturbance is avoided, the buffer shall be provided as a 15 foot "no cut" easement, thus prohibiting any disturbance, with no additional plantings required. 15. SEVERABILITY 15.1 16. BINDING EFFECT In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. Page 5 of 7 Carriage Park Proffer Statement 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPI -U published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recendy available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Carnage Park By: Respectfully subm Title: A STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit The foregoing instrument was acknowledged before me this O day of �lt�U ,2007,by OP (IYP_( E. OA li -w (h1 �G�P�STINq�'S 30 -I Notary Public C 1 J /j.4.AC`} My commission expires Page 7 of 7 Proffer Statement Carriage Park Proffer Statement REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME. ORIGINAL DATE OF PROFFERS: REVISION DATE(S): PROPOSED PROFFER STATEMENT RZ. /g'+% RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) 45.44 Acres Tax Map Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, 55- A -174D (the "Property Carriage Place, LLC Carriage Place, LLC Carriage Park January 25, 2006 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 5/14/07; 6/29/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon fmal 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 Supervisors (the "County decision granting the rezoning may be contested in the appropriate court. If the County'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 County 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, Carriage Park" dated January 5, 2006, as revised on June 29, 2007 (the "GDP Page 1 of 7 Carriage Park Proffer Statement 1. LAND USE: Residential development on the Property shall be limited to single family attached dwelling units and shall not exceed a maximum of 240 dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning "DFR The Applicant shall not make application for more than 75 building permits in any 12 month period. FIRE RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $583.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 7 Carriage Park Proffer Statement 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building pennit for each single family attached unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "1 -IOA 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; (in) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (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. 9.3 The Applicants hereby proffer to establish a start -up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start -up funds for the CPHOA 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. Page 3 of 7 10. WATER SEWER: 11. ENVIRONMENT: 12. TRANSPORTATION: Carriage Park Proffer Statement 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. 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust Associates, dated September 8, 2006 (the `°TIA 12.2 Access to the property shall be provided via a single entrance on Valley Mill Road in the location depicted on the GDP. Said entrance shall include improvements to the existing section of Valley Mill Road from the Route 7 intersection to the project entrance on Valley Mill Road as directed by VDOT. (See 1 on GDP) 12.3 The Applicant shall construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 50 building permit. Construction of said signalized intersection shall include extended turn lanes on east bound and west bound Route 7 if directed by VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Horne Park in the general location depicted on the GDP. Said connection shall be constructed prior to issuance of the 100 building permit. (See 3 on GDP) 12.5 The Applicant shall reserve the portion of the Property as depicted on the GDP for any future transportation improvement deemed necessary by VDOT. Said reserve area shall be recorded on the Deed of Dedication to ensure that this area shall be available at no cost to Frederick County and /or VDOT should future transportation improvements necessitate the use of this portion of the Property. The identified reserve area shall be permitted to count towards the required open space for the Property. 12.6 The Applicant shall provide a reserve area to provide for future interparcel connection in the location depicted on the GDP. (See 4 on GDP) Page 4 of 7 14. BUFFER Carriage Park ProfJeer Statement 12.7 The Applicant shall construct a two lane public roadway to VDOT standards on a 60 foot right of way in the location depicted on the GDP. Direct lot access to said roadway shall be prohibited. 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved south of VA Route 7 to the east of Abrams Creek. The Applicant shall preserve a natural vegetation buffer extending from VA Route 7 to 35 feet south of Ash Hollow Run west of Abrams Creek as shown on the GDP. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. Additionally, clearing within said preserve areas shall be permitted if directed by VDOT to provide adequate site distance. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort prior to issuance of the 25` building permit. 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting within a 15 foot landscape easement in the location depicted on the GDP to minimize viewshed impacts to the adjacent property to the South. In areas where disturbance is avoided, the buffer shall be provided as a 15 foot "no cut" easement, thus prohibiting any disturbance, with no additional plantings required. 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. Page 5 of 7 Carriage Park Proffer Statement 17. ESCALATOR CLAUSE 1 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (`CPI -U published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Carriage Park P>rf rStateraent Respectfully submitted By: C Tide: PAS STATE OF VIRGINIA, AT LARGE FREDERICK COTJNTY, To -wit: The foregoing instrument was acknowlledged before me this of c)i,t,FAO ,2007, by ;Jn E. ULLtn Notary Public My comniisi on expir J&#tun,H 31, 2008 X8735 Page 7 of 7 tilday 15:.18`AcEi. EX. \ZONING:-- MH1� PROPOSED; ZONING:.. RP SINGLE ATTACHED HOUSING V'(MAXIMU,�24O�UNITS)� GENERL /ZED DEVELOPMENT PLAN 15' LANDSCAPED/DUFFER I l _.30.26 /Acresj /lf;11( EX. Z0NINGi` PROPOSED/ZONING! RP FREDERICK COUNTY, 14RC /N/A Patton, Harris, Rust Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 REZONING: PROPERTY: Carriage Park Proffer Statement RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): PROPOSED PROFFER STATEMENT RZ. #L2 -06 RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) 45.44 Acres Tax Map Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, 55- A -174D (the "Property Carriage Place, LLC Carriage Place, LLC Carriage Park January 25, 2006 Page 1 of 7 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 5/14/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant (`Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County decision granting the rezoning may be contested in the appropriate court. If the County'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 County 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, Carriage Park" dated January 5, 2006, as revised on May 14, 2007 (the "GDP 1 LAND USE: Carnage Park Proffer Statement 1.1 Residential development on the Property shall be limited to single family attached dwelling units. 1.2 'The fast 150 lots made available for building permits shall be generally as shown on the GDP. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DER"). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $583.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS RECREATION: 5.1 The Applicant shall contr ibute to the County of Frederick the sum of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. 7. PUBLIC SAFETY: Page 2 of 7 Carriage Park Proffer Statement 7.1 The Applicant shall contribute to the County of Frederick the sum of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family 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 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, including the use of a private refuse collection service to collect the solid waste generated by the residents, (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. 9.3 The Applicants hereby proffer to establish a start -up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start -up funds for the CPHOA 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. Page 3 of 7 Camage Park Proffer Statement 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. 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: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust Associates, dated September 8, 2006 (the "TIA including addendum dated February 23, 2007. 12.2 The Applicant shall construct a two lane rural undivided (R2) collector roadway with additional turn lanes where appropriate on a minimum 60 foot right of way from the Project entrance on Route 7, including any necessary turn lanes on Route 7, to the Southern Property boundary as shown on the GDP prior to issuance of the 125 building permit. Furthermore, the Applicant shall design an improved section of Valley Mill Road from the terminus of the proposed collector road at the Southern Property line to the existing intersection of Channing Drive and existing Valley Mill Road. (See 1 on GDP) 12.3 The Applicant shall close the existing crossover on Route 7 at Valley Mill Road within 180 days of receiving written notice from Frederick County and /or VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Horne Park in the general location depicted on the GDP. (See 3 on GDP) 12.5 The Applicant shall reserve all portions of the Property located East of the proposed relocated Valley Mill Road as depicted on the GDP for any future transportation improvement deemed necessary by VDOT. Said reserve area shall be recorded on the Deed of Dedication to ensure that this area shall be available at no cost to Frederick County and /or VDOT should future transportation improvements necessitate the use of this portion of the Property. The identified reserve area may be included as part of the required open space for the Property. (See 4 on GDP) Page 4 of 7 Carnage Park Proffer Statement 12.6 The Applicant shall diligently pursue agreement with off site property owners after rezoning The Applicant shall file for MDP approval within 3 months of rezoning approval by the Board and shall file for Final Construction Drawing approval for the collector road from Rte 7 to Valley Mill Road within 6 months of final rezoning by the Board. In the event that the right of way is made available for the offsite road extension prior to the application for the first building permit in the development, the Applicant shall, prior to the building permit, Bond with the County for the completion of construction of that road segment, based on costs estimated from the final drawings. Construction of the road from Route 7 to Valley Mill Road shall be complete prior to issuance of the 151st building permit. 12.7 In the event Right of Way for the offsite road segment is not available at the time of the First building permit, the Applicant shall place the amount of $3,000.00 per dwelling unit, payable upon issuance of each building permit, in an escrow account for right of way acquisition and the construction of the extension of the proposed collector road from the proposed terminus at the Southern Property boundary to existing Valley Mill Road as depicted on the GDP. In the event that the right of way is made available for said road extension prior to issuance of the 150`' building permit, the Applicant shall construct the proposed collector road from Route 7 to connect with existing Valley Mill Road prior to issuance of the 151' building permit and contributions to the escrow account shall cease and all payments made to the escrow account shall be reimbursed to the Applicant. 12.8 In the event that off site right of way is not made available prior to issuance of the 151st building permit, the contributions to the escrow account shall go to the County's general transportation fund and all future per unit transportation contributions shall be made to the County's transportation fund and the Applicant shall not be responsible for construction of the offsite collector roadway South of the Property Boundary. 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and any future residential lots located on the Property. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort. 14. BUFFER 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting in the location depicted on the GDP within 90 days of the offsite road right of way being provided by the property owner.. (Sec 6 on GDP) Page 5 of 7 Carriage Park Proffer Statement 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPI -U published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. 18. ROAD ABANDONMENT 18.1 At such time that Valley Mill Road is relocated through the Property to provide a connection with Route 7, the County may apply for abandonment of the portion of existing Valley Mill Road between the eastern edge of the existing one lane bridge at Abrams Creek and the relocated portion of Valley Mil Road. Abandonment of this right of way will provide for a safer traffic movement while eliminating the need to expand the existing one lane bridge at Abrams Creek. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Car Park Proffer Statement Respectfu y submitte ge P By: Title: (d4Lc2— 0,,Jrt STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrumen of err 2007, by Notary Public My commission expires J l as acknowled• ed before me this day Page 7 of 7 ABRAus PORTION 012A XISTING VALLEY MILLi'ROAD i TO +BE €ABANDONED >(P, 1 A c res i ONING, MHi D?ZONING:'RP. ■..30.5230 s:_EX ZONING 1 i'RA PROPOSED. ZONING; A RP ETA TION 'BUFFER T;A RESER.VEO FOR ON- IMPROVEMENTS Q CARRIAGE PARK GENERL IZED DEVELOPMENT PLAN FREDERICK COUNTY, VIRGINIA Patton, Harris, Rust Associates 117 E. Picadilly SL Winchester, Virginia 226D1 VOICE: (540) 661 -2139 FAX: (540) 665 -0493 Carriage Park Proffer Statement REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME ORIGINAL DATE OF PROFFERS: REVISION DATE(S): DRAFT PROPOSED PROFFER STATEMENT RZ. RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) 45.44 Acres Tax Map Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, 55- A -174D (the "Property Carriage Place, LLC Carriage Place, LLC Carriage Park January 25, 2006 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1 /25/07;3/20/07;3 /29/07 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County decision granting the rezoning may be contested in the appropriate court. If the County'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 fmal court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affumed 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, Carriage Park" dated January 5, 2006, as revised on March 22, 2007 (the "GDP Page of 7 1. LAND USE: 3. FIRE RESCUE: DRAFT Carriage Park Proffer Statement 1.1 Residential development on the Property shall be limited to single family attached dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carnage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DER"). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3.1 The Applicant shall contribute to the County of Frederick the sum of $528.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $14,618.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,634.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $204.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 7 7. PUBLIC SAFETY: DRAFT Carriage Park Proffer Statement 7.1 The Applicant shall contribute to the County of Frederick the sum of $503.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family 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 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 I-IOA 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, including the use of a private refuse collection service to collect the solid waste generated by the residents, (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. 9.3 The Applicant hereby proffer to establish a start -up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start -up funds for the CPHOA 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. Page 3 of 7 Carnage Park Profer Statement 10. WATER SEWER: DRAFT 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. 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: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust Associated, dated September 8, 2006 (the "TIA including addendum dated February 23, 2007. 12.2 The Applicant shall construct a two lane rural undivided (R2) collector roadway with additional turn lanes where appropriate on a minimum 60 foot right of way from the Project entrance on Route 7, including any necessary turn lanes on Route 7, to connect with existing Valley Mill Road as shown on the GDP prior to issuance of the 150 building permit. Furthermore, the Applicant shall design an improved section of Valley Mill Road between its intersection with Charming Drive and the proposed relocated Valley Mill Road. (See 1 on GDP) 12.3 The Applicant shall close the existing crossover on Route 7 at Valley Mill Road within 180 days of receiving written notice from Frederick County and /or VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Home Park in the general location depicted on the GDP. (See 3 on GDP) 12.5 The Applicant shall reserve all portions of the Property located East of the proposed relocated Valley Mill Road as depicted on the GDP for any future transportation improvement deemed necessary by VDOT. Said reserve area shall be recorded on the Deed of Dedication to ensure that this area shall be available at no cost to Frederick County and /or VDOT should future transportation improvements necessitate the use of this portion of the Property. The identified reserve area may be included as part of the required open space for the Property. (See 4 on GDP) Page 4 of 7 Carnage Park Proffer Statement 12.6 The Applicant shall construct the proposed relocated Valley Mill Road from the Project entrance on Route 7 to connect with existing Valley Mill Road within 4 years of the Date of Final Rezoning ("DER"). 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and any future residential lots located on the Property. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort. 14. BUFFER 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting in the location depicted on the GDP prior to issuance of the first building permit. (See 6 on GDP) 15. SEVERABILITY 16. BINDING EFFECT DRAFT 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPI -U published by the United States Department of Labor, such that at the time the contributions ate paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. Page 5 of 7 Carriage Park Proffer Statement 18. ROAD ABANDONMENT DRAFT 18.1 In recognition of the fact that Valley Mill Road will be relocated through the Property to provide a connection with Route 7, the County may apply for abandonment of the portion of existing Valley Mill Road between the eastern edge of the existing one lane bridge at Abrams Creek and the relocated portion of Valley Mill Road. Abandonment of this right of way will provide for a safer traffic movement while eliminating the need to expand the existing one lane bridge at Abrams Creek. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Carnage Park Proffer Statement Respectfully submitted, By: Tide: Carriage Place, LLC STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: My commission expires Notary Public DRAFT The foregoing instrument was acknowledged before me this day of 2007, by Page 7 of 7 PORTION OF'¢DOSTING. VALLEYAMILL ROAD TO BE AR/NDONEO j =0F 1JATUR E14101 BUFFER Ir CARRIAGE PARK CENEPLIZEO DEVELOPMENT PLAN FREDERICK COUNTY, VIRGINIA OPEN- SPACAREA RESEFVED FOR FUTURE' ROAD Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOCE: (540) 667 -2139 FAX: (540) 665 -0493 Carriage Park Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. RA (Rural Areas) and MHI (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres Tax Map Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, 55- A -174D (the "Property RECORD OWNER: Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJECT NAME: Carriage Park ORIGINAL DATE OF PROFFERS: January 25, 2006 REVISION DATE(S): 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County decision granting the rezoning may be contested in the appropriate court. If the County'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 County 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 Carriage Park" dated January 5, 2006, as revised on January 25, 2007 (the "GDP Page 1 of 6 Carriage Park Proffer Statement 1. LAND USE: 1.1 Residential development on the Property shall be limited to single family attached dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DER"). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $528.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $14,618.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,634.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $204.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 6 Carriage Park Proffer Statement 7. PUBLIC SAFETY: 7.] The Applicant shall contribute to the County of Frederick the sum of $503.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family 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 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, including the use of a private refuse collection service to collect the solid waste generated by the residents, (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. 9.3 The Applicants hereby proffer to establish a start -up fund for the Cairiage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start -up funds for the CPHOA 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. Page 3 of 6 Carriage Park Proffer Statement 10. WA1ER &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. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virgin a 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: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust Associated, dated September 8, 2006 (the "TIA including addendum dated February 23, 2007. 122 Access to the property shall be provided via a signalized entrance on Route 7 in the location depicted on the GDP. Said entrance and signal shall be designed and constructed with improvements as necessary on Route 7 to accommodate the future construction of the Route 37 ramp as depicted on the GDP and will be subject to review and approval by VDOT and Frederick County. Said improvements shall be completed prior to issuance of the first building permit. (See 1 on GDP) 12.3 The Applicant shall construct a two lane rural undivided (R2) collector roadway on a 50 foot right of way from the entrance on Route 7 to the Southern property line as depicted on the GDP prior to issuance of the 125 building permit. The roadway shall be designed to accommodate a future connection with existing Valley Mill Road as shown on the GDP. No direct lot access shall be permitted on said collector road. (See 2 on GDP) 12.4 The Applicant shall provide a private, gated connection between the internal road network for the project and the existing road network in the adjacent Blue Ridge Mobile Home Park for emergency access in the location depicted on the GDP. (See 3 on GDP) Page 4 of 6 Carnage Park Proffer Statement 13. HISTORIC RESOURCE PRO I'ECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and any future residential lots located on the Property. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. (See 4 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort. 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (`CPI -U published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 5 of 6 Respectfully submitte Carriage Park Proffer Statement By: Title: k_ P--- STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument of ehVA.zC<CLA 2007, by My commission, Notary Public Page 6 of 6 as acknowled ed before me this C9 day 0 NV c r QU-∎i v,P k \k q 30 l (3 off 0y, 47 ..a r -n: O z:z_ i G� *"'S. 1 A Y MICI ROAD CO i \74 Ny. Acres NNECTION Y�OTHERS) 1 OZO NING NG: RP A l i PROPOSED ,ZONING FUTURE! d i 0, G erz u 30.5230 r Acresp! \V\ EX ZONING 41 RAI ,N,- PROPOSED ZONING: 'RP C LEC 0) D �j j BEY" R0P i- V GSM TION i M-ti FUTURE ROUTE31Z' 0N /OFF RAMP'Q CARRIAGE PARK GENERLIZED DEVELOPMENT PLAN FREDERICK COUNTY, WRC /NW NAUZED Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 Camage Park Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres Tax Map Parcels 55 -A -161, 55- A -165A, 55-A-166, 55-A-167, 55- A -167A, 55-A-168, 55 -A 174A, 55- A -174B, 55 -A 174D (the "Property") RECORD OWNER Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJE CI NAME: Carriage Park ORIGINAL DALE OF PROFFERS: January 25, 2006 REVISION DA1E(S): February 2, 2006 May23, 2006 June 28, 2006 August 10, 2006 September 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 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 Supervisors (the "County") decision granting the rezoning may be contested in the appropriate court. If the County'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 County 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 ter "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, Carriage Park" dated January 5, 2006, as revised on September 12, 2006 (the "GDP and shall include the following: Page 1 of 8 1.17 1. LAND USE: Carnage Park Proffer Statement 1.1 Residential development on the Property shall not exceed a maximum of 165 single family dwelling units. 1.2 The number of single family detached dwelling units to be constructed on the property shall not exceed 73 dwelling units. 1.3 The number of single family attached dwelling units to be constructed on the property shall not exceed 92 dwelling units 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement and in substantial conformance with the GDP as approved by the Board. 2.2 Construction of the 165 residential dwelling units shall be phased over a three -year period commencing with the Date of Final Rezoning ("DER"). The Applicant shall not make application for more than 75 building permits for residential dwelling units per year. 2.3 The above referenced phasing limitations are cumulative. Notwithstanding any representations to the contrary contained in these Proffers. Should market conditions dictate a slower pace of construction of the residential dwelling units on the Property, the time schedule for total build out of the Property may exceed three years. 3. FIRE &RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $720.00 per single family, detached dwelling unit for capital improvements to capital facilities for fire and rescue facilities and equipment located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family detached unit. 3.2 The Applicant shall contribute to the County of Frederick the sum of $528.00 per single family, attached dwelling unit for capital improvements to capital facilities for fire and rescue facilities and equipment located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 8 Carnage Park Proffer S%ateme 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $19,189.00 per single family, detached dwelling unit for capital improvements to public schools located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the County of Frederick the sum of $14,618.00 per single family, attached dwelling unit for capital improvements to public schools located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS &RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $2,136.00 per single family, detached dwelling unit for capital improvements to recreational facilities located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County of Frederick the sum of $1,634.00 per single family, attached dwelling unit for capital improvements to recreational facilities located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $267.00 per single family, detached dwelling unit for capital improvements to library facilities, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the County of Frederick the sum of $204.00 per single family, attached dwelling unit for capital improvements to library facilities, payable upon the issuance of a building permit for each single family attached unit. 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $658.00 per single family, detached dwelling unit for capital improvements to public safety facilities and equipment upon issuance of a building permit for each single family detached unit. 7.2 The Applicant shall contribute to the County of Frederick the sum of $503.00 per single family, attached dwelling unit for capital improvements to public safety facilities and equipment upon issuance of a building permit for each single family attached unit. Page 3 of 8 Carnage Park Proffer Statement 8. GENERAL GOVERNMENT: 8.1 The Applicant shall contribute to the County of Frederick the sum of $320.00 per single family, detached dwelling unit for capital improvements to general governmental facilities and equipment upon issuance of a building permit for each single family detached unit. 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per single family, attached dwelling unit for capital improvements to general governmental facilities and equipment upon issuance of a building permit for each single family 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 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, including the use of a private refuse collection service to collect the solid waste generated by the residents, (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. 9.3 The Applicants hereby proffer to establish a start-up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA 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 applicants to the CPHOA. The start-up funds for the CPHOA 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. Page 4 of 8 Carriase Park Proffer Statement 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. 11. ENVIRONMENT: 11.1 Stormwater management for the Property shall be provided in accordance with all applicable ordinances. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust Associated, dated September 8, 2006 (the "TIA and any amendments thereto. The Applicant shall privately fund all transportation improvements required for this project. 12.2 Access to the property shall be provided via a single entrance on Valley Mill Road in the location depicted on the GDP. Said entrance shall include improvements to the existing section of Valley Mill Road from the Route 7 intersection to the project entrance on Valley Mill Road as directed by VDOT. (See 1 on GDP) 12.3 Applicant shall provide an inter- parcel connector in the location depicted on the GDP to facilitate integration of the Property with future development and to facilitate the construction of an additional future Valley Mill road connector. (See 2 on GDP) 12.4 The Applicant shall provide a private, gated connection between the internal road network for the project and the existing road network in the adjacent Blue Ridge Mobile Home Park for emergency access in the location depicted on the GDP. (See 3 on GDP) 12.5 The Applicant shall construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 76 building permit. Construction of said signalized intersection shall include extended tum lanes on east bound and west bound Route 7 if directed by VDOT. 12.6 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 per single family detached unit for capital improvements to capital facilities related to transportation improvements in the general vicinity of the development, payable upon the issuance of a buildmg permit for each detached unit. Page 5 of 8 15. SEVERABILITY 16. BINDING EFFECT Carriage Park Proffer Statement 12.7 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 per single family attached unit for capital improvements to capital facilities related to transportation improvements in the general vicinity of the development. 12.8 If the maximum number of permitted single family attached and detached dwelling units are constructed on the property pursuant to Sections 1.1 through 1.3 of this Proffer Statement, then the monetary contribution to the County pursuant to Sections 12.8 and 12.9 of this Proffer Statement would total $641,000.00. 12.9 It is expressly understood and agreed that any monetary contributions related to transportation provided to the County pursuant to this Proffer Statement may be urili7ed for revenue sharing and shall be applied as a first priority to funding the construction of the future Valley Mill connector road as shown on the GDP with the second priority to funding the relocation of Valley Mill Road. 13. HISTORIC RESOURCE PROIL.C1ION 13.1 A 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and the limits generally depicted on the GDP. Encroachment of construction activities in this area shall not be allowed except to construct a roadway entrance and /or necessary utilities. (See 4 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort. 13.3 The Applicant shall establish a 15 foot no cut vegetative buffer along a portion of the southern project boundary with Valley Mill Farm LC, as shown on the GDP in order to protect viewsheds surrounding the farm buildings. 14. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS 14.1 Any portion of the Property may hereafter be dedicated for public street purposes (or otherwise conveyed to a public entity) shall, upon such terms dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffers. 15.1 In the event any portion of these proffers are subsequentlydetermined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16.1 These proffers run with the land and shall be binding upon all heirs, executors, adn assigns and successors in interest of the Applicant. Page 6 of 8 Carriage Pak Proffer Statement 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "G I -U") published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the G'I -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 1' Carriage Park Proffer Statement Respectfully sub nutte rn a k Li Title: l Y lomixt j By STAIN OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing insrument was acknowledged before me this 5 of CC-i*)Q.1' ,2006 fOn�f0.( (5, (Qufm y My commission x Notary Public ires Q 30 -ID Page 8 of 8 NECU' L SINGLE /FEW /f ARCD. ,)1 ,�1 t5 18�Acces O RP 11�EX� ONIN --MW PROPOSED; ZONING RP f 1 BUF�/4V1 WE TAIED FER, t 10/11 I /f S EX. 30.2¢/Ac ZONINgli fiA� PROPOSEDIZONINOt RP CARRIAGE PARK GENERL /ZED DEVELOPMENT PLAN FREDERICK COUNTY, PIRG /NZ4 Patton, Harris, Rust Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 Carr Park PROPOSED PROFFER STATEMENT REZONING: RZ. RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) L Pr r stareemCT t 3 1 2006 PL A PROPERTY: 45.44 Acres Tax Map Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, 55- A -174D (the "Property RECORD OWNER: Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJECT NAME: Carriage Park ORIGINAL DATE OF PROFFERS: January 25, 2006 REVISION DATE(S): February 2, 2006 May 23, 2006 June 28, 2006 August 10, 2006 September 12, 2006 October 29, 2006 The undersigned hereby proffers that the use and development of the subject property (`Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County decision granting the rezoning may be contested in the appropriate court. If the County'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 County 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 nnprovement 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, Carriage Park" dated January 5, 2006, as revised on October 29, 2006 (the "GDP Page 1 of 8 Y:O .111T L 1. LAND USE: Carriage Park Proffer Statement L 1 Residential development on the Property shall not exceed a maximum of 165 single family dwelling units. 1.2 The number of single family detached dwelling units to be constructed on the property shall not exceed 73 dwelling units. 1.3 The number of single family attached dwelling units to be constructed on the property shall not exceed 92 dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the 165 residential dwelling units shall be phased over a minimum three -year period commencing with the Date of Final Rezoning "DER The Applicant shall not make application for more than 55 building permits for residential dwelling units per year, commencing with the DER, provided that this limitation shall be cumulative, but provided, further, that the Applicant shall not, in any event, make application for more than 75 building permits in any 12 month period 3. EIRE RESCUE: 3.1 The Applicant shall contribute to the County of Frederick 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 single family detached unit. 3.2 The Applicant shall contribute to the County of Frederick 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 single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick 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 single family detached unit. Page 2 of 8 Carriage Park Pro/fer Sdalemetl 4.2 The Applicant shall contribute to the County of Frederick 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 single family attached unit. 5. PARKS RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $2,136.00 per single family, detached dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County of Frederick the sung of $1,634.00 per single family, attached dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $267.00 per single family, detached dwelling unit for library purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the County of Frederick the sum of $204.00 per single family, attached dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $658.00 per single family, detached dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family detached unit. 7.2 The Applicant shall contribute to the County of Frederick the sum of $503.00 per single family, attached dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.1 The Applicant shall contribute to the County of Frederick the sum of $320.00 per single fatally, detached dwelling unit for general government purposes, payable upon issuance of a building permit for each single family detached unit. Page 3 of 8 Carr Park Proffer Statement 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per single family, attached dwelling unit for general government purposes, payable upon issuance of a building permit for each single family attached unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter `9 -IOA 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, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within casements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the l -1OA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start -up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start -up funds for the CPHOA 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. Page Carriage Park Prof)er Statement 10. WA'I ER 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. 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: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust Associated, dated September 8, 2006 (the "TIA 12.2 Access to the property shall be provided via a single entrance on Valley Mill Road in the location depicted on the GDP. Said entrance shall include improvements to the existing section of Valley Mill Road from the Route 7 intersection to the project entrance on Valley Mill Road as directed by VDOT. (See 1 on GDP) 12.3 Applicant shall provide an inter parcel connector in the location depicted on the GDP to facilitate integration of the Property with future development and to facilitate the construction of an additional future Valley Mill road connector. (See 2 on GDP) 12.4 The Applicant shall reserve a 50' right of way between the internal road network for the project and the existing road network in the adjacent Blue Ridge Mobile Home Park with gated access for emergency vehicles in the location depicted on the GDP. The Applicant shall dedicate said right of way at such time that a direct public street connection can be made on the adjacent Property. (See 3 on GDP) 12.5 The Applicant shall construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 76 building permit. Construction of said signalized intersection shall include extended turn lanes on east bound and west bound Route 7 if directed by VDOT. 12.6 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 pct single family detached unit for transportation improvements in Page 5 of 8 Carriage Park Proffer Statement the general vicinity of the development, payable upon the issuance of a building permit for each detached unit. 12.7 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 per single family attached unit for transportation improvements in the general vicinity of the development, payable upon the issuance of a building permit for each attached unit 12.8 If the maximum number of permitted single family attached and detached dwelling units are constructed on the property pursuant to Sections 1.1 through 1.3 of this Proffer Statement, then the monetary contribution to the County pursuant to Sections 12.8 and 12.9 of this Proffer Statement would total $641,000.00. 13. HISTORIC RESOURCE PROTECTION 13.1 A 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and any future residential lots located on the Property. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities. (See 4 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort. 13.3 The Applicant shall establish a 15 foot no cut vegetative buffer along a portion of the southern project boundary with Valley Mill Farm LC, as shown on the GDP in order to protect vicwsheds surrounding the farm buildings. 15. SI3VERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the and and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. Page 6 of 8 Carriage Park Prn(jer Statement 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPI -U published by the United States Department of 1..abor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CP1 -U to the date the contributions are paid, subject to a cap of 6% per year, non- compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 Carnage Park Respec f su b i 04 40 By: Title: th6pq,(41 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY,'fo -wit: (t( My commission c.'/('i cs 9 ao -/U Notary Public n jtti')tz- ti C2 Page 8 of 8 The foregoing instrument was acknowledged before me this 3 i day of f( -�Dh,( 2006,by OQn'14( QlAlnne Procter Staiemen/ tttt tttttttt ttt �.G \AP \STIN,4 O t\ MONys OF i L 0 9 G I NIPP,: G S9 PUBS "Si nnnf' CARR/ACE ARK I SINGLE FAMILY ATTACHED I ‘YEGETATED EWER 4' GENERLIZED DEVELOPMENT PLAN FREDERCK COUNTY, VIRC/AllA OMIT CF •NATUR ,WCE7ANON BUFFER pRa.Ecr, ENIRANCE: Patton, Harris, Rust Associates, pc 117 E. Picadilly Si. Winchester. Virginia 22601 VOICE: (540) 667-2139 FM: (540) 565-0493 r 1 d k C E Y�nk ffit 7 k 1,t i t; 11111411 111111114141 1111 11lmuuu11111111 ui W L1 l _11Ll 1J 1LY t Carnage Park PROPOSED PROFFER STATEMENT Proffer Statement REZONING: RZ. (2 RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres Tax Map Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, 55- A -174D (the "Property RECORD OWNER: Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJECT NAME: Carriage Park ORIGINAL DATE OF PROFFERS: January 25, 2006 REVISION DATE(S): February 2, 2006 May 23, 2006 June 28, 2006 August 10, 2006 The undersigned hereby proffers that the use and development of the subject property "Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County decision granting the rezoning may be contested in the appropriate court. If the County'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 fmal court order affirming the decision of the County 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, Carnage Park" dated January 5, 2006, as revised on August 9, 2006 (the "GDP and shall include the following: Page 1 of 8 Carnage Park Proffer Statement 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 165 single family dwelling units. 1.2 The number of single family detached dwelling units to be constructed on the property shall not exceed 73 dwelling units. 1.3 The number of single family attached dwelling units to be constructed on the property shall not exceed 92 dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement and in substantial conformance with the GDP as approved by the Board. 2.2 Construction of the 165 residential dwelling units shall be phased over a three -year period commencing with the Date of Final Rezoning ("DER"). The Applicant shall not make application for more than 75 building permits for residential dwelling units per year. 2.3 The above referenced phasing limitations are cumulative. Notwithstanding any representations to the contrary contained in these Proffers. Should market conditions dictate a slower pace of construction of the residential dwelling units on the Property, the time schedule for total build out of the Property may exceed three years 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $720.00 per single family, detached dwelling unit for capital improvements to capital facilities for fire and rescue facilities and equipment located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family detached unit. 3.2 The Applicant shall contribute to the County of Frederick the sum of $528.00 per single family, attached dwelling unit for capital improvements to capital facilities for fire and rescue facilities and equipment located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 8 4. SCHOOLS: Carriage Park Projer Statement 4.1 The Applicant shall contribute to the County of Frederick the sum of $19,189.00 per single family, detached dwelling unit for capital improvements to public schools located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the County of Frederick the sum of $14,618.00 per single family, attached dwelling unit for capital improvements to public schools located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $2,136.00 per single family, detached dwelling unit for capital improvements to recreational facilities located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County of Frederick the sum of $1,634.00 per single family, attached dwelling unit for capital improvements to recreational facilities located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $267.00 per single family, detached dwelling unit for capital improvements to library facilities, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the County of Frederick the sum of $204.00 per single family, attached dwelling unit for capital improvements to library facilities, payable upon the issuance of a building permit for each single family attached unit. 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $658.00 per single family, detached dwelling unit for capital improvements to public safety facilities and equipment upon issuance of a building permit for each single family detached unit. 7.2 The Applicant shall contribute to the County of Frederick the sum of $503.00 per single family, attached dwelling unit for capital improvements to public safety facilities and equipment upon issuance of a building permit for each single family attached unit. Page 3 of 8 8. GENERAL GOVERNMENT: Carnage Park Proffer Statement 8.1 The Applicant shall contribute to the County of Frederick the sum of $320.00 per single family, detached dwelling unit for capital improvements to general governmental facilities and equipment upon issuance of a building permit for each single family detached unit. 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per single family, attached dwelling unit for capital improvements to general governmental facilities and equipment upon issuance of a building permit for each single family 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 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 dudes and responsibilities as may be assigned, an HOA shall have tide 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, including the use of a private refuse collection service to collect the solid waste generated by the residents, (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. 9.3 The Applicants hereby proffer to establish a start -up fund for the Carriage Park Homeowner's Association CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA 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 applicants to the CPHOA. The start -up funds for the CPHOA 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. Page 4 of 8 Carriage Park Proffer Statement 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. 11. ENVIRONMENT: 11.1 Stormwater management for the Property shall be provided in accordance with all applicable ordinances. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust Associated, dated May 6, 2005 (the "TIA and any amendments thereto. The Applicant shall privately fund all transportation improvements required for this project. 12.2 New access points to the Property from Route 7 shall be limited to a single right -in right -out access point in the location depicted on the GDP. Said entrance shall include an eastbound deceleration and acceleration lane and shall meet all applicable County and State regulations. (See 1 on GDP) Upon the completion of the relocation of Valley Mill Road and the future Valley Mill Road connector as shown in the GDP, the new access point mentioned in this proffer may be closed at the direction of the Virginia Department of Transportation and the County of Frederick. 12.3 Applicant shall provide an inter parcel connector in the location depicted on the GDP to facilitate integration of the Property with future development (See 2 on GDP) and to facilitate the construction of the future Valley Mill road connector. 12.4 The Applicant shall provide a private, gated connection between the internal road network for the project and the existing road network in the adjacent Blue Ridge Mobile Home Park for emergency access in the location depicted on the GDP. (See 3 on GDP) 12.5 The Applicant shall enter into an 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 left turn lane for Westbound Route 7 at the intersection of Route 7 and Woods Mill Road. If or when, in the opinion of VDOT and the County of Frederick, the turn lane is required, the Applicant shall construct a left turn lane at said intersection within 180 days of receiving written notice Page 5 of 8 Carnage Park Proffer Statement from the Virginia Department of Transportation and /or the County of Frederick. 12.6 The Applicant shall enter into an 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 an extended left turn lane for Eastbound Route 7 at the intersection of Route 7 and Valley Mill Road to lengthen the existing turn lane located at the intersection. If or when, in the opinion of VDOT and the County of Frederick, the turn lane is required, the Applicant shall construct a left turn lane at said intersection within 180 days of receiving written nonce from the Virginia Department of Transportation and /or the County of Frederick. 12.7 The Applicant shall either construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 76 building permit by VDOT and /or the County of Frederick or in the alternative, the Applicant shall contribute $150,000.00 for capital improvements to capital facilities related to transportation improvements in the general vicinity of the development; said lump sum option payable prior to the issuance of the 76 building permit. 12.8 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 per single family detached unit for capital improvements to capital facilities related to transportation improvements in the general vicinity of the development, payable upon the issuance of a building permit for each detached unit. 12.9 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 per single family attached unit for capital improvements to capital facilities related to transportation improvements in the general vicinity of the development. 12.10 If the maximum number of permitted single family attached and detached dwelling units are constructed on the property pursuant to Sections 1.1 through 1.3 of this Proffer Statement, then the monetary contribution to the County pursuant to Sections 12.8 and 12.9 of this Proffer Statement would total $641,000.00. 12.11 It is expressly understood and agreed that any monetary contributions related to transportation provided to the County pursuant to this Proffer Statement may be utilized for revenue sharing and shall be applied as a first priority to funding the construction of the future Valley Mill connector road as shown on the GDP with the second priority to funding the relocation of Valley Mill Road. 13. HISTORIC RESOURCE PROTECTION 13.1 A 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and the limits generally depicted on the GDP. Encroachment of Page 6 of 8 Carriage Park Proffer Statement construction activities in this area shall not be allowed except to construct a roadway entrance and /or necessary utilities. (See 4 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort prior to issuance of the 76 building permit. 13.3 The Applicant shall establish a 15 foot no cut vegetative buffer along a portion of the southern project boundary with Valley Mill Farm LC, as shown on the GDP in order to protect ndewsheds surrounding the farm buildings. 14. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS 14.1 Any portion of the Property may hereafter be dedicated for public street purposes (or otherwise conveyed to a public entity) shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffers. 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (`CPI -U published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 Carriage Park Proffer Statement Respectfully submitte By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this ZK"day of A 1ec 2006, by De y My commission expires a_ c3 :31 200 Notary Public QA p 9 Page 8 of 8 SINGLE/ARV DETACHED J /IC 6J Y/ 1 WE A� 6 m Hoar .30.5230 /A4 7// a E ZONING; llRA PPROP\ PZON166 RP IN7nPARCE -t 1 14:9196_Acres__ �EX��ZONfNG: -MHti �jfl R01lOSED`ZONIMCz RP �r CARRIAGE PARK GENERLIZED DEVELOPMENT PLAN FREDERICK COUNTY, NRC/N[A Patton, Harris, Rust Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493