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44A31_StephensonVillageB F COPY „f .5� AMENDMENT 1' »,F O� Action: PLANNING COMMISSION: August 20, 2003 - Recommended Approval BOARD OF SUPERVISORS: September 24, 2003 - U APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06 -03 FOR STEPHENSON VILLAGE WHEREAS, Rezoning 906 -03 of Stephenson Village, was submitted by Greenway Engineering, to rezone 794.6 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District. This property is located east of Milburn Road (Route 662), south of Old Charles Town Road (Route 761), and southwest of Jordan Springs Road (Route 664), approximately 2,000 feet east of Martinsburg Pike (Route 11 North). The properties included with this application are identified with Property Identification Numbers 44 -A -31 [portion], 44- A -31A, 44 -A -292, and 44 -A -293 in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on August 20, 2003; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 24, 2003; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning, to include nine ordinance modification requests, to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 794.6 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District with revised proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. poxes u19 -03 This ordinance shall be in effect on the date of adoption. Passed this 24` day of September 2003 by the following recorded vote: Richard C. Shickle, Chairman Ave Sidney A. Reyes N ay Gina A. Forrester Nay Margaret B. Douglas Aye W. Harrington Smith, Jr. Absent Robert M. Sager Aye Lynda J. Tyler Ay-e— A COPY ATTEST 7 John R. ey, Jr. / Frederick County Administrator PDRes. 9 1 9 —D3 0:U OlutjOWUWJ Rapping R olutlons�Stcpbnson Villagc."d � 1 yri PROFFER STATEMENT STEPHENSON VILLAGE RESIDENTIAL PLANNED COMMUNITY Rezoning # 06 -03 Property Owner /Applicant: Stephenson Associates, L.C. Property: 794.6± Acres, Tax Map Nos. 44- ((A)) -31A, 44-((A))-292,44-((A))-293, and A Portion of Tax Parcel 44- ((A)) -31 Stonewall Magisterial District Frederick County, Virginia Date: January 8, 2003 Revised: March 7, 2003 Revised: April 24, 2003 Revised: August 18, 2003 Revised: September 3, 2003 September 3, 2003 TABLE OF CONTENTS September 3, 2003 Page EXECUTIVE SUMMARY i 1. COMMUNITY DESIGN MODIFICATION DOCUMENT 2 0 2. PHASING PLAN TO MINIMIZE SUDDEN IMPACTS ON COUNTY SERVICES 2 3. USES, DENSITY AND MIX OF HOUSING TYPES 3 4. APPLICANT TO PAY 100% OF CAPITAL FACILITY IMPACTS 5 5. MATCHING FUNDS FOR TRANSPORTATION ENHANCEMENTS AND /OR HERITAGE TOURISM 7 6. MONETARY CONTRIBUTION TO CLEAR BROOK VOLUNTEER FIRE AND RESCUE, INC. 7 7. MULTI -MODAL TRANSPORTATION IMPROVEMENTS 8 8. SCHOOL AND BALLFIELD SITES, COMMUNITY FACILITIES AND PUBLIC USE AREAS 11 9. RECREATIONAL AMENITIES AND LINEAR PARK 13 10. ACTIVE ADULT AGE - RESTRICTED HOUSING 14 11. AFFORDABLE HOUSING FOR THE ELDERLY 16 12. PRESERVATION OF HISTORICAL AND CULTURAL RESOURCES 16 13. COMMERCIAL CENTER 16 14. RENT FREE COUNTY OFFICE SPACE 18 15. COMMUNITY DESIGN FOR A STRONG SENSE OF PLACE 18 16. ENVIRONMENTAL FEATURES AND HABITAT PRESERVATION 19 17. COMMUNITY CURBSIDE TRASH COLLECTION 22 18. WATER AND SEWER IMPROVEMENTS IN THE STEPHENSON AREA 23 19. COMPREHENSIVE PLAN CONFORMITY 23 20. CREATION OF HOMEOWNERS ASSOCIATION(S) 23 21, PROFFERED HOUSING TYPES 24 22. STREETSCAPE DESIGN AND LANDSCAPING 25 23. COMMUNITY SIGNAGE PROGRAM 26 September 3, 2003 Executive Summary Of the Proffer Statement for the Stephenson Village Residential Planned Community The proffers for Stephenson Village define the conditions for the construction and maintenance of a residential planned community based on Smart Growth principles. As envisioned, Stephenson Village will feature a school, public ball fields, recreation centers, trails and convenient shopping that will tie the neighborhoods of Stephenson together and serve as a vital center. Stephenson Village itself will have a distinctive look, a strong architectural theme, and a mixture of housing types to meet the needs of people of all ages, including an age- restricted active adult community and affordable housing for the elderly. The plan emphasizes walkable neighborhoods —with boulevards, sidewalks, bike paths and trails throughout. In addition to the 135.6 acres in the core battlefield area (which is not included in the rezoning request), 794.6± -acre parcel will have approximately 250 acres of open space. Build -out of Stephenson Village is anticipated to take 20 to 25 years. The proffers provide a balance of design and market flexibility and County control over uses and densities. Planned Community Design Stephenson Village will use compact building design with extensive architectural and landscaping standards to create distinctive streetscapes. The proffers specify six new housing types and illustrate floor plans for each. The housing types will be mixed within each neighborhood. To assure overall mixing while maintaining flexibility, the proffers establish maximum percentages for single - family detached, multi - family (townhouse and semi- detached) and age- restricted housing. The design will provide opportunities for people to live, work and shop in the same community. The school and public ball field sites will be located on the north side of the property, along Old Charles Town Road. The center of Stephenson Village will have affordable housing for the elderly and 250,000 square feet of commercial and office space (60,000 square feet guaranteed), including space for a rent -free Frederick County satellite office. Land will be set aside for a day care center in an appropriate location. The south side of Stephenson Village will include a large age- restricted (55 and over) "active adult" community. This will be a gated community with its own recreational facilities and private streets and alleys. In addition, the Applicant will provide a minimum of 144 units for the elderly after sufficient retail space has been occupied to qualify for Federal affordable- housing programs. September 3, 2003 1 Stephenson Associates 030703 The proffers establish an overall density cap of 2,465 units exclusive of the affordable housing for the elderly, an average of 3.28 units per acre. To avoid sudden impacts on County schools and other services, the proffers establish a cumulative yearly construction cap of 8% on all units that are not age- restricted. Since age- restricted housing has positive tax impact on County budgets and no impact on schools, these unit types will be exempt from the phasing plan. Covering 100% of Capital Facilities Impacts Economic analysis of Stephenson Village indicates that its proffer payments, taxes and fees will more than cover the cost of County services. The Applicant will cover 100% of the capital costs predicted by the County fiscal impact model for each housing type. These proffer fees will be adjusted every two years using the Consumer Price Index (CPI). Additional proffer fees may be assessed by Frederick County if school population from the project is higher than projected. If the cumulative total increase in students from Stephenson Village exceeds 60 students a year, the County may assess an additional proffer fee of $3,925 for each additional student. Transportation Improvements The Applicant will make transportation improvements to maintain acceptable levels of service on existing roads. These improvements will be triggered by actual traffic counts, with levels specified in the proffers, at permanently installed traffic counters at the entrance on Old Charles Town Road and the southwestern entrance. This will allow us to anticipate traffic increases rather than react to them. Design and construction will begin when traffic reaches 80 percent of the trigger point. A four -lane boulevard will serve the community as the major collector road. This road, identified in the County Comprehensive Policy Plan, runs from Old Charles Town Road in the north to Route 11 in the south. The sides and medians of this boulevard will be heavily landscaped outside of conservation and tree -save areas. The boulevard will have bicycle lanes on each side, and sidewalks or walking trails for the entire length in Stephenson Village. The road will be built first in a two -lane half section, beginning at Old Charles Town Road. The road will be extended to Route 11 and the second two -lane section constructed when traffic counts reach specified limits. This major collector road will be dedicated to VDOT. The Applicant has obtained rights -of -way and easements for off -site transportation improvements and will execute agreements with VDOT. Traffic improvements will include: completing the two -lane half- section of the major collector road, extending the major collector road to the Rutherford Farm intersection at Route 11, widening Old Charles Town Road to three lanes between the entrance and Route 11, signalizing (with turn lanes) the northern entrance, and signalizing (with turn lanes) of the September 3. 2003 n Stephenson Associates 030703 intersection between Old Charles Town Road and Route 11. Stephenson Village will also contribute its share of regional improvements to I -81 interchange 317. School Site and Recreation Facilities As envisioned, Stephenson Village will have a public school and extensive public ball fields within walking distance of the community. The Applicant will dedicate 20 acres to the County for a school site, accessible from Old Charles Town road and Stephenson Village. Next to the school site, the Applicant will dedicate 24 acres, which when combined with the school playing fields will provide six soccer fields and six baseball fields for soccer and Little League teams. The recreation center at Stephenson Village will be fully bonded at the outset and constructed early in the project. This recreation center will include a bathhouse and a six - lane 25 -meter competition swimming pool. The Applicant will dedicate a 20 -foot linear park trail easement to the County within the Hiatt Run Corridor from one end of the property to the other, and will construct at no cost a six -foot wide asphalt trail. Additional recreation facilities (such as playgrounds, tot lots, multipurpose courts, basketball courts, picnic areas and volleyball courts) will be built to satisfy any remaining requirements of County zoning. The Applicant will also construct a recreation center for the private use of the active adult community. Environmental Improvements There is an opportunity to improve the quality of Hiatt Run and associated wetlands through better stormwater control. Most (over 90 %) of the soils on the property will not support crops without heavy amendment. Much of the soil has low permeability, which has historically caused stormwater runoff problems in the streams, ditches and ravines. Approximately 250 acres of the property will be left in open space. The Applicant will identify and preserve all significant wildlife habitats and steep slopes. Streams will be protected by 100 -foot buffers between the centerline of the stream and adjacent lots. The Hiatt Run Corridor and the Wetlands Intermittent Ravine Channel will be resource protection areas. To the maximum extent possible, intermittent streams and associated stands of mature trees will not be disturbed, and native plants and trees will be used in the forest management plan. Low impact development methods will be used as appropriate for stormwater management and road construction. These will include measures to direct runoff from steep slopes and use existing ponds where beneficial to the environment. Additional ponds, infiltration areas and bio- retention facilities will be developed to limit runoff to September 3, 2003 iii Stephenson Associates 030703 Hiatt Run. When conditions permit, vegetated open channels will be used along streets for storm water runoff. Utility Improvements Stephenson Village will use public water and sewer, and bring the opportunity for sewer connections to surrounding neighborhoods with access to gravity mains. Currently, the Northern Water Treatment plant provides 1.5 million gallons per day from the Global Chemstone Quarry, which is more than adequate to supply the 683,000 gallons per day demand of the completed community. None of the utility infrastructure associated with the project will cost the County taxpayers money. The Applicant will dedicate land to the Frederick County Sanitation Authority, build a pump station, and build a force main and associated infrastructure. Low impact construction methods will be used where force mains and buried utility lines cross sensitive areas. Electric, broadband and telephone utilities will be buried throughout the project. Public lighting, as well as the exterior lighting of homes, will use fixtures that direct light down and minimize stray illumination. Trash collection will be provided by a commercial service and will not use Frederick County Citizen Convenience Centers. In lieu of land for a fire /rescue site, the Applicant has increased the cash proffers. The Applicant has proffered to contribute $200,000 to Clear Brook Volunteer Fire and Rescue Inc. This contribution is not counted as part of the proffer fees to the County. Preservation of Historic and Cultural Resources The Byers House will be preserved and used as deemed appropriate by the Applicant. Significant archeological areas and cemeteries (if any) will be preserved. The Applicant is proffering $75,000 in matching funds to help the County develop transportation enhancements and/or heritage tourism. Smart Growth U.S. Environmental Protection Agency encourages smart growth communities like the proposed Stephenson Village. Cluster development controls sprawl and its associated environmental and fiscal impacts by making development more predictable and cost effective, and by directing resources toward existing communities. Stephenson Associates L.C. is committed to making Stephenson Village - -the first smart growth community in Frederick County - -a success and a model for development in the region. September 3. 2003 iv Stephenson Associates 030703 Page 1 PROFFER STATEMENT STEPHENSON VILLAGE RESIDENTIAL PLANNED COMMUNITY Rezoning # 06 -03 September 3, 2003 Property Owner /Applicant: Stephenson Associates, L.C. Property: 794.6± Acres, Tax Map Nos. 44- ((A)) -31A, 44 -((A)) -292, 44 -((A)) -293, and A Portion of Tax Parcel 44- ((A)) -31 Stonewall Magisterial District Frederick County, Virginia Date: January S, 2003 Revised: March 7, 2003 Revised: April 24, 2003 Revised: August 18, 2003 Revised: September 3, 2003 The undersigned, Stephenson Associates, L.C., (hereinafter referred to as Applicant), its successors and/or assigns, hereby proffers that the use and development of the subject property shall be in strict accordance with the following conditions and shall supersede all other proffers made prior hereto. In the event the above - referenced amendments are not granted as applied for by the Applicant, the below described proffers shall be withdrawn and null and void. The headings of the proffers set forth below, the Table of Contents and the Executive Summary 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 site adjacent to the improvement, unless otherwise specified herein. References made to the Master Development Plan, hereinafter referred to as the Generalized Development Plan, as required by the Frederick County Zoning Ordinance, are to be interpreted to be references to the specific Generalized Development Plan sheets prepared by Greenway Engineering and Land Planning and Design Group, dated September 3, 2003 attached as Exhibit A. The exact boundary and acreage of each land bay may be shifted to a reasonable degree at the time of site plan submission for each land bay in order to accommodate engineering or design considerations. The Applicant is submitting a Generalized Development Plan (Exhibit A) as a part of the rezoning application. The Generalized Development Plan is provided in lieu of a Master Development Plan, and contains all information deemed appropriate by the Frederick County Planning Department. The Generalized Development Plan does not eliminate the requirement for a Master Development Plan for the portion of the site to be developed, which will be provided following rezoning approval but prior to any development of any portion of the 794.6± -acre site (Property). Page 2 COMMUNITY DESIGN MODIFICATION DOCUMENT: September 3, 2003 In order for the Applicant and Frederick County to implement the Residential Community, it will be important for the Applicant and Frederick County Planning Staff to have the opportunity to anticipate, incorporate and to develop new advanced housing types and configurations that may be suitable in a Residential Planned Community. These housing types will include many of the neo- traditional housing types which are proffered in this Proffer Statement which allow for the creation of a true community and for the maximization and preservation of natural corridors and open space for the use and enjoyment of the community at large. A. Pursuant to Article H, Amendments of the Frederick County Zoning Ordinance, the approval of this Proffer statement constitutes an amendment to the zoning ordinance, which will allow the expansion of the R4 District. B. The Applicant has proffered a Community Design Modification Document that is attached and incorporated by reference herein as Exhibit F, and which is accepted by Frederick County. In addition to the above, by approving this Proffer Statement, the Frederick County Board of Supervisors agrees without need of any further Board of Supervisors or Planning Department approval to any modifications for any matter which has been previously agreed to and therefore approved by Frederick County. Further still, any submitted revisions to the approved Generalized Development Plan, the approved Master Development Plan and/or any of its requirements for any development zoned R -4 which affect the perimeter of the development or which would increase the overall density of the development shall require the Board of Supervisors' approval. If, in the reasonable discretion of the Frederick County Planning Department, the Planning Department decides any requested modification should be reviewed by the Frederick County Board of Supervisors, it may secure said approval by placing this matter before the Frederick County Board of Supervisors at its next regularly scheduled meeting. However, and not withstanding what is stated above, once a modification has been approved administratively, the Applicant shall not be required to seek approval for any subsequent similar modification. 2. PHASING PLAN TO MINIMIZE SUDDEN IMPACTS ON COUNTY SERVICES A. Additional Proffer Payment To minimize sudden increases in the Frederick County Public School population and sudden impacts on other county services, the Applicant shall implement the following phasing plan on all residential housing that is not age- restricted. To ensure that unanticipated increases in Frederick County Public School population do not burden the county with extra costs, Frederick County may assess the Applicant to effectively double school - related proffers for each student that exceeds a cumulative yearly total increase of 60 students per year. Page 3 September 3, 2003 The total number of new Frederick County Public School students generated by Stephenson Village will be determined from the September 30 report produced by Frederick County Public Schools. The Applicant proffers to reimburse Frederick County Public Schools for its cost of creating the September 30 report data related to Stephenson Village. This additional proffer payment will be provided to Frederick County by the Applicant within 30 days of receipt of the September 30 report produced by Frederick County Public Schools. If the reported number of Frederick County Public School students generated by Stephenson Village exceeds the cumulative total of 60 students per year (9/30/03 =60, 9/30/04 =120, etc.), the Applicant shall pay an additional proffer payment of $3,925 as assessed by Frederick County for each Frederick County Public School child that exceeds the cumulative total. The additional proffer payment will be adjusted every two years by the Consumer Price Index. B. Limitation on Permits (1) Calculation The active adult housing units and the affordable housing for the elderly have been removed from the restrictions imposed by the phasing plan and are not part of the following phasing plan formula nor will they be included in the yearly building permit tracking system. The overall density cap for Stephenson Village is 2,465 units, exclusive of the affordable housing for the elderly. Once the planned number of active adult housing units and the affordable housing for the elderly have been removed, the adjusted total number of units subject to phasing restriction is 1,665. The phasing allowed quantities shall be limited to 8% per year on a cumulative yearly basis beginning with the date of approval of this rezoning based on the following formula: (2,465 — 800 to 1,300 range of age restricted units) x 8% + unused permits from prior year(s) = maximum non -age restricted permits for current year Any units not used in a given year shall be carried forward USES DENSITY AND MIX OF HOUSING TYPES: A. (1) The Applicant shall develop a mix of housing unit types to include those single - family detached, townhouse and multifamily housing unit types described in the Land Bay Breakdown Table in §3A(2) and further described in §21of this proffer statement. Each of the housing unit types in the R4 District, Section 165 -67 of the Frederick County Zoning Ordinance, is either a single - family dwelling, townhouse or multifamily unit type. For purposes of this Proffer, all of the above housing types shall be referred to as Mixed Residential. The following list could be used as they currently exist within the R-4 portion of the zoning ordinance. Page 4 September 3, 2003 (2) The following list of Land Bays within the Land Bay Breakdown Table sets forth the development parameters on the Property and is consistent with the proffered Generalized Development Plan identified as Exhibit A: LAND BAY BREAKDOWN LAND LAND USE ACREAGE % OF TOTAL BAY HOUSING UNIT TYPES MIN. MAX. I ELEMENTARY SCHOOL 20 Ac. NA NA II COMMUNITY PARK 24 Ac. NA NA (6 baseball fields & 6 soccer fields) III MIXED RESIDENTIAL 475 Ac. CONVENIENCE COMMERCIAL/DAYCARE 7 Ac.* NA NA SFD 30 53 (Housing Unit Type 1,2,4,5, RP District SFD & Active Adult) TOWNHOUSE 10 30 (Housing Unit Type 6 & RP District Townhouse) MULTIFAMILY 7 30 (Condominiums, Elderly Housing, Housing Unit Type 3 & RP District Duplex, Multiplex, Atrium & Active Adult) IV ACTIVE ADULT 126 Ac. 30 53 SFD (Housing Unit Type 1,2 &5) Multifamily (Condominiums, Elderly Housing, Housing Unit T pe 3) V COMMERCIAL CENTER 26 Ac.* NA NA (Commercial Retail, Office & Public Service Satellite Facility) The actual acreage identified for each Land Bay is based on the bubble diagram calculated on the proffered Generalized Development Plan and may fluctuate within 5% of the total acreage based on final survey work. Page 5 Land Bay Breakdown_ Notes September 3, 2003 (1) The above table represents the ranges for the referenced housing types as proposed. The final mix will not exceed the 2,465 -unit cap, exclusive of the affordable housing for the elderly (Section 11) and will be comprised of house type combinations representing a mixture identified in the table. The minimum and maximum percentages established apply to the general categories of single family, townhouses, multifamily and active adult units and are not intended to pertain to any one housing type in those categories. The housing unit type maximum percentage for the general categories of single family, townhouse, multifamily and active adult will not exceed the percentages identified in the table and will not exceed the total unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11) based on any combination. *(2) The total commercial area will be a minimum of 4 % of the gross site area or 33 acres and will be located within Land Bays III and V. (3) The Hiatt Run Corridor and the Wetlands Intermittent Ravine Channel are approximately 125 acres. The remaining 113.5 acres of required open space will be provided within Land Bays I, II, III and IV. (4) The Applicant reserves the right to convert more of Land Bay III to active adult or affordable housing for the elderly. In no case shall the percentage of active adult or affordable housing for the elderly exceed 53% of the total unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11). B. For purposes of calculating density pursuant to the Frederick County Zoning Ordinance, all dedications and conveyances of land for public use and/or for the use of the development or any Homeowners Association shall be credited in said calculations. C. There shall be a unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11) on the subject property. D. In order to preclude unwanted industrial and heavy commercial uses, all land uses within the B -3 District and the M -1 District shall be prohibited, unless otherwise permitted in the RP District, the B -1 District or the B -2 District. In no case shall truck stops be permitted within Stephenson Village. 4. APPLICANT TO PAY 100% OF CAPITAL FACILITY IMPACTS The Frederick County Capital Facilities Fiscal Impact Model was applied to the Stephenson Village rezoning on January 9, 2003. The results of this model run demonstrate a fiscal impact to capital facilities in the amount of $5,327 per residential unit. Page 6 September 3, 2003 The Applicant will pay 100% of these impacts through monetary contributions and land donations to Frederick County, unless otherwise specified by the proffer. The parties agree that the value used for the land donations of $30,000 per acre is appropriate and acceptable. These monetary contributions provide for the capital facilities impacts created by Stephenson Village and shall be paid at the time of building permit issuance for each unit. The monetary contribution will be adjusted every two years by the Consumer Price Index — All Urban Consumers (Current Series) See example at the end of this section. The Applicant will pay for active adult units a 50% premium on proffer fees for fire and rescue over and above the Frederick County Capital Facilities Fiscal Impact Model to cover any increased service demand; similarly, the applicant will pay for affordable apartment units for the elderly a 100% premium. However, these age- restricted units will not include monetary proffers for various capital facilities, such as schools, that they do not impact. The per unit monetary proffer for single family, townhouse and multifamily provides for: ,/$3,925.00 for Frederick County Public Schools ($4,135 per model less $210 for land donation) ,1 $635.00 for Frederick County Parks and Recreation ($889 per model less C $254 for land donation) i $400.00 for Frederick County Fire and Rescue $145.00 for Public Library .$152.00 for Administration Building The per unit monetary proffer for active adult units provides for: $635.00 for Frederick County Parks and Recreation ($889 per model less $254 for land donation) $400.00 for Frederick County Fire and Rescue 200.00 50% Premium $600.00 Total for Frederick County Fire and Rescue $145.00 for Public Library $152.00 for Administration Building The per unit monetary proffer for the affordable housing for the elderly provides for: $400.00 for Frederick County Fire and Rescue 400.00 100% premium $800.00 Total for Frederick County Fire and Rescue Should the index as currently published by the U. S. Bureau of Labor Statistics cease to be published then the most nearly comparable index shall be used. Page 7 September 3, 2003 The following is an example of how the adjustment for inflation will be made. Consumer Price Index —all Urban Consumers (Current Series) 1982 -84 =100 2003 Index (upon approval) estimated 183.00 2005 Index (two years) estimated 225.00 2005 Index 2003 Index X Proffer Amount = Revised Proffer Amount 183 X $5,327 = $6,550 5. MATCHING FUNDS FOR TRANSPORTATION ENhIANCEMENTS AND /OR HERITAGE TOURISM: In consideration of the approval of rezoning application # 06 -03 the Applicant shall contribute $75,000 in matching funds to Frederick County to be utilized for transportation enhancements and/or for the promotion of heritage tourism. The money will be made available to Frederick County within 30 days of receipt of a written request for said funds by the Frederick County Board of Supervisors or their authorized agent. 6. MONETARY CONTRIBUTION TO CLEAR BROOK VOLUNTEER FIRE AND RESCUE, INC: To further mitigate the impact on fire and rescue services, the Applicant will pay to Clear Brook Volunteer Fire and Rescue Inc. the sum of $200,000.00 for its general fund. This is over and above the monetary contributions to Frederick County Fire and Rescue identified in §4 of this proffer statement. This amount will be payable as follows: $50,000.00 to be paid not later than nine months after zoning approval. $50,000.00 to be paid within thirty (30) days of the issuance of the 500`" building permit in Stephenson Village but not later than December 31, 2008. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,000` building permit in Stephenson Village but not later than December 31, 2013. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,500`" building permit in Stephenson Village but not later than December 31, 2018. Page 8 September 3, 2003 7. MULTI -MODAL TRANSPORTATION IMPROVEMENTS A. The following are improvements the Applicant will make to roads within the Property: (1) Major Collector Road (a) Pursuant to Section 7F (2), 7F (4) and 7F(5) of this proffer statement, the Applicant shall dedicate an 80 foot right of way and construct the Major Collector Road from Old Charles Town Road through Stephenson Village, and the properties currently owned by McCann and Omps to U.S. Route 1 I (Martinsburg Pike) in accordance with existing agreements executed between all parties to insure conformance with the Frederick County Comprehensive Plan. The width and configuration of all travel lanes, medians and other elements of the major collector road shall be provided by the Applicant as determined by VDOT. (b) The Applicant shall provide landscaped areas along, within, and/or adjacent to each side of the Major Collector Road in accordance with § 22 -A of this proffer. (c) When the Major Collector Road is finally completed as a four lane divided boulevard, the median will be naturally vegetated with a combination of both woodland conservation areas and grassed areas supplemented with landscape plantings. If approved by the Virginia Department of Transportation (VDOT), all plantings, other than those in woodland conservation areas, will be installed by the Applicant and will have a maintenance agreement between VDOT and the Applicant which will transfer to the Homeowners Association of Stephenson Village (HOA) to cover all mowing, weeding, pruning, plant replacements, and irrigation maintenance responsibilities. Irrigation systems within the right -of -way will be designed as a separate system to allow the portion of the irrigation system falling within the right -of -way to be terminated if necessary without affecting the overall system. (d) The Applicant shall provide bicycle lanes within the Major Collector Road right of way over the property to be rezoned that are four feet in width and are contiguous with the outside travel lanes of the Major Collector Road and are properly marked and signed. (e) The Applicant shall prohibit individual residential and commercial entrances from intersecting Milburn Road (Route 662) and further proffers that the Major Collector Road will be the only road crossing of Milburn Road. Page 9 September 3, 2003 (2) Interparcel Connections The Applicant agrees to provide interparcel connections between land bays within the Property at the time the respective land bays are developed and to the extent reasonably possible. (3) Private Streets Alleys and Common Drives (a) The Applicant shall provide for a gated community entrance for the active adult portion of the overall community and shall serve the active adult community with a complete system of private streets. The cross sectional dimension of pavement thickness and compacted base thickness will meet or exceed the public street pavement section standards utilized by VDOT. (b) Where private alleys are utilized, the Applicant will provide one -way alleys within a sixteen -foot (16') wide easement having twelve feet (12') of pavement with a two foot (2') shoulder on both sides of the pavement throughout the entire community. All private alleys, which intersect other private alleys at 90 degree angles or have turns at 90 degree angles shall provide for a minimum turning radius of 25 feet. Private alleys, intersection, public or private streets, shall provide curb cuts extending two feet beyond the paved edge of the standard alley width. (c) Where private alleys are utilized to serve housing types that front on private streets the Applicant shall provide for a minimum travel aisle width of 24 feet for the private street. The 24 foot travel aisle shall be in addition to on street parking designed for the private street. (d) When Housing Unit Type 4 (courtyard cluster) is developed, the common drive shall meet the following standards: (i) A minimum width of 20 feet (ii) A minimum depth of pavement section shall be a four inch compacted stone base and six inches of concrete or equivalent material. (iii) A "No Parking" sign shall be posted at the entrance to the courtyard. (iv) A fire hydrant shall be provided at the entrance to each comer drive to the courtyard clusters. When common drives are adjacent to or across the street from other courtyard cluster common drives, only one hydrant shall be required. (v) Visitor parking areas will be provided outside of the courtyard cluster common drive area. Page 10 September 3, 2003 B. The applicant has acquired easements and/or rights of way over the properties currently owned by McCann and Omps for the purpose of dedicating and constructing the Major Collector Road and for improvements along the south side of Old Charles Town Road from Route 11 north to the CSX railroad. The Applicant will acquire any additional rights -of -way and/or easements for all off -site transportation improvements proffered hereinafter. In the event the Applicant is not able to acquire any of the said rights -of -way and/or easements, Frederick County agrees to attempt to acquire such rights -of -way and/or easements by appropriate eminent domain proceedings at the request of Applicant and Applicant shall be responsible for all payments made to property owners for rights -of -way and/or easements so acquired. In the event that neither the Applicant nor Frederick County successfully obtains the required rights -of -way or easements for the offsite transportation improvements as required by the traffic study, the Applicant shall be permitted to continue with the development as proposed without any further requirement of right -of -way or easement acquisition or improvement. C. The Applicant will install full size entrance improvements with right and left turn lanes, in accordance with Virginia Department of Transportation design guidelines, at the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community during the first phase of development. D. The Applicant will execute a signalization agreement with the Virginia Department of Transportation for the intersection of U.S. Route 11 and Old Charles Town Road. Additionally, the Applicant will construct full size entrance improvements with both a right turn lane and left turn lane on Old Charles Town Road, and a right turn lane on U.S. Route 11 at said intersection. These improvements will be installed in accordance with the Virginia Department of Transportation design guidelines when warranted by VDOT. E. The Applicant will execute a signalization agreement with the Virginia Department of Transportation for the intersection of Old Charles Town Road and the Maj or Collector Road serving as the entrance to the Stephenson Village Community. The Applicant will provide for the signalization at the intersection of Old Charles Town Road and the Major Collector Road based on the terms of this agreement when warranted by the Virginia Department of Transportation. F. The Applicant will design and construct a four -lane boulevard Major Collector Road for the Stephenson Village Community in substantial conformance with the proffered Generalized Development Plan. The Major Collector Road will be constructed in two phases. The first phase will be a two -lane half section that is constructed from Old Charles Town Road to the limits of the development as depicted on the approved Master Development Plan. This phase of the Major Collector Road will be constructed and bonded in segments in accordance with the approved Subdivision Design Plan for Stephenson Village. The second phase of the Major Collector Road will provide for the ultimate four -lane section with appropriate right and left turn lanes based on the following program: (1) The design of the transportation improvements identified in Sections 7(F)2- 7(F)5 of this proffer statement will begin when 80% of the actual traffic count volume is Page 11 September 3, 2003 realized as identified in each Section. The completion of the improvements specified in each Section will occur within 18 months of initial design. (2) Once actual traffic counts of 7,996 vehicle trips per day have been documented on the Major Collector Road, the Applicant will bond and commence construction of the additional lanes to the existing Major Collector Road to its ultimate four -lane section from Old Charles Town Road to the limits of the Major Collector Road within the development. (3) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a three -lane section of Old Charles Town Road, from the Entrance to Stephenson Village to U.S. Route 11 using the existing bridge. (4) Once the actual traffic count reaches 17,699 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a two lane half section of the Major Collector Road from the limits of the four -lane section to U.S. Route 11 at the Rutherford Farm Industrial Park intersection to include right and left turn lanes on the east side of U.S. Route 11 as determined by VDOT. The Applicant agrees to enter into a signalization agreement with VDOT at the U.S. Route I I/Rutherford Farm Industrial Park intersection if traffic signalization is not otherwise provided at that time. Traffic counters will be installed at the southwestern entrance to Stephenson Village on the property as part of this improvement. (5) Once the actual traffic count at the southwestern entrance to Stephenson Village near the Rutherford's Farm Industrial Park intersection reaches 7,996 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of the remaining additional lanes to the existing Major Collector Road from the limits of the four -lane section to provide for the ultimate four -lane section ending at the east side of U.S. Route 11. G. The Applicant will provide $50,000 that shall be utilized as matching funds by VDOT and/or the County of Frederick for future improvements to the Interstate 81/U.S. Route 11 interchange at Exit 317. This dollar amount is intended to assist VDOT and the County of Frederick with this regional improvement. The $50,000 will be made available to VDOT or to the County of Frederick, within 30 days of written request for said funds by the appropriate party. SCHOOL AND BALLFIELD SITES, COMMUNITY FACILITIES AND PUBLIC USE AREAS A. School Site The Applicant shall dedicate 20 acres of land to the Frederick County School Board for use as a public school site which shall count towards the overall Page 12 September 3, 2003 open space requirement for the development. Said site will occur within the general location identified as Land Bay I on the Generalized Development Plan (Exhibit A), adjacent to Old Charles Town Road, which will allow direct access to the site for citizens living outside of Stephenson Village. The Applicant will allow access for Stephenson Village residents to the site from a local neighborhood street, and will provide access to water and sewer at a point reasonably acceptable to the School Board of Frederick County, Virginia, along the property boundary, at the time the adjacent land bays are developed. The Applicant shall convey said school site not later than six months after it is requested by Frederick County or its designee in writing, at no cost. B. Soccer and Baseball Field Site: (1) The Applicant shall dedicate 24 acres of land to Frederick County or such other entity as Frederick County designates and as more specifically set forth below which, when combined with school ball fields, will be used for 6 soccer fields and 6 baseball fields as shown on the layout for School/Park Site (Exhibit C, graphic for illustrative purposes only), which shall count towards the overall open space requirement for the development. Said site will occur within the general location identified as Land Bay 11 on the Generalized Development Plan (Exhibit A), adjacent to Old Charles Town Road, which will allow direct access to the site for citizens living outside of Stephenson Village. The Applicant will allow access for Stephenson Village residents to the site from a local neighborhood street and will allow access to water and sewer at a point reasonably acceptable along the property boundary, at the time the adjacent land bays are developed. The Applicant shall convey said soccer and baseball field site, not later than six months after it is requested by Frederick County or its designee in writing, at no cost. (2) Frederick County at its sole discretion may convey or lease its ownership interest in the soccer and baseball field sites to a corporation, trust or other entity which incorporates the direction of both the public and private sectors to provide recreation opportunities for the public. C. At the time the school and soccer and baseball fields sites are deeded to the County, the Applicant shall provide, at the Applicant's expense, a boundary survey and shall stake the comers of each site. Before Frederick County assigns or conveys any ownership interest in the Property conveyed herein by the Applicant to any third party, including, but not limited to the School Board of Frederick County, Virginia, the third party will execute an agreement in recordable form which is satisfactory to the applicant which will provide and confirm that said third party agrees to be bound by the provisions of this Proffer Statement, including, but not limited to, provisions governing the use of the Property to be conveyed and also the application of all restrictive covenants governing the use of the Property and the construction of improvements upon it. By executing this Proffer Statement, Frederick County also agrees to be bound to and comply with the same. Page 13 September 3, 2003 D. Notwithstanding the potential uses of the parcels referenced in subparagraphs A and B above, the Frederick County Board of Supervisors shall have flexibility to determine the specific use located within each land bay dedicated for public use purposes, provided that said uses are one of those listed in subparagraphs A and B. Any other similar types of public uses shall be permitted only with the consent of the Applicant and provided that the use is of an architectural style and uses construction materials that are consistent with the restrictive covenants recorded against the property conveyed. Furthermore, the Frederick County Board of Supervisors agrees that if the public purposes are not constructed or installed, completed and in use on the parcels which are identified in subparagraphs A and B above within ten years of the conveyance from the Applicant, said properties may be purchased by the Applicant for the land value specified in §4 of this proffer statement. The Frederick County Board of Supervisors hereby instructs and empowers its County Administrator to execute such other deeds or documents, which shall be required to effect the terms of this provision. E. The Applicant reserves the right to retain temporary and permanent grading, slope, utility, drainage, storm water management and access easements on all public use parcels which are dedicated to the Frederick County Board of Supervisors or the School Board of Frederick County, Virginia, provided said easements do not preclude reasonable use and development of the property for the intended purpose. RECREATIONAL AMENITIES AND LINEAR PARK A. Recreational Center The Applicant shall construct one (1) recreation center within the Land Bay identified as Land Bay III as shown on the Generalized Development Plan (Exhibit A), for the use of the residents of the Property and as determined by the Home Owners Association. The Applicant shall have the sole and absolute right to determine within said land bay, where the facility shall be located. The Applicant shall designate the location of the above facility on the Master Development Plan. The recreational center shall include a bathhouse and a 6 -lane, 25 -meter competition swimming pool. The facility will be fully bonded prior to the issuance of the first building permit. Work on this facility shall commence prior to the issuance of the 250`" non -age restricted building permit and be completed prior to issuance of the 800`" building permit for the non -age restricted housing products. B. Active Adult Recreational Center The Applicant shall construct one (1) recreation center within one of the Land Bays identified as shown on the Generalized Development Plan, for the private use of the residents of the Active Adult Community. This facility will be fully bonded prior to the issuance of the first building permit in the th Active Adult Community. Work on this facility shall commence prior to the issuance of the 150 building permit and be completed prior to issuance of the 350"' building permit in the Active Adult Community. Page 14 C. Pedestrian Trail Sidewalk System September 3, 2003 The Applicant shall construct a pedestrian trail or sidewalk system, which connects each recreation area to the surrounding neighborhood. The final location and the granting of any such easements and/or trails shall be at the subdivision design plan stage. Such trails or sidewalk system shall be constructed of stone dust or wood chips or such other materials selected by the Applicant provided they are not part of the sidewalk system within the public right -of -way. D. Linear Park Trail A twenty -foot (20') wide trail easement shall be dedicated to Frederick County Parks and Recreation. The location is to be determined by the Applicant and a trail system plan shall be submitted by the Applicant for evaluation by the Frederick County Parks and Recreation Department. The trail shall be provided within the Hiatt Run Corridor and run the length of said corridor on the subject property for 3,800 +/- linear feet as shown on the proffered General Development Plan (Exhibit A). The Applicant shall convey said easement after development of adjoining parcels, or reasonable access is provided, and not later than six months after it is requested by Frederick County Parks and Recreation in writing at no cost to Frederick County or Frederick County Parks and Recreation. Any area so dedicated shall be included in the calculation of required open space, and shall entitle the Applicant to recreational credit units for the value of the construction of the trail and dedicated land. The Applicant reserves the right to retain temporary and permanent grading, utility, sewer force main, slope, storm water management, construction and drainage easements within said dedicated area, although only temporary easements shall be retained as needed for the construction by the Applicant of the six -foot wide asphalt or concrete trail described herein. The asphalt or concrete trail at the discretion of the Frederick County Parks and Recreation Department may be changed to other surface materials in an effort to promote low impact development techniques. Construction of said trail by the Applicant is contingent upon the proposed trail being allowed by all applicable County and State ordinances, and limitations due to terrain and constructability considerations. In the event that the public linear park trail is unable to be constructed due to County or State ordinances, the Applicant shall develop the linear park trail as a private trail system for the use of the residents of Stephenson Village. This private linear park trail shall count towards the open space and recreational amenities requirements for Stephenson Village and will be constructed of similar materials and standards identified in section 9C of this proffer statement. 10. ACTIVE ADULT AGE - RESTRICTED HOUSING A. Applicant agrees that the following language shall be included in the deeds conveying real property designated as age- restricted housing on that portion of the property. At least eighty percent (80 %) of the occupied residential units shall be occupied by at least one person fifty -five (55) years of age or older and within such units the following conditions shall apply: Page 15 September 3, 2003 (1) All other residents must reside with a person who is fifty -five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty -five (55) years of age or older. Notwithstanding this limitation, a person hired to provide live -in, long term or terminal health care of a person who is fifty -five (55) years of age or older for compensation shall also occupy a dwelling during any time such person is actually providing such care. (2) Guests under the age of fifty -five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. (3) If title to any lot or unit shall become vested in any person under the age of fifty -five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or reversion of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he /she shall have attained the age of fifty -five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. B. A maximum of twenty percent (20 %) of the occupied age- restricted residential units shall be allowed to be occupied by at least one person fifty (50) years of age or older and within such units the following conditions shall apply: (1) All other residents must reside with a person who is fifty (50) years of age or older, be a spouse, a cohabitant, an occupant's child eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty (50) years of age or older. Notwithstanding this limitation, a person hired to provide live -in, long term or terminal health care to a person who is fifty (50) years of age or older for compensation shall also occupy a dwelling during any time such person is actually providing such care. (2) Guests under the age of fifty (50) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. (3) If title to any lot or unit shall become vested in any person under the age of fifty (50) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenant shall not work a forfeiture or reversion of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he /she shall have attained the age of fifty (50) or otherwise satisfied the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. Page 16 September 3, 2003 (4) The above - described use restrictions shall be amended from time to time in accordance with applicable local and state regulations governing age restricted housing and the Federal Fair Housing Act so long as the substantive intent as set forth herein is maintained. In no event shall the minimum age of residents be less than the ages set forth hereinabove. C. Applicant agrees that the language in this Section or such other language as may be necessary to comply with the requirements to qualify as Housing for Older Persons under the Federal Fair Housing Act and the Fair Housing Act of Virginia shall be included in the deeds conveying real property designated as age- restricted on that portion of the property. 11. AFFORDABLE HOUSING FOR THE ELDERLY Subject to the provisions of this proffer statement, the Applicant will develop and build apartment units to provide much needed affordable housing for the elderly. The Applicant will comply with the necessary requirements to qualify these apartment units for the "Housing for Older Persons" exception to familial status discrimination as allowed under the Federal Fair Housing Act and the Fair Housing Act of Virginia. The construction of these apartment units will begin after at least 50 percent of the retail space has been developed, provided that the approval of appropriate federal and state housing authorities is obtained, and the project qualifies for the Multi - Family Loan Program and the Low Income Housing Tax Credit Program or equivalent. In the event that funding for the affordable housing for the elderly is not obtained, the Applicant proffers to reapportion those units to the active adult community housing units. 12. PRESERVATION OF HISTORICAL AND CULTURAL RESOURCES A. Byers house The Byers house will be preserved as deemed appropriate by the Applicant. B. Cemeteries Prior to commencement of any earth disturbing activity in any section of the Property, the applicant shall mark and identify any cemeteries which may be located there. In the event any onsite cemeteries are found, the applicant shall preserve those cemeteries in accordance with all County and State regulations. 13. COMMERCIAL CENTER: The Applicant has identified an area as.shown on the Generalized Development Plan (Exhibit A) for a commercial center that will be developed at a time to be determined by Applicant. Within the commercial center development, the following shall be provided: A. The Applicant shall provide for all turn lanes and traffic signalization on the Major Collector Road serving the commercial center as warranted by VDOT. The Page 17 September 3, 2003 Applicant shall conduct traffic impact analysis studies for each commercial site plan submitted to Frederick County that will be reviewed and approved by VDOT to determine when these improvements are warranted. A traffic signalization agreement will be executed with VDOT by the Applicant to ensure that commercial uses developed prior to the warrants for traffic signalization contribute their pro -rata share for this improvement. B. The Applicant shall record architectural and design restrictive covenants for the commercial center and shall submit a copy to the Frederick County Planning Director and the Frederick County Building Official with the first site plan within the commercial center. Said covenants shall provide for the establishment of an architectural review board for the purpose of review and approval of all architectural elevations and signage for all commercial uses to assure a continuity of overall architectural appearances within the entire commercial development. C. The Applicant shall ensure that all commercial site plans submitted to Frederick County for the commercial center are designed to implement best management practices (BMP) to promote storm water quality measures. A statement will be provided on each commercial site plan identifying the parry or parties responsible for maintaining these BMP facilities as a condition of site plan approval. D. The areas within the commercial center that are not required to be graded or cleared for the implementation of all approved site plans will remain undisturbed. One -way travel aisles will be utilized where practical to reduce the impervious areas of parking lots within the commercial center. E. The Applicant shall provide for a maximum of 250,000 square feet of commercial land use in Stephenson Village. The majority of the commercial land use will be located within the commercial center identified on the Generalized Development Plan (Exhibit). The development of smaller areas of commercial land use will be allowed in other areas of Stephenson Village. These commercial land use areas will be provided on the detailed Master Development Plan associated with the development of Stephenson Village. F. The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center. The development of 60,000 square feet of commercial space will begin within the commercial center no later than the issuance of the 1,200 non -age restricted residential building permit with completion of this commercial space within 18 months. The Applicant will be allowed to extend the commencement of commercial construction for an additional two year period if any one of the following circumstances has occurred: An elementary school has not been constructed on the Property; or a building permit is obtained for the development of a new grocery store within a three mile radius of commercial center within Stephenson Village. Page 18 14. RENT FREE COUNTY OFFICE SPACE: September 3, 2003 The Applicant shall provide up to 2,500 square feet of shell space for a 10 year period rent free exclusive of utility and common area maintenance (CAM) charges in the commercial center for the location of a Public Service Satellite Facility for Frederick County. The shell space shall be made available and commence upon the completion of the base building in which the space is located. Frederick County must complete build out and occupy the space within two (2) years of the completion of the base building. If Frederick County fails to build out and occupy the space within the two (2) year period then the space will revert to the Applicant. 15. COMMUNITY DESIGN FOR A STRONG SENSE OF PLACE A. Design The Applicant agrees to provide an overall continuity of design within the community by means of selecting standards for the following elements, which will be uniformly specified and applied over the entire project: • Custom fixture street lighting program. • Custom mailbox design • Standardized common area fencing style and color • Standardized private residential fencing styles and color • Community color selections to create neighborhood theme • Uniform site furnishing selection (benches and trash receptacles) • Custom designed street signage and stop signage • Landscaping at the entrance monuments, along the collector road buffers and within the medians selected to provide for a repetition of the neighborhood flower color scheme and theme trees throughout the community The Applicant agrees to utilize innovative design techniques and quality design for the recreational center and bathhouse, common area landscaping, site design, and architectural design. B. Architecture (1) The architectural styling of Housing Unit Types 1 through 4 shall be constructed in accordance with the Housing Unit Types Exhibit(s) proffered herein. Housing Unit Types 5 and 6 shall be compatible with Housing Unit Types 1 through 4. (2) Access to garages by the use of alleys shall be allowed on Housing Unit Types 1 (Carriage House), 3 (Cottage House), 5 (Modified Single - Family Small Lot, and 6 (Modified Townhouse). Page 19 September 3, 2003 (3) Specific architectural elements that are allowed on Housing Unit Types, to include Housing Unit Types 5 and 6 shall include, but are not limited to, the use of peaked roofs, gables, chimneys, balconies or decks, porches and/or garages. C. Housing Unit Type 3 (Cottage House) and Unit Type 4 (Courtyard Cluster) (1) Decks and Patios All deck planks shall be Class I (A) fire rated composite lumber or approved equal of a standardized color to be selected by the Applicant. A maximum of two styles of deck railing shall be used on all decks and shall be made of the same composite lumber and the same matching color selection. (2) Fire Protection System Courtyard Cluster and Cottage houses will have a 13 -D sprinkler system in the home and the garages. D. Lightin Any exterior lighting of individual homes or common use recreation areas shall be directed downward and inward on the site to reduce glare on adjacent properties, the public and/or private right -of -way, and upward stray illumination. E. Architectural and Design Covenants Stephenson Associates, L.C. shall develop architectural and design covenants for the overall community. Said covenants will establish an architectural review board for the purpose of review and approval of all architectural elevations, exterior architectural features (fences, railings, walls and decks) for all uses within Stephenson Village, as well as any publicly provided structures located on sites dedicated for public use. These covenants are intended to assure a continuity of overall architectural appearance, quality material selection, and a cohesive color palate for all structures within the entire development. 16. ENVIRONMENTAL FEATURES AND HABITAT PRESERVATION: A. Environmental Features and Easements (1) Significant wildlife habitats shall be identified and preserved by the Applicant with technical assistance from the Virginia Department of Game and Inland Fisheries (VDGIF). Wildlife or bird habitats shall be further Page 20 September 3, 2003 enhanced by providing native plantings selected to encourage feeding areas while reestablishing forest in and around environmentally sensitive areas. (2) The Applicant shall limit the clearing and grading on each lot to the area needed for structures, utilities, access and fire protection to maximize tree save areas. (3) Unbuildable wetlands, unbuildable floodplains, and unbuildable steep slopes shall be designated and shall be subject to the following: (a) Grading Protection of steeply sloped areas will be provided by the Applicant as follows: clearing and grading will not occur on any slopes of twenty five percent (25 %) or greater, except for trails, road crossings, utilities, drainage and storm water management facilities. (b) Floodplain Areas Development within floodplain areas shall be limited to the public Linear Park Trail system to include the trail, pedestrian bridges, benches and signage. (c) Buffers and Conservation Easements (i) Buffer and Conservation Easements A one - hundred foot (100) wide nondisturbance buffer shall be provided outside of any platted lot immediately adjacent to Hiatt Run and the Wetlands Intermittent Ravine Channel. (ii) Conservation Easements/Floodplain A twenty -foot (20) wide buffer shall be provided outside of any platted lot immediately adjacent to the 100 -year floodplain. The ten feet (10) adjacent to the floodplain shall be undisturbed. The ten feet (10) adj acent to the lots may be disturbed and, if disturbed, shall be re- vegetated by planting trees equal to the number of trees in excess of six inches (6 ") caliper removed by the disturbance, OR at the rate of 50 (2" caliper) trees per acre of disturbance, at the option of the Applicant. (iii) The above disturbed and undisturbed buffers as well as conservation easements not located within a platted lot and/or parcel shall be part of the common areas owned by the Homeowners Association(s). Covenants to be created as part of the Homeowners Association(s) documents shall provide for maintenance of said areas by the Homeowners Association(s). (4) Resource protection areas are identified for the Hiatt Run Corridor and the Wetlands Intermittent Ravine Channel that are further identified on the Generalized Development Plan. These resource protection areas contain various environmental features and provide different resource management plans for their treatment and protection by the Applicant. Page 21 B. Hiatt Run Corridor September 3, 2003 (1) The Hiatt Run Corridor shall be considered a resource protection area. Clearing and grading by individual lot owners is prohibited within this zone. (2) A one - hundred foot (100') foot non - disturbance buffer shall be provided outside of any platted lot adjacent to the Hiatt Run Corridor and shall serve as the clearing limit for all lots that border the Hiatt Run Corridor as measured from the center line of the stream. (3) A minimum buffer of twenty feet (20') shall border all wetland preservation areas. Clearing and grading by individual owners is prohibited within this buffer. (4) Native plants and cluster trees will be preserved and/or reforested in accordance with the Forest Management Plan along the south side of the Hiatt Run Corridor. (5) Wildlife or bird habitats will be further enhanced by providing native plantings selected to encourage feeding areas while reestablishing forest in and around environmentally sensitive areas including steep slopes, woodlands and flood plain areas along the north side of the Hiatt Run Corridor. The planting plan along the north side of the Hiatt Run Corridor will be created with technical assistance from VDGIF and the Lord Fairfax Soil and Water Conservation District. C. Wetlands Intermittent Ravine Channel: The Wetlands Intermittent Ravine Channel shall be considered a resource protection area. Restrictive covenants recorded against the property will provide that clearing and grading by individual lot owners is prohibited within this zone. The Wetlands Intermittent Ravine Channel will be further enhanced, by providing native plantings, to establish an upland buffer. The planting plan for this upland buffer will be created with technical assistance from VDGIF and the Lord Fairfax Soil and Water Conservation District. D. Forest Management Plan: (1) The Forest Stewardship and Management Plan will be created with technical assistance from the Department of Forestry. Native plants and cluster trees will be preserved and/or reforested in accordance with the Forest Management Plan. Page 22 September 3, 2003 (2) Existing ponds will be identified and, if beneficial and appropriate, shall be used as storm water management facilities. In addition, the Applicant shall establish additional ponds on the site wherever possible and in such locations as the Applicant directs. The ponds shall be located and designed to promote water infiltration on the site. A minimum area of twenty feet (20') wide surrounding each such pond shall be developed as a park setting. (3) The Forest Management Plan will be created with technical assistance from the Department of Forestry. E. Environmental Utility / Road Impacts Construction of utilities, roads, trails, bio- retention areas, or wetlands creation shall be allowed within the environmental features listed in § 16A -§ 16D of this proffer statement. Any construction of the above listed items will use low impact construction methods such as 90- degree crossings, minimal soil, and tree disturbances. When linear utility impacts such as force mains or transmission lines are required low impact construction techniques will be utilized. F. Implementation of Enhancements and Amendments The Applicant shall provide the location of the resource protection areas as a component of the Master Development Plan. Information pertaining to proposed enhancements and amendments to the resource protection areas shall be included as narratives of the Master Development Plan to ensure that these treatment measures will be implemented. 17. COMMUNITY CURBSIDE TRASH COLLECTION A. The Applicant shall see that the properties within Stephenson Village shall be serviced by a commercial trash pickup and waste removal service. Said service shall provide curbside trash removal unless otherwise provided by Frederick County, for all residential uses and dumpster disposal for all high- density residential uses and commercial uses. Waste and trash removal services shall not dispose of trash and waste at any Frederick County Citizen Convenience Center. The Applicant shall be relieved of its obligations to see to the performance of this Proffer by assigning all of its obligations to a Homeowners Association for any portion or all of the development. B. Notwithstanding the above, Applicant shall locate dumpster sites as unobtrusively as possible. The area immediately surrounding each dumpster site shall be planted with vegetation similar to or identical to that planted in the median open vegetated areas, including, but not limited to, deciduous trees and evergreen shrubbery in addition to the required fence and gate enclosure. Page 23 September 3, 2003 18. WATER AND SEWER IMPROVEMENTS IN THE STEPHENSON AREA: A. The Applicant shall dedicate land to be utilized for the location of a regional pump station as determined by the Frederick County Sanitation Authority (FCSA) in an area that is mutually agreed upon by both parties. B. The Applicant shall construct a pump station in conformance with the Frederick County Sanitation Authority Route 11 North Sewer and Water Service Area Plan as required to serve the Property and shall dedicate the pump station to the Frederick County Sanitation Authority (FCSA) for operation and maintenance. The pump station shall be constructed and operational prior to the first occupancy permit in Stephenson Village. C. The Applicant shall construct water and sewer lines in conformance with the Frederick County Sanitation Authority Route 11 North Sewer and Water Service Area Plan as required to serve all private land uses within Stephenson Village and shall dedicate the applicable water and sewer lines to FCSA for operation and maintenance. Furthermore, the applicant shall provide water and sewer lines of adequate size to the property line for all publicly dedicated properties. 19. COMPREHENSIVE PLAN CONFORMITY By accepting and approving this rezoning application, the Frederick County Board of Supervisors authorizes the location and provision of those public uses and facilities specifically referenced on the Generalized Development Plan, in this Proffer Statement, and the extension and construction of water and sewer lines and facilities and roads necessary to serve this Property pursuant to the Virginia Code Section 15.2 -2232 and the Frederick County Code. The general area of location for these uses and facilities are as shown on the Generalized Development Plan with the exact locations to be determined based on final engineering and as approved by Frederick County. Acceptance of this Proffer Statement constitutes approval of the public uses and facilities and their general locations and thereby accepts said uses and facilities from further Comprehensive Plan conformity review. 20. CREATION OF HOMEOWNERS ASSOCIATION(S A. Creation of Association(s A homeowners association or more than one homeowners association ( "HOA ") shall be created and shall be made responsible for the review and approval of all construction within the development to insure that all design standards for the Stephenson Village Development are satisfied and for the maintenance and repair of all common areas, together with such other responsibilities, duties and powers as are customary for such associations or as may shall be required for such HOA herein. Page 24 B. Additional Responsibility September 3, 2003 In addition to such other responsibilities and duties as shall be assigned; the HOA shall have title to and/or responsibility for: (1) All common open space including storm water facilities areas not otherwise dedicated to public use or maintained by commercial entities. (2) Common buffer areas located outside of residential lots. (3) Residential curbside trash collection. 21. PROFFERED HOUSING TYPES: The following plan(s), exhibit(s) and Housing Unit Types are proffered herein. Each may be altered at the time of final engineering and equivalent Housing Unit Types may be substituted with the approval of the Director of Planning or his/her designee. Any existing or future Housing Unit Type, which is permitted under the R4 Residential Planned Community District, may also be utilized. Housing Unit Types Exhibit(s) prepared by The Land Planning and Design Group, Inc. dated December 2002, listed below and attached hereto as Exhibit B (graphic for illustrative purposes only). The minimum design standards for the following housing types are summarized and listed on the attached chart prepared by Land Planning and Design Group, Inc., dated March 2003 and referred to as Exhibit E — Minimum Design Standards. "Housing Unit Type 1" (Carriage House): Carriage House Illustrative Carriage House Typical Carriage House Landscape Typical "Housing Unit Type 2" (Non -Alley Carriage House): Non -Alley Carriage House Illustrative Non -Alley Carriage House Typical Non -Alley Carriage House Landscape Typical "Housing Unit Type 3" (Cottage House): Cottage House Illustrative Cottage House Typical Cottage House Landscape Typical Page 25 "Housing Unit Type 4" (Courtyard Cluster): Courtyard Cluster Illustrative Courtyard Cluster Typical Courtyard Cluster Landscape Typical "Housing Unit Type 5" (Modified Single Family Detached Lot): Modified Single Family Detached Lot Typical September 3, 2003 "Housing Unit Type 6" (Modified "Townhouse" Attached Dwelling): Modified "Townhouse" Attached Dwelling Typical "Housing Unit Type 7" (Elderly Housing Dwelling): Elderly Housing Dwelling Specifications Elderly Housing Dwelling Illustrative Elderly Housing Dwelling Specifications and Illustrative Design provided in Community Design Modifications Document Other housing types shall be added, if approved, by Frederick County. 22. STREETSCAPE DESIGN AND LANDSCAPING A. The Applicant shall provide landscaped areas on both sides of the Major Collector Road as illustrated on the attached Exhibit D (Typical Major Collector Road Section) dated March 2003 and in accordance with the following: (1) The landscaped area described above is designed to be a scenic urban linear park, which shall contain woodland conservation areas. (Forpurposes of this Proffer, a woodland conservation area shall be defined as an area designated for the purpose of retaining land areas predominantly in their natural, scenic, open or wooded condition.)The woodland conservation area shall have a varying width of no less than fifteen feet. Woodland conservation areas shall be provided where feasible based upon final engineering and design of the development. The Applicant shall provide, within the landscaped area, a mixture of deciduous and evergreen trees, to include native types of trees originally found in this area and replacing any trees removed during development. Such trees shall be planted at the minimum rate of one tree every 40 linear feet along the roadway frontage and shall be planted in clusters rather than a linear pattern. Page 26 September 3, 2003 (2) The minimum planting standard for street landscaping or landscaped areas /woodland conservation areas shall be a mixture of deciduous trees, ornamental trees, evergreen trees, and shrubbery. At the Applicants option, trees and shrubs shall be planted in clusters and shall be planted at an equivalent rate of ten plant units per 40 linear feet of collector street roadway frontage. The plant unit credits are determined as follows: Shade Trees (2" min. caliper) = 10 plant units, Ornamental trees (1.5" minimum caliper) = 5 plant units, Evergreen trees (6' min. height) = 5 plant units, Shrubs (18" minimum height) = 2 plant units. B. The Applicant shall have the option of utilizing landscaped central islands within cul- de -sacs. When landscaped islands are utilized a twenty -eight foot (28') foot paved area shall be provided to accommodate on- street parking and travel aisles. C. Where conditions permit, vegetated open channels shall be used in street right -of- ways for storm water runoff, instead of curb and guttering. D. To the extent possible, stone fines or wood chip trails /paths shall be used instead of asphalt trails /paths. Where practical, such trails /paths shall be located on only one side of each interior road provided sidewalks are not required or practical within the adjacent road right -of -way. 23. COMMUNITY SIGNAGE PROGRAM A. The Applicant reserves the right to construct community entry features including a monument style sign at the entrances to the development in accordance with the following parameters: Such signage shall not exceed two signs per intersection, one occurring on either side of the entrance. The sign panel area shall not exceed 65 square feet per sign, and shall be attached to a wall not to exceed 8 feet in height, excluding piers, which shall be 9.25 feet in height. The wall supporting the signage will not be included in the allowable square footage for the sign panel. B. The Applicant reserves the right to construct neighborhood entry features including a monument style sign at the entrance to each neighborhood in accordance with the following parameters: Such signage shall not exceed two signs per intersection one occurring on either side of the entrance. The sign panel area shall not exceed 40 square feet per sign, and shall be attached to a wall not to exceed 7 feet in height, excluding piers, which shall be 8.25 feet in height. The wall supporting the signage will not be included in the allowable square footage for the sign panel. C. Commercial freestanding business signs shall be monument style with similar design and materials as the community entry feature signs. These commercial freestanding business signs shall be no more than 20' in height measured from the base and shall be spaced a minimum of 100 feet apart. Page 27 SIGNATURE PAGE September 3, 2003 The conditions set forth herein are the proffers for Stephenson Village and supercede all previous proffer statements submitted for this Development. Respectfully submitted, Stephenson Asso iat , L.C. By: ame: J. Donald Shockey, Jr. Title: Manager r� f r Subscribed and sworn before me this Ath day of Sept. 2003. Susan D. Stahl _ (Typed Name of Notary) 7 My Commission Expires: 4- 30- - 200k_ Notary Pub is Page 28 September 3, 2003 SIGNATURE PAGE ACCEPTED BY THE COUNTY OF FREDERICK 0 Name: Title: Subscribed and sworn before me this day of 1 2003. (Typed Name of Notary) Notary Public My Commission Expires: REVIEWED AND ACCEPTED BY THE FREDERICK COUNTY ATTORNEY In Name: Title: Subscribed and sworn before me this day of 2003. (Typed Name of Notary) Notary Public My Commission Expires: E XH] BITI PI HOUSING UNITI TYPES. 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O 7 vl O m Q LZ F u Z al a O ? ,- w E H U �e 8 m ? o 1] LL1 Or QLU 0 u C 7 O U ui OAC Lnin' .5 cc CLIn u a Q �_ Z r m d t N y }A l!J y r C N CT V1 E. d Ll 1 yy a 4 L 2- �j U U o -C a P' N LL LL .- N R1 u C a z U LZ u Z al a O ? ,- w E CL U �e 8 m ? o 1] QLU 0 u C 7 O K O OAC Lnin' .5 a= u d Ll 1 yy a 4 L 2- �j U U o -C a P' N LL LL .- N R1 u C Oil H m_ i x O ce- L` 'n Fw- CC Q °e ce W O zl : F Q L:I W cc W LI - z a aa Ci z �i L O Q LLI rU LLQ d LCL a 21 u a z a U p 1 L6 PC a LL GI O z O a a a LLI W O pl: Z a CL a O u u ALw z d0 =� in c, ao _o 0 0 0 0 O Iq M m r v, n ry 0 0 0 0 �CN 1, o Q ri :2^ m a O cED T O W w SII 0, LO O O O O o d c ED u Lm r m L, a z aVill m di 7 al si Q ndi a Z 91 ii a .a ° a T Ell a.Ez 10 d d ro cu, a 0 u w oI LL d IH OUSIN G UNIT TIYPE 1 CARRIA GE IH C US E 1 NCITE: HIM ILLUSTRATNE ALRAOSES CINLN CIPTCII AIL POACH 9IHCIWTII SITERMENSON `11111AGE CARRIAGE DOUSE LLUSTRAT]YE Scale_ NTSI Dflum sir 20a2 I HE LAND PLANMING 81 DESIGN CIRQUP, INC. SIF -66T zz SIANLIARIS: Lining Spa as (m'n.) lleoik� (min.) 1400 squana feat Side ]Iaj d set] aal : 5A" a teriioi lat line Side ]Iajd get] aak: "I4'-0" caame�i is t penin is ton 1a t line Fl n ya c I se tba ck: 15'4" "leaks must x la aatad ii mar y2;di and I sl 11 me t be e c(itcd lla owarcl o:l tha :near plana oil a dwelling unit S]IDNHBN,q CIP VILIJACI10 CAMWGE HOUSE TMP]CAL Scala: rTS T]leaambei 10C -F HE LAND PLANNING 8d 13E5[CIN CIA QIJP, INC. FYa n I Faa a de "gonc] ea, ata y, and Wig may a xten d 6'-4 " it to filont }lard 9etl aak s,T r,16Irl" v NCITE; FCIRI ILLUSTRATBIE AURPOIES CINL�I CIPTI(D AIL FENCE SFI CIWN STBRHENSC N VILLAGE OARRIAM HOUSE LIAINl1S(1APD TIYPRIAIL Saalt : NTS December 2007 1 HE LANE] NE] PLANNING 81 DESKIN GROUP, [N Cl. H a US ING UNIT TYPE 2 NON -ALLEY CARRIAGE ]HOUSE (3 siheel si) N CITE: RR ILLU ITRATIV E PU RPOMES OIN LY OPTIC INS l A CIACf3 SHOWN STE HIENSON VILLIA GEI NON--AILLEV CARRIAGE F OUSE ILLUSTRATIVE 9laala: NTS I leaeniben 7 { 02 THE LAND KLAN N IN G 8 DESIGN GROUP, INCL `-7 N3�. SITP&fI 1 S➢ANDARE S. Hiving Sll a ca (m in.) flea ks (mii .) J W. 1,100 squai a ;lead 9 isle Llai d sa tbaak: 5-4 " u tey ioa la t lines 9icle llard m tbaak: - 0'-0" caiinez la t parin etar la t lin( lilaw y<id setbzcl : 3'4" *df cks must be la ca tc d ii is aA llard9 an cl sl all a a t bd ea eatecl foj vwajicl of th( ii ea.a plan a of a dviiellia 8 unit STIHPHENSC N VIII LA G E NON—ALLEY CARRIME HOUSE 7YPI CAL Saa e: NTT Daaarnbar 2001 1 I H LAND FILANN[NG & DESIGN GRCILIEI, INC. a1 FYanl Eaaada 31*Holcl E9, 9toaps, a nd 3 bi p ma 11 axti nd (I'-0" into Bon t ya rc satbaaks l A w -Ci, I -rUC.F I NC 7E: FOM ILLUSTRATIVE I L RIIOSES C NL�I CPTICI AIL PCIRICH 3111CIWN C PTIC r AIL FENCE SH OWN STEPHHN SON N a L L AGE N(IN-ALLEN CARRIAGE MUSE IIA -MU CIAIPE INPIC1) ITI Sc ala: A TS Elim ml Ell : (0, THE; LAND PL.F NNING & DEISIGN GROUP, INC. H OL SING UNIT 1IMPIE7 3 COTZIA GB H C US B (3 sheel s) w a z Cl ac'U CD cl a cd moo � a wV z H H ,ai LL z °V,� ST"ET 4 si k- 1 d` IN: rop C [pNEf- 4 ' His . Tj ` M14, LAI V l � i ALAILY SIIANDARII S: La t Width(min,) hiving III a ca (min.) ]Clea ks (min.) lea nt Baca de 34'-a" zlOO square lliat glide ilatd: 'I'-0" inteniom unit ':'potcl aa, staojs, 3ice ilamd: :Ia'-0" amdlcarmey um it and steps my leaas yai c : 5A" axbind 6A" a to *dlicks must be located iii Isar Mardi Am t yamd satback and sha 11 not be atected * iw, rc oa t1le maaii plane of a dmmill'ng unit S7IEPHIF NSC N VILLAC F C101111AIGf HOUSE 'IIYP11CIAL cafe: NTS Llecornbar 2042 1 HE LAND FILANNINGl & E VSiGN GROUP, INCI. A.L.. Y P CITE: FOR ILLU 9 TRA TfN E A URPC19 E9 CD LY STEPHE NSON VILLAGE (1017 AIGH HIMSD UANDSCAIFFI 7 YEACIAILI Soalc NTS Iaeaeuib+ji :00: T HE1 LAS G RLANN IN GA DESIGN GROUP, INC, IHQUS]NGLNITTYPE 4 COURTYARD CLUSTER (3 sibeets) N OTE: FOIA ILLU STRATIVE FU RPCISES CIT LY STBPHENSON VIL LAG E C IMICI Iii IRD C ILUSTEIR ]HILUS] RATIVFI So t Ia : NTS Ilea emt epi H02 02 T1 -E LAND PLAN iNci 81 DEsiCiN CIRCIUR, INC. Caurtywc ClustelrsTyp:icical Tl isbausiii t)paconsistscfsiuglei famiI]Idwalling,combinadtoform nluiti-family ch stet c f nr its. Tha allustc r area as a I rivato pa: king court, thareforo ramovn Ig garagas from tela main tra%lal ways. It, o :lewc r khan Mom cl no mora than seven Units sl all t o cc nit inns in 2 m aoi rt' ala l luste r. F -Ah w it l as dim it 8 a cess t( a 11rM E )lard. Al ;lanae ar:hnae ailc aall aorrbinat'on itall be locatadtitwo unlnits toanalosethe aurtyaid. Ehhunit slat[ IaNr a lea tanoV late it ccviciagacc I ss totfi resr,jai (Ifrom tl a court; aid. Tie fcIla wirI tat I( aleaifiea ttanlirirnun standarcisikrdlisCourtyard Ch ster t oa se type. N inimurr Ari, Per Un it: 2,000 sq. fLA( m elIing unit N inimum Setbacl s: Ta galag a frum strieta, c•ornman drlvewajl: 19 141 Tc dumllhij fnlm street: 18 ftl E istanI e t emair units: l0 ft. To dwolliag fron ca mmon daki4iway: _ ftl Tc dw4l1ing fro n intario r lot Lina: 3 R. To dwlalling from f arinieta>t pro party Lina: 10 ftl Tc de a lcand/a r pl do 1j on is teria r la t line: 911. 7c o ec k an&or patio fon perimeter 1ropart 14e: 611. Ma:aimum Builcliuf Hi igl t: 11. ' Mininnnm 6' MA'r um 5'Minimum 5'Minimum Miniva�I 5' Minimum 3, Minimum 10' Miuin 1 GT 2 LCI7 3 L CST 4 l0' Mininittn IO' Mtnimnm f 3' Minimum 5' Minimum 138' k nimum 1 erirteMI Proper[. I ine Tyr icel ET !m ea ar l of line Tyr ica lend Typical Gale Typical Dell cr Pat o LCI -1 1 L:CIT510' Minimum t0' rIlnlrnum M 161M 110' imam I 4'CONC.SmEWALK 4'C N .SIDEWALK Common Dnivelvgly SU eet 26' r 28' STIRPHF NSON VFLILA CIE CQU M-11I2IRD CIl<ILISTEH T11P]CAIL tale: NTS Learnbar 2442 THE LAND PLANNINC & CIESIC N CIHCILJP, INCL ' Z;9 Ka'is IS`a:�raan 1 ■. ai tau Isd WA40II IMFS Y■A!F of; rJe N, ItE"'ua f Q y �iAb� Itfai p.sl 1 f 1. 141M aaI y + daRr!jL FaiaAF lY ''1�Aad111'■ a 1L aiiY ff FXw# -1 Fi h'aixa7 "'4.■' hA A. . -i4aA. 92'P. last �,7lA' Y i1i i.a lle i;tl larr�pi-A ?■iiLKa ]VINSON ■air te�cln:l ri. I] Q US ] NG L NIT TYPE 5 M Q 111F] ED SINGLE -IFA MIL Y SMALL LOT M odlifledl single-iam'ly amall la I. Single -Gamily small:lot housing shall be a single-Jami]y detached of attaahed residence on an individual lot. No more than two units may ba a ttaa he (I together . (11; Dire en:i is nal i equire me nts shall N a,, fa Ha ws : ]a) M inirnum lot size: 3,750 squat e feet � fib) C fil-stra e t par king spaca s: a Ila SotbaakNom stato road: ad heat Ind) So tbaok fla m pi ivate road: 20 feet Ile Was y& 6: 15 fe et Side yard: Zi r o lot line option maybe used wil h th's housing type. 11 choma n, the rninimurr side ya r d sha ll be '10 sleet for that yai d a 11 11 osita the ze: a lot line side. if not chosen, the mini iurr side yard shall be five feet a n both sides. (fig When t he at to ched option Jor the sir ala -ilami y sma ll la t housing unit is chose Ti, the rninin um buildii g spacing : e quuem(i nt sha ll be 10 fe et. Qh; Supplementary setbaaks: (l ] Afith the sing la-ilamily small la t housing type, decks may extend five fee t into rea r yai d setback areas. [2] Whe: a single-famil�l srr all:lot ha us ing abuts of on space, daaks me y ext e nd i p to 12 feet into : o& yard se tba a k areas. [3] Front l of chem, sta a ps and steps may oxtfi nd "12 feet into fiont yard setbe ck a: e as. (12: Ma ximum building heights shall not exco a c 1 3 5 ;feet in height. �3; Detached a aaessory bui dings may ba it e rmitte d, na t to e xaeed 20 fe et in height, will adhoje to the sanire side yard s(itbaaks as the house, and will have the sazrae i eat hard s ett a ck as a deck. HOUSING UNIT TYPE G MODIFIED TOWNHOUSE (I wheel) M a dliMd 1lowabouse. Thu "to wnhousa" is a single-larnily attached (Mulling with one dwelling unit from ground to aiool, having individual outside a aaess. Rows of a tta a hed dwc flings sha ll no t excu ed ] 4 units a nd shall aveja ge no mora than u ight dwellings pej struatuae. I:I; Dimansionalrogluhemenu shall bea:i follows: M in imum A verage Off--Sti eeil Min imli n Bot Are a Lot Area P arking Ilot Wic All (I;i qu are sleet' i lsgt s i e 144t' Sp ace;i Ilfeei) Iiia :1300 2.aa 'I (I ] ZI O a '1500 2.1'1 '13 ] 6a a :1700 2.5a 19 of laig c r (12; Minimum yarids mha 11 ba as ]lollow< : { la) Aaiont setbacks: [1] 20 feet fion road fight -of -way 11or flo nt loada d garage townhotise:i [2] 20 feet from parking aaea, pjivate street, of drivuviiail foe front loaded townhoti,<e:i [3] :10 feet fon roar loaded of rear loaded detached gavage townhoui e:i [4] :10 feet fan non garago townhouses with offstneet parking (lb; Sida : :10 feet from lot line (lend unit) (Ic; Rear: 20 le a t flo m lot line 113) N inimun o n -site building spa aiiig: (la, Side: 2` I' betwo en adjacent end units (lb, Ruar: 50'flom aeaa building plana to adjacent iieaj builclirig plana (141 Maxirrum building height shall be as bllows: (a) Piiinoip le bui cling: 35 feet lb; Aaoe:i sory building:i : 20 feet (15; Minimum yatid setbacks loo garage s i la) Side: 10 feet fiom lot line mend unit`, fa ti detached gavage option alb) Side: 0 fo et filon uita nior lot line for detacha d gavage option Inc; Rem: `I IN t fIorn ;lot line loji deta ched garage option Id, Supp lerrientaq , etbacks: (la; With tl e modif ed town) ouae housing tylla, clacks xray extend 15 feet into near yard sotbaal areas. (lb; Where ir.odifta(I townhouse abutm open apace, decks may extancl Lill to 15 feet into neaj yard setback aiivas. (lc' 11ront porches, stoops and steps may extancl fl iVut into a 10 loot front yard sotbacl and I feat into a A soot ftont yard setback. BXHIBII]n D TYPIC AL MAJOR COL LIIC TOR ROAD SI{]C TION (1 sheet, �,l 00 ft R� p �^ r r k gg ^i UP � � � HINWH O GIK91AINC AL4NNR Gx.03 f � r A DESIGP ��aa> >�gn..x$ ,Q R GA OI IA 9 S ere Telephone 610-882-4181 INC. , Ad}-�%219 gur— Surveylm FAX 640-722-6528 LINA—INING Slm PL m—. �INbs li•?E.�RGHfi Ev1'uRe x GINERA1171E➢ AEVEIIOAMIfIT PLAN w SlEBHIENSON VIILAGE u $ IIXHIIHPII A a1 °I STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA R gg ^i UP � 7F I9 LJ ND ll�N-1 HINWH O GIK91AINC AL4NNR Gx.03 A DESIGP ��aa> >�gn..x$ ,Q R GA OI IA 9 S ere Telephone 610-882-4181 INC. , Ad}-�%219 gur— Surveylm FAX 640-722-6528 LINA—INING Slm PL m—. �INbs li•?E.�RGHfi Ev1'uRe �c O 2 Z C FS 6 g m � � rX G z'c 0 cz r, ro r x GINERA1171E➢ AEVEIIOAMIfIT PLAN w SlEBHIENSON VIILAGE u $ IIXHIIHPII A a1 °I STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA R 7F I9 LJ ND ll�N-1 HINWH O GIK91AINC AL4NNR Gx.03 A DESIGP to lsl x-dy inns FR6O€nCK.M021i09 �'�'� C fe9} TL Cb.t T, Vu gine 22002 GA OI IA ,,1-72 ere Telephone 610-882-4181 INC. , Ad}-�%219 gur— Surveylm FAX 640-722-6528 LINA—INING Slm PL m—. �INbs li•?E.�RGHfi Ev1'uRe 11,11,11, lip.r m m : / r m Cha OI rp + C 1 I— a a 0 O 0 C] a 1 ran b 0 n o o8 a It 77m / o 10 J� ~y D r 2 (� T r I 0 Q I � 4� Oy c 0 0 ! n n cn 0 C m - O J1 n o a U e �ry V O . `-4 •I t L r�n iovs >anF 31111041 /PARK KITH STEFIHENSON 'UI]LIIAG�I • f 1XHrEI7 a � riv F'� NNING 59 O E5T EWEfl &I 0514 r l E,m FREDERICK.uo x, sae GROUP % a9-12 �r (�. FAIIE � N�vTHA Gp1EW1 I01010FINQ 151 randy Hw 1. e r • ene 111 cheaLQ, V1r&ln EMU ��— i Telephone 640-880-4195 ' STONEWALL MAGISTERIAL DISTRICTey�11 FREDERICK COUNTY, VIRGINIA AND PL LNNlN4 sI EP ANN,Nc. AN6 CNIEAaV �GnIRE FNI 6 0-72¢-06E1 �o w m m N A y�yc 3 chi 0 90 a N. rQ ss of $ e o ➢ P ➢ 9 � mT > Tp w 3 2.4 � z G a P Y ppFAy[ °��� OA�� Op�— ➢9 �� 3P 2E p�mom M �g _mg v4 m y y�mm�? o=° WJE om<n�m ax i O ul i c��mP� o 22 a _ — �rtl1am m�P > >s ul Y Iii, h Y� Yn � Nu v u aaN 11 Q-1 rr r ° t/ I G a n� � o� C y ri (JI r cl COO zd~ nwz° 2 0 STEPHEN SC N MILLA G E RESIDENTIAL PLA NN EDI COMMUNITY Ccimmurdol hesign Mo6ificoticins Docromend Pna para d B)1: Chea n v is 31 Enginee.uing & lid Land Manning and Design Choup, Ma. AIgni] IaaI £devil ed August 18, 2a a 3 £devised Septa ml en 3, 2003 (Hxbibit A) MOD]IFICIA WON All 1 1165-711 MixIuire of housing IyDes ragLireeI Clndinance Requinenirnt: No mioiie than 40o1a of tha ana a of 11 or is ri s of t1 e pla nri e d community des ignata d foli res ida ri tial uses shall be used Ilo:u any of the dolls v icing housing types: duple) is E, multiglexas, atriums houses, weak -link townhousas, townhouses on gardan aparrrtants a] any corm ination of those ha us inl types. Altarnative Design Standagd: No mole tl an 601/14 oil d e area of por ions oil tl e planned comimunity far rasidential uses shall be used far the housing tyFes identiled in tla townhause, multifamily and active adult. M,'IXIID RESIDEN71 AL MATRIX Dousing Unit 71y]p MinirriGini °o Maximum S in8 la Family Dwellings 30 (Hosing Unit Tylp 1,2,4,`1, RII District SFII and Aative Adult) 'Down l a use Dwelling s 10 10 (Housing Unit Type 6 & RII District Townhouia) M ulti;la xniily Dviia flings "1 30 (Condorrinn iurr s, Hldeul`l Housing, Housing Unit Type 3 & RP Distjiict Duplex, Multiplex, At iumi, Ganda n .-Apartments and Active Adult) Q a tive Adult Dwelling s 30 53 Single F tarn ily Dwelling (Klausing Unit Typa 1,2 & 51 Multiiamilll (Condorniniumis, Hldarly Housing, Housing Unit Type 3) Justi;lia a tia n Joju M oditcation: The p: a tle: ed Ge ri e raliza d Development Alan ida ii tifie s that j esidential la nd usa s will be located witl in Hand Bays III a nd IV. `Dhe Genes a limed Developm e nt Plan does na t account floc the approxirria1e 125 ac: as within tha Hiatt Run Clorsidor and the Wetlands Trltarmediate Ravine Channel that is contiguous to Land Bays III and FI. Thaneilo: e, the Genej alized De ve loprnent Plan accounts ilor appraximiately 594 acre s to ba utilised ilor iiesidentia 1 lan d use within SI ephenson Villa g e. The iiequire d calculation of 4fl °o of 1t a appra aiimate 594-2 cre area 01 por is ns of the plan ne d a ornrr.unitil desigq ate d ilor re sidential use in 1I his a a se amounts to a pI zioxima Ie Il 237.f1 a a ra s that can be utility d for duplexes, mull ipla xes, abium houses, weak-linil townt ouses, townhouses or garden apar meats. 'Ili j ie sidential piiogram that haj been da ve la pa (l for Stephens a n Village is des igna d 1I o p: a vide 10. 1 a u s in 8 oppor unities fogy all age g:iia lips in the a a mmunity. Sta pt e m on Village will also provide ilor an active adult a ommunil3l that may develop beyond the designated 126 -ace e land bay identified on the Geneualiaed Developrr enl flan. Me sue cw s o1 the as tive adult aonarriunitil and housing fogy )la ung pi is fa ssionali rr ay expand beyond the progi am limits identified in tt a pziogi a m; thei efa re, a m odifia a tia n oil Ile 4q% oil i esidential land anea is apps opriate. Stephenson Village ra que sts a rr odification to allow a rriaximumi of 60%, or approxirr a l ely 156.4 s a re s of the residential land area to provic la ilor the da ve lopm ent Q1 ha us in g type] identified in the mixed re sidentia n iatrix tat le. Staphanson Village furl or commits to the provision of a mixture a 1 housing types bll establishing rritiirr.urri and maximum percentages fon the variety of housing Types identified in the mixed residential matjix table. This conimilment exaaeds the currant ardinance raquiziemeni bid ensuring that a residenlial rri)i will be pj avidid in lieu of one hauling type (i.e. garden apartments) occupying 401/A oil the residential land aria. MODIIUCA7lON #2 1.65.61 Flerm heel usies :I 65-71 H(2; Alta sinal ive c lirr er sior a 1 rna quIremien t p lan Ondinan cc Regii ii erriient: All uses aie allowed in the R4 residential Manned Community Distriat that art allowed in the RP Residential Aerforn an ce Distaiict. An alterniatin( dim(nsional plan may be inaluded witt the miasteii developnent plan fon the developmtnt, which shall describ( a systemi of dimensional nequiiiemt nts foi all r(sidentia uses planned for the development. Altarrnative Design Standard: Re9idaritial housing typ( s otheii than tha se permitted in tt a RP Mesid(ntial lit 11orrr,ance Distiviat may be a low(d in the R4 Residential Planned Com mimity District. The Boa] d of Supeji)iisors may alla v new housing types only it inforrr atio n d(sciiibing the n ii imum lot am a, minimumi lot width, mininum yard setbacks, ma)iimnim building h( ights lois pj iimiary and acs a ssa D rtructura s, and minin rum off stw(t pajikin8 spaces is determined to be aaaeptablt. Justification fa r N (dii6cation: Stephenson 'lillaga desii(es to provide llor a mixtune al housing tyllts that a low iloii a community including a rai gt a 9 eaa nomic and demogiaphia levels tam young professionals, family hous(l olds, (mpiy nestt rs and elderly a#lojida blo dvi ellings. In a ndeii to crt ate this type of con imunity, it is n( o essary to pnovidt k hour ing type s that art curet ntly allowed by oiidii an at and to int: oduat housing types that ane ;luau t siful in tl t aunent t ousing market. Witl the emaption of the single -fan ily small lot, tha romiaining housing tyllt s allowed 1)I currant aadinance v ora establist ad over ttn years ago. The inti oduction al new ha using types, an n a dillications to the design standan&i Jor existing housing types is necassary t( aaoomplish this g( a 1. The R4 Distiiat allow loi a iiesidentia planned community to develop only one typt of multifamily housing unit to achieve tt ( goal of a housing m ix. Stephens on '� illag( is a a mmitted to pi ovide fa i a vauit ty of housing types as evident by tht miinimumi pt ra t utag a s speciilied in th( mixed iiesidential ma tiix table; th( nellore , it is justifi( d to allow foe new housing typt s, as w(11 as alterriati)re dims nsional roq uijiem ents for t Misting housing types in tl t RA District w described in this Community D( sign Modification Document to as hit vt tl is purflose. EXHIIBITI B HOUSING UNITI TIYPE c MMORI IRNSON `IIIIIIAGE CIARAIAIGE HOUSE 11MUSTRATIVE Scale: NTS Dacamrer A42 ]HE Lf ND PLANNING 81 ❑ES]GI` CIRCUP, INC. ��.' NIS •. 'Z i STr bFIT 9TAXDARD.1: IJivin81 Spaoe (min.) Docks (min., 419. 140U sgluar( Aa et Sid( ya xc sc tba cl : 5'-0" into r r lot line s Side ya rc ;ietba ck: W-0 come o lot perima tea la t line 1 myan satbaak: 1'-0" ''(lealsmuslba loaato6inimai yarchi an(I Odlnotte a na cto d Jo rward c f the ra ar plane of a dwo lling unit STEM N SON VIIJVAG11 PICIN—Ai LE -A CAIRRL4GE HCIUME TYPIGAIL Scala: NIS ElacamlEv X042 11HE LAND PLANNING 81 DESIGN GRaUP, INC. n Fra m Fie,, die *]I( rcho s, stc ops, and steps nuy 4 31 end 64 " in to Ili cont yard sett aril s c -T R-EIEr T 7 STANDARDS: Illiving ilii a cd (n in. Ilea ks (IA in.; Ill a 0 square ilea t Aide yard so tbaak: "-0" inl eri of to t line l ida yaj d so tback: 10'-4 " aomei le t pe rirneta: i lot lin c Raa] ]I, rd sett a ck: 1`-0" * do ck, mil it be la c. tc d it :lea n yard: and : ha 1 n c t ba ejaate( forwarc of the : ear plana of a dwelling) unit STIP PH ENSON VILILAGH C� RRIA CIE 11 OUSE TXl ICAL Seale: NT11 Decemler 240: THEI LAND PLAt NTNG 81 DE ISIGN C RCILIFI, INC. Fiioni1 Faaadi I pol a l e. , : too l s, anc I sta pa may extand (I'-0" into fra nt yald WN, a k STp-f.�T 4 10, His., rogi co AEV. N�til. si C,c 7 S I I l 1 I AW Y 91TIANEARI 91: Ilot Mlidth(min.) Lim imp Spaae (min.) DockA (min.) llnont Facade 341411 14119 sgluajpi I et Sidq yarx : 5A " inte r'on unit I pa mhn., stoops, Sidq yax 1: 10'-(" a nd/wma r unit and steps may Aear }lard: 9'-0" exte nc I (I'-0" into :I decl s must bo lol a ted in iv ii yards fru nt yai d sett a sik and shall nut bo enaetocl ilory aid a8 tha :va n planq oil a dwe 11inj unit STB HHEN SO N V IIILAG E CQ77A(IE H(IL SE IN IpI(IA H Sa ala : N T9I Ile ce mI Eli 7 0 0] 'THE %IND FIL1 NW G 81 DESIC N CIRCILIP, ING. C CIL rtyaird Clus Ions Typiclal This lotinll tyle canaist: o8sin11le-$an ilyduwllingsan tinledtc flDmi a nmt ]ti -i m il)l o luster a fl un its. Ti d cru ter cre atei 1 prhiatc l azo i1I j t ourt, tl lcrel are n Irra vine purges film the ms in trawl mays. No fewer than two ani Ina n cni than save 11 units shall I e corr binacl it en,I ca urtyard(luster. Eac) I nit haj dlrectacce s toapnivab ]lard. Y fence or ft n as am u is ll co ml int tis n :1 a I] ba loci tec bete eet units to cni lose the court; art. Edict unit shali hf , is at Icast on a , ' ga a pre vit line ac sesi to ti k rear yard flra m tho o< tiM ard. 7ha A llowin f ti ble spegifles the minirr um star dards for this Cotwv. and Clue tar I a use t) pe. MiniI111rn1 Aren Pir Unit: 3,4003q.RJdw41ling unit Mininlun Setbacks: To gars gt frdm stret t or cc mmon driveway; 11 ill To c uicllinl from strect: is R llistrncabetweer units: 10 f To cv elling from tion man clrivemia)l: . ft - 'go cviel)ing frorr it tenior lot Tina : , ft To dwelling frorr 1 erimetengrol ert) line: id fll To c oal and/or Matic firm intd rior lot lino: 1 ft. To dec] and oilado fnlm flenimeterpraporty lino: II ft. Iv a;Iimum H vitt ins Height: 5 & 44' IvHnimum ' Minimum ' Min"mum 755s 'Minimum MinimumMinimum MinimtMinimum YMinimum m t a' Mmimian LCIT 2 1 1 1 I CIT 3 LOT 4 10' Minimum 451 Minimum 13B' nimtun 10' Min uiGrtei urrrre �rarrr urE[r� r$ WH Ia Mitimum I I IV SZ EPHENSON 'VILIIAGI (10tlRTVA 11D C10USTEIRI TYIPIICIE1II Sa al a: N T9 De cemi e r 9 fl 09 THE LANG] PLANNINGIE DESICIN GROUP, INCI. I CIT S I Perimet-Ptnpe ty tine T,vpical Interior Lot Line 7y pc; Hence lyipa Gaetstc 'rypicai -- ---Des' 018260 Q' " Inwm Clommon I riivem a� '6r qr 7eSlrea Mlccliflacl siin2le~-family in all lot. 91ingle-family shall lathousing shall bE a siingles family &ta ahed or ati ached rc sidensi c on a a individual 101. No mode i han wl o ua 11 a maj be a tta ched 1 a go theii. (1; Dimensicr a. nequiiiemenls siha 1 Ix a,ii hollows: (la; Minimumlot size: 3,'.1'10 siquara fleet (f[ Off-,iitteei parking spaces: 2 (1c, Setback fiiom sr ale road: 20foe (1d; Selback fiiom private iioad: 10 feet (le; Ra a yard: 1 'I feel (16 S i c I c yarc : acro lot lirxi opt fon may beuacd with this ho using type. ;If chosien, the minimum s de � and shad bE 10 feel loci Iha l � and opposille the zerio lot line siidc. if not al osien, the in inimum siidi yaa cl shall be fit feel on both slide s. (g, Whari the attacl c d option foci tt a singlei family srruall lot housiina unit is al osien, the minimum buiIJ1ng spacing iiequircmcriI shall be -10 feel. lh' Supplementary Wbacksi: [1] Witt tha single family snail 1011 curing type, desks may exi end five flee info naafi � and sielba ck are a s. [2] Where single-family snail lot housing abuts open spa ae, deck;u may extend up 'Ia :12 feel i n I a near yard setback ahem. [1] f1roni porsihisi, sloops acid arta psi may a*erid 12 AwI into from yard setback aiiea9. (a; 1V aximumtuildingheighls9hall rjaI exceed 35 feel in height. ll' Ilataehed acceasoql t uildngsi maybe permitted, not to excaod 20 flees inheight, will ado re to it he same slick ;lard sie-lbacks as the house, and will have the same Wean yard setback asi a de ck. Modified townhouse. the "low hove" is a sin, leillamily attaahad dwelling with one dwelling unit from ground to noof, having individual outside aaaessi. Rows of atI a ched dwellinbsi sha 1 not exa a a d 10 unil s an cl shall avenage no more th an eighl dwellings peri sirwatune. ill' 11imentional ra q uinemeni s shall be as follows: Minitz um Avera ge Oilf S1Iricell Minim uxr. Lo I Aii(a Ila t Area Parlding Ilot Width (s quare sleet: (I,i qua tie feel) Spaces (bleoj 1200 1100 2.00 ] d 1400 1100 2.29 18 1600 11100 2.50 20 a n langa r (2, M'nimumyards shall be aj Ilollaws: iia: T noel selbacks: [1] 20 feel fnom road r.'ght-of-way for dont loada(I gavage lownhouses [2] 11 feel fnom park'ng Galea, priva e siriee-1, an driveway Ali frons loaded townhouses [3 ] H Ileel fan near loads (I on rear loaded del ach4 d ga nage townhouses 14] 10 Ileel for non garage ownhowi a s wi Ih a ffsl ua ell paiuking SHN: 10 ileel from Iol line (lend unit) (c; Raar: 20 fae'l fnom lot line (131 Minimum on-site l uilding splaing: (a) Side: 25' betuleen adjacfint ar d uni'ls +Ib) PIa&i: 10' lira mneaii building pklna to adjace ntnean building pl,ne (14; Maximum buildingheighl shall be as follows: ijal Pninaiple building: ]'I feel 11b) Aa ces s ora l uildings : 20 feel (9; M'nimumyaiid satl aaks fon gaiueges (Ia; Side: 10 feel from la line ilend unit' for detaahe(I ganage option (1;; Sida: 0 feel from interiors lot line for detaahed Garage all tion (Ic; Ream 5 fa a I tiom lot line fan del ached ganage opt is r (16) 8upplemenlary sett asks: (a; With IN modified townhouse housing t)Ipel decks may exterid ] 9 le(it into iiewi ya rd seibacl Gia as. (l ; Whe ne modifia d townhow a a buts opa n space, dea ks m� y extend up 1 a 11 ileel into ram yard setback aneas. IQ) Fnont poiiches, stoops an d slaps may extend 6 fae into a 10 fast front yarid E eilback and 12 fa el into a 20 foot front yard s etback. Alderiy ha using. Hldei ly ha us ing ai e rr ultifarr ily buildings whe ra individual Elvia fling unit s :i h, re , a a minion outs ida acce,i s . They ah a s hard � a ommon yai d.-: rd, , Viihia h is tha sum of tt a raquij ed lot areas of all dwellingunit< within the building. Hldaily housing s h, ll (iia ni ain s ix of mare dwellings in, sing Id s truct w c, Requii ed open s p� a e shall not ba included as minini urn lot a: aa. I11) Maxini um gjioss d( ns ity s ha ll be 45 e mit s pe: E a re . (12) Development 3equiramienti shy 11 ba < < fa flows: Nuni bar of Hedua a m;i Off-Strd d t pat king_Spaca s Effiaid na y 1.50 1 2.00 2 2.25 3 plus 2.50 (13' M, ximum site imp(ivious sue fi ae r, do ija n lot, shall t a sixty-hundrd(Iths IJOAU', Q4; 1V ininium lot siza shE11 ba one II1I , are. (15' Iv inirriun yards shy ll be as follows: a. Mont setback: i. '➢went�l -fiv( Q25' feat f: am i o ad right-of-viia y. ii. lien 1 110, fa (Iib om pai king ar( a a 3 driveway. b. ,Sidd setback: i. Awent y -five (25' I (t it am pea imd to r boundary. a. Rears s( tb, ak: i. klifty (1501 Ileet from pev1miete3 boundary. (EI; N inimiurni an -site buiI(Iing s1 aaing shE 11 ba twenty fiva (2 5' feet. �T N aximurr nun it a of (Iwf flings units pea building shall be X125; 11' N aximumi biu ilding height shall bd , s fa llows : . Principal building height: forty five (45; Teat. I . Aca a s ;i or} buildings: twenty (120'.lea 1. NOTEHIOR :ILLUSARAIM BURPOSES ONLY STERHENSON VILLAGE HLIIBRLY HOUSIINCI IILBUSIRA11VE Seale: r TS April ] (Q2 TH f I DNC RLA N N 1N G & 1]ESIGiN GROUP, 1N O. M Cll]IFICIATION 43 :I 65-72D (la mrnercial and Tr. dlu slrial areas 1165-72M(3, Nonresid er. tial 1 and r se r N as in g Ordinance lR equire ma n t: A minimiurni of 10% of the gnats aiiea of LIQ project shall ba used ilor businass and indi strial uses. 'Rhe phasing plan ilor the development sl al include a reasonable parrion of the noonies idea tial us (is in a 1 phases oil the do velopma a 1. Alterr ativa Ilasign Standard: fllimination oil the ne quinemenil ilon both I i s in a s;i and in di s trial ian d uses in S1 e phe nson Village; establish a minimium ail 403h of the gross area of Ila project to be used for commercial land use; allow fon tl a majorit;l oil tha aammencial land uses to 1a located in a da lined commienc is l cen l er inste ado] all phorias of S tephensa n Village, llustifia a tion ilor N odiiiication: Al minimi mi lot size of 100 auras is nagr hied fon a iesidentia planned community davelo pment. The provision oil 10% of the gnoss area a] the project ilon business and industrial land i se would equate to a miinimum of 10 acnes to meet the ordinance raquMement. A aansenva live AAR of 0.2 would equa le to 60,000 squarie feet of industrial development on 7 acnes of land and 2t1,t1 tl 0 s q wane feet of comme: is ial on 3 acmes oil land. This natio viould be iaasonable if both industrial ar d aommieiicial land tie were propwad foal the residenilial planned comimiunit;l. An industrial component is not planned fon Staphanson Village, non is an indu.itnia. corriponanl desined by tha iirmQdiata outlying corrmunity. The rcgrined 10% rainimurni of the gloss area a 8 the project iloai busine ss and indusilria la nd use would ace a i ni Jon appno)iimately 82.2 acnes within Stephenson Village to meat 11e andinance regiirnemieW. 111A amount of a a re a ge is not ilemil la lo: i a o mmieiici al land i s e alone; 11 a ra tone, a s t ilfic ie nt amount of comma ncial land use to ruieeil the needs al the rasiden l is planned comimiunity is important 10 determine . Me mantra t and economic analysis for Sle pl enson Village sugges s Ll at the maximum amount oil commiencial land use that ci a n I a sustained is 250,000 square fact. A developed FAM of 0.2 would rage ine less than 29 acnes (3.50/x) to mieet the 190,000 square feel ail comirac ra ial development n Stephenson Village. Me:uefore, it is wasonabla to expect a minimium oil4% of the grass area of the p:iajeet to ba ulilivd Im eommencial land use vihan industrial land usa is not par oil tl a nesidantial planned community design. Fur hormone, it is ;ie asonable to plan Ila i the MaJority of the aomQniercial land usa to occur within a defined aamarlencial center within the commmunity in lieu oil many srnialla r un defined commie is is pods located within eaa l phase ail the mesidenlial planned community. Stephenson Tillage has baen designed to provide fan a decline d i a miry encial a entej that will ac i s mmioda e a vaniel y a fl comimej cial la n d us a s and s e rve the neo idents a 9 this commiunity, as well as the or tlying community. I he request t o a lirninat a iri dus trial la ri d use; to es to bLi h a minimiurn a A 4% of the gym, area flon comime: c is l land use; and lo establish a delhii a d comimie: a is 1 center in lieu o i requiring a ommiewia l lard use in all ph&ia s of the r ejidential planned c ommuni l y is r eas o na bla . Stephenson Village world be : e quir ed i a pi o`iida ioj a minimum a ] 33 a cva s for cornrne nc ial Ian d use. ThA ac: e a ge would allow fon the provision oll a varix ty o I a o mrr.ei cial lar d us as I hat would pi o`iide a a nvenient s hopping, ae rvia e s and emplo 1 Imia nt apporrnities fan the rasidenls within Stephenson Village and tle oulIying community. 'I he 33 a c, es would a ccomimoda to a mai imurui of 250,000 s q j ane Ilea t of connimen is Ian d I se, which is ace asonable io: a conumuni y of this ji3 e . MINIMUM R8C L IRED GROSS A REIA a F COMM ERCIA L & INDL STRIA L USES WI11H II\ PLANNED GROSS A REIA OF COMMORCIA L L EI%c � Mo COMMLNITY C RCI c- ARBA OR INDL . 1 RIAU USES STE PIHENSON VII I AGF WAIVER #31 9 UPIRIORi GRAPIHIIC Sule: le: NTS A Ip it DI 0 3 i HI~ D N E] PLAN N ING & DESIGN (IRCUP, INC. PROPOSED GROSS AREA CF BUSINESS USBS WIT H IN F LANN BD COMMU N ITY G RO< < A R8A OF BUSH M. Ac LAcaf- 4% STEP ] E NSION VII I AGF WAIVER Ob SUBPCIR7 GRARHIC Seale: 1� 7 S Alpziil 2041 THE LAND FL,A1VW O & UESIG N CIROUP, INC. MaIDIF]ICATION X14 ?I 165-71 fl Recra at ion 41 ilacilitie9 Ordinana a Require ma ti t: A sea neational unit is designed lo meet the sea iieational naeds of 30 dv e ring units. 71 a units may t e broken into s nualle r uni l s or adds d t oget hen to Meetthe needs Q1 V he pl a nne d community. Alleiinative Design Stasclard: A ie cme atia na 1 uni 1 i9 designed lo mac I t he re cre a I ional needs of 10 dwelling units. 'Ilhe t nits maybe biioken into amalleii ui its ozi added Iagath( zi to me et tl e naeds of the planned Q omirrmunity. The i a lue oil one ra a rea tional un it shall be equi` a e n I to the ` a lue of one rseaneational lot la t unil desarsibed in � 165-64B(1) of the coning Chdinance. Jus tifia a iia zi i oiiModiflication: Staplanson Village will pnovicle la equivalent oil one iiecnewional unit ilor eveQl 30 dwellin g units developed in the e none cominni pity. The iiecneational faailitiea v ill include Iwo necineational center s, a comipatit Ion swinimiing poa 1, a line ar park trail and pedestniar trail systems. The Alllllicant 9tauld be given anedit fan the value all these pl,-nned rsecneationa ilaailiVies baled ai a formula that i,i the value A one nacilealiona tot lot x the number ail sequined xiea neational unit9 to sepua tl e a hove community. 'I he planned necneational faailitiea ilov the ovenall community and fon Vhe active adult corrina nity piiovida s fon yeah -hound rd a ra � I ional opporl uni Iia s fon tl a Stephenaa rs Villa ge comn n nil that traditional outdoors racrea lional uni Is do not. Thenefora, it is reasonable to utilize the ziea neational uni I va lua 1 om a la t o meet the rd a re , lion al nes ds of this a a mimu6 y. REC RFIATION VALUB EQUIVAi ANC YI COMPARISON A single siecllealionaI un't is designed Io meet the zlecsieational needs of 10 dwelling units, which has a monetary) value of approximately 17,0(0 dollars vahial may b)ladjusled to reflect the curio ntva ui a a 1101 lot. The items list d balawilluitrn a malha(Iology used 110 achieve 11e raduined oveiiall raaraa lional nee( s by assigninarecraa lianaI units la the actual cost: of the rnacrialianaI faailiil'e,, provided. Thi uniismay t a brakin u to smal it unii� or addod togelheii to meet -the needs oll the fatal development. Aollow'ng is a 1131 of possibia raaraalional fa ilitles, wtiahmay t e prollosad at Slephensan Village arc Thain associated monelazll va ix. The actual ca s-1 afl 1lha items lis11edbelow mail indeeddillfird llrom these estimales at time of aansiruation, but ,houl(I compazle similarly. 1 Iol Dol Unit Din a an flask Trail (all pnox. ],Fl 00 lineae fi et ] Community Hool 1 16 lar a 25 M el e1i Lap flc a 1, Glut house,I Ba11h Ha use Half -court Ba akelball Court Tennis Court II] Claud] STT PIH ENSCIN VIDEAGE WAIVER #4 11UPAUR1 GRAfIMC Sa ati : NTS April 200 1 HE UNI] HL4N N IN GI &DESIGN ORC UP, INC. =1 $ 171,4 00 (]1 Rea. Unit; _ 11$ 42,4 4 0 (]2.45 Rea. Units)' _ ± $ 266,10 4 (15.66 Rea. Unit) = ± $ 375,004 (12.06 Rea. Units) =J11 :19,500 1 1].1I Ra C. Units] _ ji " 2],750 ij] .Dl Rac. Units; MODIHICATICIN #5 1 1165-721 Roac I as a ess O:ulinanae Requirement: I I a planned comirruunity developmient shall be provided witt a aamplete system of public j treetj do d is a to d to the V ii igin is Da part orient of 'I ran s portation. Alterr is tiva De sign Sta ri da Pd: I he pla n n a c a c mirr unity da `ie IQ pm ent shall be p: is vided with a a omplete s ystemi of public s thea is da d is a 1 o d to the Virginia Departmia nt of 'I ran < portation, excluding the stneet systema serving the actNa adult community and pnivate access drives carving no move than five single ilarriil�l dwelling units on ten single farnily dwelling units if the pnivate aacess drive connects to two put lic sheets. The niiinimunii distance ]Ira mi a publia stneet s hall not a ppl)l in tl e a a 1 iva aduhl a a mm uni I y provided that 'I he lots are so lied by a noad <ystemi tl at prno`iidas foci miultipla stneet inlermctions to enhanca looping and pno`iide for safe and a flicient o zxue rga n a) I access. Z he caw s s s a ctia nal bas a and pave ma n t standard tlor pnivate streets shall mica or exceed VDO] iiequiramients, with the a lowanae al using a decorative cap on the pnivate stneet to promote enhanced design. the mors sectional s t andard lo: pr ivate aca a s s diii`ie < seriving limn led single family dwa slings shall in a hi do a n 8 " ag& le ga to type 121-f cornpacted bas e and a 2" SM.- I' .: IA s urface. Ju,i t ific al is n loll Modification: The as tive adult comirriunity in St ephenson Village is planned to be a g a ted a a mmiunity. Market anal�lsis of active adult coiTimiunities has idenlilied a gated corrimunity as being verNI desirable lo: residents due to <ecunit}I and safaty concerns. Cheating a gated community necessitates the planning oil a comiplete system al pnivate sheets, which has also been do torrrined to be very desirable for the resident] of tl is type al comimunity. al a Applicant haj met with the Offica oil the Fine Maiishal to review pnivate stneet design i tan da ndi and private alley da s ign s to n d a rds ilor emiei agency access and has implemented tt ase s tan c I a rds in the prolfe r s tato mia nt. flurthenrr a re, the Applin an t has in (luda d a a roc s sccticna basa and paverxiient wid11 standard that will rmeet of a)iaeed NDCIT standards. '➢he alterr ati)ia dejign standard also requires do design Q1 the private st. eet systezr,i to pi ovic I o iso: miultipla s tra a t ills c: is ecti ons and looping lo ensuw a 11 at va hia a lar ace a s] is not lirruitod and that good cAculatian patterns aiie povidoc . al arela e, it is roasonable to allow far a complete s ys t erre of piiNixiie s t re e l s witt in the a ctiva adult corri munity tha I do not need to ba a miinimiumi distance fromi a pti1 lic stneet as Vafilic circulation, appropriate c a n s true tion standards an d emergency je rvica access have been cons ids red. Instances will oaaui in the design of Stephenjon Village viii are it is desijiable 1a preserve stands of lives on ott E envi: cnmental fealuras, maintain open viaws at the end of cul-de- sacs, and tiont houses towards main road systems. Jo aaaamplish tha<e goals dulling design, it will be nea o ssary to utj lize paiiva to as c ess drives to serve srr all nurrut e rs of single Jamily dvsic Rings. Current ondinan ce nequiiierrirmts do not povidfi fa i tl is design flexibilit`l; therefore, imidenlial loll are designed la maximise gublic sueel fhonta8c due to aonstruation cosl!i and density yield!i. Stepheinson Village will be planned to account far tl a mia a s ui es &i a ribed in this para grafi h, which will be be nefia is 1 in a chieviri g thea a deiign goa s and will serve as a miodfil Jori other &velaymanis to follow. 11he clos;i ;i e a 1 Tonal base and surface ;i tandai ds are consist em with VDOII si andards for a s ubdivision stj eet !i e ruing 450 vehia le ti ips pet day. �EJ�LIGF ��EIT �o1E,4TiAC. 19-a SAVE S71F]PHENSO NI VII]IJAGE )1AIIN1114 ft SUPPOM GRAPHIC Saa le: Apriil I C 03 1 JiE U h E] FILa.N r IN Cl 81 DESIGN aftCIUP, In C. L r TYP r &A I- S FD FG% L j TjPl,-,111P- `T eT SYs?IIr VIITlar c E r-Izof' 1'uldT A To tl,,, iT All r EA51IeeAl Alorl(i TSE cT"T cr �ITEI={+r 11 6 k1A! 9 '530a FEET. STEMEINSON VII LAG E WIAIVBR 015b SUMPOR'll GRAPHIC 9 calx: All nil 200_ 7Hf I LANo RtANr inti & E1lll CAoup, INCL C orl�jz�7s; vi STEPHENSON V]IL L AGE WAIVER #54 SUHPUHT ORAPHIIC Scala: Apiiil 2101 TF E LANE] PLANNING & DESIGN GRaUP, IPI 4. STv—mT MODIPICA11 ON #6 § 165-72M Hhasiing Or din an c e Requii ement: A schedule of phasf s shall be submitted with each proposed play ned community. The schedule shall spa eiffy the yeah in whie h each phaco will be completely developed. Alters alive Design Star da d: A detailed mai to i development plan will It nequi:ie d to be app:w w d 1) R edelik k Clounty 11oii each de ve loll ment phase of Stephenson N illage . I1 applicable, each developma nt pl ase will be designed as a phasf plan to ensure that a logical sf giie nae o� development occurs fan the provision of roads, othe:i inhastrLetura, and applicable open space and recreational facilitif s. At will be appiiopiiale Jor multiple developrrienl phases to be unde:i cons to o tion at any given tima ; howe vi r, development pl a s es that are des igii a d as a phas e pla n mus t ba c omll Ie to d in s a qlu a nc e. Jus tific a tie ri Jori Modifie a tion: Ste II l a ri s on �I illage A planned to contain a mixture of housing types that will be developed by multiple builders. 9 ome development pt asci within Stell he nson Village will a a n tain only one type of ha u s ing , while others developma nt III a s es will contain rr iultiple I o u s in8 pi odic c t8. The ma rkf t will dic I a to the typf of housing an d the rate at which housing is e ompleted within Sto 111 a n s on Village; tho i eilo: d, it is irr pa s sible t o p: a vide a ,io he dule that ido ntiiie.i t he yeah who n a a ch pl as e will be complo 0. Howevel, iI is reasonable to iiequire a phase plan fon 1,rger development phases within Stephenson Village to encu ie the 1 large phases in the corrirriiun ity are developed ace a ndingly so that j oa d syi to mis a nd a the Y irripi overs lents are p: w vided in a time ly Ila] I ion. Ara do rick County will nequi:ie e ach developma nt phase, large on s rnia 1, to provide a su: e ty gii arantea ilor all improvements identifie d on the fina development plans. Thernefone, tf e Clounty has the al ility to e nsuiie that all da ve k 1 me n t phases that ane permitted are developed ao cordingly. N ODIFICIA1ION#7 1165-72011) Huffans and seraenisig Clndinance Ragiihiement: Buffeins aii d s c:ueening shall be provided accojidiii gly a s ;i H a cified iii � 1 fl` I-37 of this chapter. Road efficiene l l builff ns 11211 be provided � ccoridiii g to tl e nequiriements a f the t sea tion. AN rnatiye Desigii Standaiid: Tho dh tail o es 7iequire c I for tl e road effia is n a y W Ifer along the major collector road serving Stephenson Villag a ni � y bo ra du i a d in as cordae a e with tl a � tta ched ni � tnix, p:ua vided that the described sa pea n ing and lando a a pii g ma � suwiei art ma I or a }i a eeded throughout the coiri mti nit y. Justification fon Modification: 'Rhe ordinance currently requires the first 40 feet of the noad efficiency bullfen to be inactive � nd a a nt ain an opaque e le ma i t the t is six feat in height witl t hra e trees peri 10 linear feet. It may be appropriate to reduce tht inactive distance fon the toad efficiency bullftr to some degiee, p:ua`iided that enhanced saref i ing mea:iune; are provided includiiig higher opaque elements sual as decoriatiria walls or a conic ination ear 1 bemi and via 11 nd a planting scheme thail a nha ncei the atl nae tivena ss of the major a olle a to n road corridon. SWIlanson Village desiiies to have the flexibility to utilize a varittil of :iaad efficiency l uflleii standards ii a luding tl os e a un eptly pro`iide d by ordinana t aid those in a ccorda rice with tl a a tta ched rr atrix. � 2 ƒ � ( q \ 777 00 el / � \ \ cd C) i \ / C) ` � 7 E } Q\/ m /// M OD) F] C IATION #8 § 165418 RdmininigI procedure ordinance 14 quhement: In order to havf land n coned to the R4 Distiiiat, a mate: development plan meeting a i rf quiiements of this chapte: , shalI N submitted witl tiezoning applioatian. AN rnative Des ign Standar d: The provision a f a pi ofilei ed Genes alized Dal t lopment Man for Ste pt t mon Village to idt ntify the o oncept of the overall aci eaga and iii s i ela tions hip to adjoining properties and adjoining roadways. 'Iht Gene: a liaed Developma nt Plan for Stephenson Village will provide Lland Ha`l, to demionstratf tI t proposad genera land we plan layout for the entire acre age. Me Genes alized Developrrient Bllan ilor Itephensa n �I illagt will also pralide a matrix identifying the jesidential and non-residential land uses within each Land Hay, the pi oit cted as reaga of each Land Bay and tl t pei cent age of housing unit type] that ar e pi o pa sed to ensurt tha I a mixture ail housing typt s is provided. .Ilustification for Modifiaalian: A re s ide ntia 1 planned a a mirnuni ty on 794.6], as r es of land a an n a t be a o mipletely ma stet planned ai a condition oil reaioning approval. These cozxumunitit s ai e dynamia due to the mai ker, tl t ra los e, the ()iaa t location oil iiesideniial units, inti rnaI roads, neight o ihood a omirr ei tial, re cro a1 o ri a a zxut ri ides , opt n span( and significa ri t t nvixionrricnta ft aturo are difficult to identify at Ihi;i stag t in tl e process. The Applicant aha uld be pre l an d to identif`I basia infarrriaiion per airing to the overall deve lopmient of tht residential planned community lo inform deo ilia n m 6 ers and interested a itiaie ns how the genes al land use patterris and rmajar road s`l�tems will be developed should a tiewning be aplioved. '➢he use of a Genera iced Development Plan as a tool for thij purport is reasonablt, as i aantains illusirative and general development information that can assist in undo ns tan ding the basic o ona ept� oil a rt A iden ial plc ne t d community and guide the more formalized N asten Developrrut nt Plan process following n zoning approval. 1lheriefa ne, it it mequested ho t a Gener alized Dt vela l miens Plan be pt rmil ted to film tion in the place ail a detailed N aster Df `it la l ment )=Ilan du ing the rezoning pra aess . ,I x� ClSIV �AI11R • /,I z CANER"E0 ]EVELOHMEIT PLAN 91113PHEN SON V EULA GE o18 , m „ M I11IT A STONEWALL MAGISTERUL DISTRICT FREDERICK COUNTY, VIRGINIA -v Q n b ca A RLANNIP14 o �� $ 3p^g3�igAs l6l n 9y RW leas Q FRE9E91C MD 2170 nwa.d ` 1g71 �Ch-L L. vkgle41 22048 GROUR j n,a dxN :S T.lepham 940-992-4199 `ai COO a, g.l4" FAX W-722-8629 L HDa NNINe-Sl RLINNING-L woscnaeu+cl.rrecru E Q `` A r JJ k 06 rt4 � � a R Irc " I. !V z CANER"E0 ]EVELOHMEIT PLAN 91113PHEN SON V EULA GE o18 , m „ M I11IT A STONEWALL MAGISTERUL DISTRICT FREDERICK COUNTY, VIRGINIA -v Q n b A RLANNIP14 o �� $ 3p^g3�igAs l6l n 9y RW leas Q FRE9E91C MD 2170 nwa.d ` 1g71 �Ch-L L. vkgle41 22048 GROUR j n,a dxN :S T.lepham 940-992-4199 `ai c g.l4" FAX W-722-8629 L HDa NNINe-Sl RLINNING-L woscnaeu+cl.rrecru E R Irc a e K � 10 I E i P i a z CANER"E0 ]EVELOHMEIT PLAN 91113PHEN SON V EULA GE o18 , m „ M I11IT A STONEWALL MAGISTERUL DISTRICT FREDERICK COUNTY, VIRGINIA -v Q n THEILFND QREENNYIr�rn�i iia RLANNIP14 a DESIGN sac �tiiEsry Evlo. surtE ,oz l6l n 9y RW leas FRE9E91C MD 2170 nwa.d ` 1g71 �Ch-L L. vkgle41 22048 GROUR so,assef�z > aen T.lepham 940-992-4199 1NC- FixDo lays az,s g.l4" FAX W-722-8629 L HDa NNINe-Sl RLINNING-L woscnaeu+cl.rrecru E MODIFI(RTION A19 � 1165-133B Masiler develogmiertplan, conligilouij lain § 1165-141A(8, Masiler &veloilmienil glan, conlents § 11(15-1401l3);(4,;(18' Masher develop. plan, R4 aanlents Chidinance Rcguinement. TI- e Mas tar Deva lopment F Ian s hall include a 11 contlgua i s land under singla on corr mon a v na rs l ip in the R4 Distria t. The N a sten L e ve le llmeni F la n sha 1 provide foli a scho di le a l pl a ses, with the appiiopniate la a a Iia n of phase boundaria � an d the order in which the 11 hw es ane to be W ie le p a d. Thi Ni a sl ei i F a ie la p m ent F Ian i ha 1 pi iovidi ilor the acneage A common oll a n spaci , a a ch use, eaa h hour ing type and sty feet s ilor the tot al developrr eni ; thi numibei oil dwelling units of eaah Type in each phase fon the total development, ar cl IN approximate boundaries and location of common open Space for the tola1 aciieage of tha site. Atte rnative Di, ign 9 tandarid: The provision of a detailed N aster Developmar t Plan for Stephensar Village tl at is designed 10 neflect the acreage v ithin thi aomimiunity that is plannad loli devilopmenl bbl spaailic phase and provides an aggregate labulalion al all niquiiied development pelicentages to irsuri that the requirements oil the il4 Dislnicl and the proflened Generalized De ve lopmo n t 1 Ian are met 1 hra ughout 1 he da `ie to p mi a t a f the S to phi ns on Village comimuniiy. Jus I ification fa ri Modiilical ion : A neaidential planned aemmiunity on 794.6j, acnes oil land aannol be completely ffaslen planned a the onset due to tta aomiplexitias asaoaiatad with planning and design of the community and tl e unaartainties of what Ian uses v ill ultimately ba developed in latera yuan oil the comimunity's de ve lopmenl. Bach devi loped phase of a ra <idenlia planned comimun:it3l is a "building block p:iaeess" that will hada an irnipact on the lype and rate oil devilopruenl in ensuing phases oil the community. Stephenson Village will be planned, designed and engineired continuously oven 1he life of the developrnienl; thanailoiie, the ability to mia a t the da sign iiequiremeni s fon the "tote developma nt" as ipi a ified by tl e (lounty Code cannot be aacomplisl act. A series of Masten F a)icIcprncnt Flans will be prepared Jon Stephenson Village o`ier tla yeavi 1hal will pro vido aggragatas to account ilor the community's growth and to ensure thal all 1olals ara aither mat or not axaeeded. All ri q u ined in form tion, ro) iia v s and pi iocesses will be achieved fon i a ch Ma to r Do)ialollmont F Ian aubmdl1ed ilor Stephenson Village; however, inforrralion fan the tolal c a miry unity v 11.1 not be available until tl a piiq jo o t h rr ua l lurthen a la ng. 'l he proffered Clomralha d Development Flan will serve as a guida to eniurne consistency in the land 11 Tanning pnoceis , as well as that the da B iro d homing unit mixes and po nco nta8 a s ane achieved fa r this comirf unity.