55A212_HaggertyProperty(TheCanyon)AMENDMENT
Action:
PLANNING COMMISSION: January 19, 2005 - Recommended Approval
BOARD OF SUPERVISORS: February 9, 2005 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING # 14 -04 FOR THE HAGGERTY PROPERTY
(The Canyon, LC)
WHEREAS, Rezoning #14 -04 for the Haggerty Property, submitted by Patton Harris Rust &
Associates, to rezone 111.56 acres from RA (Rural Areas) District to RP (Residential Performance)
District. This property is located adjacent and east of Eddys Lane (Route 820), approximately three miles
east of Winchester and 1 feet south of Route 7. The subject site is further located adjacent and south of
the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms
the boundary of Clarke County, in the Red Bud Magisterial District, and is identified by Property
Identification Numbers (PINS) 55A -212 and 55- A -212A.
---ilow 55 —A -212 and 55— A -212A
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 19, 2005;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 9, 2005; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
change 111.56 acres from RA (Rural Areas) District to RP (Residential Performance) District, as
described by the application and plat submitted, subject to the attached conditions voluntarily proffered
in writing by the applicant and the property owner.
PDRes #05 -05
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of February, 2005 by the following recorded vote:
Richard C. Shickle, Chairman A SP Barbara E. Van Osten A y e
Gina A. Forrester Na y Gary Dove Aye
Lynda J. Tyler Aye Bill M. Ewing Aye
Gene E. Fisher Aye
A COPY ATTEST
Jo . Riley, Jr.
Frederick County Administrator
PDRes #05 -05
PROPOSED PROFFER STATEMENT
REZONING: RZ. /# 14 -04
Rural Areas (RA) to Residential Performance (RP)
PROPERTY: 111.56 acres + / -;
Tax Map Parcels 55-A-212 & 212A (the "Property")
RECORD OWNER The Canyon, LC
APPLICANT: The Canyon, LC
PROJECT NAME: Haggerty Property
ORIGINAL DATE
OF PROFFERS: December 20, 2004
REVISION DATE (S): 1/12/05; 1/20/05;2/9/05
The undersigned hereby proffers that the use and development of the subject
property ("Property"), as described above, shall be in strict conformance with the following
conditions, which shall supersede all other proffers that may have been made prior hereto.
In the event that the above referenced RP conditional rezoning is not granted as applied for
by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null
and void. Further, these proffers are contingent upon final rezoning of the Property with
"final rezoning" defined as that rezoning which is in effect on the day following the last day
upon which the Frederick County Board of County Supervisors (the `Board ") decision
granting the rezoning may be contested in the appropriate court. If the Board's decision is
contested, and the Applicant elects not to submit development plans until such contest is
resolved, the term rezoning shall include the day following entry of a final court order
affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of
any provision of the proffers. The improvements proffered herein shall be provided at the
time of development of that portion of the Property adjacent to or including the
improvement or other proffered requirement, unless otherwise specified herein. The term
"Applicant" as referenced herein shall include within its meaning all future owners and
successors in interest. When used in these proffers, the "Generalized Development Plan,"
shall refer to the plan entitled "Generalized Development Plan, Haggerty Property' dated
December 20, 2004 (the "GDP "), and shall include the following:
1. LAND USE:
1.1 Residential development on the Property shall not exceed a maxim of 300
dwelling units. Housing types shall be limited to single family detached and
single family attached units.
Proffer Statement Haggerty
1.2 Single familydetached housing types shall comprise a minimum of 60 units,
but shall not exceed a maxim of 150 units.
2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN
APPROVALS:
2.1 The Property shall be developed as one single and unified development in
accordance with applicable ordinances, regulations, and design standards, and
this Haggerty Proffer Statement as approved by the Board. The project is a
mixed use residential type allowing a range of housing types within limits
established by this proffer statement.
2.2 The maximum dwelling units for which certificates of occupancy are
requested shall be 75 in any 12 month period within the fast 24 months of
project development, beginning on the date of master development plan
approval by the Board, and 50 in any 12 month period thereafter. Any such
units not requested in a given 12 month period shall be allowed to carry over
to the subsequent 12 month period in addition to those units otherwise
permitted.
2.3 After 60 months from master development plan approval by the Board, any
remaining certificates of occupancy up to 300 maybe requested.
PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS
3.1 The Applicant shall design and build a public pedestrian - bicycle trail system
to Department of Parks and Recreation standards that links residential and
open space areas within the development. The precise location of said trail
system shall be determined during the master development plan (MDP)
process, pursuant to the approval of the Director of Parks and Recreation
and the Planning Commission. The trails shall be 10 feet wade, have an
asphalt surface and shall be located to enable connections with adjoining
developments.
FIRE &RESCUE:
4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling
unit for fire and rescue purposes, payable upon the issuance of a building
permit for each single family detached unit.
4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling
unit for fire and rescue purposes, payable upon the issuance of a building
permit for each single family attached unit.
SCHOOLS:
4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per
dwelling unit for school purposes, payable upon the issuance of a building
permit for each single family detached unit.
Page 2 of 8 Rev. 2/09/05
Proffer Statement Haggerty
4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per
dwelling unit for school purposes, payable upon the issuance of a building
permit for each single family attached unit.
6. PARKS & OPEN SPACE:
6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per
dwelling unit for recreational purposes, payable upon the issuance of a
building permit for each single family detached unit.
6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per
dwelling unit for recreational purposes, payable upon the issuance of a
building permit for each single family attached unit.
7. LIBRARIES:
7.1 The Applicant shall contribute to the Board the stun of $213.00 per dwelling
unit for library purposes, payable upon the issuance of a building permit for
each such single family detached unit.
7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling
unit for library purposes, payable upon the issuance of a building permit for
each such single family attached unit.
8. SHERIFF'S OFFICE
8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling
unit for the Sheriff's Office upon issuance of building permit for each such
unit.
9. ADMINISTRATION BUILDING
9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling
unit for construction of a general governmental administration building upon
issuance of building permit for each such unit.
10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS'
ASSOCIATION:
10.1 The residential development shall be made subject to a homeowners'
association (hereinafter " HON') that shall be responsible for the ownership,
maintenance and repair of all common areas, including any conservation
areas that may be established in accordance herewith not dedicated to the
County or others, for each area subject to their jurisdiction, and shall be
provided such other responsibilities, duties, and powers as are customary for
such associations or as may be required for such HOA herein.
10.2 In addition to such other duties and responsibilities as may be assigned, an
HOA shall have title to and responsibility for (i) all common open space
areas not otherwise dedicated to public use, (ii) common buffer areas located
Page 3 of 8 Rev. 2/09/05
Proffer Statement
11.
12.
13
Haggerty
outside of residential lots; (iii) common solid waste disposal programs, if they
decide to use a commercial collection company, (iv) responsibility for the
perpetual maintenance of any perimeter or road buffer areas, all of which
buffer areas shall be located within easements to be granted to the HOA if
platted within residential or other lots, or otherwise granted to the HOA by
appropriate instrument and (v) responsibility for payment for maintenance of
streetlights.
10.3 The Applicant shall provide management and start up assistance to the
HOA to include a contribution of $100 per dwelling unit to an escrow
account established for HOA operations.
10.4 Curb side trash collection service shall be provided to all dwelling units by
commercial carrier. The HOA shall be responsible for arranging and
managing the delivery of said service to all dwelling units within the
residential development.
WATER & SEWER
11.1 The Applicant shall be responsible for connecting the Property to public
water and sewer, and for constructing all facilities required for such
connection. All water and sewer infrastructure shall be constructed in
accordance with the requirements of the Frederick County Sanitation
Authority ( "the FCSA ').
11.2 The Applicant shall provide needed lands and easements on this site at no
cost to the FCSA in order to implement the Senseny Road Regional Sewage
Pump Station project. (See 1 on GDP).
11.3 The Applicant shall establish a buffer to a distance of 600' from presently
planned future treatment units on the Frederick-Winchester Service
Authority ( "the FWSA ") site. No residential dwelling units (structure) shall
be located within this buffer. (See 2 on GDP).
11.4 The Applicant shall install a water main to a point of connection with the
FWSA Opequon Sewer Plant property line. The water main will be installed
and serviceable before the 101" building permit is issued. (See 3 on GDP).
ENVIRONMENT:
12.1 Stormwater management and Best Management Practices (BMP) for the
Property shall be provided in accordance with the Virginia Stormwater
Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results
in the highest order of stormwater control in existing Virginia law at the time
of construction of any such facility.
TRANSPORTATION:
13.1
Transportation improvements shall be initiated at the outset of the
development process unless otherwise specified below.
Page 4 of 8 Rev. 2/09/05
Proffer Statement
Haggerty
13.2 The Applicant shall construct a collector road as the "spine" of the project's
internal road network and to provide direct access from the project to VA
Route 7. Said collector road shall be located within a sixty foot right of way
aligned parallel to the planned right of way for VA Route 37, and shall be
constructed as an urban undivided (U2) cross section with a center turn lane.
The collector road shall be constructed from VA Route 7 to the project site
prior to issuance of the fast building permit for the project, and shall be
completed to the south project boundary prior to issuance of the 151"
building permit. The Applicant reserves the right to apply for partial funding
for collector road construction through revenue sharing or other programs as
may be available through VDOT and/or Frederick County. (See 4 on GDP)
13.3 The Applicant shall install those improvements necessary to complete the
cross -over at the intersection of the "spine" collector road and VA Route 7,
including Route 7 improvements with rum lanes, pursuant to VDOT
specifications and approval. The Applicant shall further enter into a
signalization agreement with VDOT for said intersection.
13.4 The Applicant shall make available the area necessary for the future
construction by others of an east -west road that will connect to the "spine"
collector road. (See 5 on GDP)
13.5 The Applicant shall construct an entrance onto the "spine" collector road for
the Opequon Regional Wastewater Facility. The final location and design of
said entrance shall be determined pursuant to the specifications and approval
of VDOT, the County, and the FWSA.
13.6 The right of way for VA Route 37 as identified by County studies and
generally shown on the GDP will be surveyed and platted. The Applicant
will cause the dedication of this right of way at no cost to the County within
90 days of request by the County. (See 6 on GDP).
13.7 The Applicant shall construct a complete densely planted landscape screen
on a 20' landscape easement adjacent to both sides of the proposed VA
Route 37 right of way and /or the proposed "spine" collector road. At least 3
trees are to be planted for each 10 linear feet of easement and are to be 4 feet
in height at time of planting. The mix of trees are to be determined through
discussion with the Virginia Forestry service and VDOT and shall be shown
on initial construction plans. (See 7 on GDP).
14. ESCALATOR CLAUSE:
14.1 In the event the monetary contributions set forth in the Proffer Statement
are paid to the Frederick County Board County Supervisors (`Board ") within
30 months of the approval of this rezoning, as applied for by the Applicant,
said contributions shall be in the amounts as stated herein. Any monetary
contributions set forth in the Proffer Statement which are paid to the Board
after 30 months following the approval of this rezoning shall be adjusted in
accordance with the Urban Consumer Price Index ( "CPI -U") published by
the United States Department of Labor, such that at the time contributions
Page 5 of 8 Rev. 2/09/05
Proffer Statement
Haggerty
are paid, they shall be adjusted by the percentage change in the C'I -U from
that date 24 months after the approval of this rezoning to the most recently
available CPI -U to the date the contributions are paid, subject to a cap of 6%
per year, non - compounded.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 6 of 8 Rev. 2/09/05
Proffer Statement Haggerty
Respectfully submitted,
The Canyon, LC
M
Title: Manager r
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me thW f h day
of VQ ' , 2005, by Tow, C1 a: �-6 f I i rick t/
Myconunassion expires ( 1-K) C
Notary Public
Page 7 of 8 Rev. 2/09/05
31 Ii
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DENOTES GENERALIZED OPEN SPACE LAYOUT
HAGGERTY PROPERTY gilbert w. clifford & associates
a d of
0 o GENERAUZED DEVELOPMENT PLAN Patton, Harris, Rust & Associates, pc
111 E Picadlly SL Winchester, Virginia 22601
FREDERICK COUNTY, KRGlN[A VOICE (540) 667 -2139 FAX: (540) 665 -0493