75A99A_VillagesAtArtripAction:
PLANNING COMMISSION
BOARD OF SUPERVISORS
AMENDMENT
February 15, 2006 - Recommended Approval
November 8, 2006 141 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #12 -05 OF VILLAGES AT ARTRIP
WHEREAS, Rezoning #12 -05 of Villages at Artrip, submitted by Dewberry, to rezone 169.924 acres
from RA (Rural Areas) District to R4 (Residential Planned Community) District with proffers, for the
proposed mixed use development of 793 residential units and retail, restaurant, office and public uses was
considered. The property is located one mile west of Interstate 81, three quarters mile north of Tasker
Road (Route 649), 150 feet north of Fair Lawn Court (Route 1176), and west of Canter Estates Section V —
Falabella Drive, in the Shawnee Magisterial District, and is identified by Property Identification Number
(PIN) 75- A -99A.
WHEREAS, the Planning Commission held a public hearing on this rezoning on August 3, 2005, and
took action at a public meeting on February 15, 2006; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 11, 2006,
and took action at a public meeting on November 8, 2006; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
change 169.924 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District
with proffers, for the proposed mixed use development of 793 residential units and retail, restaurant,
office and public uses, 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 #33 -06
This ordinance shall be in effect on the date of adoption.
Passed this 8th day of November, 2006 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gary Dove
Aye
Bill M. Ewing
Nay
Gene E. Fisher
Aye
Charles S. DeHaven, Jr.
Nay
Philip A. Lemieux
PDRes 433 -06
Aye
A COPY ATTEST
AV<
Jo . Riley, Jr.
Fiderick County Administrator
PROFFER STATEMENT
REZONING: RZ #12 -05 and MDP #09 -05
RA to R4
PROPERTY: 169.924 acres + / -;
Tax Map & Parcel 75 -A- 99A (the "Property ")
RECORD OWNER: Winchester - Artrip Limited Liability Company, a Virginia
Corporation
APPLICANT: Winchester -Artrip Limited Liability Company
PROJECT NAME: Villages at Artrip
ORIGINAL DATE
OF PROFFERS: June 2004
REVISION DATA: May 20, 2005
June 17, 2005
September 9, 2005
September 26, 2005
November 28, 2005
January 27, 2006
September 8, 2006
October 10, 2006
October 25, 2006
The undersigned hereby proffers that the use and development of the subject property
( "Property "), as described above, shall be in strict conformance with the following
conditions, which shall supersede all other proffers that may have been made prior hereto. In
the event that the above referenced 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 that is in effect on the day upon which the Frederick County Board
of County Supervisors (the `Board ") grants the rezoning.
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, assigns, and successors
in interest. When used in these proffers, the "Master Development Plan" shall refer to the
plan entitled "Master Development Plan, The Villages at Artrip" prepared by Dewberry (the
"MDP ") dated January 27, 2006 and revised September 8, 2006, sheets 1 -4; provided further
that sheet 5 thereof, entitled General Development Plan ("GDP"), shall not be deemed a part
of the MDP submittal but is otherwise proffered as set forth herein.
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1. LAND USE
1.1 The project shall be designed so as to establish interconnected mixed -
use villages in conformance with the MDP and the GDP, and as is
specifically set forth in these proffers.
1.2 Except as modified herein, areas of commercial development on the
Property shall be developed in conformance with the regulations of the
Residential Planned Cormmunity ( "R4 ") zoning district, as set forth in
the Frederick County Code Article VII, §165 -67 through §165 -72, as
cross - referenced to Article X, §165 -82, Sections A through D inclusive,
and § 165 -83. All commercial development on the Property shall comply
with the aforesaid regulations, or as may be otherwise approved by
Frederick County.
1.2.1 Commercial, retail, restaurant and office development on
the Property shall not exceed 128,550 net useable square
feet of commercial area, and shall be provided within the
Core Area.
1.3 Except as modified herein, areas of residential development on the
Property shall be developed in conformance with the regulations of the
Planned Community ( "R4 ") zoning district, including permissible
housing types, including those set forth in the Frederick County Code
Article VII, §165 -67 through §165 -72, as cross - referenced to Article VI,
§165 -58, through §165 -66, including as set forth in Appendix A
( "Housing Types "). In the event that the Applicant elects to construct
any of the Housing Types that are set forth on Appendix A attached
hereto and incorporated herein by reference, such.units shall conform to
the development standards established therein. Housing Types and lot
layouts within these Landbays may comprise any of the permitted
Housing Types identified for those Landbays as set forth on the MDP or
as are otherwise authorized for the RP district as it is incorporated by
reference into the R4 district; provided further that no more intensive
Housing Type may be constructed in any Landbay than is identified as a
Housing Type pennitted therein on the MDP.
1.3.1 Residential development on the Property shall not exceed a
maximum of 793 dwelling units, with a mix of Housing
Types permitted in the R4 district, subject to the
modifications as set forth in Appendix A, and dwelling
types shall be constructed in the locations generally
depicted on the MDP and as further set forth herein.
1.3.2 For the purposes of these proffers, single - family attached
and detached and multi - family units shall include those
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Housing Types identified on the MDP and set forth in the
applicable provisions of the Zoning Ordinance including
detached cluster housing, small lot singles, single - family
urban, zero lot line singles, and village rear load singles.
Multi- family units shall include apartments, fee simple
condominiums, and duplex units.
1.4 Development of commercial, residential and community uses within the
area identified on the MDP as the "Core Area" shall generally conform
to a grid lot layout, and the street layout and Housing Types depicted
therein on the MDP. Not fewer than three Housing Types shall be
provided in the Core Area. The layout of the Core Area shall be
constructed in general conformance with the GDP, provided that
reasonable adjustments may be made to the locations thereof upon final
engineering.
1.4.1 The Applicant shall construct not fewer than 100 residential
units of three different permitted Housing Types in the
Core Area in Phase I of the development as otherwise set
out herein.
1.5 Development within the Landbays on the Property outside the Core Area
shall generally conform to the street layouts, points of connection to
Warrior Drive and Parkins Mill Road, and the limits of development as
are depicted on the MDP; provided that minor adjustments may be made
to the locations thereof upon final engineering. Housing Types and lot
layouts within these Landbays' may comprise any of the permitted
Housing Types identified for those Landbays on the MDP and
authorized herein or subsequently approved by the Frederick County
Planning Office; provided further that no more intensive Housing Type
may be constructed in any such Landbay than is identified as a Housing
Type permitted therein on the MDP.
1.6 Notwithstanding any provision of law to the contrary, rental apartments,
condominium units and rental apartments over retail and office uses
shall be permitted.
1.7 The gross density of residential units shall not exceed 4.7 units per acre.
1.8 Shared parking shall be provided for retail, restaurant and office uses
within Landbay "A" such that a 10% reduction or increase of the
required parking spaces shall be permitted.
1.9 The Applicant shall make reasonable attempts to preserve the specimen
Delaware Pine in the general vicinity of the cemetery on the property
identified on the MDP as Village Green B. Such Green shall be
preserved for passive recreational use, provided that a tot lot may be
located thereon. During construction the limits of clearing and grading
in the vicinity of the specimen Pine shall be identified and field flagged
in connection with the Applicant's compliance with requirements of the
JP0047851.DOC / 1 Proffers (BOS Revisions) 000419 000004}
3
Frederick County Erosion and Sedimentation Control Ordinance to
prevent unintended disturbance of areas to be preserved.
2: CONSTRUCTION OF A UNIFIED DEVELOPMENT
2.1 The Property shall be developed as one single and unified development
in accordance with applicable ordinances and regulations for the R -4
zoning district, the MDP, and this Proffer Statement as it may be
accepted by the Board.
3. PHASING OF THE DEVELOPMENT
3.1 The Property shall be developed in three phases, with the commercial
portions of the Property to be developed in Phase II as set forth herein.
The three phases shall be authorized as follows:
3.1.1 Phase 1. Residential development shall not exceed 325
dwelling units and shall consist of not fewer than three
permitted Housing Types.
3.1.2 Phase II. Residential development shall not exceed an
additional 275 dwelling units, for a total of 600 dwelling
units comprising not fewer than three pennitted Housing
Types.
3.1.3 Commercial development shall include not less than 20,000
square feet of commnercial /retail /restaurant gross leaseable
floor space in the Core Area, whose shell has been
constructed not later than the 600`h residential building
permit.
3.1.3.1 Notwithstanding the foregoing, and except to
the extent set forth herein, the Applicant may
construct all or any portion of the commercial
development authorized in these proffers at any
time.
3.1.3:2 The Applicant shall submit a site plan for the
aforesaid commercial development prior to the
issuance of the 326`" residential building permit.
3.1.4 Phase III. Residential development shall not exceed an
additional 193 dwelling units, for a total of 793 dwelling
units.
3.1.5 Community improvements. Community- serving
improvements such as community center, tot lots, and
similar improvements as shown on the MDP shall be
,P0047851.DOC / I Proffers (BOS Revisions) 000419 000004}
4
constructed in conjunction with the Landbay with which
such improvements are associated; provided that the
community civic center and pool to be constructed in the
Core Area shall be designed and bonded at the beginning of
Phase 1, and constructed prior to the issuance of the 3251h
building permit.
4. ARCHITECTURE, SIGNAGE, AND LANDSCAPING:
4.1 The following building materials may be used for construction within
the Property, and no others:
4.1.1 Pavements / Curbing shall consist of cast in place concrete,
natural and colored; aggregate concrete; precast concrete,
natural and colored; concrete pavers; brick pavers; stone
pavers; asphalt pavers; granite; ceramic tile; asphalt.
4.1.2 House sidings shall consist of EFIS; stucco; brick;
cementious siding; cedar siding; stone veneer; painted
wood; vinyl siding; stained wood; aluminum; aluminum
wrapped trim; hardy plank; PVC trim.
4.13 Decking and fencing shall consist of pressure treated wood;
stained wood; painted wood; PVC fencing; IPE decking;
cedar decking; TREX decking or similar recycled product.
4.1.4 Miscellaneous materials that may be used for roofing shall
consist of standing seam metal roofing, colored; slate
roofing; asphalt roofing; powder coated steel, colored;
galvanized steel; aluminum brushed; anodized aluminum,
colored; 304 stainless steel.
4.1.5 Additional materials not listed herein may be submitted to
the Director of Planning for approval, who shall determine
whether those materials are of a type and quality
substantially similar to those listed.
4.2 Vinyl siding shall not be used on the front elevation of residential
structures facing Warrior Drive or on the fronts of residences located
on comer lots that intersect with Warrior Drive. The side of a
residential structure that faces Warrior Drive located on a corner lot on
a road that intersects Warrior Drive is not permitted to have vinyl
siding on that elevation.
4.3 Notwithstanding the foregoing, materials used for exterior facades of
the commercial buildings shall include but not be limited to concrete
masonry units (CMU) split -faced block, architectural block, dryvit, or
other simulated stucco (EFIS), real or simulated wood and/or glass.
1P0047851.DOC / I Proffers (BOS Revisions) 000419 0000041
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Standard concrete masonry block shall not be used for the front
facades of any buildings.
4.4 All buildings within the development on the property shall be
constructed using compatible architectural styles. The Applicant shall
establish under the jurisdiction of the HOA(s) to be established
hereunder, one or more Architectural Review Boards to enforce and
administer a unified development plan.
4.5 All signage within the project shall be in substantial conformity with
the comprehensive sign plan incorporated herein as Appendix B to
these Proffers; provided that the Director of Planning may authorize
alternative signage that is substantially consistent with the aforesaid
sign plan.
4.6 The major collector roadways (Warrior Drive and Parkins Mill Road
Extended) in the Villages at Artrip shall be constructed with a
minimum 20' width buffers adjacent to dedicated rights -of -way and,
except at entrance locations, shall be improved with landscape features
and lighting to create a "boulevard" appearance. Illustrative details of
such buffers shall be as set forth on the MDP.
5. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS
5.1 The Applicant shall design and build a public pedestrian - bicycle trail
system to Department of Parks and Recreation standards that links
residential and commercial areas within the development and provides
additional connectivity to adjacent properties. Said trails shall be in
general confonnance with the South Frederick Land Use Map and
shall be in the locations generally depicted on the MDP. Five -foot
sidewalks shall be constructed on all public streets and a minimum of
four foot sidewalks shall be constructed on private streets in
accordance with the requirements of the Frederick County Subdivision
Ordinance, except as may be otherwise depicted on the MDP. The
pedestrian/bicycling trail constructed along Warrior Drive and Parkins
Mill Extended shall be 10 feet wide, and shall have an asphalt surface.
6. FIRE & RESCUE:
6.1 The Applicant shall contribute to the Board the sum of $537 per
dwelling unit for fire and rescue purposes, payable upon the issuance
of a building permit for each such unit.
7. SCHOOLS:
7.1 Within one hundred and eighty days of written request therefor, the
Applicant shall dedicate to the Board of Supervisors approximately 18
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6
acres of land more or less as depicted on the MDP as Land Bay C, for
use only as a future elementary school site.
7.2 The Applicant shall extend sewer and water lines to the boundary of
the property to be dedicated for school purposes when sewer and water
lines are constructed to the Core Area .
7.3 The Applicant shall, upon written request therefor, dedicate to the
Board of Supervisors approximately five (5) additional acres of
property adjacent to and on the southerly side of Warrior Drive,
otherwise depicted on the MDP as preservation area, identified as
Land Bay F, for public use that is compatible with residential character
of the development of the Property and pennitted in the R4 District
pursuant to the County Zoning Ordinance.
7.4 The Applicant shall be pennitted to retain an easement on any such
dedicated property, and on any preservation, open space, or other
property to be dedicated, for the construction of permanent stomiwater
management facilities and utilities, as well as temporary easements for
the construction of utilities and structures, for the Villages at Artrip.
The Applicant shall coordinate any such facilities with the County and
the School Division. The Applicant shall be further permitted to retain
the right to construct stormwater management facilities for both
quality and quantity purposes, on the property dedicated for school
purposes.
7.5 The Applicant shall contribute to the Board the following amounts for
each dwelling unit constructed, for educational purposes, payable upon
the issuance of a building permit for each such unit.
7.5.1. For each single family detached dwelling, the sum of
$14,437.00.
7.5.2. For each single family attached dwelling, the sum of
$9,985.00
7.5.3. For each multifamily dwelling, the sum of $3,297.00
7.6 Without delay in the processing of other applications and issuance of
permits for development of the Property, the time for any dedication
required hereunder shall be extended by the time required to process
any application necessary to create the subdivided parcel of property to
be dedicated to the County for school purposes, and the Applicant
shall file and diligently pursue any subdivision application needed to
effectuate said dedication.
8. PARKS & OPEN SPACE:
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8.1 The Applicant shall contribute to the Board the sum of $847 per
dwelling unit for recreational purposes, payable upon the issuance of a
building permit for each such unit.
9. LIBRARIES:
9.1 The Applicant shall contribute to the Board the sum of $137 per
dwelling unit for library purposes, payable upon the issuance of a
building permit for each such unit.
10. ADMINISTRATION BUILDING:
10.1 The Applicant shall contribute to the Board the sum of $144 to be used
for construction of a general governmental administration building
upon issuance of a building permit for each such unit.
11. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION:
11.1 The residential portion of the development shall be made subject to
one or more homeowners' association(s) (hereinafter "HOA ") that
shall be responsible for the ownership, maintenance and repair of all
common areas, including any conservation areas that may be
established in accordance herewith not dedicated to the County or
others, and stormwater management facilities not dedicated to public
use, 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. If there
is more than one such association, the Applicant shall create an
umbrella HOA with respect to the entire development that shall,
among other things, have responsibility for assuring compliance with
design guidelines and standards, signage requirements, private road
and open space maintenance, and similar matters cormnon to the
development of the Property, and shall establish an architectural
review board subject to its jurisdiction.
11.2 Upon formation of the first HOA, the Applicant shall commission a
professional management company to prepare a study of the
anticipated revenues and expenses of the HOA and POA as further set
forth below, for the first two years of operation, or for such longer
period as may be required until such associations become self -
sufficient, and to establish an operating budget for each. The
Applicant shall provide to the HOA and POA funds in an amount
detennined by such study necessary to cover operating deficits that the
associations may have during such initial operations.
11.3 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
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8
specifically including the "Village Green" areas as depicted on the
MDP, (ii) common buffer areas located outside of residential lots; (iii)
private streets serving the residents who are members of such
association; (iv) common solid waste disposal and recycling programs,
including curbside pick -up of refuse by a private refuse collection
company, (v) responsibility for the perpetual maintenance of any
street, perimeter, or road buffer areas, all of which buffer areas shall be
located within easements to be granted to the HOA if platted within
residential or other lots, or otherwise granted to the HOA by
appropriate instrument, (vi) stormwater management facilities, and
(vii) the swimming pool and associated civic center /clubhouse.
11.4 The commercial elements of the development shall be made subject to
one or more property owners' association(s) (hereinafter "POA ") 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, and stormwater management facilities not dedicated to public
use, 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 POA herein. If there
is more than one such association, the Applicant shall create an
umbrella POA with respect to the entire development that shall, among
other things, have responsibility for assuring compliance with design
guidelines and standards, signage requirements, and similar matters.
11.5 In addition to such other duties and responsibilities as may be
assigned, a POA shall have title to and responsibility for (i) all
cormnon open space areas not otherwise dedicated to public use, (ii)
common buffer areas located outside of commercial lots; (iii) private
streets serving the businesses and/or residents who are members of
such association; (iv) common solid waste disposal and recycling
programs to include durnpster and contract carrier services provided
by a private refuse collection company, and (v) responsibility for the
perpetual maintenance of any street, perimeter, or road buffer areas, all
of which buffer areas shall be located within easements to be granted
to the POA if platted within commercial or other lots, or parcels, or
otherwise granted to the POA by appropriate instrument.
12. WATER & SEWER:
12.1 The Applicant shall be responsible for connecting the Property to
public water and sewer, and for constructing all facilities required for
such connection at the property boundary. All water and sewer
infrastructure shall be constructed in accordance with the requirements
of the Frederick County Sanitation Authority.
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13. ENVIRONMENT:
13.1 Stonmwater 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, or such requirements as may be applicable at the time of
plan approval, for the purpose of providing the highest order of
stormwater control in existing Virginia law at the time of construction
of any such facility.
13.2 Stream preservation buffers shall be constructed in general
conformance with the MDP, so as to create buffer requirements
established by the Frederick County Zoning Ordinance to protect
Opequon Creek and the unnamed tributary to Opequon Creek from
disturbance. No clearing or grading shall occur within those buffers,
except for the construction of road crossings, trails, water lines,
sanitary sewer, or other utilities.
13.3 During construction on the property, the limits of clearing and grading
shall be identified and field flagged in connection with the Applicant's
compliance with requirements of the Frederick County Erosion and
Sedimentation Control Ordinance, for the project as a whole, to
prevent unintended disturbance of areas to be preserved.
13.4 The Village Pond located within the Core Area shall be improved and
preserved as a visual amenity and may be used for stone water
management purposes for both quality and quantity.
13.5 The fifty -foot woodland conservation area depicted in Land Bays D
and E on the MDP, adjacent to Canter Estates, shall remain
undisturbed; provided that the Applicant may provide for adequate
stormwater management outfall within such conservation area. Any
such outfall shall be designed so as to minimize the impact on such
area.
14. TRANSPORTATION:
14.1 Transportation improvements shall be constructed in conjunction with
each phase of the development as set forth below, specifically
including, without limitation, the improvements identified for the
intersection of Warrior Drive and Tasker Road. Design of the
roadway system shall be phased as set forth in these Proffers and shall
be substantially consistent with the study entitled "A Phased Traffic
Impact Analysis of The Villages at Artrip," prepared by Patton, Harris,
Rust & Associates, dated December 15, 2004 (the "TIA "). The exact
location and design of proffered improvements shall be subject to
reasonable adjustment upon final engineering thereof. The Applicant
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10
shall construct at its expense pedestrian - actualized signalization at
each of those locations for which such signalization is identified in the
TIA, upon issuance of warrants therefor unless such signalization has
been accomplished by others.
14.2 Prior to the issuance of certificates of occupancy for residential uses
on streets to be placed into the State System of Secondary Highways,
the Applicant shall comply with the requirements of Section 144 -17
(A) of the Frederick County Subdivision Ordinance. For the purposes
of these Proffers, construction of any road or street referenced herein
shall mean construction consistent with the requirements of that
section.
143 The Applicant shall construct the following road improvements as its
road phasing for Warrior Drive and Parkins Mill Road, if construction
of that road is initiated from Wakeland Manor.
14.3.1. Prior to the issuance of the first residential building permit for
the project, the Applicant shall construct an extension of
Warrior Drive from Point A to Point B as depicted on the MDP
as a full four -lane divided roadway, including construction of a
full section of a roundabout or traffic signalized intersection, as
may be approved by the Virginia Department of
Transportation, at the intersection of Warrior and Parkins Mill
Road. if a signal is not warranted at the time of the
construction of the roadway, the Applicant shall bond the
installation of that signal until warrants are satisfied. In
conjunction with such construction, -the Applicant shall further
connect Warrior Drive into the adjacent property known as
Wakeland Manor, so as to match the pavement widths of that
portion of Warrior as constructed by others. The bridge
crossing of the unnamed tributary of the Opequon on the
southermnost edge of the Property at Point A shall be
constructed to accommodate the ultimate design of Warrior
Drive.
14.3.2. Prior to the issuance of the first residential building permit for
the project, the Applicant shall further construct a full two lane
section of Parkins Mill Road Extended, from its intersection
with Warrior Drive at Point B to Point BI, as generally
depicted on the MDP and within existing dedicated right -of-
way, and shall construct the improvements to the Tasker Road /
Warrior Drive intersection as identified in the TIA.
14.3.3. The Applicant shall block all vehicular access from Parkins
Mill Extended to Falabella Drive in Canter Estates Section V
until the County directs that such connection be made;
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11
provided, however, that the Applicant may construct a
connection to Falabella prior to such direction as an emergency
access to the Property, according to plans approved by the
Director of Public Works the purpose of which shall be to
make vehicular access possible for emergency purposes and to
impede all other access.
14.3.4. Warrior Drive shall be constructed as an urban section pursuant
to applicable VDOT standards therefor with an ultimate right -
of -way 100' in width. Parkins Mill Road shall be constructed
as a rural section pursuant to applicable VDOT standards
therefor with an ultimate right -of -way 80' in width.
14.3.5. Upon initiation of said construction, the Applicant may further
undertake grading, infrastructure construction, roads, and
similar pre - construction activities and preparatory work
necessary for building commercial or residential structures,
upon issuance of permits therefor.
14.4 Prior to the issuance of the 326th residential building permit, the
Applicant shall further construct Warrior Drive as a full four lane
section roadway, from Points B to D as depicted on the MDP.
14.5 The Applicant may construct a model home or sales center on the
Property concurrently with the construction of the bridge connection to
Wakeland Manor, and consistently with applicable County ordinances
and regulations. The Applicant shall be permitted to obtain an
occupancy permit therefor once the bridge is open to the public,
bonded for final completion, but not yet accepted into the State System
of Secondary Roads.
14.6 In addition to the foregoing, the Applicant shall design and bond for
completion the following improvements to Warrior Drive:
14.6.1. if the location of the connection of Warrior Drive into
Crosspointe has been identified the Applicant shall complete
the remainder of Warrior Drive from Point D to Point E as a
full section of a four lane divided roadway to that point, by the
issuance of the 601st residential building permit.
14.6.2. If the location of Warrior Drive into Crosspointe has not been
adequately identified prior to the issuance of the 501"
residential building permit, the Applicant shall design and
provide performance guarantees pursuant to applicable
Virginia law regarding the posting of such guarantees for the
construction of Warrior Drive from Point D to Point E as a full
four -lane divided roadway to a location that is approved by the
IP004785 MOC / 1 Proffers (BOS Revisions) 000419 000004)
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County, so as to assure the availability of funds sufficient to
complete Warrior to a connection with Crosspointe.
14.7 Road phasing if construction of Warrior Drive is initiated from
Crosspointe:
14.7.1. In the event that others have constructed Warrior Drive from
Crosspointe Center to the Property boundary prior to the
initiation of development of the Property and Warrior is to be
constructed from that boundary to the south, then prior to the
issuance of the first residential building permit for the project,
the Applicant shall bond and construct Warrior Drive as a full
four -lane divided roadway from Point E to Point B and Parkins
Mill Extended as a two -lane section from Point B to B1 as
depicted on the MDP, to connect to the school site.
14.7.2. Prior to the issuance of the 326`h residential building pen-nit,
the Applicant shall bond and construct Warrior Drive from
Point B to Point A as a full four -lane divided roadway (and
make its connection to Warrior Drive in Wakeland Manor as
provided for if Warrior is commenced from the south),
whereupon the Applicant will be permitted to build out the
remainder of the residential units and commercial square
footage.
14.7.3. The Applicant shall block all vehicular access from Parkins
Mill Extended to Falabella Drive in Canter Estates Section V
until the County directs that such connection be made;
provided, however, that the Applicant may construct a
connection to Falabella prior to such direction as an emergency
access to the Property, according to plans approved by the
Director of Public Works the purpose of which shall be to
make vehicular access possible for emergency purposes and to
impede all other access.
14.8 All left and right turn residential and commercial entrances to Warrior
Drive and Parkins Mill Road shall be limited to those locations as
generally depicted on the MDP.
14.9 Warrior Drive shall be constructed with a trail section throughout the
Property, and such trail shall be extended to the property boundaries of
Crosspointe and into Wakeland Manor with the extension of Warrior
thereto to connect with Warrior as constructed by others.
14.10 The Applicant shall extend Parkins Mill Road Extended to Falabella
Drive in Canter Estates, including a pedestrian trail on the south side
Parkins Mill Extended, excluding the site to be dedicated to school
1P004785].DOC / 1 Proffers (BOS Revisions) 000419 000004}
13
purposes, when Parkins Mill Extended is constructed as otherwise
provided in these proffers.
14.11 The Applicant shall design and shall construct its internal road
network as public or private roads substantially as they are depicted on
the MDP. In the event that the Virginia Department of Transportation
declines to accept neo- traditional road designs for any such internal
streets, the Applicant may construct such streets as private roads.
14.12 All public right -of -ways shall be dedicated to Frederick County as part
of the subdivision approval process, consistently with applicable
Virginia law.
14.13 All public streets and roads shall be designed and constructed in
accordance with the Virginia Department of Transportation
specifications, and subject to review and approval by the Frederick
County and VDOT.
14.14 All private streets and roads shall be designed and constructed in
accordance with the Virginia Department of Transportation standards
therefor as set out on Sheet 3 of the MDP, and as modified thereby,
and shall be owned and maintained by the HOA as defined herein that
is served by such streets or roads.
14.15 No construction traffic shall be permitted through Lot 121 in the
adjacent Lakewood subdivision, or through Canter Estates, Section V.
In no event shall a permanent interparcel connection be made through
Lot 121. Emergency access may be provided through such lot if
approved by the Director of Planning.
14.16 The County shall not object to the grant of permission to the Applicant
to construct a 2 -lane gravel access road as identified on Sheet 3 of the
MDP, across the adjacent property owned by the Frederick County
Sanitation Authority, for construction access to the Villages at Artrip,
including construction of roads, bridges, utilities, and stormwater
management facilities. The County will use its best good faith efforts
to assure permission to construct such access road, if such efforts are
required. After completion of construction, the Applicant may employ
such access road as an emergency access to the Property.
14.17 For purposes of these proffers, a road shall be deemed constructed or
completed when it has been constructed to a point at which the road is
open to the public, remains bonded for final completion, but has not
yet been accepted into the State System of Secondary Roads.
15. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION
IP0047851.DOC / 1 Proffers (BOS Revisions) 000419 000004}
14
15.1 The Applicant shall preserve the Artrip Family Cemetery. The
Applicant shall further create a 0.5 acre preservation park surrounding
the Cemetery, as generally depicted on the MDP.
16. ESCALATOR CLAUSE
16.1 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 are paid, they shall be adjusted by the
percentage change in the CPI -U from that date 30 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 5% per year, non -
compounded.
SIGNATURES APPEAR ON THE FOLLOWING PAGE
1P004785I.DOC /I Proffers (BOS Revisions) 000419 0000041
15
WINCHESTER A RTRIP, Limited Liaj �lity Company
Title:
STATE OF MARYLAND;
COUNTY OF MONTGOMERY: to -wit
The foregoing instrument was acknowledged before me this,_Z5`7'�'-day of
2006, by
GINA L. BECKMANN � Notary Public
NOTARY PUBLIC STATE OF MARYLAND
My Commission e.MMmmission Expires October 16, 2007
(P0047851. DOC/ 1 Proffers (BOS Revisions) 0004190000041
16
APPENDIX A
The following development standards shall apply to development within each
Landbay for the following Housing Types listed below:
SINGLE FAMILY DETACHED CLUSTER
FRONT LOAD
1) IN A PROPOSED CLUSTER DEVELOPMENT, THERE SHALL BE A
MINIMUM TOTAL AREA PER DWELLING UNIT OF 10,000 SF, NOT
INCLUDING LAND IN REQUIRED COMMON OPEN SPACE AND ROAD
ROW, NO INDIVIDUAL LOT SHALL BE SMALLER THEN 8,000 SF. FOR
EACH LOT THAT IS LESS THAN 10,000 SF BY A GIVEN SQUARE
FOOTAGE, AN EQUIVALENT SQUARE FOOTAGE OF LAND SHALL BE
ADDED TO THE REQUIRED COMMON OPEN SPACE
EXISTING PROPOSED
2) MIN. TOTAL LOT AREA PER DWELLING 10,000 SF 10,000 SF
3) MIN. LOT AREA 8,000 SF 8,000 SF
4) MIN. YARDS:
SINGLE FAMILY DETACHED CLUSTER
REAR LOAD
1) IN A PROPOSED CLUSTER DEVELOPMENT, THERE SHALL BE A
MINIMUM TOTAL AREA PER DWELLING UNIT OF 10,000 SF, NOT
INCLUDING LAND IN REQUIRED COMMON OPEN SPACE AND ROAD
ROW. NO INDIVIDUAL LOT SHALL BE SMALLER THEN 8,000 SF. FOR
EACH LOT THAT IS LESS THAN 10,000 SF BY A GIVEN SQUARE
FOOTAGE, AN EQUIVALENT SQUARE FOOTAGE OF LAND SHALL BE
ADDED TO THE REQUIRED COMMON OPEN SPACE
2) MIN. TOTAL LOT AREA PER DWELLING
3) MIN. LOT AREA
{P0047851.DOC /I Proffers (BOS Revisions) 000419 000004)
1 7
EXISTING PROPOSED
10,000 SF 10,000 SF
8,000 SF 8,000 SF
- SETBACK FROM ROAD ROW
35'
20'
- SIDE YARDS
10'
5'
- REAR YARD
25'
25'
5)MFN.
LOT WIDTH AT SETBACK
60'
60'
6)MIN.
LOT WIDTH AT ROAD ROW
30'.
30'
7)MIN.
OFF STREET PARKING
2/ UNIT
2/ UNIT
SINGLE FAMILY DETACHED CLUSTER
REAR LOAD
1) IN A PROPOSED CLUSTER DEVELOPMENT, THERE SHALL BE A
MINIMUM TOTAL AREA PER DWELLING UNIT OF 10,000 SF, NOT
INCLUDING LAND IN REQUIRED COMMON OPEN SPACE AND ROAD
ROW. NO INDIVIDUAL LOT SHALL BE SMALLER THEN 8,000 SF. FOR
EACH LOT THAT IS LESS THAN 10,000 SF BY A GIVEN SQUARE
FOOTAGE, AN EQUIVALENT SQUARE FOOTAGE OF LAND SHALL BE
ADDED TO THE REQUIRED COMMON OPEN SPACE
2) MIN. TOTAL LOT AREA PER DWELLING
3) MIN. LOT AREA
{P0047851.DOC /I Proffers (BOS Revisions) 000419 000004)
1 7
EXISTING PROPOSED
10,000 SF 10,000 SF
8,000 SF 8,000 SF
4) MIN.
YARDS:
- SETBACK FROM ROAD ROW
35'
15'
- SIDE YARDS
10'
5'
- REAR YARD
25'
20'
5)MIN.
LOT WIDTH AT SETBACK
60'
60'
6)MIN.
LOT WIDTH AT ROAD ROW
30'
30'
WIN.
OFF STREET PARKING
2/ UNIT
2/ UNIT
SINGLE FAMILY SMALL LOT
REAR LOAD
1) MIN. LOT SIZE
2) OFF STREET PARKING SPACES
3) SETBACK FROM STATE ROAD
4) SETBACK FROM PRIVATE ROAD
5) REAR YARD
6) SIDE YARD
EXISTING PROPOSED
3,750 SF 3,750 SF
2 2
25' 25'
20' 15'
15' 15'
5' 5'
SINGLE FAMILY DETACHED CLUSTER
REAR LOAD W /DETACHED GARAGE
1) IN A PROPOSED CLUSTER DEVELOPMENT, THERE SHALL BE A
MINIMUM TOTAL AREA PER DWELLING UNIT OF 10,000 SF, NOT
INCLUDING LAND IN REQUIRED COMMON OPEN SPACE AND ROAD
ROW. NO INDIVIDUAL LOT SHALL BE SMALLER THEN 8,000 SF. FOR
EACH LOT THAT IS LESS THAN 10,000 SF BY A GIVEN SQUARE
FOOTAGE, AN EQUIVALENT SQUARE FOOTAGE OF LAND SHALL BE
ADDED TO THE REQUIRED COMMON OPEN SPACE
2) MIN. TOTAL LOT AREA PER DWELLING
3) MIN. LOT AREA
4) MIN. YARDS:
{P0047851.DOC / I Proffers (BOS Revisions) 000419 000004)
is
EXISTING PROPOSED
10,000 SF
8,000 SF
10,000 SF
8,000 SF
- SETBACK FROM ROAD ROW
- SIDE YARDS
- REAR YARD
5)MIN. LOT WIDTH AT SETBACK
6)MIN. LOT WIDTH AT ROAD ROW
7)MIN. OFF STREET PARKING
MULTIPLEX
STACKED FLATS
35'
15'
10'
5'
25'
15'
60' 60'
30' 30'
2/ UNIT 2/ UNIT
EXISTING PROPOSED
1) SETBACK FROM ROAD ROW N/A 35'
2) SETBACK FROM PARKING OR DRIVEWAY N/A 25'
3) SIDE YARD FROM PERIMETER BOUNDARIES N/A 15'
4) REAR YARD FROM PERIMETER BOUNDARIES N/A 25'
5) MIN. BUILDING SPACING N/A 30'
MULTIPLEX
BACK TO BACK UNITS
EXISTING PROPOSED
1) SETBACK FROM ROAD ROW N/A 35'
2) SETBACK FROM PARKING OR DRIVEWAY N/A 25'
3) SIDE YARD FROM PERIMETER BOUNDARIES N/A 15'
4) REAR YARD FROM PERIMETER BOUNDARIES N/A 25'
5) MIN. BUILDING SPACING N/A 30'
APARTMENTS /CONDOS
APARTMENTS /CONDOS
EXISTING PROPOSED
1) FRONT SETBACKS
- FROM ROAD ROW 35' 35'
- FROM PARKING OR DRIVEWAY 20' 10'
2) SIDE YARD FROM PERIMETER
{P0047851. DOC / 1 Proffers (BOS Revisions) 000419 0000041
19
BOUNDARIES 50' 50'
3) REAR YARD FROM PERIMETER
BOUNDARIES 50' 50'
4) MIN. BUILDING SPACING 50' 50'
5) SETBACKS FOR OTHER USES NOT OTHERWISE
SPECIFIED
- FRONT 35' 35'
- SIDE 15' 15'
- REAR 50' 50'
{P0047851.DOC /I Proffers (BOS Revisions) 000419 0000041
20
' ' ►1D7i:�.?
Comprehensive Sign Plan
{P0047851.DOC / 1 Proffers (BOS Revisions) 000419 000004)
21
2t,4rtap
Comprehensive Sign Concept Plan
Prepared b
Winchester Artrip LLC
November 5,
Major Entry
Materials: possibly brick, wood, precast concrete, stone, or metal. Text
shown on this sign is for illustrative purposes only.
Location: At Major entrances.
Purpose: To provide a community identification.
September 10, 2004
Sign Concept Plan
Page 2
Major Directional
Materials: Possibly brick, wood, precast concrete, wood, stone, or metal. Text shown on tins sign
is for illustrative purposes only.
Location: On major arterial, and collector roadways. Near community facilities..
Purpose: To provide pedestrian and vehicular direction.
41 -0n
MAX.
Option A
Option B
September 10, 2004
Sign Concept Plan Page 3
Neighborhood Identification
Materials: possibly brick, wood, precast concrete, stone, or metal. Text shown on this sign is
for illustrative purposes only.
Location: At intersections of major arterial roads and neighborhood entrances.
Size /Area: Not exceeding (50) square feet in area, and (6) feetin height
Purpose: To provide neighborhood identification.
Option B
Sign Concept Plan
September 10, 2004
Page 4
Materials: Possibly brick, wood, precast concrete, stone, or metal. Text shown on this sign is
for illustrative purposes only.
Location: Close proximity to park entrance and parking facilities.
Size /Area: See illustrative drawings below,
Purpose: To provide identification
JCvlC111UCI N, LV04
Sign Concept Plan Page 5
Directional
To provide clear direction to various facilities throughout the park. Text shown on this sign is for illustrative
purposes only.
3' -fin
Side View Front View
To provide educational information for pedestrians about environmental interests with in the park or
wetland area.
September 10. 2004
Sign Concept Plan Page 6
Community Center/Facility
Materials: Possibly wood, metal, precast concrete, stone, or wood. Text shown on this sign is
for illustrative purposes only.
Location: Visible location for pedestrians and vehicles. Near or adjacent to front entrance of
building.
Purpose: To provide community center identification throughout the community.
Text shown on this sign is for illustrative purposes only.
Sign Concept Plan
September 10, 2004
Page 7
Multifamily Community
Materials: brick precast concrete, pin- mounted letters
Text shown on this sign is for illustrative purposes only.
Location: At intersections of major arterial roads and
neighborhood entrances.
Size /Area: Not exceeding (5) feet in heieht
Purpose: To provide neighborhood identification throughout the community. Text shown
on this sign is for illustrative purposes only.
VARIES. PER SITE CONDITION
September 10, 2004
Page 6
Sign Concept Plan
Directional -
Materials: Possibly brick, metal, precast concrete, stone, or wood. Design Character to be
compatible with village center architecture.
Location: Close proximity to parking areas, at circulation crossroads
Purpose: To provide an information for visitors and community residents.
vv�e=
Q Retail
A
A Retail
B
M
Sign Concept Plan
September 10, 2004
Page 9
Identification
Materials: Possibly brick, precast concrete, stone, wood, or metal. Text shown on this sign is for
illustrative purposes only.
Location: At major entrances off of arterial roads.
Purpose: Identification and orientation within the community.
V0-4�w
it
Recreational Center
September 10, 2004
Sign Concept Plan
Page 10
Tenant Identification signs.
Color: Tenant will be permitted to display their logo and color.
Material: Possibly precast concrete, stone, brick, wood, or metal. Text shown on this sign is
for illustrative purposes only.
September 10, 004
Sign Concept Plan
Page 11
Directional
Materials: Precast concrete, black metal pin- mounted letters. Text
shown on this sign is for illustrative purposes only.
Purpose To provide direction to office campus amenities.
Location: Proximate to tenant identification sign. Along pedestrian an
routes.
Sign Concept Plan
September 10, 2004
Page 12
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