76A48A_TaskerWoodsAMENDMENT
Action:
PLANNING COMMISSION: September 6, 2006 - Recommended Approval
BOARD OF SUPERVISORS: September 27, 2006 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #09 -06 OF TASKER WOODS
WHEREAS, Rezoning 09 -06 of Tasker Woods, submitted by Patton Harris Rust & Associates, to
rezone 60.281 acres from RA (Rural Areas) District to RP (Residential Performance) District and 18.897
acres from RA District to B2 (General Business) District, totaling 79.178 acres, with proffers for up to 319
residential units and for commercial use, was considered. The properties are located north of Tasker Road
(Route 642), east and south of Macedonia Church Road (Route 756) and west of Front Royal Pike (Route
522), in the Shawnee Magisterial District, and are identified by Property Identification Numbers (PINS) 76-
A-48A and 76 -A -49.
WHEREAS, the Planning Commission held a public hearing on this rezoning on September 6,2006;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 27, 2006;
and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
change 60.281 acres from RA (Rural Areas) District to RP (Residential Performance) District and
18.897 acres from RA District to B2 (General Business) District. Totaling 79.178 acres, with proffers
for up to 319 residential units and for commercial use, as described by the application and plat
submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the
property owner.
PDRes. 430 -06
This ordinance shall be in effect on the date of adoption.
Passed this 27th day of September, 2006 by the following recorded vote:
Richard C. Shickle, Chairman
Aye
Barbara E. Van Osten
Nay
Ga ry Dove
Aye
Bill M. Ewing
Aye
Gene E. Fisher
Aye
Charles S. DeHaven, Jr.
Aye
Philip A. Lemieux
PDRes. 430 -06
Aye
A COPY ATTEST
)ow c T �
John iR Igy, Jr
Frederick County Administrator
Jay E. Tibbs (For John R. Riley, Jr.)
Deputy County Administrator
Tasker Woods Proffer Statement
20Q6
PROPOSED PROFFER STATEMENT
REZONING: RZ. # •ab : RA (Rural Areas) to
RP (Residential Performance) 60.281 acres +/- and
B2 (General Business) 18.897 acres +/-
PROPERTY: 79.178 Acres + / -;
Tax Map Parcels 76- A -48A, 76 -A -49 (the "Property ")
RECORD OWNER: Allden, LLC
APPLICANT: Allden, LLC
PROJECT NAME: Tasker Woods
ORIGINAL DATE
OF PROFFERS: March 15, 2006
REVISION DATE(S): June 12, 2006 July 5, 2006 July 21, 2006 August 11, 2006
August 16, 2006 August 18, 2006 September 13,2006
September 19, 2006
The undersigned hereby proffers that the use and development of the subject
property ( "Property"), as described above, shall be in strict conformance with the following
conditions, which shall supersede all other proffers that may have been made prior hereto.
In the event that the above referenced RP /B2 conditional rezoning is not granted as applied
for by the applicant (`Applicant "), these proffers shall be deemed withdrawn and shall be
null and void. Further, these proffers are contingent upon final rezoning of the Property
with "final rezoning" defined as that rezoning which is in effect on the day following the last
day upon which the Frederick County Board of County Supervisors (the "Board ") decision
granting the rezoning may be contested in the appropriate court. If the Board's decision is
contested, and the Applicant elects not to submit development plans until such contest is
resolved, the term rezoning shall include the day following entry of a final court order
affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of
any provision of the proffers. The improvements proffered herein shall be provided at the
time of development of that portion of the Property adjacent to or including the
improvement or other proffered requirement, unless otherwise specified herein. The term
"Applicant" as referenced herein shall include within its meaning all future owners and
successors in interest. When used in these proffers, the "Generalized Development Plan,"
shall refer to the plan entitled "Generalized Development Plan, Tasker Woods" dated
January 15, 2006 revised August 16, 2006 (the "GDP "), and shall include the following:
Page I of 8
Talker Woods Proer Statement
1. LAND USE:
1.1 Residential development on the Property shall not exceed 319 units. The
mixture of single family detached and attached units shall be designated at
the time of Master Development Plan and shall not generate more than 2,931
average daily trips (ADT).
1.2 The project shall be developed pursuant to an annualized phasing plan.
Building permits for no more than 90 dwelling units shall be issued within
any calendar year.
1.3 Commercial development on the B2 zoned portion of the Property shall not
exceed 179,000 square feet.
2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN
APPROVALS:
2.1 The Property shall be developed as one single and unified development in
accordance with applicable ordinances, regulations, and design standards, this
Tasker Woods Proffer Statement, and in substantial conformity with the
GDP as approved by the Board.
3. FIRE & RESCUE:
3.1 The Applicant shall contribute to the Board the sum of $720.00 per single
family, detached dwelling unit for fire and rescue purposes, payable upon the
issuance of a building permit for each detached unit.
3.2 The Applicant shall contribute to the Board the sum of $528.00 per single
family, attached dwelling unit for fire and rescue purposes, payable upon the
issuance of a building permit for each attached unit.
4. SCHOOLS:
4.1 The Applicant shall contribute to the Board the sum of $19,189.00 per single
family, detached dwelling unit for school purposes, payable upon the
issuance of a building permit for each detached unit.
4.2 The Applicant shall contribute to the Board the sum of $14,618.00 per single
family, attached dwelling unit for school purposes, payable upon the issuance
of a building permit for each attached unit.
5. PARKS & OPEN SPACE:
5.1 The Applicant shall contribute to the Board the sum of $2,136.00 per single
family, detached dwelling unit for recreational purposes, payable upon the
issuance of a building permit for each detached unit.
Page 2 of 8
Tacker Woods Proffer Statement
5.2 The Applicant shall contribute to the Board the sum of $1,634.00 per single
family, attached dwelling unit for recreational purposes, payable upon the
issuance of a building permit for each attached unit.
5.3 Prior to issuance of the 100 building permit the Applicant shall construct a
community center, including a 2,400 square foot pool and full basketball
court, in the location depicted on the GDP. Other recreational
improvements shall include a minimum of two tot lots and a picnic shelter in
the locations depicted on the GDP. Said improvements shall count towards
the recreational unit requirement for the proposed development.
5.4 The Applicant shall construct a ten foot asphalt public hiker -biker trail in the
locations depicted on the GDP. Along the Property frontage on Tasker
Road and the portion of Macedonia Church Road identified as a major
collector said trail shall be constructed in lieu of the adjacent sidewalk. Said
improvements shall count towards the recreational unit requirement for the
proposed development.
6. LIBRARIES:
6.1 The Applicant shall contribute to the Board the sum of $267.00 per single
family, detached dwelling unit for library purposes, payable upon the issuance
of a building permit for each detached unit.
6.2 The Applicant shall contribute to the Board the sum of $204.00 per single
family, attached dwelling unit for library purposes, payable upon the issuance
of a building permit for each attached unit.
7. PUBLIC SAFETY:
7.1 The Applicant shall contribute to the Board the sum of $658.00 per single
family, detached dwelling unit for public safety purposes upon issuance of a
building permit for each detached unit.
7.2 The Applicant shall contribute to the Board the sum of $503.00 per single
family, attached dwelling unit for public safety purposes upon issuance of a
building permit for each attached unit.
8. GENERAL GOVERNMENT:
8.1 The Applicant shall contribute to the Board the sum of $320.00 per single
family, detached dwelling unit for general governmental purposes upon
issuance of a building permit for each detached unit.
82 The Applicant shall contribute to the Board the sum of $245.00 per single
family, attached dwelling unit for general governmental purposes upon
issuance of a building permit for each attached unit.
Page 3 of 8
Tasker Woody Pmj%r Statement
9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS'
ASSOCIATION:
9.1 The residential development shall be made subject to a homeowners'
association (hereinafter "HOA ") that shall be responsible for the ownership,
maintenance and repair of all common areas, including any conservation
areas that may be established in accordance herewith not dedicated to the
County or others, for each area subject to their jurisdiction, and shall be
provided such other responsibilities, duties, and powers as are customary for
such associations or as may be required for such HOA herein.
9.2 In addition to such other duties and responsibilities as may be assigned, an
HOA shall have title to and responsibility for (i) all common open space
areas not otherwise dedicated to public use, (ii) common buffer areas located
outside of residential lots; (iii) common solid waste disposal programs by a
commercial collection company, (iv) responsibility for the perpetual
maintenance of any street, perimeter, or road buffer areas, all of which buffer
areas shall be located within easements to be granted to the HOA if platted
within residential or other lots, or otherwise granted to the HOA by
appropriate instrument, (v) responsibility for payment for maintenance of
streetlights and (vi) maintenance of BMP's and stormwater conveyance
channels.
9.2 The Applicant shall establish a start-up fund for the Tasker Woods HOA
that will include an initial lump sum payment of $2,500.00 by the Applicant
and an additional payment of $100.00 for each platted lot within the Tasker
Woods community of which the assessment for each platted lot is to be
collected at the time of initial transfer of title and to be directed to the Tasker
Woods HOA fund. Language will be incorporated into the Tasker Woods
HOA Declaration of Restrictive Covenant Document and Deed of
Dedication that ensures the availability of these funds prior to the transfer of
ownership and maintenance responsibility from the Applicant to the Tasker
Woods HOA. The start up funds for the Tasker Woods HOA shall be made
available for the purpose of maintenance of all improvements within the
common open space areas, liability insurance, street light assessments, and
property management and /or legal fees.
10. WATER & SEWER:
10.1 The Applicant shall be responsible for connecting the Property to public
water and sewer, and for constructing all facilities required for such
connection. All water and sewer infrastructure shall be constructed in
accordance with the requirements of the Frederick County Sanitation
Authority and the Frederick - Winchester Service Authority.
Page 4 of 8
Tanker Voodr Proffer Statement
11. ENVIRONMENT:
11.1 Stormwater management and Best Management Practices (BMP) for the
Property shall be provided in accordance with the Virginia Stormwater
Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results
in the highest order of stormwater control in existing Virginia law at the time
of construction of any such facility.
12. TRANSPORTATION:
12.1 Transportation improvements shall be designed and constructed consistent
with the study entitled "A Traffic Impact Analysis of the Tasker Woods,"
prepared by Patton Harris Rust & Associated, dated Februray 2, 2006 with
addendum dated July 11, 2006 (the "TIA "). The Applicant shall privately
fund all transportation improvements required of this project.
12.2 The Applicant shall install or bond a traffic signal at the intersection of Route
522 and Macedonia Church Road prior to issuance of the 50" building
permit unless otherwise directed by Frederick County and /or VDOT.
12.3 The Applicant shall contribute to the Board the sum of $1000 per single
family, detached dwelling and $500 per single family, attached dwelling for
transportation improvements to the Tasker Road corridor upon the issuance
of a building permit for each unit.
12.4 The Applicant shall design Macedonia Church Road as a four lane roadway
with landscaped median from the road's intersection with White Oak Road
to the intersection with Front Royal Pike. The Applicant shall construct
Macedonia Church Road from its intersection with Front Royal Pike as a
four lane roadway with a landscaped median for a minimum distance of 200
feet prior to transitioning to a three lane section that then transitions into a
two lane section that aligns with the existing two lane section of improved
White Oak Road at Canter Estates. Said roadway shall also include
turn lanes as directed by VDOT. Said improvement shall be completed prior
to issuance of the 50th building permit. Improvements to Macedonia
Church Road shall also include the construction of an iron fence along a
portion of the frontage of the Macedonia Church property and
consolidation of the current church entrances into a single access point as
depicted on the GDP. The Applicant shall dedicate right of way necessary to
achieve an 80 foot right of way to allow full implementation of a major
collector roadway between existing White Oak Road and Front Royal Pike
that will not negatively impact the existing graveyard at Macedonia
Church. (See 1 on GDP)
12.5 Direct access to individual lots from the portion of Macedonia Church Road
designated as a major collector shall be prohibited.
Page 5 of 8
Tasker Woods Pmf er Statement
12.6 Access to commercial portions of the Property shall be provided via the
future roadway connecting the commercial and residential portions of the
property as indicated on the GDP. Said connection between residential and
commercial portions of the Property shall be made prior to occupancy of any
building constructed on the portion of the Property zoned B2. Commercial
entrances on Tasker Road shall be prohibited.
12.7 The Applicant shall enter into a signalization agreement with the Virginia
Department of Transportation that is binding for a period of five years from
the date of final rezoning approval with an option for an additional five years
for the installation of a traffic signal at the intersection of Marcel Drive and
the proposed entrance on Tasker Road. In addition, the Applicant shall be
responsible through said agreement, for the installation of a Southbound left
turn lane on the proposed internal collector road as well as a westbound right
turn lane on Tasker Road at the subject intersection. If or when, in the
opinion of VDOT, a traffic signal and /or the turn lanes are required, the
Applicant shall provide funds including any necessary bond to construct
improvements at said intersection.
12.8 The Applicant shall dedicate 27 feet of right of way from the center line of
the portion of Macedonia Church Road not identified as a major collector
prior to issuance of the 501h building permit.
13. HISTORIC MARKER
13.1 The Applicant shall install a historic marker in collaboration with Macedonia
Church that notes the historical significance of Macedonia Church.
14. COMMERCIAL DESIGN STANDARDS
14.1 All buildings within the commercial area of the Property shall be constructed
using compatible architectural style and materials. The principal facade in
addition to any facade fronting Tasker Road of all commercial buildings shall
be limited to one or a combination of the following materials: cast stone,
stone, brick, glass, wood, stucco or other high quality, long lasting masonry
materials.
15. COMMERCIAL SIGNAGE
15.1 Freestanding commercial signage along Tasker Road shall be limited to a
single monument style sign at the proposed internal collector road
entrance at Tasker Road. Maximum height for all signs located on the
Property shall be 20 feet.
15.2 Pylon style signs shall be prohibited on the Property.
Page 6 of 8
Tacker Woods Proffer Statement
16. STREET TREES
16.1 The Applicant shall locate street trees along the road frontage of both Tasker
Road and the proposed internal minor collector road within the commercial
land bay of the Property to enhance the visual characteristics of both
corridors. Said street trees shall be planted a maximum of 40' apart and shall
be planted prior to occupancy of any building constructed on the portion of
the Property zoned B2.
SIGNATiJRES APPEAR ON THE FOLLOWING PAGES
Page 7 of 8
Tacker Woods Proffer Statement
Respe,
By:
Tide:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit: �}
The foregoing instrument was acknowledged before me this day
of m �',2006,by r- Onv-er 6. Oatrn PI %q
My commission expires -30 - 06 TINq���'
e
Notary Public �`���e\S ON' �'
- of
GrRGIN�P. G
Page 8 of 8
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Patton, Harris, Rust &Associates, pc
o y GENERALIZED DEVELOPMENT PLAN 117 E Picadilly St. Winchester, Virginia 22601
O Q UMY, V/RC /N[A VOICE: (540) 667 -2139 FAX: (540) 665 -0493
FREDERICK CO