55A212_HaggertyPropertyAmendmentAMENDMENT
Action:
PLANNING COMMISSION: May 2, 2007 - Recommended Approval
BOARD OF SUPERVISORS: July 25, 2007 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 904 -07 PROFFER AMENDMENT OF HAGGERTY PROPERTY
(The Canyon, LC)
WHEREAS, Rezoning 904-07 Proffer Amendment of Haggerty Property, submitted by Patton Harris
Rust & Associates, to revise the proffers associated with Rezoning 914 -05, as they pertain to the
transportation improvements previously approved by Frederick County. The properties are located adjacent
and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 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. The
properties are situated in the Red Bud Magisterial District, and are identified by Property Identification
Numbers 55 -A -212 and 55- A -212A.
WHEREAS, the Planning Commission held a public hearing on this rezoning on May 2, 2007; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 25, 2007; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers concerning
Rezoning # 14 -05. The proffer revision addresses transportation improvements, as described by the
application and attached conditions voluntarily proffered in writing by the applicant and the property
owner.
PDRes. #32 -07
This ordinance shall be in effect on the date of adoption.
Passed this 25th day of July, 2007 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Nay
Gary Dove
Aye
Bill M. Ewing
Aye
Gene E. Fisher
Nay
Charles S. DeHaven, Jr.
Nay
Philip A. Lemieux
Aye
A COPY ATTEST
W-4 -
Jo . Riley, Jr.
Frederick County Administrator
PDRes. #32 -07
PROPOSED PROFFER STATEMENT
REZONING: RZ. #
Residential Performance (RP) 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; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07;
7/10/07;7/17/07
The undersigned hereby proffers that the use and development of the subject property
( "Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced RP conditional rezoning is not granted as applied for by the applicant ( "Applicant'), these
proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last day upon which the Frederick County Board of 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
affirri 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 revised July 2, 2007 (the "GDP "),
and shall include the following:
1. LAND USE:
1.1 Residential development on the Property shall not exceed a maximum of 300
dwelling units. Housing types shall be limited to single family detached and
single family attached units.
Proffer Statement Haggerty
1.2 Single family detached housing types shall comprise a minim of 60 units,
but shall not exceed a maximum 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 first 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 may be requested.
3. 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 wide, have an
asphalt surface and shall be located to enable connections with adjoining
developments.
4. FIRE & RESCUE:
4.1 The Applicant shall contribute to the Board the sum of $889.00 pet 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.
5. 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
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 sum 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 budding permit for each such
unit.
9. ADMINISTRATION BUILDING
9.1 The Applicant shall contribute to the Board the sum of $200.00 pet 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 "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.
10.2 In addition to such other duties and responsibilities as may be assigned, an
FICA 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
IF
Pr offer S tatemen t
Haggerty
outside of residential lots; (iii) common solid waste disposal programs, (iv)
responsibility for the perpetual maintenance of any perimeter or road buffer
areas, all of which buffer areas shall be located within casements to be
granted to the HOA if platted within residential or other lots, or otherwise
granted to the 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.
11. 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).
12. 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.
13. TRANSPORTATION:
13.1 Transportation improvements shall be initiated at the outset of the
development process unless otherwise specified below.
Page 4 of 8
Proffer Statement
Haggerty
13.2 The Applicant shall construct a North -South collector road as the "spine" of
the project's internal road network and to provide direct access from the
project to VA Route 7 as generally shown on the GDP as the section of
roadway between Point A and Point C. Said collector road shall be located
within both a 60 foot right of way and an 80 foot right of way as generally
shown between Point A and Point C on the GDP. The North -South
collector road shall generally run along the planned right of way for VA
Route 37, and partly within the planned right of way for VA Route 37, as
shown on the GDP. Said North -South collector road shall be constructed as
a rural undivided (R2) cross section with curb and gutter to be utilized in
some locations based upon final engineering. The collector road will
transition from an R2 cross section to the typical Route 37 cross section
upon entering the proposed Route 37 corridor from Point B to Point C as
shown on the GDP. The collector road shall be constructed from VA Route
7 to the project site prior to issuance of the first building permit for the
project, and shall be completed to the south Property boundary prior to
issuance of the 151" building permit. The Applicant reserves the right to
request for partial funding for collector road construction through revenue
sharing or other programs as may be available through VDOT and /or
Frederick County. (See generally Point A to Point C on the 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 turn lanes, pursuant to VDOT
specifications and approval. The Applicant shall further enter into a
signalization agreement with VDOT for said intersection. Said
improvements shall be completed prior to issuance of any building permits.
13.4 The Applicant shall provide a 90' reservation area in substantial conformance
with the locahion depicted on the GDP to (i) construct the southern two
lanes of an East -West collector road, planned to ultimately be an urban four
lane divided (fJ4D) cross section within an 80' right of way and (ii) provide a
landscaped buffer or road efficiency buffer as defined in the Frederick Couny
Zoning Ordinance. The East -West collector road shall be designed to
accommodate the future Route 37 fly -over bridges. (See 5 on GDP)
13.4.1 Within the 90' reservation area, provided that 40' of right of way is
dedicated on the adjoining property to the north prior to submission
of engineered plans for the East -West collector road to the County,
the Applicant shall dedicate 40' of right of way, as measured from the
Property boundary and construct the southern two lanes of a U4D
roadway from Point D to Point E as generally shown on the GDP.
Said roadway shall be constructed prior to issuance of the 225`
building permit. Additionally, the Applicant shall construct a 50'
reduced distance road efficiency buffer, as defined in the Frederick
County Zoning Ordinance, between any residential lots and said collector
road. Buffer plantings and /or screening shall not be required where
they are in conflict with required sight distances for roadways as
defined by VDOT.
Page 5 of 8
a
Proffer Statement Haggerty
13.4.2 In the event that 40' of right of way is not dedicated on the adjoining
property to the north prior to submission of engineered plans for the
East -West collector road to the County, the Applicant shall dedicate
80' of right of way, as measured from the Property boundary and
within the 90' reservation area, to construct the southern two lanes of
a U4D roadway from Point D to Point E as generally shown on the
GDP. Said roadway shall be constructed prior to issuance of the
225" building permit. Additionally, the Applicant shall also construct
a densely planted landscape screen within the remaining 10' of the 90'
reservation area. Said landscape screen shall be located between any
residential lots and said collector road and shall consist of a double
row of evergreen trees, minim four feet tall at time of planting,
spaced a maximum of eight feet apart. No additional screening or
buffer distance shall be required between the residential units and
said collector road. Buffer plantings and /or screening shall not be
required where they are in conflict with required sight distances for
roadways as defined by VDOT.
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. All plats depicting the VA Route 37 right
of way shall note that the roadway is limited access. (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 a portion of the proposed "spine" collector road
as depicted on the GDP. 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).
13.8 Direct lot access to the North -South collector road and East -West collector
road shall be prohibited.
13.9 Any portion of the "spine" collector road constructed in the Route 37
alignment shall be constructed in general conformance with the typical Route
37 cross section as well as the vertical and horizontal alignment identified by
the plan entitled "County of Frederick Route 37 Corridor Study, Functional
Design" dated October 1992 as prepared by Maguire Associates, Inc.
Page 6 of 8
Proffer Statement
14. ESCALATOR CLAUSE:
Haggerty
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
are paid, they shall be adjusted by the percentage change in the CPI -U from
that date 24 months after the approval of this rezoning to the most recently
available CPI -U to the date the contributions are paid, subject to a cap of 6%
per year, non - compounded.
15. INTER - PARCEL CONNECTION:
15.1 The Applicant shall construct an inter - parcel connector to provide access to
the adjoining properties to the south and east in the general location depicted
at Point 8 on the GDP; said inter- parcel connection shall be provided in
place of any previously planned inter - parcel connection located at the
southwestern area of the Property as previously depicted on the approved
Master Development Plan for the adjacent Twin Lakes development. The
newly proposed inter-parcel connection as shown at Point 8 on the GDP
shall also be depicted on the Master Development Plan to be submitted for
the Property, and shall be depicted on future subdivision design plans for the
adjacent Twin Lakes development.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 7 of 8
I
Proffer Statement
Haggerty
Respectfully submitted,
By:
Title:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
ih
The foregoing instrument as acknowledged befqTyne this / day
r� , 2007, by
of Wi>.i d2 / �tf.
My commissio 0 xpires / -
Notary Public
Page 8 of 8
• 5
Vq
11
M DENOTES GENBMZED OPEN SPACE
NO HAGGER7Y PROPERTY
Patton, Harris, Rust & Associates
p o GENERAL /ZED DEVELOPMENT PLAN 117 E. Picadilly St wnchester, Virginia 22601
O O V O FRmER /CK COUN7Y, NRC /NGi VOICE (540) 667 -2139 FAX: (540) 665 -0493