55A210_OpequonCrossingProfferRevisionAMENDMENT CD
Action:
PLANNING COMMISSION: November 4, 2015 - Recommended Approval
BOARD OF SUPERVISORS: December 9, 2015 ® APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #06-15 OPEQUON CROSSING — PROFFER AMENDMENT
WHEREAS, Rezoning #06-15, Of The Canyon, LC, submitted by Pennoni Associates, Inc., to modify
proffers on 177.71 acres consisting of two developments known as the Haggerty Rezoning and the
Opequon Crossing rezoning, now collectively known as Opequon Crossing. The proffer revision which
seeks to implement policy enabling credits for proffered transportation improvements with proffers dated
May 29, 2015, last revised on November 20, 2015 was considered. The properties are located south of the
existing terminus of Eddys Lane (Route 820) and South of Route 7 adjacent to Opequon Creek and the
Opequon Water Reclamation Facility. The properties are further identified by PINs 55-A-201,212 & 212A
in the Red Bud District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 4, 2015
and recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 9, 2015;
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 the
proffers are amended with the proffer statement dated November 20, 2015. The conditions voluntarily
proffered in writing by the Applicant and the Property Owner are attached.
PDRes #51-15
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This ordinance shall be in effect on the date of adoption.
Passed this 9th day of December, 2015 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Robert A. Hess Aye Robert W. Wells Abstained
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Blaine P. Dunn Aye
A COPY ATTEST
tiZ��jj�P-AXL
/Brenda G. Garton
Frederick County Administrator
'VIRGINIA: FkEDERICK COUNTY.SC t.
This instrument of writing was produced to me on
_ 1 a - l f�— t'5' at I ' ZQ 21
and with certiti<,a 4c' ' -!4Ac gc--nent thereto anncxecl
was u0ttl.ittei' C[7 ,.a;',__°s. t ;.,,=.t�scd b� Scc.51.9-ist)? of
--�-.—� have becn laid, i9' asscssahle
Clerk
PDRes 451-15
BOS Res. #045-15
�J�1tiJti
PROFFER STATEMENT
CD
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REZONING: RZ. #-
Residential Performance (RP) to Residential Performance (RP)
PROPERTY: 174.98+/ -
Tax Map Parcel 55-A-210, 212, & 212A (the "Property")
RECORD OWNER: The Canyon, LC
APPLICANT: The Canyon, LC
PROJECT NAME: Opequon Crossing
DISTRICT: Red Bud
ORIGINAL DATE
OF PROFFERS: May 29, 2015
REVISION DATE(S): September 2, 2015; October 20, 2015; November 20, 2015
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 or submitted, 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 the 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, Opequon Crossing" dated May 29, 2015 and revised August 19, 2015 (the
"GDP"), and shall include the following:
Page 1 of 8
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1. LAND USE 00
1.1 No more than 574 dwelling units shall be constructed on the property. A
minimum of 215 dwelling units constructed on the property shall be single
family detached dwellings. Multi -family dwelling units shall be prohibited.
1.2 The project shall be constructed in substantial conformance with the
Generalized Development Plan provided that minor modifications are
permitted during the Master Development Plan and final engineering
process.
2. PARKS AND RECREATION:
2.1 The Applicant shall design and build a recreation building in the area
designated on the GDP. Said recreation building shall be constructed prior
to issuance of the 250`h building permit and shall count towards and comply
with the recreation unit requirement for the Property as specified by Section
165-402.08 of the Frederick County Code. The recreation building shall be
an enclosed clubhouse with a minimum finished floor area of 3,000 square
feet. Additionally, the Applicant shall construct a neighborhood swimming
pool or pools with a minimum water surface area of 3,500 square feet. The
swimming pool(s) shall be constructed concurrent with construction of the
recreation building and shall be permitted to count towards the recreation
requirements for the Property as required by the Frederick County Zoning
Ordinance. Other recreation amenities shall be further defined at time of
Master Development Plan.
2.2 The Applicant shall contribute to the County the sum of $1,482 per single-
family detached unit for parks and recreation purposes, payable upon the
issuance of a certificate of occupancy for each single family detached unit.
2.3 The Applicant shall contribute to the County the sum of $1,020 per single
family attached unit for parks and recreation purposes, payable upon the
issuance of a certificate of occupancy for each single family attached unit.
2.4 The recreation building and swimming pool(s) provided for by Proffer 2.1
shall be owned and maintained by the homeowners association ("HOA") for
the Property.
2.5 A trail system utilizing a 10' wide asphalt surface shall be incorporated into
the design of the Property and shall be depicted on the Master Development
Plan. Said trail system shall be provided, at minimum, in the areas depicted
on the GDP. The HOA shall be responsible for the ownership and
maintenance of the trail system. Public access easements shall be provided
for the trail system to allow use of the trail system to the general public.
Page 2 of 8
3. FIRE & RESCUE:
3.1 The Applicant shall contribute to the County the sum of $446 per single
, �ily detached dwelling unit for ire and rescue purposes, payable upon the
issuance of a certificate of occupancy for each single family detached unit. CD
C;:
3.2 The Applicant shall contribute to the County the sum of $298 per single
family attached dwelling unit for fire and rescue purposes, payable upon the
issuance of a certificate of occupancy for each single family attached unit.
4. SCHOOL CONSTRUCTION:
4.1 The Applicant shall contribute to the County the sum of $12,626 per single
family detached dwelling unit for school purposes, payable upon the
issuance of a certificate of occupancy for each single family detached unit.
4.2 The Applicant shall contribute to the County the sum of $7,696 per single
family attached dwelling unit for school purposes, payable upon the
issuance of a certificate of occupancy for each single family attached unit.
5. LIBRARY:
5.1 The Applicant shall contribute to the County the sum of $360 per single
family detached dwelling unit for library purposes, payable upon the
issuance of a certificate of occupancy for each single family detached unit.
5.2 The Applicant shall contribute to the County the sum of $248 per single
family attached dwelling unit for library purposes, payable upon the
issuance of a certificate of occupancy for each single family attached unit.
6. GENERAL GOVERNMENT:
6.1 The Applicant shall contribute to the County the sum of $1,118 per single
family detached dwelling unit for general government purposes, payable
upon the issuance of a certificate of occupancy for each single family
detached unit.
6.2 The Applicant shall contribute to the County the sum of $770 per single
family attached dwelling unit for general government purposes, payable
upon the issuance of a certificate of occupancy for each single family
attached unit.
Page 3 of 8
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7. CREATION OF HOMEOWNERS' ASSOCIATION: CD
7.1 The residential development shall be made subject to an HOA that shall be
responsible for the ownership, maintenance and repair of all common areas,
including but not limited to the recreation building and associated
swimming pool(s), excluding any areas that may be dedicated to Frederick
County (the "County") or other public entities. For each area subject to
their jurisdiction, the HOA shall be granted such responsibilities, duties and
powers as are customary for such associations or as may be required for
such HOA herein.
7.2 In addition to such other duties and responsibilities as may be assigned, the
HOA shall have title to and responsibility for (i) all common open areas not
otherwise dedicated to public use including stormwater management
facilities, (ii) common buffer areas located outside of residential lots; (iii)
establishing and managing a common solid waste disposal program; (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.
7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon
Crossing Homeowner's Association (OCHOA) that will include an initial
lump sum payment of $2,500.00 by the Applicant prior to issuance of the
first certificate of occupancy for any dwelling constructed on the Property
and an additional payment of $100.00 by the homeowners at the initial
closing for each platted lot purchased within the Opequon Crossing
community. Language will be incorporated into the OCHOA Declaration of
Restrictive Covenant Document and Deed of Dedication that ensures the
availability of these funds to the OCHOA prior to the transfer of ownership
and maintenance responsibility from the applicants to the OCHOA. The
start-up funds for the OCHOA 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 other operating expenses and/or capital expenses of the OCHOA.
8. WATER & SEWER:
8.1 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").
Page 4 of 8
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8.2 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 101st building permit is issued. (See 1
on GDP)
8.3 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.
9. TRANSPORTATION:
9.1 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. 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 B on the GDP. The
North-South collector road shall generally run along 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 consistent with existing approved
plans for the North-South collector road. 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. The Applicant reserves the right to request
for partial funding for the construction of the collector road and VA Route 7
improvements through revenue sharing or other programs as may be
available through VDOT and/or Frederick County.
9.2 The Applicant shall install those improvements necessary to complete the
cross-over at the intersection of the "spine" collector road and VA Route 7.
No building permits shall be issued for any dwelling units located on the
Property until such time that the following improvements are constructed at
VA Route 7 and the "spine" collector road: signalization, Westbound lanes
(1 left, 2 thru), Eastbound lanes (1 right, 2 thru), Northbound lanes (1 left, 1
right).
9.3 The Applicant shall construct an entrance on 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. As part of these
improvements, the Applicant shall remove the existing Route 7 median
crossing and the existing Route 7 entrance to the Opequon Regional
Wastewater Facility.
Page 5 of 8
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9.4 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
shall dedicate the right of way, 250 feet in width, for VA Route 37 across
the Property, at no cost to the County, within 90 days of request by the
County.
9.5 The Applicant shall construct a single east -west road crossing of the right of
way for VA Route 37. Said road shall be designed to accommodate the
future Route 37 fly -over bridges.
9.6 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 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 discussions
with the Virginia Forestry service and VDOT and shall be shown on initial
construction plans.
9.7 Direct lot access to the "spine" collector road shall be prohibited.
9.8 The Applicant shall dedicate sufficient right of way and construct Eddys
Lane to VDOT requirements from the north Property boundary to the south
Property boundary as depicted on the GDP from Point C to Point D. Said
connection shall be made prior to issuance of the 350th building permit.
9.9 The Applicant shall provide a reserve area that is a maximum of 56 feet in
width for a potential future connection between the Property and the
adjacent Fieldstone Development to the West. It is expressly understood by
the Applicant that approved plans for the Fieldstone Development include
no provisions for an interparcel connector and use of the potential
interparcel connection area would be at the discretion of the owners of the
Fieldstone Development. Within 90 days of receiving written request from
Frederick County and VDOT, the Applicant shall dedicate said reservation
area in conformance with the location depicted on the GDP. (See 2 on
GDP)
10. HISTORIC RESOURCES:
10.1 The Applicant shall complete a survey documenting any historic structures
on the Property in general accordance with the guidelines established by the
Preliminary Information Form from the Department of Historic Resources.
Any documentation created as part of said survey shall be provided to
Frederick County Planning Staff and shall be completed prior to demolition
of any buildings located on the Property.
Page 6 of 8
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10.2 The Applicant shall provide a landscape screen along the Northern Pro"ty
boundary in the location identified as "Double Row of Evergreen Trees" on
the GDP. Said landscape screen shall consist of a landscape easement at
least 10 feet in width utilizing a double row of evergreen trees that are a
minimum 4 feet in height at time of planting with a minimum 3 trees
provided per 10 linear feet. Said improvements shall be bonded or installed
prior to issuance of a certificate of occupancy for any dwellings within the
vicinity of the proposed landscape screen. (See 3 on the GDP)
11. OPTION FOR USE OF TRANSFER OF DEVELOPMENT RIGHT ORDINANCE
11.1 In lieu of the per unit monetary contributions as provided above, the
Applicant may utilize the Frederick County Transfer of Development Rights
(TDR) program pursuant to Section 165-301 of the Frederick County
Zoning Ordinance (the "TDR Ordinance") to provide for development of
any/all of the proposed dwelling units for the subject Property. No
monetary proffer shall be required for any dwelling unit constructed
utilizing the TDR Ordinance, but all remaining proffered commitments,
shall remain applicable to such dwelling units.
12. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS:
12.1 Any portion of the Property may hereafter be dedicated for public purposes
(or otherwise conveyed to a public entity) and such portion so dedicated
shall, upon such dedication, be excluded from the terms and conditions of
these Proffers and the remainder of the Property shall continue to be subject
to the full force and effect of these proffers.
13 ESCALATOR FOR MONETARY PROFFERS:
13.1 In the event the monetary contributions set forth in the Proffer Statement are
paid to the Board within 30 months of the approval of this rezoning, 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 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.
SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S)
Page 7 of 8
Respectfully submitted,
By:
Title:
T he Canyon, LC
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
CD
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The foregoing instru ent was acknd e before me this &dayof / , 2015, by a4j 0,o eit'd, , Ploy,
/ v
My commission expires:
Notary Public aja"V'
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PENNONI ASSOCIATES INC. GENERALIZED DEVELOPMENT PLAN
117 E. Picadill St. Winchester, Virginia 22601 Q e U O n Crossing
VOICE: (540) 667-2139 FAX: (540) 665-0493 p q
DATE: 5/29/15 REV: 8/19/15 SCALE: 1" = 700'