75A89_CrosspointeCenterProfferRevision'U
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AMENDMENT `
Action:
PLANNING COMMISSION: January 6,2016 - Recommended Approval
BOARD OF SUPERVISORS: January 27, 2016 - R APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #12-15 CROS SPOINTE CENTER
WHEREAS, Rezoning #12-15, of Glaize Developments, Incorporated, submitted by Pennom
Associates to rezone 58.30+/- acres from RP (Residential Performance) District to B2 (General Business)
District and 72.47+/- acres from B2 (General Business) District to RP (Residential Performance) District
within the Crosspointe Center Development (Rezoning #13-03), and to amend the proffers associated with
Rezoning #13-03, final revision date January 27, 2016 was considered. The properties are located east and
adjacent to I-81 Exit 310 Interchange, and adjacent to Tasker Road and Hillandale Lane. The properties are
further identified with PIN(s) 75-A-89, 75 -A -89A, 75-A-91, 75-A-92, 75-A-95, 75-A-96 and a portion of
75-A-90 and 75-A-94 in the Shawnee Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 6, 2016 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 27, 2016;
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
rezone 58.30+/- acres from RP (Residential Performance) District to B2 (General Business) District
and 72.47+/- acres from B2 (General Business) District to RP (Residential Performance) District within
the Crosspointe Center Development (Rezoning #13-03), and to amend the proffers associated with
Rezoning #13-03, final revision date January 27, 2016. The conditions voluntarily proffered in writing
by the applicant and the property owner are attached.
PDRes #03-16
-2 -
This ordinance shall be in effect on the date of adoption.
Passed this 27th day of January, 2016 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye
Robert A. Hess Aye Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
ff4tv'-
43renda G. Garton
Frederick County Administrator
VIKUIIYI4_:1ft,.DERICK COUNTY.SC1.
This instrument of writing was produced to me on
atd '. �I d fm
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
$-4—, and 58.1-801 have been paid, if amessabk.
PDRes 403-16 Clerk
BOS Res. #054-16
January 28, 2016
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
Mr. Patrick Sowers
Pennoni Associates, Inc.
117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
RE: REZONING # 12-15
PIN: 75-A-89, 75 -A -89A, 75-A-91, 75-A-92, 75-A-95, 75-A-96, and a portion 75-A-90 and
75-A-94.
Dear Patrick:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting on January 27, 2016. The above -referenced application was approved to rezone 58.30+/ -
acre from RP (Residential Performance) District to B2 (General Business) District and 72.47+/ -
acres from B2 (General Business) District to RP (Residential Performance) District within the
Crosspointe Center development, Rezoning #13-03, and to amend the proffers associated with
Rezoning #13-03 with final proffers approved as amended at Board of Supervisors meeting on
January 27, 2016. The property is located east and adjacent to I-81 Exit 310 Interchange, and
adjacent to Tasker Road and Hillandale Lane in the Shawnee Magisterial District.
The proffer statement, originally dated August 27, 2003, with final revision date of January 27,
2016, was approved as amended at the Board of Supervisors meeting on January 27, 2016. The
proffer statement that was approved as a part of this rezoning application is unique to the above
referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted
proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will
present the written proffer to the Frederick County Clerk of Circuit Court for recordation.
Please do not hesitate to contact this office if you have any questions regarding the approval of
this rezoning application.
Sincerely,
Michael T. Ruddy, AICP
Director
MTR/ks
Attachment
cc: Gene E. Fisher, Supervisor Shawnee District
Lawrence R. Ambrogi and H. Paige Manuel, Shawnee District Planning Commissioners
Jane Anderson, Real Estate
Ellen Murphy, Commissioner of Revenue
Glaize Developments, 112 E. Piccadilly St. Winchester, VA 22601
Rod Williams, County Attorney w/Proffer and Resolution
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
AMENDED PROFFER STATEMENT
C)
REZONING: RZ # MA CD
Proffer Condition Amendment to CA
approved Rezoning 13-03, to ua and a-2
PROPERTY: 574.37 acres
Tax Map Parcels 75-A-89, 89A, 91, 92,
95, 96 and a portion of 75-A-90 and 75-A-94 (the
"Property")
RECORD OWNER: Glaize Developments, Incorporated, a Virginia corporation.
APPLICANT: Glaize Developments, Incorporated, a Virginia corporation
PROJECT NAME: Crosspointe Center (the "Project")
ORIGINAL DATE
OF PROFFERS: August 27, 2003
REVISION DATE: October 22, 2003
January 23, 2004
PROFFER CONDITION
AMENDMENT: August 7, 2015
REVISION DATE: November 20, 2015; December 15, 2015; January 4, 2016;
January 27, 2016
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 amended 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 amended 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 approving these amended proffers 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. If this application is denied by the Board, but in the event that
an appeal is for any reason thereafter remanded to the Board for reconsideration by a
court of competent jurisdiction, then these proffers shall be deemed withdrawn unless the
Applicant shall affirmatively readopt all or any portion hereof in a writing specifically for
that purpose and the originally approved proffers for the Property shall remain in full
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force and effect.
Proffer Condition Amendment
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The headings of the amcnucu profl�rs set forth bciow 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 "Revised Generalized Development Plan" shall
refer to the plan entitled "Generalized Development Plan, Crosspointe Center" dated
November 19, 2015 (the "Revised GDP").
I. DEVELOPMENT OF PHASED LAND USE AND TRANSPORTATION:
A. The Project shall be developed as one single and unified Project in
accordance with applicable ordinances, regulations, and design standards, and this
Amended Crosspointe Proffer Statement, as may be approved by the Board.
B. Commercial/retail development on the Project shall not exceed a
maximum of 1,088,000 square feet, in the locations generally depicted on the Revised
GDP except as provided herein. Notwithstanding the foregoing, the Applicant may
develop additional commercial uses, provided that it demonstrates to the satisfaction of
the County and the Virginia Department of Transportation ("VDOT") by means of a
Transportation Impact Analysis, that the then -existing roads in the Project will continue
to function at an acceptable Level of Service upon construction of such additional
commercial/retail uses.
1. Areas of commercial development on the Project shall be developed in
conformance with the regulations of the Business General (`132") zoning district, as set
forth in the Frederick County Code. All commercial development on the Project shall
comply with the aforesaid regulations, or as may be otherwise approved by Frederick
County.
C. Residential development on the Project shall not exceed a maximum of
1,578 dwelling units, of which 200 may be age -restricted housing units that may be
constructed in any phase of the Project, as those phases are set out below. All permitted
dwellings may be single-family detached, single-family attached, or multi -family.
1. Areas of residential development on the Project shall be developed in
conformance with the regulations of the Residential Performance ("RP") zoning district,
as set forth in the Frederick County Code. All residential development on the Project
shall comply with the aforesaid regulations, or as may be otherwise approved by
Frederick County.
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Crosspointe Center
Proffer Condition Amendment
D. Except to the extent otherwise prohibited by the Virginia Fair Housing
Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal
requirements, any dwelling unit within the portions of the Project identified as "age -
restricted" housing shall be restricted to "housing for older persons" as defined in Va.
Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years
of age shall be permitted to be regularly domiciled or to reside permanently therein. The
restriction provided for herein shall also be in the form of a restrictive covenant with
respect to the residential portion of the Project, and any Homeowners' Association
created with respect thereto shall have assigned responsibility for the enforcement and
administration of the said covenant.
E. Transportation improvements shall be associated with and initiated with
each Phase of the Project as set forth. It is the Applicant's intent to utilize public road
funding, as it may be available for portions of this Project, provided, however, that the
responsibility for causing required construction to occur prior to issuance of building
permits shall rest with the Applicant.
F. The commercial floor space proffered herein is the minimum necessary to
mitigate the residential impacts of each phase without the necessity of cash proffers and
is not a cap on commercial development other than that set forth in Proffer I (B), above.
II. PHASING PROVISIONS.
A. The Project shall be developed in three phases, denominated Phases I, II,
and III, as follows:
1. Phase I of the Project shall consist of not more than 960,000 square
feet of commercial/retail gross leasable floor space, and 938 total dwelling units, on the
basis of the Phase I Transportation Improvements, and except as provided below.
a) The Phase I Transportation Improvements are as follows:
(i). Pursuant to an agreement entered into by and between
VDOT, Glaize Developments, Incorporated, and the Frederick County Zoning
Administrator, dated May 7, 2012 (the "Three Party Agreement"),' the County has
deemed the VDOT highway improvements under construction as of the date of these
Amended Proffers to have satisfied the Applicant's originally proffered Phase I proffers.
Development authorized for Phase I herein therefore requires no additional road
' A copy of the Three Party Agreement is attached hereto and incorporated herein
for reference, but is not proffered.
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improvements, and the Applicant shall have no further obligation with respect thereto
except as provided.2
(ii). Notwithstanding the foregoing, prior to the issuance of the
first occupancy permit within Phase I, the Applicant shall design and complete the
extension of Tasker Road from Point "H" to "J" as shown on the Revised GDP. The
exact location and design of that extension shall be in substantial conformance with the
Revised GDP, but shall be subject to reasonable adjustment upon final engineering
thereof.3
(iii). Prior to the issuance of the first occupancy permit for the
617th residential dwelling unit, the Applicant shall design, construct, and complete the
extension of Tasker Road from Point "J" to "K," as well as the segment of Warrior Road
from Point "K" to "M" as shown on the Revised GDP. The exact location and design of
such improvements shall be in substantial conformance with the Revised GDP but shall
be subject to reasonable adjustment upon final engineering thereof.
b) No occupancy permits may be issued for more than 370,000 square
feet of commercial/retail gross leasable floor area until the Applicant has completed a
Traffic Impact Analysis, for review and approval by VDOT and the County, for the
purpose of identifying such improvements as may be necessary in order for the
intersection of the Route 37 temporary off -ramp and Tasker Road to operate at an
acceptable level of service. The Applicant shall construct such on-site improvements, if
any, as may be identified by such Analysis prior to the issuance of further occupancy
permits. Gross building floor area constructed for Frederick County government services
2 For clarity in the interpretation and enforcement of these Amended Proffers, the
Phase I road and highway improvements that are being constructed by VDOT as of the
date of approval of these Amended Proffers, and which are deemed to have been satisfied
pursuant to the Three Party Agreement, are the road segments identified as "A" to `B",
"D" to "E", "E" to "G", "F" to "G", "G" to "H", and "H" to "I" on the original
Generalized Development Plan exhibits identifying those segments, the construction of a
20 -inch water line replacement, and any improvements to U.S. Route 11 west of
Interstate 81. VDOT has not, however, constructed segment "H" to "J" as required by the
Three Party Agreement, but provision for its construction is referenced in Proffer
A(1)(b).
3 For the purposes of this Proffer Statement, all proffered road improvements shall
be deemed complete for the purposes of commencing development of the Project when a
roadway is open for public use, whether or not the final coat of asphalt has been applied,
and whether or not it has been accepted into the state highway system.
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shall be included in the required traffic study, but shall not count towards the aforesaid Cil
limitation.
2. Phase II of the Project shall consist of the construction of an additional
128,800 square feet of commercial/retail gross leasable floor space. Development thereof
shall not commence until occupancy permits have been issued for 370,000 square feet of
commercial/retail gross leasable floor space authorized for Phase I and upon completion
of the Phase II road improvements required herein. Residential development in Phase II
shall not exceed 340 additional dwelling units.
a) Phase II Transportation Improvements.
(i). The following traffic improvements shall be designed and
constructed during the Applicant's development of its Phase II, and shall be completed
prior to issuance of the first occupancy permit in that Phase II, unless noted otherwise
herein. The exact location and design of such improvements shall be in substantial
conformance with the Revised GDP but shall be subject to reasonable adjustment upon
final engineering thereof.
(ii). If not already otherwise constructed, the Applicant shall dedicate
the necessary right-of-way for Warrior Drive from Route 37 to the northeastern limits of
the Project (Points "L" to "K" to "M" on the Revised GDP), including the right of way
from Hoge Run to the northeastern limits of tax map parcel 75-A-94, upon written
request of the County after others have developed an engineered plan for the construction
of a road connection to Point L from the north toward Paper Mill Road. If such a road
connection is approved and commenced by the Applicant, and not by others, the
Applicant shall promptly thereafter design and construct Warrior Drive to from Point
"M" to "L"; provided further that the Applicant shall not be required to construct a bridge
across Hogue Run.
(iii). The Applicant shall design and construct the first two lanes of a
four lane Route 37 as a limited access rural principal arterial route from Tasker Road to
Warrior Drive, (Points "G" to "M" on the Revised GDP); design and construct a 3 -lane
bridge over Tasker Road (Point "G"); and design and construct a portion of the
interchange at Warrior Drive (Point "M") in accordance with VDOT's GS -1 design
standards4 .
4 The Warrior interchange improvements in Phase II of the Project shall include
only the construction of necessary on and off ramps from Route 37 to Warrior Drive on
the west side of the interchange, and shall not include the construction of the bridges over
Warrior Drive, or any ramps on the eastern side of the Warrior Drive interchange. The
Applicant shall amend the Crosspointe Master Development Plan ("MDP"), if it has not
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Crosspointe Center Proffer Condition Amendment
3. Phase III of the Project shall consist of the construction of an additional CJ -1
300 residential housing units upon the completion of the Phase III road improvements.
a) Phase III Transportation Improvements.
(i). The following traffic improvements shall be designed and
constructed during Phase III and shall be completed prior to issuance of the first
occupancy permit in Phase III, unless otherwise noted herein. The exact location and
design of such improvements shall be subject to reasonable adjustment upon final
engineering thereof:
(ii). If not already otherwise constructed, the Applicant shall dedicate
the necessary right-of-way for Warrior Drive from Route 37 to the south property
boundary. (Points "M" to "N" on the Revised GDP). Such dedication shall be made upon
written request of the County when others have developed an engineered plan for the
construction of a road connection to Point N from the south. If such a road connection is
approved and commenced by the Applicant, and not by others, the Applicant shall
promptly thereafter design and construct Warrior Drive to Point "N" to connect with said
road.
(iii). The Applicant shall design and construct the second two lanes of
the four lane Route 37 as a limited access rural principal arterial route, from Tasker Road
to Warrior Drive (Points "G" to "M" on the Revised GDP) and design and construct the
second three -lane bridge over Tasker Road; and the remaining portion of the interchange
at Warrior Drive in accordance with VDOT's GS -1 design standards.I
(iv). No construction permits for commercial or residential uses in
Phase III shall be applied for until one of the three following conditions exist:
1. Warrior Drive is extended by the Applicant or others from the
south across offsite properties to intersect with Tasker Road (S.R. 642) (from Point "N")
or with links provided by others to U.S. Route 522. (From Point "M"); or
already done so, to reflect construction of Route 37 to include two, three -lane, bridges
across Tasker Road, and two, two-lane bridges across Warrior Drive, as the ultimate
configuration of the Improvements and the construction of Route 37 through the
Property.
5 The Phase III Warrior Drive interchange improvements shall include only the
construction of necessary on and off ramps from Route 37 to Warrior Drive on the west
side of the interchange, and shall not include the construction of the bridges over Warrior
Drive or any ramps on the eastern side of the Warrior interchange.
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Proffer Condition Amendment
2. W&fnor Drive is extended by rhe Applicant or others from the
north across offsite properties to intersect with Paper Mill Road (S.R. 644). (From Point
461 11 „
L 1, yr
3. A revised Traffic Impact Analysis is prepared, reviewed, and
approved by Frederick County and VDOT, which provides justification for Phase III
transportation impacts.
4. Miscellaneous Transportation Improvements.
a) The Applicant understands that the right-of-way for Route 37 may
be used for an improved arterial road location in the future. The Applicant shall plan for a
220' wide corridor with a reasonable amount of additional right-of-way to allow for
interchanges at the intersections of I-81 and Warrior Drive. The limits of the additional
right-of-way shall be determined at the time of Master Plan approval.
b) In the event a program is funded to provide for an upgraded
roadway with a full urban interchange at Warrior Drive, such right-of-way shall be
dedicated at no cost to the County. (Points "E" to "G" and "G" to "M" and "M" to the
eastern boundary of the Property.
C) Notwithstanding any other provision of these proffers, road
entrances to Route 37 through the Project shall be limited to two entrances, temporary
access at "G," and at "M," as shown on the Revised GDP. No other entrance or road
connections to Route 37 shall be allowed without the express approval of Frederick
County and VDOT. Future access to Point "G" may require improvements by the
developer as a result of a TIA analysis by the developer to determine if additional
development may proceed in excess of the 370,000 ft.' of commercial/retail gross
leasable floor area as outlined in proffer II A.1.b.
d) The Applicant shall remove the temporary off -ramps at Tasker
Road and Route 37 (Point "G") within two month following the date when (a) a second
Traffic Impact Analysis ("TIA") is approved that demonstrates those ramps are no longer
necessary for the safe movement of traffic on Route 37 and within Crosspointe, after the
completion of the western half of the interchange at Warrior Drive, or (b) when an off-
site connection is made to Route 522 to the east, or to properties to the north or south by
means of an extended Warrior Drive, whichever first occurs, and in either such case (c)
the development of Crosspointe has commenced. The two-month removal window will
be within the normal construction months of April through October and the work may
carry over into a subsequent construction season if the entire two-month time frame is not
available in the construction season that the work commences. The interim ramp right-of-
way at Tasker Road will be re -conveyed to Glaize upon the satisfactory removal of the
temporary Tasker ramps by Glaize and final inspection by VDOT.
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Ill. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: co
A. Materials utilized for all exterior facades of the commercial buildings shall
include but not be limited to concrete masonry units (CMU) brick, architectural block,
dryvit, or other simulated stucco (EFIS), real or simulated wood and/or glass. Standard
concrete masonry block shall not be used for the front facades of any buildings.
B. All buildings within the Project shall be constructed using compatible
architectural styles and materials, and signage for such buildings shall be of a similar
style and materials in order to maintain a unified development plan. The Applicant shall
establish one or more Architectural Review Boards to enforce the unified development
plan.
C. A comprehensive sign plan shall be provided to the Frederick County
Department of Planning and Development prior to approval of the first site plan or
subdivision design plan for the Project.
D. The major collector roadways in the Project (Tasker Road and Warrior
Drive), exclusive of those constructed by VDOT, shall have a minimum 35' width buffer
adjacent to dedicated rights of way and, except at entrance locations, be improved with
landscape features and lighting to create a quality "boulevard" appearance. Illustrative
details of these improvements shall be presented for approval by Frederick County at
Master Plan.
IV. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS
The Applicant shall design and build a public pedestrian -bicycle trail system as
depicted on the Revised GDP that links residential and commercial areas within the
Project. Trails shall be 10 feet wide and have an asphalt surface.
V. FIRE & RESCUE:
A. The Applicant shall contribute to the Board the sum of $250.00 per
dwelling unit for fire and rescue purposes, payable upon the issuance of an occupancy
permit for each such unit.
B. The Applicant shall contribute a total of $300,000.00 to the Board for fire
and rescue purposes, payable in installments of $200,000.00 for Phase I, as well as a
further $50,000.00 each for Phase II and Phase III, payable upon issuance of the first
building permit for any residential or commercial construction in each of the phases as
described herein.
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VI. SCHOOLS:
Proffer Condition Amendment
The Applicant shall contribute to the Board the sum of $3,000.00 per dwelling
unit for school purposes, payable upon the issuance of an occupancy permit for each such
unit with the exception of age -restricted units.
VII. PARKS & OPEN SPACE:
The Applicant shall contribute to the Board the sum of $500.00 per dwelling unit
for recreational purposes, payable upon the issuance of an occupancy permit for each
such unit.
VIII. LIBRARIES:
The Applicant shall contribute to the Board the sum of $100.00 per dwelling unit
for library purposes, payable upon the issuance of an occupancy permit for each such
unit.
IX. SHERIFF'S OFFICE:
The Applicant shall contribute to the Board the sum of $5,000.00 for the Sheriff's
Office upon issuance of the first building permit for the Project.
X. ADMINISTRATION BUILDING:
The Applicant shall contribute to the Board the sum of $5,000.00 to be used for
construction of a general governmental administration building upon issuance of the first
building permit for the Project.
XI. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS'
ASSOCIATIONS:
A. The residential portion of the Project 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, 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.
B. 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, including
stormwater management facilities, not otherwise dedicated to public use, including the
pedestrian -bicycle trail system proffered herein, (ii) common buffer areas located outside
of residential lots; (iii) common solid waste disposal programs, including curbside pick-
up of refuse by a private refuse collection company, and (iv) responsibility for the
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perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer CD
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.
C. The commercial portion of the Project 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 stormwater
management facilities and 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 POA herein.
D. In addition to such other duties and responsibilities as may be assigned, a
POA 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
commercial lots; (iii) common solid waste disposal programs to include dumpster and
contract carrier services provided by a private refuse collection company, and (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 POA if
platted within commercial or other lots, or otherwise granted to the POA by appropriate
instrument.
E. If there is more than one such HOA or POA, the Applicant may elect to
create an umbrella association with respect to the entire Project that shall, among other
things, have responsibility for assuring compliance with design guidelines and standards,
signage requirements, common area maintenance, and similar matters. If no master
association is created, the Applicant shall assure, through such reciprocal agreements or
easements as may be required, for the operation and maintenance of common
infrastructure and other common undertakings as set forth herein.
F. The Applicant shall establish a start-up fund in the amount of $5,000.00 in
order to facilitate the HOA operations. The fund shall be transferred to the HOA at such
time that control of the HOA is transferred to the third party property owners.
XII. WATER & SEWER:
The Applicant shall be responsible for connecting the Project 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.
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XIII. ENVIRONMENT:
Stream preservation buffers shall be constructed in general conformance with the
Revised GDP, so as to create buffers in excess of that required by the Frederick County
Zoning Ordinance to protect the Opequon and Hogue Run streams from disturbance. No
clearing or grading shall occur within those buffers, except for the construction of road
crossings, trails, water, sanitary sewer, or other utilities.
XIV. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION:
A. The Applicant shall preserve Hilandale House for such uses as may be
deemed appropriate by the Applicant, including, but not limited to, an adaptive re -use of
the structure for a commercial type use. The Applicant shall further create a preservation
park immediately surrounding the House, as generally depicted on the Revised GDP.
B. The Applicant shall create a ten -acre preservation park immediately
surrounding the encampment area associated with Camp Russell, as generally depicted on
the Revised GDP.
C. The Applicant shall create a two -acre preservation park surrounding the
Carysbrook Redoubt area, as generally depicted on the Revised GDP.
D. Prior to the commencement of any land disturbing activities on the
Project, the Applicant shall perform a Phase I Archeological Study with respect to the
area proposed to be disturbed, for investigation of those portions of the Project that lie
outside the development area previously studied in any Route 37 Final Environmental
Impact Statement/Section 4(f) Evaluation (the "FEIS") conducted by VDOT or others. In
the event that such a Phase I study indicates that further study is required, then the
Applicant shall undertake such further studies as may be indicated.
E. If the Applicant constructs the extension of Warrior Road in the alignment
contemplated by and studied in any FEIS, the Applicant will coordinate that construction
with the Federal Highway Administration ("FHWA"), the Virginia State Historic
Preservation Officer ("SHPO"), VDOT, and Frederick County to assure implementation
of the Memorandum of Agreement previously entered into between the County, the
FHWA and the State Historic Preservation Officer pursuant to 36 CFR § 800.6(a).
F. Any additional archeological features identified during a Phase I study
will be evaluated in accordance with Virginia Department of Historic Resources
("VDHR") guidelines, and in the event that a National Register -eligible site is identified,
the Applicant will work with VDHR and the County to mitigate any adverse effects that
may result from the proposed Project.
Page 11 of 13
Crosspointe Center
Proffer Condition Amendment
G. Any park areas that are identified 'herein, or that are identified on the
Revised GDP, will be first offered to the County for ownership and maintenance for a
period of 12 months following the approval of the first site or subdivision plan for the
Project. If the County does not elect within that time to accept those park areas, they shall
be assigned to and perpetually owned and maintained by one or more homeowners' or
property owners' associations as may be determined by the Applicant.
XV. RESERVATION OF AREA FOR GOVERNMENT SERVICES
The Applicant shall reserve approximately nine acres of land in within the Phase I
Commercial area for the placement of such government services as the Board may elect;
provided, however that this shall not permit construction of a motor pool maintenance
facility or impoundment yard or similar uses. The Applicant shall reserve the aforesaid
property for a period of five (5) years from the date of the approval of this proffer
condition amendment.
XVI. ESCALATOR CLAUSE
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 proffer condition amendment, 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 application 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, with a maximum adjustment
period of 10 years, subject to a cap of 4% per year, non -compounded.
SIGNATURES APPEAR ON FOLLOWING PAGES
Page 12 of 13
Crosspointe Center
Proffer Condition Amendment
GLARE DEVELOPMENTS, INCORPORATED
By:�C.
Title: �•
COMMONWEALTH OF VIRGINIA;
CITY/E�OF to -wit
The foregoing instrument was acknowledged before me this D-1 day of
2016, by
My Commission expires:
-:
E, MARKLE
11RY PUBLIC
iiATION # 138684
1.. o'. ALTH OF VIRGINIA
NiiSSION EXPIRES
,!.Y 31, 2016
Page 13 of 13
Notary Public
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NOTES
1. FREDERICK COUNTY PINS: 75-A-89, 75 -A -89A, 75-A-90, 75-A-91,
75-A-92, 75-A-94, 75-A-95, 75-A-96 AND 75-4-2, ALL CURRENTLY
UNDER THE NAME OF GLAIZE DEVELOPMENTS, INC.
2. BOUNDARY INFORMATION IS BASED ON A CURRENT FIELD RUN SURVEY
PURSUANT TO DEEDS OF RECORD AMONG THE LAND RECORDS OF
FREDERICK COUNTY, VIRGINIA, AND UNRECORDED PLATS PROVIDED AND
PREPARED BY GILBERT W. CLIFFORD & ASSOCIATES, INC. DATE OF LAST
FIELD INSPECTION: DECEMBER 18, 2007.
3. THE PLAT OF THE PROPERTY SHOWN HEREON IS REFERENCED TO THE
VIRGINIA COORDINATE SYSTEM (NORTH. ZONE), NAD 1983(CORS96). THE
COMBINED GRID AND ELEVATION FACTOR WHICH HAS BEEN APPLIED TO
ESTABLISH THE PROJECT COORDINATES IS 0.9999604836.
6. THE LOCATION OR EXISTENCE OF UNDERGROUND UTILITIES, HAZARDOUS
MATERIALS, ENVIRONMENTALLY SENSITIVE OR DAMAGED AREAS OR
WETLANDS (IF ANY) IS NOT DETERMINED BY THIS SURVEY.
8. BOUNDARY EXHIBIT PREPARED WITHOUT BENEFIT OF A TITLE REPORT,
THEREFORE EASEMENTS MAY EXIST THAT ARE NOT SHOWN HEREON.
PROPOSED
RP TO 62 ZONING
58.30 AC.
MHU
mmoffinow
00011011
4
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NFA �JpS
1)� F•
14
F6
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2�W
4,
60`5316 k
979 p°
32 yry
h
CURVE TABLE
CURVE RADIUS DELTA LENGTH TANGENT BEARING I CHORD
C1 113.40' 36'12'45" 71.67' 37.08' 1 N50'49'23"W 70.48'
C3 1 1223.24' 1 28'20'29" 605.08' 308.86' N18'12'28"E 598.9X-
58 . 30"E
98.9X
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2
0 75-A-94 ♦."J
SITE ~'
c.n
I ,75 -A -89A
75 -A --B9
TASKER RC
RTE 642
VICINITY MAP
SCALE: 1" - 2000'
C4
10097.00'
1 864.71'
864.44'
1 N 76'41'00" W
1 4'54'24"
432.62'
CS
2200.00'
1 340.00'
339.66'
N 26'10'28" E
8'51'17"
170.34'
C6
600.00'
258.77'
256.77'
S 89'54'15"F
24'42'39'
131.43'
C7
750.00'
524.12'
513.52'
N 8T25'S3" E
40'02'24"
273.27'
420.93'
420.90'
S 63'16'44" E
223'19'
210.49'
589'17'06"W- -1984.64'
10097.00'
94762'
947.28'
S 67'09'42' E
5'22'38"
474.16'
45.00'
79.01'
69.25'
N 31'4733" E
100'36'10"5421'
hC810097.00'
470.00'
497.17'
474.31'
N 51'47'24'E60'36'28"
274.69'45.00'
70.86'
6377'
N 23'2402" W
90'13'35"
45.18'
15.00'
25.91'
22.81'
N19'017.55'
35.00'
46.28'
42:98'
1 N OT25'07" W
75'45'21"
27.23'
EXISTING RA ZONING
TO REMAIN RA
\ 51.9420 AC.
s
�6.
2j \iS:
C
�S
x
\
u
1524.46'
589'17'06"W- -1984.64'
GRAPHIC SCALE
I IN FEET )
I inch = 400 1L
PROPOSED ZONING BOUNCARY
CROSSPOINTE
DEED BOOK 293, PAGE 442
DEED BOOK 896, PAGE 1819
INSTRUMENT #020016414
INSTRUMENT #040009128
SHAWNEE MAGISTERIAL D15TRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 = 400' DATE: DECEMBER 13, 2015
PENNONI ASSOCIATES. INC.
Engineers. S-yars_ PIpnne, L-dccap2 A-0-15,
117 East Piccadilly Street, Sub 200
lMnchester, Vtr9lnla 226QI
T Sa0.667.2139
F 00.665.0493 SHEET I Ot 1