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Home My WebLink About01-17 Proffer StatementF)eL4EPCX1'1 f'' -, '$iV oe M')P PROFFER STATEMENT T G'7 REZONING: RZ# "°_® Residential Performance (RP) and Rural Areas (RA) to Residential — Performance (RP) C_3 PROPERTY: 47.5415 acre +/- total (the "Property") comprised of the following,- Tax ollowing;Tax Map Parcel 64-A-23 (26.8733 Acres – RP to RP) Tax Map Parcel 64-A-19 (2.2021 Acres – RP to RP) Portion of Tax Map Parcel 64-A-20 (4,6065 Acres – RP to RP) Remainder of Tax Map Parcel 64-A-20 (13.8596 Acres – RA to RP) RECORD OWNER: Shen -Valley Land Holdings, LLC APPLICANT: Shen -Valley Land Holdings, LLC PROJECT NAME: Freedom Manor ORIGINAL DATE OF PROFFERS: December 30, 2014 REVISION DATE(S): September 4, 2015; November 4, 2015; November 18, 2015; December 15, 2015; January 11, 2016 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shail 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RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void.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 pians 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 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" or "GDP" shall refer to the plan entitled "Generalized Development Plan, Freedom Manor" dated November 3, 2014 and revised January 11, 2016. 1. Site Deveaopment 1.1 Development of the Property shall not exceed a total of 300 dwelling units developed in two phases. Phase 1 shall include a maximum of 100 sipgle family detached dwelling units within the area depicted as Phase 1 by the GDP. Phase 2, as depicted by the GDP, shall consist of the remaining 200 dwelling units which . may be single family attached units, apartment uni s, or any comm ' thereof. Proffer Statement Freedom Manor 1.2 The Property shall be developed in general conformance with the Generalized Development Plan, subject to minor modifications to accommodate final engineering. sem,. T "Ef�S IIrtBtion Prior to issuance of the first certificate of occupancy for any dwelling constructed on the Property, the Applicant shall dedicate right of way across the Papermill Road frontage of the Property in order to provide for a minimum of 58 feet of right of way, as measured from the centerline of Papermill Road, to provide for bo Wfuture road improvements and a hiker/biker trail within the right of way. In the event that the Applicant chooses to locate the hiker/biker trail as proffered across the Papermill Road frontage within a public access easement, the right of way dedication may be reduced to provide for a minimum of 48 feet of right of way, as measured from the centerline of Papermill Road. 2.2 Prior to issuance of a certificate of occupancy for the initial dwelling unit constructed on the Property, the Applicant shall construct a single lane roundabout to access the Property from Papermill Road in the general location and configuration depicted on the GDP. Design of the roundabout shall be subject to VDOT review and approval. No additional site entrances shall be permitted along Papermill Road. 2.3 The Applicant shall complete the following transportation improvements, subject to VDOT approval, prior to issuance of a building permit for the 150'" dwelling unit constructed on the Property: • The Applicant shall design and construct the north/south connector road as a public roadway from the Property entrance at Papermill Road to the northern Property limits to connect with the planned interparcel connector for the adjoining Madison Village project in the general location depicted on the GDP. • The Applicant shall design and construct a public roadway to provide an interparcel connection to the western Property limits in the general location depicted on the GDP. Said interparcel connection may be constructed within the Phase 1 or Phase 2 area of the Property. 3. Pedestrian/Biker Improvements 3.1 Prior to issuance of a building permit for the 501h dwelling unit constructed on the / Property, the Applicant shall construct a 10' asphalt shared use path across the Property v/ frontage on Papermill Road and across the southern Property boundary in the general location depicted on the GDP. Public access easements shall be provided for these trails if not constructed within public right of way. . As part of the design and construction of the north/south connector road, the Applicant shall construct a 10' asphalt shared use path to extend from the site entrance on Papermill Road to the northern Property limits to link trail facilities planned for the adjoining development as depicted on the GDP. Page 2 of 5 Proffer Statement 4. 6. Freedom Manor hionetary Contribution to Offset Impact of Development 4.1 For any single family detached dwelling units and for any single family attached or apartment dwelling units constructed on the Property, the Applicant shall contribute the following amounts to Frederick County for the purposes identified in following Table A. Said contribution shall be made prior to issuance of a certificate of occupancy for each of the subject dwelling units. Table A. Monetary Contributions Single Family Single Family .. Apartment Purpose Detached Units Attached Units Units Fire and Rescue $438 $406 $412 General Government $1,098 $1,050 $1,050 Library $354 $338 $338 Parks and Recreation $1,455 $1,391 $1,391 School Construction $12,400 $10,495 $10,689 TOTAL $15,745 $13,630 $13,8801 4.2 In addition to the monetary contributions provided for by Proffer 4.1, the Applicant shall contribute to Frederick County the sum of $250 per dwelling unit for transportation improvements within the general vicinity of the Property. Said contribution shall be made prior to issuance of a certificate of occupancy for each dwelling unit. Option for use of Transfer of Development Rights Ordinance 5.1 In lieu of the per unit monetary contribution as provided for by Proffer 4.1, 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 300 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. Creation of and Initial funding for Property Owners Association 6.1 Development of the Property shall include creation of a Property Owners Association (POA) which shall be responsible for ownership and maintenance of any common areas and stormwater management facilities not dedicated to a public entity as well as solid waste collection and disposal. In addition, the POA shall be subject to other responsibilities, duties, and powers as are customary for such associations. 6.2 The Applicant shall establish a start-up fund in the amount of $5,000.00 in order to facilitate the POA operations. The funds shall be transferred to the POA at such time that control of the POA is transferred to the third party property owners. Page 3 of 5 Proffer Statement Freedom Manor 7. dscaoe duffer 7.1 rior to issuance of a building permit for the 50" dwelling unit constructed on the Property, the Applicant shall install a single row of evergreens, a minimum of 4. feet tall at time of planting and spaced a maximum of 10 feet on center, along the common Ceti boundary line with Shenandoah Memorial Park. SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 4 of 5 • s ♦y fr �. �Ieclisozx'ncrof.`� pi Hoed and 10' TraR _ Connection to �. 1 _ Madison l iii,age Connection to 01 -- -_` r F7 ` W 63-A.--145 I ��^ rum � Proposed 19' 1'ralg s ♦y r X10' "tell Connector Road �, r Proposed �t�� ♦ � £ropavo4 RoundaboiProposed 19 1VOI f Evergreen � 1 Screen L ProposedCv �. d �"•. R/W Dcd_cation 3hOWMdoah i 0 1 Memorial SUBJECT PROPERTY Park I.� -• Ezictin.g�--7 Signal -- - FREEDOM MANOR PEN \V ONI ASSOCIATES INC. w c Genera/iced Deve%pment P/on 117 E. Picadilly St. Winches!er, Virginia 22601 O a VOICE: (540) 667-2139 FAX: (540) 665-0493 fREDER/CK COUNTY, WRG/NA Proffer Statement Freedom Manor Respectfully 1 Date: JAN; 1: 1 ? ° 'l_Oi 5 C., ; STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this ILL, day of , by My commission expires _+ 31 a 01 Notary Public Page 5 of 5 Deborah F. Bly Commonwealth of Vrginia Notary Public Commission No. 360532 My Commission Expires 04/30/2017 AAIENDM ENT Action: c� PLANNING COMMISSION: December 2, 2015 - Recommended Approval BOARD OF SUPERVISORS: January l 3, 2016 _ R APPROVED LI DENIED c; ; AN ORDINANCE AMENDING k JE ZONING DISTRIC'T I;SAI' REZONING #I 1-15 FREEDOM MANOR Wfl EREI S, ;?.ezoning #11-15, of Sben-valley Laski Holdings, TALC, submitted by Pennoni Associates to rezone 33.6819 acres from the RP (Residential Performance) District and 13.8596 acres from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers, final revision date January 11, 2016 was considered. The properties are located east and adjacent to Papermill Road (Route 644), approximately 2,300 feet northwest of the existing signalized intersection of Front Royal Pike (Route 522) and Papermill Road (Route 644). The properties are further identified with PIN(s) 64-A-23, 64-A-20 and 64-A-19 in the Shawnee Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on December 2, 2015 and recommended approval; and WHF,REAS, the Board of Supervisors held a public hearing on this rezoning on January 13, 2016; and WITEREAS, 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; NONN', THEREFORE. HE I t 01IDAI—I ESD 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 33.6819 acres from the RP (Residential Performance) District and 13.8596 acres from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers, final revision date January 11, 2016. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes #01-16 -2 - This ordinance shall be in effect on the date of adoption. Passed this 13th day of January, 2016 by the following recorded vote_ Charles S. DeIlaven, Jr., Chairman Aye Gary A. Lofton Aye Robert A. Hess Aye Robert W. Wells Aye Gene E. Fisher Absent Judith McCann -Slaughter Aye Blaine P. Dunn Aye A, COPY /-ITTTIST � 3renda U. Garton -- - -------------- 1 rederick County .Adininist ator and with c•ertificale acknot+l�'d' Was aell-nitt.L-(l 1c, r(�r,;':s , s •�� ' r " -> > rp t r eJ ilt3�(,,,c„(; �JJ+ � �P� , ,:`u, � •s:.�l� rv:i Ri PDRes #01-1 b Of hay.:' of '.3] 1F.?G! r 39Si"s` able BOS Res. #051-16 f.� i