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HomeMy WebLinkAboutProffers Stephenson Village - BackfileCOUNTY of FRE, DERICK rtment of Planning and Dei,elopment 540/665-5651 FAX: 540/665-6395 September 29, 2003 Mr. Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: R-EZONING#06-03, Stephenson Village Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of September 24, 2003. The above -referenced application was approved to rezone 794.6 acres fiom RA (Rural Ateas) District to R4 (Residential Plamled Cormnunity) District. The approvedproffer statement, dated September 3, 2003, includes the CofnfnunityDesign Modifications Document (Exhibit F) that outlines nine ordinance modification requests. Each modification request was approved by the Board of Supervisors as presented in the proffer statement. A copy of the • approved proffer statement is attached for your records. The properties subject to this rezoning action are identified by Property Identification Numbers 44-A- 31 [portion], 44-A-31A, 44-A-292, and 44-A-293, and are located within the Stonewall Magisterial District. The boundaries of the rezoning are delineated on the Composite Plat dated August 18, 2003, prepared by Greenway Engineering, which is included in the application file maintained in the Department of Plarming and Development. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerel , ClnristopJier M. Mohn, AICP Deputy Plamning Director Attachments CMM/bad cc: J. Donald Shockey, Jr. Jerry Copp, VDOT Resident Engineer John Light, Stonewall District Planning Commissioner Jane Anderson, Real Estate Marcus Lemasters, GIS em: Lynda J. Tyler, Stonewall District Board of Supervisors Member Charles S. DeHaven, Jr., Planning Commission Chairman 107 North Dent Street - Winchester, Virginia 22601-5000 AIVIIIENDlYI[ENT Action PLANNING COMMISSION: August 20, 2003 - Recommended Approval BOARD OF SUPERVISORS: September 24, 2003 - 0 APPROVED ID DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-03 FOR STEPHENSON VILLAGE WHEREAS, Rezoning #06-03 of Stephenson Village, was submitted by Greenway Engineering, to rezone 794.6 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District. This property is located east of Milburn Road (Route 662), south of Old Charles Town Road (Route 761), and southwest of Jordan Springs Road (Route 664), approximately 2,000 feet east of Martinsburg Pike (Route 11 North). The properties included with this application are identified with Property Identification Numbers 44-A-31 [portion], 44-A-31A, 44-A-292, and 44-A-293 in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on August 20, 2003; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 24, 2003;and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning, to include nine ordinance modification requests, to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; N` OW9 THEREFORE9 ICE NT ORDAIII`�1ED 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 794.6 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District with revised proffers, 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 a19-03 • This ordinance shall be in effect on the date of adoption. Passed this 24`h day of September 2003 by the following recorded vote: Richard C. Shickle, Chairman Ave Sidney A. Reyes Nay Gina A. Forrester Nay Margaret B. Douglas Aye W. Harrington Smith, Jr. Absent Robert M. Sager Aye Lynda J. Tyler .pye A COPY ATTEST John R. ' ey, Jr. . Frederick County Administrator • PDRes. #19-03 0:\Resolutions\2003 Rezoning Resolutions\Stephenson Village.wpd • PROFFER STATEMENT STEP IIENSON VE LILAG E RESHIDIENTHAL PLANNED (COMIV1IUNNT Y Rezoning # 06-03 Property Owner/Applicant: Stephenson Associates, L.C. is Property: 794.6± Acres, Tax Map Nos. 44-((A))-31A, 44-((A))-292, 44-((A))-293, and A Portion ®f Tax Parcel 44-((A))-311 Stonewall Magisterial District Frederick County, Virginia Date: January 8, 2003 Revised: Larch i, 2003 ]Revised: April 24, 2003 ]Revised: August 18, 2003 ]Devised: September 3, 2003 • September 3, 2003 • S TABLE OF CONTENTS Page EXECUTIVE SUMMARY n L COMMUNITY DESIGN MODIFICATION DI[IFICATI ON DOCUMENT 2 2, PHASING PLAN TO MINIMIZE IZIE SUDDEN IMPACTS ON COUNTY SERVICES 2 3> USES, DENSITY AND MIX OF HOUSING TYPES PIES 3 4. APPLICANT TO PAY 100 % OF CAPITAL FACILITY IMPACTS 5 S. MATCHING FUNDS FOR TRANSPORTATION IENIF][ANCIEI@/>(IENTS AND/OR HERITAGE E TOURISM i 6. MONETARY CONTRIBUTION TO CLEAR BROOK VOLUNTEER FIRE AND RESCUE, INC. i 7. MULTI -MODAL TRANSPORTATION IMPROVEMENTS S S. SCHOOL AND IBALLIFI EL)<D SITES, COMMUNITY FACILITIES ES AND (PUBLIC USE AREAS 9. RECREATIONAL AMENITIES AND LINEAR PARK 13 10. ACTIVE ADULT AGE -RESTRICTED HOUSING USING 14 bL AFFORDABLE HOUSING FOR THE ELDERLY 16 12. PRESERVATION OF HISTORICAL O RIICAL AND CULTURAL RESOURCES 16 13. COMMERCIAL CENTER 16 14. RENT FREE COUNTY OFFICE SPACE 10 15. COMMUNITY UN1['><'1Y DESIGN FOR A STRONG SENSE OF PLACE is 16. ENVIRONMENTAL FEATURES AND 1HiAIB][`)C'AT PRESERVATION 19 17. COMMUNITY CURBSIDE TRASH COLLECTION 22 19. WATER AND SEWER IMPROVEMENTS EIM[IENTS IN THE ST EIPH ENSON AREA 23 719. COMPREHENSIVE (PLAN CONFORMITY TY 23 20. CREATION OF HOMEOWNERS M[IEOWNIEIRS ASSOCIATION(S) 23 21. PROFFERED HOUSING TYPES 24 22. STIR]EIETSCAIPIE DESIGN AND LANDSCAPING 25 23. COMMUNITY UNIITY SIIGNAGIE PROGRAM 26 September 3, 2003 0 EKecuflve Summary Of the Proffer Statement for the Stephenson Village Residential Planned Community The proffers for Stephenson Village define the conditions for the construction and maintenance of a residential planned community based on Smart Growth principles. As envisioned, Stephenson Village will feature a school, public ball fields, recreation centers, trails and convenient shopping that will tie the neighborhoods of Stephenson together and serve as a vital center. Stephenson Village itself will have a distinctive look, a strong architectural theme, and a mixture of housing types to meet the needs of people of all ages, including an age -restricted active adult community and affordable housing for the elderly. The plan emphasizes walkable neighborhoods —with boulevards, sidewalks, bike paths and trails throughout. In addition to the 135.6 acres in the core battlefield area (which is not included in the rezoning request), 794.6±-acre parcel will have approximately 250 acres of open space. Build -out of Stephenson Village is anticipated to take 20 to 25 years. The proffers provide a balance of design and market flexibility and County control over uses and densities. Planned Community Design Stephenson Village will use compact building design with extensive architectural and landscaping standards to create distinctive streetscapes. The proffers specify six new housing types and illustrate floor plans for each. The housing types will be mixed within each neighborhood. To assure overall mixing while maintaining flexibility, the proffers establish maximum percentages for single-family detached, multi -family (townhouse and semi-detached) and age -restricted housing. The design will provide opportunities for people to live, work and shop in the same community. The school and public ball field sites will be located on the north side of the property, along Old Charles Town Road. The center of Stephenson Village will have affordable housing for the elderly and 250,000 square feet of commercial and office space (60,000 square feet guaranteed), including space for a rent-free Frederick County satellite office. Land will be set aside for a day care center in an appropriate location. The south side of Stephenson Village will include a large age -restricted (55 and over) "active adult" community. This will be a gated community with its own recreational facilities and private streets and alleys. In addition, the Applicant will provide a minimum of 144 units for the elderly after sufficient retail space has been occupied to qualify for Federal affordable -housing programs. September 3, 2003 i Stephenson Associates 030703 The proffers establish an overall density cap of 2,465 units exclusive of the affordable housing for the elderly, an average of 3.1 units per acre. To avoid sudden impacts on County schools and other services, the proffers establish a cumulative yearly construction cap of 8% on all units that are not age -restricted. Since age -restricted housing has positive tax impact on County budgets and no impact on schools, these unit types will be exempt from the phasing plan. Covering 100 %m of Capital Facilities Impacts Economic analysis of Stephenson Village indicates that its proffer payments, taxes and fees will more than cover the cost of County services. The Applicant will cover 100% of the capital costs predicted by the County fiscal impact model for each housing type. These proffer fees will be adjusted every two years using the Consumer Price Index (CPI). Additional proffer fees may be assessed by Frederick County if school population from the project is higher than projected. If the cumulative total increase in students from Stephenson Village exceeds 60 students a year, the County may assess an additional proffer fee of $3,925 for each additional student. Transportation Improvements The Applicant will make transportation improvements to maintain acceptable levels of service on existing roads. These improvements will be triggered by actual traffic counts, with levels specified in the proffers, at permanently installed traffic counters at the entrance on Old Charles Town Road and the southwestern entrance. This will allow us to anticipate traffic increases rather than react to them. Design and construction will begin when traffic reaches 80 percent of the trigger point. A four -lane boulevard will serve the community as the major collector road. This road, identified in the County Comprehensive Policy Plan, runs from Old Charles Town Road in the north to Route 11 in the south. The sides and medians of this boulevard will be heavily landscaped outside of conservation and tree -save areas. The boulevard will have bicycle lanes on each side, and sidewalks or walking trails for the entire length in Stephenson Village. The road will be built first in a two-lane half section, beginning at Old Charles Town Road. The road will be extended to Route 11 and the second two-lane section constructed when traffic counts reach specified limits. This major collector road will be dedicated to VDOT. The Applicant has obtained rights -of -way and easements for off -site transportation improvements and will execute agreements with VDOT. Traffic improvements will include: completing the two-lane half -section of the major collector road, extending the major collector road to the Rutherford Farm intersection at Route 11, is signalizing Old Charles Town Road to three lanes between the entrance and Route 11, signalizing (with turn lanes) the northern entrance, and signalizing (with turn lanes) of the September 3, 2003 li Stephenson Associates 030703 0 Page 1 PROFFER STATEMENT S`II""IEPHENSON jVR LILAGIE R ESM EIS TEAL PLANNED (CO PV1IUNRTY Rezoning # 06-03 September 3, 2003 Property Owner/Applicant: Stephenson Associates, L.C. Property. 794.6± Acres, Tax Map Nos. 44-((A))-31A, 44-((A))-292, 44-((A))-293, and A Portion of Tax Parcel 44-((A))-31 Stonewall Magisterial District Frederick County, Virginia Date: January 8, 2003 Revised: March 7, 2003 Revised: April 24, 2003 Revised: August 18, 2003 Revised: September 3, 2003 The undersigned, Stephenson Associates, L.C., (hereinafter referred to as Applicant), its successors and/or assigns, hereby proffers that the use and development of the subject property shall be in strict accordance with the following conditions and shall supersede all other proffers made prior hereto. In the event the above -referenced amendments are not granted as applied for by the Applicant, the below described proffers shall be withdrawn and null and void. The headings of the proffers set forth below, the Table of Contents and the Executive Summary 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 site adjacent to the improvement, unless otherwise specified herein. References made to the Master Development Plan, hereinafter referred to as the Generalized Development Plan, as required by the Frederick County Zoning Ordinance, are to be interpreted to be references to the specific Generalized Development Plan sheets prepared by Greenway Engineering and Land Planning and Design Group, dated September 3, 2003 attached as Exhibit A. The exact boundary and acreage of each land bay may be shifted to a reasonable degree at the time of site plan submission for each land bay in order to accommodate engineering or design considerations. The Applicant is submitting a Generalized Development Plan (Exhibit A) as a part of the rezoning application. The Generalized Development Plan is provided in lieu of a Master Development Plan, and contains all information deemed appropriate by the Frederick County Planning Department. The Generalized Development Plan does not eliminate the requirement for a Master Development • Plan for the portion of the site to be developed, which will be provided following rezoning approval but prior to any development of any portion of the 794.6±-acre site (Property). Page 2 COMMUNITY DESIGN MODIFICATION DOCUMENT: September 3, 2003 In order for the Applicant and Frederick County to implement the Residential Community, it will be important for the Applicant and Frederick County Planning Staff to have the opportunity to anticipate, incorporate and to develop new advanced housing types and configurations that may be suitable in a Residential Planned Community. These housing types will include many of the neo-traditional housing types which are proffered in this Proffer Statement which allow for the creation of a true community and for the maximization and preservation of natural corridors and open space for the use and enjoyment of the community at large. A. Pursuant to Article 11, Amendments of the Frederick County Zoning Ordinance, the approval of this Proffer statement constitutes an amendment to the zoning ordinance, which will allow the expansion of the R4 District. B. The Applicant has proffered a Community Design Modification Document that is attached and incorporated by reference herein as Exhibit F, and which is accepted by Frederick County. In addition to the above, by approving this Proffer Statement, the Frederick County Board of .Supervisors agrees without need of any further Board of Supervisors or Planning Department approval to any modifications for any matter which has been previously agreed to and therefore approved by Frederick County. Further still, any submitted revisions to the approved Generalized Development Plan, the approved Master Development Plan and/or any of its requirements for any development zoned R-4 which affect the perimeter of the development or which would increase the overall density of the development shall require the Board of Supervisors' approval. If, in the reasonable discretion of the Frederick County Planning Department, the Planning Department decides any requested modification should be reviewed by the Frederick County Board of Supervisors, it may secure said approval by placing this matter before the Frederick County Board of Supervisors at its next regularly scheduled meeting. However, and not withstanding what is stated above, once a modification has been approved administratively, the Applicant shall not be required to seek approval for any subsequent similar modification. 2. PHASING PLAN TO MINIMIZE SUDDEN IMPACTS ON COUNTY SERVICES: A. Additional Proffer Payment To minimize sudden increases in the Frederick County Public School population and sudden impacts on other county services, the Applicant shall implement the following phasing plan on all residential housing that is not age -restricted.. To ensure that unanticipated increases in Frederick County Public School population do not burden the county with extra costs, Frederick County may assess the Applicant to effectively double school - related proffers for each student that exceeds a cumulative yearly total increase of 60 students per year. • Page 3 September 3, 2003 The total number of new Frederick County Public School students generated by Stephenson Village will be determined from the September 30 report produced by Frederick County Public Schools. The Applicant proffers to reimburse Frederick County Public Schools for its cost of creating the September 30 report data related to Stephenson Village. This additional proffer payment will be provided to Frederick County by the Applicant within 30 days of receipt of the September 30 report produced by Frederick County Public Schools. If the reported number of Frederick County Public School students generated by Stephenson Village exceeds the cumulative total of 60 students per year (9/30/03=60, 9/30/04=120, etc.), the Applicant shall pay an additional proffer payment of $3,925 as assessed by Frederick County for each Frederick County Public School child that exceeds the cumulative total. The additional proffer payment will be adjusted every two years by the Consumer Price Index. B. Limitation on Permits (1) Calculation The active adult housing units and the affordable housing for the elderly have been removed from the restrictions imposed by the phasing plan and are not part of the following phasing plan formula nor will they be included in the yearly building permit tracking system. The overall density cap for Stephenson Village is 2,465 units, exclusive of the affordable housing for the elderly. Once the planned number of active adult housing units and the affordable housing for the elderly have been removed, the adjusted total number of units subject to phasing restriction is 1,665. The phasing allowed quantities shall be limited to 8% per year on a cumulative yearly basis beginning with the date of approval of this rezoning based on the following formula: (2,465 — 800 to 1,300 range of age restricted units) x 8% + unused permits from prior year(s) = maximum non -age restricted permits for current year Any units not used in a given year shall be carried forward. 3. USES DENSITY AND MIX OF HOUSING TYPES: A. (1) The Applicant shall develop a mix of housing unit types to include those single-family detached, townhouse and multifamily housing unit types described in the Land Bay Breakdown Table in §3A(2) and further described in §21 of this proffer statement. Each of the housing unit types in the R4 District, Section 165-67 of the Frederick County Zoning Ordinance, is either a single-family dwelling, townhouse or multifamily unit type. For purposes of this Proffer, all of the above housing types shall be referred to as Mixed Residential. The following list could be used as they currently exist within the R-4 portion • of the zoning ordinance. • Page 4 September 3, 2003 (2) The following list of Land Bays within the Land Bay Breakdown Table sets forth the development parameters on the Property and is consistent with the proffered Generalized Development Plan identified as Exhibit A: LAND BAY BREAKDOWN LAND LAND USE ACREAGE % OF TOTAL BAY HOUSING UNIT TYPES MIN. MAX. I ELEMENTARY SCHOOL 20 Ac. NA NA II COMMUNITY PARK 24 Ac. NA NA (6 baseball fields & 6 soccer fields) III MIXED RESIDENTIAL 475 Ac. CONVENIENCE COMMERCIAL/DAYCARE 7 Ac.* NA NA SFD 30 53 (Housing Unit Type 1,2,4,5, RP District SFD & Active Adult) TOWNHOUSE 10 30 (Housing Unit Type 6 & RP District Townhouse) MULTIFAMILY 7 30 (Condominiums, Elderly Housing, Housing Unit Type 3 & RP District Duplex,.Multiplex, Atrium & Active Adult) IV ACTIVE ADULT 126 Ac. 30 53 SFD (Housing Unit Type 1,2 &5) Multifamily (Condominiums, Elderly Housing, Housing Unit Type, 3) V COMMERCIAL CENTER 26 Ac.* NA NA (Commercial Retail, Office & Public Service Satellite Facility) The actual acreage identified for each Land Bay is based on the bubble diagram calculated on the proffered Generalized Development Plan and may fluctuate within 5% of the total acreage based on final survey work. 0 Page 5 September 3, 2003 Land Bay Breakdown Notes (1) The above table represents the ranges for the referenced housing types as proposed. The final mix will not exceed the 2,465-unit cap, exclusive of the affordable housing for the elderly (Section 11) and will be comprised of house type combinations representing a mixture identified in the table. The minimum and maximum percentages established apply to the general categories of single family, townhouses, multifamily and active adult units and are not intended to pertain to any one housing type in those categories. The housing unit type maximum percentage for the general categories of single family, townhouse, multifamily and active adult will not exceed the percentages identified in the table and will not exceed the total unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11) based on any combination. *(2) The total commercial area will be a minimum of 4 % of the gross site area or 33 acres and will be located within Land Bays III and V. (3) The Hiatt Run Corridor and the Wetlands Intermittent Ravine Channel are approximately 125 acres. The remaining 113.5 acres of required open space will be provided within Land Bays I, II, III and IV. (4) The Applicant reserves the right to convert more of Land Bay III to active adult or affordable housing for the elderly. In no case shall the percentage of active adult or affordable housing for the elderly exceed 53% of the total unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11). B. For purposes of calculating density pursuant to the Frederick County Zoning Ordinance, all dedications and conveyances of land for public use and/or for the use of the development or any Homeowners Association shall be credited in said calculations. C. There shall be a unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11) on the subject property. D. In order to preclude unwanted industrial and heavy commercial uses, all land uses within the B-3 District and the M-1 District shall be prohibited, unless otherwise permitted in the RP District, the B-1 District or the B-2 District. In no case shall truck stops be permitted within Stephenson Village. 4. APPLICANT TO PAY 100% OF CAPITAL FACILITY IMPACTS: The Frederick County Capital Facilities Fiscal Impact Model was applied to the Stephenson Village rezoning on January 9, 2003. The results of this model run demonstrate a fiscal impact to capital facilities in the amount of $5,327 per residential unit. Page 6 September 3, 2003 The Applicant will pay 100% of these impacts through monetary contributions and land donations to Frederick County, unless otherwise specified by the proffer. The parties agree that the value used for the land donations of $30,000 per acre is appropriate and acceptable. These monetary contributions provide for the capital facilities impacts created by Stephenson Village and shall be paid at the time of building permit issuance for each unit. The monetary contribution will be adjusted every two years by the Consumer Price Index — All Urban Consumers (Current Series) See example at the end of this section. The Applicant will pay for active adult units a 50% premium on proffer fees for fire and rescue over and above the Frederick County Capital Facilities Fiscal Impact Model to cover any increased service demand; similarly, the applicant will pay for affordable apartment units for the elderly a 100% premium. However, these age -restricted units will not include monetary proffers for various capital facilities, such as schools, that they do not impact. The per unit monetary proffer for single family, townhouse and multifamily provides for: $3,925.00 for Frederick County Public Schools ($4,135 per model less $210 for land donation) $635.00 for Frederick County Parks and Recreation ($889 per model less 0 $254 for land donation) $400.00 for Frederick County Fire and Rescue $145.00 for Public Library $152.00 for Administration Building The per unit monetary proffer for active adult units provides for: $635.00 for Frederick County Parks and Recreation ($889 per model less $254 for land donation) $400.00 for Frederick County Fire and Rescue 200.00 50% Premium $600.00 Total for Frederick County Fire and Rescue $145.00 for Public Library $152.00 for Administration Building The per unit monetary proffer for the affordable housing for the elderly provides for: $400.00 for Frederick County Fire and Rescue 400.00 100% premium $800.00 Total for Frederick County Fire and Rescue Should the index as currently published by the U. S. Bureau of Labor Statistics cease to be 10 published then the most nearly comparable index shall be used. Page 7 September 3, 2003 The following is an example of how the adjustment for inflation will be made. Consumer Price Index — all Urban Consumers (Current Series) 1982-84=100 2003 Index (upon approval) estimated 183.00 2005 Index (two years) estimated 225.00 2005 Index 2003 Index X Proffer Amount = Revised Proffer Amount 225 183 X $5,327 = $6,550 5. MATCHING FUNDS FOR TRANSPORTATION ENHANCEMENTS AND/OR HERITAGE TOURISM: In consideration of the approval of rezoning application # 06-03 the Applicant shall contribute $75,000 in matching funds to Frederick County to be utilized for transportation enhancements and/or for the promotion of heritage tourism. The money will be made available to Frederick County within 30 days of receipt of a written request for said funds by the Frederick County Board of Supervisors or their authorized agent. 6. MONETARY CONTRIBUTION TO CLEAR BROOK VOLUNTEER FIRE AND RESCUE, INC: To further mitigate the impact on fire and rescue services, the Applicant will pay to Clear Brook Volunteer Fire and Rescue Inc. the sum of $200,000.00 for its general fund. This is over and above the monetary contributions to Frederick County Fire and Rescue identified in §4 of this proffer statement. This amount will be payable as follows: $50,000.00 to be paid not later than nine months after zoning approval. $50,000.00 to be paid within thirty (30) days of the issuance of the 500th building permit in Stephenson Village but not later than December 31, 2008. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,000th building permit in Stephenson Village but not later than December 31, 2013. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,500th building permit in Stephenson Village but not later than December 31, 2018. • Page 8 September 3, 2003 7. MULTI -MODAL TRANSPORTATION IMPROVEMENTS: A. The following are improvements the Applicant will snake to roads within the Property: (1) Major Collector Road (a) Pursuant to Section 7F (2), 7F (4) and 7F(5) of this proffer statement, the Applicant shall dedicate an 80 foot right of way and construct the Major Collector Road from Old Charles Town Road through Stephenson Village, and the properties currently owned by McCann and Omps to U.S. Route 11 (Martinsburg Pike) in accordance with existing agreements executed between all parties to insure confolinance with the Frederick County Comprehensive Plan. The width and configuration of all travel lanes, medians and other elements of the major collector road shall be provided by the Applicant as determined by VDOT. (b) The Applicant shall provide landscaped areas along, within, and/or adjacent to each side of the Major Collector Road in accordance with § 22-A of this proffer. (c) When the Major Collector Road is finally completed as a four lane divided boulevard, the median will be naturally vegetated with a combination of both woodland conservation areas and grassed areas supplemented with landscape plantings. If approved by the Virginia Department of Transportation (VDOT), all plantings, other than those in woodland conservation areas, will be installed by the Applicant and will have a maintenance agreement between VDOT and the Applicant which will transfer to the Homeowners Association of Stephenson Village (HOA) to cover all mowing, weeding, pruning, plant replacements, and irrigation maintenance responsibilities. Irrigation systems within the right-of-way will be designed as a separate system to allow the portion of the irrigation system falling within the right-of-way to be terininated if necessary without affecting the overall system. (d) The Applicant shall provide bicycle lanes within the Major Collector Road right of way over the property to be rezoned that are four feet in width and are contiguous with the outside travel lanes of the Major Collector Road and are properly marked and signed. (e) The Applicant shall prohibit individual residential and commercial entrances from intersecting Milburn Road (Route 662) and further proffers that the Major Collector Road will be the only road crossing of Milburn Road. 11 Page 9 (2) Interparcel Connections September 3, 2003 The Applicant agrees to provide interparcel connections between land bays within the Property at the time the respective land bays are developed and to the extent reasonably possible. (3) Private Streets Alleys and Common Drives (a) The Applicant shall provide for a gated community entrance for the active adult portion of the overall community and shall serve the active adult community with a complete system of private streets. The cross sectional dimension of pavement thickness and compacted base thickness will meet or exceed the public street pavement section standards utilized by VDOT. (b) Where private alleys are utilized, the Applicant will provide one-way alleys within a sixteen -foot (16') wide easement having twelve feet (12') of pavement with a two foot (2') shoulder on both sides of the pavement throughout the entire community. All private alleys, which intersect other private alleys at 90 degree angles or have turns at 90 degree angles shall provide for a minimum turning radius of 25 feet. Private alleys, intersection, public or private streets, shall provide curb cuts extending two feet beyond the paved edge of the standard alley width. (c) Where private alleys are utilized to serve housing types that front on private streets the Applicant shall provide for a minimum travel aisle width of 24 feet for the private street. The 24 foot travel aisle shall be in addition to on street parking designed for the private street. (d) When Housing Unit Type 4 (courtyard cluster) is developed, the common drive shall meet the following standards: (i) A minimum width of 20 feet (ii) A minimum depth of pavement section shall be a four inch compacted stone base and six inches of concrete or equivalent material. (iii) A "No Parking" sign shall be posted at the entrance to the courtyard. (iv) A fire hydrant shall be provided at the entrance to each corner drive to the courtyard clusters. When common drives are adjacent to or across the street from other courtyard cluster common drives, only one hydrant shall be required. (v) Visitor parking areas will be provided outside of the courtyard cluster common drive area. • Page 10 September 3, 2003 E. The applicant has acquired easements and/or rights of way over the properties currently owned by McCann and Omps for the purpose of dedicating and constructing the Major Collector Road and for improvements along the south side of Old Charles Town Road from Route 11 north to the CSX railroad. The Applicant will acquire any additional rights -of -way and/or easements for all off -site transportation improvements proffered hereinafter. In the event the Applicant is not able to acquire any of the said rights -of -way and/or easements, Frederick County agrees to attempt to acquire such rights -of -way and/or easements by appropriate eminent domain proceedings at the request of Applicant and Applicant shall be responsible for all payments made to property owners for rights -of -way and/or easements so acquired. In the event that neither the Applicant nor Frederick County successfully obtains the required rights -of -way or easements for the offsite transportation improvements as required by the traffic study, the Applicant shall be permitted to continue with the development as proposed without any further requirement of right-of-way or easement acquisition or improvement. C. The Applicant will install full size entrance improvements with right and left turn lanes, in accordance with Virginia Department of Transportation design guidelines, at the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community during the first phase of development. D. The Applicant will execute a signalization agreement with the Virginia Department of Transportation for the intersection of U.S. Route 11 and Old Charles Town Road. Additionally, the Applicant will construct full size entrance improvements with both a right turn lane and left turn lane on Old Charles Town Road, and a right turn lane on U.S. Route 11 at said intersection. These improvements will be installed in accordance with the Virginia Department of Transportation design guidelines when warranted by VDOT. E. The Applicant will execute a signalization agreement with the Virginia Department of Transportation for the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community. The Applicant will provide for the signalization at the intersection of Old Charles Town Road and the Major Collector Road based on the terms of this agreement when warranted by the Virginia Department of Transportation. F. The Applicant will design and construct a four -lane boulevard Major Collector Road for the Stephenson Village Community in substantial conformance with the proffered Generalized Development Plan. The Major Collector Road will be constructed in two phases. The first phase will be a two-lane half section that is constructed from Old Charles Town Road to the limits of the development as depicted on the approved Master Development Plan. This phase of the Major Collector Road will be constructed and bonded in segments in accordance with the approved Subdivision Design Plan for Stephenson Village. The second phase of the Major Collector Road will provide for the ultimate four -lane section with appropriate right and left turn lanes based on the following program: (1) The design of the transportation improvements identified in Sections 7(F)2- 7(F)5 of this proffer statement will begin when 80% of the actual traffic count volume is Page 11 September 3, 2003 realized as identified in each Section. The completion of the improvements specified in each Section will occur within 18 months of initial design. (2) Once actual traffic counts of 7,996 vehicle trips per day have been documented on the Major Collector Road, the Applicant will bond and commence construction of the additional lanes to the existing Major Collector Road to its ultimate four -lane section from Old Charles Town Road to the limits of the Major Collector Road within the development. (3) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a three -lane section of Old Charles Town Road, from the Entrance to Stephenson Village to U.S. Route 11 using the existing bridge. (4) Once the actual traffic count reaches 17,699 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a two lane half section of the Major Collector Road from the limits of the four -lane section to U.S. Route 11 at the Rutherford Farm Industrial Park intersection to include right and left turn lanes on the east side of U.S. Route 11 as determined by VDOT. The Applicant agrees to enter into a signalization agreement with VDOT at the U.S. Route 11/Rutherford Farm Industrial Park intersection if traffic signalization is not otherwise provided at that time. Traffic counters will be installed at the southwestern entrance to Stephenson Village on the property as part of this improvement. (5) Once the actual traffic count at the southwestern entrance to Stephenson Village near the Rutherford's Farm Industrial Park intersection reaches 7,996 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of the remaining additional lanes to the existing Major Collector Road from the limits of the four -lane section to provide for the ultimate four -lane section ending at the east side of U.S. Route 11. G. The Applicant will provide $50,000 that shall be utilized as matching funds by VDOT and/or the County of Frederick for future improvements to the Interstate 81/U.S. Route 11 interchange at Exit 317. This dollar amount is intended to assist VDOT and the County of Frederick with this regional improvement. The $50,000 will be made available to VDOT or to the County of Frederick, within 30 days of written request for said funds by the appropriate party. S. SCHOOL AND BALLFIELD SITES COMMUNITY FACILITIES AND PUBLIC USE AREAS: A. School Site: The Applicant shall dedicate 20 acres of land to the Frederick County School Board for use as a public school site which shall count towards the overall Page 12 September 3, 2003 open space requirement for the development. Said site will occur within the general location identified as Land Bay I on the Generalized Development Plan (Exhibit A), adjacent to Old Charles Town Road, which will allow direct access to the site for citizens living outside of Stephenson Village. The Applicant will allow access for Stephenson Village residents to the site from a local neighborhood street, and will provide access to water and sewer at a point reasonably acceptable to the School Board of Frederick County, Virginia, along the property boundary, at the time the adjacent land bays are developed. The Applicant shall convey said school site not later than six months after it is requested by Frederick County or its designee in writing, at no cost. B. Soccer and Baseball Field Site: (1) The Applicant shall dedicate 24 acres of land to Frederick County or such other entity as Frederick County designates and as more specifically set forth below which, when combined with school ball fields, will be used for 6 soccer fields and 6 baseball fields as shown on the layout for School/Park Site (Exhibit C, graphic for illustrative purposes only), which shall count towards the overall open space requirement for the development. Said site will occur within the general location identified as Land Bay II on the Generalized Development Plan (Exhibit A), adjacent to Old Charles Town Road, which will allow direct access to the site for citizens living outside of Stephenson Village. The Applicant will allow access for Stephenson Village residents to the site from a local neighborhood street and will allow access to water and sewer at a point reasonably acceptable along the property boundary, at the time the adjacent land bays are developed. The Applicant shall convey said soccer and baseball field site, not later than six months after it is requested by.Frederick County or its designee in writing, at no cost. (2) Frederick County at its sole discretion may convey or lease its ownership interest in the soccer and baseball field sites to a corporation; trust or other entity which incorporates the direction of both the public and private sectors to provide recreation opportunities for the public. C. At the time the school and soccer and baseball fields sites are deeded to the County, the Applicant shall provide, at the Applicant's expense, a boundary survey and shall stake the corners of each site. Before Frederick County assigns or conveys any ownership interest in the Property j conveyed herein by the Applicant to any third party, including, but not limited to the School Board of Frederick County, Virginia, the third party will execute an agreement in recordable form which is satisfactory to the applicant which will provide and confirm that said third party agrees to be bound by the provisions of this Proffer Statement, including, but not limited to, provisions governing the use of the Property to be conveyed and also the application of all restrictive covenants governing the use of the Property and the construction of improvements upon it. By executing this Proffer Statement, Frederick County also agrees to be bound to and comply with the same. Page 13 September 3, 2003 D. Notwithstanding the potential uses of the parcels referenced in subparagraphs A and B above, the Frederick County Board of Supervisors shall have flexibility to detemine the specific use located within each land bay dedicated for public use purposes, provided that said uses are one of those listed in subparagraphs A and B. Any other similar types of public uses shall be permitted only with the consent of the Applicant and provided that the use is of an architectural style and uses construction materials that are consistent with the restrictive covenants recorded against the property conveyed. Furthermore, the Frederick County Board of Supervisors agrees that if the public purposes are not constructed or installed, completed and in use on the parcels which are identified in subparagraphs A and B above within ten years of the conveyance from the Applicant, said properties may be purchased by the Applicant for the land value specified in §4 of this proffer statement. The Frederick County Board of Supervisors hereby instructs and empowers its County Administrator to execute such other deeds or documents, which shall be required to effect the terns of this provision. E. The Applicant reserves the right to retain temporary and permanent grading, slope, utility, drainage, storm water management and access easements on all public use parcels which are dedicated to the Frederick County Board of Supervisors or the School Board of Frederick County, Virginia, provided said easements do not preclude reasonable use and development of the property for the intended purpose. 9. RECREATIONAL AMENITIES AND LINEAR PARK: A. Recreational Center The Applicant shall construct one (1) recreation center within the Land Bay identified as Land Bay III as shown on the Generalized Development Plan (Exhibit A), for the use of the residents of the Property and as determined by the Home Owners Association. The Applicant shall have the sole and absolute right to determine within said land bay, where the facility shall be located. The Applicant shall designate the location of the above facility on the Master Development Plan. The recreational center shall include a bathhouse and a 6-lane, 25-meter competition swimming pool. The facility will be fully bonded prior to the issuance of the first building permit. Work on this facility shall commence prior to the issuance of the 250" non -age restricted building permit and be completed prior to issuance of the 800`h building permit for the non -age restricted housing products. B. Active Adult Recreational Center The Applicant shall construct one (1) recreation center within one of the Land Bays identified as shown on the Generalized Development Plan, for the private use of the residents of the Active Adult Community. This facility will be fully bonded prior to the issuance of the first building permit in the Active Adult Community. Work on this facility shall commence prior to the issuance of the 150th building permit and be completed prior to issuance of the 350th building permit in the Active Adult Community. 0 Page 14 September 3, 2003 C. Pedestrian Trail Sidewalk System The Applicant shall construct a pedestrian trail or sidewalk system, which connects each recreation area to the surrounding neighborhood. The final location and the granting of any such easements and/or trails shall be at the subdivision design plan stage. Such trails or sidewalk system shall be constructed of stone dust or wood chips or such other materials selected by the Applicant provided they are not part of the sidewalk system within the public right-of-way. D. Linear Park Trail A twenty -foot (20') wide trail easement shall be dedicated to Frederick County Parks and Recreation. The location is to be determined by the Applicant and a trail system plan shall be submitted by the Applicant for evaluation by the Frederick County Parks and Recreation Department. The trail shall be provided within the Hiatt Run Corridor and run the length of said corridor on the subject property for 3,800 +/- linear feet as shown on the proffered General Development Plan (Exhibit A). The Applicant shall convey said easement after development of adjoining parcels, or reasonable access is provided, and not later than six months after it is requested by Frederick County Parks and Recreation in writing at no cost to Frederick County or Frederick County Parks and Recreation. Any area so dedicated shall be included in the calculation of required open space, and shall entitle the Applicant to recreational credit units for the value of the construction of the trail and dedicated land. Is The Applicant reserves the right to retain temporary and permanent grading, utility, sewer force main, slope, storm water management, construction and drainage easements within said dedicated area, although only temporary easements shall be retained as needed for the construction by the Applicant of the six-foot wide asphalt or concrete trail described herein. The asphalt or concrete trail at the discretion of the Frederick County Parks and Recreation Department may be changed to other surface materials in an effort to promote low impact development techniques. Construction of said trail by the Applicant is contingent upon the proposed trail being allowed by all applicable County and State ordinances, and limitations due to terrain and constructability considerations. In the event that the public linear park trail is unable to be constructed due to County or State ordinances, the Applicant shall develop the linear park trail as a private trail system for the use of the residents of Stephenson Village. This private linear park trail shall count towards the open space and recreational amenities requirements for Stephenson Village and will be constructed of similar materials and standards identified in section 9C of this proffer statement. 10. ACTIVE ADULT AGE -RESTRICTED HOUSING A. Applicant agrees that the following language shall be included in the deeds conveying real property designated as age -restricted housing on that portion of the property. At least eighty percent (80%) of the occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and within such units the following conditions shall apply: Page 15 September 3, 2003 (1) All other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. Notwithstanding this limitation, a person hired to provide live-in, long term or terminal health care of a person who is fifty-five (55) years of age or older for compensation shall also occupy a dwelling during any time such person is actually providing such care. (2) Guests under the age of fifty-five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. (3) If title to any lot or unit shall become vested in any person under the age of fifty-five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or reversion of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty-five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. B. A maximum of twenty percent (20%) of the occupied age -restricted residential units shall be allowed to be occupied by at least one person fifty (50) years of age or older and within such units the following conditions shall apply: (1) All other residents must reside with a person who is fifty (50) years of age or older, be a spouse, a cohabitant, an occupant's child eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty (50) years of age or older. Notwithstanding this limitation, a person hired to provide live-in, long term or terminal health care to a person who is fifty (50) years of age or older for compensation shall also occupy a dwelling during any time such person is actually providing such care. (2) Guests under the age of fifty (50) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. (3) If title to any lot or unit shall become vested in any person under the age of fifty (50) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenant shall not work a forfeiture or reversion of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty (50) or otherwise satisfied the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. Page 16 September 3, 2003 (4) The above -described use restrictions shall be amended from time to time in ,accordance with applicable local and state regulations governing age restricted housing and the Federal Fair Housing Act so long as the substantive intent as set forth herein is maintained. In no event shall the minimum age of residents be less than the ages set forth hereinabove. C. Applicant agrees that the language in this Section or such other language as may be necessary to comply with the requirements to qualify as Housing for Older Persons under the Federal Fair Housing Act and the Fair Housing Act of Virginia shall be included in the deeds conveying real property designated as age -restricted on that portion of the property. 11. AFFORDABLE HOUSING FOR THE ELDERLY: Subject to the provisions of this proffer statement, the Applicant will develop and build apartment units to provide much needed affordable housing for the elderly. The Applicant will comply with the necessary requirements to qualify these apartment units for the "Housing for Older Persons" exception to familial status discrimination as allowed under the Federal Fair Housing Act and the Fair Housing Act of Virginia. The construction of these apartment units will begin after at least 50 percent of the retail space has been developed, provided that the approval of appropriate is federal and state housing authorities is obtained, and the project qualifies for the Multi -Family Loan Program and the Low Income Housing Tax Credit Program or equivalent. In the event that funding for the affordable housing for the elderly is not obtained, the Applicant proffers to reapportion those units to the active adult community housing units. 12. PRESERVATION OF HISTORICAL AND CULTURAL RESOURCES: A. Byers house: The Byers house will be preserved as deemed appropriate by the Applicant. B. Cemeteries: Prior to commencement of any earth disturbing activity in any section of the Property, the applicant shall mark and identify any cemeteries which may be located there. In the event any onsite cemeteries are found, the applicant shall preserve those cemeteries in accordance with all County and State regulations. 13. COMMERCIAL CENTER: The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center that will be developed at a time to be determined by Applicant. Within the commercial center development, the following shall be provided: A. The Applicant shall provide for all turn lanes and traffic signalization on the Major Collector Road serving the commercial center as warranted by VDOT. The Page 17 September 3, 2003 Applicant shall conduct traffic impact analysis studies for each commercial site plan submitted to Frederick County that will be reviewed and approved by VDOT to determine when these improvements are warranted. A traffic signalization agreement will be executed with VDOT by the Applicant to ensure that commercial uses developed prior to the warrants for traffic signalization contribute their pro-rata share for this improvement. B. The Applicant shall record architectural and design restrictive covenants for the commercial center and shall submit a copy to the Frederick County Planning Director and the Frederick County Building Official with the first site plan within the commercial center. Said covenants shall provide for the establishment of an architectural review board for the purpose of review and approval of all architectural elevations and signage for all commercial uses to assure a continuity of overall architectural appearances within the entire commercial development. C. The Applicant shall ensure that all commercial site plans submitted to Frederick County for the commercial center are designed to implement best management practices (BMP) to promote storm water quality measures. A statement will be provided on each commercial site plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. D. The areas within the commercial center that are not required to be graded or cleared for the implementation of all approved site plans will remain undisturbed. One-way travel aisles will be utilized where practical to reduce the impervious areas of parking lots within the commercial center. E. The Applicant shall provide for a maximum of 250,000 square feet of commercial land use in Stephenson Village. The majority of the commercial land use will be located within the commercial center identified on the Generalized Development Plan (Exhibit). The development of smaller areas of commercial land use will be allowed in other areas of Stephenson Village. These commercial land use areas will be provided on the detailed Master Development Plan associated with the development of Stephenson Village. F. The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center. The development of 60,000 square feet of commercial space will begin within the commercial center no later than the issuance of the 1,200`h non -age restricted residential building permit with completion of this commercial space within 18 months. The Applicant will be allowed to extend the commencement of commercial construction for an additional two year period if any one of the following circumstances has occurred: An elementary school has not been constructed on the Property; or a building permit is obtained for the development of a new grocery store within a three mile radius of commercial center within Stephenson Village. 0 Page 18 September 3, 2003 14. RENT FREE COUNTY OFFICE SPACE: The Applicant shall provide up to 2,500 square feet of shell space for a 10 year period rent free exclusive of utility and common area maintenance (CAM) charges in the commercial center for the location of a Public Service Satellite Facility for Frederick County. The shell space shall be made available and commence upon the completion of the base building in which the space is located. Frederick County must complete build out and occupy the space within two (2) years of the completion of the base building. If Frederick County fails to build out and occupy the space within the two (2) year period then the space will revert to the Applicant. 15. COMMUNITY DESIGN FOR A STRONG SENSE OF PLACE: A. Design The Applicant agrees to provide an overall continuity of design within the community by means of selecting standards for the following elements, which will be uniformly specified and applied over the entire project: o Custom fixture street lighting program. o Custom mailbox design o Standardized common area fencing style and color o Standardized private residential fencing styles and color o Community color selections to create neighborhood theme • Uniform site furnishing selection (benches and trash receptacles) o Custom designed street signage and stop signage o Landscaping at the entrance monuments, along the collector road buffers and within the* medians selected to provide for a repetition of the neighborhood flower color scheme and theme trees throughout the community The Applicant agrees to utilize innovative design techniques and quality design for the recreational center and bathhouse, common area landscaping, site design, and architectural design. B. Architecture (1) The architectural styling of Housing Unit Types 1 through 4 shall be constructed in accordance with the Housing Unit Types Exhibit(s) proffered herein. Housing Unit Types 5 and 6 shall be compatible with Housing Unit Types 1 through 4. (2) Access to garages by the use of alleys shall be allowed on Housing Unit Types 1 (Carriage House), 3 (Cottage House), 5 (Modified Single -Family Small Lot, and 6 (Modified Townhouse). Page 19 September 3, 2003 (3) Specific architectural elements that are allowed on Housing Unit Types, to include Housing Unit Types 5 and 6 shall include, but are not limited to, the use of peaked roofs, gables, chimneys, balconies or decks, porches and/or garages. C. Housing Unit Type 3 (Cottage House) and Unit Type 4 (Courtyard Cluster) (1) Decks and Patios All deck planks shall be Class I (A) fire rated composite lumber or approved equal of a standardized color to be selected by the Applicant. A maximum of two styles of deck railing shall be used on all decks and shall be made of the same composite lumber and the same matching color selection. (2) Fire Protection System Courtyard Cluster and Cottage houses will have a 13-D sprinkler system in the home and the garages. • D. Lighting Any exterior lighting of individual homes or common use recreation areas shall be directed downward and inward on the site to reduce glare on adjacent properties, the public and/or private right-of-way, and upward stray illumination. E. Architectural and Design Covenants Stephenson Associates, L.C. shall develop architectural and design covenants for the overall community. Said covenants will establish an architectural review board for the purpose of review and approval of all architectural elevations, exterior architectural features (fences, railings, walls and decks) for all uses within Stephenson Village, as well as any publicly provided structures located on sites dedicated for public use. These covenants are intended to assure a continuity of overall architectural appearance, quality material selection, and a cohesive color palate for all structures within the entire development. 16. ENVIRONMENTAL FEATURES AND HABITAT PRESERVATION: A. Environmental Features and Easements: (1) Significant wildlife habitats shall be identified and preserved by the Applicant with technical assistance from the Virginia Department of Game and Inland Fisheries (VDGIF). Wildlife or bird habitats shall be further Page 20 September 3, 2003 enhanced by providing native plantings selected to encourage feeding areas while reestablishing forest in and around environmentally sensitive areas. (2) The Applicant shall limit the clearing and grading on each lot to the area needed for structures, utilities, access and fire protection to maximize tree save areas. (3) Unbuildable wetlands, unbuildable floodplains, and unbuildable steep slopes shall be designated and shall be subject to the following: (a) Grading: Protection of steeply sloped areas will be provided by the Applicant as follows: clearing and grading will not occur on any slopes of twenty five percent (25%) or greater, except for trails, road crossings, utilities, drainage and storm water management facilities. (b) Floodplain Areas: Development within floodplain areas shall be limited to the public Linear Park Trail system to include the trail, pedestrian bridges, benches and signage. • (c) Buffers and Conservation Easements: (i) Buffer and Conservation Easements: A one -hundred foot (100� wide nondisturbance buffer shall be provided outside of any platted lot immediately adjacent to Hiatt Run and the Wetlands Intermittent Ravine Channel. (ii) Conservation Easements/Floodplain: A twenty -foot (20) wide buffer shall be provided outside of any platted lot immediately adjacent to the 100-year floodplain. The ten feet (10� adjacent to the floodplain shall be undisturbed. The ten feet (10) adjacent to the lots maybe disturbed and, if disturbed, shall be re -vegetated by planting trees equal to the number of trees in excess of six inches (6") caliper removed by the disturbance, OR at the rate of 50 (2" caliper) trees per acre of disturbance, at the option of the Applicant. (iii) The above disturbed and undisturbed buffers as well as conservation easements not located within a platted lot and/or parcel shall be part of the common. areas owned by the Homeowners Association(s). Covenants to be created as part of the Homeowners Association(s) documents shall provide for maintenance of said areas by the Homeowners Association(s). (4) Resource protection areas are identified for the Hiatt Run Corridor and the Wetlands Intermittent Ravine Channel that are further identified on the Generalized Development Plan. These resource protection areas contain various environmental features and provide different resource management plans for their treatment and protection by the Applicant. • Page 21 September 3, 2003 B. Hiatt Run Corridor: (1) The Hiatt Run Corridor shall be considered a resource protection area. Clearing and grading by individual lot owners is prohibited within this zone. (2) A one -hundred foot (100') foot non -disturbance buffer shall be provided outside of any platted lot adjacent to the Hiatt Run Corridor and shall serve as the clearing limit for all lots that border the Hiatt Run Corridor as measured from the center line of the stream. 4 (3) A minimum buffer of twenty feet (20') shall border all wetland preservation areas. Clearing and grading by individual owners is prohibited within this buffer. (4) Native plants and cluster trees will be preserved and/or reforested in accordance with the Forest Management Plan along the south side of the Hiatt Run Corridor. (5) Wildlife or bird habitats will be further enhanced by providing native Splantings selected to encourage feeding areas while reestablishing forest in and around environmentally sensitive areas including steep slopes, woodlands and flood plain areas along the north side of the Hiatt Run Corridor. The planting plan along the north side of the Hiatt Run Corridor will be created with technical assistance from VDGIF and the Lord Fairfax Soil and Water Conservation District. C. Wetlands Intermittent Ravine Channel: The Wetlands Intermittent Ravine Channel shall be considered a resource protection area. Restrictive covenants recorded against the property will provide that clearing and grading by individual lot owners is prohibited within this zone. The Wetlands Intermittent Ravine Channel will be further enhanced, by providing native plantings, to establish an upland buffer. The planting plan for this upland buffer will be created with technical assistance from VDGIF and the Lord Fairfax Soil and Water Conservation District. D. Forest Management Plan: (1) The Forest Stewardship and Management Plan will be created with technical assistance from the Department of Forestry. Native plants and cluster trees will be preserved and/or reforested in accordance with the Forest Management Plan. Page 22 September 3, 2003 (2) Existing ponds will be identified and, if beneficial and appropriate, shall be used as storm water management facilities. In addition, the Applicant shall establish additional ponds on the site wherever possible and in such locations as the Applicant directs. The ponds shall be located and designed to promote water infiltration on the site. A minimum area of twenty feet (20') wide surrounding each such pond shall be developed as a park setting. (3) The Forest Management Plan will be created with technical assistance from the Department of Forestry. E. Environmental Utility / Road Impacts: Construction of utilities, roads, trails, bio-retention areas, or wetlands creation shall be allowed within the environmental features listed in § 16A-§ 16D of this proffer statement. Any construction of the above listed items will use low impact construction methods such as 90-degree crossings, minimal soil, and tree disturbances. When linear utility impacts such as force mains or transmission lines are required low impact construction techniques will be utilized. F. Implementation of Enhancements and Amendments • The Applicant shall provide the location of the resource protection areas as a component of the Master Development Plan. Information pertaining to proposed enhancements and amendments to the resource protection areas shall be included as narratives of the Master Development Plan to ensure that these treatment measures will be implemented. 17. COMMUNITY CURBSIDE TRASH COLLECTION: A. The Applicant shall see that the properties within Stephenson Village shall be serviced by a commercial trash pickup and waste removal service. Said service shall provide curbside trash removal unless otherwise provided by Frederick County, for all residential uses and dumpster disposal for all high -density residential uses and commercial uses. Waste and trash removal services shall not dispose of trash and waste at any Frederick County Citizen Convenience Center. The Applicant shall be. relieved of its obligations to see to the performance of this Proffer by assigning all of its obligations to a Homeowners Association for any portion or all of the development. B. Notwithstanding the above, Applicant shall locate dumpster sites as unobtrusively as possible. The area immediately surrounding each dumpster site shall be planted with vegetation similar to or identical to that planted in the median open vegetated areas, including, but not limited to, deciduous trees and evergreen shrubbery in addition to the required fence and gate enclosure. E Page 23 September 3, 2003 18. WATER AND SEWER IMPROVEMENTS IN THE STEPHENSON AREA: A. The Applicant shall dedicate land to be utilized for the location of a regional pump station as determined by the Frederick County Sanitation Authority (FCSA) in an area that is mutually agreed upon by both parties. B. The Applicant shall construct a pump station in conformance with the Frederick County Sanitation Authority Route 11 North Sewer and Water Service Area Plan as required to serve the Property and shall dedicate the pump station to the Frederick County Sanitation Authority (FCSA) for operation and maintenance. The pump station shall be constructed and operational prior to the first occupancy permit in Stephenson Village. C. The Applicant shall construct water and sewer lines in conformance with the Frederick County Sanitation Authority Route 11 North Sewer and Water Service Area Plan as required to serve all private land uses within Stephenson Village and shall dedicate the applicable water and sewer lines to FCSA for operation and maintenance. Furthermore, the applicant shall provide water and sewer lines of adequate size to the property line for all publicly dedicated properties. • 19. COMPREHENSIVE PLAN CONFORMITY: By accepting and approving this rezoning application, the Frederick County Board of Supervisors authorizes the location and provision of those public uses and facilities specifically referenced on the Generalized Development Plan, in this Proffer Statement, and the extension and construction of water and sewer lines and facilities and roads necessary to serve this Property pursuant to the Virginia Code Section 15.2-2232 and the Frederick County Code. The general area of location for these uses and facilities are as shown on the Generalized Development Plan with the exact locations to be determined based on final engineering and as approved by Frederick County. Acceptance of this Proffer Statement constitutes approval of the public uses and facilities and their general locations and thereby accepts said uses and facilities from further Comprehensive Plan conformity review. 20. CREATION OF HOMEOWNERS ASSOCIATION(S): A. Creation of Association(s) A homeowners association or more than one homeowners association ("HOA") shall be created and shall be made responsible for the review and approval of all construction within the development to insure that all design standards for the Stephenson Village Development are satisfied and for the maintenance and repair of all common areas, together with such other responsibilities, • duties and powers as are customary for such associations or as may shall be required for such HOA herein. • Page 24 September 3, 2003 B. Additional Responsibility In addition to such other responsibilities and duties as shall be assigned; the HOA shall have title to and/or responsibility for: (1) All common open space including storm water facilities areas not otherwise dedicated to public use or maintained by commercial entities. (2) Common buffer areas located outside of residential lots. (3) Residential curbside trash collection. 21. PROFFERED HOUSING TYPES: The following plan(s), exhibit(s) and Housing Unit Types are proffered herein. Each may be altered at the time of final engineering and equivalent Housing Unit Types may be substituted with the approval of the Director of Planning or his/her designee. Any existing or future Housing Unit Type, which is permitted under the R4 Residential Planned Community District, may also be utilized. •Housing Unit Types Exhibit(s) prepared by The Land Planning and Design Group, Inc. dated December 2002, listed below and attached hereto as Exhibit B (graphic for illustrative purposes only). The minimum design standards for the following housing types are summarized and listed on the attached chart prepared by Land Planning and Design Group, Inc., dated March 2003 and referred to as Exhibit E — Minimum Design Standards. "Housing Unit Type 1" (Carriage House): Carriage House Illustrative Carriage House Typical Carriage House Landscape Typical "Housing Unit Type 2" (Non -Alley Carriage House): Non -Alley Carriage House Illustrative Non -Alley Carriage House Typical Non -Alley Carriage House Landscape Typical "Housing Unit Type 3" (Cottage House): • Cottage House Illustrative Cottage House Typical Cottage House Landscape Typical • Page 25 September 3, 2003 "Housing Unit Type 4" (Courtyard Cluster): Courtyard Cluster Illustrative Courtyard Cluster Typical Courtyard Cluster Landscape Typical "Housing Unit Type 5" (Modified Single Family Detached Lot): Modified Single Family Detached Lot Typical "Housing Unit Type 6" (Modified "Townhouse" Attached Dwelling): Modified "Townhouse" Attached Dwelling Typical "Housing Unit Type 7" (Elderly Housing Dwelling): Elderly Housing Dwelling Specifications Elderly Housing Dwelling Illustrative Elderly Housing Dwelling Specifications and Illustrative Design provided in Community Design Modifications Document Other housing types shall be added, if approved, by Frederick County. 22. STREETSCAPE DESIGN AND LANDSCAPING: A. The Applicant shall provide landscaped areas on both sides of the Major Collector Road as illustrated on the attached Exhibit D (Typical Major Collector Road Section) dated March 2003 and in accordance with the following: (1) The landscaped area described above is designed to be a scenic urban linear park, which shall contain woodland conservation areas. (For purposes of this Proffer, a woodland conservation area shall be defined as an area designated for the purpose of retaining land areas predominantly in their natural, scenic, open or wooded condition.)The woodland conservation area shall have a varying width of no less than fifteen feet. Woodland conservation areas shall be provided where feasible based upon final engineering and design of the development. The Applicant shall provide, within the landscaped area, a mixture of deciduous and evergreen trees, to include native types of trees • originally found in this area and replacing any trees removed during development. Such trees shall be planted at the minimum rate of one tree every 40 linear feet along the roadway frontage and shall be planted in clusters rather than a linear pattern. 0 Page 26 September 3, 2003 (2) The minimum planting standard for street landscaping or landscaped areas/woodland conservation areas shall be a mixture of deciduous trees, ornamental trees, evergreen trees, and shrubbery. At the Applicants option, trees and shrubs shall be planted in clusters and shall be planted at an equivalent rate of ten plant units per 40 linear feet of collector street roadway frontage. The plant unit credits are determined as follows: Shade Trees (2" min. caliper) = 10 plant units, Ornamental trees (1.5" minimum caliper) = 5 plant units, Evergreen trees (6' min. height) = 5 plant units, Shrubs (18" minimum height) = 2 plant units. B. The Applicant shall have the option of utilizing landscaped central islands within cul- de-sacs. When landscaped islands are utilized a twenty-eight foot (28') foot paved area shall be provided to accommodate on -street parking and travel aisles. C. Where conditions permit, vegetated open channels shall be used in street right-of- ways for storm water runoff, instead of curb and guttering. D. To the extent possible, stone fines or wood chip trails/paths shall be used instead of asphalt trails/paths. Where practical, such trails/paths shall be located on only one side of each interior road provided sidewalks are not required or practical within the adjacent road right-of-way. 23. COMMUNITY SIGNAGE PROGRAM: A. The Applicant reserves the right to construct community entry features including a monument style sign at the entrances to the development in accordance with the following parameters: Such signage shall not exceed two signs per intersection, one occurring on either side of the entrance. The sign panel area shall not exceed 65 square feet per sign, and shall be attached to a wall not to exceed 8 feet in height, excluding piers, which shall be 9.25 feet in height. The wall supporting the signage will not be included in the allowable square footage for the sign panel. B. The Applicant reserves the right to construct neighborhood entry features including a monument style sign at the entrance to each neighborhood in accordance with the following parameters: Such signage shall not exceed two signs per intersection one occurring on either side of the entrance. The sign panel area shall not exceed 40 square feet per sign, and shall be attached to a wall not to exceed 7 feet in height, excluding piers, which shall be 8.25 feet in height. The wall supporting the signage will not be included in the allowable square footage for the sign panel. C. Commercial freestanding business signs shall be monument style with similar design and materials as the community entry feature signs. These commercial freestanding business signs • shall be no more than 20' in height measured from the base and shall be spaced a minimum of 100 feet apart. 0 Page 27 0 0 SIGNATURE PAGE September 3, 2003 The conditions set forth herein are the proffers for Stephenson Village and supercede all previous proffer statements submitted for this Development. Respectfully submitted, Stephenson Ass o iates, L.C. f� By: , ame: J. Donald Shockey, Jr. Title: Manager Subscribed and sworn before me this 8th day of Sept. , 2003. Susan D. Stahl (Typed Name of Notary) My Commission Expires: 4-30- 2004 Notary Pub is • Page 28 SIGNATURE PAGE 0 September 3, 2003 ACCEPTED BY THE COUNTY OF FREDERICK Name: Title: Subscribed and sworn before me this day of , 2003. Notary Public (Typed Name of Notary) My Commission Expires: REVIEWED AND ACCEPTED BY THE FREDERICK COUNTY ATTORNEY Name: Title: Subscribed and sworn before me this day of )2003. (Typed Name of Notary) My Commission Expires: 0 Notary Public RTE., 33 38. 3.5 +/- ACRES AREA NOT TO BE REZONED i00 00 No _ GDPLEGEND IIIIIIIII MAJOR COLLECTOR ROAD 4 INTER PARCEL CONNECTIONS r_I: - MMM HIATT RUN >:L MAJOR COLLECTOR ROAD NOTE: THIS GENERALIZED DEVELOPMENT PLAN IS CONCEPTUAL AND FOR ILLUSTRATIVE PURPOSES ONLY. THE FINAL LOCATION OR ORIENTATION OF THE INDIVIDUAL LANDBAYS AND/OR THEIR �U�J ASSOCIATED COMPONENTS MAY BE SLIGHTLY ALTERED TO O REFLECT MORE ACCURATE ENGINEERING. Lic�fr 4 COMMUNITY RECREATION CENT i OPEN SPACE HIATT RUN CORRIDOR ACTIVE ADULT — RECREATION CENTER IV 0 ;/ WETLANDS ' INTERMEDIATE RAVINE CHANNEL LINEAR PARK TRAIL � Coo WATT RUN M LAND BAST BREAKDOWN V LAND LAND USE ACREAGE % RANGE OF BAY HOUSING UNIT TYPES MIN. MAX. 1 ELEM. SCHOOL 20 Ac. +/— NA NA 11 COMMUNITY PARK 24 Ac. +/— NA NA (6 baseball fields & 6 soccer fields) 111 MIXED RESIDENTIAL: 475 Ac. +/— ONVENIENCE COMMERCIAL/DAYCARE 7 Ac.+/— NA NA FD (Housing Unit Type 1,2,4,5, RP District SFD & Active Adult) 30 53 OWNHOUSE (Housing Unit Type 6 & RP District Townhouses) 10 30 ULTIFAMILY: 7 30 Condominiums, Elderly Housing, Housing Unit Type —Cottage House & RP District Duplex, Multiplex, trium, Garden Apartment & Active Adult IV ACTIVE ADULT: 126 Ac.+/— 30 53 FD (Housing Unit Type 1,2, & 5) ultifamily (Condominiums, Elderly Housing, Housing nit Type 3—Cottage House) V COMMERCIAL CENTER (Retail, Office & Public Service Satellite Facility) C. t — NA NA SEE NOTES ADDRESSING ABOVE CHART IN PROFFER 3. USES, DENSITY & M'.X OF HOUSING TYPES A. (2) (1-4) o o n 0 � h N 3 W O W_ I- N I� t(1 In 2 19 T W Y O o 3: U_ m m o ¢ o W W m o LL Z Z z Z _ �zU)D = go°U - �CtscDz w F a U E-z W ~ o �> > Z�� w �O A w Zw�x a� d LTA qW Q w F-� W O [_, CJ C!l DATE: SEPT 3, 2003 SCALE: 1 "=1000' DESIGNED BY:MDS/JNT JOB NO. 2760C SHEET 1 OF 1 ( 41'�I'�i h(�i�: l i(1)t �i�: �.� �i��.,r,1�� r�] • NOTE: FOR ILLUSTRATIVE PURPOSES ONLY OPTIONAL PORCH SHOWN STEPHENSON VILLAGE CARRIAGE HOUSE ILLUSTRATIVE Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP. INC. • CJ S'T R-EE T" I STANDARDS: Living Space (min.) Decks (min.) CIM Z O 1400 square feet Side yard setback: 5'-0" interior lot line Side yard setback: 10'-0" corner lot perimeter lot line Rear yard setback: 15'-0" *decks must be located in rear yards and shall not be erected forward of the rear plane of a dwelling unit STENIENSON VILLAGE CARRIAGE HOUSE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. Front Facade *porches, stoops, and steps may extend 6'-0" into front yard setback • 0 NOTE: FOR ILLUSTRATIVE PURPOSES ONLY OPTIONAL FENCE SHOWN STr-E�CT STEPHENSON VILLAGE • CARRIAGE HOUSE LANDSCAPE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. • (3 sheets) • A • NOTE: FOR ILLUSTRATIVE PURPOSES ONLY OPTIONAL PORCH SHOWN STEPHENSON VILLAGE CARRIAGE HOUSE ILLUSTRATIVE Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. 0 47 � 1''Plf�• STREET STANDARDS: Living Space (min.) Decks (min.) 41A. Z L N 1400 square feet Side yard setback: 5'-0" interior lot lines Side yard setback: 10'-0" corner lot perimeter lot line Rear yard setback: 3'-0" *decks must be located in rear yards and shall not be erected forward of the rear plane of a dwelling unit STEPHENSON VILLAGE NON —ALLEY CARRIAGE HOUSE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. Front Facade *porches, stoops, and steps may extend 6'-0" into front yard setbacks • I'At-1-pv ­riaEF. wn NOTE: FOR ILLUSTRATIVE PURPOSES ONLY OPTIONAL PORCH SHOWN OPTIONAL FENCE SHOWN STEPHENSON VILLAGE NON -ALLEY CARRIAGE HOUSE LANDSCAPE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. ST p e E-' III(DUSR ` G UNHT TYPE 3 ( (1> lml,.4(,I I1(1>l �1: NOTE: FOR ILLUSTRATIVE PURPOSES ONLY OPTIONAL PORCH SHOWN OPTIONAL FENCE SHOWN STEPHENSON VILLAGE COTTAGE HOUSE ILLUSTRATIVE Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. • 4• slit F N. top- C09NEZ LOTS STILT 4' Hig. 1 1 A"" 5' MIN. STANDARDS: Lot Width(min.) Living Space (min.) Decks (min.) Front Facade 34'-0" 1400 square feet Side yard: 5'-0" interior unit *porches, stoops, Side yard: 10!-0" end/corner unit and steps may Rear yard: 5'-0" extend 6'-0" into *decks must be located in rear yards front yard setback and shall not be erected forward of the rear plane of a dwelling unit STEPHENSON VILLAGE COTTAGE HOUSE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP. INC. 17A AL,LEY NOTE: FOR ILLUSTRATIVE PURPOSES ONLY STEPHENSON VILLAGE isCOTTAGE HOUSE LANDSCAPE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. (3 sheets) • NOTE: FOR ILLUSTRATIVE PURPOSES ONLY • STEPHENSON VILLAGE OfCOURTYARD CLUSTER ILLUSTRATIVE Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. • Courtyard Clusters Typical This housing type consists of single-family dwellings combined to form a multi -family cluster of units. The cluster creates a private parking court, therefore removing garages from the main travel ways. No fewer than two and no more than seven units shall be combined in any courtyard cluster. Each unit has direct access to a private yard. A fence or fence and wall combination shall be located between units to enclose the courtyard. Each unit shall have at least one 3' gate providing access to the rear yard from the courtyard. The following table specifies the minimum standards for this Courtyard Cluster house type. Minimum Area Per Unit: 2,000 sq. ftJdwelling unit Minimum Setbacks: To garage from street or common driveway: 19 & To dwelling from street: 18 ft. Distance between units: 10 ft. To dwelling from common driveway: 3 ft. To dwelling from interior lot line: 3 ft. To dwelling from perimeter property line: 10 ft. To deck and/or patio from interior lot line: 5 ft. To deck and/or patio from perimeter property line: 6 ft. Maximum Building Height: 35 fL 139' 1a )eny Line ne 1r STEPHENSON VILLAGE • COURTYARD CLUSTER TYPICAL Scale: NTS December 2002 THE LAND PLANNING a DESIGN GROUP, INC. qF ro �l v -F I � int 6 immolb- I'mou"M ; 12 Cams. i:iia. on .1irrsrr • ul HOUMNG UI` ffT TYPE 5 MOMIK ED Ill` GLE-IFAI` MY SMALL LOT (n sheet) iModffledl snngRe-ff R&Ry �maRR Rot. Single-family small lot housing shall be a single-family detached or attached residence on an individual lot. No more than two units may be attached together. (1) Dimensional requirements shall be as follows: (a) Minimum lot size: 3,750 square feet (b) Off-street parking spaces: 2 (c) Setback from state road: 20 feet (d) Setback from private road: 20 feet (e) Rear yard: 15 feet (f) Side yard: Zero lot line option may be used with this housing type. If chosen, the minimum side yard shall be 10 feet for that yard opposite the zero lot line side. If not chosen, the minimum side yard shall be five feet on both sides. (g) When the attached option for the single-family small lot housing unit is chosen, the minimum building spacing requirement shall be 10 feet. (h) Supplementary setbacks: [1] With the single-family small lot housing type, decks may extend five feet into rear yard setback areas. [2] Where single-family small lot housing abuts open space, decks may extend up to 12 feet into rear yard setback areas. [3] Front porches, stoops and steps may extend 12 feet into front yard setback areas. (2) Maximum building heights shall not exceed 35 feet in height. (3) Detached accessory buildings may be permitted, not to exceed 20 feet in height, will adhere to the same side yard setbacks as the house, and will have the same rear yard setback as a deck. 0 • • l i (I) l l (► l oil n(1>ll)lisil-;il 1 i �l Mofflffned townhouse. The "townhouse" is a single-family attached dwelling with one dwelling unit from ground to roof, having individual outside access. Rows of attached dwellings shall not exceed 10 units and shall average no more than eight dwellings per structure. (1) Dimensional requirements shall be as follows: minhnum Average Off -Street MiMmu m Lot Area Lot Area ParRdng Lot WM th (square feet) (square feet) Spaces (feet) 1200 1300 2.00 16 1400 1500 2.25 18 1600 1700 2.50 20 or larger (2) Minimum yards shall be as follows: (a) Front setbacks: [1] 20 feet from road right-of-way for front loaded garage townhouses [2] 20 feet from parking area, private street, or driveway for front loaded townhouses [3] 10 feet for rear loaded or rear loaded detached garage townhouses [4] 10 feet for non garage townhouses with offstreet parking f • (b) Side: 10 feet from lot line (end unit) (c) Rear: 20 feet from lot Pule (3) Minimum on -site building spacuig: (a) Side: 25' between adjacent end units (b) Rear: 50' from rear building plane to adjacent rear building, plane (4) Maximum building height shall be as follows: (a) Principle building: 35 feet (b) Accessory buildings: 20 feet (5) Minimum yard setbacks for garages (a) Side: 10 feet from lot line (end unit) for detached garage option (b) Side: 0 feet from interior lot line for detached garage option (c) Rear: 5 feet from lot line for detached garage option (6) Supplementary setbacks: (a) With the modified townhouse housuig type, decks may extend 15 feet into rear yard setback areas. (b) Where modified townhouse abuts open space, decks may extend up to 15 feet into rear yard setback areas. (c) Front porches, stoops and steps may extend 6 feet into a 10 foot front yard isetback and 12 feet into a 20 foot front yard setback. • .1. 1" 1(� A l .. A, ► (1> 1'2 ((1> 1. I.1 . (� 1 (1) i'Z 1'Z (1) .All) � 1 : ( 1 1(1) 0 IU • • cs Z 02 � co CQ :p Z d m mm Z cQ RTE.761 OLD CHARLES �O cQ --- - ACCESS ROAD -�� ACCESS ROAD l �� a. 0 0 _ U t1 a�n cc cs H I i j JR. SOCCER FIELDS PAVED PARKING TYPICAL oqo0 o 4 ' 'go CC &BIAI F ELDS SOCCER FIELDS %�RF/F o ° L GON X Fw_- N a) 0) U a)m � O w i 1 I SCHOOL %� U O O cr LL tL U O 5 �J Qb rr ��� r � � i � ' Z a w _-----__..-- In Z Z PAVILLION �.� �...� -_J ` Z z D z Ld z W 0 5 OVERFLOW PARKING TYPICAL 10 U o I=-0-dS0z � SERVICEIEMERGENCY ACCESS ROAD MAJOR COL rOR R OAD W 019 w H x E-z 00 '�— Z 9 016~U o O��o x w W W E-+ Q yU ra1 O G�Tl DATE: MARCH 2O03 SCALE: 1 "=125' NOTE : THIS LAYOUT FOR THE SCHOOL/PARK SITE IS CONCEPTUAL AND FOR IIIUSTRATIVB PURPOSES ONLY. THE FINAL LOCATION OR ORIENTATION OF THE DESIGNED BY: MPR 70B NO. 2780C INDIVIDUAL LANDBAYS AND/OR THEIR ASSOCIATED COMPONENTS MAY BE SLIGHTLY ALTERED TO REFLECT MORE ACCURATE ENGINEERING. SHEET 1 OF 1 0 0 0 Lvsc.•rE. ��r�Te SST t,.wt..—_ _ L L. 4p%L^m AAA NOTE: For illustrative purposes only STEPHENSON VILLAGE "EXHIBIT W TYPICAL MAJOR COLLECTOR ROAD SECTION Scale: NTS March 2003 THE LAND PLANNING & DESIGN GROUP, INC. • HOUSING HOUSING NAME MINIMUM AVERAGE MIN. LOT MIN. MIN. FRONT YARD MIN. REAR IN. SETBACK MIN. SETBACK MIN. SIDE YARD SETBACK MIN. MIN. SETBACK FROM DECK MIN. SETBACK --EECK -MI UNIT TYPE LOT WIDTH LOT AREA AREA SQUARE SETBACK FROM YARD TO DWELLING DISTANCE BETWEEN ON INTERIOR LOT LINE SETBACK TO GARAGE TO INTERIOR INTERIOR LOT LINE N. SETBACK SQUARE SQUARE FOOTAGE R/W OR PRIVATE SETBACK FROM DWELLING UNITS SIDE / COMBINED TOTAL GARAGE LOT LINE SIDE YARD SIDE YARD (CORNER REAR YARD/ FEET FEET LIVING STREET TO TO COMMON SIDE YARD SETBACK / FROM /CORNER LOT (OR LOT (OR END UNIT REAR YARD SPACE DWELLING DWELLING DRIVEWAY CORNER LOT (OR END STREET/ END UNIT TOWNHOUSE) SIDE ABUTTING UNIT TOWNHOUSE) SIDE ALLEY TOWNHOUSE) SIDE YARD OPEN SPACE YARD YARD 1 CARRIAGE 40' NA 4,000 1,400 15, 25' NA 10, 5710'110' NA/20' 3'110' T/10' 2 NON -ALLEY CARRIAGE 47' NA 4,700 1,400 15' 25' NA 10, 5'115'/10' 20'INA 3'110' S'I10' 15'1NA 373' 3 COTTAGE 34' NA 3,264 1,400 15' 20' NA 10' ON NON 01151/10' ATTACHED SIDE NA/20' 0'/NA T/10' S'INA 3'INA/NA (10' FROM NA/NA NA/NA 4 COURTYARD NA 3,300 NA 2,000 10' NA 3' 10' DWELLING TO 19' FROM NAINA (6' FROMPERIMETER PROPERTY COMMON 37NA (T FROM INTERIOR PERIMETER LINE) DRIVEWAY) LOT LINE) PROPERTY 51!10'/10' LINE 5 MODIFIED 38 NA 3,750 NA 20' 15' 10' (0' FOR THE (0' FOR ZERO LOTLINE 5'/10' (0' FOR ZERO 5710' (0' FOR ZERO SINGLE FAMILY NA ATTACHED OPTION) SIDE WITH A COMBINED 20'115' LOT LINE OR LOT LINE OR 10'13' TOTAL OF 10') ATTACHED SIDE) ATTACHED SIDE) 20' (10' FOR NON 0' (25' FROM NON 6 MODIFIED 16' 1,300 1,200 NA GARAGE OR REAR ATTACHED SIDE TOWNHOUSE LOADED GARAGE 20 NA WALL OF END UNIT 0110,110, 20'/5' 01110, O'110' 5'/5' UNITS) TO ANY OTHER HOME 20' (10' FOR NON 0' 25' FROM NONATTACHED 6 MODIFIED 16' 1,500 1,400 NA GARAGE OR REAR SIDE TOWNHOUSE LOADED GARAGE 20' NA WALL OF END UNIT 01101/10, 20'15' 01/10, 01/10, 5'/5' UNITS) TO ANY OTHER HOME 20' (10' FOR NON 0' (25' FROM NON 6 MODIFIED 20' OR> 1,700 1,600 NA GARAGE OR REAR 20 ATTACHED SIDE TOWNHOUSE LOADED GARAGE NA WALL OF END UNIT 01/01/10, 20'15' 01/10, 0'/10' 575' UNITS) TO ANY OTHER HOME PORCHES, ACCESSORY BUILDING STREET STOOPS, AND BUILDING HEIGHT PARKING STEPS MAY MAX. HEIGHT SPACES EXTENDINTO FRONTYARD SETBACK 6' 20' 1 35' 1 2 6' 20' 35' 2 6' NA 35' 2 6' NA 35' 2 12' 20' HT. 35' 2 12' FOR A 20' SETBACK, 5' FOR A 10' 20' HT, 35' 2 SETBACK 12' FOR A 20' SETBACK, 5' FOR A 10' 20' HT. 35' 2.25 SETBACK 12' FOR A 20' SETBACK, 5' FOR A 10' 20' HT. 35' 2.5 SETBACK STEPHENSON VILLAGE "EXHIBIT E" MINIMUM DESIGN STANIIARDS Scale: NTS March 2003 THE LAND PLANNING & DESIGN GROUP, INC. • STEPIHIENSON VN L]LAGIE R EMENUAL PLANNED COIV1ZI�I1 UI RTY Community Design Modifications Document Prepared By: Greenway Engineering & The Land Planning and Design Group, Inc. April 2003 Revised August 18, 2003 Revised September 3, 2003 ( • (Exhibit F) 0 0 MODIFICATION #1 § R65-I1 Mixtuire of housnng types ureglunredl Ordinance Requirement: No more than 40% of the area of portions of the planned community designated for residential uses shall be used for any of the following housing types: duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses or garden apartments or any combination of those housing types. Alternative Design Standard: No more than 60% of the area of portions of the planned community for residential uses shall be used for the housing types identified in the townhouse, multifamily and active adult. MIXED RESIDENTIAL MATRIX Housing Unit Type Minimum % Maximufn % Single Family Dwellings 30 53 (Hosing Unit Type 1,2,4,5, RP District SFD and Active Adult) Townhouse Dwellings 10 30 (Housing Unit Type 6 & RP District Townhouse) Multifamily Dwellings 7 30 (Condominiums, Elderly Housing, Housing Unit Type 3 &:. RP District Duplex, Multiplex, Atrium, Garden Apartments and Active Adult) Active Adult Dwellings 30 53 Single Family Dwelling (Housing Unit Type 1,2 &z 5) Multifamily (Condominiums, Elderly Housing, Housing Unit Type 3) Justification for Modification: The proffered Generalized Development Plan identifies that residential land uses will be located within Land Bays 1111 and IV. The Generalized Development Plan does not account for the approximate 125 acres within the Hiatt Run Corridor and the Wetlands Intermediate Ravine Channel that is contiguous to Land Bays III and IV. Therefore, the Generalized Development Plan accounts for approximately 594 acres to be utilized for residential land use within Stephenson Village. The required calculation of 40% of the approximate 594-acre area of portions of the planned community designated for residential use in this case amounts to approximately 237.6 acres that can be utilized for duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses or garden apartments. The residential program that has been developed for Stephenson Village is designed to provide for housing opportunities for all age groups in the community. Stephenson `Tillage will also provide for an active adult community that may develop beyond the designated 126-acre land bay identified on the Generalized Development plan. The success of the active adult community and housing for young professionals may expand beyond the program limits identified in the program; therefore, a modification of the 40% of residential land area is appropriate. Stephenson Village requests a modification to allow a maximum of 60%, or approximately 356.4 acres of the residential land area to provide for the development of housing types identified in the mixed residential matrix table. Stephenson Village further commits to the provision of a mixture of housing types by establishing minimum and maximum percentages for the variety of housing types identified in the mixed residential matrix table. This cominitment exceeds the current ordinance requirement by ensuring that a residential mix will be provided in lieu of one housing type (i.e. garden apartments) occupying 40% of the residential land area. CJ I0 • MODI FI[cCAUON #2 Ordinance Requirement: § 1165-69 Peru-fl ted1 uses § 1165-72B(2) AIlternaUve fflmrnensuonall n°equuiremrnennt pRann All uses are allowed in the R4 Residential Planned Community District that are allowed in the RP Residential Performance District. An alternative dimensional plan may be included with the master development plan for the development, which shall describe a system of dimensional requirements for all residential uses planned for the development. Alternative Design Standard: Residential housing types other than those permitted in the RP Residential Performance District may be allowed in the R4 Residential Planned Community District. The Board of Supervisors may allow new housing types only if information describing the minimum lot area, minimum lot width, minimum yard setbacks, maximum building heights for primary and accessory structures, and minimum off street parking spaces is determined to be acceptable. Justification for Modification: Stephenson Village desires to provide for a mixture of housing types that allow for a community including a range of economic and demographic levels from young professionals, family households, empty nesters and elderly affordable dwellings. In order to create this type of community, it is necessary to provide for housing types that are currently allowed by ordinance and to introduce housing types that are successful in the current housing market. With the exception of the single-family small lot, the remaining housing types allowed by current ordinance were established over ten years ago. The introduction of new housing types, or modifications to the design standards for existing housing types is necessary to accomplish this goal. The R4 District allow for a residential planned community to develop only one type of multifamily housing unit to achieve the goal of a housing mix. Stephenson Village is committed to provide for a variety of housing types as evident by the minimum percentages specified in the mixed residential matrix table; therefore, it is justified to allow for new housing types, as well as alternative dimensional requirements for existing housing types in the RP District as described in this Community Design Modification Document to achieve this purpose. U.� 0 ICI OUMNG uNffy TYPES MP HIIENS®N VM LAG E CARRIAGE HOUSE ILLUSTRATIVE E Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. • • 97' 1'1�tJ• STr-&ET 114. '2 STANDARDS: Living Space (min.) Decks (min.) Front Facade 1400 square feet Side yard setback: 5'-0" interior lot lines *porches, stoops, Side yard setback: 10'-0" comer lot perimeter lot line and steps may Rear vans setback: 3'-0" extend 6'-0" into *decks must be located in rear yards and shall not be front yard erected forward of the rear plane of a dwelling unit setbacks STEPHENSON VILLAGE • NON —ALLEY CARRIAGE HOUSE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. • S-fr-flET STANDARDS: Living Space (min.) Decks (min.) 1400 square feet Side yard setback: 5'-0" interior lot line Side yard setback: 10'-0" corner lot perimeter lot line Rear yard setback: 15'-0" *decks must be located in rear yards and shall not be erected forward of the rear plane of a dwelling unit • STEPHENSON VILLAGE CARRIAGE HOUSE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. Front Facade *porches, stoops, and steps may extend 6'-0" into front yard setback U 101 M N. ror- CmgNEZ- --k- "TS AUX( IN. STANDARDS: Lot Width(min.) Living Space (min.) Decks (min.) Front Facade 34'-0" 1400 square feet Side yard: 5'-0" interior unit *porches, stoops, Side yard: 10'-0" end/corner unit and steps may Rear yard: 5'-0" extend 6'-0" into *decks must be located in rear yards front yard setback and shall not be erected forward of the rear plane of a dwelling unit S'TEPHENSON VILLAGE COTTAGE HOUSE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. 16 Courtyard Clusters Typical This housing type consists of single-family dwellings combined to form a multi -family cluster of units. The cluster creates a private parking court, therefore removing garages from the main travel ways. No fewer than two and no more than seven units shall be combined in any courtyard cluster. Each unit has direct access to a private yard. A fence or fence and wall combination shall be located between units to enclose the courtyard. Each unit shall have at least one 3' gate providing access to the rear yard from the courtyard. The following table specifies the minimum standards for this Courtyard Cluster house type. Minimum Area Per Unit: 2,000 sq. ftJdwelling unit Minimum Setbacks: To garage from street or common driveway: 19 & To dwelling from street: 181 Distance between units: 10 fL To dwelling from common driveway: 3 fL To dwelling from interior lot line: 31 To dwelling from perimeter property line: 10 ft. To deck and/or patio from interior lot line: 5 ft. To deck and/or patio from perimeter property line: 6 ft. Maximum Building Height: 35 fL Is Ila 13& perry Line ere 10 • STEPHENSON VILLAGE COURTYARD CLUSTER TYPICAL i Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. • • 40 Modified sin �e-fhm fl sm ARR Rot Single-family mall lothousing shall be a single-family chtached or attached residence on an individual lot. No more than two units may be attached together. (1) Dimensional requirements shall be as follows: (a) Minimumlot size: 3,750 square feet (b) Off-street parking spaces: 2 (c) Setback from state road: 20 feet (d) Setback from private road: 20 feet (e) Dear yard: 15 feet (f) Side yard: Zero lot line option may be used with this housing type. If chosen, the minimum sde yard shall be 10 feet for that yard opposite the zero lot line side. If not chosen, the minimurn side yard shall be five feet on both sides. (g) When the attached option for the single-family anall lot housing unit is chosen, the minimum building spacing requirement shall be 10 feet. (h) Supplementary setbacks: [1] With the single-family mall lot housing type, decks may extend five feet into rear yard setback areas. [2] Where single-family small lothousing abuts open space, decks may extend up to 12 feet into rear yard setback areas. [3] Front porches, stoops and steps may extend 12 feet into front yard setback areas. (2) Maximum buildin gheights shall not exceed 35 feet in height. (3) Detached accessory buildings maybe permitted, not to exceed 20 feet in height, will adhere to the same side yard setbacks as the house, and will have the same rear yard setback as a deck. • Modified townhouse. The "townhouse" is a single-family atached dwelling with one dwelling unit from ground to roof, having individual outside access. Rows of attached dwellings shall not exceed 10 units acid shall average no more than eight dwelling; per structure. (1) Dimensional requirements shall be as follows: Minimum Average Off-street Minimum Lot Area Lot Area Parking Lot Width (square feet) (square feet) Spaces (feet) 1200 1300 2.00 16 1400 1500 2.25 is 1600 1700 2.50 20 or larger (2) Minimumyards shall be as follows: (a) Front setbacks: [1] 20 feet from road right-of-way for front loaded ZD garage townhouses [2] 20 feet from parking area, private street, or driveway for front loaded townhouses [3] 10 feet for rear loaded or rear loaded detached garage townhouses [4] 10 feet for non garage townhouses with offstreet parking (b) Side: 10 feet from lot line (end unit) (c) Rear: 20 feet from lot line (3) Minimumon-site building spacing: (a) Side: 25' between adjacent end units (b) Rear: 50' from rear building plane to adjacent rear building plane (4) Maximum buiIdingheightshall be as follows: (a) Principle building: 35 feet (b) Accessory buildings: 20 feet (5) Minimumyard setbacks for garages (a) Side: 10 feet from lot line (end unit) for detached garage option (b) Side: 0 feet from interior lot line for detached garage option (c) Rear: 5 feet from lot'line for detached garage option (6) Supplementary setbacks: (a) With the modified townhouse housing type, decks may extend 15 feet into rear yard setback areas. (b) Where modified townhouse abuts open space, decks may extend up to 15 feet into rear yard setback areas. (c) Front porches, stoops and steps may extend 6 feet into a 10 foot front yard • setback and 12 feet into a 20 foot front yard setback. Eldle�� Elderly housing are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Elderly housing shall contain six or more dwellings in a single structure. Required open space shall not be included as minimum lot area. (1) Maximum gross density shall be 45 units per acre. (2) Development requirements shall be as follows: Number of Bedrooms Efficiency 2 3 plus Off -Street Parking Spaces 1.50 2.00 2.25 2.50 (3) Maximum site impervious surface ratio (on lot) shall be sixty -hundredths (0.60). (4) Minimum lot size shall be one (1) acre. (5) Minimum yards shall be as follows: a. Front setback: i. Twenty-five (25) feet from road right-of-way. ii. Ten (10) feet from parking area or driveway. b. Side setback: i. Twenty-five (25) feet from perimeter boundary. c. Rear setback: i. Fifty (50) feet from perimeter boundary. (6) Minimum on -site building spacing shall be twenty five (25) feet. (7) Maximum number of dwellings units per building shall be (125) (9) Maximum building height shall be as follows: a. Principal building height: forty five (45) feet. b. Accessory buildings: twenty (20) feet. • • • NOTE: FOR ILLUSTRATIVE PURPOSES ONLY STEPHENSON VILLAGE ELDERLY HOUSING ILLUSTRATIVE Scale: NTS April 2002 • THE LAND PLANNING & DESIGN GROUP, INC. • M®IDOECAT1[ON #3 § 165-72D tConmmerenall and nndlunstiriall areas § 165-921`\\4(3) Nonu°esndlenflall Rand use phasnnng ordinance Requirement: A minimum of 10% of the gross area of the project shall be used for business and industrial uses. The phasing plan for the development shall include a reasonable portion of the nonresidential uses in all phases of the development. Alternative Dcsigpi Standard: Elimination of the requirement for both business and industrial land uses in Stephenson Village; establish a minimum of 4% of the gross area of the project to be used for commercial land use; allow for the majority of the commercial land uses to be located in a defined commercial center instead of all phases of Stephenson Village. Justification for Modification: • A minimum lot size of 100 acres is required for a residential planned community development. The provision of 10% of the gross area of the project for business and industrial land use would equate to a minimum of 10 acres to meet the ordinance requirement. A conservative FAR of 0.2 would equate to 60,000 square feet of industrial development on 7 acres of land and 26,000 square feet of commercial on 3 acres of land. This ratio would be reasonable if both industrial and commercial land use were proposed for the residential planned community. An industrial component is not planned for Stephenson Village, nor is an industrial component desired by the immediate outlying community. The required 10% minimum of the gross area of the project for business and industrial land use would account for approximately 82.2 acres within Stephenson Village to meet the ordinance requirement. This amount of acreage is not feasible for commercial land use alone; therefore, a sufficient amount of commercial land use to meet the needs of the residential planned community is important to determine. The market and economic analysis for Stephenson Village suggests that the maximum amount of commercial land use that can be sustained is 250,000 square feet. A developed FAR of 0.2 would require less than 29 acres (3.5%) to meet the 250,000 square feet of commercial development n Stephenson Village. Therefore, it is reasonable to expect a minimum of 4% of the gross area of the project to be utilized for commercial land use when industrial land use is not part of the residential planned community design. ]Furthermore, it is reasonable to plan for the majority of the • commercial land use to occur within a defined commercial center within the community in lieu of many smaller undefined commercial pods located within each phase of the • residential planned community. Stephenson Village has been designed to provide for a defined commercial center that will accommodate a variety of commercial land use`s and serve the residents of this community, as well as the outlying community. The request to eliminate industrial land use; to establish a minimum of 4% of the gross area for commercial land use; and to establish a defined commercial center in lieu of requiring commercial land use in all phases of the residential planned community is reasonable. Stephenson Village would be required to provide for a minimum of 33 acres for commercial land use. This acreage would allow for the provision of a variety of commercial land uses that would provide convenient shopping, services and employment opportunities for the residents within Stephenson Village and the outlying community. The 33 acres would accommodate a maximum of 250,000 square feet of commercial land use, which is reasonable for a community of this size. • 0 0 F-. F.40AX4 LIA COMMERCIAL BNDLASTRiAL USES WITHIN PLANNED COMMUNITY GROSS AREA OF COV,PdERC�AL USES 3% WEPHENSON VILLAGE WAIVER #3a SUPPORT GRAPHIC Scale: NTS April 2003 THE LAND PLANNING & DESIGN GRoup, INC. GROSSAREA OF INDUSTR�AL USES 7% • GROSS AREA, OF BUSINESS USES % • 0 STEPHENSON VILLAGE WAIVER #3b SUPPORT GRAMUC Scale: NTS April 2003 THE LAND PLAT NING & DESIGN GROUP, INC. • M®IIDIDE R CA1<'IION M § 165-72F RecreatnonnaD facnlntnes Ordinance Requirement: A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the planned community. Alternative Design Standard: A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the planned community. The value of one recreational unit shall be equivalent to the value of one recreational tot lot unit described in § 165-64B(1) of the Zoning Ordinance. Justification for Modification: Stephenson Village will provide the equivalent of one recreational unit for every 30 dwelling units developed in the entire community. The recreational facilities will include two recreational centers, a competition swimming pool, a linear park trail and pedestrian . trail systems. The Applicant should be given credit for the value of these planned recreational facilities based on a formula that is the value of one recreational tot lot x the number of required recreational units to serve the entire community. The planned recreational facilities for the overall community and for the active adult community provides for year-round recreational opportunities for the Stephenson Village community that traditional outdoor recreational units do not. Therefore, it is reasonable to utilize the recreational unit value formula to meet the recreational needs of this community. � 0 RECREATION VALUE EQUIVALANCY COMPARISON A sinale recreational unit is designed to meet the recreational needs of 30 dwelling units, which has a monetary value of approximately 17,000 dollars which may by adjusted to reflect the current value of a tot lot. The items listed below illustrate a methodology used to achieve the required overall recreational needs by assigningrecreational units to the actual costs of the recreational facilities provided. The units may be broken into smaller units or added together to meet the needs of the total development. Following is a list of possible recreational facilitieq which may be proposed at Stephenson Village and their associated monetary value. The actual cost of the items listed below may indeed differ± from these estimates at time of construction, but should compare similarly. Linear Park Trail (approx. 3,800 linear feet) Community Pool (6 lane 25 Meter Lap Pool) Clubhouse / Bath House Half -court Basketball Court Tennis Court (1 S"I EP HIIE�`�ISON VR LILA(GY, WAIVER #4 SVJP]ID®RT GRAPHIC Scale: NTS April 2003 THE LAND PLANNING & DESIGN GROUP, INC. _ ± $ 266,300 • MODUR CA TON #5 § 165-721 Road access Ordinance Requirement: The planned community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. Alternative Design Standard: The planned community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation, excluding the street system serving the active adult community and private access drives serving no more than five single family dwelling units or ten single family dwelling units if the private access drive connects to two public streets. The minimum distance from a public street shall not apply in the active adult community provided that the lots are served by a road system that provides for multiple street intersections to enhance looping and provide for safe and efficient emergency access. The cross sectional base and pavement standard for private streets shall meet or exceed VDOT requirements, with the allowance of using a decorative cap on the private street to promote enhanced design. The cross sectional standard for private access drives serving limited single family dwellings shall include an 8" aggregate type I 21-R compacted base and a 2" SM-12.5A surface. • Justification for Modification: The active adult community in Stephenson Village is planned to be a gated community. Market analysis of active adult communities has identified a gated community as being very desirable for residents due to security and safety concerns. Creating a gated community necessitates the planning of a complete system of private streets, which has also been determined to be. very desirable for the residents of this type of community. The Applicant has met with the Office of the Fire Marshal to review private street design standards and private alley design standards for emergency access and has implemented those standards in the proffer statement. Furthermore, the Applicant has included a cross sectional base and pavement width standard that will meet or exceed VDOT standards. The alternative design standard also requires the design of the private street system to provide for multiple street intersections and looping to ensure that vehicular access is not limited and that good circulation patterns are provided. Therefore, it is reasonable to allow for a complete system of private streets within the active adult community that do not need to be a minimum distance from a public street as traffic circulation, appropriate construction standards and emergency service access have been considered. Instances will occur in the design of Stephenson Village where it is desirable to preserve stands of trees or other environmental features, maintain open views at the end of cul-de- sacs, and front houses towards main road systems. To accomplish these goals during design, it will be necessary to utilize private access drives to serve small numbers of • single family dwellings. Current ordinance requirements do not provide for this design flexibility; therefore, residential lots are designed to maximize public street frontage due to construction costs and density yields. Stephenson Village will be planned to account for the measures 'described in this paragraph, which will be beneficial in achieving these design goals and will serve as a model for other developments to follow. The cross sectional base and surface standards are consistent with V OT standards for a subdivision street serving 450 vehicle trips per day. • • • 00 mown •. FoTu4 ALL T"&, ;AvE 4o' �r��,�£ss,/EC� ss FASer1ErIT � r SFD LOT I *TEPHENSON VILLAGE WAIVER #5a SUPPORT GRAPHIC Scale: April 2003 THE LAND PLANNING & DESIGN GROUP, INC. TYFie-Au SFD FIRE, LoT- • ............�L ?UAF�AVTo�4 ACTIVE At)ULT Cot{t-dHITY v �— fc"trIT 5 rP-I VATF, STR-F-I;T SYsTE H VISTAHCE Mort FlIdT A To 17ol T �5 A5 HEASUG-EJV ALcH4 -rdE STET C�EHTF-V-"Ht f aLIALS 3300 FEET. STEPHENSON VILLAGE • WAIVER #5b SUPPORT GRAPHIC Scale: April 2003 THE LAND PLANNING & DESIGN GROUP, INC. .7 0 l 1 IGo!-ioJZE'iE N STEPHENSON VILLAGE WAIVER #5c SUPPORT GRAPHIC Scale: April 2003 Tuc 1 Arlin Pi Arummi n R, nPcirrml [,anl Iv Irlirr STv—.,T 0 MGDff F ffCATI(ON #6 § 1165-72 `ViI Fhasnnng Ordinance Requirement: A schedule of phases shall be submitted with each proposed planned community. The schedule shall specify the year in which each phase will be completely developed. Alternative Design Standard: A detailed master development plan will be required to be approved by Frederick County for each development phase of Stephenson Village. If applicable, each development phase will be designed as a phase plan to ensure that a logical sequence of development occurs for the provision of roads, other infrastructure, and applicable open space and recreational facilities. It will be appropriate for multiple development phases to be under construction at any given time;'however, development phases that are designed as a phase plan must be completed in sequence. Justification for Modification: Stephenson Village is planned to contain a mixture of housing types that will be • developed by multiple builders. Some development phases within Stephenson Village will contain only one type of housing, while other development phases will contain multiple housing products. The market will dictate the type of housing and the rate at which housing is completed within Stephenson Village; therefore, it is impossible to provide a schedule that identifies the year when each phase will be complete. However, it is reasonable to require a phase plan for larger development phases within Stephenson Village to ensure that larger phases in the community are developed accordingly so that road systems and other improvements are provided in a timely fashion. Frederick County will require each development phase, large or small, to provide a surety guarantee for all improvements identified on the final development plans. Therefore, the County has the ability to ensure that all development phases that are permitted are developed accordingly. 0 0 • • M011DNIFICATI<ON #7 § 165-72G(l) Buffers and screening Ordinance Requirement: Buffers and screening shall be provided accordingly as specified in § 165-37 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. Alternative Design Standard: The distances required for the road efficiency buffer along the major collector road serving Stephenson Village may be reduced in accordance with the attached matrix, provided that the described screening and landscaping measures are met or exceeded throughout the community. Justification for Modification: The ordinance currently requires the first 40 feet of the road efficiency buffer to be inactive and contain an opaque element that is six feet in height with three trees per 10 linear feet. It may be appropriate to reduce the inactive distance for the road efficiency buffer to some degree, provided that enhanced screening measures are provided including higher opaque elements such as decorative walls or a combination earth berm and wall and a planting scheme that enhances the attractiveness of the major collector road corridor. Stephenson Village desires to have the flexibility to utilize a variety of road efficiency buffer standards including those currently provided by ordinance and those in accordance with the attached matrix. • d"r--TE STpeET Cori. !At4J?S.--API; ^FfCA I.— VAF-Ics W 111 I et"-r Po-J-OTIAL IS' PiJet,lc- LIVLITY FAA-E, 1 AI PoT6rITIAV IS 1'116UG L.ITIIiITY FA`r g doTe: 1FIL L.AjAp' ,PE AjkA WILL, A-r A Hidirldij $E 251 IH I.IIVTd 1 PY-ovIDF I� rLI�1tIT 01IITS FLAHT MATEFIAL Foy LAdvSUPE AEEA To ft DE TLWiI r1ED AT Flr{AL DtslEil+. PQ-aVIDE A SIX f'LoT NIdIr "ti FIE10T 5`REed 11TIU-11I1q A4Y (00tAJ4A1Im4 °F eligE(L A -rOls eX0161T is flwIMD foR 1"05TRATIVE R}R.posES 'HL'Y. STEPHENSON VILLAGE "EXHIBIT W TYPICAL MAJOR COLLECTOR ROAD SECTION Scale: NTS March 2003 THE LAND PLANNING & DESIGN GROUP, INC. PLR 100UrW-FEff (pecivu-Ln ptAd-r *Te61AI. r{oT T. ExctZp Soy cF j-4Ad7 LIFI11c) sdr-up, HE:DFIEI FEriCEI 444-LI H-I,4D oR- F-f'ri. • M®IIDURCATllON #8 § 165-68 Rezonnng procedu ire Ordinance Requirement: In order to have land rezoned to the R4 District, a master development plan meeting all requirements of this chapter, shall be submitted with rezoning application. Alternative Design Standard: The provision of a proffered Generalized Development Plan for Stephenson Village to identify the concept of the overall acreage and its relationship to adjoining properties and adjoining roadways. The Generalized Development Plan for Stephenson Village will provide Land Bays to demonstrate the proposed general land use plan layout for the entire acreage. The Generalized Development Plan for Stephenson Village will also provide a matrix identifying the residential and non-residential land uses within each Land Bay, the projected acreage of each Land Bay and the percentage of housing unit types that are proposed to ensure that a mixture of housing types is provided. Justification for Modification: A residential planned community on 794.6± acres of land cannot be completely master planned as a condition of rezoning approval. These communities are dynamic due to the ( market; therefore, the exact location of residential units, internal roads, neighborhood commercial, recreational amenities, open space and significant environmental features are difficult to identify at this stage in the process. The Applicant should be prepared to identify basic information pertaining to the overall development of the residential planned community to inform decision makers and interested citizens how the general land use patterns and major road systems will be developed should a rezoning be approved. The use of a Generalized Development Plan as a tool for this purpose is reasonable, as it contains illustrative and general development information that can assist in understanding the basic concepts of a residential planned community and guide the more formalized Master Development Plan process following rezoning approval. Therefore, it is requested that a Generalized Development Plan be permitted to function in the place of a detailed Master Development Plan during the rezoning process. MSCN R TE. 83 s 0 =1 F44 -' II COMMUNITY RECREATION °qa CENTER /� III SAMUEL BYERS�� ����/��.,/%�/� ///.4✓//,r.�// G �/��71 LANDMARK # IPA 341 124 WETLANDS INTERMEDIATE . RAVINE CHANNEL 3.5 +/- ACRES AREA NOT TO BE REZONED ' ' o ' ' ,` c '� ` _ ON moo 0 JDPLEGEND C NIIIIII MAJOR COLLECTOR ROAD INTER PARCEL CONNECTIONS NOTE: THIS GENERALIZED DEVELOPMENT PLAN IS CONCEPTUAL AND FOR ILLUSTRATIVE PURPOSES ONLY. THE FATAL LOCATION OR ORIENTATION OF THE INDIVIDUAL LANDBAYS AND/OR THEIR ASSOCIATED COMPONENTS MAY BE SLIGHTLY ALTERED TO O REFLECT MORE ACCURATE ENGINEERING. HIATT RUN MAJOR COLLECTOR ROAD____1 fvl -IlLk R11 u /3 OPEN SPACE //7r -s ., HIATT RUN CORRIDOR /J ACTIVE ADUL RECREATION CENTER IV Ran III LINEAR PARK TRAIL — c,. HIA TT RUN W� c LAND BAY BREAKDOWN LAND LAND USE ACREAGE % RANGE OF BAY HOUSINGUNIT TYPES MIN. MAX. I ELEM. SCHOOL 20 Ac. +/— NA NA 11 COMMUNITY PARK 24 Ac. +/— NA NA (6 baseball fields & 6 soccer fields) III MIXED RESIDENTIAL: 475 Ac. t/— CONVENIENCE COMMERCIAL/DAYCARE 7 Ac.+/— NA NA FD (Housing Unit Type 1,2,4,5, RP District SFD & Active Adult) 30 53 OWNHOUSE (Housing Unit Type 6 & RP District Townhouses) 10 30 ULIIFAMILY: 7 30 Condominiums, Elderly Housing, Housing Unit Type —Cottage House & RP District Duplex, Multiplex, trium, Garden Apartment & Active Adult) IV ACTIVE ADULT: 126 Ac.+/— 30 53 FD (Housing Unit Type 1,2, & 5) ultifamily (Condominiums, Elderly Housing, Housing nit Type 3—Cottage House) V COMMERCIAL CENTER (Retail, Office & Public Service Satellite Facility) NA NA SEE NOTES ADDRESSING ABOVE CHART IN PROFFER 3. USES. DENSITY & MIX OF HOUSING TYPES A. (2) (1-4) z o� o Co m Co W N r I ro ob N C�2 ob m ao W a:n LLM U F � m A 5 N 0 1 do W 03 2 o n � n tq la W f_ N Ih Ih N N f W W W g T w m o w LL 0zz z—� �zU)D =go°U as�z 2 z C'7 E- a Q Ix d E-z W Aa ax 7 W O ~ U],:) o W A W w �T' C 7 CEq DATE: SEPT 3, 2003 SCALE: 1"=1000' DESIGNED BY:MDS/JNT JOB NO. 2760C SHEET 1 OF- 1 MODIFICATION #9 § 165-133B Master development plan, contiguous land § 165-141A(8) Master development plan, contents § 165-141B(2);(4);(8) Master develop. plan, R4 contents Ordinance Requirement: The Master Development Plan shall include all contiguous land under single or common ownership in the R4 District. The Master Development Plan shall provide for a schedule of phases, with the appropriate location of phase boundaries and the order in which the phases are to be developed. The Master Development Plan shall provide for the acreage of common open space, each use, each housing type and streets for the total development; the number of dwelling units of each type in each phase for the total development, and the approximate boundaries and location of common open space for the total acreage of the site. Alternative Design Standard: The provision of a detailed Master Development Plan for Stephenson Village that is designed to reflect the acreage within the community that is planned for development by specific phase and provides an aggregate tabulation of all required development • percentages to ensure that the requirements of the R4 District and the proffered Generalized Development Plan are met throughout the development of the Stephenson Village community. Justification for Modification: A residential planned community on 794.6± acres of land cannot be completely master planned at the onset due to the complexities associated with planning and design of the community and the uncertainties of what land uses will ultimately be developed in later years of the community's development. Each developed phase of a residential planned community is a "building block process" that will have an impact on the type and rate of development in ensuing phases of the community. Stephenson Village will be planned, designed and engineered continuously over the life of the development; therefore, the ability to meet the design requirements for the "total development" as specified by the County Code cannot be accomplished. A series of Master Development Plans will be prepared for Stephenson Village over the years that will provide aggregates to account for the community's growth and to ensure that all totals are either met or not exceeded. All required information, reviews and processes will be achieved for each Master Development Plan submitted for Stephenson Village; however, information for the total community will not be available until the project is much further along. The proffered Generalized Development Plan will serve as a guide to ensure consistency in the land • planning process, as well as that the desired housing unit mixes and percentages are achieved for this community. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 September 29, 2003 Mr. Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #06-03, Stephenson Village Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of September 24, 2003. The above -referenced application was approved to rezone 794.6 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District. The approvedproffer statement, dated September 3, 2003, includes the Community Design Modifications Document (Exhibit F) that outlines nine ordinance modification requests. Each modification request was approved by the Board of Supervisors as presented in the proffer statement. A copy of the approved proffer statement is attached for your records. The properties subject to this rezoning action are identified by Property Identification Nuinbers 44-A- 31 [portion], 44-A-31A, 44-A-292, and 44-A-293, and are located within the Stonewall Magisterial District. The boundaries of the rezoning are delineated on the Composite Plat dated August 18, 2003, prepared by Greenway Engineering, which is included in the application file maintained in the Department of Planning and Development. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Nistop er M. Mohn, AICP Deputy Planning Director Attachments CMM/bad cc: J. Donald Shockey, Jr. Jerry Copp, VDOT Resident Engineer John Light, Stonewall District Planning Commissioner Jane Anderson, Real Estate Marcus Lemasters, GIS em: Lynda J. Tyler, Stonewall District Board of Supervisors Member Charles S. DeHaven, Jr., Planning Commission Chairman 107 North Kent Street • Winchester, Virginia 22601-5000 0 AMENDMENT Action: PLANNING COMMISSION: August 20, 2003 - Recommended Approval BOARD OF SUPERVISORS: September 24, 2003 - ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-03 FOR STEPHENSON VILLAGE WHEREAS, Rezoning #06-03 of Stephenson Village, was submitted by Greenway Engineering, to rezone 794.6 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District. This property is located east of Milburn Road (Route 662), south of Old Charles Town Road (Route 761), and southwest of Jordan Springs Road (Route 664), approximately 2,000 feet east of Martinsburg Pike (Route 11 North). The properties included with this application are identified with Property Identification Numbers 44-A-31 [portion], 44-A-31A, 44-A-292, and 44-A-293 in the Stonewall 0 Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on August 20, 2003; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 24, 2003 ; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning, to include nine ordinance modification requests, 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 794.6 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District with revised proffers, 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 #19-03 • This ordinance shall be in effect on the date of adoption. 0 • Passed this 24`h day of September 2003 by the following recorded vote: Richard C. Shickle, Chairman Ave Sidney A. Reyes Nay_ Gina A. Forrester Nay Margaret B. Douglas Aye W. Harrington Smith, Jr. Absent Robert M. Sager Aye Lynda J. Tyler -ye A COPY ATTEST John R. ' ey, Jr. / Frederick County Administrator PDRes. q9-03 0:\Resolutions\2003 Rezoning Resolutions\Stephenson Villagempd • PROFFER STATEMENT STEPHENSON VILLAGE RESIDENTIAL PLANNED COMMUNITY Rezoning # 06-03 Property Owner/Applicant: Stephenson Associates, L.C. Property: 794.6± Acres, Tax Map Nos. 44-((A))-31A, 44-((A))-292, 44-((A))-293, and A Portion of Tax Parcel 44-((A))-31 Stonewall Magisterial District Frederick County, Virginia Date: January 8, 2003 Revised: March 7, 2003 Revised: April 24, 2003 Revised: August 18, 2003 Revised: September 3, 2003 September 3, 2003 TABLE OF CONTENTS • Pagei EXECUTIVE SUMMARY 1. COMMUNITY DESIGN MODIFICATION DOCUMENT 2 2. PHASING PLAN TO MINIMIZE SUDDEN IMPACTS ON COUNTY SERVICES 2 3. USES, DENSITY AND MIX OF HOUSING TYPES 3 4. APPLICANT TO PAY 100 % OF CAPITAL FACILITY IMPACTS 5 5. MATCHING FUNDS FOR TRANSPORTATION ENHANCEMENTS AND/OR HERITAGE TOURISM 7 6. MONETARY CONTRIBUTION TO CLEAR BROOK VOLUNTEER FIRE AND RESCUE, INC. 7 7. MULTI -MODAL TRANSPORTATION IMPROVEMENTS 8 8. SCHOOL AND BALLFIELD SITES, COMMUNITY FACILITIES AND PUBLIC USE AREAS 11 9. RECREATIONAL AMENITIES AND LINEAR PARK 13 10. ACTIVE ADULT AGE -RESTRICTED HOUSING 14 11. AFFORDABLE HOUSING FOR THE ELDERLY 16 12. PRESERVATION OF HISTORICAL AND CULTURAL RESOURCES 16 13. COMMERCIAL CENTER 16 14. RENT FREE COUNTY OFFICE SPACE 18 15. COMMUNITY DESIGN FOR A STRONG SENSE OF PLACE 18 16. ENVIRONMENTAL FEATURES AND HABITAT PRESERVATION 19 17. COMMUNITY CURBSIDE TRASH COLLECTION 22 18. WATER AND SEWER IMPROVEMENTS IN THE STEPHENSON AREA 23 19. COMPREHENSIVE PLAN CONFORMITY 23 20. CREATION OF HOMEOWNERS ASSOCIATION(S) 23 21. PROFFERED HOUSING TYPES 24 is 22. STREETSCAPE DESIGN AND LANDSCAPING 25 23. COMMUNITY SIGNAGE PROGRAM 26 September 3, 2003 Executive Summary Of the Proffer Statement for the Stephenson Village Residential Planned Community The proffers for Stephenson Village define the conditions for the construction and maintenance of a residential planned community based on Smart Growth principles. As envisioned, Stephenson Village will feature a school, public ball fields, recreation centers, trails and convenient shopping that will tie the neighborhoods of Stephenson together and serve as a vital center. Stephenson Village itself will have a distinctive look, a strong architectural theme, and a mixture of housing types to meet the needs of people of all ages, including an age -restricted active adult community and affordable housing for the elderly. The plan emphasizes walkable neighborhoods —with boulevards, sidewalks, bike paths and trails throughout. In addition to the 135.6 acres in the core battlefield area (which is not included in the rezoning request), 794.6±-acre parcel will have approximately 250 acres of open space. Build -out of Stephenson Village is anticipated to take 20 to 25 years. The proffers provide a balance of design and market flexibility and County control over uses and densities. Planned Community Design Stephenson Village will use compact building design with extensive architectural and landscaping standards to create distinctive streetscapes. The proffers specify six new housing types and illustrate floor plans for each. The housing types will be mixed within each neighborhood. To assure overall mixing while maintaining flexibility, the proffers establish maximum percentages for single-family detached, multi -family (townhouse and semi-detached) and age -restricted housing. The design will provide opportunities for people to live, work and shop in the same community. The school and public ball field sites will be located on the north side of the property, along Old Charles Town Road. The center of Stephenson Village will have affordable housing for the elderly and 250,000 square feet of commercial and office space (60,000 square feet guaranteed), including space for a rent-free Frederick County satellite office. Land will be set aside for a day care center in an appropriate location. The south side of Stephenson Village will include a large age -restricted (55 and over) "active adult" community. This will be a gated community with its own recreational facilities and private streets and alleys. In addition, the Applicant will provide a minimum of 144 units for the elderly after sufficient retail space has been occupied to qualify for Federal affordable -housing programs. September 3, 2003 1 Stephenson Associates 030703 The proffers establish an overall density cap of 2,465 units exclusive of the • affordable housing for the elderly, an average of 3.1 units per acre. To avoid sudden impacts on County schools and other services, the proffers establish a cumulative yearly construction cap of 8% on all units that are not age -restricted. Since age -restricted housing has positive tax impact on County budgets and no impact on schools, these unit types will be exempt from the phasing plan. Covering 100 % of Capital Facilities Impacts Economic analysis of Stephenson Village indicates that its proffer payments, taxes and fees will more than cover the cost of County services. The Applicant will cover 100% of the capital costs predicted by the County fiscal impact model for each housing type. These proffer fees will be adjusted every two years using the Consumer Price Index (CPI). Additional proffer fees may be assessed by Frederick County if school population from the project is higher than projected. If the cumulative total increase in students from Stephenson Village exceeds 60 students a year, the County may assess an additional proffer fee of $3,925 for each additional student. Transportation Improvements • The Applicant will make transportation improvements to maintain acceptable levels of service on existing roads. These improvements will be triggered by actual traffic counts, with levels specified in the proffers, at permanently installed traffic counters at the entrance on Old Charles Town Road and the southwestern entrance. This will allow us to anticipate traffic increases rather than react to them. Design and construction will begin when traffic reaches 80 percent of the trigger point. A four -lane boulevard will serve the community as the major collector road. This road, identified in the County Comprehensive Policy Plan, runs from Old Charles Town Road in the north to Route 11 in the south. The sides and medians of this boulevard will be heavily landscaped outside of conservation and tree -save areas. The boulevard will have bicycle lanes on each side, and sidewalks or walking trails for the entire length in Stephenson Village. The road will be built first in a two-lane half section, beginning at Old Charles Town Road. The road will be extended to Route 11 and the second two-lane section constructed when traffic counts reach specified limits. This major collector road will be dedicated to VDOT. The Applicant has obtained rights -of -way and easements for off -site transportation improvements and will execute agreements with VDOT. Traffic improvements will include: completing the two-lane half -section of the major collector road, extending the major collector road to the Rutherford Farm intersection at Route 11, widening Old Charles Town Road to three lanes between the entrance and Route 11, 0 signalizing (with turn lanes) the northern entrance, and signalizing (with turn lanes) of the September 3, 2003 11 Stephenson Associates 030703 • PROFFER STATEMENT Page 1 September 3, 2003 STEPHENSON VILLAGE RESIDENTIAL PLANNED COMMUNITY Rezoning # 06-03 Property Owner/Applicant: Stephenson Associates, L.C. Property: 794.6± Acres, Tax Map Nos. 44-((A))-31A, 44-((A))-292, 44-((A))-293, and A Portion of Tax Parcel 44-((A))-31 Stonewall Magisterial District Frederick County, Virginia Date: January 8, 2003 Revised: March 7, 2003 Revised: April 24, 2003 Revised: August 18, 2003 Revised: September 3, 2003 The undersigned, Stephenson Associates, L.C., (hereinafter referred to as Applicant), its •successors and/or assigns, hereby proffers that the use and development of the subject property shall be in strict accordance with the following conditions and shall supersede all other proffers made prior hereto. In the event the above -referenced amendments are not granted as applied for by the Applicant, the below described proffers shall be withdrawn and null and void. The headings of the proffers set forth below, the Table of Contents and the Executive Summary 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 site adjacent to the improvement, unless otherwise specified herein. References made to the Master Development Plan, hereinafter referred to as the Generalized Development Plan, as required by the Frederick County Zoning Ordinance, are to be interpreted to be references to the specific Generalized Development Plan sheets prepared by Greenway Engineering and Land Planning and Design Group, dated September 3, 2003 attached as Exhibit A. The exact boundary and acreage of each land bay may be shifted to a reasonable degree at the time of site plan submission for each land bay in order to accommodate engineering or design considerations. The Applicant is submitting a Generalized Development Plan (Exhibit A) as a part of the rezoning application. The Generalized Development Plan is provided in lieu of a Master Development Plan, and contains all information deemed appropriate by the Frederick County Planning Department. The Generalized Development Plan does not eliminate the requirement for a Master Development Plan for the portion of the site to be developed, which will be provided following rezoning approval but prior to any development of any portion of the 794.6±-acre site (Property). Page 2 September 3, 2003 • 1. COMMUNITY DESIGN MODIFICATION DOCUMENT: In order for the Applicant and Frederick County to implement the Residential Community, it will be important for the Applicant and Frederick County Planning Staff to have the opportunity to anticipate, incorporate and to develop new advanced housing types and configurations that may be suitable in a Residential Planned Community. These housing types will include many of the neo-traditional housing types which are proffered in this Proffer Statement which allow for the creation of a true community and for the maximization and preservation of natural corridors and open space for the use and enjoyment of the community at large. A. Pursuant to Article II, Amendments of the Frederick County Zoning Ordinance, the approval of this Proffer statement constitutes an amendment to the zoning ordinance, which will allow the expansion of the R4 District. B. The Applicant has proffered a Community Design Modification Document that is attached and incorporated by reference herein as Exhibit F, and which is accepted by Frederick County. In addition to the above, by approving this Proffer Statement, the Frederick County Board of Supervisors agrees without need of any further Board of Supervisors or Planning Department approval • to any modifications for any matter which has been previously agreed to and therefore approved by Frederick County. Further still, any submitted revisions to the approved Generalized Development Plan, the approved Master Development Plan and/or any of its requirements for any development zoned R-4 which affect the perimeter of the development or which would increase the overall density of the development shall require the Board of Supervisors' approval. If, in the reasonable discretion of the Frederick County Planning Department, the Planning Department decides any requested modification should be reviewed by the Frederick County Board of Supervisors, it may secure said approval by placing this matter before the Frederick County Board of Supervisors at its next regularly scheduled meeting. However, and not withstanding what is stated above, once a modification has been approved administratively, the Applicant shall not be required to seek approval for any subsequent similar modification. 2. PHASING PLAN TO MINIMIZE SUDDEN IMPACTS ON COUNTY SERVICES: A. Additional Proffer Payment To minimize sudden increases in the Frederick County Public School population and sudden impacts on other county services, the Applicant shall implement the following phasing plan on all residential housing that is not age -restricted.. To ensure that unanticipated increases in Frederick County Public School population do not burden the county with extra costs, Frederick County may assess the Applicant to effectively double school - related proffers for each student that exceeds a cumulative yearly total increase of 60 students per year. • Page 3 September 3, 2003 The total number of new Frederick County Public School students generated by Stephenson Village will be determined from the September 30 report produced by Frederick County Public Schools. The Applicant proffers to reimburse Frederick County Public Schools for its cost of creating the September 30 report data related to Stephenson Village. This additional proffer payment will be provided to Frederick County by the Applicant within 30 days of receipt of the September 30 report produced by Frederick County Public Schools. If the reported number of Frederick County Public School students generated by Stephenson Village exceeds the cumulative total of 60 students per year (9/30/03=60, 9/30/04=120, etc.), the Applicant shall pay an additional proffer payment of $3,925 as assessed by Frederick County for each Frederick County Public School child that exceeds the cumulative total. The additional proffer payment will be adjusted every two years by the Consumer Price Index. B. Limitation on Permits (1) Calculation The active adult housing units and the affordable housing for the elderly have been removed from the restrictions imposed by the phasing plan and are not part of the following phasing plan formula nor will they be included in the yearly building permit tracking system. The overall density cap for Stephenson Village is 2,465 units, exclusive of the affordable housing for the elderly. Once the planned number of active adult housing units and the affordable housing for the elderly have been removed, the adjusted total number of units subject to phasing restriction is 1,665. The phasing allowed quantities shall be limited to 8% per year on a cumulative yearly basis beginning with the date of approval of this rezoning based on the following formula: (2,465 — 800 to 1,300 range of age restricted units) x 8% + unused permits from prior year(s) = maximum non -age restricted permits for current year Any units not used in a given year shall be carried forward. 3. USES, DENSITY AND MIX OF HOUSING TYPES: A. (1) The Applicant shall develop a mix of housing unit types to include those single-family detached, townhouse and multifamily housing unit types described in the Land Bay Breakdown Table in §3A(2) and further described in §21of this proffer statement. Each of the housing unit types in the R4 District, Section 165-67 of the Frederick County Zoning Ordinance, is either a single-family dwelling, townhouse or multifamily unit type. For purposes of this Proffer, all of the above housing types shall be referred to as Mixed Residential. The following list could be used as they currently exist within the R-4 portion of the zoning ordinance. • Page 4 September 3, 2003 (2) The following list of Land Bays within the Land Bay Breakdown Table sets forth the development parameters on the Property and is consistent with the proffered Generalized Development Plan identified as Exhibit A: LAND BAY BREAKDOWN LAND LAND USE ACREAGE % OF TOTAL BAY HOUSING UNIT TYPES MIN. MAX. I ELEMENTARY SCHOOL 20 Ac. NA NA II COMMUNITY PARK 24 Ac. NA NA (6 baseball fields & 6 soccer fields) III MIXED RESIDENTIAL 475 Ac. CONVENIENCE COMMERCIAL/DAYCARE 7 Ac.* NA NA SFD 30 53 (Housing Unit Type 1,2,4,5, RP District SFD & Active Adult) TOWNHOUSE 10 30 (Housing Unit Type 6 & RP District Townhouse) MULTIFAMILY 7 30 (Condominiums, Elderly Housing, Housing Unit Type 3 & RP District Duplex,. Multiplex, Atrium & Active Adult) IV ACTIVE ADULT 126 Ac. 30 53 SFD (Housing Unit Type 1,2 &5) Multifamily (Condominiums, Elderly Housing, Housing Unit Type 3) V COMMERCIAL CENTER 26 Ac.* NA NA (Commercial Retail, Office & Public Service Satellite Facility) The actual acreage identified for each Land Bay is based on the bubble diagram calculated on the proffered Generalized Development Plan and may fluctuate within 5% of the total acreage based on final survey work. r� Page 5 September 3, 2003 Land Bay Breakdown Notes (1) The above table represents the ranges for the referenced housing types as proposed. The final mix will not exceed the 2,465-unit cap, exclusive of the affordable housing for the elderly (Section 11) and will be comprised of house type combinations representing a mixture identified in the table. The minimum and maximum percentages established apply to the general categories of single family, townhouses, multifamily and active adult units and are not intended to pertain to any one housing type in those categories. The housing unit type maximum percentage for the general categories of single family, townhouse, multifamily and active adult will not exceed the percentages identified in the table and will not exceed the total unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11) based on any combination. *(2) The total commercial area will be a minimum of 4 % of the gross site area or 33 acres and will be located within Land Bays III and V. (3) The Hiatt Run Corridor and the Wetlands Intermittent Ravine Channel are approximately 125 acres. The remaining 113.5 acres of required open space will be provided within Land Bays I, II, III and IV. • (4) The Applicant reserves the right to convert more of Land Bay III to active adult or affordable housing for the elderly. In no case shall the percentage of active adult or affordable housing for the elderly exceed 53 % of the total unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11). B. For purposes of calculating density pursuant to the Frederick County Zoning Ordinance, all dedications and conveyances of land for public use and/or for the use of the development or any Homeowners Association shall be credited in said calculations. C. There shall be a unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11) on the subject property. D. In order to preclude unwanted industrial and heavy commercial uses, all land uses within the B-3 District and the M-1 District shall be prohibited, unless otherwise permitted in the RP District, the B-1 District or the B-2 District. In no case shall truck stops be permitted within Stephenson Village. 4. APPLICANT TO PAY 100% OF CAPITAL FACILITY IMPACTS: The Frederick County Capital Facilities Fiscal Impact Model was applied to the Stephenson Village rezoning on January 9, 2003. The results of this model run demonstrate a fiscal impact to capital facilities in the amount of $5,327 per residential unit. • Page 6 September 3, 2003 The Applicant will pay 100% of these impacts through monetary contributions and land donations to Frederick County, unless otherwise specified by the proffer. The parties agree that the value used for the land donations of $30,000 per acre is appropriate and acceptable. These monetary contributions provide for the capital facilities impacts created by Stephenson Village and shall be paid at the time of building permit issuance for each unit. The monetary contribution will be adjusted every two years by the Consumer Price Index — All Urban Consumers (Current Series) See example at the end of this section. The Applicant will pay for active adult units a 50% premium on proffer fees for fire and rescue over and above the Frederick County Capital Facilities Fiscal Impact Model to cover any increased service demand; similarly, the applicant will pay for affordable apartment units for the elderly a 100% premium. However, these age -restricted units will not include monetary proffers for various capital facilities, such as schools, that they do not impact. The per unit monetary proffer for single family, townhouse and multifamily provides for: $3,925.00 for Frederick County Public Schools ($4,135 per model less $210 for land donation) $635.00 for Frederick County Parks and Recreation ($889 per model less $254 for land donation) $400.00 for Frederick County Fire and Rescue $145.00 for Public Library $152.00 for Administration Building The per unit monetary proffer for active adult units provides for: $635.00 for Frederick County Parks and Recreation ($889 per model less $254 for land donation) $400.00 for Frederick County Fire and Rescue 200.00 50% Premium $600.00 Total for Frederick County Fire and Rescue $145.00 for Public Library $152.00 for Administration Building The per unit monetary proffer for the affordable housing for the elderly provides for: $400.00 for Frederick County Fire and Rescue 400.00 100% premium $800.00 Total for Frederick County Fire and Rescue Should the index as currently published by the U. S. Bureau of Labor Statistics cease to be published then the most nearly comparable index shall be used. Page 7 September 3, 2003 The following is an example of how the adjustment for inflation will be made. Consumer Price Index — all Urban Consumers (Current Series) 1982-84=100 2003 Index (upon approval) estimated 183.00 2005 Index (two years) estimated 225.00 2005 Index 2003 Index X Proffer Amount = Revised Proffer Amount 225 183 X $5,327 = $6,550 5. MATCHING FUNDS FOR TRANSPORTATION ENHANCEMENTS AND/OR HERITAGE TOURISM: In consideration of the approval of rezoning application # 06-03 the Applicant shall contribute $75,000 in matching funds to Frederick County to be utilized for transportation enhancements and/or for the promotion of heritage tourism. The money will be made available to Frederick County within 30 days of receipt of a written request for said funds by the Frederick County Board of Supervisors or their authorized agent. 6. MONETARY CONTRIBUTION TO CLEAR BROOK VOLUNTEER FIRE AND RESCUE, INC: To further mitigate the impact on fire and rescue services, the Applicant will pay to Clear Brook Volunteer Fire and Rescue Inc. the sum of $200,000.00 for its general fund. This is over and above the monetary contributions to Frederick County Fire and Rescue identified in §4 of this proffer statement. This amount will be payable as follows: $50,000.00 to be paid not later than nine months after zoning approval. $50,000.00 to be paid within thirty (30) days of the issuance of the 500th building permit in Stephenson Village but not later than December 31, 2008. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,000th building permit in Stephenson Village but not later than December 31, 2013. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,500`h building permit in Stephenson Village but not later than December 31, 2018. �J Page 8 September 3, 2003 • 7. MULTI -MODAL TRANSPORTATION IMPROVEMENTS: A. The following are improvements the Applicant will make to roads within the Property: • (1) Major Collector Ro (a) Pursuant to Section 7F (2), 7F (4) and 7F(5) of this proffer statement, the Applicant shall dedicate an 80 foot right of way and construct the Major Collector Road from Old Charles Town Road through Stephenson Village, and the properties currently owned by McCann and Omps to U.S. Route 11 (Martinsburg Pike) in accordance with existing agreements executed between all parties to insure conformance with the Frederick County Comprehensive Plan. The width and configuration of all travel lanes, medians and other elements of the major collector road shall be provided by the Applicant as determined by VDOT. (b) The Applicant shall provide landscaped areas along, within, and/or adjacent to each side of the Major Collector Road in accordance with § 22-A of this proffer. (c) When the Major Collector Road is finally completed as a four lane divided boulevard, the median will be naturally vegetated with a combination of both woodland conservation areas and grassed areas supplemented with landscape plantings. If approved by the Virginia Department of Transportation (VDOT), all plantings, other than those in woodland conservation areas, will be installed by the Applicant and will have a maintenance agreement between VDOT and the Applicant which will transfer to the Homeowners Association of Stephenson Village (HOA) to cover all mowing, weeding, pruning, plant replacements, and irrigation maintenance responsibilities. Irrigation systems within the right-of-way will be designed as a separate system to allow the portion of the irrigation system falling within the right-of-way to be terminated if necessary without affecting the overall system. (d) The Applicant shall provide bicycle lanes within the Major Collector Road right of way over the property to be rezoned that are four feet in width and are contiguous with the outside travel lanes of the Major Collector Road and are properly marked and signed. (e) The Applicant shall prohibit individual residential and commercial entrances from intersecting Milburn Road (Route 662) and further proffers that the Major Collector Road will be the only road crossing of Milburn Road. . Page 9 September 3, 2003 (2) Interparcel Connections The Applicant agrees to provide interparcel connections between land bays within the Property at the time the respective land bays are developed and to the extent reasonably possible. (3) Private Streets Alleys and Common Drives (a) The Applicant shall provide for a gated community entrance for the active adult portion of the overall community and shall serve the active adult community with a complete system of private streets. The cross sectional dimension of pavement thickness and compacted base thickness will meet or exceed the public street pavement section standards utilized by VDOT. (b) Where private alleys are utilized, the Applicant will provide one-way alleys within a sixteen -foot (16') wide easement having twelve feet (12') of pavement with a two foot (2') shoulder on both sides of the pavement throughout the entire community. All private alleys, which intersect other private alleys at 90 degree angles or have turns at 90 degree angles shall provide for a minimum turning radius of 25 feet. Private alleys, intersection, public or private streets, shall provide curb cuts extending two feet beyond the paved edge of the standard alley width. I* (c) Where private alleys are utilized to serve housing types that front on private streets the Applicant shall provide for a minimum travel aisle width of 24 feet for the private street. The 24 foot travel aisle shall be in addition to on street parking designed for the private street. (d) When Housing Unit Type 4 (courtyard cluster) is developed, the common drive shall meet the following standards: (i) A minimum width of 20 feet (ii) A minimum depth of pavement section shall be a four inch compacted stone base and six inches of concrete or equivalent material. (iii) A "No Parking" sign shall be posted at the entrance to the courtyard. (iv) A fire hydrant shall be provided at the entrance to each corner drive to the courtyard clusters. When common drives are adjacent to or across the street from other courtyard cluster common drives, only one hydrant shall be required. • (v) Visitor parking areas will be provided outside of the courtyard cluster common drive area. 0 Page 10 September 3, 2003 B. The applicant has acquired easements and/or rights of way over the properties currently owned by McCann and Omps for the purpose of dedicating and constructing the Major Collector Road and for improvements along the south side of Old Charles Town Road from Route 11 north to the CSX railroad. The Applicant will acquire any additional rights -of -way and/or easements for all off -site transportation improvements proffered hereinafter. In the event the Applicant is not able to acquire any of the said rights -of -way and/or easements, Frederick County agrees to attempt to acquire such rights -of -way and/or easements by appropriate eminent domain proceedings at the request of Applicant and Applicant shall be responsible for all payments made to property owners for rights -of -way and/or easements so acquired. In the event that neither the Applicant nor Frederick County successfully obtains the required rights -of -way or easements for the offsite transportation improvements as required by the traffic study, the Applicant shall be permitted to continue with the development as proposed without any further requirement of right-of-way or easement acquisition or improvement. C. The Applicant will install full size entrance improvements with right and left turn lanes, in accordance with Virginia Department of Transportation design guidelines, at the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community during the first phase of development. • D. The Applicant will execute a signalization agreement with the Virginia Department of Transportation for the intersection of U.S. Route 11 and Old Charles Town Road. Additionally, the Applicant will construct full size entrance improvements with both a right turn lane and left turn lane on Old Charles Town Road, and a right turn lane on U.S. Route 11 at said intersection. These improvements will be installed in accordance with the Virginia Department of Transportation design guidelines when warranted by VDOT. E. The Applicant will execute a signalization agreement with the Virginia Department of Transportation for the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community. The Applicant will provide for the signalization at the intersection of Old Charles Town Road and the Major Collector Road based on the terms of this agreement when warranted by the Virginia Department of Transportation. F. The Applicant will design and construct a four -lane boulevard Major Collector Road for the Stephenson Village Community in substantial conformance with the proffered Generalized Development Plan. The Major Collector Road will be constructed in two phases. The first phase will be a two-lane half section that is constructed from Old Charles Town Road to the limits of the development as depicted on the approved Master Development Plan. This phase of the Major Collector Road will be constructed and bonded in segments in accordance with the approved Subdivision Design Plan for Stephenson Village. The second phase of the Major Collector Road will provide for the ultimate four -lane section with appropriate right and left turn lanes based on the following program: (1) The design of the transportation improvements identified in Sections 7(F)2- 7(F)5 of this proffer statement will begin when 80% of the actual traffic count volume is . Page 11 September 3, 2003 realized as identified in each Section. The completion of the improvements specified in each Section will occur within 18 months of initial design. (2) Once actual traffic counts of 7,996 vehicle trips per day have been documented on the Major Collector Road, the Applicant will bond and commence construction of the additional lanes to the existing Major Collector Road to its ultimate four -lane section from Old Charles Town Road to the limits of the Major Collector Road within the development. (3) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a three -lane section of Old Charles Town Road, from the Entrance to Stephenson Village to U.S. Route 11 using the existing bridge. (4) Once the actual traffic count reaches 17,699 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a two lane half section of the Major Collector Road from the limits of the four -lane section to U.S. Route 11 at the Rutherford Farm Industrial Park intersection to include right and left turn lanes on the east side of U.S. Route 11 as determined by VDOT. The Applicant agrees to enter into a signalization agreement with VDOT at the U.S. Route 11/Rutherford Farm Industrial Park intersection if traffic signalization is not otherwise provided at that time. Traffic counters will be installed at the southwestern entrance to Stephenson Village on the property as part of this improvement. (5) Once the actual traffic count at the southwestern entrance to Stephenson Village near the Rutherford's Farm Industrial Park intersection reaches 7,996 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of the remaining additional lanes to the existing Major Collector Road from the limits of the four -lane section to provide for the ultimate four -lane section ending at the east side of U.S. Route 11. G. The Applicant will provide $50,000 that shall be utilized as matching funds by VDOT and/or the County of Frederick for future improvements to the Interstate 81/U.S. Route 11 interchange at Exit 317. This dollar amount is intended to assist VDOT and the County of Frederick with this regional improvement. The $50,000 will be made available to VDOT or to the County of Frederick, within 30 days of written request for said funds by the appropriate party. 8. SCHOOL AND BALLFIELD SITES, COMMUNITY FACILITIES AND PUBLIC USE AREAS: A. School Site: 0 The Applicant shall dedicate 20 acres of land to the Frederick County School Board for use as a public school site which shall count towards the overall Page 12 September 3, 2003 open space requirement for the development. Said site will occur within the general location identified as Land Bay I on the Generalized Development Plan (Exhibit A), adjacent to Old Charles Town Road, which will allow direct access to the site for citizens living outside of Stephenson Village. The Applicant will allow access for Stephenson Village residents to the site from a local neighborhood street, and will provide access to water and sewer at a point reasonably acceptable to the School Board of Frederick County, Virginia, along the property boundary, at the time the adjacent land bays are developed. The Applicant shall convey said school site not later than six months after it is requested by Frederick County or its designee in writing, at no cost. B. Soccer and Baseball Field Site: (1) The Applicant shall dedicate 24 acres of land to Frederick County or such other entity as Frederick County designates and as more specifically set forth below which, when combined with school ball fields, will be used for 6 soccer fields and 6 baseball fields as shown on the layout for School/Park Site (Exhibit C, graphic for illustrative purposes only), which shall count towards the overall open space requirement for the development. Said site will occur within the general location identified as Land Bay H on the Generalized Development Plan (Exhibit A), adjacent to Old Charles Town Road, which will allow direct access to the site for citizens living outside of Stephenson Village. The Applicant will allow access for Stephenson Village residents to the site from a local neighborhood street and will allow access to water and sewer at a point reasonably acceptable along the property boundary, at the time the adjacent land bays are developed. The Applicant shall convey said soccer and baseball field site, not later than six months after it is requested by.Frederick County or its designee in writing, at no cost. (2) Frederick County at its sole discretion may convey or lease its ownership interest in the soccer and baseball field sites to a corporation, trust or other entity which incorporates the direction of both the public and private sectors to provide recreation opportunities for the public. C. At the time the school and soccer and baseball fields sites are deeded to the County, the Applicant shall provide, at the Applicant's expense, a boundary survey and shall stake the corners of each site. Before Frederick County assigns or conveys any ownership interest in the Property / conveyed herein by the Applicant to any third party, including, but not limited to the School Board of Frederick County, Virginia, the third party will execute an agreement in recordable form which is satisfactory to the applicant which will provide and confirm that said third party agrees to be bound by the provisions of this Proffer Statement, including, but not limited to, provisions governing the use of the Property to be conveyed and also the application of all restrictive covenants governing the use of the Property and the construction of improvements upon it. By executing this Proffer Statement, Frederick County also agrees to be bound to and comply with the same. • 0 Page 13 September 3, 2003 D. Notwithstanding the potential uses of the parcels referenced in subparagraphs A and B above, the Frederick County Board of Supervisors shall have flexibility to determine the specific use located within each land bay dedicated for public use purposes, provided that said uses are one of those listed in subparagraphs A and B. Any other similar types of public uses shall be permitted only with the consent of the Applicant and provided that the use is of an architectural style and uses construction materials that are consistent with the restrictive covenants recorded against the property conveyed. Furthermore, the Frederick County Board of Supervisors agrees that if the public purposes are not constructed or installed, completed and in use on the parcels which are identified in subparagraphs A and B above within ten years of the conveyance from the Applicant, said properties may be purchased by the Applicant for the land value specified in §4 of this proffer statement. The Frederick County Board of Supervisors hereby instructs and empowers its County Administrator to execute such other deeds or documents, which shall be required to effect the terms of this provision. E. The Applicant reserves the right to retain temporary and permanent grading, slope, utility, drainage, storm water management and access easements on all public use parcels which are dedicated to the Frederick County Board of Supervisors or the School Board of Frederick County, Virginia, provided said easements do not preclude reasonable use and development of the property for the intended purpose. 9. RECREATIONAL AMENITIES AND LINEAR PARK: A. Recreational Cen The Applicant shall construct one (1) recreation center within the Land Bay identified as Land Bay III as shown on the Generalized Development Plan (Exhibit A), for the use of the residents of the Property and as determined by the Home Owners Association. The Applicant shall have the sole and absolute right to determine within said land bay, where the facility shall be located. The Applicant shall designate the location of the above facility on the Master Development Plan. The recreational center shall include a bathhouse and a 6-lane, 25-meter competition swimming pool. The facility will be fully bonded prior to the issuance of the first building permit. Work on this facility shall commence prior to the issuance of the 250th non -age restricted building permit and be completed prior to issuance of the 800`" building permit for the non -age restricted housing products. B. Active Adult Recreational Center The Applicant shall construct one (1) recreation center within one of the Land Bays identified as shown on the Generalized Development Plan, for the private use of the residents of the Active Adult Community. This facility will be fully bonded prior to the issuance of the first building permit in the Active Adult Community. Work on this facility shall commence prior to the issuance of the 150th building permit and be completed prior to issuance of the 3501h building permit in the Active Adult Community. Page 14 September 3, 2003 0 C. Pedestrian Trail Sidewalk S s The Applicant shall construct a pedestrian trail or sidewalk system, which connects each recreation area to the surrounding neighborhood. The final location and the granting of any such easements and/or trails shall be at the subdivision design plan stage. Such trails or sidewalk system shall be constructed of stone dust or wood chips or such other materials selected by the Applicant provided they are not part of the sidewalk system within the public right-of-way. D. Linear Park Trail A twenty -foot (20') wide trail easement shall be dedicated to Frederick County Parks and Recreation. The location is to be determined by the Applicant and a trail system plan shall be submitted by the Applicant for evaluation by the Frederick County Parks and Recreation Department. The trail shall be provided within the Hiatt Run Corridor and run the length of said corridor on the subject property for 3,800 +/- linear feet as shown on the proffered General Development Plan (Exhibit A). The Applicant shall convey said easement after development of adjoining parcels, or reasonable access is provided, and not later than six months after it is requested by Frederick County Parks and Recreation in writing at no cost to Frederick County or Frederick County Parks and Recreation. Any area so dedicated shall be included in the calculation of required open space, and shall entitle the Applicant to recreational credit units for the value of the construction of the trail and dedicated land. The Applicant reserves the right to retain temporary and permanent grading, utility, sewer force main, slope, storm water management, construction and drainage easements within said dedicated area, although only temporary easements shall be retained as needed for the construction by the Applicant of the six-foot wide asphalt or concrete trail described herein. The asphalt or concrete trail at the discretion of the Frederick County Parks and Recreation Department may be changed to other surface materials in an effort to promote low impact development techniques. Construction of said trail by the Applicant is contingent upon the proposed trail being allowed by all applicable County and State ordinances, and limitations due to terrain and constructability considerations. In the event that the public linear park trail is unable to be constructed due to County or State ordinances, the Applicant shall develop the linear park trail as a private trail system for the use of the residents of Stephenson Village. This private linear park trail shall count towards the open space and recreational amenities requirements for Stephenson Village and will be constructed of similar materials and standards identified in section 9C of this proffer statement. 10. ACTIVE ADULT AGE -RESTRICTED HOUSING A. Applicant agrees that the following language shall be included in the deeds conveying real property designated as age -restricted housing on that portion of the property. At least eighty percent (80%) of the occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and within such units the following conditions shall apply: Page 15 September 3, 2003 (1) All other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. Notwithstanding this limitation, a person hired to provide live-in, long term or terminal health care of a person who is fifty-five (55) years of age or older for compensation shall also occupy a dwelling during any time such person is actually providing such care. (2) Guests under the age of fifty-five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. (3) If title to any lot or unit shall become vested in any person under the age of fifty-five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or reversion of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty-five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. B. A maximum of twenty percent (20%) of the occupied age -restricted residential units shall be allowed to be occupied by at least one person fifty (50) years of age or older and within such units the following conditions shall apply: (1) All other residents must reside with a person who is fifty (50) years of age or older, be a spouse, a cohabitant, an occupant's child eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty (50) years of age or older. Notwithstanding this limitation, a person hired to provide live-in, long term or terminal health care to a person who is fifty (50) years of age or older for compensation shall also occupy a dwelling during any time such person is actually providing such care. (2) Guests under the age of fifty (50) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. (3) If title to any lot or unit shall become vested in any person under the age of fifty (50) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenant shall not work a forfeiture or reversion of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty (50) or otherwise satisfied the requirements as set forth herein. Notwithstanding, a • surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. Page 16 September 3, 2003 • (4) The above -described use restrictions shall be amended from time to time in .accordance with applicable local and state regulations governing age restricted housing and the Federal Fair Housing Act so long as the substantive intent as set forth herein is maintained. In no event shall the minimum age of residents be less than the ages set forth hereinabove. C. Applicant agrees that the language in this Section or such other language as may be necessary to comply with the requirements to qualify as Housing for Older Persons under the Federal Fair Housing Act and the Fair Housing Act of Virginia shall be included in the deeds conveying real property designated as age -restricted on that portion of the property. 11. AFFORDABLE HOUSING FOR THE ELDERLY: Subject to the provisions of this proffer statement, the Applicant will develop and build apartment units to provide much needed affordable housing for the elderly. The Applicant will comply with the necessary requirements to qualify these apartment units for the "Housing for Older Persons" exception to familial status discrimination as allowed under the Federal Fair Housing Act and the Fair Housing Act of Virginia. The construction of these apartment units will begin after at least 50 percent of the retail space has been developed, provided that the approval of appropriate federal and state housing authorities is obtained, and the project qualifies for the Multi -Family Loan Program and the Low Income Housing Tax Credit Program or equivalent. In the event that funding for the affordable housing for the elderly is not obtained, the Applicant proffers to reapportion those units to the active adult community housing units. 12. PRESERVATION OF HISTORICAL AND CULTURAL RESOURCES: A. Byers house: The Byers house will be preserved as deemed appropriate by the Applicant. B. Cemeteries: Prior to commencement of any earth disturbing activity in any section of the Property, the applicant shall mark and identify any cemeteries which may be located there. In the event any onsite cemeteries are found, the applicant shall preserve those cemeteries in accordance with all County and State regulations. 13. COMMERCIAL CENTER: The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center that will be developed at a time to be determined by Applicant. Within the commercial center development, the following shall be provided: • A. The Applicant shall provide for all turn lanes and traffic signalization on the Major Collector Road serving the commercial center as warranted by VDOT. The • Page 17 September 3, 2003 Applicant shall conduct traffic impact analysis studies for each commercial site plan submitted to Frederick County that will be reviewed and approved by VDOT to determine when these improvements are warranted. A traffic signalization agreement will be executed with VDOT by the Applicant to ensure that commercial uses developed prior to the warrants for traffic signalization contribute their pro-rata share for this improvement. B. The Applicant shall record architectural and design restrictive covenants for the commercial center and shall submit a copy to the Frederick County Planning Director and the Frederick County Building Official with the first site plan within the commercial center. Said covenants shall provide for the establishment of an architectural review board for the purpose of review and approval of all architectural elevations and signage for all commercial uses to assure a continuity of overall architectural appearances within the entire commercial development. C. The Applicant shall ensure that all commercial site plans submitted to Frederick County for the commercial center are designed to implement best management practices (BMP) to promote storm water quality measures. A statement will be provided on each commercial site plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. D. The areas within the commercial center that are not required to be graded or cleared for the implementation of all approved site plans will remain undisturbed. One-way travel aisles will be utilized where practical to reduce the impervious areas of parking lots within the commercial center. E. The Applicant shall provide for a maximum of 250,000 square feet of commercial land use in Stephenson Village. The majority of the commercial land use will be located within the commercial center identified on the Generalized Development Plan (Exhibit). The development of smaller areas of commercial land use will be allowed in other areas of Stephenson Village. These commercial land use areas will be provided on the detailed Master Development Plan associated with the development of Stephenson Village. F. The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center. The development of 60,000 square feet of commercial space will begin within the commercial center no later than the issuance of the 1,2001h non -age restricted residential building permit with completion of this commercial space within 18 months. The Applicant will be allowed to extend the commencement of commercial construction for an additional two year period if any one of the following circumstances has occurred: An elementary school has not been constructed on the Property; or a building permit is obtained for the development of a • new grocery store within a three mile radius of commercial center within Stephenson Village. • Page 18 14. RENT FREE COUNTY OFFICE SPACE: September 3, 2003 The Applicant shall provide up to 2,500 square feet of shell space for a 10 year period rent free exclusive of utility and common area maintenance (CAM) charges in the commercial center for the location of a Public Service Satellite Facility for Frederick County. The shell space shall be made available and commence upon the completion of the base building in which the space is located. Frederick County must complete build out and occupy the space within two (2) years of the completion of the base building. If Frederick County fails to build out and occupy the space within the two (2) year period then the space will revert to the Applicant. 15. COMMUNITY DESIGN FOR A STRONG SENSE OF PLACE: A. Design The Applicant agrees to provide an overall continuity of design within the community by means of selecting standards for the following elements, which will be uniformly specified and applied over the entire project: • Custom fixture street lighting program. • Custom mailbox design • Standardized common area fencing style and color • Standardized private residential fencing styles and color • Community color selections to create neighborhood theme • Uniform site furnishing selection (benches and trash receptacles) • Custom designed street signage and stop signage • Landscaping at the entrance monuments, along the collector road buffers and within the'medians selected to provide for a repetition of the neighborhood flower color scheme and theme trees throughout the community The Applicant agrees to utilize innovative design techniques and quality design for the recreational center and bathhouse, common area landscaping, site design, and architectural design. B. Architecture (1) The architectural styling of Housing Unit Types 1 through 4 shall be constructed in accordance with the Housing Unit Types Exhibit(s) proffered herein. Housing Unit Types 5 and 6 shall be compatible with Housing Unit Types 1 through 4. • (2) Access to garages by the use of alleys shall be allowed on Housing Unit Types 1 (Carriage House), 3 (Cottage House), 5 (Modified Single -Family Small Lot, and 6 (Modified Townhouse). Page 19 September 3, 2003 (3) Specific architectural elements that are allowed on Housing Unit Types, to include Housing Unit Types 5 and 6 shall include, but are not limited to, the use of peaked roofs, gables, chimneys, balconies or decks, porches and/or garages. C. Housing Unit Type 3 (Cottage House) and Unit Type 4 (Courtyard Cluster) (1) Decks and Patios All deck planks shall be Class I (A) fire rated composite lumber or approved equal of a standardized color to be selected by the Applicant. A maximum of two styles of deck railing shall be used on all decks and shall be made of the same composite lumber and the same matching color selection. (2) Fire Protection Syste Courtyard Cluster and Cottage houses will have a 13-D sprinkler system in the home and the garages. D. Lighting Any exterior lighting of individual homes or common use recreation areas shall be directed downward and inward on the site to reduce glare on adjacent properties, the public and/or private right-of-way, and upward stray illumination. E. Architectural and Design Covenants Stephenson Associates, L.C. shall develop architectural and design covenants for the overall community. Said covenants will establish an architectural review board for the purpose of review and approval of all architectural elevations, exterior architectural features (fences, railings, walls and decks) for all uses within Stephenson Village, as well as any publicly provided structures located on sites dedicated for public use. These covenants are intended to assure a continuity of overall architectural appearance, quality material selection, and a cohesive color palate for all structures within the entire development. 16. ENVIRONMENTAL FEATURES AND HABITAT PRESERVATION: A. Environmental Features and Easements: (1) Significant wildlife habitats shall be identified and preserved by the Applicant with technical assistance from the Virginia Department of Game and Inland Fisheries (VDGIF). Wildlife or bird habitats shall be further Page 20 September 3, 2003 enhanced by providing native plantings selected to encourage feeding areas while reestablishing forest in and around environmentally sensitive areas. (2) The Applicant shall limit the clearing and grading on each lot to the area needed for structures, utilities, access and fire protection to maximize tree save areas. (3) Unbuildable wetlands, unbuildable floodplains, and unbuildable steep slopes shall be designated and shall be subject to the following: (a) Grading: Protection of steeply sloped areas will be provided by the Applicant as follows: clearing and grading will not occur on any slopes of twenty five percent (25%) or greater, except for trails, road crossings, utilities, drainage and storm water management facilities. (b) Floodplain Areas: Development within floodplain areas shall be limited to the public Linear Park Trail system to include the trail, pedestrian bridges, benches and signage. (c) Buffers and Conservation Easements: (i) Buffer and Conservation Easements: A one -hundred foot (100� wide nondisturbance buffer shall be provided outside of any platted lot immediately adjacent to Hiatt Run and the Wetlands Intermittent Ravine Channel. (ii) Conservation Easements/Floodplain: A twenty -foot (20) wide buffer shall be provided outside of any platted lot immediately adjacent to the 100-year floodplain. The ten feet (10) adjacent to the floodplain shall be undisturbed. The ten feet (10) adjacent to the lots may be disturbed and, if disturbed, shall be re -vegetated by planting trees equal to the number of trees in excess of six inches (6") caliper removed by the disturbance, OR at the rate of 50 (2" caliper) trees per acre of disturbance, at the option of the Applicant. (iii) The above disturbed and undisturbed buffers as well as conservation easements not located within a platted lot and/or parcel shall be part of the common areas owned by the Homeowners Association(s). Covenants to be created as part of the Homeowners Association(s) documents shall provide for maintenance of said areas by the Homeowners Association(s). (4) Resource protection areas are identified for the Hiatt Run Corridor and the Wetlands Intermittent Ravine Channel that are further identified on the Generalized Development Plan. These resource protection areas contain various environmental features and provide different resource management plans for their treatment and protection by the Applicant. . Page 21 September 3, 2003 B. Hiatt Run Corridor: (1) The Hiatt Run Corridor shall be considered a resource protection area. Clearing and grading by individual lot owners is prohibited within this zone. (2) A one -hundred foot (100') foot non -disturbance buffer shall be provided outside of any platted lot adjacent to the Hiatt Run Corridor and shall serve as the clearing limit for all lots that border the Hiatt Run Corridor as measured from the center line of the stream. (3) A minimum buffer of twenty feet (20') shall border all wetland preservation areas. Clearing and grading by individual owners is prohibited within this buffer. (4) Native plants and cluster trees will be preserved and/or reforested in accordance with the Forest Management Plan along the south side of the Hiatt Run Corridor. (5) Wildlife or bird habitats will be further enhanced by providing native • plantings selected to encourage feeding areas while reestablishing forest in and around environmentally sensitive areas including steep slopes, woodlands and flood plain areas along the north side of the Hiatt Run Corridor. The planting plan along the north side of the Hiatt Run Corridor will be created with technical assistance from VDGIF and the Lord Fairfax Soil and Water Conservation District. C. Wetlands Intermittent Ravine Channel: The Wetlands Intermittent Ravine Channel shall be considered a resource protection area. Restrictive covenants recorded against the property will provide that clearing and grading by individual lot owners is prohibited within this zone. The Wetlands Intermittent Ravine Channel will be further enhanced, by providing native plantings, to establish an upland buffer. The planting plan for this upland buffer will be created with technical assistance from VDGIF and the Lord Fairfax Soil and Water Conservation District. D. Forest Management Plan: (1) The Forest Stewardship and Management Plan will be created with technical assistance from the Department of Forestry. Native plants and cluster trees will be preserved and/or reforested in accordance with the Forest is Management Plan. Page 22 September 3, 2003 • (2) Existing ponds will be identified and, if beneficial and appropriate, shall be used as storm water management facilities. In addition, the Applicant shall establish additional ponds on the site wherever possible and in such locations as the Applicant directs. The ponds shall be located and designed to promote water infiltration on the site. A minimum area of twenty feet (20') wide surrounding each such pond shall be developed as a park setting. (3) The Forest Management Plan will be created with technical assistance from the Department of Forestry. E. Environmental Utility / Road Impacts: Construction of utilities, roads, trails, bio-retention areas, or wetlands creation shall be allowed within the environmental features listed in § 16A-§ 16D of this proffer statement. Any construction of the above listed items will use low impact construction methods such as 90-degree crossings, minimal soil, and tree disturbances. When linear utility impacts such as force mains or transmission lines are required low impact construction techniques will be utilized. F. Implementation of Enhancements and Amendments The Applicant shall provide the location of the resource protection areas as a component of the Master Development Plan. Information pertaining to proposed enhancements and amendments to the resource protection areas shall be included as narratives of the Master Development Plan to ensure that these treatment measures will be implemented. 17. COMMUNITY CURBSIDE TRASH COLLECTION: A. The Applicant shall see that the properties within Stephenson Village shall be serviced by a commercial trash pickup and waste removal service. Said service shall provide curbside trash removal unless otherwise provided by Frederick County, for all residential uses and dumpster disposal for all high -density residential uses and commercial uses. Waste and trash removal services shall not dispose of trash and waste at any Frederick County Citizen Convenience Center. The Applicant shall be relieved of its obligations to see to the performance of this Proffer by assigning all of its obligations to a Homeowners Association for any portion or all of the development. B. Notwithstanding the above, Applicant shall locate dumpster sites as unobtrusively as possible. The area immediately surrounding each dumpster site shall be planted with vegetation similar to or identical to that planted in the median open vegetated areas, including, but not limited to, deciduous trees and evergreen shrubbery in addition to the required fence and gate enclosure. 0 Page 23 September 3, 2003 18. WATER AND SEWER IMPROVEMENTS IN THE STEPHENSON AREA: A. The Applicant shall dedicate land to be utilized for the location of a regional pump station as determined by the Frederick County Sanitation Authority (FCSA) in an area that is mutually agreed upon by both parties. B. The Applicant shall construct a pump station in conformance with the Frederick County Sanitation Authority Route 11 North Sewer and Water Service Area Plan as required to serve the Property and shall dedicate the pump station to the Frederick County Sanitation Authority (FCSA) for operation and maintenance. The pump station shall be constructed and operational prior to the first occupancy permit in Stephenson Village. C. The Applicant shall construct water and sewer lines in conformance with the Frederick County Sanitation Authority Route 11 North Sewer and Water Service Area Plan as required to serve all private land uses within Stephenson Village and shall dedicate the applicable water and sewer lines to FCSA for operation and maintenance. Furthermore, the applicant shall provide water and sewer lines of adequate size to the property line for all publicly dedicated properties. 0 19. COMPREHENSIVE PLAN CONFORMITY: By accepting and approving this rezoning application, the Frederick County Board of Supervisors authorizes the location and provision of those public uses and facilities specifically referenced on the Generalized Development Plan, in this Proffer Statement, and the extension and construction of water and sewer lines and facilities and roads necessary to serve this Property pursuant to the Virginia Code Section 15.2-2232 and the Frederick County Code. The general area of location for these uses and facilities are as shown on the Generalized Development Plan with the exact locations to be determined based on final engineering and as approved by Frederick County. Acceptance of this Proffer Statement constitutes approval of the public uses and facilities and their general locations and thereby accepts said uses and facilities from further Comprehensive Plan conformity review. 20. CREATION OF HOMEOWNERS ASSOCIATION(S): A. Creation of Association(s) A homeowners association or more than one homeowners association ("HOA") shall be created and shall be made responsible for the review and approval of all construction within the development to insure that all design standards for the Stephenson Village Development are satisfied and for the maintenance and repair of all common areas, together with such other responsibilities, • duties and powers as are customary for such associations or as may shall be required for such HOA herein. • Page 24 September 3, 2003 B. Additional Responsibility In addition to such other responsibilities and duties as shall be assigned; the HOA shall have title to and/or responsibility for: (1) All common open space including storm water facilities areas not otherwise dedicated to public use or maintained by commercial entities. (2) Common buffer areas located outside of residential lots. (3) Residential curbside trash collection. 21. PROFFERED HOUSING TYPES: The following plan(s), exhibit(s) and Housing Unit Types are proffered herein. Each may be altered at the time of final engineering and equivalent Housing Unit Types may be substituted with the approval of the Director of Planning or his/her designee. Any existing or future Housing Unit Type, which is permitted under the R4 Residential Planned Community District, may also be utilized. • Housing Unit Types Exhibit(s) prepared by The Land Planning and Design Group, Inc. dated December 2002, listed below and attached hereto as Exhibit B (graphic for illustrative purposes only). The minimum design standards for the following housing types are summarized and listed on the attached chart prepared by Land Planning and Design Group, Inc., dated March 2003 and referred to as Exhibit E — Minimum Design Standards. "Housing Unit Type 1" (Carriage House): Carriage House Illustrative Carriage House Typical Carriage House Landscape Typical "Housing Unit Type 2" (Non -Alley Carriage House): Non -Alley Carriage House Illustrative Non -Alley Carriage House Typical Non -Alley Carriage House Landscape Typical "Housing Unit Type 3" (Cottage House): Cottage House Illustrative Cottage House Typical Cottage House Landscape Typical Page 25 September 3, 2003 • "Housing Unit Type 4" (Courtyard Cluster): Courtyard Cluster Illustrative Courtyard Cluster Typical Courtyard Cluster Landscape Typical "Housing Unit Type 5" (Modified Single Family Detached Lot): Modified Single Family Detached Lot Typical "Housing Unit Type 6" (Modified "Townhouse" Attached Dwelling): Modified "Townhouse" Attached Dwelling Typical "Housing Unit Type 7" (Elderly Housing Dwelling): Elderly Housing Dwelling Specifications Elderly Housing Dwelling Illustrative Elderly Housing Dwelling Specifications and Illustrative Design provided in Community Design Modifications Document Other housing types shall be added, if approved, by Frederick County. 22. STREETSCAPE DESIGN AND LANDSCAPING: A. The Applicant shall provide landscaped areas on both sides of the Major Collector Road as illustrated on the attached Exhibit D (Typical Major Collector Road Section) dated March 2003 and in accordance with the following: (1) The landscaped area described above is designed to be a scenic urban linear park, which shall contain woodland conservation areas. (For purposes of this Proffer, a woodland conservation area shall be defined as an area designated for the purpose of retaining land areas predominantly in their natural, scenic, open or wooded condition.)The woodland conservation area shall have a varying width of no less than fifteen feet. Woodland conservation areas shall be provided where feasible based upon final engineering and design of the development. The Applicant shall provide, within the landscaped area, a mixture of deciduous and evergreen trees, to include native types of trees originally found in this area and replacing any trees removed during development. Such trees shall be planted at the minimum rate of one tree every 40 linear feet along the roadway frontage and shall be planted in clusters rather than a linear pattern. 0 Page 26 September 3, 2003 (2) The minimum planting standard for street landscaping or landscaped areas/woodland conservation areas shall be a mixture of deciduous trees, ornamental trees, evergreen trees, and shrubbery. At the Applicants option, trees and shrubs shall be planted in clusters and shall be planted at an equivalent rate of ten plant units per 40 linear feet of collector street roadway frontage. The plant unit credits are determined as follows: Shade Trees (2" min. caliper) = 10 plant units, Ornamental trees (1.5" minimum caliper) = 5 plant units, Evergreen trees (6' min. height) = 5 plant units, Shrubs (18" minimum height) = 2 plant units. B. The Applicant shall have the option of utilizing landscaped central islands within cul- de-sacs. When landscaped islands are utilized a twenty-eight foot (28') foot paved area shall be provided to accommodate on -street parking and travel aisles. C. Where conditions permit, vegetated open channels shall be used in street right-of- ways for storm water runoff, instead of curb and guttering. D. To the extent possible, stone fines or wood chip trails/paths shall be used instead of • asphalt trails/paths. Where practical, such trails/paths shall be located on only one side of each interior road provided sidewalks are not required or practical within the adjacent road right-of-way. 23. COMMUNITY SIGNAGE PROGRAM: A. The Applicant reserves the right to construct community entry features including a monument style sign at the entrances to the development in accordance with the following parameters: Such signage shall not exceed two signs per intersection, one occurring on either side of the entrance. The sign panel area shall not exceed 65 square feet per sign, and shall be attached to a wall not to exceed 8 feet in height, excluding piers, which shall be 9.25 feet in height. The wall supporting the signage will not be included in the allowable square footage for the sign panel. B. The Applicant reserves the right to construct neighborhood entry features including a monument style sign at the entrance to each neighborhood in accordance with the following parameters: Such signage shall not exceed two signs per intersection one occurring on either side of the entrance. The sign panel area shall not exceed 40 square feet per sign, and shall be attached to a wall not to exceed 7 feet in height, excluding piers, which shall be 8.25 feet in height. The wall supporting the signage will not be included in the allowable square footage for the sign panel. C. Commercial freestanding business signs shall be monument style with similar design and materials as the community entry feature signs. These commercial freestanding business signs shall be no more than 20' in height measured from the base and shall be spaced a minimum of 100 feet apart. Page 27 SIGNATURE PAGE September 3, 2003 The conditions set forth herein are the proffers for Stephenson Village and supercede all previous proffer statements submitted for this Development. Respectfully submitted, Stephenson Asso iat , L.C. By: /ame': Donald Shockey, Jr. Title:J. Manager Subscribed and sworn before me this 8th day of Sept. , 2003. Susan D. Stahl (Typed Name of Notary) My Commission Expires: 4-30--2004 Notary Pub is 0 Page 28 • SIGNATURE PAGE • 0 September 3, 2003 ACCEPTED BY THE COUNTY OF FREDER.ICK LE Name: Title: Subscribed and sworn before me this day of , 2003. Notary Public (Typed Name of Notary) My Commission Expires: REVIEWED AND ACCEPTED BY THE FREDERICK COUNTY ATTORNEY 10 Name: Title: Subscribed and sworn before me this day of .)2003. Notary Public (Typed Name of Notary) My Commission Expires: J/ an wo as I R TE• 838 !i j/ 3.5 +/- ACRES AREA NOT TO BE REZONED ' 00 40 ' CHES HIATT RUN MAJOR COLLECTOR ROAD GDP LEGEND C ar• MAJOR COLLECTOR ROAD INTER PARCEL CONNECTIONS NOTE. THIS GENERALIZED DEVELOPMENT PLAN IS CONCEPTUALorqu s Court AND FOR ILLUSTRATIVE PURPOSES ONLY. THE FINAL LOCATION OR ORIENTATION OF THE INDIVIDUAL LANDBAYS AND/OR THEIR �v/J ASSOCIATED COMPONENTS MAY BE SLIGHTLY ALTERED TO REFLECT MORE ACCURATE ENGINEERING. lJ ///Ili\�i����* COMMUNITY RECREATION CENTER 7�A 777 r 000, ERS # ,4 WETLANDS INTERMEDIATE RAVINE CHANNEL tIL"awalhit, III OPEN SPACE HIATT RUN CORRIDOR ACTIVE ADULT RECREATION CENTER IV Pi LINEAR PARK TRAIL O 11 LAND BAY BREAKDOWN LAND LAND USE ACREAGE % RANGE OF BAY HOUSING UNIT TYPES MIN. MAX. I ELEM. SCHOOL 20 Ac. +/- NA NA It COMMUNITY PARK 24 Ac. t/- NA NA (6 baseball fields & 6 soccer fields) 111 MIXED RESIDENTIAL: 4 ONVENIENCE COMMERCIAL/DAYCARE 75 A / .+/ NA NA FD (Housing Unit Type 1,2,4,5, RP District SFD & Active Adult) 30 53 TOWNHOUSE (Housing Unit Type 6 & RP District Townhouses) 10 30 ULTIFAMILY: 7 30 Condominiums, Elderly Housing, Housing Unit Type —Cottage House & RP District Duplex, Multiplex, trium, Garden Apartment & Active Adult) IV ACTIVE ADULT: 126 Ac.+/— 30 53 FD (Housing Unit Type 1,2, & 5) ultifamily (Condominiums, Elderly Housing, Housing nit Type 3—Cottage House) COMMERCIAL CENTER 26 Ac. + — NA NA (Retail, Office & Public Service Satellite Facility) SEE NOTES ADDRESSING ABOVE CHART IN PROFFER 3. USES, DENSITY & MIX OF HOUSING TYPES A.(2) (1-4) c� j N O W C m W C d Z ° O Iv m b ++ 0 W U 0. W u� cis �a F� 4) tw W� 000� °i f� tt-QQ- llNQQ W_ F- N li1 IA U E W W w u °M °M X O W M O LL In W cr IL z a E-z W Qa � �> o 4 —X 7 W O ~ Co �O rzi U Qi A d W Q O f=. CA DATE: SEPT 3, 2003 SCALE: 1 "=1000' DESIGNED BY:MDS/JNT JOB NO. 2760C SHEET 1 OF 1 • vi • HOUSING UNIT TYPE 1 CARRIAGE HOUSE (3 sheets) • • NOTE: FOR ILLUSTRATIVE PURPOSES ONLY OPTIONAL PORCH SHOWN STEPHENSON VILLAGE CARRIAGE HOUSE ILLUSTRATIVE • Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. C� S-TR-EET STANDARDS: Living Space (min.) Decks (min.) 1400 square feet Side yard setback: 5'-0" interior lot line Side yard setback: 10'-0" corner lot perimeter lot line Rear yard setback: 15'-0" *decks must be located in rear yards and shall not be erected forward of the rear plane of a dwelling unit STEPHENSON VILLAGE • CARRIAGE HOUSE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. Front Facade *porches, stoops, and steps may extend 6'-0" into front yard setback 0 sTF-EET NOTE: FOR ILLUSTRATIVE PURPOSES ONLY OPTIONAL FENCE SHOWN STEPHENSON VILLAGE • CARRIAGE HOUSE LANDSCAPE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. • HOUSING UNIT TYPE 2 NON -ALLEY CARRIAGE HOUSE (3 sheets) u • 0 NOTE: FOR ILLUSTRATIVE PURPOSES ONLY OPTIONAL PORCH SHOWN STEPHENSON VILLAGE • NON -ALLEY CARRIAGE HOUSE ILLUSTRATIVE Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. 17 " z iE • STr-EET STANDARDS: Living Space (min.) Decks (min.) 414. 1400 square feet Side yard setback: 5'4' interior lot lines Side yard setback: 10'-0" corner lot perimeter lot line Rear yard setback: 3'4' *decks must be located in rear yards and shall not be erected forward of the rear plane of a dwelling unit STEPHENSON VILLAGE NON —ALLEY CARRIAGE HOUSE TYPICAL • Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. Front Facade *porches, stoops, and steps may extend 6'-0" into front yard setbacks • • /- A..]-CV'-rtu.F. STr. E ET NOTE: FOR ILLUSTRATIVE PURPOSES ONLY OPTIONAL PORCH SHOWN OPTIONAL FENCE SHOWN STEPHENSON VILLAGE NON -ALLEY • CARRIAGE HOUSE LANDSCAPE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. • HOUSING UNIT TYPE 3 COTTAGE HOUSE 0 (3 sheets) KI • • • NOTE: FOR ILLUSTRATIVE PURPOSES ONLY OPTIONAL PORCH SHOWN OPTIONAL FENCE SHOWN STEPHENSON VILLAGE COTTAGE HOUSE ILLUSTRATIVE Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. 0 STFf-zT to, MIN. rcf- CoMr— 4� titt�• 5' MI�1. (,orS I � FT I I I I I I I I 1 1 AUZY STANDARDS: Lot Width(min.) Living Space (min.) Decks (min.) Front Facade 34'-0" 1400 square feet Side yard: 5'-0" interior unit *porches, stoops, Side yard: 10'-0" end/corner unit and steps may Rear yard: 5'4' extend 6'-0" into *decks must be located in rear yards front yard setback and shall not be erected forward of the rear plane of a dwelling unit • STEPHENSON VILLAGE COTTAGE HOUSE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. 0 r ALLE `r NOTE: FOR ILLUSTRATIVE PURPOSES ONLY STEPHENSON VILLAGE •COTTAGE HOUSE LANDSCAPE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. 0 • HOUSING UNIT TYPE 4 COURTYARD CLUSTER (3 sheets) L_J • NOTE: FOR ILLUSTRATIVE PURPOSES ONLY STEPHENSON VILLAGE •COURTYARD CLUSTER ILLUSTRATIVE Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. • Courtyard Clusters Typical This housing type consists of single-family dwellings combined to form a multi -family cluster of units. The cluster creates a private parking court, therefore removing garages from the main travel ways. No fewer than two and no more than seven units shall be combined in any courtyard cluster. Each unit has direct access to a private yard. A fence or fence and wall combination shall be located between units to enclose the courtyard. Each unit shall have at least one 3' gate providing access to the rear yard from the courtyard. The following table specifies the minimum standards for this Courtyard Cluster house type. Minimum Area Per Unit: 2,000 sq. ftldwelling unit Minimum Setbacks: To garage from street or common driveway: 19 ft. To dwelling from street: 18 ft Distance between units: 10 ft. To dwelling from common driveway: 3 ft. To dwelling from interior lot line: 3 ft. To dwelling from perimeter property line: 10 ft. To deck and/or patio from interior lot line: 5 ft. To deck and/or patio from perimeter property line: 6 ft. Maximum Building Height: 35 ft_ 0 138' IKA ieety Line ne Hr STEPHENSON VILLAGE . COURTYARD CLUSTER TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. !7 r�r.= N wr/rirrsaaaa �iwwworrurr■ IIIm Apno �. INuSw■ urr■w Irr/rr rrwrr■rr ur urrrr irrrr■ IIwrrr■ Irmo■ �wrrrr gnu■ Mrrrr Q^w�• r -A. ss�:'>♦�III �r' �rrr� 0 HOUSING UNIT TYPE 5 MODIFIED SINGLE-FAMILY SMALL LOT 0 (1 sheet) . Modified single-family small lot. Single-family small lot housing shall be a single-family detached or attached residence on an individual lot. No more than two units may be attached together. (1) Dimensional requirements shall be as follows: (a) Minimum lot size: 3,750 square feet (b) Off-street parking spaces: 2 (c) Setback from state road: 20 feet (d) Setback from private road: 20 feet (e) Rear yard: 15 feet (f) Side yard: Zero lot line option may be used with this housing type. If chosen, the minimum side yard shall be 10 feet for that yard opposite the zero lot line side. If not chosen, the minimum side yard shall be five feet on both sides. (g) When the attached option for the single-family small lot housing unit is chosen, the minimum building spacing requirement shall be 10 feet. (h) Supplementary setbacks: [1] With the single-family small lot housing type, decks may extend five feet into rear yard setback areas. [2] Where single-family small lot housing abuts open space, decks may extend up to 12 feet into rear yard setback areas. [3] Front porches, stoops and steps may extend 12 feet into front yard setback areas. (2) Maximum building heights shall not exceed 35 feet in height. (3) Detached accessory buildings may be permitted, not to exceed 20 feet in height, will adhere to the same side yard setbacks as the house, and will have the same rear yard setback as a deck. n �J HOUSING UNIT TYPE 6 MODIFIED TOWNHOUSE (1 sheet) • Modified townhouse. The "townhouse" is a single-family attached dwelling with one dwelling unit from ground to roof, having individual outside access. Rows of attached dwellings shall not exceed 10 units and shall average no more than eight dwellings per structure. (1) Dimensional requirements shall be as follows: Minimum Average Off -Street Minimum Lot Area Lot Area Parking Lot Width (square feet) (square feet) Spaces (feet) 1200 1300 2.00 16 1400 1500 2.25 18 1600 1700 2.50 20 or larger (2) Minimum yards shall be as follows: (a) Front setbacks: [1] 20 feet from road right-of-way for front loaded garage townhouses [2] 20 feet from parking area, private street, or driveway for front loaded townhouses [3] 10 feet for rear loaded or rear loaded detached garage townhouses [4] 10 feet for non garage townhouses with offstreet parking (b) Side: 10 feet from lot line (end unit) (c) Rear: 20 feet from lot line (3) Minimum on -site building spacing: (a) Side: 25' between adjacent end units (b) Rear: 50' from rear building plane to adjacent rear building plane (4) Maximum building height shall be as follows: (a) Principle building: 35 feet (b) Accessory buildings: 20 feet (5) Minimum yard setbacks for garages (a) Side: 10 feet from lot line (end unit) for detached garage option (b) Side: 0 feet from interior lot line for detached garage option (c) Rear: 5 feet from lot line for detached garage option (6) Supplementary setbacks: (a) With the modified townhouse housing type, decks may extend 15 feet into rear yard setback areas. (b) Where modified townhouse abuts open space, decks may extend up to 15 feet into rear yard setback areas. (c) Front porches, stoops and steps may extend 6 feet into a 10 foot front yard setback and 12 feet into a 20 foot front yard setback. • EXHIBIT D TYPICAL MAJOR COLLECTOR ROAD SECTION (1 sheet) • is z cli Ec O 'n W 0 m W � d • RTE.761 OLD CHARLES f �r- .0- -1 04. W p La0 " ACCESS ROAD � ACCESS ROAD j JR. SOCCER FIELDS c=.7 F w PAVED PARKING TYPICAL �' o0 W m J °c,c q.B F ELDS SOCCER FIELDS , Fl�Fj�C `s , N d, N�ww w 0 i L� W U 0, U O X F Q Q W cn to I W U SCHOOL � 5 • ♦ �, ------ / ---- -- .� PAVILLION OVERFLOW PARKING TYPICAL C) Z Z Z z z W Z co O Z 5 Qp Uo f— CL CZ5 z q SERVICEIEMERGENCY ACCESS ROAD MAJOR COLLECTOR ROAD w W E., U) Z 41,4011y CIO E- ¢ Q a CIA X'S,0 a w EZ w � o x w h Q o z x w ` . DATE: MARCH 2O03 SCALE: 1"=125' NOTE THIS LAYOUT FOR THE SCHOOL/PARK SITE 19 CONCEPTUAL AND FOR ILLUSTRATIVE PURPOSES ONLY. THE FINAL LOCATION OR ORIENTATION OF THE DESIGNED BY: MPR JOB NO. 2760C INDIVIDUAL LANDBAYS AND/OR THEIR ASSOCIATED COMPONENTS MAY BE SLIGHTLY ALTERED TO REFLECT MORE ACCURATE ENGQIBLRING. SHEET 1 OF 1 0 0 0 L�.wlcu.•�e, A"^ � Lmr{rae yrker LAW. �- � IoIyuAm AREA �_ NOTE: For illustrative purposes only STEPHENSON VILLAGE "EXHIBIT W TYPICAL MAJOR COLLECTOR ROAD SECTION Scale: NTS March 2003 THE LAND PLANNING & DESIGN GROUP, INC. HOUSING HOUSING NAME MINIMUM AVERAGE MIN. LOT MIN. MIN. FRONT YARD MIN. REAR MIN. SETBACK MIN. SETBACK MIN. SIDE YARD SETBACK MIN. MIN. SETBACK FROM DECK MIN. SETBACK DECK MIN. FRONT DETACHED MAXIMUM OFF UNIT TYPE LOT WIDTH LOT AREA AREA SQUARE SETBACK FROM YARD TO DWELLING DISTANCE BETWEEN ON INTERIOR LOT LINE SETBACK TO GARAGE TO INTERIOR INTERIOR LOT LINE SETBACK PORCHES, ACCESSORY BUILDING STREET SQUARE SQUARE FOOTAGE R/W OR PRIVATE SETBACK FROM DWELLING UNITS SIDE I COMBINED TOTAL GARAGE LOT LINE SIDE YARD SIDE YARD /CORNER REAR YARD/ STOOPS, AND BUILDING HEIGHT PARKING FEET FEET LIVING STREET TO TO COMMON SIDE YARD SETBACK / FROM /CORNER LOT (OR LOT (OR END UNIT REAR YARD STEPS MAY MAX. HEIGHT SPACES SPACE DWELLING DWELLING DRIVEWAY CORNER LOT (OR END STREET/ END UNIT TOWNHOUSE) SIDE ABUTTING EXTEND INTO UNIT TOWNHOUSE) SIDE ALLEY TOWNHOUSE) SIDE YARD OPEN SPACE FRONT YARD YARD YARD SETBACK 1 CARRIAGE 40' NA 4,000 1,400 15' 25' NA 10, 5710710' NA120' 3'110' 51/10, 157NA 6' 20' 35' 2 NON -ALLEY 2 CARRIAGE 47' NA 4,700 1,400 15' 25' NA 10, 5'/15'110' 20'/NA 3'/10' 5710' TIT 6' 20' 35' 2 3 COTTAGE 34' NA 3,264 1,400 15' 20' NA 10' ON NON 01/51/10' NA120' O'INA 5710' 5'/NA 6' NA 35' 2 ATTACHED SIDE 3'/NA/NA (10' FROM NA/NA NA/NA 4 COURTYARD NA 3,300 NA 2,000 10' NA 3' 10' DWELLING TO (19' FROM 37NA NAINA (5' FROM INTERIOR (6' FROMPERIMETER PERIMETER 6' NA 35' 2 PROPERTY LINE) COMMON DRIVEWAY) LOT LINE) PROPERTY LINE 5'/10'110' MODIFIED 10' (0' FOR THE (0' FOR ZERO LOTLINE 5710' (0' FOR ZERO 5'/10' (0' FOR ZERO 5 SINGLE FAMILY 38' NA 3,750 NA 20' 15' NA ATTACHED OPTION) SIDE WITH A COMBINED 20715' LOT LINE OR LOT LINE OR 10'13' 12' 20' HT. 35' 2 TOTAL OF 10') ATTACHED SIDE) ATTACHED SIDE) 20' (10' FOR NON 0' (25' FROM NON 12' FORA 20' 6 MODIFIED 16' 1,300 1,200 NA GARAGE OR REAR 20' NA ATTACHED SIDE WALL OF END UNIT 0110,110, 20'/5' 01/10, 01110, TIT SETBACK5' , 20' HT. 35' 2 TOWNHOUSE LOADED GARAGE FORA UNITS) TO ANY OTHER SETBACK HOME 20' (10' FOR NON 0' (25' FROM NON 12' FORA 20' 6 MODIFIED 18' 1,500 1,400 NA GARAGE OR REAR 20' NA ATTACHED SIDE WALL OF END UNIT 01101/10' 20'I5' 01/10' 01/10' S'IS' SETBACK, 5' 20' HT. 35' 2.25 TOWNHOUSE LOADED GARAGE FOR A 10' UNITS) TO ANY OTHER SETBACK HOME) 20' (10' FOR NON 0' (25' FROM NON 12' FORA 20' 6 MODIFIED 20' OR> 1,700 1,600 NA GARAGE OR REAR 20' NA ATTACHED SIDE WALL OF END UNIT 01/0'/10' 20'15' 01/10' 01/10' 5'15' SETBACK, 5' 20' HT. 35' 2.5 TOWNHOUSE LOADED GARAGE FOR A 10' UNITS) TO ANY OTHER SETBACK HOME) STEPHENSON "EXHIBIT E" 0 STEPHENSON VILLAGE RESIDENTIAL PLANNED COMMUNITY Community Design Modifications Document Prepared By: Greenway Engineering & The Land Planning and Design Group, Inc. April 2003 Revised August 18, 2003 Revised September 3, 2003 I • (Exhibit F) '6 • MODIFICATION #1 § 165-71 Mixture of housing types required • Ordinance Requirement: No more than 40% of the area of portions of the planned community designated for residential uses shall be used for any of the following housing types: duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses or garden apartments or any combination of those housing types. Alternative Design Standard: No more than 60% of the area of portions of the planned community for residential uses shall be used for the housing types identified in the townhouse, multifamily and active adult. MIXED RESIDENTIAL MATRIX Housing Unit Type Minimum % Maximum % Single Family Dwellings 30 53 (Hosing Unit Type 1,2,4,5, RP District SFD and Active Adult) Townhouse Dwellings 10 30 (Housing Unit Type 6 & RP District Townhouse) Multifamily Dwellings 7 30 (Condominiums, Elderly Housing, Housing Unit Type 3 & RP District Duplex, Multiplex, Atrium, Garden Apartments and Active Adult) Active Adult Dwellings 30 53 Single Family Dwelling (Housing Unit Type 1,2 & 5) Multifamily (Condominiums, Elderly Housing, Housing Unit Type 3) Justification for Modification: The proffered Generalized Development Plan identifies that residential land uses will be located within Land Bays III and IV. The Generalized Development Plan does not account for the approximate 125 acres within the Hiatt Run Corridor and the Wetlands Intermediate Ravine Channel that is contiguous to Land Bays III and IV. Therefore, the Generalized Development Plan accounts for approximately 594 acres to be utilized for residential land use within Stephenson Village. The required calculation of 40% of the approximate 594-acre area of portions of the planned community designated for residential use in this case amounts to approximately 237.6 acres that can be utilized for duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses or garden apartments. The residential program that has been developed for Stephenson Village is designed to provide for housing opportunities for all age groups in the community. Stephenson Village will also provide for an active adult community that may develop beyond the designated 126-acre land bay identified on the Generalized Development Plan. The success of the active adult community and housing for young professionals may expand beyond the program limits identified in the program; therefore, a modification of the 40% of residential land area is appropriate. Stephenson Village requests a modification to allow a maximum of 60%, or approximately 356.4 acres of the residential land area to provide for the development of housing types identified in the mixed residential matrix table. Stephenson Village further commits to the provision of a mixture of housing types by establishing minimum and maximum percentages for the variety of housing types identified in the mixed residential matrix table. This commitment exceeds the current ordinance requirement by ensuring that a residential mix will be provided in lieu of one housing type (i.e. garden apartments) occupying 40% of the residential land area. • U_j MODIFICATION #2 § 165-69 Permitted uses • § 165-72B(2) Alternative dimensional requirement plan Ordinance Requirement: All uses are allowed in the R4 Residential Planned Community District that are allowed in the RP Residential Performance District. An alternative dimensional plan may be included with the master development plan for the development, which shall describe a system of dimensional requirements for all residential uses planned for the development. Alternative Design Standard: Residential housing types other than those permitted in the RP Residential Performance District may be allowed in the R4 Residential Planned Community District. The Board of Supervisors may allow new housing types only if information describing the minimum lot area, minimum lot width, minimum yard setbacks, maximum building heights for primary and accessory structures, and minimum off street parking spaces is determined to be acceptable. Justification for Modification: Stephenson Village desires to provide for a mixture of housing types that allow for a community including a range of economic and demographic levels from young professionals, family households, empty nesters and elderly affordable dwellings. In order to create this type of community, it is necessary to provide for housing types that are currently allowed by ordinance and to introduce housing types that are successful in the current housing market. With the exception of the single-family small lot, the remaining housing types allowed by current ordinance were established over ten years ago. The introduction of new housing types, or modifications to the design standards for existing housing types is necessary to accomplish this goal. The R4 District allow for a residential planned community to develop only one type of multifamily housing unit to achieve the goal of a housing mix. Stephenson Village is committed to provide for a variety of housing types as evident by the minimum percentages specified in the mixed residential matrix table; therefore, it is justified to allow for new housing types, as well as alternative dimensional requirements for existing housing types in the RP District as described in this Community Design Modification Document to achieve this purpose. EXHIBIT B HOUSING UNIT TYPES STEPHENSON VILLAGE CARRIAGE HOUSE ILLUSTRATIVE Scale: NTS December 2002 . THE LAND PLANNING & DESIGN GROUP, INC. • 419. STr-EET STANDARDS: Living Space (min.) Decks (min.) 1400 square feet Side yard setback: 5'-0" interior lot lines Side yard setback: 10'-0" corner lot perimeter lot line Rear yard setback: T-0" *decks must be located in rear yards and shall not be erected forward of the rear plane of a dwelling unit STEPHENSON VILLAGE NON —ALLEY CARRIAGE HOUSE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. Front Facade *porches, stoops, and steps may extend 6-0" into front yard setbacks E E S -T F-EE TT 1 STANDARDS: Living Space (min.) Decks (min.) 1400 square feet Side yard setback: 5'-0" interior lot line Side yard setback: 10'-0" corner lot perimeter lot line Rear yard setback: 15'-0" *decks must be located in rear yards and shall not be erected forward of the rear plane of a dwelling unit STEPHENSON VILLAGE • CARRIAGE HOUSE TYPICAL Scale: Ni'S December 2002 THE LAND PLANNING & DESIGN GROUP, INC. Front Facade *porches, stoops, and steps may extend 6'-0" into front yard setback • 0 STD -SET .41 sl f- 10' M I N. rod Cop, NEr- t,oTS S FT I I t I I 1 I 1 Au-ZY MINV STANDARDS: Lot Width(min.) Living Space (min.) Decks (min.) Front Facade 34'-0" 1400 square feet Side yard: 5'-0" interior unit *porches, stoops, Side yard: 10'-0" end/comer unit and steps may Rear yard: 5'-0" extend 6'-0" into *decks must be located in rear yards front yard setback and shall not be erected fonvard of the rear plane of a dwelling unit STEPHENSON VILLAGE COTTAGE HOUSE TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. is Courtyard Clusters Typical This housing type consists of single-family dwellings combined to form a multi -family cluster of units. The cluster creates a private parking court, therefore removing garages from the main travel ways. No fewer than two and no more than seven units shall be combined in any courtyard cluster. Each unit has direct access to a private yard. A fence or fence and wall combination shall be located between units to enclose the courtyard. Each unit shall have at least one 3' gate providing access to the rear yard from the courtyard. The following table specifies the minimum standards for this Courtyard Cluster house type. Minimum Area Per Unit: 2,000 sq. ftJdwelling unit Minimum Setbacks: To garage from street or common driveway: 19 R To dwelling from street: 18 ft. Distance between units: 10 ft. To dwelling from common driveway: 3 ft. To dwelling from interior lot line: 3 ft. To dwelling from perimeter property line: l0 ft. To deck and/or patio from interior lot line: 5 ft. To deck and/or patio from perimeter property line: 6 ft. Maximum Building Height: 35 ft. 138' la xvy tine ne IP • STEPHENSON VILLAGE COURTYARD CLUSTER TYPICAL Scale: NTS December 2002 THE LAND PLANNING & DESIGN GROUP, INC. 0Modified single-family small lot. Single-family mall lothousing shall be a single-family &tached or attached residence on an individual lot. No more than two units may be attached together. (1) Dimensional requirements shall be as follows: (a) Minimumlot size: 3,750 square feet (b) Off-street parking spaces: 2 (c) Setback from state road: 20 feet (d) Setback from private road: 20 feet (e) Rear yard: 15 feet (f) Side yard: Zero lot line option may beused with this housing type. If chosen, the minimum dde yard shall be 10 feet for that yard opposite the zero lot line side. If not chosen, the minimum side yard shall be fiw feet on both sides. (g) When the attached option for the single-family shall lot housing unit is chosen, the minimum building spacing requirement shall be 10 feet. (h) Supplementary setbacks: [1] With the single-family shall lothousing type, decks may extend five feet into rear yard setback areas. [2] Where single-family mall lot housing abuts open space, decks may extend up to 12 feet into rear yard setback areas. [3] Front porches, stoops and steps may extend 12 feet into front yard setback areas. (2) Maximum building heights shall not exceed 35 feet in height. (3) Detached accessory buildings maybe permitted, not to exceed 20 feet in height, will adhere to the same side yard setbacks as the house, and will have the same rear yard setback as a deck. 0 • Modified townhouse. The "townhouse" is a single-family attached dwelling with one dwelling unit fi-om ground to roof, having individual outside access. Rows of attached dwellings shall not exceed 10 units and shall average no more than eight dwellings per structure. (1) Dimensional requirements shall be as follows: Minimum Average Off -Street Minimum Lot Area Lot Area Parking Lot Width (square feet) (square feet) Spaces (feet) 1200 1300 2.00 16 1400 1500 2.25 18 1600 1700 2.50 20 or larger (2) Minimumyards shall be as follows: (a) Front setbacks: [1] 20 feet from road right-of-way for front loaded garage townhouses [2] 20 feet from parking area, private street, or driveway for front loaded townhouses [3] 10 feet for rear loaded or rear loaded detached garage townhouses [4] 10 feet for non garage townhouses with offstreet parking (b) Side: 10 feet from lot line (end unit) (c) Rear: 20 feet from lot line (3) Minimumon-site building spacing: (a) Side: 25' between adjacent end units (b) Rear: 50' from rear building plane to adjacent rear building plane (4) Maximum building height shall be as follows: (a) Principle building: 35 feet (b) Accessory buildings: 20 feet (5) Minimumyard setbacks for garages (a) Side: 10 feet from lot line (end unit) for detached garage option (b) Side: 0 feet from interior lot line for detached garage option (c) Rear: 5 feet from lot line for detached garage option (6) Supplementary setbacks: (a) With the modified townhouse housing type, decks may extend 15 feet into rear yard setback areas. (b) Where modified townhouse abuts open space, decks may extend up to 15 feet into rear yard setback areas. (c) Front porches, stoops and steps may extend 6 feet into a 10 foot front yard • setback and 12 feet into a 20 foot front yard setback. • Elderly housing. Elderly housing are multifamily buildings where individual dwelling units share a conunon outside access. They also share a conunon yard area, which is the sum of the required lot areas of all dwelling units within the building. Elderly housing shall contain six or more dwellings in a single structure. Required open space shall not be included as minimum lot area. • (1) Maximum gross density shall be 45 units per acre. (2) Development requirements shall be as follows: Number of Bedrooms Efficiency 2 3 plus Off -Street Parking Spaces 1.50 2.00 2.25 2.50 (3) Maximum site impervious surface ratio (on lot) shall be sixty -hundredths (0.60). (4) Minimum lot size shall be one (1) acre. (5) Minimum yards shall be as follows: a. Front setback: i. Twenty-five (25) feet from road right-of-way. ii. Ten (10) feet from parking area or driveway. b. Side setback: i. Twenty-five (25) feet from perimeter boundary. c. Rear setback: i. Fifty (50) feet from perimeter boundary. (6) Minimum on -site building spacing shall be twenty five (25) feet. (7) Maximum number of dwellings units per building shall be (125) (8) Maximum building height shall be as follows: a. Principal building height: forty five (45) feet. b. Accessory buildings: twenty (20) feet. n U • NOTE: FOR ILLUSTRATIVE PURPOSES ONLY STEPHENSON VILLAGE ELDERLY HOUSING ILLUSTRATIVE Scale: NTS April 2002 • THE LAND PLANNING & DESIGN GROUP, INC. MODIFICATION #3 § 165-72D Commercial and industrial areas § 165-72M(3) Nonresidential land use phasing Ordinance Requirement: A minimum of 10% of the gross area of the project shall be used for business and industrial uses. The phasing plan for the development shall include a reasonable portion of the nonresidential uses in all phases of the development. Alternative Design. Standard: Elimination of the requirement for both business and industrial land uses in Stephenson Village; establish a minimum of 4% of the gross area of the project to be used for commercial land use; allow for the majority of the commercial land uses to be located in a defined commercial center instead of all phases of Stephenson Village. Justification for Modification: A minimum lot size of 100 acres is required for a residential planned community development. The provision of 10% of the gross area of the project for business and industrial land use would equate to a minimum of 10 acres to meet the ordinance requirement. A conservative FAR of 0.2 would equate to 60,000 square feet of industrial development on 7 acres of land and 26,000 square feet of commercial on 3 acres of land. This ratio would be reasonable if both industrial and commercial land use were proposed for the residential planned community. An industrial component is not planned for Stephenson Village, nor is an industrial component desired by the immediate outlying community. The required 10% minimum of the gross area of the project for business and industrial land use would account for approximately 82.2 acres within Stephenson Village to meet the ordinance requirement. This amount of acreage is not feasible for commercial land use alone; therefore, a sufficient amount of commercial land use to meet the needs of the residential planned community is important to determine. The market and economic analysis for Stephenson Village suggests that the maximum amount of commercial land use that can be sustained is 250,000 square feet. A developed FAR of 0.2 would require less than 29 acres (3.5%) to meet the 250,000 square feet of commercial development n Stephenson Village. Therefore, it is reasonable to expect a minimum of 4% of the gross area of the project to be utilized for commercial land use when industrial land use is not part of the residential planned community design. Furthermore, it is reasonable to plan for the majority of the commercial land use to occur within a defined commercial center within the community 9 in lieu of many smaller undefined commercial pods located within each phase of the residential planned community. Stephenson Village has been designed to provide for a defined commercial center that will accommodate a variety of commercial land use`s and serve the residents of this community, as well as the outlying community. The request to eliminate industrial land use; to establish a minimum of 4% of the gross area for commercial land use; and to establish a defined commercial center in lieu of requiring commercial land use in all phases of the residential planned community is reasonable. Stephenson Village would be required to provide for a minimum of 33 acres for commercial land use. This acreage would allow for the provision of a variety of commercial land uses that would provide convenient shopping, services and employment opportunities for the residents within Stephenson Village and the outlying community. The 33 acres would accommodate a maximum of 250,000 square feet of commercial land use, which is reasonable for a community of this size. • 0 MINIMUM REQUIRED GROSS AREA OF COMMERCIAL & INDUSTRIAL USES WITHIN PLANNED COMMUNITY GROSS AREA OF COMMERCIAL USES 3% QIEPHENSON VILLAGE �IMIYYIIlI I 1 �I II ■IYIY��Y�IY��OYiYYYIYYW�p�YY�I I�� WAIVER #3a SUPPORT GRAPHIC Scale: NTS April 2003 THE LAND PLANNING & DESIGN GROUP, INC. GROSS AREA OF INDUSTRIAL USES 7% 0 PROPOSED GROSS AREA OF BUSINESS USES WITHIN PLANNED COMMUNITY GROSS AREA OF BUSINESS USES 4% • OTEPHENSON VILLAGE WAIVER #3b SUPPORT GRAPHIC Scale: NTS April 2003 THE LAND PLANNING & DESIGN GROUP, INC. 0 MODIFICATION #4 § 165-72F Recreational facilities Ordinance Requirement: A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the planned community. Alternative Design Standard: A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the planned community. The value of one recreational unit shall be equivalent to the value of one recreational tot lot unit described in § 165-64B(1) of the Zoning Ordinance. Justification for Modification: Stephenson Village will provide the equivalent of one recreational unit for every 30 dwelling units developed in the entire community. The recreational facilities will include two recreational centers, a competition swimming pool, a linear park trail and pedestrian trail systems. The Applicant should be given credit for the value of these planned recreational facilities based on a formula that is the value of one recreational tot lot x the number of required recreational units to serve the entire community. The planned recreational facilities for the overall community and for the active adult community provides for year-round recreational opportunities for the Stephenson Village community that traditional outdoor recreational units do not. Therefore, it is reasonable to utilize the recreational unit value formula to meet the recreational needs of this community. • 0 E RECREATION VALUE EQUIVALANCY COMPARISON A single recreational unit is designed to meet the recreational needs of 30 dwelling units, which has a monetary value of approximately 17,000 dollars which may by adjusted to reflect the current value of a tot lot. The items listed below illustrate a methodology used to achieve the required overall recreational needs by assigning recreational units to the actual costs of the recreational facilities provided. The units may be broken into smaller units or added together to meet the needs of the total development. Following is alist of possible recreational facilities, which may be proposed at Stephenson Village and their associated monetary value. The actual cost of the items listed below may indeed differ± from these estimates at time of construction, but should compare similarly. 1 Tot Lot Unit Linear Park Trail (approx. 3,800 linear feet) Community Pool (6 lane 25 Meter Lap Pool) Clubhouse / Bath House Half -court Basketball Court Tennis Court (1 Court) STEPHENSON VILLAGE WAIVER #4 SUPPORT GRAPHIC Scale: NTS April 2003 THE LAND PLANNING & DESIGN GROUP, INC. = ± $ 17,000 (1 Rec. Unit) = ± $ 42,000 (2.45 Rec. Units) = ± $ 266,300 (15.66 Rec. Units) = ± $ 375,000 (22.06 Rec. Units) = ± $ 19,500 (1.15 Rec. Units) = ± $ 21,750 (1.28 Rec. Units) 0 MODIFICATION #5 § 165-72I Road access Ordinance Requirement: The planned community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. Alternative Design Standard: The planned community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation, excluding the street system serving the active adult community and private access drives serving no more than five single family dwelling units or ten single family dwelling units if the private access drive connects to two public streets. The minimum distance from a public street shall not apply in the active adult community provided that the lots are served by a road system that provides for multiple street intersections to enhance looping and provide for safe and efficient emergency access. The cross sectional base and pavement standard for private streets shall meet or exceed VDOT requirements, with the allowance of using a decorative cap on the private street to promote enhanced design. The cross sectional standard for private access drives serving limited single family dwellings shall include an 8" aggregate type I 21-B compacted base and a 2" SM-12.5A surface. � I* Justification for Modification: The active adult community in Stephenson Village is planned to be a gated community. Market analysis of active adult communities has identified a gated community as being very desirable for residents due to security and safety concerns. Creating a gated community necessitates the planning of a complete system of private streets, which has also been determined to be. very desirable for the residents of this type of community. The Applicant has met with the Office of the Fire Marshal to review private street design standards and private alley design standards for emergency access and has implemented those standards in the proffer statement. Furthermore, the Applicant has included a cross sectional base and pavement width standard that will meet or exceed VDOT standards. The alternative design standard also requires the design of the private street system to provide for multiple street intersections and looping to ensure that vehicular access is not limited and that good circulation patterns are provided. 'Therefore, it is reasonable to allow for a complete system of private streets within the active adult community that do not need to be a minimum distance from a public street as traffic circulation, appropriate construction standards and emergency service access have been considered. Instances will occur in the design of Stephenson Village where it is desirable to preserve stands of trees or other environmental features, maintain open views at the end of cul-de- sacs, and front houses towards main road systems. To accomplish these goals during design, it will be necessary to utilize private access drives to serve small numbers of . single family dwellings. Current ordinance requirements do not provide for this design flexibility; therefore, residential lots are designed to maximize public street frontage due to construction costs and density yields. Stephenson Village will be planned to account for the measures 'described in this paragraph, which will be beneficial in achieving these design goals and will serve as a model for other developments to follow. The cross sectional base and surface standards are consistent with VDOT standards for a subdivision street serving 450 vehicle trips per day. • • goo — r• fu 13 L. I c, S-(jzEF-T- 'poTe44'r AL, TEE SAS& ao' r�l�sr,/ ass �seriErl r fT spD l,oT N U �TEPHENSON VILLAGE WAIVER #5a SUPPORT GRAPHIC Scale April 2003 . Tyrie-At_ sFP F- AE, Lo-f THE LAND PLANNING & DESIGN GROUP. INC. • • ry-I vATE STF+ET SYsTE N VISTAHC-E. Mod F111HT A -"o �'o HT 15 A5 HtASd F-Ej7 ALoH(q -rHt STET &F-HTI;p--L4Ht f QLIAL.S 3300 FEET, STEPHENSON VILLAGE WAIVER #5b SUPPORT GRAPHIC Scale: April 2003 THE LAND PLANNING & DESIGN GROUP, INC. • • • - - - - - - --------------------------- IGoHe-P ITE. STEPHENSON VILLAGE WAIVER #5c SUPPORT GRAPHIC Scale: April 2003 THE LAND PLANNING & DESIGN GROUP, INC. • MODIFICATION #6 § 165-72M Phasing Ordinance Requirement: A schedule of phases shall be submitted with each proposed planned community. The schedule shall specify the year in which each phase will be completely developed. Alternative Design Standard: A detailed master development plan will be required to be approved by Frederick County for each development phase of Stephenson Village. If applicable, each development phase will be designed as a phase plan to ensure that a logical sequence of development occurs for the provision of roads, other infrastructure, and applicable open space and recreational facilities. It will be appropriate for multiple development phases to be under construction at any given time;'however, development phases that are designed as a phase plan must be completed in sequence. Justification for Modification: Stephenson Village is planned to contain a mixture of housing types that will be developed by multiple builders. Some development phases within Stephenson Village will contain only one type of housing, while other development phases will contain multiple housing products. The market will dictate the type of housing and the rate at which housing is completed within Stephenson Village; therefore, it is impossible to provide a schedule that identifies the year when each phase will be complete. However, it is reasonable to require a phase plan for larger development phases within Stephenson Village to ensure that larger phases in the community are developed accordingly so that road systems and other improvements are provided in a timely fashion. Frederick County will require each development phase, large or small, to provide a surety guarantee for all improvements identified on the final development plans. Therefore, the County has the ability to ensure that all development phases that are permitted are developed accordingly. 11 i MODIFICATION #7 § 165-72G(1) Buffers and screening Ordinance Requirement: Buffers and screening shall be provided accordingly as specified in § 165-37 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. Alternative Design Standard: The distances required for the road efficiency buffer along the major collector road serving Stephenson Village may be reduced in accordance with the attached matrix, provided that the described screening and landscaping measures are met or exceeded throughout the community. Justification for Modification: The ordinance currently requires the first 40 feet of the road efficiency buffer to be inactive and contain an opaque element that is six feet in height with three trees per 10 linear feet. It may be appropriate to reduce the inactive distance for the road efficiency buffer to some degree, provided that enhanced screening measures are provided including higher opaque elements such as decorative walls or a combination earth berm and wall and a planting scheme that enhances the attractiveness of the major collector road corridor. Stephenson Village desires to have the flexibility to utilize a variety of road efficiency buffer standards including those currently provided by ordinance and those in accordance with the attached matrix. 0 • Llunri^Te -T"6-r f.-A lsuiti�APE A¢,.', vAFIEs ts' n1 . >� v.�l5s u' h.,� I 'I PerErlTlnt 15' rd&Uc LITiUTY EAS-e "r PoTEri-rIAL Is' qiwa LMI-ITY EAt e.&r 31r{ore: OF LAr♦D�x^Pe AV -FA NIu, Ar A rIIrIlrldrl M, 2S' 'N WIDT141 rwoV1DE 10a FLAI`4r d4ITs FLAHT MATEFIAL Fob LAI{DStA PE Ai FA ro bE DETEWtrIED AT FINAL PP-oVIM A SIX f6T t11dId"Il 14E1614T YFUd LITILAvdf, AdY CMbIrIATI-H OF ermev, A -NIS CX14161T I$PFMDED fvR- ILLUSTRATIVE FU?-PoSES IHL'(. STEPHENSON VILLAGE "EXHIBIT W TYPICAL MAJOR COLLECTOR ROAD SECTION Scale: NTS March 2003 THE LAND PLANNING & DESIGN GROUP, INC. YLk- 00 UdW- FMI (M-IO{for 5 PLA&f rk,E91.1. r}o, T� ExcMP Soy CF PIA07 ur111c) srlFul3 HFDG,61 rtH F,1 FIAT-L , H-04r> -r- • MODIFICATION #8 § 165-68 Rezoning procedure Ordinance Requirement: In order to have land rezoned to the R4 District, a master development plan meeting all requirements of this chapter, shall be submitted with rezoning application. Alternative Design Standard: The provision of a proffered Generalized Development Plan for Stephenson Village to identify the concept of the overall acreage and its relationship to adjoining properties and adjoining roadways. The Generalized Development Plan for Stephenson Village will provide Land Bays to demonstrate the proposed general land use plan layout for the entire acreage. The Generalized Development Plan for Stephenson Village will also provide a matrix identifying the residential and non-residential land uses within each Land Bay, the projected acreage of each Land Bay and the percentage of housing unit types that are proposed to ensure that a mixture of housing types is provided. Justification for Modification: A residential planned community on 794.6± acres of land cannot be completely master planned as a condition of rezoning approval. These communities are dynamic due to the market; therefore, the exact location of residential units, internal roads, neighborhood commercial, recreational amenities, open space and significant environmental features are difficult to identify at this stage in the process. The Applicant should be prepared to identify basic information pertaining to the overall development of the residential planned community to inform decision makers and interested citizens how the general land use patterns and major road systems will be developed should a rezoning be approved. The use of a Generalized Development Plan as a tool for this purpose is reasonable, as it contains illustrative and general development information that can assist in understanding the basic concepts of a residential planned community and guide the more formalized Master Development Plan process following rezoning approval. Therefore, it is requested that a Generalized Development Plan be permitted to function in the place of a detailed Master Development Plan during the rezoning process. ; 0 MCC l�n� T RTE. 838 3.5 +/- ACRES AREA NOT TO BE REZONED MAJOR COLLECTOR ROAD 4 INTER PARCEL CONNECTIONS NOTE: THIS GENERALIZED DEVELOPMENT PLAN IS CONCEPTUAL AND FOR ILLUSTRATIVE PURPOSES ONLY. THE FINAL LOCATION OR ORIENTATION OF THE INDIVIDUAL LANDBAYS AND/OR THEIR ASSOCIATED COMPONENTS MAY BE SLIGHTLY ALTERED TO REFLECT MORE ACCURATE ENGINEERING. R C"p * �61TOWN ES � HIATT RUN III MAJOR COLLECTOR ROAD LAND 34 F44 , II COMMUNITY RECREATION CENTER /` 90 YERS 147 17 24 / WETLANDS INTERMEDIATE RAVINE CHANNEL t-ammoh,,L III G� OPEN SPACE HIATT RUN CORRIDOR ACTIVE ADLJLT J RECREATION CENTER IV .f V. LINEAR PARK TRAIL ------7 . os9jn WATT RUN w-j c LAND BAY BREAKDOWN LAND BAY LAND USE ACREAGE % RANGE OF HOUSING UNIT TYPES MIN. MAX. ELEM. SCHOOL 20 Ac. +/- NA NA 11 COMMUNITY PARK (6 baseball fields & 6 soccer fields) 24 Ac. +/- NA NA III MIXED RESIDENTIAL: 475 Ac. +/- ONVENIENCE COMMERCIAL/DAYCARE 7 Ac.+/- NA NA FD (Housing Unit Type 1,2,4,5, RP District SFD & Active Adult) 30 53 TOWNHOUSE (Housing Unit Type 6 & RP District Townhouses) 10 30 ULTiFAMILY: Condominiums, Elderly Housing, Housing Unit Type -Cottage House & RP District Duplex, Multiplex, trium, Garden Apartment & Active Adult) 7 30 IV ACTIVE ADULT: FD (Housing Unit Type 1,2, & 5) ultifamily (Condominiums, Elderly Housing, Housing nit Type 3-Cottage House) 126 Ac.+/- 30 53 COMMERCIAL CENTER (Retail, Offlce & Public Service Satellite Facility) NA NA SEE NOTES ADDRESSING ABOVE CHART IN PROFFER 3. USES, DENSITY & MIX OF HOUSING TYPES A. (2) (] A) Z ZZ _U -iZcn5 wQo0U I J � P0-rb(3z z z z 5 zz n DATE: SEPT 3, 2003 SCALE: 1"=1000' DESIGNED BY:IDS/JNT JOB NO. 2760C SHEET I OF 1 MODII+ICATION #9 § 165-133B Master development plan, contiguous land § 165-141A(8) Master development plan, contents § 165-141B(2);(4);(8) Master develop. plan, R4 contents Ordinance Requirement: The Master Development Plan shall include all contiguous land under single or common ownership in the R4 District. The Master Development Plan shall provide for a schedule of phases, with the appropriate location of phase boundaries and the order in which the phases are to be developed. The Master Development Plan shall provide for the acreage of common open space, each use, each housing type and streets for the total development; the number of dwelling units of each type in each phase for the total development, and the approximate boundaries and location of common open space for the total acreage of the site. Alternative Design Standard: The provision of a detailed Master Development Plan for Stephenson Village that is designed to reflect the acreage within the community that is planned for development by specific phase and provides an aggregate tabulation of all required development percentages to ensure that the requirements of the R4 District and the proffered Generalized Development Plan are met throughout the development of the Stephenson Village community. Justification for Modification: A residential planned community on 794.6± acres of land cannot be completely master planned at the onset due to the complexities associated with planning and design of the community and the uncertainties of what land uses will ultimately be developed in later years of the community's development. Each developed phase of a residential planned community is a "building block process" that will have an impact on the type and rate of development in ensuing phases of the community. Stephenson Village will be planned, designed and engineered continuously over the life of the development; therefore, the ability to meet the design requirements for the "total development" as specified by the County Code cannot be accomplished. A series of Master Development Plans will be prepared for Stephenson Village over the years that will provide aggregates to account for the community's growth and to ensure that all totals are either met or not exceeded. All required information, reviews and processes will be achieved for each Master Development Plan submitted for Stephenson Village; however, information for the total community will not be available until the project is much further along. The proffered Generalized Development Plan will serve as a guide to ensure consistency in the land planning process, as well as that the desired housing unit mixes and percentages are achieved for this community.