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HomeMy WebLinkAbout04-21 Orrick Commons PIN 55-A-201B - Red Bud RP to RP Revised Proffer - BackfileREZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List Fee & Sign Deposit _ Deed _ Plat/Survey _ Taxes Paid Statement 6- I File opened Reference manual updated/number assigned D-base updated cv - L - Z ( Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Scan documents to Planning S: drive Application Action Summary updated Scan additional items as needed (Project Planner to direct) l' f Planning Commission Meeting ACTION:A l Board of Supervisors Meeting ACTION: `i Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Z_ I Reference manual updated Z D-base updated Scanning updated Application Action Summary updated C a7 sa File given to Mapping to update zoning map a I a Zoning map amended Sys ID # REZONING APPLICATION #04-21 ORRICK COMMONS Staff Report for the Board of Supervisors Prepared: September 15, 2021 Staff Contacts: Candice E. Perkins, AICP, CZA, Assistant Dli*cctoi- Reviewed Action Planning Commission: 09/01 /21 Board of Supervisors: 09/22/21 Recommended Approval Pending PROPOSAL: To rezone 33.61+/- acres from the RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The property is located south of the intersection of Senscny Road (Route 657) and Greenwood Road (Route 656), west of the terminus of Farmington Boulevard (ROutC 1406) within the Lynnhaven Subdivision and east of the terminus of Farm ington BOUiCVard within the Steeplechase Subdivision. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/22/21 BOARD OF SUPERVISORS MEETING: The subject property is part Of the original Orrick Commons rezoning which was approved in 2006 for 22.06 acres of B2 (General Business) District zoning and 33.61 acres of'RP (Residential Performance) District zoning. The proffers for the 33.61 acres of RP are restricted to agC- restricted dwelling units. This requested rezoning only pertains to the 33.61 acres zoned RP as the improvements; the B2 properties will remain subject to proffers for the 2006 rezoning. It siloulcl be noted that a separate proffer statement for the RP parcel would not impact the overall development as the proffers for the B2 zoned properties have previously been completed. The site is located within the limits of the Sernseny Eastern Urban Area Land Use Plan Of the 2035 Comprehensive Plan. The Plan identifies this property with a residential land use designation; the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing/proposed zoning is generally consistent with the goals of the Plan. This rezoning proposes to revise the proffers pertaining to the dedication of park land and preservation of a pond. The 2006 rezoning proffered 3.5 acres to Frederick County as a park and a proffer that required an existing pond to be preserved within the park area. The approved and proposed proffer for the park area allows the area to count towards the required open space for the age -restricted residential development. Dedication of that land would also require approval from the Applicant and Frederic]( County; the Applicant would most likely be the Homeowners Association depending On the ultimate timing of the request. The Applicant with this amendment, is seeking to eliminate the requirement for the pond preservation and relocate the park (increased to 6 acres) to the southeastern portion Of the property. The Applicant has added a provision to the proposed proffer that would allow the area to be utilized for utilities, grading, as well as drainage and stormwalcr improvements associated with the development Of the Property. Any recreational improvements constructed by the Applicant within the park area shall be permitted to count towards the recreational amenities required by the Frederick County Zoning Ordinance for development of the Property. Rezoning #04-21 Orrick Commons September 15, 2021 Payee 2 It should be noted that this revised application does restrict the total number of units permitted on the Property to a maximum of 170 units — 122 single family (detached or attached) and 48 multi -family units. The approved proffer statement allows for the maximum density allowed in the Zoning Ordinance which could result ill ill) to 201 dwelling Units. The Planning Commission held a public hearing for this rezoning at their meeting on September 1, 2021 and ultimately recommended approval. The Planning Commission during their meeting discussed buffering along adjacent developments and the potential to relocate the park in lieu of removing it entirely. Following the meeting, the Applicant submitted revised proffers seeking to address buffering and a proposed relocation of the park. Staff would note concerns regarding the language in the proffers allowing improvements such as utilities and stormwater 1nlrastl'l1CtUl-C to be located within the park area. Following the required I mblic hearing a decision regarding this rezoning application bi, the Boars/ o Sul )ervisors would be aun•opriate. The JI)plicant should be prepared to adeauateh, address all concerns raised bi, the Board (,)f&1)eryisors. Rezoning 404-21 Orrick Commons September 15. 2021 Page 3 This report is prepared b), the Frederick Count), Planning Staff to provide information to the Pllnning Commission and the Board of Supervisors to assist them in making a decision oil this application. It nug also be useful to others interested ill this Zolling m(itter. Unresolved issues concerning this application are noted Iq stuffwhere relevant throughout this striff report. Reviewed Action Planning Commission: 09/01 /21 Recommended Approval Board of Supervisors: 09/22/21 Pending PROPOSAL: To rezone 33.61+/- acres from the RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The property is located south of the intersection of Senscny Road (Route 657) and Greenwood Road (Route 656), west of the terminus ofFarmington BOuICVard (ROutC 1406) within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within the Steeplechase Subdivision. MAGISTERIAL DISTRICT: Reel Bud PROPERTY ID NUMBERS: 55-A-201 B PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) District South: RA (Rural Areas) District East: RP (Residential Performance) District West: B2 (General Business) District RP (Residential Performance) District Use: Residential Use: Residential Use: Residential Use: Commercial/Vacant Use: Residential Rezoning 904-21 Orrick Commons September 15, 2021 Page 4 REVIEW EVALUATIONS: Vinzinia Dept. of Transportation: A VDOT review has been conducted for the Orrick Commons Residential Rezoning dated May 24, 2021. The documentation within the application to rezone this property appears to have little measurable impact on Route 656 (Greenwood Road) and Farmington Boulevard. These are the VDOT roadway which have been considered as access to the referenced Property. VDOT is satisfied the transportation proffer offered in the Orrick Commons Residential Rezoning application dated May 24, 2021 address transportation concerns associate with this request. Frederick County Public Work Department: A comprehensive review should occur at the submission of subdivision plan. We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Frederick County Park & Recreation Department: Parks and recreation recommends keeping the park concept, has no issue with moving the location. Proffer contribution should follow the current proffer impact model calculations. Frederick Water: Reviewed proposal dated May 5, 2021. No comment. Frederick -Winchester Service Authority: FWSA defers comments on sewer capacity and availability to Frederick Water. Frederick County Public Schools: As Orrick Commons will be retaining its age restricted status, FCPS offers no comments. County of Frederick Attorney: Please see attache(/ comments from Roclerick B. Willimns, County flttorne)- dated June 29, 2021. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this property as being zoned A-2 (Agriculture General). The County's agricultural zoning districts Nvere combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. On June 28, 2006, Rezoning #04-06 was approved which rezoned the property to the RP (Residential Performance) District with proffers. Rezoning #04-21 Orrick Commons September 15, 2021 Page 5 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, prescrvation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to guide the future development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be 111SUIlmental to the future planning efforts of the County. Comprehensive Plmr- Land Use The Senseny Eastern Urban Area Land Use Plan of the 2035 Comprehensive Plan provides guidance on the future development of t11c property. The Plan identifies this property with a residential land use designation; the property is also Nvithin the limits of the Sewer and Water Service Area and the Urban Development Area. The cxisting/proposed zoning is generally consistent with the goals of t11c Plan. 3) Proposed Proffer Amendments: Park Arm This request is seeking to revise the proffers pertaining to the dedication of park land and preservation of a pond. The 2006 rezoning proffered 3.5 acres to Frederick County as a park and a proffer that required all cxisting pond to be preserved within the park area. The approved and proposed proffer for the park area allows the area to count towards the required open space for the age -restricted residential development. Dedication of that land would also require approval from the Applicant and Frederick County; the Applicant would most likely be the Homeowners Association depending on the ultimate timing of the request. The Applicant is seeking to eliminate the requirement for the pond preservation and relocate the park (increased to 6 acres) to the southeastern portion of the property. The Applicant has added a provision to the proposed proffer that would allow the area to Utilized for 11t111ticS, grading, as well as drainage and sto1711watcr improvements associated with the development of the Property. Any recreational improvements constructed by the Applicant within the park area shall be permitted to count towards the recreational amenities required by the Frederick County Zoning Ordinance for development of the Property. Staff would note that the ncNv provisions for utilities, grading, drainage and stormwater improvements within this park space could greatly impede ally tUtlll-C plans for development should this park be dedicated to Frederick County for public use. Resickential Density The proposed proffers associated with this application would restrict the total number of units permitted on the property to a maximum of 170 units — 122 single family (detached or attached) Rezoning #04-21 Orrick Commons September 15, 2021 Page 6 and 48 multifamily units. The approved proffer statement allows for the maximum density which could restilt in tip to 201 dwelling units. 4) Proffer Statement: The revised proffers associated with this rezoning application are as follows; Proffer Statement — Dated May 5, 2021, revised September 7, 2021: 1. LAND USE: 1.1 Residential development shall be provided as a mixture of single family and 111L1I11-lallllly units. Development of the Properly shall not exceed a total of 170 dwelling units. Multi -family L1111tS shall ilot exceed 48 total Ulllts. The locatlolls Of the dwelling units on the Property shall be located as generally depicted on the GDP. 1.2 Except to the extent otherwise prohibited by the Virginia Bair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36- 96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road Rezoning #04-21 Orrick Commons September 15, 2021 Page 7 buffer areas, all of which buffer areas shall be located within easements to be granted to the I-IOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument, (v) responsibility for payment for maintenance of streetlights, and (vi) maintenance of.private streets. 4. WATER & SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of Prcdcrick Water. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT: 5.1 The Applicant shall preserve the existing intermittent stream channel located oil the Southeast portion of the Property. DiStUrbance of the stream channel shall be prohibited. (See 1 on GDP) 5.2 The Applicant shall provide a single row of evergreen trees planted a maximum often feet on center within a 10 wide landscape easement between any single- family residential lots constructed on the Property and existing single family lots adjacent to the property. Said trees shall be a nlininuun of four feet tall at time of planting, maintained by the i-IOA, and shall be bonded or installed prior to the issuance of an occupancy pe►-nlit for the 75°i dwelling unit constructed on the property. (fidded.fbIlowinfg the September P Planning Commission meeting) 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent Nvith the study entitled "A Traffic impact Analysis of the Orrick Property," prepared by Patton 1-1a1-1-Is Rust & Associates, dated October 11, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. 6.2 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calllllng measures acceptable to VDOT. (See 2 on GDP) 6.3 The Applicant shall construct an interconnected transportation network to connect the Property with the adjoining conlnlercial property, identified as Frederick County tax map parcels 55-A-201 F and 55-A-201 G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (See 3 on GDP) 6.4 Concurrent with the extension of Farmington Boulevard provided by Proffer 6.2, the Applicant shall Construct a sidewalkc connection fi-onl Farmington Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 on GDP). 7. DESIGN STANDARDS Rezoning 904-21 Orrick Commons September 1512021 Page 8 7.1 All facades orally multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; I-lardishinglc and/or I-Iarditrim, or material of comparable duality; Azek Trimboards or material of comparable duality; Fypon brackets and/or cornice details; stucco; glass. Any multi -family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.2 Any multi -family residential structures located on the Property shall incorporate bays and columned porches to more effectively relate to surrounding properties. PARKS AND RECREATION 8.1 The Applicant shall reserve all open space area for an approximately 6.0 acre park in the location depicted on the GDP. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. The park area shall be permitted to count towards the required open space for the Property and may be utilized for utilities, grading, as well as drainage and stormwater improvements associated with the development of the Property. Any recreational improvements constructed by the Applicant within the park area shall be permitted to count towards the recreational amenities required by the Frederick County Zoning Ordinance for development of the Property. (Added fbllowing the September I" Planning Commission meeting) Sniff Alote: The eoiisti'ttetioii ofittilities oi'stoi'miUtttei'.fticilities 1Vithni thepni'k splice eoitld grecrt�p impede finy future pkins for llevelopinenI shon/tl this park be lle(ficlited to Frederick Com p for public use. 8.2 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an occupancy permit for each dwelling unit. SOLID WASTE AND RECYCLING CONTAINERS 9.1 Location ol'solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures contained within fenced enclosures. 10. FIRE AND RESCUE 10.1 The Applicant shall contribute to the Board the sum of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 11. GENERAL GOVERNMENT The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit Rezoning 404-21 Orrick Commons September 15, 2021 Page 9 for general government purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 12. PUBLIC SAFETY 12.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 13. LIBRARY 13.1 The Applicant shall colltribUlc to the Board tllC Slilll of $3 1.00 per dwelling Unit for library purposes, payable upon the issuance of an occupancy permit for each dwelling Unlit. Staff Note - Monetary Prgfjf ,rs: Yi/ith this reNsion, the (ippliccitioii has ret(iined the 2006 111011C'lci1:}%pi'Ol�e1:4 pertcllning to Pcirks (ind Recreation, 1,ire rind Rescite, General Government, Public Sa/eh% and the Library. The prqlfer as cit rently cipproved provides fir $558 per dwelling unit. iVhile categories such cis the Libi-my and General Government are no longer eligible (for neiv proposals), the County's Capital Inyacls Model (CapIM) identifies an impac•i of $2, 086 per knit ($308/1mil fir Parks and $1, 778.1br Dire cn1Cl Rescue). 14. FUTURE ROAD IMPROVEMENTS 14.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of an occupancy permit for each dwelling unit. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/01/21 MEETING: Staff provided an overview of the application to the Planning Commission. The Commission inquired whether there had been discussions with the Applicant regarding the possibility to relocate the park instead of removal and whether wetlands were present on the site where the pond is located. Three citizens spoke during the public hearing and expressed concerns about drainage issues in the adjoining neighborhood, traffic and the neat for a stop sign and buffering between the development and the neighboring houses. Concern was expressed about the removal of mature trees along the property line between the developments. The Commission requested clarification on what buffers would be necessary between the developments. Staff noted that there is not a requirement for a buffer as the housing types are similar; the perimeter of the development would contain single family which is similar to adjoining uses. Installation of a stop sigh within the development was discussed and whether it would be possible. Staff explained that a stop sign should not be a component of the proffers as it would be ultimately up to VDOT to decide if it would be permissible. Mr. Patrick Sowers of Dave Holliday Construction, Inc., representing the Applicant noted that the pond Rezoning 904-21 Orrick Commons September 15, 2021 Page 10 is located at the high point of the development and any development would ensure that drainage fi-om the site would not impact adjoining properties. Regarding landscaping and existing vegetation, the Applicant noted that until the development is designed, they cannot determine the extent ofthe removal of the existing vegetation. The Commission inquired if the Applicant would be willing to provide a buffer between the developments, either trees or a fence; the Applicant stated that they would consider some form of buffer between the developments. The Applicant was asked ifthey had discussed with Parks and Recreation another option instead of removal of the park; the Applicant stated that they would be willing to relocate the proposed park to another location on the site. A motion was made, seconded, and passed to recommend approval of RCZ #04-21 for Orrick Commons with amendments from the Applicant regarding buffers and relocation of the park. Following the required public hearing, a decision r'egm-ding this rezoning application by the Board of Supervisol•s would be appropriate. The Applicant should be prepared to adequutelt� address all concerns raised btu the Board of'Supervisors. 200 IEA . 1997SENY RD 2003 j D j AMU", LN 55 A 2018 LN 4t SE 1.4 RD IRO 2097 SEWN RD SENSENYY RD SENSE14Y P D SENY, RD 03 SENSENVIND SENSENY Rn SERWEN4 SENSENY RE I I MAL TEAURRY"oft IEARE ;W.1-2'20 4 It -oft 122 TE ABERRY DR TE) .. 103 -, P L_ILYS 4WA BLUEBELL CT •WAY 436 . PAYS 202 :W,Y LADYSLIPPER DR: it ILUESELL CT 204 W. .,j T LADVSLIPPER DR ^I 107 TEABE R %y, sl 215 LADYSUPPERIDR. NE, -::!r 103 � NESCLIFFi 401. FARMING KVD 4004 402 FARMINGTON BL& FARMINGTON 81 VD 404 'FARM • ,, . FARMINGTON B SESAR C KVD 120 4.4 SESAR I CT 116 FAR) SESAR Ci 112 ;2;- % f SESAR I SESAR ; SESAR CT- 9 SES • Es AR CT 11SFSAR 6T .,z 7 3 SESAR'CT SESAR CT SESAR lOf SRSAi emmm bUD( I)lhi `�,, GR P7 T v newer ana vvarer oerv—area Long Range Land Use ?� Urban Center Residential. 4 Wa Fredenck County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 700 Feet Mnn CrPntPcl Auouat 16. 9091 Onrck Commons Retidenlial Proffer Slaleaweul PROFFER STATEMENT RE -ZONING: RZ. #: RP (Residential Performance) to RP (Residential Performance) 33.61 acres +/- PROPERTY: 33.61 Acres +/-; Tax Map Parcel 55-A-201B (the "Property") RECORD OWNER: DAVE HOLLIDAY CONSTRUCTION, INC. APPLICANT: DAVE HOLLIDAY CONSTRUCTION, INC. PROJECT NAME: Orrick Commons Residential ORIGINAL DATE OF PROFFERS: May 5, 2021 REVISION DATE(S): August 5, 2021; September 7, 2021 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers arc contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board'D decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming die decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" dated April 12, 2021 revised September 7, 2021 (the "GDP"), attached hereto and incorporated as part of this Proffer Statement, and shall include the following: Page 1 of 6 Orrick Commons Residential Proffer Slalemenl 1. LAND USE: 1.1 Residential development shall be provided as a mixture of single family and multi -family units. Development of die Property shall not exceed a total of 170 dwelling units. Multi -family unts shall not exceed 48 total units. The locations of the dwelling units on the Property shall be located as generally depicted on the GDP. 1.2 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and offier applicable federal, state, or local legal requirements, all dwelling uluts shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA'� that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (1) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located witlun casements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument, (v) Page 2 of 6 Orrick Commons Residential Proffer Statement responsibility for payment for maintenance of streetlights, and (vi) maintenance of private streets. 4. WATER & SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of Frederick Water. The cost of all water and sewer improvements will be borne by the Applicant. ENVIRONMENT: 5.1 The Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Property. Disturbance of the stream channel shall be prohibited. (See 1 on GDP) 5.2 The Applicant shall provide a single row of evergreen trees planted a maximurn of ten feet on center within a 10 foot wide landscape easement between any single family residential lots constructed on the Property and existing single family lots adjacent to the Property. Said trees shall be a minimum of four feet tall at time of planting, maintained by the HOA, and shall be bonded or installed prior to issuance of an occupancy permit for the 75' dwelling unit constructed on the Property. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TIA'�. The Applicant shall privately fund all transportation improvements required of this project. 6.2 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) 6.3 The Applicant shall construct an interconnected transportation network to connect the Property with the adjoining commercial property, identified as Frederick County tax map parcels 55-A-201F and 55-A-201G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (See 3 on GDP) Page 3 of 6 Onic,C CoiivNotis Residenlial Proffer Stateniew 6.4 Concurrent with the extension of Farmington Boulevard provided by Proffer 6.2, the Applicant shall construct a sidewalk connection from Farmington Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 on GDP). 7. DESIGN STANDARDS 7.1 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; I Iardishingle and/or Harditrim, or material of comparable quality; Azek Trimboards or material of comparable quality; Fypon brackets and/or cornice details; stucco; glass. Any multi- family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.2 Any multi -family residential structures located on the Property shall incorporate bays and columned porches to more effectively relate to surrounding properties. 8. PARKS AND RECREATION 8.1 The Applicant shall reserve an open space area for an approximately 6.0 acre park in the location depicted on the GDP. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. The park area shall be permitted to count towards the required open space for the Property and may be utilized for utilities, grading, as well as drainage and stormwater improvements associated with development of the Property. Any recreation improvements constructed by the Applicant within the park area shall be permitted to count towards the recreation amenities required by the Frederick County Zoning Ordinance for development of the Property. 8.2 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an occupancy permit for each dwelling unit. SOLID WASTE AND RECYCLING CONTAINERS 9.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 10. FIRE AND RESCUE 10.1 The Applicant shall contribute to the Board the sum of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an occupancy permit for each dwelling unit. Page 4 of 6 Oaick, Conrnlons Residential Proffer.Slatement 11. GENERAL GOVERNMENT 11.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 12. PUBLIC SAFETY 12.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 13. LIBRARY 13.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 14. FUTURE ROAD I V PROVEMENTS 14.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling utut for future improvements to Senscny Road and Greenwood Road, payable upon the issuance of an occupancy permit for each dwelling unit. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 5 of 6 017*k' Colimmir Resideulial ProfferSlalemenl Respectfully submitted, Dave Holliday Construction, Inc. Titl STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing insttumer, was acknowledged before me this _L`cay of � ,L . 021, by c. My comI ion expires Notary Public Nancy Tilson Sinback NOTARY PUBLIC Commonwealth of Virginia Reg. #7292148 My COmmisslon Expires 12/31/2022 Page 6 of 6 0/7%Ck- Commons Rel/C%nilnl Proffer S'intenen/ PROFFER STATEMENT REZONING: RZ. #: RP (Residential Performance) to RP (Residential Performance) 33.61 acres +/- PROPERTY: 33.61 Acres +/-; Tax flap Parcel 55-A-201B pil(the "Property") RECORD OWNER: DAVE HOLLIDAY CONSTRUCTION, INC. APPLICANT: DAVE HOLLIDAY CONSTRUCTION, INC. PROJECT NAME: Orrick Commons Residential ORIGINAL DATE OF PROFFERS: AFay 5, 2021 REVISION DATE(S): August 5, 2021, September 7, 2021 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include ",]thin its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" dated April 12, 2021 revised September 7, 2021 (the "GDP"), attached hereto and incorporated as part of this Proffer Statement, and shall include the following: Page I of 6 Orrick Common Residewial Pr(ffier Slatenew 1. LAND USE: [P-'1 1.1 Residential development shall be provided as a mixture of single family and multi -family units. Development of the Property shall not exceed a total of 170 dwelling units. Multi -family units shall not exceed 48 total units. The locations of the dwelling units on the Property shall be located as generally depicted on the GDP[P3]. 1.2 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. 4 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. [P4][P5] 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer. Statement as approved by the Board. 3. CREATION OF HOTMEO\\rNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other. responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for. (1) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument, (v) Page 2 of 6 01rick Conanow Residential Proffer 9aleniew responsibility for payment for maintenance of streetlights, and (vi) maintenance of private streets[P6]. 4. WATER & SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water" and sewer infrastructure shall be constructed in accordance with the requirements of Frederick Water[P7l. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT [Ps) 5.1 The Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Property. Disturbance of the stream channel shall be prohibited. (See 1 on GDP[Pg]) 5.2 The Applicant shall provide a sinhle row of evergreen trees planted a maximum of ten feet on center within a 10 foot wide landscape easement between any single family residential lots constructed on the Property and existing single family, lots adjacent to the Property. Said trees shall be a minimum of four feet tall at time of planting maintained by the HOA, and shall be bonded or installed prior to issuance of an occupancy- permit for the 75" dwelling unit constructed on the Property.fPiol 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. [Pi i]6.2 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) [PI2][P13]6.3 The Applccant shall construct an interconnected transportation network to connect the Property with the adjoining commercial property, identified as Frederick County tax map parcels 55-A-201 F and 55-A-201 G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (See 3 on GDP[Pia]) Page 3 of 6 017-ick Commmnu Residenlial Plr,&.Slaleaienl 6.4 Concurrent with the extension of Farmington Boulevard provided by Proffer 6.2, the Applicant shall construct a sidewalk connection from Farmington Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 on GDP[P151). [P16]1P17j1Pis]7. DESIGN STANDARDS [P19] [M]7.1 All facades of any, multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Flardishingle and/or 1-larditrim, or material of comparable quality; Azek Trimboards or material of comparable quality; Fypon brackets and/or cornice details; stucco; glass. Any multi- family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.2 Any multi -family residential structures located on the Property shall incorporate bays and columned porches to more effectively relate to surrounding properties. [P21] 8. PARKS AND RECREATION 8.1 P22]Thc Applicant shall reserve an open space area for an approximately, 6.0 acre park in the location depicted on the GDP At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County, for use by, the general public. The park area shall be permitted to count towards the required open space for the Property and may, be utilized for utilities, grading, as well as drainage and storrnwater improvements associated with development of the Property. Ant recreation improvements constructed by the Applicant within the park area shall be permitted to count towards the recreation amenities required by the Frederick Count- honing Ordinance for development of the Property\IP231. 848.2 rP241The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an occupancylP251 permit for each dwelling unit. [P26]IP27][P2S] Page 4 of 6 OIrKk- ConlIllow Residential Proffer Shrtennia 9. SOLID WASTEAND Rl CYCI_lNG CONTA1NlRS 9.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 10. TIRE AND RESCUE 10.1 The Applicant shall contribute to the Board the sum of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an occupancy perm1t[P29] for each dwelling unit. 11. GENERAL GOVERNMENT 11.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of an occupancy[P30] permit for each dwelling unit. 12. PUBLIC SAFETY 12.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of an occupancy[P311 permit for each dwelling unit. 13. LIBRARY 13.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of an occupancy[P321 permit for each dwelling unit. 14. FUTURE ROAD II,IPROVEi\-TENTS 14.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of an occupanc5gP331 permit for each dwelling unit. [P34][P35][P36] Page 5 of 6 Onil-,(: CON11/0IIJ Rtlidlll ird Pro(%ir.1'Inlrin�nl SIGNATURE'S APPEAR ON ITI , FOLLOWING PAGES Respmfully submittal, Dave 1-I011icla}' C=onstruction, Inc. Title: STATE 0 F VIRGINIA, AT LARGE' IiREDERICK COUNTY, To -wit: Page 6 of 6 0/7-h-k C.i uiuiar.r RCSidr•nlinl Pro %i r .S lr�lruir n/ of The forcgoing instrument was acknowledgcd bclOrc me this , 2021, by Nly commission czpires l'Otal'\' Public day Page 7 of 6 Omrk ConuuonJ jky&nhal Prn&rStalenirel PROPOSED PROFFER STATEMENT REZONING: R"/_. #: R-A-Rp (p��-� ' tr„ ,kreeiisResiclential performance) to RP (Residential Performance) 33.61 acres +/- 1'ROI'I RTI': 5 .6'0833_61 Acres +/-; Tas \lap Parcel 55-A-201 B (the "Property") RECORD OWNER: .DAVE HOLLIDAY CONSTRUCTION, INC. APPLICANT: DAVE HOLLIDAY CONSTRUCTION. INC. PRO)I.:CT NA,\IL:: Orrick Commons Residential ORIGINAL DATE OF PROFFERS: D _enibea, • ""' \lay 5. 2021 REVISION DATF_(S): , 2006 Niareh_ , _ , 24, 2006 j eme Auyntst 5. 2021; _ _, _ Septern er %, 202 1 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP - d 142 onditional rezoning is not granted as applied for by the applicant ("Applicant'), these proffers shall be deemed withdrawn and shall be null and void. further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board') decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference onh• and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. \\'hen used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" dated " •"•"'-"' 15 ^"'"April 12. 2021 revised -.Nk '�6September Page I of 96 Commented [P1]: This Proffer Amendment deals only with the RP zoned (Residential) portion of Orrick Commons Omrh Conimonf Rrxnfrraral Pi�#rr. talextul 2021 (the "GD13") attached hereto and incoQ)orated as part of this Proffer Statement. and shall include the follomring. I -AND USE: 4-?1.1 Residential development shall be provided as a mixture of single family and multi -family units Development of the Property shall not exceed a total of 170 dwelling units. ' if • -Mill will h a:...,.....t 1)y !he �. \Multi -family units shall not exceed Oft total units. The locations of the single Atlilily units --id i' i r: "4r-utii"-dwellinlr units oil the Properry shall be located as generally depicted on the GDP. a-:31.2 Except to the extent other\vise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant \vith respect to the residential portion of the Property, and any Homeowners' Association created \vith respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. spitee its indieited on Elie GOP. 2. CONDITIONS PR1:C1 DINT TO TI-IF" ISSUANCL' OF PLRndITS AND PLAN APPROVAL& 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. 3. CR.FATION OF HOi\f1:;OWNLRS' ASSOCIATION: Page 2 of 96 Commented [P21: Proffer removed as it is specific to the adjoining commercial property. Commented [P3]: Proffer added to (i) limit development to a maximum of 170 dwelling units instead of 201 units currently permitted, and (ii) limit total number of multi- family units to 48. Areas for each housing type are more fully described by the proffered GDP. Commented [P41: Proffer removed as it is specific to the adjoining commercial property. Commented [PS1: Proffer removed as it is specific to the adjoining commercial property. On7rk Commons Rwdrntiv% 11rngn-3laieuiru! 4. 5. 3.1 'rhe residential development shall be made subject to a homeowners' association (hereinafter "I-IOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County- or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such I-IOA herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (i) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (w) responsibility for die perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within casements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the I-IOA by appropriate instrument, *Vid (v) responsibility for payment for maintenance of streetlights an vi maintenance of nriyate streets. \VATL R & SEWER Commented [P6]: Clarifies HOA's maintenance responsibilities for private streets within the development 4.1 1-he Applicant shall be responsible for connecting the ProperIN, to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the —Frederick Cotmey--S. nititiA,3 .AuEharky\Vater. T'he cost of all water and sewer improvements will be Commented [P71: Proffer updated to reflect Frederick borne by the Applicant. I Water as current entity name for water and sewer. ENVIRONMENT: . z . m the ' . _ file-3-tal}hear re atlt '' Ift". -'1E the E; ile n S.2l The tppliemlt 511, Idl pfeserwe . prt�ltil>ieec�`I'he s\uhlicant shall �reserye the esisrinp inrcrmirrent stream channel located on the Southeast portion of the Property,. Disturbance of the stream channel shall be prohibited (See 1 on_CllPI 5' 1lhc Applicant ch111 provide a single row of evergreen trees planted a maximum of fen feet on center within a 10 foot wide landscape easement between any single family residential lots constructed on the Property existing single family lots adjacent to the Property. Said trees shall be a Page 3 of 9,6 Commented [P8]: Proffer removed as compliance with current stormwater management regulations will require BMP for the site. Commented [P9]: The tree save area proffer was specific to the adjoining commercial area. The stream preservation area is a newly proposed proffer based on existing site conditions and the layout proposed by the latest GDP. On7fk Conrmonr RnI&Wlal PmfJrr.lra/rarru/ minimum of four feet tall at time of planting, maintained by the JJQA. and chill be bonded or installed prior to issuance of an occupancy permit for the -15" d%velling unit constructed on the hopero% 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent .with the study entitled "A Traffic Impact Analysis of the Orrick Property," Prepared by Patton Harris Rust & Associates, dated October 11, 20115 (the "TIA'). The Applicant shall privately fund all transportation improvements required of this project. I 1.41 eo-sft I f 1 c I<t I 'cl fcr fen flit -Tiiio�7f `veil y lko,td. im' Ytglit f Wftys. 6.42 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupant)' for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) ,+ cSerwerty .. iAft�--i-ricc;;iF 1-1 6.63 The Applicant shall construct an interconnected transportation network to connect the 142 Iffid no ..._..e_t ._,...EiOn.fthe—Property with the adioinin[; commercial properry, identified ac Frederick County tax mat parcels 55-A- 20IF and 55-A-201G for both vehicular and pedestrian traffic. Said flit nis!ifea- eNelc>H 1 I nsys!emli -wit _k_ .I_. ..foul.__, r _ Vytr,,1.1 of the Rrrpe+-Ey. aconnection • Page 4 of 96. Commented [P10l: This proffer provides fora landscape buffer between proposed single family dwellings and existing single family dwellings on adjoining parcels. This buffer is not otherwise required by the Zoning Ordinance or by the existing proffers for the project. Commented [P111: Proffer removed as it is specific to the adjoining commercial property. Commented [P121: Proffer removed as it is specific to the adjoining commercial property. Commented [P13): Proffer removed as it is specific to the adjoining commercial properly. Onirk Commom Restdrnfia hrrffrr,S/nlrrnrrU 4 the-RrePet-tt-shal] be made in the location depicred on the GDP. (See 42 on GDP) 6.'4 ivvoo Rf),kt1 t a t t - e ' rRO � r th rrtrtierettrl j�c�tY�� »-tr�r��rt3ertistl buildin ..Concurrent with the extension of FarminWon Boulevard provided by Proffer 6 the Applicant shall construct a sidewalk connection from Farminkton Boulevard to the existing sidewalk along exisrinp Lnd}•slipper Drive. (See 4 on GDP). DI. -,SIGN STANDARDS i All buildings within Elie eomiiiiiet-eiti avett of the Preipevey `elements ..i_..n t_c meter. of the m-elikeeitti-A W36e 11--d-14y. 'Phe t" nnriio d Page 5 of 9G Commented IP14]: Proffer re -worded to reflect that the proposed interparcel connection proffer is specific to the subject Property and not the adjoining commercial area. As proposed, the interparcel connection will align with the existing access casement on record in the commercial area, consistent with the existing proffers. Commented INS]: The Senseny and Greenwood transportation improvements have been removed as they are specific to the commercial property. The addition of a sidewalk connection from famtington Blvd to Ladyslipper Drive is an addition associated with this proposed proffer amendment. Commented IP16]: Proffer removed as it is specific to the adjoining commercial property. Commented IP17]: Proffer removed as it is specific to the adjoining commercial property. Commented IP18]: Proffer removed as it is specific to the adjoining commercial property. Omrk Conrnrnnt Rrrrdrnlral Prnffrr.11n1nnrrrl . t,t3ther ilk.l?Prii lie rmiliri3tfeti _t all _t t_ .:td. -family residential structure located on the Property '.11 All facades of an? multi shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Flardishingle and/or hlardimim, or material of comparable duality; Arek Trimboart s or material of comparable u u�; Fvpon brackets and/or cornice details; stucco; glass. Ant, multi- family residential building constructed on the property shall utilire a mixture of building materials in an effort to relate to the surrounding area. 7.42 Any multi -family residential struerures located on the Property shall incorporate , ... , bays; and columned porches to more effectively relate to surrounding properties, PARKS AND RECRI ATION 8.1 The Applicant shall reserve an open si ace area for an approximately 3-56_0 acre park in the location depicted on the GDP Property.die residenti'd porititli of the Nrlt shitil—im'Facle-w ri}+rtir33tn ; {—At such time that both the Applicant and the Board find it to be in the best interest of the Counry, said park may be dedicated to the County for use by the general public. The park area shall be permitted to count towards the required open slaace for the Property and may be utilized for utiliries. grading. as well as drtin Ve and stormwater improvements associated with development of the Property. Any recreation improvements constructed by the Applicant within the park area shall be Permirted to count towards the recreation amenities reouired by the Frederick Count' Zoning Ordinance for development of the Proper,_. _ and Reerealioti setndtrds in lieti 4,,iitleevftl4 -A4t ttg she of ta3nunetei�tl E3tailtaio� y Page 6 of 96 Commented [P19]: Proffer removed as it is specific to the adjoining commercial property. Commented [P20): Proffer removed as it is specific to the adjoining commercial property. Commented [P21]: The development concept for the project 15 years ago planned for a single L-shaped apartment building with 87 dwelling units. As the proposed proffer amendment now provides for fewer multi -family units and the intent is not to provide for a single, L-shaped building, the "non-synnmcu•ical massing" language has been removed. As the referenced Exhibits were specific to a product for a previous applicant, the reference to those Exhibits has been removed. Commented (P221: The open space/park area has been shilled from the west side of the site to a larger bay of open space on the east side of the site (3.5 acres vs 6.0 acres) to incorporate the existing ephemeral stream located on the Property. 'rhe Applicant intended to remove this proffer entirely, but in response to comments made at the 9/1/21 Planning Commission meeting, the Applicant has included the potential for the park space to be dedicated to the County at a future date should the County and Applicant (likely the future HOA for the development at that time) agree. On7rh CaP;MWIS IZf!(ldflItIal hrin r S/alenzeal provide for �t s.t'- Commented [P23]: Proffer removed as it is specific to the adjoining commercial property. 838.2 'Ihe Applicant shall contribute to the Board the sum of S248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an buddin-oeeupanc - permit for each dwelling unit, Commented [P24]: All monetary proffers revised to reflect trigger of occupancy permit for monetary proffers, n r t('r_rrr NG nr .m X consistent with the Code of Virginia. be milis-Efl with . _, feet high ttsing Full etitsoff 193113911E9c Commented (P25]: Proffer removed as the Zoning Ordinance requires full cut-off fixtures and prohibits mn 8 i G N k G i floodlighting. mile 5E0011 veial sigmlqge .g gtis shrill Commented (P26]: Proffer removed as it is specific to time adjoining commercial properly. Commented (P27]: Proffer removed as it is currently a requirement of the Zoning Ordinance. 449. SOLID WASTE AND RECYCLING CONTAINERS 8,49.1 Location of solid waste and rccvcling containers, utility equipment storage will be contained within fenced enclosures. 4-310. FIRE AND RESCUE 8--a-I0.1 The Applicant shall contribute to the Board the sum of S166.00 per chvelling unit for fire and rescue purposes, payable upon the issuance of an 6timselin acjcupancv permit for each dwelling unit. Commented IP281: All monetary proffers revised to reflect trigger of occupancy permit for monetary proffers, 4-31 1. Gil:\ L' Rt1L GOVERN IENT consistent with requirements of the Code of Virginia. 43H.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of an buildin �--oxcupancv permit for each dwelling unit. Commented [P29]: All monetary proffers revised to reflect trigger of occupancy permit for monetary proffers, [consistent 4-412. PUBLIC SAFETY with requirements ofthe Code ofVirginia. 12.1 The Applicant shall contribute to the Board t.hc sum of $76.00 per dwelling unit for public safeq- purposes, parable upon the issuance of an hct+4� oecupang): permit for each dwelling unit. Commented (P30]: All monetary proffers revised to reflect trigger of occupancy permit for monetary proffers, consistent with requirements of the Code of Virginia. Page 7 of 96 Omrk Connront Rrtrrlrnha/ 1'rr�rrSlnlrnirn! 41,513. LIBRARY 13.1 the Applicant shall contribute to the Board the sum of 531.00 per dwelling unit for library purposes, payable upon the issuance of an 1a,"441g-ocettpancN' Commented [P31]: All monetary proffers revised to permit for each dwelling unit. reflect trigger ofoccupancy pemhit for monetary proffers, consistent with requirements of the Code of Virginia. 4-614. r:u-ruRE_ ROAD INIPROVIriNIEN,rs 14.1 the Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of an I3eiik4imig-occupann' permit for each Commented [P32]: All monetary proffers revised to dwelling unit. reflect trigger ofoccupancy permit for monetary proffers, consistent with requirements of the Code of Virginia. Commented [P331: Proffer removed as the GDP shows all interparcel connection proposed as part of the development. Commented [P34]: Proffer removed as it is specific to the adjoining commercial property. Commented [P3S]: Proffer removed as it is specific to the adjoining commercial property. Page 8 of 9G Onirk Camurau Hrtidndial Pm(frr S/a/r/m 9/ SIGNATURES APPEAR ON'TIiE I'C)I.LOWING PAGES Respectfully submitted, 0 Title: Prtiek-C-ettiett rtA E ettil)-,irtyDa\,c I l0llidac C011SI action, Inc. Page 9 of 90 017irk Cornrsoarr Rrndrna,r/ Illn'grr,l'/alrrmu/ SPATE CAP VIRGINIA, AT LARGE I-'RIiDIiRICIII- COUNTY, lfo-wit: The foregoing insnutncnt was acknowledgcd before me this clap of , 20002021, b%. \1}• commission expires Notary Public 1'2.1ni stirit-Dtvc4epniti t-G)tporstion BI - Page 10 0f 90 017irk Comn;mrr Rrndnrl6d I'mIle Ylalrnnal The rjle t, �chty N V-C-O ]?1Nritifoiilfti at��ec e{tflljj:t�l�rrtiEter}; Page I I of 9G a] September 8, 2021 Candice Perkins, AICP Deputy Director Department of Planning and Development Frederick County 107 North Kent Street Winchester, VA 22601 RE: Orrick Commons Residential — Proffer Amendment Revisions Dear Mrs. Perkins, Please find attached the following revised application materials for the Orrick Commons Residential Proffer Amendment: 1. Revised Proffer Statement dated September 7, 2021 2. Redlined version of revised proffer statement compared with existing approved proffers for the project 3. Redlined version of the revised proffer statement compared with the August 51h version, as presented to the Planning Commission, to show only those changes made in response to comments made at the September 1st Planning Commission meeting 4. Revised GDP dated September 7, 2021 In response to comments made by the Planning Commission, the attached revised proffer statement and GDP provides for (i) an evergreen buffer between any new single family lots proposed within the project and existing single family lots on adjoining parcels and (ii) a park reservation area, approximately 6.0 acres in size. Should the Applicant and Board of Supervisors agree at a future date, this area will be dedicated to the County for use as a public park. If you have any questions or would like to discuss further, please feel free to contact me at (540) 336-3333. Sincerely, Patrick Sowers Director of Land Development 420 W. Jubal Early Drive, Suite 103 • Winchester, VA 22601 • Ph: 540-667-2120 • Fx: 540-667-5414 Action: PLANNING COMMISSION BOARD OF 5t1PI:RViSORS AMI?NllMENT May 3, 2006 - Recommended Approval .Tune 28, 2006 U APPROVL-D ❑ DEN11:D AN ORDINANCI AMENDING THE ZONING DISTRICT MAT' REZONING 404-06 OF ORRICK CEMETERY, INC. WHEREAS, Rezoning 904-06 of Orrick Cemetery, Inc., submitted by Patton I-Iarris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to 132 (General Business) District with proffers, for Mixed Use Commercial/Residential, was considered. "I'he property is located on the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number- (PIN) 55-A-201. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 3, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 24, 2006, and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the I-rederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to 132 (General Business) District with proffers, for Mixed Use Commercial/Residential, 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 a 17-06 This ordinance shall be in effect on the date of adoption. Passed this 28th day of June, 2006 by the following recorded vote: Richard C. Shickle. C'hamnan Aye Barbara E. Van Osten Aye Gary Dove Aye Lull M. 1"wing Aye Gcnc l�. fisher Aye Charkc s S. Dcl laven. Jr. Aye Philip A. Lemieux Aye_ A COPY ATTEST John 1 . ilcy, Jr. ^ Frederick County Administrator 1'DRcs 1117-06 Orrick Cozznio„ j Prs�, r 5:.:;u;rrI PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA (Rural Areas) to RP (Residential Performance) 33.61 acres +/ and B2 (Business General) 22.06 acres +/- PROPERTY: 55.6708 Acres -r-/-; 'Tax Map Parcel 55-A-201 (the "Property") RECORD ONXINER: Orrick Cemetery Company, Inc. APPLICANT": Paramount Development Corporation JUN 9 2M6 PROJECT NAME: Orrick Cn. morons ORIGINAL DATE OF PROFFERS: December 6, 2005 REVISION DATE(S): February 13, 2006 March 22, 2006 April 13, 2006 May 12, 2006 May 24, 2006 June 2, 2006 Tie undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be iii strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP and B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is ui effect on the day followuig the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to subnut development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order aff m-drig the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otheraVise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors iir interest. Wien used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons" dated November 15, 2005 revised May 12, 2006 (the "GDP"), and shall include the following: Pagc 1 of 9 UM'CJ' COMMorl 1'r rS:a:c .. LAND USE: 1.1 Commercial development on the Property shall not exceed a n-La ximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi -family units, the rrdyture of which will be dictated by the Frederick County Code. The locations of the single family units and multi-fairri.ly units shall be located as generally depicted oil the GDP. 1.3 Except to the extent otherwise prohbited by the Virginia Fair Housing Law, the Federal Fau- Housing Law, and other applicable federal, stage, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Arai. � 36-96.7, or a survivurg spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restnctive covenant with respect to the residential portion of the Property; and any Homeowners' Association created with respect thereto sliall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one surgle and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Proffer Statement as approved by the Board. CREATION OF HOAEOWNERS' ASSOOATiON: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "I IOA") that shall be responsible for the ownership, maintenance and repair of all cornnion areas, including any conservation areas that may be established in accordance here Arith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such I-IOA herein. Page 2 of 9 Umrk Lommonj 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (1) all common open space areas, (i) cornmon buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for Lie perpenial maintenance of any street, Perimeter, or road buffer areas, all of which buffer areas shall be located ,�vithun easements to be granted to the 1-10A if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for niaultenance of streetlights. Wj",TL R & SENX/LR- 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities requires{ for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be bonne by the Applicant. ENVIRONMENT: 5.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Storrnwater Management Reguladons, First Ed. 1999, Chapter 2, 'Table 2-3 which results in the highest order of storrnwater control in existing Virginia law at the time of construction of any such facility. 5.2 The applicant shall preserve a mininturn of 8,000 square feet as a tree save area in the location depicted on the C7llP to protect the existing trees located in this area of the Property. Gearing or grading of said tree save area shall be prohibited. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A 'Traffic Impact Analysis of the Orrick Property," prepared by Patton I-hrris Rust & Associates, dated October 11, 2005 (the "TIA"). Tlne Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signaliza6on improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right turn lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed Within existing night of ways. Page 3 of 9 Orn,-k C,ummor7J y,§nr iqo lrrr 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupany for the fast single family dwelling unit. Design of Farmington Boulevard shall include traffic calnning measures acceptable to VDOT. (See 2 on GDP) 6.1 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance on Senseny Road to the i itersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right-of-way along Senseny Road (Route 657) and 15 feet of additional right-of-way along Greenwood Road (Route 656). Said right of ways shall be dedicated NVithin 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an mterconrrected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian s),stem shall be identified during the master development plan (MDP) and/or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five }Fars from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, ur the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDf'). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a Iandscaped median with street trees. Page 4 of 9 OT77A- Cwcmon r --rol7er _i iorenwenl 6.10 The Applicant shall work -,with County Staff and VDOT at the time of site plan review to install a raised, textured, concrete median on Senseny Road if deemed appropriate. The size and aAdtlt of said median shall be determined by VD OT. 7. DESIGN STANDARDS 7.1 All buildings nathin the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the continuity and character of the existing architectural fabric of the surrounding conunuruty. The principal facade in addition to any facade frontuig Senseny Road and/or Greenwood Road of A commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco or other high quality, long lasting masonry rrraterials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the conunercial arva of the Propertyshall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials; brick; stone, or simulated stone; wood; Hardishingle and/or Harditrim, or material of comparable quality; Azek Trimboards; Pypon brackets and/or cornice details; stucco; glass. Any multi -family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi -family residential structures located on the Property shall incorporate non-SyMnICtrical massing, bay, and columned porches to more effectively relate to surrounding properties as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. PARK S AND RECREATION 8.1 The Applicant shall design and construct anv necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at mtntnnum, walking trails and a water feature utilizing an existing pond. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. 8.2 The Applicant shall design and build a public pedestrian -bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails Page 5 of 9 shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP prior to occupancy of any commercial building. Tire trail crossing of the proposed boulevard style entrance on Senscny Road shall be designed at t1je time of Site Plan to provide fora safe con-nection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit 9. LIGI-171"ING PLAN' 9.1 Low impact outdoor lighting meeting dark slay criteria will be utilized 'With a maximun7 pole height of 25 feet high using full cutoff hin-ninaries. Floodlighting will be prohibited. 10. SIGNAGE 10.1 Freestanding commercial signage along Senscny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon st34e signs shall be prohibited on the Property. 11. SOLID WASTE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 12.1 The Applicant shall contribute to the Board the sum of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a buildng permit for each d�Welling unit. 13. GENERAL GOVERNMENf 13.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of a building per-n-tit for each dwelling unit. 14. PUBLICSAFETY 14.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 Orrirk: Commas _ _ Yrn lcr J iajcmrn! 15. LIBRARY 15.1 The Applicant shall contribute to the Board the surn of $31.00 per dwelling unit for library purposes, payable upon the issuance of a building perFn1t for each dwelling unit. 16. FUIURE ROAD IMPROVEMENTS 16.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17. INTERPARCEL CONNECHONS 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. 18. CORRIDOR ENI-iANCE MENIS 18.1 The Applicant shall locate street trees along the road frontage of both Senseny Road and Greenwood Road to enhance the visual characteristics of both corridors. Said street trees shall be planted a maximum of 40' apart. 19. INTERIOR LANDSCAPING 19.1 The Applicant shall landscape a rninimum of 6% of the interior portions of parking lots for all parking located within the conunercial area of the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 9 o)77', k COM,"VO v Proffer J altmew Res pectfullysubmitted, OnIck Cemetery Company, Inc. By Title: , ,i ?\, I/ tv1 1') A I STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was admowled =ed befot-e me this � day 2006, by of - �(_J ae- � __�, ~. S My commission expires Notaiy Public Page 8 of 9 Orrick Coinmau J-Igjer,Statement Paramount Development Corporation Title: ': 5o v i ,4 4 2OG /Pn S'I ATE O 17 VLR.��, AT LARG E 1 DI,12 K COUNTY, To -wit: --���� The for going instnirne vas w n j;/,day of 20M p My co ss'on . Tres Notary Pubic 1 Respectfully s�jn •tted, Page 9 of 9 _ To N. Ocr ,•. 1 0 free Save Area `®, ♦ 7 sn Acre 51NGLE FAMILY 0 55.OtR1 SF �® Cominundy Park 0 commercial ` (Age Restricted) Dntrance V p® "� (TOTAL RESIDENTIAL 33.61 Acres) _l Proposed Pedestrian- Cornrnercsl . 1 / `` O Bicycie Trail COMMERCIAL >p ` (2Z 08 ACiBS) Re Gonnectiion VO/ MULTI -FAMILY (Age Restricted) \� ® ` T Signalized Entrance ♦ ` V SEN r. 65 SENY Rpa p - ✓ _ Proposed Pedestrian -Bicycle Trail r F.11.. N.r.l. R..1 { A....I. t..•pe rngti..a. $u.v.yen. pla»na Lendfc.p� ArcMl.cl>. 'DMA ,^—m GENERALIZED DEVELOPMENT PLAN ORRICK COMMONS 0. suM .Rs �.P MpYC+eCR iJ. Zo.J Mme 5[r.0 .31 UP LT EXHIBIT A '` •a a•��. � rij ��r 5��. ,. 11•• _ ,' ,, 4 -i t 'r ,��i -n ,i , , �t� r�; 1 �. �•�\.'r` r•+�,e(.c,Li• ,• 1r;'r7 '�'« 'tit � � ' +� l• i,t J Lid +' , n t/ , � r r I ' �. � � , � ••� Multi—tcmilhousing kc �+• •��! ,' tr ; S j �^�i� i�F` '� . *l'� I+ •:,i'y' '''ti y� ��.I T� I- • LAfi y: t ._,+fit cT _'.� :� fin; r' ~1�ir : {off 1 l �, /t� �ii �� it t I,• ��.� n' • r, j',� }�.� ,� dl(� ' t r!� 1�4 il( i .y^ � 1 EXHIBIT B Applicant: Residential Units (number) SFD SFA MFD Non -Residential (sq. ft.) Retail Office OUTPUT MODULE Orrick Commons 184 Units 92 0 92 5S,000 Sq. Ft. 55,000 Sq, Ft. 0 Sq. Ft. Total capital facilities impacts to mitigate $ 2,976,608 Total revenue from commercial component $ 3,206,871 10 Year average of expenditures toward capital items 18% Revenue to assign as credit from commercial component $577,237 Total capital facilities impacts left to be mitigated $ 2,399,371 Total Cost of Total Net Cost of Capital Facilities Capital Facilities Per Unit Fire And Rescue $1 15,922 $93,442 $508 General Government $51,916 $41,848 $227 Public Safety $106,817 $86,102 $468 Library $43,278 $34,885 $190 Parks and Recreation $346,848 $279,586 $1,519 School Construction $2,31 1,828 $1,863,508 $10,128 Total $2,976,608 $2,399,371 $13,040 ORRICK COMMONS RESIDENTIAL Proffer Amendment — Impact Statement — 8/6/21 Background and Summary of Proposed Revisions On June 24, 2006, the Frederick County Board of Supervisors (the "BOS") approved Rezoning Application 04-06 for Orrick Commons (the "2006 Rezoning"). The Orrick Commons property is located in the NE quadrant of the intersection of Senseny Road and Greenwood Road and the 2006 Rezoning provided for 22.06 Acres of commercial and 33.61 acres of age -restricted residential. The residential portions of the project, identified by Frederick County as tax map parcel 55-A-201B (the "Property"), provides for the final connection of Farmington Boulevard between the existing Lynnehaven and Steeplechase Subdivisions. This proposed proffer amendment applies only to the 33.61 acre residential area of the project, as identified on the location map attached as Exhibit A, and proposes the following primary changes to the existing approval: A. Housing Types The 2006 Rezoning permits a mixture of single family (attached and detached) as well as multifamily housing types. The 2006 Rezoning does not limit the maximum number of dwelling units permitted on the Property, so the maximum permitted currently by the RP zoning district regulations would be 201 dwelling units. The proposed proffer amendment would limit the maximum number of residential units to 170. In addition, the proposed proffer amendment provides additional detail on housing types, limiting multi -family housing on the project to a maximum of 48 units. The proposed proffer amendment maintains the age -restricted requirement for all dwelling units. B. Project Layout The proposed proffer amendment includes a revised Generalized Development Plan (GDP) providing additional detail for the layout of the project. As shown on the GDP, the multi -family area of the project remains consistent with the 2006 Rezoning. Housing types for the perimeter of the site are now limited to single family detached dwellings, providing for a better transition with the existing, adjoining subdivisions. Age -restricted townhomes would then be located internal to the site. A proffered interparcel connection between the residential area and the adjoining commercial area is also maintained. A side -by -side comparison of the existing and proposed GDP is provided as Exhibit B. C. Community Park/Open Space Area As shown on the existing GDP for the 2006 Rezoning, the development planned previously included a 3.5 acre open space/community park area along the eastern limits of the site. This I Project Site fig RZO GDP — Existing: I� m �.. 1 Cannsctl V, Nou R,strkYxil (TOTAI. RFSIDENTIAI. = 33.61 Acres) 11 P P•OwUIYn• o \ Bxyvv T,w COMMERCIAL C®(22 22 06 A- R= .�'' SENSfNr 7 ✓/ R pqn Nor—d PmbxtlOmeLwk, T,.O L J, GDP — Proposed: UWILK t.UMMONS I _ UNCRAUZED DEVLLOPNENI PLAN Exhibit 8 — Existing and Proposed GDP area included an existing, shallow farm pond. A wetland delineation of the site identified an existing ephemeral stream channel on the western portions of the Property. The proposed development plan, as shown on the proposed GDP, would locate a larger open space area on the western portions of the Property with the proposed proffer statement prohibiting disturbance of the stream channel. The proffer statement associated with the 2006 Rezoning provided the option, if agreed to by both Frederick County and the owner of the Property, for the open space/community park area to be dedicated to the County. With the project being age restricted, the current owner of the Property would not desire to dedicate land within the project to the County for a public park. Accordingly, that proffer has been removed. Age -appropriate recreation amenities would be provided within the project consistent with current Zoning Ordinance requirements. With the configuration provided by the proposed GDP, the new development plan utilizes land more efficiently, allowing for additional open space with protection of the existing ephemeral stream channel and, ultimately, less impervious area and its associated impacts to stormwater management. D. Multi -family Residential The area planned for multi -family residential units mirrors that from the 2006 Rezoning Application, with those units located as a transition between the commercial and single family areas. In 2006, the intended development plan included a single, large building for the multi- family units. The master development plan previously approved for the project provided for up to 87 multi -family units. The 2006 Rezoning included a building materials palette for multi -family units as well as elevations to depict additional requirements, such as "non -symmetrical massing". The 87-unit building planned for as part of the 2006 rezoning included an "L" shape to its layout, thus the proffer for "non -symmetrical massing". As the proposed development plan reduces the total number of age -restricted multi -family units to 48, the proposed proffer statement removes the elevation exhibits and proffered "non -symmetrical massing", but maintains the design materials palette for the units as well as other proffered requirements associated with the 2006 Rezoning, including the requirement for bays and columned porches. Adjoining Properties Adjoining properties include single family detached dwellings within the Steeplechase, Briarwood Estates, and Lynnhaven subdivisions as well as single family detached dwellings fronting Senseny Road and the Orrick Commons commercial development to the west. By locating family detached and open space areas along the common boundaries with the adjoining subdivisions, the project provides for a transition from the existing adjoining subdivisions. The age -restricted multifamily housing is located immediately adjoining the existing Orrick Commons commercial land bay serving as a transition from the commercial uses to the single family detached and attached product proposed within the Property. Impacts to Community facilities The proposed proffer amendment results in a net decrease of units from those permitted by the 2006 Rezoning, so impacts to community facilities associated with this application will be unaffected or less than those approved as part of the 2006 Rezoning. The existing monetary proffers for community facilities as well as transportation improvements remain unchanged from the 2006 Rezoning. A. Public Schools The application proposes no changes to the age restricted designation for all dwelling units within the project, resulting in no impacts to public school facilities. B. Trash Servi The project will utilize private refuse collection services administered by the HOA, which will result in limited impacts to the Greenwood convenience center. C. Sewer and Water Facilities The project will serve to connect the existing water mains within the Steeplechase, Briarwood Estates, and Lynnhaven subdivisions. This will provide for additional loops/redundancy within the system. For 170 dwelling units, using an average of 200 gallons per day, the expected water and sewer demands for the subdivision are 34,000 gallons per day. Sewer will be provided by connection to the existing main within the Lynnhaven subdivision, immediately adjoining the project area, which will convey sewage flows to the Opequon Wastewater Reclamation Facility. D. Traffic The project provides for the construction of Farmington Boulevard, which will finalize the connection of this planned minor collector road from Channing Drive to Greenwood Road. In addition, the proffer statement includes a monetary contribution of $2,854.00 per dwelling unit for transportation improvements within the vicinity of the site. E. Emergency Services Emergency services for the site will be provided by Greenwood Fire and Rescue. The construction of Farmington Boulevard through the site will provide for additional connectivity for emergency response vehicles serving the area. F. Stormwater The site generally flows from West to East. Stormwater design for the site will fall under the latest regulations, providing for both quantity and quality controls. COUNTY of FREDERICK Department of' Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 June 15, 2021 Mr. Patrick Sowers Dave Holliday Construction Inc. 420 W. Jubal Early Drive, Suite 103 Winchester, Virginia 22601 RE: Proposed Rezoning for Orrick Commons Residential Property Identification Numbers (PIN): 55-A-20113 Dear Patrick, I have had the opportunity to review the draft rezoning application for Orrick Commons. This application seeks to rezone 33.61 acres from the RP (Residential Performance) District with proffers to the RP District with revised proffers. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Senseny Eastern Frederick Urban Area Land Use Plan. The 2035 Comprehensive Plan and the Senseny Eastern Urban Area Land Use Plan provide guidance on the future development of the property. The Plan identifies this property with a residential land use designation; the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing/proposed zoning is generally consistent with the goals of the Plan. 2. Impact Statement. Provide an impact statement with this rezoning per §165-102.05. 3. Proffer 6.3. Proffer 6.3 should include the Property Identification Number for the referenced commercial property or refer to the proffer statement that applies to the referenced property. 4. Capital Impact Model. The proposed proffer statement shows the monetary proffers that were approved with the original rezoning. The rezoning does not account for the updated impacts shown in the Frederick County Capital Impact Model — please see the attached. Preliminary Rezoning Comments Orrick Commons Residential June 15, 2021 Page 2 5. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 6. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Parks and Recreation, Frederick County Fire Marshal, Frederick Water, Frederick County Transportation, and the County Attorney. 7. Fees. Based on the fees adopted by the Board of Supervisors, the rezoning fee for this application would be $13,361 based upon acreage of 33.61 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd CASH PROFFER ELIGIBLE SUMMARY PAGE Capital Impacts Model"' � "' s ' �5 y r '� (,_r �: Frederick County, Virginia FISCAL i LCOHOHIc I PLANNING General Service Area School or School Region Elementary Region Middle School Region High School Fire & Rescue Service Area Urban ::1 - Evendale Admiral Byrd Millbrook Millwood SUMMARY OF PROJECT OUTPUTS :� . Z. ITest Project I CAPITAL COST IMPACTS FOR DEVELOPMENT PROPOSAL 77 x r:g c1i t I-•Auh, - 170 Housing Units 170 Projected Population 284 - 284 Projected Students Elementary School Students 0 - 0 Middle School School Students 0 - 0 High School Students 0 - 0 Projected Total Students 0 - 0 Nonresidential Sq. Ft. - 0 0 Projected Jobs - 0 0 Frederick County Capital Impacts Model Developed by TischlerBlse © 2019 Frederick County Capital Impacts Model Run on 3/23/2021 CASH PROFFER ELIGIBLE SUMMARY PAGE ---- -- - Capital Impacts Model ( Frederick County, Virginia I is -AL I LCO1,101-11C PLANNING CASH PROFFER ELEGIBILE INFRASTRUCTURE CATEGORIES, RESIDENTIAL $0 170 $0 f 4w, 170 $52,362 $308 I fil —'.'I I 1 1701 $302,3201 $1,778 • 1­­­170,j­_­­ $ - 354, 6 1 8 . 2 $2 ,9.8�6 (UJ i I kj I 170 $0 $0 170 $302,320 $1,778 cj 170 $0 $0 Frederick County Capital Impacts Model Developed by TischlerBise @ 2019 Frederick County Capital Impacts Model Run on 3/23/2021 PROJECT SUMMARY PAGE _ �-- �- ^� �� Capital Impacts Model 9 i 5d h 1 �: f B_ i se Frederick County, Virginia t eJ Al i tt, ,i u . I 1 nrnou1, SUMMARY OF PROJECT INPUTS Test Project General Service Area jUrban 771 School or School Region Elementary Region Evendale Middle School Region Admiral Byrd High School Millbrook Fire & Rescue Service Area IMillwood Library Region jUrban Park Region jurban I Single Family -Detached 0 Single Family -Attached 0 Multifamily 0 Age -Restricted Single Family 170 Additional Housing Unit 0 TOTAL DWELLING UNITS 170 Ndi!ti it%vSiltf�l,)[ •I a,i. q: �`:� q . l Retail 0 office and Other Services 0 Industrial 0 Institutional 0 TOTAL NONRESIDENTIAL SQUARE FOOTAGE 0 Frederick County Capitol Impacts Model Developed by Tischlerflise W 2019 Frederick County Copilot Impacts Model Run on 312312021 Orrick.xlsm Printed on 3/23/2021 Page 3 of 4 ischlet- ise ,il�f100fl, It'1r,1l,11W, SUMMARY OF PROJECT OUTPUTS Test Project CAPITAL COST IMPACTS FOR DEVELOPMENT PROPOSAL [.7c77* t 4 Housing Units 170 170 Projected Population 284 284 Projected Students Projected Elementary School Students 0.0 0.0 Projected Middle School School Students 0.0 0.0 Projected High School Students 0.0 0.0 Projected Total Students 0.0 0.0 Nonresidential Sq. Ft. 0 0 Projected Jobs 0 0 INFRASTRUCTURE CATEGORY I RESIDENTIAL NONRESIDENTIAL RESIDENTIAL NONRESIDENTIAL TOTAL TOTAL • ,ff {�?�':1J'(Xl;ia-Flro'� i $110,925 $0 $110,925 $52,362 $0 $52,362 '1.11rI1�� $25,730 $0 $25,730 $0 $0 $0 •7i;r- $302,320 $0 $302,320 $302,320 $0 $302,320 • �,•It'(It�,l,li;a;(rfrri!(olil f $7,985 $0 $7,985 $0 $0 $0 thP;ra;tl $39,679 $0 $39,679 $0 $0 $0 $86,438 $0 $86,438 $86,438 $0 $86,438 $23,096 $0 $23,096 $23,096 $0 $23,096 r : 'r. $27,797 $0 $27,797 $27,797 $0 $27,797 L 1 c o c ;Y• '1! idoiis� trb ;ifd l..t i,> i $623,970 $0 $623,970 $492,013 $0 $492,013 $446,966 $0 $446,960 $354,682 $0) $354,682 Cash proffer categories limlted to public safely facilities, school facilities, and parks & rec facilBles I;Itid, uJ,t:)Btttlt t161.lACII =",t ..---.M.. i� c cj R • e Residential, Nonresidentlal, Residential, Nonresidentlal, I I Average Cost Per Unit Per unit per 1,000 sq. ft. per 1,000 sq. ft. $3,670 $0 $2,894 $0 rt•Lh:ri•i,•lr..•l��it•!r�'•�t $2,629 rrcdcrick County Cc Frederick County Co COUNTY of FREDERICK Roderick B. Williams Cowity Attorney 540/722-8383 Fax 540/667-0370 fi-inail: rwillia(q)co.frcdcr-ick.va.us June 29, 2021 VIA E-MAIL - Pati•ick.R.Sowei-s(-ti)�mail.com - AND REGULAR MAIL Mr. Patrick Sowers Dave Holliday Construction, Inc. 420 West Jubal Early Drive, Suite 103 Winchester, Virginia 22601 Re: Rezoning Application - Orrick Commons, Parcel Number 55-A-20113 (33.61± acres) (the "Property") - Proffer Statement dated May 5, 2021 Dear Patrick: You have submitted to Frederick County for review the proposed proffer statement (the "Proffer Statement") for the above -referenced proposed rezoning of the Property, in the Redbud Magisterial District, from the RP (Residential Performance) District, with proffers, to the RP (Residential Performance) District, with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: In the heading of the Proffer Statement, please delete the word "Proposed". In our experience, when that word is in the initial version, we find that it ends up remaining throughout the process and then causes confusion at the time of recording the Proffer Statement in the land records. 2. Also relative to the heading, because we record Proffer Statements in the land records, to comport with the standards for recorded documents, please change the name of the record owner and applicant to appear as bold, underlined, and capitalized. 3. Proffer Statement, Introduction, tad paragraph - In the reference to the GDP, please change the text to indicate that the GDP is attached to and incorporated as part of the Proffer Statement. 4. Proffer Statement, Section 3.2 - Given the proposed inclusion of private streets in the development, it would appear appropriate to include maintenance of private streets among the indicated responsibilities of the HOA. 107 North Kent Street o Winchester, Virginia 22601 Mr. Patrick Sowers June 29, 2021 Page 2 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that review will be done by staff and the Planning Commission. Sincez ly-yours, /Rodcri�k-B. Williams County Attorney cc: Candice E. Perkins, Department of Planning and Development (via e-mail) Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering RECEIVED 107 North Kent Street Suite 200 MAY % G_ Z021 Winchester, Virginia Frederick County Applicant: Please fill out the information as accurately as possible in order to assist the Department of i Public Works with their review. Attach a copy of`your application form, .loeation�map, proffer �T statement, impact analysis, and any other pertinent information. Applicant's Name: Dave Holliday Construction, Inc. Mailing Address: 420 W. Juba[ Early Drive, Suite 103 Telephone: 540-667-2120 and East of the terminus of Farmington Blvd In Steeplechase. Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Current zoning: RP Zoning requested: RP Acreage: 33.61 Department of Public Works Comments: �� p,-C �ir� V'6v�G•✓ S� oCG✓+'��� St/b w,r"5'S'tp� QJ, 5✓ bd, �r7r-... !". • We '"d r�►->s .3t Public Works Signature & Date: ~� 2,ZI Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 Gn-iaiI Patrick Sowers <patrickrsowers@gmail.com> Orrick Commons Residential - VDOT Comments to Rezoning Rhonda Funkhouser <Rhonda.Fun khouser@vdot.virginia.gov> Tue, Jun 29, 2021 at 8:53 AM To: Patrick Sowers <patrickrsowers@gmail.com> Cc: jbishop@fcva.us, "Riggleman, Bradley"<bradley. riggleman@vdot.virginia.gov>, Lloyd Ingram <Iloyd.ingram@vdot.virginia.gov> /�� j� f 1i 11,14! e' .-I J ?��r .i DEPARTMENT OF TRANSPORTATION 14031 Old Valley Pike Edinburg, VA 22824 Mr. Sowers, A VDOT review has been conducted for the Orrick Commons Residential Rezoning dated May 24, 2021. The documentation within the application to rezone this property appears to have little measurable impact on Route 656 (Greenwood Road) and Route 1080 (Farmington Boulevard). These are the VDOT roadways which have been considered as access to the referenced property. VDOT is satisfied the transportation proffers offered in the Orrick Commons Residential Rezoning application dated May 24, 2021 address transportation concerns associated with this request. If you have any questions or need further information, please do not hesitate to contact me. Regards, Lloyd Ingram Land Development Engineer ,VDCJT I Edinburg Residency Office I Land Use 14031 Old Valley Pike I Edinburg, VA 22824 Phone #540.534.3214 1 Fax #540.984.5607 Email: Lloyd.ingram@vdot.virginia.gov Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out, the information as accurately as possible in order to assist,the Department -of Applicant's Name: Dave Holliday Construction, Inc. Mailing Address: 420 W. Jubal Early Drive, Suite 103 Winchester, VA 22601 Telephone: 540-667-2120 Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, Current zoning: RP West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd In Steeplechase. Zoning requested: RP Acreage: 33.61 Department of Parks & Recreation Comments: (how S a v7 a Ce xew "IUAI� %'f— tke6 tQn iSSve t_vt`�k �Ito�j 410 bC m, -Pail-±C ►- ll'w,-t-I tAy-n Pks. & Rec. Signature & Date: Notice to Department of Parks Recreation - Please Return This Form to the Applicant 24 GIYId I I Patrick Sowers <patrickrsowers@gmail.com> Orrick Commons Wayne Lee <Leew@fcpskl2.net> Tue, Jun 8, 2021 at 10:51 AM To: Patrick Sowers <patrickrsowers@gmail.com> Cc: David Sovine <Sovined@fcpskl2.net>, Al Orndorff <orndorfa@fcpskl2.net>, John Grubbs <Grubbsj@fcpsk12.net>, Calvin Davis <davisc@fcpskl2.net>, Tyler Klein <tklein@fcva.us> Patrick, Good morning. As Orrick Commons will be retaining its age restricted status, FCPS offers no comments. Thanks. Wayne Kenneth Wayne Lee, Jr., ALEP, LEED AP Coordinator of Planning and Development Frederick County Public Schools 1415 Amherst Street Winchester, VA 22601 teew@fcpsk12.net (office) 540-662-3889 x88249 (cell) 540-333-2941 CONFIDENTIALITY NOTICE: This email message and any attachments are for the sole use of the intended recipient and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited and may be a violation of law. If you are not the intended recipient or a person responsible for delivering this message to an intended recipient, please contact the sender by reply email and destroy all copies of the original message. All communications may also be subject to Virginia's Freedom of Information Act ! RECEIVED 2 6 .�21 Rezoning Comments Frederick County Fire Marshal Mail to• Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review.. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Dave Holliday Construction, Inc. Mailing Address: 420 W. Jubal Early Drive, Suite 103 "1'e 1 ep h o n e: 540-66 7-2120 Winchester, VA 22601 Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Current zoning: RP Fire Marshal's Comments: Zoning requested: RP Acreage: 33.61 Fire Marshal's Signature & Date: �^ 2% Notice to Fire Marshal - Please Return This Form to the Applicant 23 Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 Phone:540-665-6350 Fax:540-678-4739 fmo@fcva.us Plan Review Rezoning Status: Approved Business Name Orrick Commons Orrick Commons Senseny Rd/Greenwood Rd Winchester, Virginia 22602 Dave Holliday General Information`: r Received Date: 05/25/2021 Review Begin Date: 05/28/2021 Review End Date: 05/28/2021 Hours: 1.0000 Occupancy Type: Property Use: Activity Number: Review Cause: Printed Date: 05/28/2021 1051035 New Construction Actwfty Details Projectame. -Subdivision Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 Rezoning Comments Frederick Water Mail to: Hand deliver to: Frederick Water Frederick Water Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information.,, Applicants Narne: Dave Holliday Construction, Inc. Telephone: 540-667-2120 Mailing Address: 420 W. Jubal Early Drive, Suite 103 Winchester, VA 22601 Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd In Steeplechase. Current zoning: RP Zoning requested: RP Acreage: 33.61 Frederick Water Comments: p v,'rl.l D Pn�Pas�� �7t� I�tY s ton-( /Ja �.�,,I&Jr: Frederick Water Signature & Date: A0 Z Notice to Frederick Water - Please Return This Form to the Applicant 26 Rezoning Comments Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority Attn: Executive Director 9 W. Piccadilly Street Winchester, Virginia Applicant: Please fill out the information -as accurately as :possible. .in order to assist the.Fred-Wine; . Seivice._A1Ytlao i :;witli,'tlleir.;re. i�1r:Att�cli.a c' .v;of;`�oi �;:uppa'catao111"., Applicant's Name: Dave Holliday Construction, Inc. Mailing Address: 420 W. Jubal Early Drive, Suite 103 Telephone: 540-667-2120 Winchester, VA 22601 Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd In Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Current zoning: RP Zoning requested: RP Acreage: 33.61 Fred -Wine Service Authority's Comments: s A 5 Fred-Winc Service Authority's / Signature & Date: ? z , Notice to Fred-Winc Service Authority - Please Return Form to Applicant 34 REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Dave Holliday Construction, Inc. Specific Contact Person if Other than Above: Patrick Sowers Address; 420 W. Jubal Early Drive, Suite 103, Winchester, VA 22601 Telephone: 540-336-3333 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: Patrick. R.Sowers@gmail.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Specific Contact Person at Firm: Address: Telephone: Email: Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if any): Orrick Commons Residential 5. Property Information: a. Property Identification Number(s): 55-A-201 B b. Total acreage of the parcel(s): 33.61 Acres c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: RP - 33.61 Acres e. Proposed zoning designation(s) and acreage(s) in each designation: RP - 33.61 Acres f. Magisterial District(s): Red Bud g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): West of terminus of Farmington Blvd within Lynnhaven Subdvision and East of terminus of Farmington Blvd within Steeplechase Subdivision. h. Adjoining Properties: Parcel ID Number Use Zoning See attached. Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Dave Holliday Construction, Inc. David B. Holliday Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ✓0 Location Map 0✓ Plat Depicting Metes/Bounds of Proposed Zoning 0 Impact Analysis Statement W Proffer Statement (if any) Ef Agency Comments Fee ❑✓ Copies of Deed(s) to Property(ies) �✓ Tax Payment Verification 0✓ Digital copies (pdf s) of all submitted items age 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the fi•ont property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Owner: Date g- s z 1 If 'Wing on behalf of an entity, please state name of entity and your title: / 1 <—JDel%fo_.��. -L—'Z- l�J/Irk ��� l�dtSN✓c_ rbc1 Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 Orrick Commons Residential - Adloining Properties Tax Map Owner Address 55J-2-1-24 Amy Miller 124 Ardeyth Ln Winchester, VA 22602 55J-2-1-23 Alison Van Sickler 119 Ardeyth Ln Winchester, VA 22602 55J-2-1-22 Thomas Sosebee 117 Ardeyth Ln Heather Sosebee Winchester, VA 22602 55J-2-1-21 Richard Whaley 115 Ardeyth Ln Marinette Whaley Winchester, VA 22602 55J-2-1-20 Michael Huck 113 Ardeyth Ln Amy Huck Winchester, VA 22602 5J-2-1-19 Michael Kenyon 111 Ardeyth Ln Jennifer Kenyon Winchester, VA 22602 55J-2-1-18 Erlin Parades Izaguirre 109 Ardeyth Ln Winchester, VA 22602 55J-2-1-17 John Shelor 107 Ardeyth Ln Robyn Shelor Winchester, VA 22602 55J-2-1-16 Corey Hiett 105 Ardeyth Ln Britney Hlett Winchester, VA 22602 55J-2-1-15 Dena Marrale 103 Ardeyth Ln Winchester, VA 22602 55J-2-1-14 Dennis Sherrill 101 Ardeyth Ln Stephanie Sherrill Winchester, VA 22602 55J-2-1-13 Mark Claycomb 231 Farmington Blvd Emilyn Claycomb Winchester, VA 22602 55J-2-1-69A Steeplechase Homeowners P.O. Box 4364 Association, Inc. Winchester, VA 22604 55J-1-6-118 Chad Crosbie 210 Trefoil Ct Emily Crosbie Winchester, VA 22602 55J-1-6-119 Jimmi Escolero Obando 212 Trefoil Ct Winchester, VA 22602 55J-1-9-204A Briarwood Estates P.O. Box 2070 Homeowners Association Purcellville, VA 20134 55J-1-9-194 Darrin O'Donnell 120 Teaberry Dr Deborah O'Donnell Winchester, VA 22602 55J-1-9-195 Zachary Paine 122 Teaberry Dr Bonnie Paine Winchester, VA 22602 55J-1-9-196 Alberto Otoya 124 Teaberry Dr Winchester, VA 22602 55J-1-9-197 Stacy Spates 126 Teaberry Dr Adam Spates Winchester, VA 22602 55J-1-9-198 Mary Whitbeck 4504 Senseny Road Berryville, VA 22611 55J-1-9-199 Edward Hillyard, III 130 Teaberry Dr Jennifer Hillyard IWInchester, VA 22602 55J-1-9-204 Bruce Hull 215 Ladyslipper Dr Alice Irvin Winchester, VA 22602 55K-12-2-25 Darlene Campbell 401 Farmington Blvd Winchester, VA 22602 5SK-12-2-24 Gene Orr 400 Farmington Blvd Laurie Orr Winchester, VA 22602 55K-1-1-14 John Robben 118 Sesar Ct Dawn Robben Winchester, VA 22602 55K-1-1-13 Randall Golden 120 Sesar Ct Lisa Golden Winchester, VA 22602 55K-1-1-12 Jack Funkhouser, Jr 121 Sesar Ct Winchester, VA 22602 5SK-1-1-24A Lynnehaven, LC 21 S Kent Street, Suite 1 Winchester, VA 22601 65-A-23 Leonel Majano-Torress 2105 Senseny Rd Ana Majano Winchester, VA 22602 65-A-22 George Damko 2097 Senseny Rd Winchester, VA 22602 65-A-21 Rocky Rhodes 2085 Senseny Rd Phylliss Rhodes Winchester, VA 22602 55-A-203 Charles Lloyd 2045 Senseny Rd Winchester, VA 22602 55-A-202 Charles Lloyd 2045 Senseny Rd Penny Lloyd Winchester, VA 22602 65A-1-8 Ronald Green 2037 Senseny Rd Winchester, VA 22602 65A-1-7 Henry Agragaard, III 2031 Senseny Rd Winchester, VA 22602 65A-1-6 Skp Baker 520 Burnt Factory Road Vickie Baker Stephenson, VA 22656 65A-1-5 Marshall Baldwin P.O. Box 101956 Arlington, VA 22210 65A-1-4 Bryan Goodwin 49 Benson Ct Bernice Marks Front Royal, VA 22630 65A-1-3 Genoa Kees 2009 Senseny Rd Winchester, VA 22602 65A-1-2 Scott Campbell 10500 Rockville Pike, Unit M10 Rockville, MD 20852 65A-1-1 Lousie Sinkoskl 1997 Senseny Rd Winchester, VA 22602 55-A-201F Orrick Cemetary Company P.O. Box 637 c/o Curtis Slaughter Stephens City, VA 22655 55-A-201G Orrick Cemetary Company P.O. Box 637 c/o Curtis Slaughter Stephens City, VA 22655 200012060 cn TINS DEED, made this 0 P day ofjl:fl 66 6e, 2020, by and between Orrick Cemetery Company, Inc. a Virginia corporation, GRANTOR; and Dave Holliday Construction, Inc., a Virginia corporation, GRANTEE; � o ti U o WITNESSETH: THAT, for and in consideration of the sum of TEN DOLLARS N , ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, Ca ? the GRANTOR does hereby grant, bargain, sell and convey, in fee simple and with Special > H w Warranty and English Covenants of Title, unto the GRANTEE, all that certain lot or parcel of o a o z land together with the improvements thereon and all appurtenances there.unto belonging, more .-,ono >v o p particularly described as follows: U b All. that certain tract or parcel of land,•situ afc, lying. and being in Red Bud Magisterial O 0 o � District, Frederick County, Virginia containing 33.6096 acres, more or less, designated s .d ,:4 as Remainder on that certain "Final Plat Lots 2 thru 8, Orrick Commons", dated U H March 26, 2007, revised through May 29, 2007, attached to.and recorded with the Deed of Subdivision and Declaration of Easements dated May 12, 2008, recorded May 22, owo -i 2008 in the Office of the Clerk of the Circuit Court of Frederick County,Virginia as Instrument Number 080006286. AND BEING a portion of the same property conveyed to the Grantor herein by Deed dated November 22, 1967 and recorded in Deed Book.337, Page 179, in the aforesaid Clerk's Office. This conveyance is made subject to covenants, conditions, restrictions, easements and rights of way of record. Da]ELNC AWOMEY5 Qn""OW The GRANTOR covenants that said GRANTOR has the right to convey the aforesaid mw� lvv Wkd,cstcVA A-1 bmvn property; that the GRANTOR has done no act to encumber said property; and that the GRANTOR will execute such further assurances as may be requisite. • 1. r WITNESS the following signature and seal: Cemetery Company, Inc. Deborrah B. Walker, President STATE OF VIRGINIA CITY OF WINCHESTPR I, the undersigned, a Notary Public in and for.tbc jurisdiction aforesaid, do certify that Deborrah B. Walker, 'President of Orrick Cemetery Company, Inc, a Virginia corporation, whose name is signed to the foregoing document, acknowledged the same before me this day oh 2020. Notary Public My Commission Expires:,'21 —�Zd- /o20,2,1 Registration It:' Return to:' Brie) PC Attorneys 440 W. Jubal Harly Dr., Suite 200 Winchester, VA 22601 WR20.02-1114 DRIEL PC, ATTORNEYS ChnksTmw� WV mutk- t wv W'adte�br, VA Aabx4 VA Susan Prances Wickham Commonwealth of Wgirda Notary Public Commisalon No. 7576443 My G=russlon Expires 112M j I VIRGINIA: FREDERICK COUNTY.SCT. This Instrument of writing wasproducedto me on _ + ! -a6atJ atT_ I ��m, and with certificate acknowledgement th reto annexed was admitted to record. Tax Imposed by Sec. 58,1-802 of and 58,1-801 have been paid, If assessable. a W I Clerk (Jl co e j�rederiek IJoknc Frede l.ck Coto-Ity Virginia Lrft: A7" R(E -rOP Pay/Lookup Taxes Payment Home Personal Property heal Estate Dog lags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Inquiry of Real Estate Map 55 A View DAVE HOLLIDAY Number: 201 B Map Name: CONSTRUCTION INC Account# Dent# '1 icketil Seq# 1)ne linty Detailed lnfornialion Amount '",• Y (Click Below) Due , f ViewBill View Back of 8045496 RE2015 29457 1 6/5/2015 2015 REAL ESTATE $0.00 , Bill ViewBill View Back of 8045496 RE2015 29457 2 12/7/2015 2015 REAL ESTATE $0.00 v' Bill ,$ ViewBill View Back of 8045496 RE2016 29107 1 6/6/2016 2016 REAL ESTATE $0.00 Bill ViewBill View Back of V 8045496 RE2016 29107 2 12/5/2016 2016 REAL ESTATE $0.00 $44V Bill VicwBill View Back of 8045496 RE2017 29346 1 6/5/2017 2017 REAL ESTATE $0.00Bill ^' ViewBill View Back of 8045496 RE2017 29346 2 12/5/2017 2017 REAL ESTATE $0.00 Bill ViewBill View Back of 8045496 RE2018' l 6/5/2018r 2018 REAL ESTATE $0.00`n y r +"c VRiI, < } f 29361^1 4,....h OO Show Current Charges Due O Show All Charges Total Due:o.00 '� f2e4iri',tbS,�s�rG�ls: ORDINANCE Action: PLANNING COMMISSION: Scptcmbcr 1, 2021 Public Hearing I-IcicI, Recommended Approval BOARD OF SUPERVISORS: September 22, 2021 Pending ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-21 ORRiCI{ CONINIONS WHEREAS, REZONING #04-21 ORRICK COMMONS was submitted by David Holliday Construction, Inc. to rezone 33.61+/- acres from the RP (Rcsidcntial Performance) District to the RP (Rcsidcntial Performance) District with revised proffers. The property is located south of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656), west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within the Steeplechase Subdivision in the Red Bud Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on September 1, 2021 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors lickla public hearing on this Rezoning during their regular meeting on September 22, 2021; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of'the public health, safety, welfare, and in conformance with the Comprehensive Plan. NOV1', THEREFORE, BE IT ORDAINED by the Fredcricl< County Board of'Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to ruone 33.61-1-/- acres from the RP (Residential Performance) District to the RP (Residential Performance) District with revised proffers, all as shown on the proffer statement bearing signature date Scptcmbcr 15, 2021. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 22" clay of September 2021 by the following recorcled vote: Charles S. DcHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy David D. Stegmaicr Blaine P. Dunn Robert W. Wells .Judith McCann -Slaughter A COPY ATTEST Mary T. Price Interim County Administrator PDRES#22-21 REZONING APPLICATION 904-21 ORRICK COMMONS 3j Staff Report for the Planning Commission Prepared: August 23, 2021 Staff Contacts: Candice L. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 09/01/21 Pending Board of Supervisors: 09/22/21 Pending PROPOSAL: To rezone 33.61+/- acres from the RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The property is located south of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656), west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within the Steeplechase Subdivision. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/01/21 PLANNING COMMISSION MEETING: The subject property is part of the original Orrick Commons rezoning which was approved in 2006 for 22.06 acres of B2 (General Business) District zoning and 33.61 acres of RP (Residential Performance) District zoning. The proffers for the 33.61 acres of RP are restricted to age restricted dwelling units. This requested rezoning only pertains to the 33.61 acres zoned RP as the improvements; the B2 properties will remain subject to proffers for the 2006 rezoning. It should be noted that a separate proffer statement for the RP parcel would not impact the overall development as the proffers for the B2 zoned properties have previously been completed. The site is located within the limits of the Senseny Eastern Urban Area Land Use Plan of the 2035 Comprehensive Plan. The Plan identifies this property with a residential land use designation; the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing/proposed zoning is generally consistent with the goals of the Plan. This request is seeking to revise the proffers pertaining to the dedication of park land and preservation of a pond. The 2006 rezoning proffered 3.5 acres to Frederick County as a park and a proffer that required an existing pond to be preserved within the park area. The approved proffer would allow for the park area to count towards the required open space for the age -restricted residential development. Dedication of that land would also require approval from the Applicant and Frederick County; the Applicant would most likely be the I-Iomeowners Association depending on the ultimate timing of the request. It should be noted that this revised application does restrict the total number of units permitted on the property to a maximum of 170 units — 122 single family (detached or attached) and 48 multi -family units. The approved proffer statement allows for the maximum density which could result in up to 201 dwelling units. A reconllnendation 1•eamWing this rezoning application to the Boal-d ofSllpel,visors would be appropriate. The Applicant should be prepla•ed to a(lelicratel)) allllress all concerns raised by the Plamillig Coil missioll. Rezoning 904-21 Orrick Commons August 23, 2021 Page 2 This 1•eport is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Snpel'visol's to assist them in slaking a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted 41, staff Whe!'e 1'elevant thi-oughout this staff 1'epol't. Reviewed Action Planning Commission: 09/01/21 Pending Board of Supervisors: 09/22/21 Pending PROPOSAL: To rezone 33.61+/- acres from the RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The property is located south of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656), west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within the Steeplechase Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-201 B PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) District South: RA (Rural Areas) District East: RP (Residential Performance) District West: 132 (General Business) District RP (Residential Performance) District Use: Residential Use: Residential Use: Residential Use: Commercial/Vacant Use: Residential Rezoning 904-21 Orrick Commons August 23, 2021 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: A VDOT review has been conducted for the Orrick Commons Residential Rezoning dated May 24, 202I. The dOCUillentatlon within the application to rezone this property appears to have little measurable impact on Route 656 (Greenwood Road) and Farmington Boulevard. These are the VDOT roadway which have been considered as access to the referenced property. VDOT is satisfied the transportation profTer offered in the Orrick Commons Residential Rezoning application dated May 24, 2021 address transportation concerns associate with this rcgLICSt. Frederick County Public Work Department: A Comprehensive review should occur at the submission of subdivision plan. We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Fredericic County Parlc & Recreation Depai,trnent: Parks and recreation recommends Keeping the park concept, has no issue with moving the location. Proffer contribUtiOil Should 1`61IOW the current proffer impact model calculations. Frederick Water: Reviewed proposal dated May 5, 2021. No comment. Frederick -Winchester Service Authority: FWSA defers comments on sewer capacity and availability to Frederick Water. Frederick County Public Schools: As Orrick Commons will be retaining its age restricted status, FCPS offers no comments. County of Frederick Attorney: Please see attachecl comments from Roderick B. Williams, County Attorney clated June 29, 2021. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this property as being zoned A-2 (Agriculture General). The COwlty's agriCUltUral zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A -I and A-2 zoned land to the RA District. On June 28, 2006, Rezoning 904-06 was approved which rezoned the property to the RP (Residential Performance) District with proffers. Rezoning #04-21 Orrick Commons August 23, 2021 Page 4 2) Coin lrehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of CommUllity life. The primary goal of this plan is to protect and improve the living environment within FrederiCk County. It is in essence a composition Ofp01iCICS used to guide the future development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Comprehensive Plcm- Land Use The Senseny Eastern Urban Area Land Use Plan of the 2035 Comprehensive Plan provides guidance on the future development of the property. The Plan identifies this property with a residential land use designation; the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing/proposed zoning is generally consistent with the goals of the Plan. 3) Proposed Proffer Amendments: Park Ama This request is seeking to revise the proffers pertaining to the dedication of park land and preservation of a pond. The 2006 rezoning proffered 3.5 acres to Frederick County as a park and a proffer that required an existing pond to be preserved within the park area. This request is seeking to revise the proffers pertaining to the dedication of park land and preservation of a pond. The 2006 rezoning proffered 3.5 acres to Frederick County as a park and a proffer that required an existing pond to be preserved within the park area. The approved proffer would allow for the park area to count towards the required open space for the age - restricted residential development. Dedication of that land would also require approval from the Applicant and Frederick County; the Applicant would most likely be the Homeowners Association depending oil the ultimate timing of the request. The Frederick County Parks and Recreation in their comments, did recommend keeping the proffered park. Residential Density The proposed proffers associated with this application would restrict the total number Of units permitted oil the property t0 a maxinlUill of 170 units — 122 single family (detached or attached) and 48 Illlrltifanlily units. Tile approved proffer statement allows for the maxllllLinl density Which could result in up to 201 dwelling units. Rezoning 904-21 Orrick Commons August 23, 2021 Page 5 4) Proffer Statement: The revised proffers associated with this rezoning application are as follows; Proffer Statement— Dated May 5, 2021, revised August 5, 2021: I. LAND USE: 1.1 Residential development shall be provided as a mixture of single family and Illulti-fa111IIy units. Development of the Property shall not exceed a total of 170 dwelling units. Multi -family units shall not exceed 48 total units. The locations of the dwelling units on the Property shall be located as generally depicted on the GDP. 1.2 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair [-lousing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36- 96.7, or a sul-viving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. CREATION OF I-IOIvIEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such I-IOA herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (Ill) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the I-IOA by appropriate instrument, (v) responsibility for payment Rezoning 904-21 Orrick Commons August 23, 2021 Page 6 for maintenance of'streetlights, and (vi) maintenance of., private streets. 4. WATER & SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for COIIStrUCting all facilities rcgUil"Cd for SLICK connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of Frederick Water. The cost of all water and sewer improvements will be borne by the Applicant. ENVIRONMENT: 5.1 The Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Property. Disturbance of the stream channel shall be prohibited. (See I on GDP) 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required Of this project. 0.2 The extension of Farmington Boulevard through the project shall be designed and Constructed to base pavement and bonded to final pavcmc It prior to issuance of a certificate of OCCLIpallCy for the first single family CIWCllrllg Lllllt. Design of.' Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) 6.3 The Applicant shall construct an interconnected transportation network to connect the Property with the adjoining commercial property, identified as Frederick County tax map parcels 55-A-201 F and 55-A-20 l G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (See 3 on GDP) 6.4 C011CL11-1'C►lt with the CXtCllSi011 of Farmington BOUICVard provided by Proffer 6.2, the Applicant shall construct a sidewalk connection from Farmington Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 on GDP). DESIGN STANDARDS 7.1 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, Or simulated stone; wood; I-lardishingle and/or I-larditrim, or material of comparable quality; Azek Trimboards or material of comparable quality; Fypon brackets and/or cornice details; stucco; glass. Any multi -family residential building constructed on the property shall utilize a miXture of building materials in an effort to relate to the surrounding area. 7.2 Any multi -family residential structures located On the Property shall incorporate Rezoning #04-21 Orrick Commons August 23, 2021 Page 7 bays and columned porches to more effectively relate to surrounding properties. PARKS AND RECREATION 8.1 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an OCCUpancy permit for each dwelling Unit. 9. SOLID WASTE AND RECYCLING CONTAINERS 9.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures contained within fenced enclosures. 10. FIRE AND RESCUE 10.1 The Applicant shall contribute to the Board the sum Of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 11. GENERAL GOVERNMENT 11.1 The Applicant shall contribute to the Board the SLIM of $37.00 per dwelling unit for general government purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 12. PUBLIC SAFETY 12.1 The Applicant shall contribute tO the Board the sum of $76.00 per dwelling Unit for public safety purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 13. LIBRARY 13.1 The Applicant shall contribute to the Board the sum Of $31.00 per dwelling unit for library purposes, payable upon the issuance ofan Occupancy permit for each dwelling unit. 14. FUTURE ROAD IMPROVEMENTS 14.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for futlU'e improvements to Senseny Road and Greenwood Road, payable Upon the issuance of an OCCUpancy permit for each dwelling Unit. Staff Note - Moitetai j) Proffers: With this revision, the application has retained the 2006 iuonetary proffers pertaining to Parrs and Recreation, Fire and Rescue, General Government, Public Sqfety and the Librmy, as ivell as a per unit transportation prgffer of 52,854. 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C 2041 aIGBS.i 2197. ; i• s 7�` • 42.031 SENSENY RDV + SENSENY RC ;ENi?.V �.•D • ,•� ;. r� —'J Al R ` 2037 7055 2t 5 tNSENYRD SfNSENYRO Jad- SENSENY�RC- Fc r� 2!237 1 °1r N38 YRO 125 j�EAGREENWOOD_,.•, MAlOY/DR Y• 4Y - AVF T.. �".-- 0 � i0as 2097 MENYRD �., SENSENVRD _ Ap"^: seVsi r ,IAL R� v newer erm rrairr Long Range Land Use urban Center OResidential. 4 u/a 175 350 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 13 700 Feet Map Created: Auaust 16. 2021 Ornek Commons Residential Proffer Statement PROFFER STATEMENT REZONING: RZ. #: RP (Residential Performance) to RP (Residential Performance) 33.61 acres +/- PROPERTY: 33.61 Acres +/-; Tax Map Parcel 55-A-201B (the "Property") RECORD OWNER: DAVE HOLLIDAY CONSTRUCTION, INC. APPLICANT: DAVE HOLLIDAY CONSTRUCTION, INC. PROJECT NAME: Orrick Commons Residential ORIGINAL DATE OF PROFFERS: May 5, 2021 REVISION DATE(S): August 5, 2021 The undersigned hereby proffers that the use and development of the subject property ("Property', as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board' decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" dated April 12, 2021 (the "GDP"), attached hereto and incorporated as part of this Proffer Statement, and shall include the following: Page 1 of 6 14 Orrick Commons Residential Proffer Statement LAND USE: 1.1 Residential development shall be provided as a mixture of single family and multi -family units. Development of the Property shall not exceed a total of 170 dwelling units. Multi -family units shall not exceed 48 total units. The locations of the dwelling units on the Property shall be located as generally depicted on the GDP. 1.2 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Coale Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (h) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument, (v) responsibility for payment for maintenance of streetlights, and (vi) maintenance of private streets. Page 2 of 6 15 Orrick Commons I{endential Proffer Statement 4. WATER & SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of Frederick Water. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT: 5.1 The Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Property. Disturbance of the stream channel shall be prohibited. (See 1 on GDP) 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October. 11, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. 6.2 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) 6.3 The Applicant shall construct an interconnected transportation network to connect the Property with the adjoining commercial property, identified as Frederick County tax map parcels 55-A-201 F and 55-A-201 G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (See 3 on GDP) 6.4 Concurrent with the extension of Farmington Boulevard provided by Proffer 6.2, the Applicant shall construct a sidewalk connection from Farmington Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 on GDP). Page 3 of 6 16 Orrick Commons Residential PrvferStatement DESIGN STANDARDS 7.1 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Hardislvngle and/or Harditrim, or material of comparable quality; Azek Trimboards or material of comparable quality; Fypon brackets and/or cornice details; stucco; glass. Any multi- family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.2 Any multi -family residential structures located on the Property shall incorporate bays and columned porches to more effectively relate to surrounding properties. 8. PARKS AND RECREATION 8.1 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 9. SOLID WASTE AND RECYCLING CONTAINERS 9.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 10. FIRE AND RESCUE 10.1 The Applicant shall contribute to the Board the sum of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 11. GENERAL GOVERNMENT 11.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 12. PUBLIC SAFETY 12.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of an occupancy permit for each dwelling unit. Page 4 of 6 17 Orrick Commons Residenliai Proffer Statement Respectfully submitted, Dave Holliday Construction, Inc. Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instt=cQt was a know d e before me this �—ziay o , 2021, by My commi Sion expires Z " Notary Public Nancy Tlison Sinback NOTARY PUBLIC Commonwealth of Virginia Reg. #7292148 My Commission Expires 12/31/2022 Page 6 of 6 18 Orr rk Comm"i LwA eml Pn1rr Slalenrrwl PW4PO&FA)--PROFFER STATEMENT REZONING: RZ. W KC RL(Rand rtx Btsidcntial Perfimnauul to RP (Residential Performance) 33.61 acres 4/- PROPERTY: 44- 8— ! .61 Acres +/ Tax Map Parcel $5-A-201,D (the "Property') _ _ - - " Cartendad IP11: This Proffer Amendment dean only with the RP zoned (Residential) Potion of onick Commons RECORD OWNER: _ DAVE HOLLIDAY CONSTRUCTION. INC. APPLICANT: Pxromegiono Pev 1114me to Goorpo DAVE HOLLIDA}' CONSTRUCTION, INC. PROJECT NAME: Orrick Comrnons Residential ORIGINAL DATE OF PROFFERS: De em ilge 1 6, 209iiiMay- 5.2021 REVISION DATE(S): 4nr 12, 2996 Mn� 21, &1W06 4)bAugust 12021 The undersigned hereby proffers that the use and development of the subject property (-Property'), as described above, shall be in strict conformance with the folbwing conditions, which shall supersede all other proffers that anon• have been matte prior hereto. In the event that the above referenced RP - ; conditional rezoning is not granted as applied for by the applicant ("Applicant ), these proffers shall be deemed withdrawn mid shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defused as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board'I decision granting the rezoning mat• be contested in the appropriate cote. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the tern rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affrmud on appeal The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all fume owners and successors in interest. When used in these proffers, the "Generalized Development PLvt;' shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Reside„ ill" dated . "April 12. 2021 the "GDP'), attached hereto and mcoroorated as part of tlus Proffer Statement. and shall include the Page 1 of K 20 Orriat: Conuuons f rridr flal Prv(J?'slw.iiru/ following: LAND USE: -tit r•.,..,..., _ei 1 .fgl ftWt+i-dtt dif 14613Pr ... _i - 3itt4ftttttai-6 i• i 3t3 A89 stlttarr m<-Iae llihtt dr[ttrtrcl oil kltc�GBI? _ _ _ _ I _ _, Commented [P2]: Proffer removed as it is specific to the adjoining commercial property. 4-:21 1 Residential development shall be provided as a mature of single famil`T and multi-fan]ily units, Qcycloprnent of the Properly shall not exceed n total of 170 dwelligg a lip (5. & —f Mhielt-tti4l be die ;I)! I1} tltc rtcicr+cle Gom;}i Go(Iy,Multi-fg 011ly unit, 5119)1 not ("xcecd CIS lotad wait. lie locations of the iC-i' �`-tlt]t15}Sl\l'('1111]L 11I1115 .qlt the Property shall be located as generally depicted on the j DPJ_ _ _ _ _. _ _. _ _ - Commented [P3]: Proffer to (i) limit development ton maximun] of 170 thvelling units instead of 201 units 4312_�Exeept to the extent otherwise prohibited by the Virginia Fair ]-lousing Latv,, currently permitted, and (ii) limit total number ofmulti- f.\mily units to 48. Areas for each housing type are more the Federal Fair Horsing Law, and other applicable federal, state, or local fully described by the proffered GDP, legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" is definedin Va. Code Am]. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside pern]anently therein. The restriction provided for 1]erein shall also be ill the four] of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created \with respect thereto shall have assigned responsibility for the enforcement and aclnlinistratiou of the said covenant. i . I Prier to • " jpsNe , F-any-s'x-qit(efifiistl e1\vrllirtt� flee tJsh}ie rrti +lrnN-ft+#lr rc>rt trttet�r" - - ' Formatted: Indent: Left: 0', First line; 0" •. _, _ ,r-iTP1-i>i-i=itmijet, -iiiHitii fli�E'-8`.'r-fWit—if't-I-Afi-ill t - - - -- ' ... .. Commented [P4] Proffer removed as it is specific to the -1— Ai=tilt retail ts5!.l -'194x rylttlri+t�l tirrflte ]2rvltc rty m tt li<s shall fir lix�ltibttecl• joining commercial property. _ - 1 vfop Forrngted: Indent: Left_ 0", First line: 0" Commented [P51: Proffer removed as it is specific to the 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN adjoining commercial property. APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Con]n]ons R(jjdential Proffer Statement as approved by the Board. 3. CREATION OF HO'IMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a honleowners' association Oierehiifter "HOA') that shall be responsible for the ownership, Page 2 of 96 21 0/7*,t Con/l//0l/J fJ/denfial PrGf r.Sla,'e ew maintenance and repair of all common nreas, inchuling any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have tide to and responsibility for n all common open space areas, (ii) eonhnhon buffer areas located outside of residential lots; (jii) conunon solid waste disposal program provided by a comniereial collection company, (iv) responsibility for the perpetual maintenance of any street, perinleter, or road buffer areas, all of which buffer areas shall be located within casements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrunnent, ;rrnrl (v) responsibility for payment for maintenance of streetlights and vi ttn2intenanc•e of privatt• jsircc•111 -------------------------_ _ _ - -' -- Corn neMed [P6): Clarifies HOA's maintenance responsibilities for private streets within the development 4. WATER & SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constnrcting all facilities required for such connection. All water and sewer infrastructure shall be constructed isr accordance with the requirements of +he --Frederick C�t�urtty—FarniW+atisn �}triherrty\C- The cost of all— water -and sew be-- - Commented[P7]: Proffer updated toreflect Frederick borne by die Applicant. Water as current entity name for water and sewer. 5. ENVIRONNIENT: Fes—Sty>rTTiZT,her ri11tri.rerh3rrri Ind 13r: l rfj,perti 5hidl l3e preAQvdrirnisr-�+enn+,::T:re=e 49tY.1 .1-'1rt . 2, 'htelt-i t u4f9 ifs-tiic�lni �e•si-c-a�4tr-el•-sierr»j+wtt�r-c�rntr�l-it . ' >�-t "rris3-lain-silt-tlht�li+3�k of ctEfn3 istteiltini tii hrij`9tielt jlstefiffj _ _ - - -- - - Conmvetvled [PSI: Proffer removed as compliance with current stomhwater management regulations will require 5 �1 44tc-,qT- heft t�t;3}l l�mtnnt-rri—$ flt9 +tlttart fern—rr rHrr_ rYe DMP for the site. :trt'Y 11t't�Tf`ittC7t}1< '-'i.YYf':t-it�k:33t'tl it3 tlhti, rrc�t ertlte-propt'rlj—faenrlrnb� r�r g llrhl, »i eat lns+ll l�r lnvlrilprttd"(]3�/\pplie�rrr shall preserve the e2iisring imerrniitent stream cl)nnnel localef oh the Sol) theast tortion of the Properly. Distnrl>anec of rile stream Cha1Jnel -hall be prohibited. (Sec 1 chip jGDRI - - - - - - - - - - - - - -- - - - Commented [P91: The tree save area proffer was specific to the adjoining commercial area. 'file stream preservation 6. TRANSPORTATION: area is a newly proposed proffer based on existing site conditions and the layout proposed by the latest GDP. 6.1 Transportation improvenhents shall be designed and constructed consistent with the study entitled "A Traffic Innpact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the Page 3 of4C_, 22 Orr7(.t: COr//r//p/rr rriAruJinl Prcl%n'Slnlewetll "TIA"). The Applicant shall privately find all transportation improvements required of this project. . signal-+F 11w p ojret rttirkllee of Srrt4t-tty ditidrrrtr 4rF•t?�}iY.atititi�tttprt>i rrtit f f++ iitr>]tlicwttt " t A itirti ' ....t•' it it er5eeiiej e ettmbetind iffftP-H� Stj:7rrr ' !it itirrrl;inr fvriltr tiKwtl>imir'j;rtty of-`e�mit-t-t.Y� 'See 1 • . ' I . eS-i,-ill be-4 •.,"'rnmrm'-il-wi Iiiifi-f'3i}ti{'i13�?-riri" t. 'fit 4 _ _ - - - _ _ _ _ - _ _ _ _ _ _. _ _ ._ _ _- _ - _. _ _ _ _ _ _ _. _ _ _ - _ _ Commented [P101: Proffer removed as it is sWcific to the adjoining commercial property. 6.32 The extension of Fanmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupalig for the first single fancily dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (Sec 2 on GDP) gut mil rctitstritet-t ril,+}t+ ttirrt-lattr Cvr tlte-ttrittittttrnl lnrtf�f�fzSettseni-l�o:id-(liottte--Fks�jytt-tltt�--intersecaic>irf>f-Sf�tsetty :I?:H;ifl-nnfl . id it rij t..... ..t..n i ettrtytrrtetrrl�rtrtt-tltt�jirHpesrcl-rritrtrtef--nr,cr�•-,,''-ntr,_=rl-�tcrtltf-irttrr.+rrtic>it rri-r�,c1 rrt)'-1{tiftd Nut d, Addi}1flt#}illr „'e AII)lielli f-4i-41 ittsttill-;rrit+#fit-ttkrrt-];+jte--fr>.r-1ltr-rteirtl tltaktttrl-}rtrte-cy}-F�retyia•exttl-3�f>4t.I-(1'ratitr (>�b) td�[rty e k] to preljf> t c"l ijtelf'ct leill r»nt4r. _ _ _ _ _ ._ _ _ _ _ .. _ _ _ _ ._ _ ._ _. _ . JCmnwMed [P111: Proffer removed as it is specific to the adjoining commercial property. 6. . t!,-r=x-zi kt i o aelditioi t riF�ltt etf t� t t1HrtF� S cY,�c itt .' . flflfiirittfli-righ4 o-wily--R1Hfik,'-GftN-ftli to Royd ff{otitt 6 6t1 rt t�f ttliiit-r%p-f1:tj 4 ()i rec . fit Wreclf rt tttttj%f - ' Commented [P121: Proffer removed as it is specific to die adjoining commercial property. 6.6,E The Applicant shall construct an interconnected transportation network to connect the I'� Rtr;-h1�-tftt>�ie": =Property M'itb dw adioinine comnicrci3l_luropr•rty. idr•ntilierl as Frederick County Lux mil) parcels 55-A- 20117 and 55-A-201G. for both vehicular and pedestrian traffic. Said pt mm5Ytfettt--At4l-be--iflt-wi6ttl-ilktrr.rb-tii�ttmer-tlfrt1t>frrterrt-ltltitt {NIDP) flit'trAtftle--rt t .:.,....: IIs-st itrrtt ++ +Irirt tlfir ectr} l rt ic4ctt6A poj- irift-r)f 1111!� Propert;'; A connection 4x-f retrrtite rnrt>ttteref tl mxcl rewitlrtttixh j>r�rttniyy 4-4h-Proy4m i-shall be made in the location depicted on the GDP. (See 4-3 Oil IGDO _ -' 6.?4 Tratispe t- ti si it t-Sett`..f-ktr-Rfitutl-ft id GreetiWtK.)f1-Rowl 9lrR[]-LHttinteitee--itt-unfit'-Fik)tKet-t�rcirr�tructiriri-cif--tltc�-f:cii ninexeiyh-ItHrriort-ef the Pre vet:ly= niirl- liirll lie cHrttPlf trkl �+ttHr tc� fief krliftstc if�sitty trirrt<�reiril �ttiirrgSoncuulevarrd provicded bi" Proffer 6.2. the Applicant shall construct a sidewalk connection from r Farmington Boulevard to the existing sidewalk aloof, existing 1s( 'Iiuner Drive. (See 4 on iGIM, Page 4 of A! Convriented [P13]: Proffer re -worded to reflect that die proposed intcrparcel connection proffer is specific to the subject Property and not the adjoining commercial area. As proposed, the interparcel connection will align with the existing access casement on record in the commercial area, consistent with the existing proffers. Commented [P14]: 7hc Senseny and Greenwood transportation improvements have been removed as they are specific to the commercial property. The addition of a sidewalk connection from Farmington Dlvd to Ladyslipper Drive is an addition associated with this proposed proffer amendment. 23 Onn k Common) Rr..iAn:/inl P'i p, S/,,/rnrcn/ 6,The Applicit ! .Irnrl timer Iran-. 5ii-tbl!ii!Fl6f3H figrrrrrterx--will}-dle-'A f�irti» of five yvlw.rfrrn� die fil; of iitt,-Fcvtgtmi-.-.-:+ppre�wkv-}tlrtr t eptiew.r4or »rt r.t di6oi) l fire- steers s:imr Elie iti.s l}ats; ., n�,q ; sic-sigi») art-dle propo' jed Cli rft»eeoii etv.yeer# Rem!. Ole -An-lbw„rslii+'dr r:=;ji ;niffie enit-mee. 44 gw.4-, stll-lie l�e�trtt3t• -� tilit>i9ittt »-{be <l�' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _" - " Commented [P15J: Proffer removed as it is specific. to the (� 11 t - 1 �� �7 adjoining commercial property. [T�—',Zi.irf.� 7cj f4jeCplTi}ijiie-i1i}'"[ii%i{�i'%i'TCif !11( Prore'rty MIii'J be. 11TTIrTit-ifj'�''JS±i�f' teC{'9'Y'-ritikri4- l Gli't f -w Ctjfl'I� , t6rtd n .9ingli;"leecy';I'-libit t Oil -be "t-i1i`'-Rodid •1,.1" ., n[iS7"fJ1'�itN .ii�`-}ZiiAY}'::ii.Yii-�iC Ce1t9iTtt , l--tit".viblt-i}YNt-JfiC[iTJ'fetr:��ri-i-rrrrci9C:tt7 I I rtte(}ratt "601 fret t tree} _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - Commented [P161: Proffer removed as it is specific to the adjoining commercial property. 6.10 •Pte 1„1.pk .Atikil worh with Q3ilws,c,.,rf .. ld Vr)OT •Le-6 fle ei-.+rcc "11 " rhised,-n=:sTri Irr______.______________________.______.._._...____ Commented[P171: Proffer removedasitisspecifictothe adjoining commercial property. DESIGN STANDARDS -]--�=rtittiitliiil;s-��r}t}litrf Jie-ce�iirriterc-i,il-Wren-el�+lte�r�ert�-s}xrll-lit--eei»::trtic►titl 3itkiiS -Ciji}tf3""f-;i1` --}"-Ciii-rol-ifyie-ftiit}-mm erlitk, Design "I,,.,,emis .1mll be villreSpiPei the evH9i»t}tt��nt3rlcltnrartPr cif fill. e-ii5li- a �itreltilt cwrid f',miriF s{ f}3e 5tir `iirii3ti} 1 4cntle tt ieatl� ii t� nrt� rcrrtir }re»ti b� SP>�>rt,1 .....1� r,dlor ecrt�rtiHtl Its tel rif ttll r�ittttters l»l litiilc}itrj .linll lie l+trtiteeelriE of itf }tt lib tinlPri»ls c,ts+ to»e—.:10m, liriel �1»s•, wood, sttteee ar ctt}tPr }tigli-elrr;l}it;,�}eitg•-�s��firl��rt�i�riri�-tttntPrinl:�5 4Ptnl�ttrre]•.:-sltstllaie-}txeslcil�itetl AS-:t-E{iJ9lSt>HftiN-N3ttlfrtnl-ieiY-tiii-e(ii3tttlPYeit}YNttflElfti _ _ _ _ _ _ _ _ _ _ _ _ _ Commented [P181: Proffer removed as it is specific to the adjoining commercial property. ?._^��tiilriirt},w-t5�ii-lzirt-t�tc- ertttts rirrri;tl-trr;r-ol=fltc--3irhl�ertt`�ltotN-itieerprsr:ttr •stjrrielttig-sesrr3-rttettt4�e,trig '" "'"'.' "' 15 " ' 1 es}mttM _ _ " _ - Comtented [P19]: Proffer rcmovcd as it is "specific to the adjoining commercial property. Page 5 of K) 24 OMk Coiowmnr tfridrurial ]nn(J'sw.urru T31 All facades of any mulu-lani ly residential stnucture located oil the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; 1-1ardishingle and/or llarclitrinn, or material of comparable quality; Azek Trimboards ox material of corn parable unlit - Fypon brackets and/or cornice details; stucco; glass. Any multi- fnnily residential building constructed on the property shall utilize a mixture of buil(ng materials in an effort to relate to the surrounding area. 7.42 Any multi-fanily residential stnuetures located on the Property shall incorporate-Avii baps; and columned porches to more effectively relate to surrounding properties. a- t-tttxrtlly rltyiic+ttl (errl�e t� �tt�l-tlr»�v �elttftrfit•':-��-,.�l:r:i+-�--sttt(;�':-�i;�tt$j S. PARKS AND RECREATION Commented [P20]: The development concept for the project 15 yeah ago planned fora single L-shaped apartment building with 87 dwelling units. As the Proposed proffer amendment now provides for fewer muhi-family units and the intent is not to provide for a single, L-shaped building, the "non -symmetrical massing" language bas been removed. As the referenced Exhibits were specific to a Product for a previous applicant, the reference to those Exhibits has been removed .'..T�ric-ii-rrriifii t'RttY-•i-t :5ittYe pli e ttfft—rtrfrl-tile rr -- t find :. — t.. in .t._ t ...tilt i .trit-7t1ft�`-lfe' deflie"lif (I to Httsttti 1<� t` r tlx- by Ow gellt tni - - - • - - - - - - - - - - - -- -' Commented IP211:'fhe open space has been shifted from the west side of the site to a larger bay of open space on the -_ t•-,ibtit-•:ttttl-i>ttilti-t e.•sst side of the site (3.5 acres vs 6.0 acres) to incorporate the t . ,u.:.. r ,. _. i _:,udH z11m ' existing ephemeral stream located on the Property. After careful consideration, we do not believe dedicating open pror f d frtil» space within an age restricted community for a public park is z-„t,, mo,,,,,:� -,,rz„�„�, -„T,T, #yfy.,{trfftt�tl-!tt sonuthing that will be desired for the development and have deft t} tr zetllritrc�-in �rTr removed that potential option. Jtf'ft}S}i-litH dijig. Th -tt oVE35etl-±)HHiPYfttYi-5}Y1N t'f'Tfrfij Le- Hti-�%t'fY.+('ffi'--R{ifl - ;iW-PJfIjI to I liftiYitiY-ftifit-5',tft'-t`titlfft'EftHtT-tii-ilt('-pfHpHSPd�tY:if1� - _ - - - - - - - - -..-- - 1: Proffer removed as it is specific to the adjoining comnreicta] property. —The Applicant shall contribute to the Board the sum of $248.00 per drivelling unit for parks and recreation purposes, payable upon the issuance of all - ccn tic Permit -- - -..g-- - ---------'- i>tfiitlir con �a tt Fermi[ for each dwellin unity - - - - - Commented P23 . All monetary proffers revised to t ] �ry reflect trigger of occupancy permit for monetary proffers, n r fr•rr-r 3NG of � �r consistent with the Code of Virginia. Fihetllfgitttrtb"t Sll }i( ]�fHlftbttt eli- - - - - _ _ - " Commented [P24]: Proffer removed as the Zoning Ordinance requires full cut-off fixtures and prohibits ems; floodlighting. Page 6 of 96 25 Onirk Caauuoter rJidnriin/ 11ref r Slalrnrew n^.'�} R:s= t>sF]rt3b etrrrrrrcrtetR} igrwb rrtgSeuserry-}�esrti�t+frl F,rc c tf�re re}-l�uttt} s}t•.t}}--}nWt lit-t.-eh o Rrr prcrtxjsrcl emirtnee4 t>rrsrriti r true}. 1I i itnurrr}teil }tt ffrr s tie} si 3s slutl} be ?A let eirf _ _ _ _- - - Commented IP251: Proffer removed as it is specific to the adjoining commercial property. 40,22-1j lottrtEr}c signs s} }} 4m prr>]ti}iifrckrt� t}f pertj� - - ' Commented 1P261: Proffer removed as it is currently a - y - - - - requiremem of the Zoning Ordinance. 44-9 SOLID WASTE AND RECYCLING CONTAINERS 8449.Lj-ocation of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 4-210 FIRE AND RESCUE 8:510.1 The Applicant shall contribute to the Board the sum of $I66.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of aj �64dirrg occopahcy hermit[for each dwel inT_unit _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .. _ _- - - ConwrxMed 1p27I: All monetary proffers revised to reflect trigger of occupancy permit for monetary proffers, 4411 GENERAL GOVERNMENT consistent with requirements of the Code of Virginia. -13jj,1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance. of all ht>i}c}rn>locculran�rmit for each dwelling taut. J _ - , - Commmented IP281: All monetary proffers revised to retket tugger of occltpancy permit for monetary proffers, 44,1.2 PUBLIC SAFETY consistent withrcquirementsoftlteCodeofVirginia. 12.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of ail 1>»i}t6g u permit_for each dtpclling niut _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Cont ""Wed IP291: All monetary proffers revised to rcfkct trigger of occupancy permit for monetary proffers, consistent with requirements of the Code of Virginia. 3-5j- , LIBRARY 13.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unlit for library purposes, payable upon the issuance of ap }mi}c}ifrh �ct�� + c , - - Commented IP301: All monetary proffers revised to pernut for each dwelling unit. reflect trigger ofoccupancy permit for monetary proffers, consistent with requirements of the Code of Virginia. kbj4. FUTURE ROAD IMPROVEMENTS l] l The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for ]inure improvements to Sensed• Road and Greenwood Road, payable upon the issuance of an bt-}ticlirtl,* 1orccujrZ;�permit for each Commented 1P311: All monetary proffers revised to - reflect trigger of occupancy permit for monetary proffers, dwelling unit. consistent with requirements of tltc Code of Virginia. Page 7 of 9b PV Orrirk Commons r ider,/ial P'o'/T sm/uoul/ 1 ?.1—Irtterj��reel ceft+tre+iert� xa t�tElj:+ee ftt FirEti�t rtic lf+fll br: icarfitiFie<4 Eltlritig tFte _^ - f reef - - - " Com..Med 1P321: Proffer removed as the GDP slfows all interparccl comection proposed as part of the development. .• f .,. ". 'zcr-z�rit"x-4-r•'•✓tmi-i=}t1fr51ctczr+irc5 of, i itc`j»'stntrti it tt---t i mm 11 of10' lklml4. Commented 1P331: Proffer removed as it is specific to the adjoining commercial property. �iif''�'�1�iif8;if}(--S}1R}I-Fftt2Ei9fiH�'M'-`t-S1tk}2tfNiflfi-f>�-ir4 tr-E)i-i13t J}ilCYtef`�>eYfff171`r'E1i 3firf••••nz, g leis for—if34—Parl�ifti, erteE rilltrri—dit c-efttrffer6ffl—tarts of Flit, h' 1 SIGNATURES APPEAR ON THE FOLLOVIING PAGES Page 8 of 96 Commented 1P341: Proffer removed as it is specific to the adjoining commercial property. 0A OM(/' C0111111011I 1 tiliulinl P1o(%rr Slnlullyd/ Respectfully submitted, O Dave Holliday Construction, Inc. ffieh- By: Tide: SPATE OF VIRGINIA, AT LARGE FREDERICK COUNM', To-% it: The foregoing instniment was acknowledged before me this clay of , XK* t>2 by My commission expires Notary Public Pagc 9 of 9G 28 Orn(k COn/r//prrJ rriArnrial Aroffer•Shyelvenl --TRtrMtht)"t-A 1. ;P+k— My e(mm ett�t�� N."')-PtrliH'- RtI��t+ljrtti+tech Page 10 of 9�) 29 AMENDMENT Action: PLANTNIFNG COMMISSION: May 3, 2006 - Recommended Approval BOARD OF SUPERVISORS: .tune 28, 2006 0 APPROVED IJ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 1104-06 OF ORJUCK CEMETERY, INC. WHEREAS, Rezoning #04-06 of Orrick Cemetery, Inc., submitted by Patton Ban -is Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, for Mixed Use Commercial/Residential, was considered. The property is located on the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number (PIN) 55-A-201. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 3, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 24, 2006; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, 'Zoning, is amended to revise the Zoning District Map to change 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to 132 (General Business) District with proffers, for Mixed Use Commercial/Residential, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRcs 1117-06 30 This ordinance shall be in effect on the date of adoption. Passed this 28th day of June, 2006 by the following recorded .rote: Richard C'. Shickle. Chairman Aye Barbara E. Van Osten Aye Gary Dove Aye Bill M. Aye Gene l--:. fisher Aye Charles S. Del-laven..lr. Aye Philip A. Lemieux Aye A COPY ATTEST Jobn 4,Alcy, Jr. Frederick County Administrator I'DRes 917-06 31 Orrick ComnroaJ Prc1 rStsfrmri;: PROPOSED PROFFER STATEMENT REZONING: RZ. RA (Rural Areas) to RP (Residential Performance) 33.61 acres +/ and B2 (Business General) 22.06 acres +/- PROPERTY: 55.6708 Acres +/-; Tax Map Parcel 55-A-201 (the "Property") RECORD OWNER Orrick Cemetery Company, Inc. APPLICANT: Paramount Development Corporation JUN 9 PROJECT NAME: Orrick Commons ORIGINAL DATE OF PROFFERS: December 6, 2005 REVISION DATE(S): February 13, 2006 March 22, 2006 April 13, 2006 May 12, 2006 May 24, 2006 June 2, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP and B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons" dated November•15, 2005 revised May 12, 2006 (the "GDP"), and shall include the following: Page 1 of 9 32 Orrick C.or;morr 1'rc,'rS:::crr;:: 2. LAND USE: 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi -family units, the rrimre of which mill be dictated by the Frederick County Code. The locations of the single family units and multi -family units shall be located as generally depicted on the GDP. 1.3 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fai- Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. 5 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Proffer Statement as approved by the Board. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. Page 2 of 9 33 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (i) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or othen�rise granted to the HOA by appropriate instniment and (v) responsibility for payment for maintenance of streetlights. WATER & SE`VER 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance With the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be bome by the Applicant. ENVIRONMENT: 5.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Ston-nwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results ii the highest order of storinwater control in existing Virginia law at the time of construction of any such facility. 5.2 The applicant shall preserve a mininum of 8,000 square feet as a tree save area in the location depicted on the GDP to protect the existing trees located in this area of the Property. Gearing or grading of said tree save area shall be prohibited. 6. 'TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton I -Barris Rust & Associates, dated October 11, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right rum lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed within existing right of ways. Page 3 of 9 34 Orrick CoirmonJ PmfJfer Sias mer! 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupany for the first single family dwelling unit. Design of Famuington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) 6.4 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Green -,snood Road (Route 656). (See 3 on GDP). Said tum lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the notthbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right-of-way along Senseny Road (Route 657) and 15 feet of additional right-of-way along Greenwood Road (Route 656). Said right of ways shall be dedicated within 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan (MDP) and/or site development plan (SDP) process and shall include a connected sidewalk systern within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, iit the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a Iandscaped median with street trees. Page 4 of 9 35 017ilk CDIEMAV -prol er sioil"-wi/ 6.10 The Applicant shah work -"Ith County Staff and VDOT at the tune of site plan review to instal] a raised, textured, concrete median on Senseny Road if deemed appropriate. The size and width of said median shall be determined by NrD OT. 7. DESIGN STANDARDS 7.1 All buildings Within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade fronting Senseny Road and/or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick, stone, or simulated stone; wood; Hardishingle and/or Harditrim, or material of comparable quality, Azek Trimboards; Fypon brackets and/or cornice details; stucco; glass. Any multi -family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi-fanidy residential structures located on the Property shall incorporate non-syrr metncal massing, bays, and columned porches to more effectively relate to surrounding properties as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. PARKS AND RECREATION 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilizing an existing pond. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. 8.2 The Applicant shall design and build a public pedestrian -bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails Page 5 of 36 OT77i k Commons Pr offor shall be 10 feet in width with an asphalt surface and shall be constricted in the locations generally depicted on the GDP prior to occupancy of any commercial bad ng. The trail crossing of the proposed boulevard style entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit 9. LIG3 MNG PLAN 9.1 Low impact outdoor lighting meeting dart: sky criteria will be utilized with a max-imum pole height of 25 feet high using full cutoff lununaries. Floodlighting will be prohibited. 10. SIGNAGE 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property 11. SOLID WASTE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 12.1 The Applicant shall contribute to the Board the sum of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each d,�velling unit. 13. GENERAL GOVERMIENT 13.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLICSAFETY 14.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 91M The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. FUTURE ROAD IMPRONjEMENTS The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. I NTERPARCI; L CONN M CTI ONS Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. CORRIDOR E NHANC EIVIE NTS The Applicant shall locate street trees along the road frontage of both Senseny Road and Greenwood Road to enhance the visual characteristics of both corridors. Said street trees shall be planted a maximum of 40' apart. INTERIOR LANDSCAPING The Applicant shall landscape a minimum of 6% of the interior portions of parking lots for all parking located within the commercial area of the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES Um:k Commons Projf rDammen Respectfully submitted, Orrick Cemetery Company, Inc. x Title: <' t , r! ! STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To- v6t: The foregoing instrument was acknowledged before me thisi� day 2006, by Df Mycommission expires . \\ Notary Public Page 8 of 9 39 Orrick Commons J'roo#er Statement Paramount Development Corporation Title: ?,V�C3/DFV-r ,o �! �ig� STATE OF VMC4NIA AT LARGE W*ELZRICc couNTY, 'ro-wit: V The for going insuum as acl nowled b e me di, ' day of 200Ly. IMy co ss'o`� Notary Public Respectfully s ed, Page 9 of 9 40 _ T o G�% _ °00,,4oao• � Tree Save Area 3.5Aue SINGLE FAMI 55,000 SF �� Cominun((y Park 'A Gommerciet (Age Restrict( r ® nuance 111*. '•` ®\�dA� �♦ = Proposed Pedestrian- �� (TOTAL RESIDENTIAL `Bicycle Trail COMMERCIAL Cornrnericsl - / Resident rrr (22.06 Acres) Cononnectlection � • 1 MULTI -FAMILY f / � (Age Restricted) Signalized Entrance Proposed Pedestran-Bicycle Trail JRRICK U�.... s,,,,o.. o,.�.,.. 1p�E.cai. Arcn,(..(a FR �4r-w—•*�� GENERALIZED DEVELOPMENT PLAN carnrmrx COUNT E EXHIBIT A •�i �,}��"-��1 M.. •.r''1w11f• �. �r�y�.i.., I,•�.!t .!.'r 19 {{, r I,'e:,, i' : �r'y�' 4 �.,. � I •�., i�;s ,�'fe,�� 'T�' '.� "]L�{ I � r� eat �j)�•'� � NI (r) ' .� �, '.���{!: ,�.r��1ci.� �.• ,' ;�i Ini7 '�'�5. it 1; 111 .,'y}�f � ' r r�r• M r' �` • ' I. r .� /1'f' ,''�i�f` I' (ki'1I,LL) r• `1� Multi—fam •' �� , 6'r 1 �' r' �,r }, ti rj �'y J, ll 46.r�. nr....' r!;rI111,�.. ;{�r ^•.)., ' ' 1 •�'� •�t' 1.11 '�. 1 i:j t.•�: T•; �ll, _;.,�C`I %l, p 4y x ; ( .x.i_ — ' `, f) r , (Yt � • 1.�,.1;1� • )�' 1 �I1�_� �. � s �,�. ` �.�` .� fy, ��t�li �\�.• "���� ' I� � ��t� :•r�� , sr•r . -`�� vt J �'1 (/ ��ll'(�Y'yY, �} :`� y'(•,.�` • ~s.1 C, a �_ '!Iwf''J err? iL : �}�'• J..r.�',, .' � :1�� 1.4; f - � 17w'�[� : �� i % 1.4 It. !) �t 1S",•��r1 I1{I' - ` '��- - (� ,'1 i1�. �• r I :• l fl i • k r� � � L r /11 iI .IIA ,7.' �•) ` ZI�1•!� ` l {. 1 1:�7*• y •M1l l 6l; ( I fi;) •; EXHIBIT B Applicant: Residential Units (number) SFD SFA MFD Non -Residential (sq. ft.) Retail Office OUTPUT MODULE Orrick Commons 184 Units 92 0 92 55,000 Sq. Ft. 55,000 Sq. Ft. 0 Sq. Ft. Total capital facilities impacts to mitigate $ 2,976,608 Total revenue from commercial component $ 3,206,871 10 Year average of expenditures toward capital items 18% Revenue to assign as credit from commercial component $577,237 Total capital facilities impacts left to be mitigated $ 2,399,371 Total Cost of Total Net Cost of Capital Facilities Capital Facilities Per Unit Fire And Rescue $1 15,922 $93,442 $508 General Government $51,916 $4 1,848 $227 Public Safety $106,817 $86,102 $468 Library $43,278 $34,885 $190 Parks and Recreation $346,848 $279,586 $1,519 .......I .......... . School Construction $2,31 1,828 $1,863,508 $10,128 Total $2,976,608 $2,399,371 $13,040 44 ORRICK COMMONS RESIDENTIAL Proffer Amendment — Impact Statement — 8/6/21 Background and Summary of Proposed Revisions On June 24, 2006, the Frederick County Board of Supervisors (the "BOS") approved Rezoning Application 04-06 for Orrick Commons (the "2006 Rezoning"). The Orrick Commons property is located in the NE quadrant of the intersection of Senseny Road and Greenwood Road and the 2006 Rezoning provided for 22.06 Acres of commercial and 33.61 acres of age -restricted residential. The residential portions of the project, identified by Frederick County as tax map parcel 55-A-201B (the "Property"), provides for the final connection of Farmington Boulevard between the existing Lynnehaven and Steeplechase Subdivisions. This proposed proffer amendment applies only to the 33.61 acre residential area of the project, as identified on the location map attached as Exhibit A, and proposes the following primary changes to the existing approval: A. Housing Types The 2006 Rezoning permits a mixture of single family (attached and detached) as well as multifamily housing types. The 2006 Rezoning does not limit the maximum number of dwelling units permitted on the Property, so the maximum permitted currently by the RP zoning district regulations would be 201 dwelling units. The proposed proffer amendment would limit the maximum number of residential units to 170. In addition, the proposed proffer amendment provides additional detail on housing types, limiting multi -family housing on the project to a maximum of 48 units. The proposed proffer amendment maintains the age -restricted requirement for all dwelling units. B. Proiect Layout The proposed proffer amendment includes a revised Generalized Development Plan (GDP) providing additional detail for the layout of the project. As shown on the GDP, the multi -family area of the project remains consistent with the 2006 Rezoning. Housing types for the perimeter of the site are now limited to single family detached dwellings, providing for a better transition with the existing, adjoining subdivisions. Age -restricted townhomes would then be located internal to the site. A proffered interparcel connection between the residential area and the adjoining commercial area is also maintained. A side -by -side comparison of the existing and proposed GDP is provided as Exhibit B. C. Community Park/Open Space Area As shown on the existing GDP for the 2006 Rezoning, the development planned previously included a 3.5 acre open space/community park area along the eastern limits of the site. This 45 ; -�7 , Ct rf i Project FP Project w sit Nil kL,b m GDP - Existing 000 4"Vq.., SING! F F r "Z (IOIAI-Rt-S.'Df.NIIAI- c. 33.61 Az,;ts COMWJCIA,- 4 - (22.06 Aacs) WAJI FAMI f A" in Pjj�-A GDP — Proposed: 4w —2. , If, (hock f..— R—d—O Exhibit B - Existing and Proposed GDP 47 area included an existing, shallow farm pond. A wetland delineation of the site identified an existing ephemeral stream channel on the western portions of the Property. The proposed development plan, as shown on the proposed GDP, would locate a larger open space area on the western portions of the Property with the proposed proffer statement prohibiting disturbance of the stream channel. The proffer statement associated with the 2006 Rezoning provided the option, if agreed to by both Frederick County and the owner of the Property, for the open space/community park area to be dedicated to the County. With the project being age restricted, the current owner of the Property would not desire to dedicate land within the project to the County for a public park. Accordingly, that proffer has been removed. Age -appropriate recreation amenities would be provided within the project consistent with current Zoning Ordinance requirements. With the configuration provided by the proposed GDP, the new development plan utilizes land more efficiently, allowing for additional open space with protection of the existing ephemeral stream channel and, ultimately, less impervious area and its associated impacts to stormwater management. D. Multi -family Residential The area planned for multi -family residential units mirrors that from the 2006 Rezoning Application, with those units located as a transition between the commercial and single family areas. In 2006, the intended development plan included a single, large building for the multi- family units. The master development plan previously approved for the project provided for up to 87 multi -family units. The 2006 Rezoning included a building materials palette for multi -family units as well as elevations to depict additional requirements, such as "non -symmetrical massing'. The 87-unit building planned for as part of the 2006 rezoning included an "r shape to its layout, thus the proffer for "non -symmetrical massing". As the proposed development plan reduces the total number of age -restricted multi -family units to 48, the proposed proffer statement removes the elevation exhibits and proffered "non -symmetrical massing", but maintains the design materials palette for the units as well as other proffered requirements associated with the 2006 Rezoning, including the requirement for bays and columned porches. Adioining Properties Adjoining properties include single family detached dwellings within the Steeplechase, Briarwood Estates, and Lynnhaven subdivisions as well as single family detached dwellings fronting Senseny Road and the Orrick Commons commercial development to the west. By locating family detached and open space areas along the common boundaries with the adjoining subdivisions, the project provides for a transition from the existing adjoining subdivisions. The age -restricted multifamily housing is located immediately adjoining the existing Orrick Commons commercial land bay serving as a transition from the commercial uses to the single family detached and attached product proposed within the Property. 48 Impacts to Community facilities The proposed proffer amendment results in a net decrease of units from those permitted by the 2006 Rezoning, so impacts to community facilities associated with this application will be unaffected or less than those approved as part of the 2006 Rezoning. The existing monetary proffers for community facilities as well as transportation improvements remain unchanged from the 2006 Rezoning. A. Public Schools The application proposes no changes to the age restricted designation for all dwelling units within the project, resulting in no impacts to public school facilities. B. Trash Service The project will utilize private refuse collection services administered by the HOA, which will result in limited impacts to the Greenwood convenience center. C. Sewer and Water Facilities The project will serve to connect the existing water mains within the Steeplechase, Briarwood Estates, and Lynnhaven subdivisions. This will provide for additional loops/redundancy within the system. For 170 dwelling units, using an average of 200 gallons per day, the expected water and sewer demands for the subdivision are 34,000 gallons per day. Sewer will be provided by connection to the existing main within the Lynnhaven subdivision, immediately adjoining the project area, which will convey sewage flows to the Opequon Wastewater Reclamation Facility. D. Traffic The project provides for the construction of Farmington Boulevard, which will finalize the connection of this planned minor collector road from Channing Drive to Greenwood Road. In addition, the proffer statement includes a monetary contribution of $2,854.00 per dwelling unit for transportation improvements within the vicinity of the site. E. Emergency Services Emergency services for the site will be provided by Greenwood Fire and Rescue. The construction of Farmington Boulevard through the site will provide for additional connectivity for emergency response vehicles serving the area. F. Stormwater The site generally flows from West to East. Stormwater design for the site will fall under the latest regulations, providing for both quantity and quality controls. 49 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 June 15, 2021 Mr. Patrick Sowers Dave Holliday Construction Inc. 420 W. Jubal Early Drive, Suite 103 Winchester, Virginia 22601 RE: Proposed Rezoning for Orrick Commons Residential Property Identification Numbers (PIN): 55-A-201B Dear Patrick, I have had the opportunity to review the draft rezoning application for Orrick Commons. This application seeks to rezone 33.61 acres from the RP (Residential Performance) District with proffers to the RP District with revised proffers. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Senseny Eastern Frederick Urban Area Land Use Plan. The 2035 Comprehensive Plan and the Senseny Eastern Urban Area Land Use Plan provide guidance on the future development of the property. The Plan identifies this property with a residential land use designation; the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing/proposed zoning is generally consistent with the goals of the Plan. 2. Impact Statement. Provide an impact statement with this rezoning per §165-102.05. 3. Proffer 6.3. Proffer 6.3 should include the Property Identification Number for the referenced commercial property or refer to the proffer statement that applies to the referenced property. 4. Capital Impact Model. The proposed proffer statement shows the monetary proffers that were approved with the original rezoning. The rezoning does not account for the updated impacts shown in the Frederick County Capital Impact Model — please see the attached. 50 Preliminary Rezoning Comments Orrick Commons Residential June 15, 2021 Page 2 S. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director- Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 6. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Parks and Recreation, Frederick County Fire Marshal, Frederick Water, Frederick County Transportation, and the County Attorney. 7. Fees. Based on the fees adopted by the Board of Supervisors, the rezoning fee for this application would be $13,361 based upon acreage of 33.61 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 51 CASH PROFFER ELIGIBLE SUMMARY PAGE Capital Impacts Model "ri c h l eri e Frederick County, Virginia riSCAL I EMAO IC I PLANNING General Service Area School or School Region Elementary Region Middle School Region High School Fire & Rescue Service Area Urban Evendale Admiral Byrd Millbrook Millwood SUMMARY OF PROJECT OUTPUTS Project CAPITAL COST IMPACTS FOR DEVELOPMENT PROPOSAL Housing Units Projected Population Projected Students Elementary School Students Middle School School Students High School Students Projected Total Students Nonresidential Sq. Ft. Projected Jobs 284I - I 284I 0 - 0 0 - 0 0 - 0 0 - 0 - 0 0 - 0 0 Frederick County Capital Impacts Model Developed by TischlerBise © 2019 Frederick County Capital Impacts Model Run on 3/23/2021 52 CASH PROFFER ELIGIBLE SUMMARY PAGE Capital Impacts Model Frederick County, Virginia i c erBi FISCAL I ECONOMIC I PLANNING CASH PROFFER ELEGIBILE INFRASTRUCTURE CATEGORIES, RESIDENTIAL 170 $0 $0 iii tl: - 170 $302,320 $1,778 %tyiIli'v1.1) Fx Ici4fol I 170 $0 $0 Frederick County Capital Impacts Model Developed by TischlerBise © 2019 Frederick County Capital Impacts Model Run on 3/23/2021 53 PROJECT SUMMARY PAGE ---� Capital Impacts Model 1 _(' iSChIe_' i s e Frederick County, Virginia I I. ('m 1 , It 11411.111. SUMMARY OF PROJECT INPUTS Test Project General Service Area I Urban School or School Region Elementary Region Evendale Middle School Region Admiral Byrd High School Millbrook Fire & Rescue Service Area IMIllwood Library Region jurban Park Region jUrban Single Family -Detached 0 Single Family -Attached 0 Multifamily 0 Age -Restricted Single Family 170 Additional Housing Unit 0 TOTAL DWELLING UNITS 170 i3rots)^0410*ft Retail 0 Office and Other Services 0 Industrial 0 Institutional 0 TOTAL NONRESIDENTIAL SQUARE FOOTAGE 0 Frederick County Copilot Impacts Model Developed by Tischlerilise O 2019 Frederick County Capital Impacts Model Run on 312312021 Orrick.xlsm Printed on 3/23/2021 Page 3 of 4 54 T1sch e�r�3f i s e SUMMARY OF PROJECT OUTPUTS Test Project CAPITAL COST IMPACTS FOR DEVELOPMENT PROPOSAL •��� •- ,�, 3'f - IDEI{it1A NON&SID /AL TOTAL :} Housing Units 170 170 Projected Population 284 284 Projected Students Projected Elementary School Students 0.0 0.0 Projected Middle School School Students 0.0 0.0 Projected High School Students 0.0 0.0 Projected Total Students 0.0 0-0- Nonresidential Sq. Ft. 0 0 Projected Jobs 0 0 I i�tlsr.lt/.r;liV,tt!hhlila�f; ,,.a . � , INFRASTRUCTURE CATEGORY RESIDENTIAL - -- - -- NONRESIDENTIAL - ----------- - TOTAL RESIDENTIAL NONRESIDENTIAL TOTAL - - - ---- - - - - ------- --- - - - �,rr-7110,7,t!'ril 1�I re 1 $110,925 $0 $110,925 $52,362. $0 $52,362 ��j3rild> j $25,730 $0 $25,730 $0 $0 $0 $302,320 $0 $302,320 $302,320 $0 $302,320 Ittl(I'1/,'71/x,i��l�ll'! $7,985 $0 $7,985 $0 $0 $0 J(i1�ld;f1?) $39,679 $0 $39,679 $0 $0 $0 7 i'1 rfe}I r $86,438 $0 $96,438 $86,438 $0 $86,438 $23,096 $0 $23,096 $23,096 $0 $23,096 $27,797 $0 $27,797 $27,797 $0 $27,797 r i l� • • •' r"•t $623,970 $0 $623,970 $492,0I3 $0 $492,013 ' . 0 $446,960 $0 $446,960 $354,682� $354,682� • Cash proffer categories limlfed to puhllc safety facilities, school facilitles, and porks & rec facilities __ - - �$0 Frederick County Capitol Imparts Model Developed by Tlschler08e 02019 Frederick County Copitollmpocts Model Run on 3123/2021 Orrick.xism Printed on 3/23/2021 Page 4 of 4 55 !" Gmail Patrick Sowers <patrickrsowers@gmail.com> Orrick Commons Residential - VDOT Comments to Rezoning Rhonda Funkhouser <Rhonda.Funkhouser@vdot.virginia.gov> Tue, Jun 29, 2021 at 8:53 AM To: Patrick Sowers <patrickrsowers@gmail.com> Cc: jbishop@fcva.us, "Riggleman, Bradley" <bradley. riggleman@vdot.virginia.gov>, Lloyd Ingram <Iloyd.ingram@vdot.virginia.gov> �j } �. it ..v yy.t.� � • �� � � %t DEPARTMENT OF TRANSPORTATION 14031 Old Valley Pike Edinburg, VA 22824 Mr. Sowers, A VDOT review has been conducted for the Orrick Commons Residential Rezoning dated May 24, 2021. The documentation within the application to rezone this property appears to have little measurable impact on Route 656 (Greenwood Road) and Route 1080 (Farmington Boulevard). These are the VDOT roadways which have been considered as access to the referenced property. VDOT is satisfied the transportation proffers offered in the Orrick Commons Residential Rezoning application dated May 24, 2021 address transportation concerns associated with this request. If you have any questions or need further information, please do not hesitate to contact me. Regards, Lloyd Ingram Land Development Engineer Edinburg Residency Office I Land Use 14031 Old Valley Pike I Edinburg, VA 22824 Phone #540.534.3214 1 Fax #540.984.5607 Email: Lloyd.ingram@vdot.virginia.gov 56 Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering RECEIVED 107 North Kent Street Suite 200 MiAY 2 4 2021 Winchester, Virginia Frederick Gaunty - PuNio Ultvflr3 {rfr���,Fetivr_rs Applicant: Please -'fill out the information as accurately as possible in order to assist the*Department of I PublicWotks-with their review. Attach a copy Of -your application 'form,.location map, proffer 11 statement, impact analysis, and any other pertinent infortanation. Applicant's Name: Dave Holliday Construction, Inc. Telephone: 540-667-2120 Mailing Address: 420 W. Jubal Early Drive, Suite 103 _ and East of the terminus of Farmington Blvd in Steeplechase. Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd In Lynnehaven subdivision and East of the terminus of Farmington Blvd In Steeplechase. Current zoning: RP Zoning requested: RP Acreage: 33.61 Department of Public Works Comments: Public Works Signature & Date: I( Z'Zj Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 57 ! RECEIVED 2 5 .�21 Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: Please G11 out the.information as accurately as. possible, in order. to assist the Frederick-County.l Fire- Marshat with his review.. Attach a copy of your application forth, loc�iY' n inap, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Dave Holliday Construction, Inc. Mailing Address: 420 W. Jubal Early Drive, Suite 103 Telephone: 540-667-2120 Winchester, VA 22601 Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd In Steeplechase. Current zoning: RP Zoning requested: RP Acreage: 33.61 Fire Marshal's Comments: z Fire Marshal's Signature &Date: JOEL--- 1 29 Notice to Fire Marshal - Please Return This Form to the Applicant 23 58 Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 Phone:540-665-6350 Fax:540-678-4739 fmo@fcva.us Plan Review Rezoning Business Name Orrick Commons Orrick Commons Senseny Rd/Greenwood Rd Winchester, Virginia 22602 Contractor: Dave Holliday Construction Received Date: 05/25/2021 Review Begin Date: 05/28/2021 Review End Date: 05/28/2021 Hours: 1.0000 Occupancy Type: Property Use: Activity Number: Review Cause: Project Name Residential Subdivision **M Adam Hounshell Lieutenant/Assistant Fire Marshal Status: Approved Printed Date: 05/28/2021 1051035 New Construction Page 1 of 1 59 Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Applicant's Name: Dave Holliday construction, Inc. Mailing Address: 420 W. Jubal Early Drive, Suite 103 Telephone: 540-667-2120 Winchester, VA 22601 Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Current zoning: RP Zoning requested: RP Department of Parks & Recreation Comments: Acreage: 33•B1 � • ... . .. � ' � ►• 'fir' � Pks. & Rec. Signature & Date: Notice to Department of Pa Recreation - Please Return This Form to the Applicant 24 c Rezoning Comments Frederick Water Mail to: Hand deliver to: Frederick Water Frederick Water Attn: Engineer Attn: Engineer P.O. Boa 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) 868-1061 I Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy ,of your application form, location map, proffer statement, .impact analysis, and any; other.iiertrnent"information. ........_....+<i..x.awa.v..a....�...+......c.w-....w.«..vu..v.�rL..r.......r�.u.......+..a�r. e:..t�,df-.:.vi.. n.w...�.is.w...t.n.".N..-._r......raJ:.w..-.w..r.-...�u....n...-......L........w.d...l.w-�.iAto-...........:.e. Applicant's Name: Dave Holliday Construction, Inc. Mailing Address: 420 W. Jubal Early Drive, Suite 103 Telephone: 540-667-2120 Winchester, VA 22601 Location of property: Generally N2 quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd In Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Current zoning: RP Zoning requested: RP Acreage: 33.61 Frederick Water Comments: Frederick Water Signature & Date: ZloAw Notice to Frederick Water - Please Return This Form to the Applicant 26 61 Rezoning Comments Frederick -Winchester Service Authority Mail to: Hand deliver to: Fred -Wine Service Authority Fred-Winc Service Authority Attn: Executive Director Attn: Executive Director P.O. Box 43 9 W. Piccadilly Street Winchester, Virginia 22604 Winchester, Virginia (540) 722-3579 Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Winc Service AuthorltN with their rcvicA•. Attach a copy of your aAn Applicant's Name: Dave Holliday construction. Inc. Mailing Address: 420 W. Jubai Early Drive, Suile 103 WSnchester. VA 22601 Telephone: 540-667-2120 Location of property: Generaipr NE quadrant of Senseny Road and Greenwood Road, Current zoning: RP Wast of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the tern*vjs of Farmington Blvd in Steeptechsse. Zoning requested: RP Fred-WinAAc Service Authority's Comments: �1. l S/A n e rs 6 r rn M Fred-Winc Service Authority's Signature & Date: _ a Acreage: 33.61 11 28 A. `Atot -h, Notice to Fred-Winc Service Authority - Please Return Form to Applicant 34 62 Gmail Orrick Commons Patrick Sowers <patrickrsowers@gmail.com> Wayne Lee <Leew@fcpskl2.net> Tue, Jun 8, 2021 at 10:51 AM To: Patrick Sowers <patrickrsowers@gmail.com> Cc: David Sovine <Sovined@fcpskl2.net>, Al Orndorff <o mdorfa@fcpskl 2. net>, John Grubbs <Grubbsj@fcpskl2.net>, Calvin Davis <davisc@fcpsk12.net>, Tyler Klein <tklein@fcva.us> Patrick, Good morning. As Orrick Commons will be retaining its age restricted status, FCPS offers no comments. Thanks. Wayne Kenneth Wayne Lee, Jr., ALEP, LEED AP Coordinator of Planning and Development Frederick County Public Schools 1415 Amherst Street Winchester, VA 22601 teew@fcpskl2.net (office) 540-662-3889 x88249 (cell) 540-333-2941 CONFIDENTIALITY NOTICE. This email message and any attachments are for the sole use of the intended recipient and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited and may be a violation of law. If you are not the intended recipient or a person responsible for delivering this message to an intended recipient, please contact the sender by reply email and destroy all copies of the original message. All communications may also be subject to Virginia's Freedom of Information Act W COUNTY of FREA DERI CK Roderick It. Williams County Attorocy .540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us June 29, 2021 VIA E-MAIL — Patrick.R.Sowers(ii.gmail.com — AND REGULAR MAIL Mr. Patrick Sowers Dave Holliday Construction, Inc. 420 West Jubal Early Drive, Suite 103 Winchester, Virginia 22601 Re: Rezoning Application — Orrick Commons, Parcel Number 55-A-201B (33.61± acres) (the "Property") — Proffer Statement dated May 5, 2021 Dear Patrick: You have submitted to Frederick County for review the proposed proffer statement (the "Proffer Statement") for the above -referenced proposed rezoning of the Property, in the Redbud Magisterial District, from the RP (Residential Performance) District, with proffers, to the RP (Residential Performance) District, with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: 1. In the heading of the Proffer Statement, please delete the word "Proposed". In our experience, when that word is in the initial version, we find that it ends up remaining throughout the process and then causes confusion at the time of recording the Proffer Statement in the land records. 2. Also relative to the heading, because we record Proffer Statements in the land records, to comport with the standards for recorded documents, please change the name of the record owner and applicant to appear as bold, underlined, and capitalized. 3. Proffer Statement, Introduction, 2nd paragraph — In the reference to the GDP, please change the text to indicate that the GDP is attached to and incorporated as part of the Proffer Statement. 4. Proffer Statement, Section 3.2 — Given the proposed inclusion of private streets in the development, it would appear appropriate to include maintenance of private streets among the indicated responsibilities of the HOA. 107 North Kent Street o Winchester, Virginia 22601 64 Mr. Patrick Sowers June 29, 2021 Page 2 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that review will be done by staff and the Planning Commission. Sincer •ly-yours, /Roderi�l<B. Williams County Attorney cc: Candice B. Perkins, Department of Planning and Development (via e-mail) REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Dave Holliday Construction, Inc. Specific Contact Person if Other than Above: Patrick Sowers Address: 420 W. Jubal Early Drive, Suite 103, Winchester, VA 22601 Telephone: 540-336-3333 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: Patrick. R.Sowers c@gmail.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Specific Contact Person at Firm: Address: Telephone: Email: Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 66 4. Project Name (if any): Orrick Commons Residential 5. Property Information: a. Property Identification Number(s): 55-A-201 B b. Total acreage of the parcel(s): 33.61 Acres c. Total acreage of parcel(s) to be rezoned (if other than whole parcels) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: RP - 33.61 Acres e. Proposed zoning designation(s) and acreages) in each designation: RP - 33.61 Acres f. Magisterial District(s): Red Bud g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): West of terminus of Farmington Blvd within Lynnhaven Subdvision and East of terminus of Farmington Blvd within Steeplechase Subdivision. h. Adjoining Properties: Parcel ID Number See attached. Use Please attach additional page(s) if necessary. Zoning Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 67 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Dave Holliday Construction, Inc. David B. Holliday Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: 0 Location Map P/ Plat Depicting Metes/Bounds of Proposed Zoning Impact Analysis Statement ED Proffer Statement (if any) Agency Comments Fee ❑✓ Copies of Deed(s) to Property(ies) ❑✓ Tax Payment Verification 0✓ Digital copies (pdf s) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Date 21 If ' ning on behalf of an entity, please state name of entity and your title: r ¢t ,%f o ,n l _ eL c !.4 O / I i ��l�a_�/ �..dL S ✓ . 10 &1 Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 Orrick Commons Residential - Adjoining Properties Tax Map Owner Address 55J-2-1-24 Amy Miller 124 Ardeyth Ln Winchester, VA 22602 55J-2-1-23 Alison Van Sickler 119 Ardeyth Ln Winchester, VA 22602 55J-2-1-22 Thomas Sosebee 117 Ardeyth Ln Heather Sosebee Winchester, VA 22602 55J-2-1-21 Richard Whaley 115 Ardeyth Ln Marinette Whaley Winchester, VA 22602 55J-2-1-20 Michael Huck 113 Ardeyth Ln Amy Huck Winchester, VA 22602 5J-2-1-19 Michael Kenyon 111 Ardeyth Ln Jennifer Kenyon Winchester, VA 22602 55J-2-1-18 Erlin Parades Izaguirre 109 Ardeyth Ln . Winchester, VA 22602 55J-2-1-17 Johri Shelor 107 Ardeyth Ln Robyn Shelor Winchester, VA 22602 S5J-2-1-16 Corey Hiett 105 Ardeyth Ln Britney Hiett Winchester, VA 22602 551-2-1-15 Dena Marrale 103 Ardeyth Ln Winchester, VA 22602 55J-2-1-14 Dennis Sherrill 101 Ardeyth Ln Stephanie Sherrill Winchester, VA 22602 55J-2-1-13 Mark Claycomb 231 Farmington Blvd Emilyn Claycomb Winchester, VA 22602 55J-2-1-69A Steeplechase Homeowners P.O. Box 4364 Association, Inc. Winchester, VA 22604 I 55J-1-6-118 Chad Crosbie 210 Trefoil Ct Emily Crosbie Winchester, VA 22602 55J-1-6-119 Jimml Escolero Obando 212 Trefoil Ct Winchester, VA 22602 55J-1-9-204A Brlarwood Estates P.O. Box 2070 Homeowners Association Purceliville, VA 20134 55J-1-9-194 Darrin O'Donnell 120 Teaberry Dr ! Deborah O'Donnell Winchester, VA 22602 55J-1-9-195 Zachary Paine 122 Teaberry Dr Bonnie Paine Winchester, VA 22602 I 55J-1-9-196 Alberto Otoya 124 Teaberry Dr Winchester, VA 22602 55J-1-9-197 Stacy Spates 126 Teaberry Dr Adam Spates Winchester, VA 22602 i 55J-1-9-198 Mary Whitbeck 4504 Senseny Road Berryville, VA 22611 55J-1-9-199 Edward Hillyard, III 1130 Teaberry Dr Jennifer Hillyard 1WInchester, VA 22602 70 55J-1-9-204 Bruce Hull 215 Ladyslipper Dr Alice Irvin Winchester, VA 22602 55K-12-2-25 Darlene Campbell 401 Farmington Blvd Winchester, VA 22602 55K-12-2-24 Gene Orr 400 Farmington Blvd Laurie Orr Winchester, VA 22602 S5K-1-1-14 John Robben 118 Sesar Ct Dawn Robben Winchester, VA 22602 55K-1-1-13 Randall Golden 120 Sesar Ct Lisa Golden Winchester, VA 22602 55K-1-1-12 Jack Funkhouser, Jr 121 Sesar Ct Winchester, VA 22602 55K-1-1-24A Lynnehaven, LC 21 S Kent Street, Suite 1 Winchester, VA 22601 65-A-23 Leonel Majano-Torress 2105 Senseny Rd Ana Majano Winchester, VA 22602 65-A-22 George Damko 2097 Senseny Rd Winchester, VA 22602 65-A-21 Rocky Rhodes 2085 Senseny Rd Phylliss Rhodes Winchester, VA 22602 55-A-203 Charles Lloyd 2045 Senseny Rd Winchester, VA 22602 SS-A-202 Charles Lloyd 2045 Senseny Rd Penny Lloyd Winchester, VA 22602 65A-1-8 Ronald Green 2037 Senseny Rd Winchester, VA 22602 65A-1-7 Henry Agragaard, III 2031 Senseny Rd Winchester, VA 22602 65A-1-6 Skp Baker 520 Burnt Factory Road. _ Vickie Baker Stephenson, VA 22656 65A-1-5 Marshall Baldwin P.O. Box 101956 Arlington, VA 22210 65A-1-4 Bryan Goodwin 49 Benson Ct Bernice Marks Front Royal, VA 22630 65A-1-3 Genoa Kees 2009 Senseny Rd Winchester, VA 22602 65A-1-2 Scott Campbell 10500 Rockville Pike, Unit M10 Rockville, MD 20852 65A-1-1 Lousie Sinkoskl 1997 Senseny Rd Winchester, VA 22602 55-A-201F Orrick Cemetary Company P.O. Box 637 c/o Curtis Slaughter Stephens City, VA 22655 55-A-201G Orrick Cemetary Company P.O. Box 637 c/o Curtis Slaughter IStephens City, VA 22655 71 200012060 Tl:]MS DAD, made thisPday of 020, by and between Orrick Cemetery Company, Inc. a Virginia corporation, GRANTOR; and Dh.ve Holliday Construction, Inc., a Virginia corporation, GRANTEE; � o U 0 8 WITNESSEM: THAT, for and in consideration of the sum of TEN DOLLARS v�i • ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, a n" the GRANTOR does hereby grant, bargain, sell and convey, in fee simple and with Special P oWarranty and English Covenants of Title, unto the GRANTEE, all that certain lot or parcel of n o g z land together with the improvements thereon and all appurtenances thereunto belonging, more 3 $ articuY larl described as follows: P �24a E; u b All,that certain tract or parcel of land, -situate, lying.and being in Red Bud Magisterial ji P e) W �% District, Frederick County, Virginia containing 33.6096 acres, more or less, designated a W as "Remainder" on that certain "Final Plat Lots 2 thru 8, Orrick Commons", dated H March 26, 2007, revised through May 29, 2007, attached to and recorded with the Deed of Subdivision and Declaration of Easements dated May I2, 2008, recorded May 22, N 2008 in the Office of the Clerk of the Circuit Court of Frederick County,Virginia as > Instrument Number 080006286. AND BEING a portion of th6 same property conveyed to the Grantor herein by Deed dated November 22, 1967 and recorded in Deed Book,337, page 179, in the aforesaid Clerk's Office. This conveyance is made subject to covenants, conditions, restrictions, easements and rights of way of record... ,f DRIFLMAT 0RMS 0ad-•M'7VWV The GRANTOR covenants that said GRANTOR has the right to convey the aforesaid M-sw+' n� property; that the GRANTOR has done no act to encumber said property; and that the GRANTOR will execute such further assurances as may be requisite. • 1. 72 WITNESS the following signature and seal: Cemetery G� Cp Inc, alVirginia Deborrah B. Walker, President STATE OF VIRGINIA CITY OF WINCHESTER I, the undersigned, a Notary public in and for.tbe jurisdiction aforesaid, do certify that Deborrah B. Walker, 'President of Orrick Cemetery Company, Inc, a Virginia corporation, whose name is signed to the foregoing document, acknowledged the same before me this D day o — 2020. Notary Public My Commission Expires:.--�l —Q-(T Po-zl Susan Frances Wickham Registration #): — -, / Com Nota �� glda CmmFs.*n No. 7576413 My 0-aiss>m E#m 'JI Return to: Arid PC Attorneys 440 W. Juba] Parly Dr., Suite 200 Winchester, VA 22601 WR20-02-1114 HRIEL M ATTORNEYS c1.�TDmwV au&d�&wv w. VA Aettnmt VA VIRGINIA: FREDERICK COUNTY.SCT, This Instrument of writing was produced to and on anti with certificate acknowledgement th reto annexed was admitted to record. Tax imposed by Sec. 58,1-8o2 of j $ +q3'0 , and 58.1-801 have been paid, if assessable. Clerk 2 73 Fj q, —pjjgk I I9;Ue Frederick County Virginia LTr=t.A3'.�tf roP Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Inquiry of Real Estate Map 55 A ie Name: DAVE HOLLIDAY Number: 201 B 'map CONSTRUCTION INC Account# Dept# Ticket# Seq# Due Date Detailed Information Amount (Click Below) Due ViewBil View Back of 8045496 RE2015 29457 1 6/5/2015 2015 REAL ESTATE $0.00 Bill ViewBill. View Back of 8045496 RE2015 29457 2 12/7/2015 2015 REAL ESTATE $0.00 VViewBill View Back of 8045496 RE2016 29107 1 6/6/2016 2016 REAL ESTATE $0.00 Bill ViewBill View Back of 8045496 RE2016 29107 2 12/5/2016 2016 REAL ESTATE $0.00Bill %= jewBill view Back of 8045496 RE2017 29346 1 6/5/2017 2017 "ALES $0.00 s4�z: I�J]� ViewBill View Back of 8045496 RE2017 29346 2 12/5/2017 2017 REAL ESTATP. $0.00 Bill �< ViewBill View Back of 8045496 RE2018 29361 1 6/5/2018 2018 REAL ESTATE $0.00 OO Show Current Charges Due O Show All Charges Total Due: 74 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 September 24, 2021 Patrick Sowers Dave 1-I01liday Construction, Inc. 420 WCSt hibal DrivC SuitC 103 Winchester, VA 22601 RE: REZONING #04-21 ORRICK - PIN: 55-A-20111 Dcar Mr. Sowcrs: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 22, 2021. The above -referenced application was approved to rezone 33.61 -t-/- acres from the RP (Residential PCrfoi'Illa11CC) District to the RI' (Residential Performance) District with revised profTers. The property is located south Of the intersection al' SCnseny ROad (Route 657) and Greenwood Road (Route 656), west of' the terminus of' Farmington Boulevard (Route 1406) within the Lynnhavcn Subdivision and Cast Of tllC tCl-I11111US Of Farmington Boulevard within the Steeplechase Subdivision, in the Red Bud Magisterial District and is identified by Property Identification Numbcr (PIN) 55-A-201 B. The proffer statement originally dated May 5, 2021, with a final revision date of' September 7, 2021 (Slgilattll-C date of' September 22, 2021), that was approved as a part of this rezoning application arc unique to the above rcferencccl property and are binding regardless of ownership. Enclosed is a copy of the adopted prolTer statenicnt for your records. Pursuant to §165.102.06E, the County Attorney has submitted the written proffer to the Frederick County Cleric of Circuit Court for recordation. Please clo not hesitate to contact this 011-CC if you have any gUCSt1Ol1S regarding the approval Of this rezoning application. Sincerely, Candice Perkins, AICP, CZA Assistant Director CEP/pcl Attachments cc: Blaine P. Dunn, Supervisor Rcd Bud District Christopher Mohn and Kathleen M. Dawson, Rcd Bud District Planning Commissioners Jane Anderson, Real Estate C011linissloncl.OI Rcvclltic Rod Williams, County Attorney 107 North Kent Strcct, Suitc 202 • Winchester, Virginia 22601-5000 0 • Pam Deeter To: Blaine P. Dunn; Christopher Mohn; Kay Dawson; Kay Dawson Subject: Rezoning 404-21 Orrick Attachments: Orrick# 04-21 Approved.doc Good afternoon, Please find attached the approval letter from Ms. Perkins for the rezoning 404-21 Orrick. if you should have any questions, please contact Ms. Perkins. Pam Deeter, Senior Secretary Dept. Planning & Development 107 N. Kent St. Suite 202 Winchester, VA 22601 540-665-5651 pdeeter(�Ncva.us Pam Deeter From: Microsoft Outlook To: Christopher Mohn Sent: Tuesday, September 28, 2021 1:16 PM Subject: Relayed: Rezoning #04-21 Orrick Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Christopher Mohn (cmohn7l(@Tahoo.com) Subject: Rezoning #04-21 Orrick 1 9 • Pam Deeter From: Microsoft Outlook To: Kay Dawson Sent: Tuesday, September 28, 2021 1:16 PM Subject: Relayed: Rezoning #04-21 Orrick Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Kay Dawson (k22602Cbcomcast.net) Subject: Rezoning #04-21 Orrick 0 0 Pam Deeter From: Microsoft Outlook To: Blaine P. Dunn Sent: Tuesday, September 28, 2021 1:16 PM Subject: Delivered: Rezoning #04-21 Orrick Your message has been delivered to the following recipients: Blaine P. Dunn (bdunn�fcva_.us). Subject: Rezoning #04-21 Orrick AdhL To be completed by Planning Staff Fee Amount Paid S NW13 3 �0i ' OD Zoning Amendment Number Anticipated PC I-[earing Date Date Received Anticipated BOS Hearing Datee REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Dave Holliday Construction, Inc. Specific Contact Person if Other than Above: Patrick Sowers Address: 420 W. Jubal Early Drive, Suite 103, Winchester, VA 22601 Telephone: 540-336-3333 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: Patrick.R.Sowers@gmail.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Specific Contact Person at Firm: Address: Telephone: Email: Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 • 11 4. Project Name (if any): Orrick Commons Residential 5. Property Information: a. Property Identification NLunbei•(s): 55-A-201 B b. Total acreage of the parcel(s): 33.61 Acres c. Total acreage of parcels) to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: RP - 33.61 Acres e. Proposed zoning designation(s) and acreage(s) in each designation: RP - 33.61 Acres f. Magisterial District(s): Red Bud g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): West of terminus of Farmington Blvd within Lynnhaven Subdvision and East of terminus of Farmington Blvd within Steeplechase Subdivision. h. Adjoining Properties: Parcel ID Number Use Zoning See attached. Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Dave Holliday Construction, Inc. David B. Holliday Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ✓V Location Map 0 Plat Depicting Metes/Bounds of Proposed Zoning 171 Impact Analysis Statement Proffer Statement (i fa n y) Agency Comments 1� Fee ❑✓ Copies of Deed(s) to Property(ies) ❑✓ Tax Payment Verification ❑✓ Digital copies (pelf's) ofall submitted items Page 14 11 %. Signatm-e(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Owner: Date e s 12 1 If S' ning on behalf of an entity, please state name of entity and your title: ��, I�//G n_y - ,,,'Gt,,I , J1� Z l o Gll��� �d :2SN��1 b I .t,u t L' Date If signing on belhalf'of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 0 0 Orrick Commons Residential - Adjoining Properties Tax Map Owner Address 55J-2-1-24 Amy Miller 124 Ardeyth Ln Winchester, VA 22602 55J-2-1-23 Alison Van Sickler 119 Ardeyth Ln Winchester, VA 22602 55J-2-1-22 Thomas Sosebee 117 Ardeyth Ln Heather Sosebee Winchester, VA 22602 55J-2-1-21 Richard Whaley 115 Ardeyth Ln Marinette Whaley Winchester, VA 22602 55J-2-1-20 Michael Huck 113 Ardeyth Ln Amy Huck Winchester, VA 22602 5J-2-1-19 Michael Kenyon 111 Ardeyth Ln Jennifer Kenyon Winchester, VA 22602 55J-2-1-18 Erlin Parades Izaguirre 109 Ardeyth Ln Winchester, VA 22602 55J-2-1-17 John Shelor 107 Ardeyth Ln Robyn Shelor Winchester, VA 22602 55J-2-1-16 Corey Hiett 105 Ardeyth Ln Britney Hiett Winchester, VA 22602 55J-2-1-15 Dena Marrale 103 Ardeyth Ln Winchester, VA 22602 55J-2-1-14 Dennis Sherrill 101 Ardeyth Ln Stephanie Sherrill Winchester, VA 22602 55J-2-1-13 Mark Claycomb 231 Farmington Blvd Emilyn Claycomb Winchester, VA 22602 55J-2-1-69A Steeplechase Homeowners P.O. Box 4364 Association, Inc. Winchester, VA 22604 55J-1-6-118 Chad Crosbie 210 Trefoil Ct Emily Crosbie Winchester, VA 22602 55J-1-6-119 Jimmi Escolero Obando 212 Trefoil Ct Winchester, VA 22602 55J-1-9-204A Briarwood Estates P.O. Box 2070 Homeowners Association Purcellville, VA 20134 55J-1-9-194 Darrin O'Donnell 120 Teaberry Dr Deborah O'Donnell Winchester, VA 22602 55J-1-9-195 Zachary Paine 122 Teaberry Dr Bonnie Paine Winchester, VA 22602 55J-1-9-196 Alberto Otoya 124 Teaberry Dr Winchester, VA 22602 55J-1-9-197 Stacy Spates 126 Teaberry Dr Adam Spates Winchester, VA 22602 55J-1-9-198 Mary Whitbeck 4504 Senseny Road Berryville, VA 22611 55J-1-9-199 Edward Hillyard, III 130 Teaberry Dr Jennifer Hillyard Winchester, VA 22602 55J-1-9-204 Bruce Hull 215 Ladyslipper Dr 155K-12-2-25 Alice Irvin Winchester, VA 22602 Darlene Campbell 401 Farmington Blvd Winchester, VA 22602 55K-12-2-24 Gene Orr 400 Farmington Blvd Laurie Orr Winchester, VA 22602 55K-1-1-14 John Robben 118 Sesar Ct Dawn Robben Winchester, VA 22602 55K-1-1-13 Randall Golden 120 Sesar Ct Lisa Golden Winchester, VA 22602 55K-1-1-12 Jack Funkhouser, Jr 121 Sesar Ct Winchester, VA 22602 55K-1-1-24A Lynnehaven, LC 21 S Kent Street, Suite 1 Winchester, VA 22601 65-A-23 Leonel Majano-Torress 2105 Senseny Rd Ana Majano Winchester, VA 22602 65-A-22 George Damko 2097 Senseny Rd Winchester, VA 22602 65-A-21 Rocky Rhodes 2085 Senseny Rd Phylliss Rhodes Winchester, VA 22602 55-A-203 Charles Lloyd 2045 Senseny Rd Winchester, VA 22602 55-A-202 Charles Lloyd 2045 Senseny Rd Penny Lloyd Winchester, VA 22602 65A-1-8 Ronald Green 2037 Senseny Rd Winchester, VA 22602 65A-1-7 Henry Agragaard, III 2031 Senseny Rd Winchester, VA 22602 65A-1-6 Skp Baker 520 Burnt Factory Road Vickie Baker Stephenson, VA 22656 65A-1-5 Marshall Baldwin P.O. Box 101956 Arlington, VA 22210 65A-1-4 Bryan Goodwin 49 Benson Ct Bernice Marks Front Royal, VA 22630 65A-1-3 Genoa Kees 2009 Senseny Rd Winchester, VA 22602 65A-1-2 Scott Campbell 10500 Rockville Pike, Unit M10 Rockville, MD 20852 65A-1-1 Lousie Sinkoski 1997 Senseny Rd Winchester, VA 22602 55-A-201F Orrick Cemetary Company P.O. Box 637 c/o Curtis Slaughter Stephens City, VA 22655 55-A-201G Orrick Cemetary Company P.O. Box 637 c/o Curtis Slaughter Stephens City, VA 22655 ORDINANCE Action: PLANNING COMMISSION: September 1, 2021 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: September 22, 2021 Adopted ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-21 ORRICK COMMONS WHEREAS, REZONING 004-21 ORRICK COMMONS was submitted by David Holliday Construction, Inc. to rezone 33.61+/- acres from the RP (Residential Performance) District to the RP (Residential Performance) District with revised proffers. The property is located north of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656), west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within the Steeplechase Subdivision in the Red Bud Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on September 1, 2021 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on September 22, 2021; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive 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 rezone 33.61+/- acres from the RP (Residential Performance) District to the RP (Residential Performance) District with revised proffers, all as shown on the proffer statement bearing signature date September 22, 2021. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 22"d day of September 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye David D. Stegmaier Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Mary T. Price Interim County Administrator RES#021-21 PDRES#35-21 VIRGINIA: FREDERICK COUNTY, SCt. This instrument of writing was produced to me oonn�� at "=—f�'— and with certificate of acknowle ementShcrSR 1a802xofj was admitted to record. Tax imposed by a j � , and 58.1-801 have been paid, if assessable ,Clerk Proffer Stalemenl Omck Commons residential PROFFER STATEMENT c� RP (Residential Performance) to REZONING: RZ. #: -J RP (Residential Performance) 33.61 acres co .r." PROPERTY: 33.61 Acres +/-; Tax Map Parcel 55-A-20113 (the "Property") RECORD OWNER: DAVE HOLLIDAY CONSTRUCTION INC. APPLICANT: DAVE HOLLIDAY CONSTRUCTION INC. PROJECT NAME: Orrick Commons Residential ORIGINAL DATE OF PROFFERS: May 5, 2021 REVISION DATE(S): August 5, 2021; September 7, 2021 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirining the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" dated April 12, 2021 revised September 7, 2021 (the "GDP"), attached hereto and incorporated as part of this Proffer Statement, and shall include the following: Page 1 of 6 Onrck Commons residential Proffer Statement —v 1. LAND USE: J 1.1 Residential development shall be provided as a mixture of single family and multi -family units. Development of the Property shall not exceed a total of 00 170 dwelling units. Multi -family units shall not exceed 48 total units. The locations of the dwelling units on the Property shall be located as generally depicted on the GDP. 1.2 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the IIOA by appropriate instrument, (v) Page 2 of 6 E Orrick Commons Residential Proffer Statement 4. 5. 6. responsibility for payment for maintenance of streetlights, and (vi) maintenance of private streets. v WATER & SEWER: 00 CJl 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of Frederick Water. The cost of all water and sewer improvements will be borne by the Applicant. ENVIRONMENT: 5.1 The Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Property. Disturbance of the stream channel shall be prohibited. (See 1 on GDP) 5.2 The Applicant shall provide a single row of evergreen trees planted a maximum of ten feet on center within a 10 foot wide landscape easement between any single family residential lots constructed on the Property and existing single family lots adjacent to the Property. Said trees shall be a minimum of four feet tall at time of planting, maintained by the HOA, and shall be installed prior to issuance of an occupancy permit for the 1001h dwelling unit constructed on the Property. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. 6.2 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) 6.3 The Applicant shall construct an interconnected transportation network to connect the Property with the adjoining commercial property, identified as Frederick County tax map parcels 55-A-201 F and 55-A-201 G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (See 3 on GDP) Page 3 of 6 • 0 Orrick Commons Rtsidentiai Proffer Statement —0 6.4 Concurrent with the extension of Farmington Boulevard provided by Proffer � 6.2, the Applicant shall construct a sidewalk connection from Farmington j Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 pp on GDP). '—j 7. DESIGN STANDARDS 7.1 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Hardishingle and/or I Iarditrim, or material of comparable quality; Azek Trimboards or material of comparable quality; Fypon brackets and/or cornice details; stucco; glass. Any muld- family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.2 Any multi -family residential structures located on the Property shall incorporate bays and columned porches to more effectively relate to surrounding properties. PARKS AND RECREATION 8.1 The Applicant shall reserve an open space area for an approximately 6.0 acre park in the location depicted on the GDP. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. The park area shall be permitted to count towards the required open space for the Property and may be utilized for utilities, grading, as well as drainage and stormwater improvements associated with development of the Property. Any recreation improvements constructed by the Applicant within the park area shall be permitted to count towards the recreation amenities required by the Frederick County Zoning Ordinance for development of the Property. 8.2 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 9. SOLID WASTE AND RECYCLING CONTAINERS 9.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 10. FIRE AND RESCUE 10.1 The Applicant shall contribute to the Board the sum of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an occupancy permit for each dwelling unit. Page 4 of 6 Or ck Commons Residential Proffer Statement 11. GENERAL GOVERNMENT 11.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 12. PUBLIC SAFETY 12.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 13. LIBRARY 13.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 14. FUTURE ROAD IMPROVEMENTS 14.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of an occupancy permit for each dwelling unit. SIGNATURES APPEAR ON THE FOLLOWING PAGES C7 C co M Page 5 of 6 • Orrick Commons Residential Proffer Statement Respectfully submitted, Dave Holliday Construction, Inc. By: Tide: STATL OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: —v G7 C; r.J Co W The foregoing instrumen .was ac owledged efor me this 7Z day of > 2021, by &v r- i My commis 'can expires ;7 .- Notary Public , Nancy Tilson Sinback NOTARY PUBLIC Commonwealth of Virginia Reg. #7292148 My Commission Expires 12/31/2022 Page 6 of 6 c-� OWNER DAVE HOLLIDAY CONSTRUCTION, INC. TAX MAP PARCEL: 55-A-201B ACREAGE: 33.61 Aass • 0 Phone 540.667.2120 Fax 540.667.5414 Generalized Development Plan 100 ° 100 200 Orrick Commons Residential SCALE: 1' - 100' Canoui WEavM • z April 12, 2021 September 7, 2021 e -•r 1 Q, $ \ / Dave Holliday Construction, Inc. 420 Wert Juba1 Eady Drive, Suite 103 Winchester, Virginia 22601 Phone 540.667.2120 Fu 540.667.5414 OWNER: DAVEHMUDAYCONSTRUCTM7N,INC Generalized Development Plan QOm Orrick Commons Residential TAM MAP PARCEL: SSA-2018 SCUFF 1' . 100' ACREAGE: 33.81 A— cwrawxnwvia.r Date: !R—d: April 12.2021 1 September 7,--- Receipt: 21000023023 COURT ADDRESS: 5 NORTH KENT STREET WINCHESTER, VA 22601 PHONE # :540-667-5770 i OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 09/29/2021 TIME: 15:45:02 RECEIPT # : 21000023023 TRANSACTION # : 21092900081 CASHIER: LNH REGISTER # : B700 INSTRUMENT: 210016482 BOOK: GRANTOR: DAVE HOLLIDAY CONSTRUCTION INC GRANTEE: FREDERICK COUNTY BOARD OF SUPERVISOR S RECEIVED OF: WILLIAMS, ROD ADDRESS: CASH : $26.00 DESCRIPTION 1 : R B DIST-PROFFER STATEMENT NAMES:O CONSIDERATION : $0.00 ANAL: SO.00 CASE # : 069CLR210016482 FILING TYPE: OTHER PAGE: RECORDED: 09/29/2021 EX: N EX: N ACCOUNT CODE DESCRIPTION PAID 035 VIRGINIA OUTDOOR FOUNDATION S3.00 106 TECHNOLOGY TRST FND S5.00 PAGES : 009 PIN OR MAP: 55-A-201 B Page 1 of 1 PAYMENT: FULL PAYMENT AT: 15:40 LOC : CO PCT : 100% OP:0 ACCOUNT DESCRIPTION PAID CODE 145 VSLF $3.50 301 CLERK RECORDING/INDEXING FEE S14.50 TENDERED : $ 26.00 AMOUNT PAID: $ 26.00 0 PAYOR'S COPY CLERK OF COURT: REBECCA P. HOGAN RECEIPT COPY 1 OF 2 September 8, 2021 Candice Perkins, AICP Deputy Director Department of Planning and Development Frederick County 107 North Kent Street Winchester, VA 22601 RE: Orrick Commons Residential — Proffer Amendment Revisions Dear Mrs. Perkins, Please find attached the following revised application materials for the Orrick Commons Residential Proffer Amendment: 1. Revised Proffer Statement dated September 7, 2021 2. Redlined version of revised proffer statement compared with existing approved proffers for the project 3. Redlined version of the revised proffer statement compared with the August 5t" version, as presented to the Planning Commission, to show only those changes made in response to comments made at the September 1 st Planning Commission meeting 4. Revised GDP dated September 7, 2021 In response to comments made by the Planning Commission, the attached revised proffer statement and GDP provides for (i) an evergreen buffer between any new single family lots proposed within the project and existing single family lots on adjoining parcels and (ii) a park reservation area, approximately 6.0 acres in size. Should the Applicant and Board of Supervisors agree at a future date, this area will be dedicated to the County for use as a public park. If you have any questions or would like to discuss further, please feel free to contact me at (540) 336-3333. Sincerely, Patrick Sowers Director of Land Development 420 W. Jubal Early Drive, Suite 103 • Winchester, VA 22601 • Ph: 540-667-2120 • Fx: 540-667-5414 ra ' Onirk Coiinnont Residential Proffer Statement PROFFER STATEMENT REZONING: RZ. #: RP (Residential Performance) to RP (Residential Performance) 33.61 acres +/- PROPERTY: 33.61 Acres +/-; Tax Map Parcel 55-A-201B (the "Property") RECORD OWNER: DAVE HOLLIDAY CONSTRUCTION, INC. APPLICANT: DAVE HOLLIDAY CONSTRUCTION, INC. PROJECT NAME: Orrick Commons Residential ORIGINAL DATE OF PROFFERS: May 5, 2021 REVISION DATE(S): August 5, 2021; September 7, 2021 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming die decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect die meaning or be taken as an interpretation of any provision of die proffers. The improvements proffered herein shall be provided at the time of development of that portion of die Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all futw•e owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" dated April 12, 2021 revised September 7, 2021 (die "GDP"), attached hereto and incorporated as part of this Proffer Statement, and shall include the following: Page 1 of 6 • • Orrick Commons Aesidenlial Proffer Statement 1. LAND USE: 1.1 Residential development shall be provided as a mixture of single family and multi -family units. Development of the Property shall not exceed a total of 170 dwelling units. Multi -family units shall not exceed 48 total units. The locations of the dwelling units on the Property shall be located as generally depicted on the GDP. 1.2 Except to the extent otherwise prohibited by d-ie Virginia Fair Housing Law, the Federal Fair Housing Law, and oilier applicable federal, state, or local legal requirements, all dwelling units shall be identified as "agc-restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property-, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERINUTS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA'� that shall be responsible for the ownership, maintenance and repay.- of all common areas, including any conservation areas that may be established in accordance herewidh not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within casements to be granted to the I-lOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument, (v) Page 2 of 6 n • Onirk Convnlonr Reiidewial Proffer Dalezwiil responsibility for payment for maintenance of streetlights, and (vi) maintenance of private streets. WATER & SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of Frederick Water. The cost of all water and sewer improvements will be borne by the Applicant. ENVIRONMENT: 5.1 The Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Property. Disturbance of the stream channel shall be prohibited. (See 1 on GDP) 5.2 The Applicant shall provide a single row of evergreen trees planted a maximum of ten feet on center within a 10 foot wide landscape easement between any single family residential lots constructed on the Property and existing single family lots adjacent to the Property. Said trees shall be a minimum of four feet tall at time of planting, maintained by the HOA, and shall be bonded or installed prior to issuance of an occupancy permit for the 75' dwelling unit constructed on the Property. TRANSPORTATION: 6.1 Transportation unprovements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TLA'�. The Applicant shall privately fund all transportation improvements required of this project. 6.2 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calining measures acceptable to VDOT. (See 2 on GDP) 6.3 The Applicant shall construct an interconnected transportation network to connect the Property with the adjoining commercial property, identified as Frederick County tax snap parcels 55-A-201F and 55-A-201G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (See 3 on GDP) Page 3 of 6 • 0 Orrick Commons Re.rideiaial Pivffer.Stateimia 6.4 Concurrent with the extension of Farmington Boulevard provided by Proffer 6.2, the Applicant shall construct a sidewalk connection from Farmington Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 on GDP). 7. DESIGN STANDARDS 7.1 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; I-Iardishingle and/or Harditrim, or material of comparable quality; Azek Trimboards or material of comparable quality; Fypon brackets and/or cornice details; stucco; glass. Any multi- family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.2 Any multi -family residential structures located on the Property shall incorporate bays and columned porches to more effectively relate to surrounding properties. PARKS AND RECREATION 8.1 The Applicant shall reserve an open space area for an approximately 6.0 acre park in the location depicted on the GDP. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. The park area shall be permitted to count towards the required open space for the Property and may be utilized for utilities, grading, as well as drainage and stormwater improvements associated with development of the Property. Any recreation improvements constructed by the Applicant within the park area shall be pernitted to count towards the recreation amenities required by the Frederick County Zoning Ordinance for development of the Property. 8.2 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an occupancy permit for each dwelling unit. SOLID WASTE AND RECYCLING CONTAINERS 9.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 10. FIRE AND RESCUE 10.1 The Applicant shall contribute to the Board the sum of $);166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an occupancy permit for each dwelling unit. Page 4 of 6 i Oirirk Commons Residential Proffer Statement 11. GENERAL GOVERNMENT 11.1 The Applicant shall contribute to the Board the sum of 537.00 per dwelling unit for general government purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 12. PUBLIC SAFETY 12.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 13. LIBRARY 13.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 14. FUTURE ROAD IMPROVEMENTS 14.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Scnseny Road and Greenwood Road, payable upon the issuance of an occupancy permit for each dwelling unit. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 5 of 6 9 0 Onick Connnour Residential Proffer Slatemenl Respectfully submitted, Dade Holliday Construction, Inc, 52 Titl STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-Nvit: The foregoing instrume ' was acknowledged before me this j5 c�Tay of, L 021, by e IMy co is ion expires _ �Z �TJf ZZ Notary Public Nancy Tilson Sinback NOTARY PUBLIC Commonwealth of Virginia Reg, #7292148 My Commission Expires 12/31/2022 Page 6 of 6 9 • Onic ; Con/mons Residevilin/ PraOrr•.S•lydeuin! PROFFER STATEMENT R1'ZONING: R%. #: Rl' (Residential Ile rtOrmance) to RI' (Resicential 1'erfOrmance) 33.61 acres +/- PROPI,R"1"�': 33.61 :\errs -t-/-; Tax ,Nhip Parcel 55-/A-20113 (the "Property") I iCORD OWNI,,R: DAVE I-IOLLIDAY CONSTRUCTION, INC. APPLICANT: DAVE I-IOLLIDAY CONSTRUCTION, INC. PROM C1' Nr\t�Il?: Orrick Commons Residential ORIGIN.A1, D:A"1'I_, OF PROJIT 1ZS: 1Iav 5, 2021 RIWISION D/A"IT"(S): _August 5, 2021; September 7, 2021 The undersigned hereby- proffers that the use and development of the subject property ("Property") as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. I❑ the event that the above referenced RP con ditionstl rezoning is not granted as applied for by the applicant (";\pplicant"), these ]n-offers shall be dCCmed withdrawn and shall be null and void. I"urther, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the clay following the last day upon which the I"rederick County 130a1-d of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the clay Iollowing entry of' a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the clay following which the decision has been affirmed on appeal. Tile headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of amy provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered reyuiremcnt, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "(,eneralized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" dated ;\pril 12, 2021 revised September 7, 2021 (the "GD)"), attached hereto and incorporated as part of this Proffer Statement, and shall include the following: Page I of G • 9 Onir,C C 0111111ons Resirlow/in/ Piri(%iv .S/n/rnnvrl LAND l'SF: 1.1 Residential development shall be provided as a mixture of single family and nutlti-familN' units. Development of the Property shall not cxcccd a total of 170 dwelling units. Multi -family units shall not cxcccd -18 total units. The locations of the dwelling units on the Property shall be located as generally depicted on the GDP 1.2 I",xcept to the extent otherwise prohibited by the Virginia lair I lousing l,aw, the Federal lair I lousing l,aw, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code :Ann. 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly clomicilecl or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and am Homeowners, Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 2. CONDITIONS PRI:CI?DFN1" 1'O '1'I-II? ISSUANCH. OF PI?RI\- ITS AND PI,AN APPROVAt's: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. CREATION OF I I0i\II1MVNI:RS' ASSOCIATION: 3.1 The residential development shall be made subject to a 110111C0\VnerS' association (hereinafter "I-10A") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that mat- be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such 110A 11CPG11. 3.2 In addition to Such other clutics and responsibilities as may be assigned, all I -IOTA shall have title to and responsibility for (1) all common Open Space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within casements to be granted to the 110A if platted within residential or other lots, or otherwise granted to the 1-I0/\ by appropriate instrument, (v) Page 2 of 6 0 0 017i,-k %0/I//I/0//. Rerideulild P/Y/lJ('/'.Slale/lie/ll responsibility for payment for maintenance of streetlights, and (vi) maintenance of private streets. 4. \\'ATI-.R & SI--AVI R: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities rec{uired for such connection. All water and sewer infrastructure shall be consuvcted in accordance with the reduirements of I'rederick \Vater. The cost of all water and sewer improvements will be borne by the Applicant. 5. FNV'1RONIFN1': 5.1 The Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Property. Disturbance of the stream channel shall be prohibited. (See I on GIMP) 5.2 The Applicant shall provide a single row of evergreen trees planted a maximum of ten feet on center within a 10 (Oot wide landscape casement between any single family residential lots consu-ucted on the Property and existing single family lots adjacent to the Property. Said trees shall be a minimum of four feet tall at time of planting, maintained by the 110A, and shall be bonded or installed prior to issuance of an occupancy permit for the 75"' dwelling unit constructed on the Property. G. TRrANSPOR'1'ATI0N: 6.1 'Transportation improvements shall be designed and constructed consistent with the study entitled "rA Traffic Impact Analysis of the Orrick Property," prepared by Patton I larris Rust & Associates, dated October 11, 2005 (the The Applicant shall privately fund all transportation improvements reduired of this project. 6.2 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit. Design of Farmington Boulevard shall include u�affic calming measures acceptable to VDO'I'. (See 2 on (,DP) 6.3 The r\pplicant shall construct an inlCrconnCcled transportation network to connect the Property with the adjoining commercial property, identified as Frederick COUntV tax map parcels 55-A-2011', and 55-A-201G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (Sec 3 on GDP) Page 3 of G 017i,-k C OMP1011 Rluidl'll ial 1'roljrr Slellem w 6.4 Concurrent "with the extension of Farmington Boulevard provided by Proffer 6.2, the Applicant shall construct a sidewalk connection from Farmington Boulevard to the existing Sidewalk along existing Ladyslipper Drivc. (Scc 4 Oil GDP). DFSIGN STANDARDS 7.1 :All facICIC5 of am• nntlti-family residential Su-ucture IocateCI on the Property Shall be constructccl using; a combination of any of, the following; materials: brick; stone, or simulated Stone; wood; I lardishingle and/or I Iarditrim, or material of comparable duality; Azek Trimboards or material of comparable dualiey; Fypon brackets and/or cornice details; stucco; glass. 1\11\' multi- famih, residential building constructccl on the property shall utilize a mixture Of building materials in an effort to rclatc to the surrounding area. 7.2 ;Any multi -family residential structures locatccl on the Property shall incorporate bays and columned porches to more effectively rclatc to surrounding properties. PARKS AND REICRI'ATION 8.1 The Applicant Shall reserve an open space area for an approximately 6.0 acre part: in the location depicted on the GDP. At such time that both tlhe Applicant and the Board find it to be in the best interest of the County, said part: mat' be dedicated to the Count' for use by the gCnCI'a] public. "1'11e park area shall be permitted to count towards the required open Space for the Property' and may be utilized for utilities, grading, as well as drainage and stormwater improvements associated with dcvclopmcnt of the Property. :AnN, recreation improvements constructed by the Applicant within the earl: area shall be permitted to count towards the recreation amenities required by the Fredcrick County Zoning Ordinance for development of the Property. 82 The Applicant shall contribute to the Board the Sum of 5248.00 per clwclling unit for parks and recreation purposes, payable upon the issuance of an occuhane}' permit for each clwclling unit. SOLID \\SAS'1'1 AND RHCYCLING CON7'A1Nl?RS 9.1 Location of Solid waste and recycling containers, utility equipment storage Will be contained within fenced enclosureS. 10. F11U AND Rl SCUD. 10.1 The Applicant shall contribute to the Board the sum of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an occupancy permit for each dwelling unit. Page 4 of 6 0 017iCk.. COHM/011.f Rwidr111i(d Prn(Jw•S1a1eiuwr/ 1 1. GI!.NFRAL GO\TI RNMI-.NT 11.1 The Applicant shall contribute to the Board the sum of 537.00 her clwclling unit for general governmcnt purposes, h I}-,INc upon the issuancc of an occuhancV permit for cach clwclling unit. 12. PUBLIC SAFF"FY 12.1 Tlic Applicant shall contributc to the Board the sum of S76.00 per dwelling unit for public safety purposes, payable upon the issuancc of an occupancy, permit for cach d xclling unit. 13. LIBIZ:\RY 13.1 The Applicant shall contribute to the Board the sum of S31.00 per dwelling unit for library purposes, pa�;ible upon the issuancc of an occuhanc}' permit for cach dwelling unit. 14. FUTURF ROAD IMPROVFANl1 N1'S 14.1 The Applicant shall contributc to the Board the sum of S2,854.00 per dwelling unit for future impro�,cmcnts to Senscn), Road and Greenwood Road, p I}-,IWe upon the issuancc of an occupanc)' permit for cach dwelling unit. SIGNATURf`IS ;APP1-.;AR ON Tl IIr, FOLLOWING PrAGC"S Page 5 of 6 0 Orlin(. (.ommom Residenlial 1'ro(liI-Slydemenl Reshectfull�' submitted, DaN•e I IollidaN, Consu-uction, Inc. 13y: Title: 50V IE OF V'IRGINIA, :AT ] ARNF, FRFID1?RICK COUNl'Y, To-xvit: of Hie foregoing instrument was acknowledged before me this , 2021, by Nlv commission expires Notary, Public Page 6 of 6 • • Umrk C,ommonr &J'LILULL11 11nollerJ1wenie i PROPOSED PROFFER STATEMENT IZIr.%O\IN(.: IZ%. 7 : R-A-HP(R,untlAmeIZcsidcnri<tl Pcrfirnnanccl nr IZI' fRcs denrial Perfornimicc) 33.61 acres + ,. I T(III)FRTY: &5-6•=8833_61 Acres +F-: •fax ;Nlap Parcel `L 5-A-201 B (the• "Property") RI:(;OIZD MVNI•:R: - DAVL HOLLIDAY CONSTRUCTION INC APITICANT: DAVE HOLLIDAY CONSTRUCTION. INC. PIZOJI:,(.I' N,\\II?: Orrick Comm ns Rcsidcnrial ORIGINAL I)ATI:. OF PROl+I?RS: Pee, _rlberi 2005\May 5.2021 IZI?\'ISION I).\TF(S): - --,- - 096 -, _ \ueust 5. 2021: Scptcm�cr 7. 2021 The undersigned hereby proffers that the use and development of file subject property ("Property'), as described above, shall be in strict conformance with file following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP Slid B2 condirional rezoning is not granted as applied for by the applicant ('Applicant), these proffers shall be dCCMCll withdrawn and shall be null and void. Further, rhese proffers are conringent upon final tenoning of the Property with "final rezoning" defined as that rezoning which is in effect on the da% following the last day upon which nce Frederick Count\ Board of Cooney Super<isors (nce 'Board') decision granring the rezoning may be contested in the appropr•iatc court. If nce Board's decision is contested, and the .\pplicant elects not to submit development plans until such contest is resolved, the term rerouting shall include file day following entry of a final court order affirming the decision of the Board which has nor been appealed, tor, if appealed, the day fo llrtwing which the decision has been affirmed on appeal. Thu headings of the proffers sc( forth below have been prcpsu-ed for C0llVCnIenCC or reference omly and shall not control or affect (lie meaning of. be taken as an interpretation of any provision of the proffers. ']'lie improvements proffered herein shall be provided at the rime of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. \\'hen used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development flan, Orrick Commons Itesidenrial" dated Ntweniber 45, _ 'April 12. 2021 revised Mity-12, 2006SSwrcmber 7• Page I of 96 Commented IN]: This Droller Amendment deals only' with file RI' •coned (Residential) portion of Orrick Conmtons r� u Om,k ( aar7unr &(LdaLaj 11no11er .VaNrweW 2 (tile "G I A" )att-tehed hereto :told ineotli>r ted as Part of this Proffer Statement. and Shall include rile fo llo\c•ing: 1..\ND l'Sl:: 4-.421.1 RCSldetttial development Shall be provided as a mixture of single family and multi-Lunila units DevdoPntent of the P opcw' shall not cxcced tt total of 170 dvdling units. 41411 al t_ r._.. i t_. .t. r.. leei._t. Ir gyre. Mulri-family units shall not exceed 48 total units. ']'Ile locations of the l .chvclliny unit. Oil the Prttpc shall be kwntcd as gencrally depicted tit the;GDl'j 4-31.2 1?xcept to the extent otherwise prohibited by the Virginia Fair I lousing I'aw, the Federal Fair Ilowing Law, and other applicable federal, State, ur local legal rcquiremenrs, all dwelling units shall be identified as "age-restrictcd" and Shall be resrricted to "housing for older persons" as defined in Va. Code Ann. 36-96.7, or a surviving spuusc our So qualifying. No persrntS under 19 years of age Shall be pemiirtcd to be regularly dOticiled Or to reside permanently therein. The restriction provided for hCPCltt Sha11 alSo be in (Ile form of a restrietivo: cOvenant with respect ttr [Ile residential portion of the Praperty, and any Ilontcowncrs' Association created with respect thereto Shall have assigned rcspunsibilire for the enfurcemcnr and administration of the Said covenant. r. _... t .t_., r'�r�nt i i CONDITIONS PRIiC1-*Dl:N'1'•I'O'I'1IF. ISS['.\NCI•:O1' ITRMITS AND PLAN 2.1 The Property shall be developed as one single and unified devclopntcnl in acenrdince with applicable ordinances, regulations, design sr:utdardS, and this Orrick Commons Rcsidcntial Proffer Statement as approved bt• he Board. 3. 0113ATION OF I10\lliO\\'N113RS' ASSOCIATION: Page 2 of I* Commented [P2]: Proffer removed its it is specific to the adjoining commercial propcny. Commented [P3]: Proffer added to (i) limit development to a maxinuun of 170 dwelling traits instead of 201 units atrrently permitted, and (ii) limit local number ofnuthi- family units to 48. Areas for each housing type are more fully described by die proffered GDP. Commented [P4]: Proffer removed as it is slxcific to dtc adjoining commercial properly. Commented (P5]: Proffer removed as it is specific to the adjoinotg commercial properly. • • U1n,k ( &I _ r1! 17vlle• tlulrmrsl 3.1 The residential development shall be made subject to a honbcowncrs' association (hereinafter "110,\') that shall be responsible fits the ownership. maintenance and repair of all etnbanaun areas, including; any conscrc:ttion :areas that may be established a» accordance herewith not dedicated to ncC (:uunry or others, fur each arcs subject rtt ncCir jurisdiction, and shall be pruvaded such other respunsibiliries, duties, and puvycrs as arc C(I5ltatlt:ara• fur such assueiarions t r as may be required fnr such I OA here ua. 3.2 In addition to such other dUrIC? and responsibilities as may be assigned, an I1O.\ shall have title ro and respunsibilta` for (i) all eartnna(rn open space areas. (ii) CUmI11Un buffer area• located outside of reSldCtttl:tl Inns; (iii) common solid waste disposal program prrtvicled by a commercial cullecriun ct,ntpany• (iv) responsibilin• for the perpetual maintenance of anc street, perinbctcr, or read buffer areas, all of which buffer areas shall be located within casenac•nts to be granted to the I RO.\ if plaited within residential (u- other lots, ttr otherwise granted to the I IO.\ by apprupriarc instrument, artc4 (y) respunsibilin• for payment for nbanrremancc of strcctlighrs ulvi maintenance• of private �Streetst \\'.\TFIZ & SI :\\'IT Commented [P6]: Clarifies HOA's maintenance responsibilities for private streets within the (Iceclopment 4.1 The Applicant shall be responsible for connecting; the Prnperey to public water and sewer, and for constructing all facilities require(] fnr such connection. .\11 \vntcr and sewer infraseruet:ure shall be cunst:ructcd in accordance with ncc requirements of rate —I rcderich (�rnrrt7 +t+ir» rite\4'a , ']'lie cost of all water and sewer inaprovcnbents will be Commented [P7): Profler up(Imed to reflect Frederick borne by the Applicant. water as current cmity none foi wato and sewer. {\\'IRO\\II•:\'I•: . ill ` . r any a Ir_ ,b. f• r 5.2] -square p13 te'1hc \Walictnt hill prescnc nc� cxistingr intem�irrcnt stream channel located on dic Soilths:.-ast portion Of llProperty. ]his ar t of the s r na chatind shill bc prohibited.S•• I ort t') 1 52 The Applicant shill provide a single row of cvcrgmen tree- phntcd a waxinium of ten feet on cony wit bin a g0 foot wide I•andsailie casement between arty single family residential lots constructed on the Property, and •xr xisr]ng sing llc farnily lots •tdiaeent to the Prul '- Said tree:, shall be a Page 3 of 96 Commented [PBI: Proffer removed as compliance with current stornnvmcr management regulations will require BNIP for the site. Commented [P9]: The tree save area proffer was specific to the adjoining commercial area. The stream presetvation area is a newly proposed proffer based on existing site conditions and the layout proposed by the latest GIMP. Orn.f <ortimunI Rarrlrnpal 1'rn//n 4r,Nnnrnr minimum Of four feet tall at rime )f planting maintained by the 11O.\. and shall be bonded or imtallewprior to 1CCuanye Of an Occupancy permit for Illy e5"' dwelling u»it constructed on the 13ropc . TR. A\SN )RT V'fIO\: 6.1 Transportation improvenurnr, ;hall be tle,tgncd and C0 11MI"UCICII consistent with the study entitled "A 'traffic Impact ,Analysis of the Orrick Property," prepared by Parton I larris Rust & Assoctares, dated ()Cttlbet- 11, 2005 (thc "TIA'). "I'hc Applicant ,hall privately fund all transportation improvements required of this project. r 6.32 The extension of Farmington Roulcvard through ncC projccr shall be designed and constructed to base 1rnVenunt and bonded ro final pavement prior to issuance of a cerrlfteatC Of occupanq• fur ncC First single family dwelling unit. I)c,ign of Farmington BO UICVarC1 shall include rraffte calming mca,ures acceptable un VDO'f. (';cc 2 tai GDP) Road 01t tiFe 659 ftiid 15 feet 4 zleldki )Miff! right 04 w4y it! nig Road (lie tote 656). Said right etf wtty.; -.4tall be dedietitmed withiti 99 dtky:i 6.63 The Applicant shall construct an inicrconnccrcd transportation network w connect the _ . Pnnperry with the adjoit�Lm commercial propertD idenrifietl as Frederick County tax map parcels 55 .\- 201F and 55-,\-201G, for both vehicular and pedestrian Traffic. Said onnecutrn Page 4 of 96 Commented [P10]:'I'his Proffer Provides fora landscape buffer between proposed single ffunily dwellings and existing single family dwellings on adjoining parcels. This bufler is not otherwise required by the Zoning Ordinance or by the existing proffers for the project. Commented IN 1]: Proffer removed as it is slxcific to the adjoining commercial propcny. Commented IP121: Proffer removed as it is specific to the adjoining convnerciat property. Commented IN3]: Proffer removed as it is specific to the adjoining commercial property. • Omcl- C andour r -1 r r i17= e+�erer-shall be made in the location dcl-ticred on the GDP. (Sec 43 on'G,DI j 6.24 the �Loncurrcm with the extension of Farmington Boulevard provided by Proffer 6.2 the \p,pilirult 'hall C011.1trUt'r a sidewalk connection from Farmington Boulevard ro the cxistin(, sidewalk along cxisting ].adyslipncr Drive (Sce 4 on kM)6. DI•:SIG\ SI'.\NDARDS Page 5 of 96 Commented [P14]: Proffer re -worded to reflect that the proposed intcrparccl connection proffer is specific to the subject Property and not the adjoining commercial area. As proposed. the intcrparccl connection will align with the existing access easement on record in the commercial area. consistent with the existing proffers. Commented IN5]: The Senseny and Greenwood transponation improvements have been removed as they are specific to the commercial prop eny. The addition of a sidewalk connection ftvnt Farmington Blvd to Ladyslipper Drive is an a(IcllUoa trssocittted with this proposed proffer amendtncnl. Commented [P16]: Proffer removed as it is specif c to the adjoining commercial property. Commented (P17]: Proffer removed as it is spocific m the adjoining commercial progeny. Commented [P18]: Proffer removed as it is specific to the adjoining commercial propeny. • Cl OmrF e vmr oar tr l l I'm//rr f lrrlunrul . ... . - •. • .._ All btAtAing:1 Withi i the tt!C4 A)f flit of. Ain Ile— . ift -. , r faCades of any nu.1164, iri restdcnrjal struerurC located on ncC I'rnhcrr)' shall be consrruClccl using a combination ofally of the following trrucrials: brick: stone. or sinrttlarcd mete; Wood: I I'll-clishinglC and/or I Iarclirrint, or material of compartblc yua[it\•:.\•rck Trimboards or matcril I of compamblc quality. Fypon brackets and/or cormcc dcrtih: crucCO ; glass. .\n\ multi- family residential building consrntewd on the properti• shall utilizC a mixture of building materials in nn effort to relate to the sut•rounding area. '.42 .\ny nudri-family residcnrial structures IoCatCd on the Prolicrrf' shall ineorporarc , bays-, and columned porChC9 to MOW effectively relate to eurrtntttdjng properties_ S. PARKS AND RI:CRIi: TION 8.1 I he .\pplirrnt shall = - . rescn' an oMn ;picc area for an approximately 3-9fi_0 acre park in ehe locat:iun depicrcd on ncc GDP . . .\r such time rhat both the .\pp[icant and the• HUarel find it ro bC in ncC best inrcrCst of ncC (.1nt[n1C, said park may be dedicatccl to ncC County for use bV rhC gcnctal public. `[•hc park area chill be psltnitted to count towards the rc•yuired open space for the Propert)lnd may be utilized for utilities. )rrtding. as well as drtiriage and vcments assoeiared with devclonment of the P oper_ ,. Ann- rcucnrion imoruvoicnr- constructed by the pplicant wirbin the pirk are`t shall be permitted to count towards the reerorion amenities rcq iu rcd by the Fredc6ck Counn• Zoning Ordinlnec for development of the tPropc_m 9.2 . +Yvti Fit Page 6 of 96 Commented [P191: Proffer removed as it is specific to the adjoining commercial property. Commented [P20]: Proffer removed as it is specific to the adjoining commercial property. Commented [P21): The development concept for the project 15 years ago planned for n single L-shaped apartment building with 87 dwelling units. As the proposed proffer amendment now provides for fewer multi -family units and the intent is not to provide for a single, L-shaped building, the `non -symmetrical massing' language has been removed. As the referenced hxhibiIs were specific to a product for it previous applicant., the reference to those Exhibits has been removed. Commented [P22): The open spaceipark area has been shined front the .vest side of the site to a larger bay of open space on the cast side of the site (3.5 acres vs 6.0 acres) to hneorponne the existing ephemeral stream located on the Property. The Applicant intended to remove this proffer entirely, but in response to comments made at the 9/l/21 Planning Commission meeting, the Applicant has included the potential for the park space to be dedicated to the County at a Onure date should the County and Applicant (likely the fumue HOA far the development at that time) agree. • • OMjk C ow—, / e ,/ Pnrlle, l/dltmrnf It 1t.."S flit li*miie of Site To r Commented IP231: holler retno rod as it is specific to the adjoining commercial Property, &.38.2 The ,Applicant shall contribute to the Board the sum of S248.00 I)Cr dwelling unit for [larks and recrcat:ion purposes, payable upon the isSuance of aLI htrf t eu anc\�l permit for each dwelling unit, Commented [P24]: All moaciar% proffers revised to reflect trigger ofoccupancy permit for monetary proffers, n t tr'. t et,t�,i, pl N consistent with the Code of Virginia. ---mc�rt-rrr� c.r .. \. Commented [P25]: Proffer removed as the Zoning Ordinnnce requires full cut-off futures and prohibits floodlighting. . . _. _ Commented [P26]: P coffer removed as it is specific to the adjoining commercial property. ._ _ , p Commented [P27]: Proffer removed as it is currently a requirement ofthe Zoning Ordinance. 442. SOI,II) \C',\S"fl{ AND RIiCYCI,I\( CON AINFRS 8-12.Locarion of solid wastc and recycling containcrs, Utility Cc1uihnunr storage will be contained within fenced cnclusures. 4-2-10. F1111: AND RIiS(AT 8-310.1 The .\pplicaw shall contribute to the Board the sum of S166.00 per dwelling unit for fir and rescue pur oSes, payable upon the issuanCC of a>Z l3trtldirt� occupa_�cy )mrmid for Cach dvycllin} unit_ Commented [P28]: All monetary proffers revised to reflect trigger ofoecuptarcy permit for monetary proffers, 131L. (.li\IiR.\L((7\'I:R\\II:\I consistent with iequirememsofthe Code ofVirginiu. a311.1 The .Applicant shall con(ribUIC rtr the Board nce sum of S37.00 per dwelling unit for general governmem putpo$CS, p II-INC upon nce issuancC of aLl lmildpn;•,�,cv I)crnw for cash dwelling unit. Commented 1P291: All monetary proffers revised to reflect trigger of occupancy pennit for monetary proffers, 4412, PUBLIC S.\I'I.II" consistent with requirements ofthe Code ofVirginia. 12.1 The .\pplicant shall eonrributC TO the Board the Sum of S76.00 per dwelling unit for public safcty purposcS, payable upon (he iSSttancc of aL Hnilt "g <tecupinev� permit For each dwelling unit. Commented [P30]: All monetary proffers revised to reflect trigger ofoccupancy pennit for monetaryproffers, consistent with recµtirentents ofthe Code of Virginia. Paec 7 of 96 Omrf (onr;ont .0 r raja 1'mIlet 1 fafe runt +5Jj. III Iz.\ li)' 13.1 I`hc \ppljeant shall ctrnrrtbute tit the Board the sum of S31.00 her dwelling unit for library huII)OSCS, payable upon the isstetncc of aii beiddi"t )M'121111 pernin for catch dwelling unit. 4{ij 4. I l"I'l'IZI: RO.\I) I\IPRO T.%II•:\'I'S Commented [P311: All monetary proffers revised to reflect trigger ofoccuprutcy permit for monetary prollcrs, consistent with requirements oft Ile Code of Virginia. 14.1 The Applicant Shall confriburc it) the Board they sum of S2,854.00 per dwelling unit for fururc impruycmcnrs ro SCnSCny Road and (irccmkyood Rt tad, payab1C upon the issuance of ai 6LIwidw ig �xcvpaucyj permit for each Commented [P32]: All monetary proffers revised to dwelling unit. runect trigger ofoccupancy pennii for monciary prollers, consistent e•ith regmrentcnts of the Code of Virginia. 18 vnttt�rw r �u r w,t-stc rri 133LC 8 of 96 Commented [P33J: Proffer removed as the GIMP shows all iaterparcel connection proposed as pan ol'the development. Commented [P34]: Proffer removed as it is slxcific to the adjoining commercial property. Commented [P351: Proffer removed as it is slxcific to the adjoining commercial property. r Um;( Cornrr, r• Rr.udmlLd Pru/(rS6N, rnrnl tiIG\.A'I'l)1(I{5 ,11'I'li.AR ON T] 1I? P•AGFS Rcslu�ctfulh• submitted, m I•itic: wt-tiel;-Cen etrr,� , t1iNrttlyl)ave I Icillidav c-l"t-cticm, Inc. Page 9 of 96 0 Om, k (nonrour& -ridlllfid N/a/evirul STXH: , ()FVI W; IN IW,1: , COI INTY,To-wit: The forcgoing in-;(ruincilt ryas ;ICkI)0\%'ICdgCCI I)L'I'()IC MC IIIi.1' -(I;I\' of , '10062021, by NIN, Commission expil-cs Notary Public P.I.mmit mit (;mtum-totmi Br Title. STATH (Al "HUANHA, \'I* j'ARGil, I)I (4 )PN-WPV,-To-tvit'. PaLe 10 of 96 fhri,k (,runnu,a� Ilrudn;lml Pnr(/rr.l7dlnunU r-1 ilt'-fHfY�Hfttl�-fH::it"Hfttt't1H\':ty�tt'ii-f1H\Y�Ccii;t'ci'i)C�HI"Cittl (itltit-�N�` �nn�t�t Nl)1 Col tit itt4 tHtre1.11ttret'i �Hhtfi�#�ttlilfe att :�trc�t{�1tNw::rr}tfttittrt�; Page I I of PO • �-= 4` 0EL- Dave Holliday Construction, Inc. 420 West Jubal Early Drive, Suite 103 / Winchester, Virginia 22601 Phone 540.667.2120 Fax 540.667.5414 Generalized Development Plan OWNER: DAVE HOLLIDAY CONSTRUCTION, INC. ,00 o ,00 zoo Orrick Commons Residential TAX MAP PARCEL: 55-A-201B SCALE: 1' = too' ca.rwNwrmva.r Date: ReviSed: ACREAGE: 33.61 Aces April 12, 2021 September 7, 2021 • • 017irk- Coi»mons Residenlial Pro(%rI-SlalemriN PROFFER STATEMENT R.I ZONING: RZ. #: RP (Residential Performance) to RP (Residential Performance) 33.61 acres +/- PROPERTY: 33.61 Acres +/-,. Tax \Iap Parcel 155-A-20113 f i, l(the "Property") RI CORD OWNI'R: DAVE HOLLIDAY CONSTRUCTION, INC. APPLICANT: DAVE HOLLIDAY CONSTRUCTION, INC. PROJECT N.UNl.l : Orrick Commons Residential ORIGINA], D.ATI OF PRO 1: 1-:1 --RS: i1Lay 5, 2021 R-1—VISION DAT (S): August 5, 2021. September. 7. 2021 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP condiuona.l rezoning is not granted as applied for by the applicant ("applicant"), these proffers shall be deemed widulrawn and shall be null and void. Further, these proffers are contingent upon Final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last clay upon \VhICh the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the dad, following entry of a final court: order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the 1'roper.ry adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" dated April 12, 2021 revised September 7, 2021 (the "GDI'"), attached hereto and incorporated as part of this Proffer Statement, and shall include the following: Pagc I of 6 017irk Counnonr Reridenlia/ Pro(lerS!n/e111en/ 1. LAND l.. SI': I1 1'2] 1.1 Residential development shall be provided as a mixture of single family and multi -family units. Devclopment of the property shall not exceed a total of 170 dwelling units. ;\lulci-family units shall not exceed 48 total units. The locations of the dwelling units on the Property shall be located as general -IN, depicted on the GDRIP31. 1.2 F.XCCpt to the extent otherwise prohibited by the A"irginia lair I lousing La\v, the 1--cderal lair I lousing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "agc-restricted" and shall be restricted to "housing for older persons" as defined in Va. Code .\nn. 36-96.7, or a surviving spouse not so qualifying. No persons under 19 \-cars of age shall be permuted to be regularly domiciled or to reside permanendl - therein. The restriction provided for herein shall also be in the form of a restrictioe covenant with respect to the residential portion of the property, and any homeowners' Association created with respect thereto shall have assigned responsibil.it:� for the enforcement and administration of the said covenant. N]` 1'31 ?. CONDITIONS PIS ChDI?N"1" TO 71IF ISSI.ANCI 01 13FRNI.ITS AND PLAN APPROVALS: 2.1 The Property- shall be developed as one single and unified dc\-clopment in accordance with applicable ordinances, rcgulauons, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. 3. CREATION OF I-IOMEOVVNEERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter 'TJOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities duties and powers as are customary for such associations or as may be required for such I IOA herein. 3.22 In addition to such other dunes and responsibilities as may be assigned, an IIOA shall have title to and responsibility for (1) all common open space areas, (j) common buffer areas located outside of residential lots; (j.1) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for t:he perpetual maintenance of any street, perimeter, or road buffer areas, ,ill of which buffer areas shall be located within easements to be granted to the I ]O.A if platted within residential or other lots, or otherwise granted to the I JOA by appropriate instrument, (v) Page 2 of 6 9 • 0177i.-: C onlnloNJ Residential Pro(%r Slalemew responsibility for payment for maintenance of streetlights, and (vi) 111a111Lelia lice of private ISCTCCt'siJ7U,l }. \VA'1'I R & SI \\7:R: 4.1 "Flie Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing al.] facll.16CS required for such connection. _ M water and sewer infrastructure shall be constructed in accordance with the requirements of I rcdcrick INVaterIP71. The cost of all \Vater and sewer improvements will be borne by the Allpl.icant. D. 1. A'N IR0NA11NT: 1I t'sl 3.1 The Applicant shall preserve the existing intermittent stream channel located Oil the Southeast portion of the Propercv. Disturbance of the stream channel shall be prohibited. (See I on iGDPjv9:1) 5.2 The Applicant shall provide a sinsrle row of eversxrcen trees planted a maximum of ten feet on center vvrithin a 10 foot vvide landscape easement between any single family residential lots constructed on the Property and existing single family lots adjacent to the Property. Said trees shall be a n-urunium of four feet tall at tune of planting,, maintained by the I1OA. and th 6. T1Z\\tSPOR`T'.A'TIO\t: 6.1 Transportation iniprovenlenns shall be designed and constructed consistent with the study entitled "A "Traffic Impact Analysis of the Orrick Property," prepared by Patton I Iarris Rust & Associates, dated October" 11, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. �1tm16.2 The extension of Farmington Boulevard through the project shall be designed and constructed to base paVcnlent and bonded to final pavement prior to issuance of a certificate of occupallc�l for the First single fanlihr d\velling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDO 1'. (See 2 on GDP) 111112J 111316.3 The Applicant shall construct an interconnected transportation network to connect. the Property with the adjoining commercial property,, I dentified as 1'rederick County tax map parcels 55-A-2011' and 55-A-201 G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (See 3 on;GDPj1'14l) Page 3 of 6 0 • Orrick- Comnlorr.r Reriderrliu/ Pro(%rSlalemew 6.4 Concurrent with the extension of Farmington Boulevard provided by 1)roffcr 6.2, the=\pplicant shall construct a sidewalk connection from Farmington Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 on oGDPIP151). �1)16111'17111'1s17. D.1S1GN S"TANDAMS �t'191 1112o17.1 A1.1 facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; I lardishingle and/or I lardin:im, or material of comparable quality,; Azck `1'rimboards or material of comparable cluaht)r; Fypon brackets and/or cornice details; stucco; glass. r\ny multi- family residential building constructed on the property shal.l ud.l.izc a mixture of building materials in an effort to relate to the surrounding area. 7.2 Any multi -family residendal structures located on the Property shall incorporate bays and columned porches to more effectively relate to surrounding properties. IP21] PARKS AND R.1-SCR .,1'A 1'10N 8.1 1122]The Applicant shall reserve an open space area for an approximatelh 6.0 acre park in the location depicted on the GDP. At such time that both the Applicant and the Board find it to be in the best interest of the Count),, said park may be dedicated to the County for use by the general public. The park mitted to count towards the required open space for the area sh111 be Per Property and may be utilized for utilities. grading. as well as drainage and stormwater improvements associated with development of the Property. Any recreation improvements constructed by the Applicant within the park area shall be pernutted to count towards the recreation amenities required by . . . .. 11 . r i I _ r ..1_ _ `I P26IP27111'2s1 ?J1>241The Applicant shall contribute to the Board the sum of S248.00 per dwelling unit for parks and recreation purposes, jxiyablc upon the issuance of an !occupancyjP251 permit for each dwel.ling unit. Page 4 of 6 0 • 0177(k CAnl1volu Refidelilied by" S/nNWI// 9. SOLID W ASTF, AND RJ CI'CI.ING CONTAIN1:RS 9.1 Location of sol.id waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 1O. FIR-1--'AND RESCUE 10.1 Ile AppGeanr shall contribute to the Board the sum of $16100 per dwelling unit: for fire and rescue purposes, payable upon the issuance of an occupancy �perrritjP29] for each dwelling unit. 11. GI-NERU, GO\'latt\,s1vII;NT 1 1 A The Applicant shall contriburc to the Board the sum of 53710 per dwelling unit for general government purposes, payable upon the issuance of an occupancygP30) permit for each dwel.l.ing unit. 12. Pl°BUC SAI-FI-Y 121 The Applicant shall contribute to the Board the sum of S76AM per dwelling unit for public safety purposes, payable upon the issuance of an IPccupancyf P3t] pernvt for each chvcl.ling unit:. 13. LIBRARY 13.1 The Applicanr shall contribute to the Board die sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of an occupancy`1132] permit for each dwelling unit. 14. I,U'I" ]U ROAD WPROVEI\IFN'TS 14A The Applicanr shall contriburc to the Board the sum of 52,£34.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road payable upon the issuance of an occupancypP33] permit for each dwell-ing unit. 11 P34:h P35.t P361 Page 5 of 6 9 Onrrk Coiuuiolu Residenlial ProllwrSlalev✓eul SIGNATUR1:S :APP]�'AR ON '1'I IF FOLLOWING PAGI?S RcshectfullV submitted, Dave Flolliday Consu-uction, Inc. I3y: "Title: STATE- OF VIRGINIA, SAT L ARGI? FRLDI3RICK COUNTY, To -wit: Page 6 of C> 017ii'k C omivanr Reridell ial P�oO .Slr�lri�i ul The foregoing instrument was acknowledged bcforc me this clay of 2021, by My commission c.\hircs Notary Public Page 7 of G • 0 Omck Commons Residenli! Proper Slalemeni PROFFER STATEMENT REZONING: RZ. #: RP (Residential Performance) to RP (Residential Performance) 33.61 acres +/- PROPERTY 33.61 Acres +/-; Tax i\lap Parcel 55-A-201B 1vi1(the "Property") RECORD O\\�1ER: DAVE HOLLIDAY CONSTRUCTION, INC. APPLICANT: DAVE HOLLIDAY CONSTRUCTION, INC. PRO]F_CT NAi\,IE: Orrick Commons Residential ORIGINAL DATE OF PROFFERS: iWay 5, 2021 REVISION DATE(S): August 5, 2021; September 7. 2021 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed Withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to subnvt development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board wlnich has not been appealed, or, if appealed, the day followui lg which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for conveivence or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors In interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" dated April 12, 2021 rexised Sehtcnnber 7. 2021 (the "GDP"), attached hereto and incorporated as part of this Proffer Statement, and shall include the following: Page I of 6 Omck Commons Residential Proffer Slalenienl [P21 LAND USE: 1.1 Residential development shall be provided as a mixture of single fatnily and multi -family units. Development of the Property shall not exceed a total of 170 dwelling units. tMulti-family units shall not exceed 48 total units. The locations of the dwelling units on the Property shall be located as generally depicted on the GDP[P3]. 1.2 Except to the extent otherwise prohibited by the Virginia hair housing Law, the Federal hair I -lousing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly donuciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created With respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. [P4I[P5] CONDITIONS PRECEDENT TO TFfE ISSUANCE, OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and iuufied development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. CREATION OF HO'L\IFO\&i\FRS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, dudes, and powers as are customary for such associations or as may be required for such HOA herein. 32 In addition to such other duties and responsibilities as may be assigned, an I-1OA shall have title to and responsibility for. (i) all common open space areas, (ii) cornmon buffer areas located outside of residential lots, (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of wluch buffer areas shall be located within easements to be granted to the I-LOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument, (v) Page 2 of 6 • • Orrick Cannons Residential Proffer Slalemeni responsibility for payment for maintenance of streetlights, and (-,i) maintenance of private streets[P6I. WATER & Sl \\'l R: 4.1 The Applicant shall be responsible for connecting the Property to public water and sever, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance With the regLuremcnts of Frederick Water[1,7l. The cost of all water and sewer improvements \vil.l be borne by the Applicant. LNVIRONME� N T : [PSI 5.1 The Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Property. Disturbance of the stream channel shall be prohibited. (See 1 on GDP{P9l) 5' The Applicant shall provide a single row of evergreen trees planted a maximum of ten feet on center within a 10 foot wide landscape easement bem,cen and- single family residential lots constructcd on the Properj�' and existing single familyylots adjacent to the Property. Said trees shall be a minimum of four feet tall at time of planting; maintained b�, the 11O.A, and shall be bonded or installed prior to issuance of an occupanctpernut for the -5" dwelling unit constructed on the Propcgty lmol 17PU\NSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Parton Harris Rust & Associates, dated October 11, 2005 (the "TTA"). The Applicant shall privately fond all transportation improvements required of this project. [Pt t16.2 The extension of Famiirigton Boulevard th.rough the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the First single family dwelling unit. Design of Farinulgton Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) [P12IlP13]6.3 The Applicant shall construct an interconnected transportation network to connect the Property with the adjoitung commercial property, identified as Frederick County tax map parcels 55-A-2011" and 55-A-201G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (See 3 on GDP[P14l) Page 3 of 6 OrT ck Commons Residenlial Proffer Slalemenl 6.4 Concurrent with the extension of Farmington Boulevard provided by Proffer 6.2, the applicant shall construct a sidewalk connection from Farmington Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 on GDP[P151). [P161[P171fP18j7. DESIGN STANDARDS [P19] [P2o]7.1 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Flardishingle and/or Harditrim, or material of comparable quality; Azek T'rimboards or material of comparable quality; Fypon brackets and/or cornice details; stucco; glass. Any multi- family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.2 Any multi -family residential structures located on the Property shall incorporate bays and columned porches to more effectively relate to surrounding properties. '[P211 PARKS AND RBClU AT`ION 8.1 [P221T'he Applicant shall reserve an open space area for an al-)proxu-nately 6.0 acre park in the location depicted on the GDR .At such time that both the Al2nlicant and the Board find it to be in the best interest of the County, said park may be dedicated to the Count�' for use by the general public. The park area shall be hernvrred to count towards the required open space for. the Property and mavbe utilized for utilities Vrading. as well as draina e and storrnwater improvements associated with development of the Properrv. Any recreation improvements constructed b), the 312plieant within the park area shall bc=permitted to count towards the recreation an resJuired b) the Frederick County %onli� Ordinance for deyelopment of the ProperWP231. &-18.2 [P24j 1 he Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an occupancy[P25] permit for each dwelling unit. [P26][P27][P28] Page 4 of 6 Onick Commons Residenlial Proper Skdemenl 9. SOLID WASTE AND RECYCLING CONTAINERS 9.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 10. FIRE AND RESCUE 10.1 The Applicant shall contribute to the Board the sum of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an occupancy permit[P29] for each dwelling Unit. 11. GENL" R L GOVERN\IEN 1" 11.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of an occupancy[P30] permit for each dwelling unit. 12. PUBL.IC SAFETY 12.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unut for public safety purposes, payable upon the issuance of an oceupancy[P31] pernut for each dwelling unit. 13. LIB13r\RY 13.1 The Applicant shall contribute to the Board the stun of $31.00 per dwelling unit for library purposes, payable upon the issuance of an oceupancy[P32] permit for each dwelling unit. 14. FLTI:IZL' ROAD IMPROVrI\11 NT'S 14.1 The Applicant shall contribute to the Board the stun of 52,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of an occupancy[1133] pernut for each dwelling unit. fP34I[P351[P361 Page 5 of 6 Ori7rk COm1110/ s Residenlial Proper Slalemew SIGNATURES APPE AR ON THE FOLL,OWING PAGI3S Respectfully subnutted, Davc Holliday Construction, Inc. By: Titic: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Page 6 of 6 0 Onio(: Corvwons Residenlial ProQerSlalenieal The foregoing instltunent was acknowledged before me this day of , 2021, by Nly commission expires Notary Public Page 7 of 6 Al S E P 9 2021 September 8, 2021 FRE©EMCK COUNTY, PLANNING AND DEVELOPMENT Candice Perkins, AICP Deputy Director Department of Planning and Development Frederick County 107 North Kent Street Winchester, VA 22601 RE: Orrick Commons Residential — Proffer Amendment Revisions Dear Mrs. Perkins, Please find attached the following revised application materials for the Orrick Commons Residential Proffer Amendment: 1. Revised Proffer Statement dated September 7, 2021 2. Redlined version of revised proffer statement compared with existing approved proffers for the project 3. Redlined version of the revised proffer statement compared with the August 51h version, as presented to the Planning Commission, to show only those changes made in response to comments made at the September 1st Planning Commission meeting 4. Revised GDP dated September 7, 2021 In response to comments made by the Planning Commission, the attached revised proffer statement and GDP provides for (i) an evergreen buffer between any new single family lots proposed within the project and existing single family lots on adjoining parcels and (ii) a park reservation area, approximately 6.0 acres in size. Should the Applicant and Board of Supervisors agree at a future date, this area will be dedicated to the County for use as a public park. If you have any questions or would like to discuss further, please feel free to contact me at (540) 336-3333. Sincerely, Patrick Sowers Director of Land Development 420 W. Jubal Early Drive, Suite 103 • Winchester, VA 22601 • Ph: 540-667-2120 • Fx: 540-667-5414 • 9 On c•,,: C011lnloils Rell&lllial `,� r s } s p ",4 .;; ,.; ' Proper Slolelrlenl PROFFER STATEMENT REZONING: RZ. #: RI' (Residential Performance) to RP (Residential Performance) 33.61 acres +/- PROPERTY: 33.61 l\cres +/-; Tax N,hip Parcel 55-A-20'1B (the "Property") RECORD OWNER: DAVE HOLLIDAY CONSTRUCTION, INC. APPLICANT: DAVE HOLLIDAY CONSTRUCTION, INC. PROJECT NAi\,IE: Orrick Commons Residential ORIGINAL DATE OF PROFFERS: i\lay 5, 2021 REVISION DATE(S): August 5, 2021; September 7, 2021 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced IZP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezolung of the Property with "final rezolung" defined as that rezoning which is in effect on the day following the last day upon wiich the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following,,vhuch the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvemctits proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless othervise specified herein. '1 he term "Applicant" as referenced herein shall Include within Its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" dated April 12, 2021 revised September 7, 2021 (the "GDP"), attached hereto and incorporated as part of this Proffer Statement, and shall include the following: Page I of 6 9 Onir, Conuliau Rrsidenlial PragerSlaleniew LAND USE: 1.1 Residential development shall be provided as a nuxturc of single family and multi -family ututs. Development of the Property shall not exceed a total of 170 dwelling units. Multi -family units shall not exceed 48 total units. The locations of the dwelling units on the Property shall be located as generally depicted on the GDP. 12 Except to the extent othctwisc prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "agc-restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and aclmitustration of the said covenant. CONDITIONS PRECEDI�N'1' "1'O "I'I-11 ISSUANCE OF PI-'RMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. CREATION OF I-IOIIEOWNI RS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "I-IOA") that shall be responsible for the ownerslup, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dcdicated to the Count)' or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such I-IOA herein. 32 In addition to such other duties and responsibilities as may be assigned, an I-IOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located witivn easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument, (v) Page 2 of 6 I • • On ek, COnvn/Ons Residenlial Prq#er Slnlemenl responsibility for payment for maintenance of streetlights, and (vi) maintenance of private streets. 4. WATER & SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of Frederick Water. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONI\4II3NT: 5.1 'I'lic Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Property. Disturbance of the stream channel shall be prohibited. (See 1 on GDP) 5.2 The Applicant shall provldc a single row of evergreen trees planted a maximum of ten feet on center within a 10 foot wide landscape easement between any single family residential lots constructed on the Property and existing single family lots adjacent to the Property. Said trees shall be a mlrumurn of four feet tall at time of planting, maintained by the I-IOA, and shall be bonded or installed prior to issuance of an occupancy permit for the 75"' dwelling unit constructed on the Property. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. 6.2 The extension of Farnungton Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the fast single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDO'I". (See 2 on GDP) 6.3 The Applicant shall construct an interconnected transportation network to connect the Property with the adjoining commercial property, identified as Frederick Count}' tax reap parcels 55-A-2011" and 55-A-201G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (Sec 3 on GDP) Page 3 of 6 • 11 Onit-1, Canma/J Reside lial llrgger Slalel//Clll 6.4 ConcurreIlt with the extension of Farmington Boulevard provided by Proffer 6.2, the Applicant shall construct a sidewalk connection from Farmington Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 on GDP). DESIGN STANDARDS 7.1 All facades of any multi -family residential structure located on the Property Shall be constructed using a combination of any of the following materials: brick; stone, or Slllltllated stone; wood; I-Iardisllingle and/or I-Iarditrim, or material of comparable quality; Azck'Frinlboards or material of comparable quality; Fypon brackets and/or cornlice details; stucco; glass. Any multi- family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.2 Any multi -family residential structures located on the Property shall incorporate bays and colun-inlcd porches to more effectively relate to surrounding properties. 8. PARKS AND RECREATION 8.1 The Applicant shall reserve an open space area for an approximately 6.0 acre park in the location depicted on the GDP. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. The park area shall be permitted to count towards the regtured open space for the Property and may be utilized for utilities, grading, as well as drainage and stormwatcr improvements associated with dcvclopmcnt of the Property. Any recreation inlprovelnents constructed by the Applicant within the park mitted to count towards the recreation amenities required by area shall be per the Frederick Count), Zoning Ordinance for development of the Property. 8.2 The Applicant shall contribute to the Board the sum of 5248.00 per dwelling urn t for parks and recreation purposes, payable upon the issuance of all occupancy permit for each dwelling unit. 9. SOLID WASTE AND RECYCLING CONTAINERS 9.1 Location of solid %vaste and recycling containers, utility equipment storage will be contained within fenced enclosures. 10. I IR13 AND RESCUE 10.1 The Applicant shall contribute to the Board the sum of S166.00 per dwelling ulllt for fire aIld rescue purposes, payable upon the issuance of ail occupancy perinit for each dwelling unlit. Page 4 of 6 0 0177Gk' CO/Imvoiis Residelllial Pro(%r Slalemeal 11. GENERAL GOVERNMENT 11.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the Issuance of an occupancy permit for each dwelling un-lit. 12. PUBLIC SAFETY 12.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of an occupancy permit for each chvclling unit. 13. LIBRARY 13.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for hbrary purposes, payable upon the Issuance of an occupancy perlTllt for each dwelling unit. 14. FUTURE ROAD III-IPROVI N,1J NTS 14.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unlit for future improvements to Scnscny Road and Greenwood Road, payable upon the issuance of an occupancy permit for each dwelling unlit. SIGNATURES APPI3AR ON TI-I1 FOI-LOWING PAGES Page 5 of 6 0 Oniek Covinions Residential Prober S/nlenew Respectfully submitted, Dave Holliday Construction, Inc. By: Title: STATE Or VIRGINIA, AT LARGI, PR1MEMCK COUNTY, To -wit: The foregoing instrument was acknowledged before me this clay of , 2021, by My commission expires Notary Public Page 6 of 6 • • Omrk Commons r ° z r• Pro(%r.4'Gdrmrn! PROPOSED PROFFER STATEMENT Rl%'Z_ONING: I Z. #: R--�Rl' (Itt ril `rmtiKc•,tckn wI Pcrfonnitux to RP (Residential Performance) 33.61 acres +/- Ynd 142 Hc+anc tt F'tnend 22 PROPI:WI'Y: 44-6:+h8D.61 ,\cres +/-; Tax \hap Parcel 55-A-201 ji (the "Property") RI: COR1) 0VINI 11: Orri It sm �_ e+DAVE�Iy_10 -LIDAY CONSTRUCTION, INC. APPLICANT: DAVE HOLLIDAY CONSTRUCTION INC PROJI:CI' N.A\II:: Orrick Commons !Loduitt,t ORIGINAL DXI'F OF PROFFERS: _ \sae 5. 2021 RI:\'ISION D.\'I'F(S): , _ __, _ Ap_ \tap 1' �E)E1Fi \1tr 21, 2006—hint-2"""August 5. 2021, Sctitcm�cr,.2l)21 The undersigned hereby proffers that the use and development of the subject property (" Properry"), as described above, shall be in strict eonfomrtnec with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP snd 42 conditional rezoning is not granted as applied for by the applicant (".\pplicant" ), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properry with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the ,\pplicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a Final court order affirming the decision of the Board which has not been appealed, or, if appcatcd, the clay following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and sha11 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 Propert}• adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shalt include within its meaning all future owners and successors in interest. \\•'hen used in these proffers, the "Gcncralired I)evclopman Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Conrntms Reademul" dated . _ \aril 12. 2021 revised -kt,— 2, 2006Scptcmbcr - Page I of 06 Lpv!��,, LL�LL� Li Commented IN]: This Proper Amendment deals only with the RP zoned (Residential) portion of Orrick Commons 01 • omrk ( ommont F , ! 1'roffier- tatemeni '(l"_' I (the "GDP") ut ached hereto and incomorati d i Ima of this Proffer tirttcnacnt and shall include the following: LAND USFI: 4,22 (_Residential development shall be provided as a miXturc of single farnily and multi -family units Dcvclopnunt of the Proper.() Shall not exceed ,t total of 1-0 e, tenet--(-f)de \lulti f.mailt unit__ h.tll not cxtccd -18 tut.11 ul)l1. _The locations of the on the Propunn shall be located as generalh, depicted on the 4-,1 " Except to the extent otherwise prohibited by the Virginia Fair I lousing Lain, the Federal hair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "agc-restricted" and shall be restricted to "housing flit older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No petsonS under 19 years of agc shall be permitted to be relntlarly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any llotncowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the Said covenant. flidjel!t'l t)mi Elie (AN'. CONDITIONS PRIiCI:DI?NT TO TI II: ISSC.\NCI: OF PI:RM]TS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance \with applicable ordinances, regulations, dcsilm standards, and this Orrick Commons Re Sidential Proffer Statement as approved by the Board. 3. CRF ATION OF I IOMFO\Xntf:RS' ASSO(JATION: Page 2 of 4fi t Commented [P2]: Proffer removed as it is specific to the ,adjoining commercial property. Commented [P3]: Proffer added to (i) limit development to a maxima» of 170 dwelling units instead of 201 units I currently permiued, and (ii) limit total number of multi- family units to 48. Areas for each housing type are more fully described by the proffered GDP. Commented [P4]: Proffer removed as it is spec, fie to the a adjoiningcommercial property. F_— ! Commented [PS]: Proffer retnovcd as it is specific to the `adjoining commercial properly.__V� • • Orrick Gammons -r v M I ""It" S/vlrmoN 5. 3.1 The residential development shall be made subject to a htamcowners' association (hereinafter "IiOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the COUnty or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such 110A herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an 110A shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential karts; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibilin, for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within casements to be granted to the 110A if platted within residential or other lots, or otherwise granted to the I IOA by appropriate instrument, mxl (v) responsibility for payment for maintenance of streetlights mould] NI maintenance ttpnvate streets. 4.1 The Applicant shall be responsible for connecting the property to public water and sewer, and for constructing all facilities require) for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of tljr—Fredcrick oti \C z cr. The cost of all water anti sewer improvements will be borne by the Applicant. :N\'IRON \d 1-'N'I': _ velt crrr+ctlr em I*w-strtltrfirrtr 3.21 1 f a000--itlutmt legit a ti Fier r+r -t-'t IlAi Proh!i)tt -tl-'Ihe \u�licuu hill pre.crye du c�.1 .1 intcu7nutt•nt trcun Channel IocucJ on the tiouthya t pornon of the 1'roperq Disturbance of the trCun chuancl sdiall be prohtba'd tics I on (;l)P; 5.2 t he \nplicmt 'hall protadc a row of c%crgacn nits planted a mayrmum of tell feet on center within t 10 foot uacic I lnd "rape ca<Cment la • w •cn m) lligic f trail) rc'tdentt.tl lot, co l"trucacd on Ilse l' QJ-) a I est,nng Ingle famuh lots atllaccnt to the Proper be a Page 3 of L* Commented [P6]: Clarifies FIOA's maintenance responsibilities for private streets within the development ` Commented [P7]: Proffer updated to reflect Frederick tity Water as current enname for water and sewer__�] . Commented [P8]: Proffer removed as compliance with current stonmvatcr management regulations will require BIM for the site Commented [P9] The tree save area proffer was specific to the adjoining commercial area. the strearn preservation area is a newly proposed proffer based on existing site conditions and the layout proposed by the latest GOP. • Om;k C.OmmOnJ ] Pn ffrr Vtafemrnr 6. nunuaauna of lour test tall a umt, of Li] tmllgm unt.uncd by the I K )A, ,ind shall be hoodt°c1t)r tnattllcdpnttr a u>u,uuc ul`;ut nccw t rt tS�ur _h -�' dwelhng unit cumtructcd oil _t_ht_1'_roncrn. TRANSPORTATION: 6.1 Transpormtion improvements shall be designed and constructed consistent adth the study entitled ",A Traffic Impact Analysis of the Orrick property," prepared by Parton I lams Rust & Associates, dated October 11, 2005 (the "'FIX). 'The .Applicant shall privately fund all transportation improvements required of this project. }bt,ed r A A-ht t 't litrrr+io'die l triflit rr-rxi rtrtF- r+z tt ert tli3v 6.42 The extension of Famaingron Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit. Design of Famiingion I30ulevarcl shall include traffic calming measures acceptable to VDOT. (Sec 2 on GDP) - - it rn ht ttifil Astir- tr r totr st t w7�r7trrirl t R , Route -r �tt i „n it! it t- .t., a lit ttt Fa "I4-R-t-" i--N.-,trfr rr+^t tht-T-P q)(Iftti tt�e - - te!rt+ei 6.63 The .Applicant shall construct an interconnected transportation network to connect the ta' :,1,1 -412 r rtrd fir++ +t- r+1 tar Property with the ac6utmnv conamerctal property L identified i l'rcdcnck (ount) tax natp parcel, as \ 20IF .i,nSl a� A 201(i for both vehicular and pedestrian traffic. Said r rr razac c cc r1 t t wck7 rtial7+rrt titrna trf t�ar}7r,pe-k connection Page 4 of Vh Commented [P10]: This proffer provides for a landscape buffer between proposed single family dwellings and existing single family dwellings on adjoining parcels. This buffer is not odterwise required by the Zoning Ordinance or ', by the existing proffers for the project. c Commented [P11]: Proffer removed as it is specific to the ,adjoining commercial property. Commented [P12]: Proffer rtnnoved as it is specific to the adjoining coniniercial property. r�ti r— _ Commented [P13]: Proffer removed as it is specific to the adjoining commercial property. • • Onwk ( ommonr Kr r.t_;;ra. Nm(/rr Vt ftment t)t th, Propet-Et shall be made in the location depicted on the GDP. (See 4-1 on GDP) 6.=-L I ra i illrwt:ttte+rt—rrttit rrrtrrrt+ sFrm ? rtr+erty Fi rep—artrl (;rcctitarx+ei •{�<wd r y� mn rtt rrtar[ 1+r+tfrrrrrrrF hrtrldim-(on •urrcur m ah the c'tcn ton of I trn111)} tttn Ijou[ct° trtl procldcci bt Protkr 6.2. the Applicant 11.111 comtruct .t ,Idewtlk conMm'010n From Itrmmy;ton BOUIL,ard to the em,lingulcw,k1k along cxtaine I.atiivl�i,�cr Umc .tics-{unGD}'. 't 16t ilk tlrt V qcmi:k 'fi _ ..1 4tt—tw" r t: ai it f-lt't�rfTfi-FrPCt'Y71VfittEl , 2t ertFt] t+ l-+ + rrclCm c el- ter Ii 1 -withimi 180 1 2` fmmoiii ..I.. _ N wp! i t tr 411a1N�c—li+trtta t+> :r i+*Ir "'i Strlit 1%. Kttcl mil . . t-h»t--tttert-lrrxyt�rtec�t;:tck+t's+ped r+4--rtfe Hit 1we, . DFeSIG\ STANDARDS Page 5 of 96 +mritt� +,te4 c 1, [rsetcY ".. Commented [P14]: Proffer re -worded to reflect that the proposed interparcel connection proffer is specific to the i, subject Property and not the adjoining commercial area. As proposed, the interparcel connection will align with the existing access casement on record in the commercial area, consistent with the existing proffers. r- - — - ------ - --- Commented [P15]: The Senseny and Greenwood transportation improvements have been removed as they are Specific to the commercial property. 'fire addition of a sidewalk connection from Farmington Blvd to Ladyslipper Drive is an addition associated with this proposed proffer aniendi ent. ICommented [P16]: Proffer removed as it is specific to the adjoining commercial property. j Commented [P17]: Proffer removed its it is specific to die adjoining commercial property. -, Commented [P18]: Proffer removed as it is specific to the adjoining commercial property. • Onirk C ommonr t r ° Ptu(Jer Stairment t_ �tn3x .' I 111 ted .ti . Ir»}I +rn� rirafr _ tt 4eriitti '31 .111 facades of am multi -family residential structure located on the Property shall be eonstrucred using a combination of any of the following materials: brick; stone, or simulated stone; wood; I lardishingle and/or I larditrini, or material of comparable qualiry; A•rek Trimboards or i i t eti,tl 1jj 'o i ? tsLlc c u�iltri: Itvpon brackets and/or cornice details; stucco; glass. Any multi- family residential building constructed on the property shall utilize a mixrurc Of building materials in an effort to relate to the surrounding area. 7.42 Any multi -family residential structures located on the Property shall inrnrlx>n[c bays-, and columned porches to more effectively relate to surrounding properties;.:: P \iZKS AND 8.1 The Applicant shall if,+t crxc• an o 2i n �11acc area for an approximately 3-i6_0 acre park in the location depicted on the GIyP . . At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the Counry for usC b}' the general public. I he park urei shill be12crniitred to count towtrdv the rellltiCed open ;_puL for the Pnicrn ,uul ni.n h-t a iliicd tot utilitio<. guL_LInV t=wCll ,ts drm ul e and jormwatcr impro%cmu)tz, t ueitteLI with dcvelopnic•nt of ehc Prop�rn Am rccreuion iruiroccmCut• cot .trotted bi Chi .A �!5z1t�14"t t tht, jZirk area •hall be pemilrtcd to count toxards the reCr�:;snoll amCmtics rCuuuc°d F the hredenck (uunr�/, i ut. )[dumil" [or yl •vc• i1?t1 & i o' he Properft. �e tocir+friflti-I'>tc7rlr Emit it) i-ttt4ttftk-"l,4tt-tt- rdrtic trl� rlt+t°tt-r lit tit t t »turd- l+ ill-Ijc- eq) m-ttt e l "I it it trr'Twrc airmlr�n+rcl trlr Page 6 of L* Commented 1P191. Proffer removed as it is specific to the adjoining conunercial property. ( Commented [P20]Proffer removed as it is specific to the ouu adjng commercial property Commented (P21]: The development concept for the project 15 years ago planned for a single L-shaped apartment. building with 87 dwelling units. As the proposed proffer atnendutenl now provides for fewer multi -family units and die intent is not to provide for a single, L-shaped building, die "non-syninictrical massing' language has been removed. As the referenced Exhibits were specific to a product for a previous applicant, the reference to those Exhibits has been removed. I Commented 1P221: -fhe open space/park area has been shitled from the west side of the site to a larger bay of open space on die cast side of the site (3.5 acres vs 6.0 acres) to S incorporate the existing ephemeral siretun located on the Pmpeny. Tlie Applicant intended to remove this proffer ll entirely, but in response to comnncnis made at the 9/1/21 Planning Commission meeting, the Applicant has included the potential for the park space to be dedicated to the County at a future date should the County and Applicant (likely the future HOA for the development at that tire) agree. • OmrkCOmmonf { 'tr' 1'rn(/cra7alanau t iff`t iett, i �;L i it iiv ,1 1.,.11 1 1. _.irk 3�n'i—mc�rn.n<•_P,i'-}�'1{C- YtYti-{<i . Commented [P23]: Proffer removed as it is specific to the \ adjoining commercial property. 8-38-2 The applicant shall contribute to the Board the sum of $248.00 her dwelling unit for parks and recreation purposes, payable upon the issuance of an .r ocg:uIvncy _ permit for each dwelling unit_ Commented [P241: All monetary proffers revised to trigger of occupancy for monetary reflect permit proffers, tr r l nt consistent with the Code of Virginia. 9--I1 . t�tii-Ffr-cttirltve'ti-�vtt[t-t ' Commented [P25]: Proffer removed as die Zoning Ordinance requires full cut-off fixtures and prohibits floodlighting. , . roti,is . .. — Commented [P26]: Proffer removed as it is specific to the adjoining commercial property. 1p.2 t Commented [P27]: Proffer removed as it is currently a requirement of the Zoning Ordinance. 449. SOLID WASTI,: AND RI�,CYCLING CC)NTAI\IiRS "91 1 Loeapon of solid waste and recycling containers, utility equipment storage will be contained within fenced en ClnSUres. 4-310. I'IRF AND RISC Ul: 8 9 0 1 The applicant shall contribute to the Board the sum of S166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of au bt Ith it, _ occul)al_.tc% permit for each dwelling unit 1 Commented [P28]: All monetary proffers revised to reflect trigger of occupancy permit for monetary proffers, 44H. GFNL.RALGOVI-,R\MINI\ IIconsistent with requirements ofdieCode ofVirginia. 4-3ll.1 The Applicant shall contribute to the Board rile sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of tui httrld tF occuipdnct" permit for each dwelling unit. Commented [P29]: All monetary proffers revised to reflect trigger of occupancy permit for monetary proffers, -W 2. PUBLIC Sal' I:TY consistent with rcquircments of the Code of Virginia. I'_ 1 ,File applicant shall contribute to the Board the sum of S76.00 per dwelling unit for public safety purposes, payable upon the issuance of a-11 6WIthlir o ccuparuj permit for each dwelling unit Commented-[P301: All monetary proffers revised to reflect trigger of occupancy pennit for monetary proffers, I consistent with rcquircments of the Code of Virginia. Page 7 of W) u Omck C.ommonr c ." , ; PiWjer Slulement +9] 3. LI I3R \Rl` 13,1 '['he .Applicant shall contributc to the Board the sum of S31.00 per dwelling unit for library purposes, payable upon the issuance of an 1�rtildi c�� t tc pemiit for each dwelling unit. +614. ITTURF ROAD IMPROVI"NIFINTS I Commented [P31]. All monetary proffers revised to reflect trigger of occupancy pennit for monetary proffers, consistent with requirements ofthe Code of Virginia. 14.1 The Applicant shall contribute• to the Board the sum of 52,85q.00 per dWClling unit for furore improvements to Senseny Road and G-rCCtlwooCl Road, payable upon the issuance of an I>rt+l --occu �anctF permit for each 'rCommented`P32 All monetary roffers revised to I) I I F [ ]� rY P dwelling unit. reflect trigger of occupancy permit for monetary prolfcrs, consistent with requirements ofthe Code of Virginia. .. � —r[tr-vr+rhtl-eFttrt�tetrri:e+t�1 frtrktttr. lot i if)! rernl rre�t r+4 thr Property. Page 8 of 96 Commented [P33]: Proffer removed as the GDP shows all II interparcel connection proposed as pan ofthe development. Commented [P341: Proffer removed as it is specific to the adjoining commercial property. Commented [P351: Proffer removed as it is specific to the adjoining commercial property. J 0 9 0r7ifi: COPIP"ONf Hralnr .r r.st"I"w"t SK NATURFS APPI{AR ON TI II: FOLLOWING PACI{S EZcsPectfully submitted, mi fide: Wvtit--1 t-+„ettily ( �tmll rtl-l)avc I to lidav Collsnuctiun, Inc. Page 9 of 9G C� Onirk ( onmrant It. «Irctr.+r Pnil/tr Slaltnirnt SI'ATF O1' V'IR(;INIA, A'I' I,ARG'F I RI?I)P,RI(:K COUN Y, To -wit: The foregoing instrument was acknowlcdgcd before me this clay of , J-0462021, by MN, commission expires Notary Public I'-.�, :ttrintt+ct-l-fir+-rlr>f�+rir+ri-l-;e �rl jr� ;ttte-nt 0 4rt 4r. i R4I 1) 1 I�l+ i r,r �t nth Page 10 of P6 0 Onxk Connnons Rnij. -Li il Pia/f r.1'k /auto/ -',-;r-ii ttr};r+irtt,�-tN-:ftttrN�-ttt-tt�t;t-;teleNt rtt-Irr{�rrl-f>t S<�f'r-rt tr-i �t�:�-tl:t�� ?rr+Ht t=Nttl�itr ai r.+�rtt+rrllt--+tt! >r»tiNrrl; Page 1 I of 9G 91 • Onick Commons Residenlial Ping) r Slalemew PROFFER STATEMENT REZONING: R'L.. #: RP (Residential Performance) to RP (Residential Performance) 33.61 acres +/- PROPERTY: 33.61 Acres +/-; Tax Nlap Parcel 55-A-20113 (the "Property") RECORD OWNER: DAVE HOLLIDAY CONSTRUCTION, INC. APPLICANT: DAVE HOLLIDAY CONSTRUCTION, INC. PROJECT NAME1 : Orrick Commons Residential ORIGINAL DATE OF PROE� ERS: Flay 5, 2021 REVISION DATE(S): August 5, 2021 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that nhay have been made prior hereto. In the event that die above referenced RP conclitional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deen-icd withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on die day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirnhing the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The inmprovenhents proffered herein shall be provided at the tinhe of development of that portion of the Property adjacent to or including the improvement or other proffered requirenhent, unless otherwise specified herein. The tern "Applicant" as referenced herein shall include within its meaning all future owners and successors in Interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" dated April 12, 2021 (the "GDP"), attached hereto and incorporated as part of this Proffer Statement, and shall include the following: Page I of 6 • 9 O/ ick, Commonf Refidenlial Pitiger Slalemew LAND USE: 1.1 Residential development shall be provided as a mixture of single family and multi -family units. Development of the Property shall not exceed a total of 170 dwelling units. i 111,11 i-family units shall not exceed 48 total units. The locations of the dwelling units on the Property shall be located as generally depicted on the GDP. 1.2 Except to the extent otherwise prohibited by the Virginia lair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "agc-restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. � 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside perinanendy therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and adnliilistraton of the said covenant. 2. CONDITIONS PRECEDENT TO "l'HI? ISSUANCE OF PI,RNII'1'S AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. CREATION OF I-I01VIEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "I-IOA") that shall be responsible for the ownership, lllallltcnance aIld repair of all colnnlon areas, 'including all}' coIlservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 3.2 In addition to such other duties and responsibilities as nlay be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) con -in -ion buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maiItenance of any street, periirieter, or road buffer areas, all of which buffer areas shall be located within casements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument, (v) responsibility for payment for maintenance of streetlights, and (vi) maintenance of private streets. Page 2 of 6 • 9 Ohre,' Commons Residerlial Prq#er Slalemenl 4. WATER & SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer inftastructure shall be constructed in accordance with the requirements of Frederick Water. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT: 5.1 The Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Property. Disturbance of the stream channel shall be prohibited. (See 1 on GDP) 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. 6.2 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to Issuance of a certificate of occupancy for the first single falluly dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) 6.3 The Applicant shall construct an interconnected transportation network to connect the Property with the adjoining commercial property, identified as Frederick County tax map parcels 55-A-201 F and 55-A-201 G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (Sec 3 on GDP) 6.4 Concurrent with the extension of Farmington Boulevard provided by Proffer 6.2, the Applicant shall construct a sidewalk connection from Farmington Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 on GDP). Pagc 3 of 6 0 • Ori7ik Conjilions Residenl/al Pro#er S lalemenl 7. DESIGN STANDARDS 7.1 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; 1-lardishingle and/or 1-Iarditrim, or material of comparable quality; Azek Trimboards or material of comparable quality; Fypon brackets and/or cornice details; stucco; glass. Any multi- family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.2 Any multi -family residential structures located on the Property shall incorporate bays and columned porches to more effectively relate to surrounding properties. 8. PARKS AND RECREATION 8.1 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an occupancy permit for cacti dwelling unit. 9. SOLID WASTE AND RECYCLING CONl"A1NF�RS 9.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 10. DIRE AND RESCUE 10.1 The Applicant shall contribute to the Board the sum of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 11. GENERAL GOVERNI\4ENT 11.1 The Applicant shall contribute to the Board the sutra of $37.00 per dwelling unit for general government purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 12. PUBLIC SAFETY 12.1 The Applicant shall contribute to the Board the sum of a76.00 per dwelling unit for public safety purposes, payable upon the issuance of an occupancy permit for each dwelling unit. Page 4 of 6 • E O177ek: Commons Re.nden al Pro(%r Statemew 13. LIBRARY 13.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 14. FUTURE ROAD IMPROV13N E,'NT'S 14.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of an occupancy permit for each dwelling unit. SIGNATURES APPEAR ON THE, FOLLOWING PAGES Page 5 of'6 • 017iCk Connor r Resrden/ral I'inUer Slalenfenl Respectfully submitted, Dare Holliday Construction, Inc. By: Tide: STATE O1; VIRGINIA, A'I LARGE FREDERICK COUNTY, To -wit: The foregoing instrum nt was acknowl d reel before nic this 1{ day 0. , 2021, by J— 6-0112 t3' l� ,t C- 1\Iy comnal sion expires 7 Z Notary Public Nancy Tilson Sinback NOTARY PUBLIC Commonwealth of Virginia Reg. #7292148 My Commission Expires 12/31/2022 Page 6 of 6 0 9 i �O 21- /� ' '�\ 8RIARK000 ,`-i I / `• ,.�` -� • °/ r i i /� SVBO7N90N �A�% J I✓ ♦ �, ham° s7«PLEGHA.SE ✓: •�li `, J '', ' -` / ST/90/NS%OY �' � ♦ jam. ) `��� �L,qR `.�` ' i I 'i li :� � /� fa 101.1 ti \ _/1 �'% �-r' : ♦ � OfpU9 `�`� I ' ` �� i `'ram / �-� DOSANc CROCK CC,VVOYs : � - / h00 ` � P ♦ ,, Jh�' • \\ ' I •\ .. COVu-SRLrAL ARfe I •`� ./ • `•.__�, .sF ♦ ro rNYcr.Atw / /. - ' /�",•. - i' / 7. SUBD7tT57Ov r� Al OWNER: DAVE HOLLIDAY CONSTRUCTION, INC. 100 0 100 200 Orrick Commons Residential TAX MAP PARCEL: 55-A-201B SCALE: 1' = 100' ACREAGE: 33.61 Acres CONTOUR INTERVAL-7 Date: April 12, , 2021 Revised: • • 0MCk (AWAFVnr 14.t,kn;l.r! Pnif/rr.lXrlrmrn! PROPOSED PROFFER STATEMENT REZONING: RZ. #: to RP (Residential Performance) 33.61 acres +/- (;rmml) 22.06 srrrw+f- PROPERLY: 3 :(r-448J G1 acres +/-; Tax Map Parcel 55-A-201Li (the "Property") RECORD OWNER: .D�VF�_-i�IDAY CONSTRUCTION, INC. APPLICANT: DAVE HOLLIDAl' CONSTRUCTION, INC. PROJECT' Orrick Commons Residential ORIGINAL. D.\TI•: OF PROFI;IiR.ti: Wt et iibt r 6, _(9J"\Li) i. 2021 REXISION DXIT'(S): H, 2WO %lareh 22,2006. 2(916 The undersigned hereby proffers that the use and development of the subject property ("Property', as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP wid 4t21--conditional rezoning is not granted as applied for by the applicant ("Applicant', these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the 'Board'? decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successor in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" dated . \1261 12. 2021 rtyistd Mity 12, 2006 (the "GDP"), .ut'ichcd hoer) and inc,)Q)oratyyi as Part of this I'r,,tte•r _Stater nt and shall include the Page 1 of e6 Commented IN]: This Proffer Amendment deals only , i ih the RI' rated ( Residential) portion of Onick Commons • • f)m,kC&wm err r:,�' 1'rof�rr.Slrlenrrel following: LAND USF.: 4,21.1 Residential development shall be provided as a mixture of single family and multi -family units Development ut the Pruperty shall not exceed :t n-tal of 1-0 11 iluclhng units. �«+ttw% (� )dt. Multi-ftmil)uniu shall nut c,\cc(:d 48 total unit. The fixations of the .iingiv kt"ily ti"its ant! i"talti ffllviil� tiflit.0-:1119 unit, un the Pnol)erj} shall be located as generally depicted on the GDP. "1.2 Except to the extent otherwise prohibited by the Virginia Fair I lousing law, the Federal Fair Ilousing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "agc-restricted" and shall be restricted to "housing for older Persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any I Lomeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and admit»stration of the said covenant. 1-�—time f tkYe4irtr, - fit- M1t- licitrif--t4t*R cr[lr a�- 2. CONDITIONS PRFCFDFNT TO Ti iI•: ISSUANCE OF PERMiTS AM ) IT APPROVAL S: Zt The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. 3. CRFATION OF iiONIFOWNFRS' ASSO CIATU )N: Page 2 of 46 Commented [P21: Proffer removed as it is specific tothe adjoining commercial property. Commented [P31: Proffer added to t i) limit development to a maximum of 170 dwelling units instead of 201 units currently permitted, and 00 limit total number of multi- family units to 48. Areas for each housing type are more fully described by the proffered GDP. Commented [P4]: Proffer removed as it is specific to the adjoining commercial property. Commented [PS]: Proffer removed as it is specific to the I adjoining commercial property. • • Om.-k ( ammom i&:Lk, i P )Jler.SLUrmml Ell 5. G. 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "I IOA'� that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the Countv or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such I I )A herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an 110A shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas fixated outside of residential lots; (ii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the IIO)A if platted within residential or other lots, or otherwise granted to the HUA by appropriate instrument, mod (v) responsibility for payment for maintenance of streetlights, and i'vil maintenance of rnnate strLetss. WATER & SI?\XTR Commented IP61: Clarifies HOA's maintenance responsibilities for private streets within the development 4.1 The Applicant shall be responsible for connecting the property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of tot —Frederick Atitht itt Watrr. The cost of all water and sewer improvements will be Commented [P7I: Proffer updated to reflect Frederick home by the Applicant. %%ater as current entity name for water and sewer_ Ia\'IRON.\11•'.N'l': 5.21 ri med] he Applicant shall pre.crvc the cxisting intermittent stream channel IitCatcd tin the Southca t nortitan of the I'rr�per Disturbance of the ,tre tin channel shall be prohibited. Sec 1 on GDht lRANSPO)R'1'.\TI )N: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," Page 3 of yt, Commented [P81: Proffer retnoved au cornpliance with current stonnwater management regulations will require B!dP for the site Commented IP91: The tree save area proffer was specific to the adjoining commercial area The stream preservation area is a newly proposed proffer based on existing site conditions and the layout proposed by the latest GDP Om,-k Casae nj v ri p I'r�w prepared by Patton Ilarris Rust & Associates, dated October 11, 2005 (the '-TIA'�. The Applicant shall privately fund all transportation improvements required of this project. 6-2- on +r*tscwr N.+rc4.— e e I .mom :FPit l2mes 6t nst2illed W th++rrx+st+rtg*fgilt r+4 _ weYec Commented [P10]: Proffer removed as it is specific to the adjoining commercial property. 6.32 ]'he extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupa%.y for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (.See 2 on GDP) . - s rightfurtt!«)r the west +rrtrnrl (�ret!n% «xl�t++tcl-. , t"t- Ism-slmll be of 14vwle.is mlly,titr A114ivitrit-Shall Commented [P11 ]: Proffer removed as it is spxific to the adµnnmg commercial -property. -------- Commented [P12]: Proffer removed as it is specific to the t adjowng commercial property. 6.61 '17te Applicant shall construct an interconnected transportation network to connect the 142 . Property with the ILli'nning cumrncrcial properrl, ielentitit:d is Ircderick Gmnt� tax map parcels 53-A ?ull• and » .1 _'tll(i. for both vehicular and pedestrian traffic. Said e�+mtrrtrel �iclr vxllr rstrrttwithan the et tvitiftrei2d and reside I rw wttt 11 "t the, Pr.Opvrtr- ,k connection 4 th, rein "w shall be made in the location depicted on the GDP. (lice 4-3 on GDP) Commented [P13]: Proffer re -worded to reflect that the proposed interparcel connection proffer is specific to the 6.74 1r»>t +rt tt+. y c-rwc-rtw subject Property and not the ad)oming commercial area. As proposed, the tnterparcel connection will align with the existing access easement on record in the commercial area, consistent with the existing proffers. 1+a144nr,-( ,)ncurrcnt with the cxtc•miun „t Farminimm BO Ulcvard pnrvidcd - -- bc 1'rn,ftir 6' the Applicant :hill aautnict a sidewalk connection front Page 4 of 46 • OM.k (.onrnroas I:: c : ,. Il ial�nrrn! I tnntnk;t.it fiuulccutl to the cv<ring �ijt%%.dk .dol �_i_im I..t1i,4, ,cr ]fir] rtttrc rtt ,t a �vcwr+c4 r+t 4tvrvraw-k4" 11t:.111tti A,tfkttt- 1944 t};ty. lar+rfcw—f»rticr +r l +4W Vrrx+fti:t ere e:•IN !tff.fft (4 ewvv.Ood 144 st! . 11.finfrm-rft+rfw [�H»ri DESIGN STANDARDS fac-fdt If 4tit t+tf t; Siff. t tt Afrfc�xftc4 4tf (;rt t Ftvaf+.+d E[tr fr+iif +ff+Pit. fif}tit �4x��;lwftxf, fnreH f+r f++ftt r fiertff►frrff . myth--fgorlr+tfe 1f Page 5 of w, Commented [P14]: The Senseny and Greenwood transportation improvements have been removed as they are specific to the commercial property. The addition of a sidewalk connection from Farmington Blvd to Ladyslipper [hive is an addition associated with this proposed proffer amendment Commented [P1 S]: Proffa removed as it is specific to the adjoining wmmneraal property. Commented [P16]: Proffer removed as it is specific tohe adjoining conuncroal property. J Commented [P17]: Proffer removed as it is speafic to the adjoining commercial property. Commented (PIS]: Proffer removed as it is specific to the adjoining commercial property. _ Commented (P191: Proffer removed as it is specific to the adjoining commercial properly. • • Om:k (,awnes r v :ia, !nLLI � 731 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following; materials: brick; stone, or simulated stone, wood; 1 lardi:hinoc and/or I larditrim, or material of comparable quality; Azek Trimboards t,r material of ttmtgraraltic q uali Fyp on brackets and/or cornice details; stucco; Klass. Any multi- family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.42 Any multi -family residential structures located on the Property shall incorporate , bays; and columned porches to more effectively relate to surrounding properties, x� rrtrm4lr<{c�ictrc4 �+rt 4hr PARKS AND Rl:(:RI?A'I'ION utilwing tin . timthAt 6)th fhr "M The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an bdild Pig-occun"permit for each dwelling unit, t►wx,trtttrtt—f»+Ir t if-1 �.1 2i-4erf -high using ftill eut itrn+trr irles� Page 6 of w, Commented (P201: The development concept for the project 15 years ago planned for a single L.shaped apartment building with 87 dwelling units As the proposed proffer amendment now provides for fewer multi -family units and the intent is not to provide for a single. L-shaped building, the "non -symmetrical massing" language has been removed. As the referenced Exhibits were specific to a product for a previous applicant, the reference to those Exhibits has been removed. Commented IP211: The open space has been shifted from the west side of the site to a larger bay of open space on the east side of the site (3.5 acres vs 6.0 acres) to incorporate the existing ephemeral stream located on the Property. After careful consideration. we do not believe dedicating open space within an age restricted community for a public park is something that will be desired for the development and have removed that potential option. J Commented (P221: Proffer removed as it is mspecific to the adjoining wm tneroal property. Commented IP231: All monetary proffers revised to retimi tngge of occupancy permit for monetary proffers, consistent with the Code of Virginia. Commented IP241: Proffer removed as the Zoning Ordinance requires full cut-off fixtures and prohibits flaxlinghnng E • rm.k, nmmon� Prn#er.l'Idlemen/ W-21 111). S( )LID WASTE AND REiCYCLING CONTAINERS ?+.-1').1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosure. 4-2-11o. FIRF AND R[iSCLIF. i3 510.1 The applicant shall contribute to the Board the sum of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an 11midi i nccut_T.tnrt hermit for each dwelling unit. 1311. GI?NI'.RALGO\'I:RNMI?N7' 4411.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of an bt4t4" ►rteeu nev permit for each dwelling unit. 4-412. PUBLIC SAFE n' 12.1 The applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of an 1wi1thtt> o ccupanev permit for each dwelling unit. 4-11 3. LIBRARY 13.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of an km Ith ip-Swcuparic permit for each dwelling unit. W4. FUTURE. ROAD IMPRO\'I:\II:N"IS 11.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of all lit ttltlirtg-(xcupancy_permit for each dwelling unit. Page 7 of &* Commented [P251: Proffer removed as it is specific to the adpnninp uunmcrrlal property. Commented [P261: Proffer removed as it is cmrmtly a requtretnern of thezoning Ordinance. Commented [P271: All monetary proffers revised to retictit trigger of occupancy permit for monetary proffers, consistent with requirements of the Code of Virginia. Commented [P28]: All monetary proffers revised to rcilat trigger of occupancy permit for monetary proffers, consistent with requirements of the Code of Virginia. J Commatrtad [P291: All monetary proffers revised to reflect trigger of occupancy permit for monetary proffers, consistent with requirements of the Code of Virginia. Commented (P301: All monetary proffers revised to reflect nigger of occupancy permit for monetary proffers, consistent with rerpurLments of the Code of Virginia. Commt3rrNd IP311: All monetary proffers revised to reflect trigger of occupancy permit for monetary proffers, consistent wtd) requirements of the Code of Virginia • C� O, k (.oarnac iI ., r nn„ �'rv(/rr.tildlrnrn! 4-74- - 4"t-gNsret I t +"»ireIts lh l bt tole mified dttrt*tg4hV - 14-4---1 it-AI,14+rsrtt shall 6' ..+f the trttrr>if- p wi.,tt, e 4 11ri ore rt!w SI(;N.VI"I'RI•:S .\1'I'1?AR ON TI II'. I-01.1 OWIN(; I'AGI?S Page 8 of w, Commented [P321: Proffer removed as the GDP shows all mIcTarcel connection proposed as pan of the development. Commented [P331: Proffer removed as it is specific to the adjoining commercial property. Commented [ P 341: Proffer removed as it is specific to the adjoining c.nnmrreral properly. J 0 0nir.L' CWAn101f7 ItntJrrlt.11 Pn)//trSlaluurul Respectfully submitted, (4ttick-t=r+iirtrr�—l�itijpym l)a%•c I lolli(lac Consiructiun, Inc. 0 Title: SI'A1'I: OF VIRGINIA, AT I,ARGH FRFIDFRICK COUNTY,'I'o-wit. 'I'hc foregoing instrument was acluunvlcdged before me this day of , 2006202 1, b), My commission expires Notary Public Page 9 of 96 0/77,-k Pioller Sialemeni - - - - - - - Atl-a I I lott I I e-Developtj let I i4-'o I pot -al iot I I iY Title: 'IR 11i1-4311 1,444u-N-1A F"-wi 1� -it I )i I e,� Page 10 of 96 NOTES 1. THE AERIAL TOPOGRAPHIC 1.1APPING WAS PROVIDED BY PENNONI AND ASSOCWTES AND IS DATED JUNE 14. 2005 AND HAS BEEN ENHANCED AT EXISTING END OF ROAD INTERSECTIONS %VITH A CURRENT FIELD RUN SURVEY COMPLETED DURINGAUGUST AND SEPTEMBER. 2020. 2. ANY UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR 1.1AKES NO GUARANTEES THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTIUTIES IN THE AREA EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION [NOICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE- 3 HORIZONTAL ORIENTATION IS BASED ON VA NAD 83 NORTH ZONE STATE GRID, VERTICAL DATUM IS BASED ON NAVD BB ELEVATIONS ESTABLISHED USING GPS METHODS, LINE TABLE BEAR NG O S ANC L1 NStl'4G20"Wf047' 100 0 100 200 SCALE: 1" = 100' CONTOUR INTERVAL=7 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0:66 - FAX (540) 667-0469 - EMAIL olfm@ma ,handloggomm vuw.marhindloggo.00m 1 • LEGEND ABBREVIATION DEFINITION DRAINAGE MANHOLE FH FIRE HYDRANT CL4 GAS LINE MARKER 4B MAIL BOX ALP METAL LIGHT POLE m SANITARY MANHOLE TR TRANSFORMER TRB TELEPHONE RISER BOX TVRB TELEVISION RISER BOX 'Au WATER 61ETER wV WATER VALVE UIG WATER LINE — E UIG ELECTRIC LINE UIG GAS MAIN -- • — - -- - FENCE TOPOGRAPHIC SURVEY OF THE LAND OF ORRICK CEMETERY COMPANY, INC. DRA—C H0. ID11045 DAB DEED BOOK 337 PAGE 179 =30, 5. 20 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 91LL7 m 0 tpi 0 Unc Huk:dn Co1111-1 .Inc. August 6, 2021 Candice Perkins, AICP Deputy Director Department of Planning and Development Frederick County 107 North Kent Street Winchester, VA 22601 RE: Orrick Commons Residential — Proffer Amendment Dear Mrs. Perkins, Please find attached the following application materials for a proffer amendment for Orrick Commons Residential: 1. Completed Application 2. Application Fee in the amount of $13,361.00 3. Impact Statement 4. Clean, executed version of proposed proffer statement 5. Redlined version of the proposed, revised proffer statement identifying changes from the approved proffers for the project. The redlined proffer statement includes comments clarifying the purpose/intent of the proposed revisions. 6. Revised Generalized Development Plan 7. Agency comment forms from (i) Frederick County Public Works, (ii) VDOT, (iii) Frederick County Parks and Recreation, (iv) Frederick County Fire Marshal, (v) Frederick Water, (vi) County Attorney, (vii) Frederick County Public Schools, (viii) Frederick -Winchester Service Authority, (ix) Frederick County County Planning Responses to the referenced agency comments are as follows: Frederick County Department of Planning and Development 1. Senseny Eastern Frederick Urban Area Land Use Plan. The 2035 Comprehensive Plan and the Senseny Eastern Urban Land Use Plan provide guidance on the future development of the property. The Plan identifies this property with a residential land use designation; the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing/proposed zoning is generally consistent with the goals of the Plan. Response: Acknowledged. 2. Impact Statement. Provide an impact statement with this rezoning per §165-102.05. Response: Please see attached impact statement. 420 W. Jubal Early Drive, Suite 103 • Winchester, VA 22601 • Ph: 540-667-2120 • Fx: 540-667-5414 0 • Orrick Commons Residential August 6, 2021 Page 2 Proffer Revision 3. Proffer 6.3. Proffer 6.3 should include the Property Identification Number for the referenced commercial property or refer to the proffer statement that applies to the referenced property. Response: Proffer 6.3 has been revised to include the two tax map parcel numbers associated with the two commercial parcels immediately adjoining the subject property. 4. Capital Impact Model. The proposed proffer statement shows the monetary proffers that were approved with the original rezoning. The rezoning does not account for the updated impacts shown in the Frederick County Capital Impact Model — please see attached. Response: The original rezoning application, which included the adjoining commercial land bays provided for a minimum of 55,000 SF of commercial building area, resulting in the current monetary proffers for the project. This application seeks to reduce the total number of dwelling units proposed for the project, improving the net offset provided by this original proffer. In addition, the 55, 000 SF proffered with the original application did not include the McDonalds, which was constructed on the commercial area of the project in 2007, resulting in additional commercial offsets beyond those planned for by the original rezoning application. We do not believe adjustments to the monetary proffers are necessary. 5. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director — Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. Response: Per our discussion, I understand that there are no additional Transportation comments pending. 6. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Parks and Recreation, Frederick County Fire Marshal, Frederick Water, Frederick County Transportation, and the County Attorney. Response: Required agency comments are attached. 7. Fees. Based on the fees adopted by the Board of Supervisors, the rezoning fee for this application would be $13,361 based upon acreage of 33.61 acres. Response: Acknowledged. The required application fee is attached. Frederick County Public Works 1. A comprehensive review should occur after submission of subdivision plan. We offer no comments at this time. Response: Acknowledged. Orrick Commons Residential August 6, 2021 Page 3 Proffer Revision Virginia Department of Transportation 1. A VDOT review has been conducted for the Orrick Commons Residential Rezoning dated May 24, 2021. The documentation within the application to rezone this property appears to have little measurable impact on Route 656 (Greenwood Road) and Route 1080 (Farmington Boulevard). These are the VDOT roadways which have been considered as access to the referenced property. VDOT is satisfied the transportation proffers offered in the Orrick Commons Residential Rezoning application dated May 24, 2021 address transportation concerns associated with this request. Response: Acknowledged. Frederick County Parks and Recreation 1. Parks and Recreation recommends keeping the park concept, has no issue with moving the location. Proffer contribution should follow the current proffer impact model calculations. Response: The project will provide age -appropriate recreation amenities per Zoning Ordinance requirements, however the current landowner/developer would prefer to not dedicate open space within an age restricted development as a public park. Regarding monetary contributions, please refer to the above response to Planning Staff comment 4. Frederick Water 1. Revised proposal dated May 5, 2021. No comment. Response: Acknowledged. Frederick County Public Schools 1. As Orrick Commons will be retaining its age restricted status, FCPS offers no comments. Response: Acknowledged. Frederick County Fire and Rescue 1. Approved. Response: Acknowledged. i • Orrick Commons Residential August 6, 2021 Page 4 Proffer Revision Frederick -Winchester Service Authority 1. FWSA defers comments on sewer capacity and availability to Frederick Water. Response: Acknowledged. Frederick County Attorney 1. In the heading of the Proffer Statement, please delete the word "Proposed". In our experience, when that word is in the initial version, we find that it ends up remaining throughout the process and then causes confusion at the time of recording the Proffer Statement in the land records. Response: Proffer Statement revised to delete the word "Proposed". 2. Also relative to the heading, because we record Proffer Statements in the land records, to comport with the standards for recorded documents, please change the name of the record owner and applicant to appear as bold, underlined, and capitalized. Response: Proffer Statement revised to depict the record owner and applicant in bold, underlined, and capitalized. 3. Proffer Statement, Introduction, 2"d paragraph — In the reference to the GDP, please change the text to indicate that the GDP is attached to and incorporated as part of the Proffer Statement. Response: The 2Id paragraph of the Proffer Statement has been revised to identify that the GDP is attached and incorporated into the Proffer Statement. 4. Proffer Statement, Section 3.2 — Given the proposed inclusion of private streets in the development, it would appear appropriate to include maintenance of private streets among the indicated responsibilities. Response: Proffer Statement revised to identify that maintenance of private streets is an HOA responsibility. I look forward to presenting these materials to the Planning Commission and Board of Supervisors. If you have any questions or would like to discuss further, please feel free to contact me at (540) 336-3333. Sincerely, Patrick Sowers Director of Land Development • 0 Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of .Transportation with their review. Attach th-cc. copies of your application form, location map, proffer statement..imr)act analysis' d any other pertinent informatio-ann �s....i.._sevar-.r....5a.......-.�..a....,,li'rSiu...-ii-..a......�a1u.i.iv`t.�l.i.iiwn�....».u.:.w...s..�.�.uLL"a�......e.,..a+.l....W..•».a...-_a✓w.ir.�w.v.u..v.t..+�./...._.. w.�..ny _,..v w...1.a...._. �.a .... s.L..ru1......:.l.a....._.✓. Applicants Name: Dave Holliday Construction, Inc. Mailing Address: 420 W. Jubal Early Drive, Suite 103 Winchester, VA 22601 Telephone: 54 0-667-2120 Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd In Steeplechase. Current zoning: RP Zoning requested: RP Acreage: 33.61 Virginia Department of Transportation Comments: See attached email fi-om Lloyd Ingram w/ VDOT to Patrick Sowers dated June 29, 202t. VDOT Signature & Date: Iq2 V �. Notice to 40T - Please Return Form to Applicant 21 ` Grnai -' Patrick Sowers <patrickrsowers@gmail.com> Orrick Commons Residential - VDOT Comments to Rezoning Rhonda Funkhouser <Rhonda.Funkhouser@vdot.virginia.gov> Tue, Jun 29, 2021 at 8:53 AM To: Patrick Sowers <patrickrsowers@gmail.com> Cc: jbishop@fcva.us, "Riggleman, Bradley"<bradley. riggleman@vdot.virginia.gov>, Lloyd Ingram <Iloyd.ingram@vdot.virginia.gov> f �V.�.....L.,+ :� a� .x v i i I. •t! ,! .< ",t DEPARTMENT OF TRANSPORTATION 14031 Old Valley Pike Edinburg, VA 22824 Mr. Sowers, A VDOT review has been conducted for the Orrick Commons Residential Rezoning dated May 24, 2021. The documentation within the application to rezone this property appears to have little measurable impact on Route 656 (Greenwood Road) and Route 1080 (Farmington Boulevard). These are the VDOT roadways which have been considered as access to the referenced property. VDOT is satisfied the transportation proffers offered in the Orrick Commons Residential Rezoning application dated May 24, 2021 address transportation concerns associated with this request. If you have any questions or need further information, please do not hesitate to contact me. Regards, Lloyd Ingram Land Development Engineer `<VEIT j Edinburg Residency Office I Land Use 14031 Old Valley Pike I Edinburg, VA 22824 Phone #540.534.3214 1 Fax #540.984.5607 Email: Lloyd.ingram@vdot.virginia.gov • Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering R E C E I V E 107 North Kent Street Suite 200 V1AY 4 ? 02.1 Winchester, Virginia Frederick Guunty Nubhc Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works - with their review. Attach a copy of.your application' form, .location map, proffer i statement, impact analysis, and any other pertinent inlforxitatioiu. 1 Applicant's Narne: Dave Holliday Construction, Inc. Mailing Address: 420 W. Jubal Early Drive, Suite 103 Telephone: 540-667_2120 and East of the terminus of Farmington Blvd In Steeplechase. Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Current zoning: RP Zoning requested: RP _ Acreage: 33.61 �— Department of Public Works Comments: Public Works Signature &Date: G� --�i 6 Z-Zj Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 • ! RECEIVED z 6 .321 Rezoning Comments Frederick County Fire Marshal Mail to: Band deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Covet -stone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the inforrnation as accurately as possible in order to assist the Frederick County Fire- Marshal with his review.. Attach a copy of your application form, location map,, proffer I statement, impact analysis, and. any other pet-tinent information. Applicants Name: Dave Holliday Construction, Inc. Mailing Address: 420 W. Jubal Early Drive, Suite 103 Telephone: 540-667-2120 Winchester, VA 22601 Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Current zoning: RP Zoning requested: RP Acreage: 33.61 Fire Marshal's Comments: Fire Marshal's Signature & Date: _ �% -t� �____.—___.._ Notice to Fire Marshal - Please Return This Form to the Applicant 23 Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 Phone:540-665-6350 Fax:540-678-4739 fmo@fcva.us Plan Review Rezoning Business Name Orrick Commons Orrick Commons Senseny Rd/Greenwood Rd Winchester, Virginia 22602 Contractor: Dave Holliday Construction Received Date: 05/25/2021 Review Begin Date: 05/28/2021 Review End Date: 05/28/2021 Hours: 1.0000 Occupancy Type: Property Use: Activity Number: Review Cause: f Project Name Residential Subdivision A 41� Adam Hounshell Lieutenant/Assistant Fire Marshal Status: Approved Printed Date: 05/28/2021 1051035 New Construction Page 1 of 1 0 • Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2"d Floor 107 North Kent Street Winchester, Virginia jApplicant: Please fill out the information as accurately as possible in order to assist the Department of 1 Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis,•and any other pertinent information. Applicants Name: Dave Holliday Construction, Inc. Mailing Address: 420 W. Jubal Early Drive, Suite 103 Telephone: 540.667-2120 Winchester, VA 22601 Locatioil of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Current zoning: RP Zoning requested: RP Acreage: 33.61 Department of Parks & Recreation Continents: WAQ II WLC rn C 1 S Sy� t U t � �/jV 1 to �'7 ` /f�''� "Q � (� CG� 11 9 I m , Phi V--�2-r �rN I rl -CD116)kV `ttL 6Llyy)eld- �yu�v rlMjr-j kk - Nl�d� C�_ll/ 1�la-411S Pks. & Rec. Signature & Date: Notice to Department of Park4 Recreation - Please Return This Form to the Applicant 24 • Rezoning Comments Frederick Water Mail to: Hand deliver to: Frederick Water Frederick Water Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540)868-1061 Applicant: Please till out the information as accurately as possible in order to assist the agency with their review, Attach a copy, of your application form, location map,.pii'offel- statement, i>Inpact:analysis,' find any other per tment,in foi!matioii Applicant's Naille: Dave Holliday Construction, Inc. ,1'elep11o11C: 540-667-2120 Mailing Address: 420 W. Jubal Early Drive, Suite 103 Winchester, VA 22601 Location 01' property: Generally NE quadrant of Senseny Road and Greenwood Road, Current Z_olltllg: RP West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Zoning requested: RP Acreage: 33.61 Frederick Water Comments: ,��'v���i�� PR`�°Q5/d G U/a7ZA �%/f-i' S, 70`� j . G�/a c�rts•�t-.JY: Frederick Water Signature & Date: Notice to Frederick Water - Please Return This Form to the Applicant 26 r� Rezoning Comments Frederick -Winchester Service Authority Mail to: Hand deliver to: Fred-Winc Service Authority Frcd-Wine Service Authority Attn: Executive Director Attn: Executive Director P.O. Box 43 9 W. Piccadilly Strcet Winchester, Virginia 22604 Winchester, Virginia (540) 722-3579 Applicant: Please fill out the Information as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Natlle: Dave Holliday Construction, Inc. Mailing Address: 420 W. Jubal Early Drive, Suite 103 Telephone: 540-667-2120 Winchester, VA 22601 Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Current zoning: RP Zoning requested: RP Aci-eage: 33.61 Fred-Winc Service Authority's Comments: Sa 5 , Fred-Winc Service Authority's Signature & Date: —7 z A I "I Notice to Fred-Winc Service Authority - Please Return Form to Applicant 34 -:f G m a i I Orrick Commons Patrick Sowers <patrickrsowers@gmail.com> Wayne Lee <Leew@fcpskl2.net> Tue, Jun 8, 2021 at 10:51 AM To: Patrick Sowers <patrickrsowers@gmail.com> Cc: David Sovine <Sovined@fcpskl 2. net>, Al Orndorff <orndorfa@fcpskl 2. net>, John Grubbs <Grubbsj@fcpskl 2. net>, Calvin Davis <davisc@fcpskl 2. net>, Tyler Klein <tklein@fcva.us> Patrick, Good morning. As Orrick Commons will be retaining its age restricted status, FCPS offers no comments. Thanks. Wayne Kenneth Wayne Lee, Jr., ALEP, LEED AP Coordinator of Planning and Development Frederick County Public Schools 1415 Amherst Street Winchester, VA 22601 leew@fcpsk12.net (office) 540-662-3889 x88249 (cell) 540-333-2941 CONFIDENTIALITY NOTICE. This email message and any attachments are for the sole use of the intended recipient and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited and may be a violation of law. If you are not the intended recipient or a person responsible for delivering this message to an intended recipient, please contact the sender by reply email and destroy all copies of the original message. All communications may also be subject to Virginia's Freedom of Information Act COUNTY of F DERICK Roderick B. 'Williams County Attorney 540/722-8383 Fax 540/667-0370 is -mail: rwil Iia0co.frederick.va.us .Tune 29, 2021 VIA E-MAIL — Patrick.R.Sowers(a)Lmail.com — AND REGULAR MAIL Mr. Patrick Sowers Dave Holliday Construction, Inc. 420 West ,Iubal Early Drive, Suite 103 Winchester, Virginia 22601 Re: Rezoning Application — OiYick Commons, Parcel Number 55-A-201B (33.61± acres) (the "Property") — Proffer Statement dated May 5, 2021 Dear Patrick: You have submitted to Frederick County for review the proposed proffer statement (the "Proffer Statement") for the above -referenced proposed rezoning of the Property, in the Redbud Magisterial District, from the RP (Residential Performance) District, with proffers, to the RP (Residential Perfonnance) District, with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: 1. In the heading of the Proffer Statement, please delete the word "Proposed". In our experience, when that word is in the initial version, we find that it ends up remaining throughout the process and then causes confusion at the time of recording the Proffer Statement in the land records. 2. Also relative to the heading, because we record Proffer Statements in the land records, to comport with the standards for recorded documents, please change the name of the record owner and applicant to appear as bold, underlined, and capitalized. 3. Proffer Statement, Introduction, 2" d paragraph — In the reference to the GDP, please change the text to indicate that the GDP is attached to and incorporated as part of the Proffer Statement. 4. Proffer Statement, Section 3.2 _. Given the proposed inclusion of private streets in the development, it would appear appropriate to include maintenance of private streets among the indicated responsibilities of the HOA. 107 North Kent Strect - Winchester, Virginia 22601 Mr. Patrick Sowers June 29, 2021 Page 2 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that review will be done by staff and the Planning Commission. Sincer ly yours, Roderick'B. Williams County Attorney cc: Candice E. Perkins, Department of Planning and Development (via e-mail) COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 June 15, 2021 Mr. Patrick Sowers Dave Holliday Construction Inc. 420 W. Juba] Early Drive, Suite 103 Winchester, Virginia 22601 RE: Proposed Rezoning for Orrick Commons Residential Property Identification Numbers (PIN): 55-A-20113 Dear Patrick, I have had the opportunity to review the draft rezoning application for Orrick Commons. This application seeks to rezone 33.61 acres from the RP (Residential Performance) District with proffers to the RP District with revised proffers. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Senseny Eastern Frederick Urban Area Land Use Plan. The 2035 Comprehensive Plan and the Senseny Eastern Urban Area Land Use Plan provide guidance on the future development of the property. The Plan identifies this property with a residential land use designation; the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing/proposed zoning is generally consistent with the goals of the Plan. 2. Impact Statement. Provide an impact statement with this rezoning per §165-102.05. 3. Proffer 6.3. Proffer 6.3 should include the Property Identification Number for the referenced commercial property or refer to the proffer statement that applies to the referenced property. 4. Capital Impact Model. The proposed proffer statement shows the monetary proffers that were approved with the original rezoning. The rezoning does not account for the updated impacts shown in the Frederick County Capital Impact Model — please see the attached. Preliminary Rezoning Comments Orrick Commons Residential June 15, 2021 Page 2 5. Monetary Contributions for Certain Categories. Under the current state proffer legislation, the County cannot accept monetary proffers for two categories shown in the proffer statement (General Government and Library). These two categories need to be removed from the proffer. 6. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 7. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Parks and Recreation, Frederick County Fire Marshal, Frederick Water, Frederick County Transportation, and the County Attorney. 8. Fees. Based on the fees adopted by the Board of Supervisors, the rezoning fee for this application would be $13,361 based upon acreage of 33.61 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd U 9 CASH PROFFER ELIGIBLE SUMMARY PAGE Capital Impacts Model Frederick County, Virginia General Service Area School or School Region Elementary Region Middle School Region High School Fire & Rescue Service Area Urban Evendale Admiral Byrd Millbrook Millwood 1-1SCAL I ECONOMIC I PLANNING SUMMARY OF PROJECT OUTPUTS IIot IwAL Test Project CAPITAL COST IMPACTS FOR DEVELOPMENT PROPOSAL. 11V111, 1691*014:1101�IAv.11�1V`�i� Housing Units 170 - 170 Projected Population 284 - 284 Projected Students Elementary School Students 0 - 0 Middle School School Students 0 - 0 High School Students 0 - 0 Projected Total Students 0 - 0 Nonresidential Sq. Ft. - 0 0 Projected Jobs - 0 0 Frederick County Capital Impacts Model Developed by TischlerBise © 2019 Frederick County Capital Impacts Model Run on 3/23/2021 CASH PROFFER ELIGIBLE SUMMARY PAGE Capital Impacts Model I] c, Frederick County, Virginia FISCAL I ECONOMIC PLANNING CASH PROFFER ELEGIBILE INFRASTRUCTURE CATEGORIES, RESIDENTIAL (U) WJiW 170 $0 $0 170 $52,362 $308 DI! I I I x(� ii t4W111 170 $302,320 $1,778 170 354,682 2,08 170 $0 $0 170 $302,320 $1,778 170 $0 $0 Frederick County Capital Impacts Model Developed by TischlerBlse @ 2019 Frederick County Capital Impacts Model Run on 3/23/2021 0 PROJECT SUMMARY PAGE Capital Impacts Model 9J9 s c� �e r1_3I ye, Frederick County, Virginia I cu AL I ECON01•11C i hLANMNG SUMMARY OF PROJECT INPUTS ��t•jL i hFl��i� Test Project General Service Area jurban School or School Region Elementary Region Evendale Middle School Region Admiral Byrd High School Millbrook Fire & Rescue Service Area IMIllwood —� Library Region jUrban 71 Park Region jUrban�j 10Miil4aiWiti, .'ialfiilIldlelli•i j Single Family -Detached 0 Single Family -Attached 0 Multifamily 0 Age -Restricted Single Family 170 Additional Housing Unit 0 TOTAL DWELLING UNITS 170 /�1iii�1!I;i�t�Sil�t9;x=(-it�laitil:U�x(l!r:T�Jlx�xl?a:tal�nd�x�91 Retail 0 Office and Other Services 0 Industrial 0 Institutional 0 TOTAL NONRESIDENTIAL SQUARE FOOTAGE 0 Frederick County Copitol Impacts Model Developed by Tischler0ise 571019 Frederick County Capital Impacts Model Run on 3/23/2021 Orrick.xlsm Printed on 3/23/2021 Page 3 of 4 0 FISCAL I ECONOMIC I PLANNING SUMMARY OF PROJECT OUTPUTS fA(JjCRic'FIiD�» Test Project rAPITAI rr1CT IMPArTf Fr1R nrvFI nPMFNT PRnpngAI Housing Units Projected Population Projected Students Projected Elementary School Students Projected Middle School School Students Projected High School Students Projected Total Students Nonresidential Sq. Ft. Projected Jobs INFRASTRUCTURE CATEGORY � �,l'[ilist�aYl'IoJlil�(�i1�.�1%I?11r1 iltlh'il.►lt;7�i�,lAx'rid(a1Pl �r1�I!t i�ial!?r �ItYltl►11�jci�/•� 1Fial!`f�?l�iy I� l;)��LX�AhYG•II ��t'(Pai+l�(�ff��iTi�G�'f� idp�d•C!. 170 170 284 284 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 I �Iq!(tjVa6i!Y!III�iI:hYrii RESIDENTIAL NONRESIDENTIAL TOTAL (�aVIYCsJkn'/f�;1C��1=1'il.'ae) RESIDENTIAL NONRESIDENTIAL $110,925 $0 $110,925 $52,362 $0 $25,730 $0 $25,730 $0 $0 $302,320 $0 $302,320 $302,320 $0 $7,985 $0 $7,985 $0 $0 $39,679 $0 $39,679 $0 $0 $86,438 $0 $86,438 $86,438 $0 $23,096 $0 $23,096 $23,096 $0 $27,797 $0 $27,797 $27,797 $0 $623,970 $0 $623:970 $492,013 $0 ra • $446,960 $0 $446,960� ' Cosh proffer categories limited to public safety facilities, school facilities, and parks & rec facilities $354,682 11110k(r4-1:iwV11461,YAC)I (thl:Y;,C1167fklr5(0-1i140 Resldentlal, Nonresidential, Residential, Nonresldentla), Average Cost Per Unit per unit per 1,000 sq. ft. per unli per 1,000 sq. ft. rlr"dlt%�aGI{(1,r(.l�lk•Iltr�19 $3,670 $0 $2,894 $0 ProfferCash $2,629 $0' $2,086.._..... -$0 Frederick County Capital Impacts Model Developed by Tischler0ise ® 2019 Frederick County Capital impacts Model Run on 3/23/2021 Orrick.zlsm Printed on 3/23/2021 Page 4 of 4 I • ORRICK COMMONS RESIDENTIAL Proffer Amendment — Impact Statement — 8/6/21 Background and Summary of Proposed Revisions On June 24, 2006, the Frederick County Board of Supervisors (the "BOS") approved Rezoning Application 04-06 for Orrick Commons (the "2006 Rezoning"). The Orrick Commons property is located in the NE quadrant of the intersection of Senseny Road and Greenwood Road and the 2006 Rezoning provided for 22.06 Acres of commercial and 33.61 acres of age -restricted residential. The residential portions of the project, identified by Frederick County as tax map parcel 55-A-201B (the "Property"), provides for the final connection of Farmington Boulevard between the existing Lynnehaven and Steeplechase Subdivisions. This proposed proffer amendment applies only to the 33.61 acre residential area of the project, as identified on the location map attached as Exhibit A, and proposes the following primary changes to the existing approval: A. Housing Types The 2006 Rezoning permits a mixture of single family (attached and detached) as well as multifamily housing types. The 2006 Rezoning does not limit the maximum number of dwelling units permitted on the Property, so the maximum permitted currently by the RP zoning district regulations would be 201 dwelling units. The proposed proffer amendment would limit the maximum number of residential units to 170. In addition, the proposed proffer amendment provides additional detail on housing types, limiting multi -family housing on the project to a maximum of 48 units. The proposed proffer amendment maintains the age -restricted requirement for all dwelling units. B. Project Layout The proposed proffer amendment includes a revised Generalized Development Plan (GDP) providing additional detail for the layout of the project. As shown on the GDP, the multi -family area of the project remains consistent with the 2006 Rezoning. Housing types for the perimeter of the site are now limited to single family detached dwellings, providing for a better transition with the existing, adjoining subdivisions. Age -restricted townhomes would then be located internal to the site. A proffered interparcel connection between the residential area and the adjoining commercial area is also maintained. A side -by -side comparison of the existing and proposed GDP is provided as Exhibit B. C. Community Park/Open Space Area As shown on the existing GDP for the 2006 Rezoning, the development planned previously included a 3.5 acre open space/community park area along the eastern limits of the site. This A SM u =NOW.!@ ec Projec Site lk,W7 4, , AE �k*4 lot, f, GDP — Existing: GDP — Proposed: J. GLNLRAL " I �-C�QVIALNI 4W D-J.p-,., Pl- ---------- Exhibit 8 — Existing and Proposed GDP 0 9 area included an existing, shallow farm pond. A wetland delineation of the site identified an existing ephemeral stream channel on the western portions of the Property. The proposed development plan, as shown on the proposed GDP, would locate a larger open space area on the western portions of the Property with the proposed proffer statement prohibiting disturbance of the stream channel. The proffer statement associated with the 2006 Rezoning provided the option, if agreed to by both Frederick County and the owner of the Property, for the open space/community park area to be dedicated to the County. With the project being age restricted, the current owner of the Property would not desire to dedicate land within the project to the County for a public park. Accordingly, that proffer has been removed. Age -appropriate recreation amenities would be provided within the project consistent with current Zoning Ordinance requirements. With the configuration provided by the proposed GDP, the new development plan utilizes land more efficiently, allowing for additional open space with protection of the existing ephemeral stream channel and, ultimately, less impervious area and its associated impacts to stormwater management. D. Multi-familv Residential The area planned for multi -family residential units mirrors that from the 2006 Rezoning Application, with those units located as a transition between the commercial and single family areas. In 2006, the intended development plan included a single, large building for the multi- family units. The master development plan previously approved for the project provided for up to 87 multi -family units. The 2006 Rezoning included a building materials palette for multi -family units as well as elevations to depict additional requirements, such as "non -symmetrical massing". The 87-unit building planned for as part of the 2006 rezoning included an "L" shape to its layout, thus the proffer for "non -symmetrical massing". As the proposed development plan reduces the total number of age -restricted multi -family units to 48, the proposed proffer statement removes the elevation exhibits and proffered "non -symmetrical massing", but maintains the design materials palette for the units as well as other proffered requirements associated with the 2006 Rezoning, including the requirement for bays and columned porches. Adjoining Properties Adjoining properties include single family detached dwellings within the Steeplechase, Briarwood Estates, and Lynnhaven subdivisions as well as single family detached dwellings fronting Senseny Road and the Orrick Commons commercial development to the west. By locating family detached and open space areas along the common boundaries with the adjoining subdivisions, the project provides for a transition from the existing adjoining subdivisions. The age -restricted multifamily housing is located immediately adjoining the existing Orrick Commons commercial land bay serving as a transition from the commercial uses to the single family detached and attached product proposed within the Property. Impacts to Community facilities The proposed proffer amendment results in a net decrease of units from those permitted by the 2006 Rezoning, so impacts to community facilities associated with this application will be unaffected or less than those approved as part of the 2006 Rezoning. The existing monetary proffers for community facilities as well as transportation improvements remain unchanged from the 2006 Rezoning. A. Public Schools The application proposes no changes to the age restricted designation for all dwelling units within the project, resulting in no impacts to public school facilities. B. Trash Servi The project will utilize private refuse collection services administered by the HOA, which will result in limited impacts to the Greenwood convenience center. C. Sewer and Water Facilities The project will serve to connect the existing water mains within the Steeplechase, Briarwood Estates, and Lynnhaven subdivisions. This will provide for additional loops/redundancy within the system. For 170 dwelling units, using an average of 200 gallons per day, the expected water and sewer demands for the subdivision are 34,000 gallons per day. Sewer will be provided by connection to the existing main within the Lynnhaven subdivision, immediately adjoining the project area, which will convey sewage flows to the Opequon Wastewater Reclamation Facility. 0. Traffic The project provides for the construction of Farmington Boulevard, which will finalize the connection of this planned minor collector road from Channing Drive to Greenwood Road. In addition, the proffer statement includes a monetary contribution of $2,854.00 per dwelling unit for transportation improvements within the vicinity of the site. E. Emergency Services Emergency services for the site will be provided by Greenwood Fire and Rescue. The construction of Farmington Boulevard through the site will provide for additional connectivity for emergency response vehicles serving the area. F. Stormwater The site generally flows from West to East. Stormwater design for the site will fall under the latest regulations, providing for both quantity and quality controls. • 200012060 0. U1 o THIS DEED, nlia e this day of _ rU-641 6e 2020, by and between Orrick Cemetery Company, Inc, a Virginia corporation, GRANTOR; and Dave Holliday Construction, Inc., a Virginia corporation, GRANTEE; <1 N .r. a o U o WITNESSETH: THAT, for and in consideration of the sum of TEN DOLLARS �„ • ($10.00) and other good and valuable consideration, receipt of which is hereby, cknowledged, A H the GRANTOR does hereby grant, bargain, sell and convey, in fee simple and with Special w o Warranty and English Covenants of Title, unto the GRANTEE, all that certain lot or parcel of n a o 0 2 land together with the improvements thereon and all appurtenances thcreunto belonging, more oMo•0 o o particularly described as follows: a ij v All that certain tract or parcel of land,'situatc, lying.and being in Red Bud Magisterial �a o o - n z > District, Frederick County, Virginia containing 33.6096 acres, more or less, designated pol as "Remainder" on that certain "Final Plat Lots 2 thru 8, Orrick Commons", dated c a 0 H ¢� � March 26, 2007, revised through May 29, 2007, attached to and recorded with the Deed 0 o c of Subdivision and Declaration of Easements dated May 12, 2008, recorded May 22, . Co w N 2008 in the Office of the Clerk of the Circuit Court of Frederick County,. Virginia as > Instrument Number 080006286. AND BEING a portion of the same property conveyed to the Grantor herein by Deed dated November 22, 1967 and recorded in Deed Book.337, Page 179, in the aforesaid Clerk's Office. This conveyance is made subject to covenants, conditions, restrictions, easements and rights of way of record. DR1 L L PC. A-rrORNDYS Ch,�aTm,nwV The GRANTOR covenants that said GRANTOR has the right to convey the aforesaid 1.Luti�refnrr�iW wa'o-.�r'vn that the GRANTOR has done no act to encumber said property; and that the n1�,wn property; P P Y� GRANTOR will execute such further assurances as may be requisite. 1. • WITNESS the following signature and seal: Orric Cemetery CEz rginia corpot tion Z - -_ Deborrah B. Walker, President STATE OF VIRGMA CITY OF WINCEMSTER 1, the undersigned, a Notary Public in and for.the jurisdiction aforesaid, do certify that Dcborrah B. Walkcr, *President of Orrick Cemetery Company, Inc, a Virginia corporation, whose name is signed to the foregoing document, acknowledged the same before me this day o1Q22020. Notary Public My Commission Expires:,�21-2-6' 1�20,2—[ Registration It: - / �/ 5 Return to: Briel PC Attorneys 440 W. Jubal Early Dr., Suite 200 Winchcstcr, VA 22601 NVR20-02-1114 ERIEL M ATTORNEYS Ch.YsT—TR WV rr� nln�;tw Wudu,'rr,VA A� VA Susnn Frances Wickham I Commonweallh of Virginia inia Notary Public Commission No. 7576443 My Cammisslon Fxpres 212812U I VIRGINIA: FREDERICK COUNTY.SCT. This Instrument of writing was produced to me on _gg-A0aad ate and with certificate acknowledgement th reto annexed was admitted to record. Tax Imposed by Sec. 58.1-802 of $q`13,0 , and 58.1.801 have been paid, If assessable Clerk a cfl co Fi " _ h..� _ i 5 a i �'c....i l 1, f i.: f. i, (.. I t o "1 1 i 1 l= P. i 1 Pay/Lookup 'Faxes Payn!ent Home Personal Propel Ly RE=:;i1 I_state Dog fags 11,1y 4';1!-1.,ing ViolaPion Otll(-,r Payments hoppingC art(0) Pi(I Options C.hafige Frn,)il Inquiry of Real Estate Map 55 A View DAVE HOLLIDAY Number: 201 B Map Name: CONSTRUCTION INC 6�COGi i f: r'+CL�7� D12c DMe A�Ct.iJII'd 1itFoi')1).),titsit /"§i11041fit ` +.000ti iitlr IC £.•1%i (Click i; View Back of 8045496 RE2015 29457 1 6/5/2015 2015 REAL ESTATE $0.00 Bill View Back of 8045496 RE2015 29457 2 12/7/2015 2015 REAL ESTATE $0.00 Bill View Back of 8045496 RE2016 29107 1 6/6/2016 2016 REAL ESTATE $0.00 Bill View Back of 8045496 RE2016 29107 2 12/5/2016 2016 REAL ESTATE $0.00 Bill View Back of 8045496 RE2017 29346 1 6/5/2017 2017 REAL ESTATE $0.00 Bill View Back of 8045496 RE2017 29346 2 12/5/2017 2017 REAL ESTATE $0.00 Bill View Back of 8045496 RE2018 29361 1 6/5/2018 2018 REAL ESTATE $0.00 Bill '. O Show Current Charges Due O Show All Charges Total Due: $0.00 EReturn to iearch] 0 COUNTY of FREDERICK Dcpartment of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September S, 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNI?R(S) RE: REZONING APPLICATION #04-21 FOR ORRICK COMMONS On behalf of the Prederick County Board of' Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 22, 2021, at 7:00 pin in the I3oard 1toonl of the Frederick County Administration Building at 107 North I(cnt St'ect, Winchester, Virginia to consider the following application: Rezoning #04-21 for Orrick Conunons submitted by David Holliday Construction, Inc. to rezone 33.61+/- acres from the RP (Residential Performance) District to the RP (Residential Performance) District with revised proffers. The property is located \vest of' the terminus of' Farmington Boulevard (Route 1406) \within the Lynnhaven Subdivision and cast of the terminus of Farmington BOUiCVai'(1 Wlthlll Steeplechase Subdivision in the Red Bud Magisterial District and is identified by Property Identification Number 55-A-201 B. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the ineChng. Coinn1Cnts on the above may be submitted to the commission via: Electronic commenting on the County Website at \VWW.fcva.us/BOSMectines (Click on eComment for the September 1, 2021, meeting). Email to County staff al kyaccllio(a)fcya.LIS Or i11111.1)llillil)S (ILfCyil.tis Mail to Planning Department -September 22 Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop ofTyour comments. General inquiries concerning the above itenl(s) may be addressed to the Dcpartment of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Priday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject filcs(s), including the full text of any ordinance of Of any other itenl(s) to be adopted are available at the Office of Planning and Development or at: \v\v\v.fcva.us/PCMeetinss. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 s ertify that This is42�c the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County,ginia: 55K - 1. 1. 12- 551 - 1. 9- 204. FUNKHOUSER JACK A JR SHULL BRUCE C 121 SESAR CT IRVAN ALICE M WINCHESTER VA 22602.6791 215 LADYSLIPPER OR 55K - 1. 1. 24A- WINCHESTER VA 22602.7692 LYNNHAVEN LC 55K - 1. 2. 25- 21 S KENT ST STE 1 CAMPBELL DARLENE E WINCHESTER VA 22601.5079 401 FARMINGTON BLVD 65 - A- - 23- WINCHESTER VA 22602.6841 MAJANO-TORRESS LEONEL D MAJANO ANA E 55K - 1. 1. 24 2105 SENSENY RD ORR GENE WINCHESTER VA 22602.8901 ORR LAURIE L 65 - A- - 22- 400 FARMINGTON BLVD DAMKO GEORGE T 2097SENSENY RD WINCHESTER VA 22602-6790 55K - 1. 1. 14- WINCHESTER VA 22602.8918 ROBBEN JOHN M ROBBEN DAWN R 65 - A- - 21- 118 SESAR CT RHODES ROCKY J WINCHESTER VA 22602-6791 RHODES PHYLLIS S 2085SENSENY RD 55K -1- 1. 13- GOLDEN RANDALL E WINCHESTER VA 22602.8918 GOLDEN LISA M 120 SESAR CT WINCHESTER VA 22602.6791 Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK J a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Plpqing and Development, whose name is signed to the foregoing, dated Z ' , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of zzo -),I My commission expires on1 tA NOTARY PUB WARY DR PUBLIC REGISTRATION # 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER•31, 2021 55 • A• • 203- LLOYD CHARLES D 2045SENSENY RD WINCHESTER VA 22602.8918 55 - A- - 202- LLOYD CHARLES D LLOYD PENNY L 2045SENSENY RD WINCHESTER VA 77Fn9-R91R 65A - 1- - 8- GREEN RONALD R 2037 SENSENY RD WINCHESTER VA 22602.8918 65A - 1- - 7- AGREGAARD HENRY JOSEPH III 2031 SENSENY RD WINCHESTER VA 22602.8918 65A - 1- - 6- BAKER SKIP BAKER VICKIE A 520 BURNT FACTORY RD STEPHENSON VA 22656-2204 65A - 1- - 5- BALDWIN KEITH MARSHALL PO BOX 101956 ARLINGTON VA 22210.4955 65A - 1- - 4- GOODWIN BRYAN MARKS EMALEA BERNICE 49 BENSON CT FRONT ROYAL VA 22630-3258 65A - 1- - 3- KEES GENOA T 2009SENSENY RD WINCHESTER VA 22602.8918 65A - 1- - 2- CAMPBELL SCOTT M 10500 ROCKVILLE PIKE UNIT M10 ROCKVILLE MD 20852.3331 65A - 1- - 1- SINKOSKI MARY LOUISE 1997 SENSENY RD WINCHESTER VA 22602.8914 55 - A- - 201-F ORRICK CEMETARY COMPANY CIO CURTIS L SLAUGHTER PO BOX 637 STEPHENS CITY VA 22655.0637 55 201-G ORR*EMETARY COMPANY CIO CURTIS L SLAUGHTER PO BOX 637 STEPHENS CITY VA 22655.0637 55J - 2. 1. 24- MILLER AMY DANIELLE 121 ARDEYTH LN WINCHESTER VA 22602.5605 55J - 2- 1. 23- VAN SICKLER ALISON M 119 ARDEYTH LN WINCHESTER VA 22602.5605 55J - 2. 1. 22- SOSEBEE THOMAS A SOSEBEE HEATHER J 117 ARDEYTH LN WINCHESTER VA 22602.5605 55J - 2. 1. 21- WHALEY RICHARD WHALEY MARINETTE 115 ARDEYTH LN 22602 5605 WINCHESTER VA 55J - 2. 1. 20- HUCK MICHAEL P HUCK AMY E 113 ARDEYTH LN WINCHESTER VA 22602.5605 55J - 2. 1. 19- KENYON MICHAEL P KENYON JENNIFER M 111 ARDEYTH LN WINCHESTER VA 22602.5605 55J - 2. 1- 18- PAREDES IZAGUIRRE ERLIN JANETH 109 ARDEYTH LN WINCHESTER VA 22602.5605 55J - 2. 1. 17- SHELOR JOHN R SHELOR ROBYN A 107 ARDEYTH LN WINCHESTER VA 22602.56n5 55J - 2. 1. 16- HIETT COREY D HIETT BRITNEY L 105 ARDEYTH LN WINCHESTER VA 22602.5605 55J - 2. 1. 15- MARRALE DENA M 103 ARDEYTH LN WINCHESTER VA 22602.5605 C� n LJ This i to certify that the attached correspondence was mailed to the following on c( �)I from the Department of Planning and Development, Frederick Count , V rginia: 55J - 1. 9. 204-A BRIARWOOD ESTATES HOMEOWNERS ASSOC 55J - 2. 1. 14- SHERRILL DENNIS L INC SHERRILL STEPHANIE M PO BOX 2070 101 ARDEYTH LN PURCELLVILLE VA 20134.2070 WINCHESTER VA 22602.5605 551 • 1. 9. 194- O'DONNELL DARRIN T 55J • 2. 1. 13- O'DONNELL DEBORAH CLAYCOMB MARK W 120 TEABERRY DR CLAYCOMB EMILYN D 231 FARMINGTON BLVD WINCHESTER VA 22602.7684 WINCHESTER VA 22602.7648 55J • 1. 9. 195• 55J • 2. 1. 69•A PAINE ZACHARY LEE STEEPLECHASE HOME OWNERS ASSOC PAINE BONNIE M PO BOX 4364 122 TEABERRY DR WINCHESTER VA 22602.7684 WINCHESTER VA 22604.4364 55J - 1. 9. 196- 55J - 1. 6. 118. OTOYA ALBERTO C CROSBIE CHAD 124 TEABERRY DR CROSBIE MARGARET EMILY 210 TREFOIL CT WINCHESTER VA 22602.7684 WINCHESTER VA 22602.7680 55J - 1. 6. 119- ESCOLERO OBANDO JIMMI J 212 TREFOIL CT WINCHESTER VA 22602.7680 Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, I )In / o � � C-�— \ , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Planni g and Development, whose name is signed to the foregoing, dated ci , has personally appeared before me and acknowledged the same in my State/and County aforesaid. Given under my ]land this l� day of �� e �1 e- ✓1t �j C ^ �� �> °1 My commission expires on NOT P..0I �� X i;vL C, A ()ESTER fibiAiky PUBLIC y+EGI#'TRATION It364474 j.i�PJWGALTH OF VIRGINIA v..jp t;UMMISSION EXPIRES hEeEMBER•31, 2021.• •_ _„ 55J - 1. 9. 197- SPATES STACY SPATES ADAM 126TEABERRY DR WINCHESTER VA 22602-7684 551 - 1. 9. 198- WHITBECK MARY S 4504 SENSENY RD BERRYVILLE VA 22611-3332 55J - 1. 9. 199- HILLYARD EDWARD E III HILLYARD JENNIFER L 130TEABERRY DR WINCHESTER VA 22602.7684 55 -A- - 201-B DAVE HOLLIDAY CONSTRUCTION INC 420 W JUBAL EARLY DR STE 102 WINCHESTER VA 22601-6435 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 1-,',ix: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 18, 2021 TO: TFIE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1104-21 FOR ORRICK COMMONS On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 1, 2021, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 04-21 for Orrick Commons submitted by David I-Iolliday Construction, Inc. to rezone 33.61+/- acres from the RP (Residential Performance) District to the RP (Residential Performance) District with revised proffers. The property is located west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within Steeplechase Subdivision in the Red Bud Magisterial District and is identified by Property Identification Number 55-A-201 B. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at www.lcva.us/I'CNlcetings.(Click on eComment for the September 1, 2021, meeting). Email to County staff at kvacchio([>fcva.LIS or sconncrr(r)lc\'a,us Mail to Planning Department -September 1 Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. hi person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.fcva.us/PCMeetings. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director 107 North Kent Street. Suite 202 o Winchester, Virginia 22601-5000 LJ This is to certify 8- 1'�6- J_ I County, Virginia: 55J - 1- 9. 204- SHULL BRUCE C IRVAN ALICE M 215 LADYSLIPPER DR WINCHESTER VA that the attached correspondence was mailed to the following on from the Department of•Planning and Development, Frederick 55K - 1. 2. 25. CAMPBELL DARLENE E 401 FARMINGTON BLVD W(NCHESTERVA 55K - 1. 1. 24. ORR GENE ORR LAURIE L 400 FARMINGTON BLVD WINCHESTER VA 55K - 1. 1. 14- ROBBEN JOHN M ROBBEN DAWN R 118 SESAR CT WINCHESTER VA 55K - 1. 1. 13- GOLDEN RANDALL E GOLDEN LISA M 120 SESAR CT WINCHESTER VA 55K - 1. 1. 12- FUNKHOUSER JACK A JR 121 SESAR CT WINCHESTER VA 22602.6791 55K - 1. 1. 24A- 22602-7692 LYNNHAVEN LC 21 S KENT ST STE 1 WINCHESTER VA 22601.5079 65 - A- - 23- 22602.6841 MAJANO-TORRESS LEONEL D MAJANO ANA E 2105SENSENY RD WINCHESTER VA 22602.8901 65 - A- - 22- DAMKO GEORGE T 779n').aeon 2097 SENSENY RD WINCHESTER VA 22602.8918 65 -A- - 21- RHODES ROCKY J 22602.6791 RHODES PHYLLIS S 2085SENSENY RD WINCHESTER VA 22602.8918 22602-6791 Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Planning and Development, whose name is signed to the foregoing, dated C6 -1 8 - a I , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of,���( My commission expires on G��.�p, u�� Q•� �_� NOTAI=REGISTRATION EETILR UBLIC U 354474 OF VIRGINI,; N EXPIRES 31 55 - A• • 203- LLOYD CHARLES D 2045 SENSENY RD WINCHESTER VA 22602.8918 55 - A- - 202- LLOYD CHARLES D LLOYD PENNY L 2045 SENSENY RD WINCHESTER VA 22602.8918 65A - I. - 8. GREEN RONALD R 2037 SENSENY RD WINCHESTER VA 22602-8918 65A - I. • 7. AGREGAARD HENRY JOSEPH III 2031 SENSENY RD WINCHESTER VA 22602.8918 65A - 1- - 6• ----- --- BAKER SKIP BAKER VICKIE A 520 BURNT FACTORY RD STEPHENSON VA 22656.2204 65A - 1- - 5. BALDWIN KEITH MARSHALL PO BOX 101956 ARLINGTON VA 22210-4956 65A . 1- - 4. GOODWIN BRYAN MARKS EMALEA BERNICE 49 BENSON CT FRONT ROYAL VA 22630-3258 65A - 1- - 3. KEES GENOA T 2009SENSENY RD WINCHESTER VA 22602.8918 65A • 1- - 2. CAMPBELL SCOTT M 10500 ROCKVILLE PIKE UNIT M10 ROCKVILLE MD 20852.3331 65A • 1- - I. SINKOSKI MARY LOUISE 1997 SENSENY RD WINCHESTER VA 22602.8914 55 -A- - 201 •F ORRICK CEMETARY COMPANY C/O CURTIS L SLAUGHTER PO BOX 637 STEPHENS CITY VA 2213Ffi.nG37 55 -A- - 201-G ORRICK CEMETARY COMPANY C/O CURTIS L SLAUGHTER PO BOX 637 STEPHENS CITY VA 22655-0637 2. 1. 24- IVI E ER EER AMY DANIELLE 121 ARDEYTH LN .- WINCHESTER VA 22602.5605 55J - 2. 1. 23- VAN SICKLER ALISON M 119 ARDEYTH LN WINCHESTER VA 22602-5605 55J - 2. 1. 22- SOSEBEE THOMAS A SOSEBEE HEATHER J 117 ARDEYTH LN WINCHESTER VA 22602.5605 55J - 2. 1- 21- WHALEY RICHARD WHALEY MARINETTE 115 ARDEYTH LN WINCHESTER VA 22602.5605 55J - 2. 1. 20- HUCK MICHAEL P HUCK AMY E 113 ARDEYTH LN WINCHESTER VA 22602.5605 55J - 2- 1. 19- KENYON MICHAEL P KENYON JENNIFER M 111 ARDEYTH LN WINCHESTER VA 22602-5605 55J - 2. 1. 18- PAREDES IZAGUIRRE ERLIN JANETH 109 ARDEYTH LN WINCHESTER VA 22602.5605 55J - 2. 1. 17- SHELOR JOHN R SHELOR ROBYN A 107 ARDEYTH LN WINCHESTER VA 22602.5605 55J - 2. 1. 16- HIETT COREY D HIETT BRITNEY L 105 ARDEYTH LN WINCHESTER VA 22602-5605 55J - 2. 1. 15- MARRALE DENA M 103 ARDEYTH LN WINCHESTER VA 22602.5605 55J - 2. 1- 14- SHERRILL DENNIS L SHERRILL STEPHANIE M 101 ARDEYTH LN WINCHESTER VA 22602-5605 9 0 This is to certify that the attached correspondence was mailed to the following on �s- l P, .,::� / from the Department of Planning and Development, Frederick County, Virginia: 5rJ t 0. for 55J - 2. 1- 13. CLAYCOMB MARK W CLAYCOMB EMILYN D 231 FARMINGTON BLVD WINCHESTER VA 22602.7648 55J - 2. 1. 69-A STEEPLECHASE HOME OWNERS ASSOC PO BOX 4364 WINCHESTER VA 22604.4364 551 - 1. 6. 118- CROSBIE CHAD CROSBIE MARGARET EMILY 210 TREFOIL CT WINCHFSTFR VA ?9rn,).7rQn 55J - 1. 6. 119- ESCOLERO OBANDO JIMMI J 212 TREFOIL CT WINCHESTER VA 22602.7680 55J - 1. 9. 204-A BRIARWOOD ESTATES HOMEOWNERS ASSOC INC PO BOX 2070 PURCELLVILLE VA 20134_2070 55J - 1. 9. 194- O'DONNELL DARRIN T O'DONNELL DEBORAH 120 TEABERRY DR WINCHESTER VA 22602.7684 STATE OF VIRGINIA COUNTY OF FREDERICK PAINE ZACHARY LEE PAINE BONNIE M 122TEABERRY OR WINCHESTER VA 22602.7684 55J - 1. 9. 196. OTOYA ALBERTO C 124 TEABERRY OR WINCHESTER VA 22602.7684 551 - 1. 9. 197- SPATESSTACY SPATES ADAM 126 TEABERRY DR WINCHESTER VA 22602.7684 551 - 1. 9. 198- WHITBECK MARY S 4504 SENSENY RD BERRYVILLE VA 22611.3332 551 - 1. 9. 199- HILLYARD EDWARD E III HILLYARD JENNIFER L 130TEABERRY DR WINCHESTER VA 22602.7684 mice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 9 - � "?) - ( , has personally appeared before me and acluiowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY7REGISTRATION AMALA DEETER NOTARY PUBLIC 11354470, ONWEALTH OF VIII(ill ' OMMISSION EY,PW ECEMBER"t 1�1�z�.�►��� l�4 ;L I Q'r (', LV� 0AYn10(ls p-T�(v 55-A a0113 v v L C- SA pur 10: LAN(a-VAIA VXOC ESSINCa FROM: PAM-P INO DEFT. Plea.3e- Pr%rLt __ 15 sett of labeler by a. 55J-1-9-204 Bruce Hull 215 Ladysl, wr- v --------�---T►u�tk'Yow! Winchester, VA 22602 Alice Irvin 5 2>2-25 Darlene Campbell 401 Farmington Blvd Winchester, VA 22602 S 24 V Gene Orr 400 Farmington Blvd Laurie Orr Winchester, VA 22602 5K-1-1-14 John Robben 118 Sesar Ct Dawn Robben Winchester, VA 22602 5K-1-1-13 . / Randall Golden 120 Sesar Ct Lisa Golden Winchester, VA 22602 5K-1-1-12 Jack Funkhouser, Jr 121 Sesar Ct Winchester, VA 22602 55K-1-1-24Av Lynnehaven, LC 21 S Kent Street, Suite 1 Winchester, VA 22601 65-A-23 Leonel Majano-Torress 2105 Senseny Rd Ana Majano Winchester, VA 22602 65-A-22 George Damko 2097 Senseny Rd Winchester, VA 22602 Rocky Rhodes 2085 Senseny Rd hylliss Rhodes Winchester, VA 22602 5-A-203 Charles Lloyd 2045 Senseny Rd Winchester, VA 22602 55-A-202 ✓ Charles Lloyd 2045 Senseny Rd Penny Lloyd Winchester, VA 22602 65A-1-8 Ronald Green 2037 Senseny Rd Winchester, VA 22602 65A-1-7 ti Henry Agragaard, III 2031 Senseny Rd Winchester, VA 22602 65A-1-6 Skp Baker 520 Burnt Factory Road Vickie Baker Stephenson, VA 22656 5A-1-5 Marshall Baldwin P.O. Box 101956 Arlington, VA 22210 65A-1-4 Bryan Goodwin 49 Benson Ct Bernice Marks Front Royal, VA 22630 5A-1-3 Genoa Kees 2009 Senseny Rd Winchester, VA 22602 5A-1-2 Scott Campbell 10500 Rockville Pike, Unit M10 Rockville, MD 20852 65A-1-1 Lousie Sinkoski 1997 Senseny Rd Winchester, VA 22602 ' 55-A-201F Orrick Cemetary Company P.O. Box 637 Jo Curtis Slaughter Stephens City, VA 22655 55-A-201G Orrick Cemetary Company 1P.O. Box 637 c/o Curtis Slaughter IStephens City, VA 22655 N t . . . r 'I 0A oe • ;. v Orrick Commons Residential - AdioininQ Properties Tax Map Owner Address 55J-2-1-24 Amy Miller 124 Ardeyth Ln Winchester, VA 22602 55J-2-1-23 Alison Van Sickler 119 Ardeyth Ln Winchester, VA 22602 55J-2-1-22 Thomas Sosebee 117 Ardeyth Ln Heather Sosebee Winchester, VA 22602 55J-2-1-21 Richard Whaley 115 Ardeyth Ln Marinette Whaley Winchester, VA 22602 5J-2-1-20 Michael Huck 113 Ardeyth Ln r Amy Huck Winchester, VA 22602 5J;2-1-19 Michael Kenyon 111 Ardeyth Ln Jennifer Kenyon Winchester, VA 22602 5J-2-1-18 Erlin Parades Izaguirre 109 Ardeyth Ln Winchester, VA 22602 55J-2-1-17 John Shelor 107 Ardeyth Ln Robyn Shelor Winchester, VA 22602 55J-2-1-16 Corey Hiett 105 Ardeyth Ln Britney Hiett Winchester, VA 22602 55J-2-1-15 Dena Marrale 103 Ardeyth Ln Winchester, VA 22602 55J-2-1-14 Dennis Sherrill 101 Ardeyth Ln Stephanie Sherrill Winchester, VA 22602 5J-2-1-13 / Mark Claycomb 231 Farmington Blvd Emilyn Claycomb Winchester, VA 22602 55J-2-1-69A Steeplechase Homeowners P.O. Box 4364 Association, Inc. Winchester, VA 22604 1-6-118 Chad Crosbie 1 210 Trefoil Ct Emily Crosbie Winchester, VA 22602 5J-1-6-119 ,/ Jimmi Escolero Obando 212 Trefoil Ct Winchester, VA 22602 55J-1-9-204A triarwood Estates P.O. Box 2070 Homeowners Association Purcellville, VA 20134 55J-1-9-194 Darrin O'Donnell 120 Teaberry Dr eborah O'Donnell Winchester, VA 22602 liSI-1-9-195 Zachary Paine 122 Teaberry Dr Bonnie Paine Winchester, VA 22602 5-1-9-196 Alberto Otoya 124 Teaberry Dr Winchester, VA 22602 5J-1-9-197 tacy Spates 126 Teaberry Dr dam Spates Winchester, VA 22602 �5J-1-9-198 Mary Whitbeck 4504 Senseny Road Berryville, VA 22611 5J-1-9-199 Hillyard, III 130 Teaberry Dr IdIward ennifer Hillyard lWinchester, VA 22602 „''.' 0 � jjl. , COUNTY of FREDERICK Department ol' Planning and Development 540/ 665-5651 Tax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 18, 2021 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1104-21 FOR ORRiCK COMMONS On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 1, 2021, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application:�� Rezoning #04-21 for Orrick Commons submitted by avid Holli 9onstruction, Inc. to rezone 33.61+/- acres from the RP (Residential Performance Di 'ct to ie RP (Residential Performance) \�J� District with revised proffers. The property is locat •d est f ermines of Farmington Boulevard within the Lynnhaven Su division and east of. ternun s of Farmington Boulevard within Steeplechase Subdivision Red Bud Magisterial Di U ict and is identified by Property 1 Identification Number 55-A-201 B.n Citizens wishing to make public cd►011rient on a public hearing item are strongly enco iraged to do so in writing rather than in person at the meeting. Comments on the above may beibmitted to the commission via: rm Electronic conunenting on the County website atww_�\�_Ic\_a,us/I'C_Nlcctin_�s_(Click on eCoilLilent for the September 1, 2021, meeting). Email to County staff at 1:vacch1o(-u)fcva.us or sconner@fCva.US Mail to Planning Department -September I Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above items) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.fcva.uswww.fcva.us/PCMeetin�s. Sincerely, Candice E. Perkins, AICP, CZA 107 North Kent Street. Suite 202 o Winchester, Virginia 22601-5000 0 0 FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 08/16/21 REQUESTED COMPLETION DATE: 08/23/21 REQUESTING AGENT: Pam STAFF MEMBER: Candice TYPE OF MAP: Comp Plan Transportation Locator ✓ TDR Ag & Forest District CIP Other ✓ PIN: 55-A-201 B DESCRIPTION OF REQUEST: Rez#04-21 Orrick Commons from RP to RP with revised proffers Thank You! Submit FA • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUI3LIC HEARING September 8, 2021 TO: 1'IIL APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) 11E: RI ZONING APPLICATION 04-21 FOR ORRICK COMMONS On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 22, 2021, al 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 04-21 for Orricli Commons submitted by David Holliday Construction, Inc. to rezone 33.61+/- acres from the RP (Residential Performance) District to the RP (Iesidential Performance) District with revised proffers. 'file property is located west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and cast of the terminus of Farmington Boulevard within Steeplechase Subdivision in the Red Bud Magisterial District and is identified by Property Identification Number 55-A-201 B. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County wcbsitc at www.fcvams/BOSMeetings (Click on eConinient for the September 1, 2021, meeting). Email to County staff at kvacchio (I fcva.us or ann.phillips a)fcva.us Mail to Planning Department -September 22 Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hoes of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), Including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: ww\v.fcva.us/PCMcctiiigs. Sincerely, Candice L. Perkins, AICP, CZA Assistant Director 107 North Kent Strect, Suite 202 e Winclicster, Virginia 22601-5000 COUNTY of FREDERICK Department ol, Planning &, I)c%.clopll)cllt 107 North Kent Sll-CCL SLlilC 202 Winchester. Viruinia 22601 P,ECFJV-tD SEF 2 - 2021 FREDERICK COUNTY PLANNING AND DEVELOPMENT 55K - 1- 1- 24A- LYNNHAVEN LC 21 S KENT ST STE 1 WINCHESTER VA 22601-5079 Lq 2 D -2 71P 223011 COUNTY of FREMERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 18, 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) PE: REZONII�IG APPLICATION #04-21 FOR ORRICK COMMONS On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 1, 2021, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-21 for Orrick Commons submitted by David I-lolliday Construction, Inc. to rezone 33.61+/- acres fi-om the RP (Residential Performance) District to the RP (Residential Performance) District with revised proffers. The property is located west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within Steeplechase Subdivision in the Red Bud Magisterial District and is identified by Property Identification Number 55-A-201 B. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website atvw_��,.icva.us/I'(_MeetinL,,s_(Click on eComntent for the September 1, 2021, meeting). Email to County staff at kvacchio(ePicva_us or sconncrr(i>.Icva,us Mail to Planning Department -September 1 Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.fcva.us/PCMeetinPs. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director 107 North Kent Street, Suite 202 o Winchester, Virgiiiia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street. Suite 202 \Vinchester. Vireinia 22601 wm,= 55K - 1- 1. 24A- LYNNHAVEN LC 21 S KENT ST STE 1 SEP 3 2021 WINCHESTER VA 22601.5079 MIEDESICK=My _ PLANNING AND ®EVELOPMF-NT 1-' (-: - f R ~ _ S- R` F. ., r..% 11 ij'iill;. i I2,i ..its. Il 7ir cn- COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 RETURM, 65A - 1- - 3- KEES GENOA T 2009SENSENY RD WINCHESTER VA 22602-8918 ...... ii,ljjllltj�ttfjj„�l►atj► E • !9!!!f1!!Ia�Ifl!'a l�f!�la���"Iff`fla'l►f'fl�tt►t'1 LS—TZ-35L00-1'6TZ,K 66000ST09ZZ :D8 08VMNOzI D-L 318VNP -NMON)i -LON — v31dki-11v �i90N3S 01. N8ri3N Got E I.X 1N �`I`1fl .. .�ia.��v.ra • �i 61,11- ... 1 z° N :Dw 0 w > r Y� CC u�J 0 Us CiD ui Z LLZ a a 2 JTF BC 0e05�T09ZZ AYi./M1O aF-4 8 SEP PM 6 L 55J - 1. 9- 204-A BRIARW000 ESTATES HOMEOWNERS ASSOC INC PO BOX 2070 PURCELLVILLE VA 20134-2070 Hasler 09/08/2021 • FIRST-CLASS MAIL ZIP 22601 011D11646815 NIXIE 207 FE 1 0u09;i3I1i Ri_-'UPh' TO .5Ea4w1-R NOT DELIVERABLE AS ADDRESSED T d 5: it w A% A 7.D 2c'6tsi1S�l1k099 *093.7--03-266-8Z-4.3 aial:saasainaia.... a,ist'stataleArsa:araitao�iaa;ta:e 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF I)LIBLIC HEARING September S, 2021 TO: THE APPLICANT(S) AND/OIZ ADJOINING PIZOPE TY OWNI�IZ(S) RE: REZONING APPLICATION #04-21 FOIZ OIZRICK COMMONS On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 22, 2021, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-21 for Orrick Com►nons submitted by David Holliday Construction, Inc. to rezone 33.61+/- acres from the RP (Residential Performance) District to the RP (Residential Performance) District with revised proffers. The property is located west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and cast of the terminus of Farmington Boulevard within Steeplechase Subdivision in the Red Bud Magisterial District and is identified by Property Identification Number 55-A-201 B. Citizens wishing to make public continent on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at www.fcva.us/f30SMcctings (Click on eComment for the September 1, 2021, meeting). Email to County staff at kyacchlo(fCya.ils or anll.phllhps Q)Icya.11s Mail to Planning Department -September 22 Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Sheet, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are, available at the Office of Planning and Development or at: www.fcva.us/PCMcctint,,s. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 0 RECEIVED A U G 6 2021 FREDERICK COUNTY PANNING AND DEVELOPMENT Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. I_F THIS nOCU1 DOES NOT MEET YOUR APPROY.lL. PLEASE PROVIDE COMwMSAS TO WHAT YOU WOULD LIKE TO HAVE COM?LETED. Initials Date & Time Candies Gz_ j Mark Dave Tyler Mike John - cotes= Ree*ed by Clerical Staff (Date & Time); 61 G� P--)- I Rf: Sri �., .. � i i.�. ... _ .. � .. ,. ,.. COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Tax: 540/ 665-6395 NOTIFICATION OF PUBLIC IIEARING September S, 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPI_ RTY OWNER(S) RE: REZONING APPLICATION ##04-21 FOR ORRICIC COMMONS On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 22, 2021, at 7:00 pm in the I3oard Room of the Frederick County Administration Building at 107 North Kent Strut, Winchester, Virginia to consider the following application: Rezoning PO4-21 for Orrick Commons submittcd by David Holliday Construction, Inc. to rezone 33.61-1-/- acres from the RP (Residential Performance) District to the RP (Residential Performance) District with revised proffers. The property is located west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and cast of the terminus of Farmington Boulevard within Steeplechase Subdivision in the Red Bud Magisterial District and is identified by Property Identification Number 55-A-201 B. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submittcd to the commission via: Electronic commenting on the County website at www.fcva.us/I3OSMectings (Click on eComment for the September 1, 2021, meeting). Email to County staff at kvacchio@f[cva.us or ami.phillips a)fcva.us Mail to Planning Department -September 22 Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above Acm(s) may be addressed to the Department of Planning and Development between the hours of 5:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.fcva.us/PCMeetings. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director 107 North Kent Street, Suitc 202 e Winchester, Virginia 22601-5000 COUNTY of FREDERICK I)cpartment ol' Planning & I)o-clopnicnt 107 North Kcnt Strect, Suitc 202 -��icstcr. Vir_inia 22601 �A ek ajspick�lvao FRE0FRjC,j<,C0UNl-*f -fIMF 4TS 7 PLANNING �[) �-o =_ - E 65A - 1- - 4- GOODWIN BRYAN MARKS EMALEA BERNICE 49 BENSON CT FRONT ROYAL VA 22630.3258 Z 7' Z;,P 2 2 3C i