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HomeMy WebLinkAbout01-14, 06-12, 01-12 Snowden Bridge - BackfileLAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 February 25, 2011 Roderick B. Williams, Esquire County Attorney County of Frederick, Virginia 107 North Kent Street, 3`d Floor Winchester, VA 22601 THOMAS MOORE LAWSON • TLAWSON(a%LSPLC.COM Re: Snowden Bridge Our File No. 839.001 VIA E-MAIL AND U.S. MAIL Dear Rod: This is to confirm my previous communication and correspondence concerning the above -referenced project. As you know, the property was developed as a planned unit development with numerous land bays and provisions for development and build -out by either one or several developers. At present the property is owned by two developers and it is the intent of Brookfield Stephenson Village, L.L.C. to amend the Master Plan on property that it solely owns. Despite the fact that this amended Master Development Plan is of a tract that is lesser of size than a tract of land that is encompassed by a previously approved MDP, we have been advised by Frederick County that a submission to the County is required, which submission may be included in part of a package to be submitted by Planning Staff to the Board of Supervisors. We have been advised that this submission is to ensure that the Board of Supervisors has knowledge of this recent MDP amendment and also to put it on notice that consistent with the previously approved plan there may be more than one developer building out this large community. This is to confirm that there is an agreement and understanding between all parties, including, but not limited to, Frederick County and its departments and agencies that as this planned unit development proceeds with development submissions for County approvals that may be required for items, which include, but are not limited to, Master Development Plans, Site Plans, building permits, etc., that only the owner the property upon which the plan or permit is being sought shall be required to sign any submission or request for same with the County. What this means is that when/if a submission is filed there will be no need, requirement, or request from the County or any of its departments or agencies for signatures of any other property Roderick B. Williams, Esquire February 25, 2011 Page 2 owners within the development, whether they be adjoining property owners or not, if the plan or permit at issue does not involve such other property owners' property, unless the plan or permit at issue affects joint obligations under the applicable proffers, It is with this understanding that the property owners, as is evidenced by the representative signatures below, do submit this letter and they look forward to the approval of the pending MDP, as well as any other plan, permit, etc., which may be submitted for approval in the future, subject to compliance with any other applicable requirements. Thank you for your attention to these matters. Unless I hear from you to the contrary, I will assume that this is a complete recitation of the understandings and agreements between the property owners and Frederick County, Virginia. TML:atd BROOKFIELD STEPHENSON VILLAGE, L.L.C. Li Date By: Yam/ Its: M kS UIN WMAMK,�-- STEPHENSON ASSOCIATES, L.C. to j s: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Eric R. Lawrence, AICP, Planning Director jl✓` SUBJECT: Public Meeting: Snowden Bridge Master Development Plan Request to Enable MDP Modifications by Individual Developers DATE: April 4, 2011 Staff has received a request to consider enabling individual developer revisions to the Snowden Bridge Master Development Plan (the project previously known as Stephenson Village). The Snowden Bridge MDP is currently a single approved Master Development Plan encompassing the entire 794 acre development project. The project entails two developers, Stephenson Associates LC and Brookfield Stephenson Village LLC; Stephenson Associates LC owns portions of the project that have yet to experience construction activity, and Brookfield Stephenson Village LLC owns portions of the project that are currently under construction and have built and sold residences to individual homeowners. This request would enable either developer to process MDP revisions for their land holdings without securing approvals from the other developer. When Rezoning #06-03 for Stephenson Village was approved by the Board of Supervisors on September 24, 2003, a number of proffered conditions were also accepted. Some of these conditions would clearly be implemented as each new home was constructed, while other proffered conditions pertain to more global improvements such as the construction of the major collector road currently referred to as Snowden Bridge Boulevard, dedication of the park and school sites, and cash contributions to Clearbrook Volunteer Fire Company. Upon review of the proffered conditions and their associated implementation triggers (i.e., dates, vehicle trips generated, at the County's request, etc.), staff has determined that enabling separate Master Development Plans would not be detrimental to implementing the proffered conditions. The County could continue to enforce the proffered conditions by not issuing zoning, subdivision, and building/occupancy approvals until the applicable proffered conditions were satisfied. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Board of Supervisors RE: Snowden Bridge Master Development Plan Separate Revisions April 4, 2011 Page 2 The initial Master Development Plan for the project (at that time called Stephenson Village but since renamed Snowden Bridge) was approved in 2006 (MDP #07-05 for Stephenson Village). Several revisions to the initial MDP have been approved through administrative approvals. To date, the administrative revisions continue to reflect the intent of the initial MDP with only minor housing type and lot size changes, all permitted actions under the adopted proffers and applicable ordinances. Separating the MDPs will enable such administrative revisions to occur, while still requiring Planning Commission and Board of Supervisors review on more substantial revisions. After reviewing the applicable zoning and subdivision ordinances, as well as the proffered conditions, there do not appear to be any conflicts with enforcement of the ordinances and proffers if the Board wishes to permit the separate master development plan revisions. Adoption of the attached resolution would enable the two developers to process individual Master Development Plan revisions without the benefit of securing approvals from one another. As noted in the resolution, all ordinance requirements and proffered conditions will remain in full effect and shall be adequately addressed in order for the individual developments to proceed. Please contact staff should you have questions concerning this request and resolution. ERL/bad Attachment: Applicant's request for separate Master Development Plan revisions Map illustrating current developer land holdings Map illustrating development to date Map illustrating overall Snowden Bridge project boundaries Resolution LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 February 25, 2011 Roderick B. Williams, Esquire County Attorney County of Frederick, Virginia 107 North Kent Street, 3`d Floor Winchester, VA 22601 MAR 3 2011: L 3 r MAS MOORE LAWSON • TLAWSONna,LSPLC.GOM Re: Snowden Bridge Our File No. 839.001 VIA E-MAIL AND U.S. MAIL Dear Rod: This is to confirm my previous communication and correspondence concerning the above -referenced project. As you know, the property was developed as a planned unit development with numerous land bays and provisions for development and build -out by either one or several developers. At present the property is owned by two developers and it is the intent of Brookfield Stephenson Village, L.L.C. to amend the Master Plan on property that it solely owns. Despite the fact that this amended Master Development Plan is of a tract that is lesser of size than a tract of land that is encompassed by a previously approved MDP, we have been advised by Frederick County that a submission to the County is required, which submission may be included in part of a package to be submitted by Planning Staff to the Board of Supervisors. We have been advised that this submission is to ensure that the Board of Supervisors has knowledge of this recent MDP amendment and also to put it on notice that consistent with the previously approved plan there may be more than one developer building out this large community. This is to confirm that there is an agreement and understanding between all parties, including, but not limited to, Frederick County and its departments and agencies that as this planned unit development proceeds with development submissions for County approvals that may be required for items, which include, but are not limited to, Master Development Plans, Site Plans, building permits, etc., that only the owner the property upon which the plan or permit is being sought shall be required to sign any submission or request for same with the County. What this means is that when/if a submission is filed there will be no need, requirement, or request from the County or any of its departments or agencies for signatures of any other property Roderick B. Williams, Esquire February 25, 2011 Page 2 owners within the development, whether they be adjoining property owners or not, if the plan or permit at issue does not involve such other property owners' property, unless the plan or permit at issue affects joint obligations under the applicable proffers, It is with this understanding that the property owners, as is evidenced by the representative signatures below, do submit this letter and they look forward to the approval of the pending MDP, as well as any other plan, permit, etc., which may be submitted for approval in the future, subject to compliance with any other applicable requirements. Thank you for your attention to these matters. Unless I hear from you to the contrary, I will assume that this is a complete recitation of the understandings and agreements between the property owners and Frederick County, Virginia. TML:atd BROOKFIELD STEPHENSON VILLAGE, L.L.C. Date By: L - Its: VA kS UIN STEPHENSON ASSOCIATES, L.C. D to By- ::::1c--V" - D - Its: at t , <y c�` s 151 Windy Hill Lane Winchester, Virginia 22602 December 1, 2010 Frederick County Planning Department Attn: Eric Lawrence, Planning Director 107 North Kent Street Winchester, VA 22601 RE: Snowden Bridge MDP - Brookfield Stephenson Village, LLC Property Dear Eric: The purpose of this letter is to request consideration for administrative approval of the Snowden Bridge Master Development Plan for the Brookfield Stephenson Village, LLC property. Brookfield Stephenson Village. LLC currently owns tax parcel 44-((A))-293, which is a 212.97- acre portion of the 794.6 acres that was rezoned as Stephenson Village in 2003 (now referred to as Snowden Bridge). Since then, Frederick County has approved Master Development Plans for approximately 285 acres of land that includes the entire 212.97 acres owned by Brookfield Stephenson Village, LLC, as well as a portion of the remaining land owned by Stephenson Associates, LC. Brookfield Stephenson, LLC desires to process a Master Development Plan approval that accounts only for their property. This is similar to other Master Development Plans that have been approved by Frederick County for portions of larger rezoned land areas such as Autumn Glen, The Camp, Musket Ridge, Old Dominion Green, Lynnhaven, Sovereign Village, and Twin Lakes. Brookfield Stephenson, LLC has previously dedicated and bonded rights -of -way and recreational amenities with Frederick County, and has agreed to prepare access easements to ensure that there is public street access to the remaining land bay areas within the Snowden Bridge project. Additionally, the information associated with the approved proffer statement has been included on the Brookfield Stephenson, LLC Master Development Plan to ensure that all applicable commitments are on this plan. Thank you for your assistance regarding this matter. Please advise me if you need anything else at this time. Sincerely, Evan Wyatt, AICP Greenway Engineering Cc: Richard J. Dengler, Brookfield Stephenson Village, LLC Thomas "Ty" Lawson, Lawson & Silek Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.corn y0� dp Q G� 2 ad y 'p G O 03 c� lY 44-A-1384 k E o'Ro361YA LIDRA Ir, owaw J60 DLo ONR(ES NNw Ro M 77656 41-A-31 ZONE RA STEPHENSON ASSOCIATES. L.C. t3 P.O. BOX 25M WINCHESTER, VA 22604 g 1 3•p3j, F 1y� ` N Ee E stt niv 4 T.N. 44-A-292 ZONE R4 STEPHENSON ASSOCIATES L.C. P.O. BOX 2530 R WINCHESTE, VA 22604 9 'no (i '� > 6 ,� O 9�l O r s b o 0 o M M 9 ]I ]] 3 �F= ME dim KuE LuT.N. ,� � ^ a n^ _ _ m " /- � 3 " c l ti y Lai pEAR.ra D*TACEZCwc. RN31tt• mm]awoo0 t9.35'4r m Tim 513rot1• m 3•i�6'S1EP.CKS�'{ lv.»r m aD 13•Ittr E H5e' 21- n•u•3rE nrs• lo'"rm W.— E xAw DWM'E 51.A. m- n•44.35• F Dt. u 4B3 E ]. I3•Ip'Ol• E D41d " �•�• E Irbil• E Still 5 M,A37m 9tt1 3a • N ww 6 W W31• m 63537r m a5mv 26t 11-E 731m TN. 44-A-29 ZONE RA JUDITH NCCANN SLAUGHTER 562 MILBURN RD. WINCH£STER, VA 22603 S,vp�o� N eR�oc o£,�F l �9'Po T.N. 44-A-193 ZONE R4 BROOKFIELD STEPHENSON KLUGE. LLC 8500 EXECUTIVE PARK AVE. SUNE 300 FAIRFAX, VA 22031 4E RADIR aRG LEIC.TI CH]rm LERGru [I+LwD BEARNG ( bLb i7N' %9T 981tt1• E 3 D'vSOO' ]O32T ]d.T4f•m saa p lzsa nm• ux3e• u Ici o- 33tna e�As eAr 3 t3•es'tr m _ z 0 W MARK D. SM[TH ' No.022837 1 m - T.N. 44-A-292 A 41 T.N. 44-A-29J ,4 S� ZONE R4 ,9 C3 ZONE.' R4 STEPHENSON ASSOCIATES, L.C. O BROOKFl£LO STEPHENSON VILLAGE. LLC Oq e P.O. BOX 25JO WINCH£STER, VA 22604 U -J a v 8500 £XfCUIrvE PARK AVE. ssti .-i Ix Q T.Y. 44-A-31A ZONE. R4 2 SUITE 300 FAIRFAX, VA 12031 �� a t W ...+ w IL lU Z 2 STEPHENSON ASSOCIATES. L.C. F /R U Z VN P.O. BOX 2530 WINCNESTER, VA 22604 -�M 9 h•6v14F �Q �' X FCC] IM..L Z T y F �' W 41 Z C 9 Q J >i Tm. 45-9-3-2 ZW ld1 EL Z J 0 Ca O rn U 9 NY•4553•m r'ht]' • 1 m l6lBQ y. =✓#4 4'R• ? Z as ■aluu 0. MYTYw R PA15TL MOFIYW PO OOr 22 Z w ^� W 'S DBY W 6 Ft•DS F 133Z3• t Jy F A93 STEAIENSON. VA 22656 0 D• Q WC �4•� a�g Tom- ir a7 SA T.M. 44-A-293 as.F .�9� 6 W p sr j ZONE.' R4 �� LA CLC 3 E D a+ 1n -2 O e 8500 EXECUTIVE PARKVE. �h ..Ji T.Y f5-9-3-i > O O Z 3` •� SUITE .TOO FA(RFAX, VA 22031 RKWLS 101LER ! 0s ARETR )MI sPMAts Ra72656 r^ �w V J 0 . Fat ru. 44-a-31a ZONE.' R4 1, S STEPHENSON ASSOCIATES L.C. P.O. •� T.N. 44-A-194 4s BOX 2530 Wm/CHfST£R, VA 22604 q 4 - e � p ZONE TON C3 Q CRfIC O.W. aTXfN d� TONE N WALLACE •Ti. 1I6O JOROAN SPRmICS RD. C Q STEPHENSON, VA 22656 DATE 11/IS/20I0 .d � o 0 e TN. 44-A-294A SCALE i e 250' ~y, ZONE RA DESIGNED BY: KDP CREIC �- 1160 JOREDAN SPRINGS RD. 250 0 2 500 FILE NO. 2760E STEPHENSON. VA 22656 SCALE: SHEET 2 OF 92 QO3 10-42 rf] Parcels Sewer and 'Alater Service Area Urban Development Area --� _ ',,h — Ri 17 Rypo, . .................. ... Snowden Bridge; Project C17 Q Note: Snowden Bridge "ed""k County Dept of Planning & Development Project 1 07 N Kent St Site 202 Winchester, VA 22601 540 - 665 - 5651 0 75 150 300 Feet Map Created: November 30,2010 Snowden Bridge Project ' fff 664 F O a. r � a i h 06 ff � Winchester r �NN OApplication zoning _ Fut,re Rt:7 Drpass Parcels 82 (Business, General District) 83 (Business, Industrial Transition District) MI (Industrial, Light District) M2 (lndustnal, General District) MH1 (Mobile Home Community District) R4 (Residential Planned Community District; RP (Residential Performance District) Note Snowden Brid e Rederick County Dept of g Planning & Development Project 1 suite N Kent St Suite 202 Winchester. VA 22601 540 - 66_` - 5651 0 325 650 1,300 Feet Map Created: November 30. 2010 RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS To consider individual master development plan revisions of w Master Development Plan #07-05 for Stephenson Village ,& 1739 (a.k.a. Snowden Bridge), enabling the two developers (Stephenson Associates LC and Brookfield Stephenson Village LLC) to process master development plan revisions independent of one another Action: BOARD OF SUPERVISORS: April 13, 2011 ❑ APPROVED ❑ DENIED WHEREAS, Rezoning #06-03 of Stephenson Village was submitted to rezone 794.6 acres from RA (Rural Areas) to R-4 (Residential Planned Community) with proffers. This property is located on the south side of Old Charlestown and Jordan Springs Roads and east of Milburn Road, and was identified with Property Identification Numbers 44-A-31A, 44-A-292, 44-A-293, and a portion of 44-A-31; and WHEREAS, Rezoning #06-03 of Stephenson Village was adopted by the Frederick County Board of Supervisors on September 24, 2003; and WHEREAS, Master Development Plan #07-05 for Stephenson Village (renamed Snowden Bridge) was administratively approved on February 23, 2006; and WHEREAS, Numerous revisions to the Master Development Plan pertaining to housing types and internal street access have been administratively approved. The revisions did not affect the location of the major collector road nor its intersection points; and WHEREAS, The processing of the Master Development Plan revisions to date have required the property owner approval signatures of both developers (Stephenson Associates LC and Brookfield Stephenson Village LLC), yet the revisions appear to only affect the land holdings of Brookfield Stephenson Village LLC; and WHEREAS, It has been determined that enabling Master Development Plan revisions without the benefit of both developer's approval will not affect implementation of the rezoning's proffered conditions; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Frederick County would be amenable to consider individual master development plan revisions for the two developers within the 794 acre Snowden Bridge development. PDRes. #06-11 This ordinance shall be in effect on the day of adoption. Passed this 13th day of April, 2011 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Gary W. Dove Bill M. Ewing Gene E. Fisher Charles S. DeHaven, Jr. Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes.#06-11 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors V FROM: Eric R. Lawrence, AICP, Planning Director fGM SUBJECT: Public Meeting: Snowden Bridge Master Development Plan Request to Enable MDP Modifications by Individual Developers DATE: April 4, 2011 Staff has received a request to consider enabling individual developer revisions to the Snowden Bridge Master Development Plan (the project previously known as Stephenson Village). The Snowden Bridge MDP is currently a single approved Master Development Plan encompassing the entire 794 acre development project. The project entails two developers, Stephenson Associates LC and Brookfield Stephenson Village LLC; Stephenson Associates LC owns portions of the project that have yet to experience construction activity, and Brookfield Stephenson Village LLC owns portions of the project that are currently under construction and have built and sold residences to individual homeowners. This request would enable either developer to process MDP revisions for their land holdings without securing approvals from the other developer. When Rezoning #06-03 for Stephenson Village was approved by the Board of Supervisors on September 24, 2003, a number of proffered conditions were also accepted. Some of these conditions would clearly be implemented as each new home was constructed, while other proffered conditions pertain to more global improvements such as the construction of the major collector road currently referred to as Snowden Bridge Boulevard, dedication of the park and school sites, and cash contributions to Clearbrook Volunteer Fire Company. Upon review of the proffered conditions and their associated implementation triggers (i.e., dates, vehicle trips generated, at the County's request, etc.), staff has determined that enabling separate Master Development Plans would not be detrimental to implementing the proffered conditions. The County could continue to enforce the proffered conditions by not issuing zoning, subdivision, and building/occupancy approvals until the applicable proffered conditions were satisfied. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Board of Supervisors RE: Snowden Bridge Master Development Plan Separate Revisions April 4, 2011 Page 2 The initial Master Development Plan for the project (at that time called Stephenson Village but since renamed Snowden Bridge) was approved in 2006 (MDP #07-05 for Stephenson Village). Several revisions to the initial MDP have been approved through administrative approvals. To date, the administrative revisions continue to reflect the intent of the initial MDP with only minor housing type and lot size changes, all permitted actions under the adopted proffers and applicable ordinances. Separating the MDPs will enable such administrative revisions to occur, while still requiring Planning Commission and Board of Supervisors review on more substantial revisions. After reviewing the applicable zoning and subdivision ordinances, as well as the proffered conditions, there do not appear to be any conflicts with enforcement of the ordinances and proffers if the Board wishes to permit the separate master development plan revisions. Adoption of the attached resolution would enable the two developers to process individual Master Development Plan revisions without the benefit of securing approvals from one another. As noted in the resolution, all ordinance requirements and proffered conditions will remain in full effect and shall be adequately addressed in order for the individual developments to proceed. Please contact staff should you have questions concerning this request and resolution. ERL/bad Attachment: Applicant's request for separate Master Development Plan revisions Map illustrating current developer land holdings Map illustrating development to date Map illustrating overall Snowden Bridge project boundaries Resolution LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 February 25, 2011 Roderick B. Williams, Esquire County Attorney County of Frederick, Virginia 107 North Kent Street, 3`d Floor Winchester, VA 22601 Re: Snowden Bridge Our File No. 839.001 VIA E-MAIL AND U.S. MAIL Dear Rod: This is to confirm my previous communication and correspondence concerning the above -referenced project. As you know, the property was developed as a planned unit development with numerous land bays and provisions for development and build -out by either one or several developers. At present the property is owned by two developers and it is the intent of Brookfield Stephenson Village, L.L.C. to amend the Master Plan on property that it solely owns. Despite the fact that this amended Master Development Plan is of a tract that is lesser of size than a tract of land that is encompassed by a previously approved MDP, we have been advised by Frederick County that a submission to the County is required, which submission may be included in part of a package to be submitted by Planning Staff to the Board of Supervisors. We have been advised that this submission is to ensure that the Board of Supervisors has knowledge of this recent MDP amendment and also to put it on notice that consistent with the previously approved plan there may be more than one developer building out this large community. This is to confirm that there is an agreement and understanding between all parties, including, but not limited to, Frederick County and its departments and agencies that as this planned unit development proceeds with development submissions for County approvals that may be required for items, which include, but are not limited to, Master Development Plans, Site Plans, building permits, etc., that only the owner the property upon which the plan or permit is being sought shall be required to sign any submission or request for same with the County. What this means is that when/if a submission is filed there will be no need, requirement, or request from the County or any of its departments or agencies for signatures of any other property Roderick B. Williams, Esquire February 25, 2011 Page 2 owners within the development, whether they be adjoining property owners or not, if the plan or permit at issue does not involve such other property owners' property, unless the plan or permit at issue affects joint obligations under the applicable proffers, It is with this understanding that the property owners, as is evidenced by the representative signatures below, do submit this letter and they look forward to the approval of the pending MDP, as well as any other plan, permit, etc., which may be submitted for approval in the future, subject to compliance with any other applicable requirements. Thank you for your attention to these matters. Unless I hear from you to the contrary, I will assume that this is a complete recitation of the understandings and agreements between the property owners and Frederick County, Virginia. TML:atd Date to BROOKFIELD STEPHENSON VILLAGE, L.L.C. By: Its: Nll IkN k%IN % MW K, STEPHENSON ASSOCIATES, L.C. GREENWAY ENGINEERING, mc. 151 Windy Hill Lane Wind ester, Virginia 22602 6 Founded in 1971 December 1, 2010 Frederick County Planning Department Attn: Eric Lawrence, Planning Director 107 North Kent Street Winchester, VA 22601 RE: Snowden Bridge MDP - Brookfield Stephenson Village, LLC Property Dear Eric: The purpose of this letter is to request consideration for administrative approval of the Snowden Bridge Master Development Plan for the Brookfield Stephenson Village, LLC property. Brookfield Stephenson Village. LLC currently owns tax parcel 44-((A))-293, which is a 212.97- acre portion of the 794.6 acres that was rezoned as Stephenson Village in 2003 (now referred to as Snowden Bridge). Since then, Frederick County has approved Master Development Plans for approximately 285 acres of land that includes the entire 212.97 acres owned by Brookfield Stephenson Village, LLC, as well as a portion of the remaining land owned by Stephenson Associates, LC. Brookfield Stephenson, LLC desires to process a Master Development Plan approval that accounts only for their property. This is similar to other Master Development Plans that have been approved by Frederick County for portions of larger rezoned land areas such as Autumn Glen, The Camp, Musket Ridge, Old Dominion Green, Lynnhaven, Sovereign Village, and Twin Lakes. Brookfield Stephenson, LLC has previously dedicated and bonded rights -of -way and recreational amenities with Frederick County, and has agreed to prepare access easements to ensure that there is public street access to the remaining land bay areas within the Snowden Bridge project. Additionally, the information associated with the approved proffer statement has been included on the Brookfield Stephenson, LLC Master Development Plan to ensure that all applicable commitments are on this plan. Thank you for your assistance regarding this matter. Please advise me if you need anything else at this time. Sincerely, Evan Wyatt, AICP Greenway Engineering Cc: Richard J. Dengler, Brookfield Stephenson Village, LLC Thomas "Ty" Lawson, Lawson & Silek Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 w wgreenwayeng.com C3 i.Y 1/-A-1361 NE pEdIPNr DD]ANCE /f�RZ V ZLw£.' RA 1 x e3,rar u !VO Z ,.oiwJm 1. 0NOWX t s oe•»vr u »m' d IAUR. W. a'ROUM Sea OLD 0[WLES T0— RD w 2Q �`�r . ',.ro»3-W u•1Ue,• E 3/SD• W 5]EP]fR50v, 22656 �w s ee•»'Ar E »m' W a pNF t Ra �� x 3—vol. E e3m Z ` ^ , N T.N. 44-A-31 s N n•u•3Y E »m• Om = _ v y0 9 ^ 9 N W _ = ZONE.- RA ASSOCIATES. C.C. t3 'P� `- 13-13' n 13--E %m II o•mm•E o 57EPHENSON P.O. BOX 25M C. `9a� 01 v x n• E Dou � S VA 22604 ,Lr I.N. 44-A-292 1' W4 x13'60OPE CnL� WINCHESTER, s ]3 •pj]• ZONE: R4 �S > M y�o f STEPHENSON ASSOCIATES, L.C. J x loa•39'4r S' Q P.O. BOX 2530 WINCHESTER, VA 22604 r E nm' E m•/4rmr E "9 D s ri•p'11' w DL,I' �l nilr 9 Q -9�l O D b37373• w e3m e csvlr w sem L :i: ]I 9 M'D1•'3,• w iSD' W 63531Y w vsm y N69d /��• V ]. N i37371• w f S� ]e 9 23•UT a 3U l I i -63rY W d a 8'QI w 9i1]O' INN N W C a N ►3'S.7Y U P 6 BOGL�4q 31 s str]cy3• u esm .oW RQ 3r se-11Wu nlm' 31 6 4L•x•36' 31 DEAL � Ss x 3`v7e• E 9e.]'3 NCm b 9 p'9,19• U .93.3' y z L9 O n Iy� ,y �y �� RADLLS dS LEIGtu 6ClA Lfl.:iN CNLrID DEdxNG N W �3�� GT I bm NRS' %5l' Sr/993• U ' 3 ossm ]b3]S 12" 34 • W ..3 L �O 6Q CA 'bSCO 1].9C ,26' ]43136• U \ TM NZONER4A93 99 `� BROOKFIELD STEPHENSON VILLAGE. LLC 8500 EXECUTIVE PARK AVE. N„•]e">YE1A L3. 9 If .% A 'Q SUITE 300 FA/RFAX, VA 22031 MARK D. SM[TH '*I No.022837 X L,m�T.N. 44-A-29 mc T.N. 44-A-292 ZONE' R4 ZONEAA JUD/IN Ncfi1NN SLAUGHTER TN 44-A-293 R4 S � STEPHENSON ASSOCATES, L.C.562 U MILBURN RD.4 QZONE' iBROOKFIELD VILLAGE. LLC ,e P.O. BOX 25J0 WINCHESTER, VA 22604 .4�8500 WINCHESTER, VA 22603 XECUTISTEPHEE PA EXECUTIVE PARK AVf. i� m '-'� T.N. N-A-J1A R4FAIRfAX, n SUITEJOGZONE YA 7203TLfi Lb TN STEPHENSON ASSOCIATES, C.C. BOX 2530 Q J m ZP.O. rnWINCHESTER, VA 22604 x d ', (1 > 9 G3 s C1 M w Cc � > T O 3. Tn c3 � a 'y. 662. 9 a. nr:lwv d z O to V z Z J W. 4 N �•1953' a lt•E RiLNY PSIFFHEMLW,PC 22 u �01 a 6U.D�iT Y ,M� 9 e2•44W' E 133d3' !Y '�43 XW 22656 (� Q ♦LI L Ems. ¢ cn a) y T.M. 44-A-293 JA9• ^" ��s.F J W L. A ZONE.' R4 6 u 0: O U E) Cz W 4t W C ! BROOKFIELD 57EPHENSON VILLAGE, LLC 8500 EXECUTIVE PARK AVE a "h �'r'P T.Y 45-9-J-i ZCNE'. RA > 7 Cs, �O O ,6 SUITE 300 I I-5 XWER d as ]WEIR ` ) FAIRFAX, VA 22031 1 StEPHEx5ax.5pa]121s Ra 656 coV i OO i •fM � maT CO T.N. 44-A-31A ZONE: R4 STEPHENSON ASSOCL47E5 L.C. s + 0 T.N. 44-A-294 P.O. BOX 153ZONE. 0 y 0` Q RA182 O. GREIGO.W. AITKEN & TOW N. WINCHESTER, VA 72604 e $ �y .2+ �"`�• WALLACE I160 JOROAN SPRINGS RD. o 0•� Q STEPHENSON, VA 22656 DATE 11/I5/2010 i o e T.Y. 44-A-294A SCALP.- 1 - 250' �5 ZONE.' RA DESIGNED BY: KDP GREIG D.W. AITKEN & TONIE N. WALLACE eT�33, 1160 JORD4N SPRINGS R0. 250 0 2 500 FILE NO. 276DB STEPHENSON, VA 22656 SCALE: V 2 O.bt SHEET 2 OF 12 10-42 Snowden Bridge 1 ' Project ' 01 0 . i OQ1 •. Ja , 0 � 'w rvJ W LSCJ + 37 Winchester 7 7 659% tn/ W VlW,• `] Parcels Sewer and Water Service Area Urban Development Area Note: Snowden Bridr�e y Project Frederick County Dept of Planning & Development N Kent St Suite 202 Winchester. VA 22601 540 - 665 - 5651 0 75 150 300 Feet Map Created: November 30, 2010 Snowden Bridge r - Project ,. o ape Q „ < Q 9�9 Q FvfCIle Gy }- 37 GG ''' ., ♦ VF,.T ., 6_ Winchester Application zoning Future RL 37 bypass i Parcels B2 (Business, General District) 3 83 (Business, Industrial Transition District) MI (Industrial, Light District) M2 (industrial, General District) � F MH1 (Mobile Home Community District) R4 (Residential Planned Community District) RP (Residential Performance District) Note: Snowden Brid e g Project Frederick County Dept of Planning & Development N Kent St Suite 202 Winchester. VA 22601 540 - 665 - 5651 0 325 650 1.300 Feet Map Created: November 30, 2010 RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS To consider individual master development plan revisions of Master Development Plan #07-05 for Stephenson Village (a.k.a. Snowden Bridge), enabling the two developers (Stephenson Associates LC and Brookfield Stephenson Village LLC) to process master development plan revisions independent of one another Action: BOARD OF SUPERVISORS: April 13, 2011 ❑ APPROVED ❑ DENIED WHEREAS, Rezoning #06-03 of Stephenson Village was submitted to rezone 794.6 acres from RA (Rural Areas) to R-4 (Residential Planned Community) with proffers. This property is located on the south side of Old Charlestown and Jordan Springs Roads and east of Milburn Road, and was identified with Property Identification Numbers 44-A-31A, 44-A-292, 44-A-293, and a portion of 44-A-31; and WHEREAS, Rezoning #06-03 of Stephenson Village was adopted by the Frederick County Board of Supervisors on September 24, 2003; and WHEREAS, Master Development Plan #07-05 for Stephenson Village (renamed Snowden Bridge) was administratively approved on February 23, 2006; and WHEREAS, Numerous revisions to the Master Development Plan pertaining to housing types and internal street access have been administratively approved. The revisions did not affect the location of the major collector road nor its intersection points; and WHEREAS, The processing of the Master Development Plan revisions to date have required the property owner approval signatures of both developers (Stephenson Associates LC and Brookfield Stephenson Village LLC), yet the revisions appear to only affect the land holdings of Brookfield Stephenson Village LLC; and WHEREAS, It has been determined that enabling Master Development Plan revisions without the benefit of both developer's approval will not affect implementation of the rezoning's proffered conditions; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Frederick County would be amenable to consider individual master development plan revisions for the two developers within the 794 acre Snowden Bridge development. PDRes. #06-11 This ordinance shall be in effect on the day of adoption. Passed this 13th day of April, 2011 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Gary W. Dove Bill M. Ewing Gene E. Fisher Charles S. DeHaven, Jr. Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes.#06-11 BHUOKFIELD H O M E S December 29, 2010 Frederick County Department of Planning 107 North Kent Street Suite 202 Winchester, Virginia 22601 Attn: Mr. Eric Lawrence Planning Director Re: Stephenson Village Dear Eric: 7i C' DEC 30 2010 Enclosed please find a check from Brookfield Stephenson Village, LLC to Clear Brook Volunteer Fire and Rescue, Inc. in the amount of $50,000.00. This check is in regard to Proffer Commitment number 6 of the Proffer Statement for Stephenson Village Planned Residential Community, Rezoning #06-03, which states that the applicant is to pay $50,000.00 within 30 days of the issuance of the 500th building permit within the Stephenson Village (Snowden Bridge) Residential Community, but not later than December 31, 2008. As I am sure you are aware, we are not anywhere near the 500`h building permit, however, are also well tardy of the December 2008 date. We apologize for our tardiness, however, in our system of following the proffers, we had entered the permit "tickler" and not the date. Again, please accept our apology for being late on this payment and please forward on the check to the Clear Brook Fire and Rescue Department. Sincerely, Dean Dubbe , 0/ �1 BROOKFIELD HOMES 8500 Executive Park Avenue • Suite 300 • Fairfax, Virginia 22031 Telephone: 703.270.1400 • Facsimile: 703.270.1401 u■0009 L 3,1■ 1:0 5 iuuul-+ - t 0 ` O 'r+ f. 1- 1 r � DATE z NO a�i "RECEIVED -FROM.' } 2u. ® m E N m k t C DRESS 0 co a Q o!, cu CL N to OdQ A O N ❑FOR,R T DOLLARS $ Vy . Ln u o2S a`� 1D I Y ++ a ° AMT. OF • ■ 0�C1� /� i19� IC "° I to Y ACCOUNT I CASH777-7-7 ] re GUI-Q ,i a Z U lD AMT. PAID Q� I w O^ ,= p �-- BALANCE I CHECK MONEY _ Ln DUE �. _, ORDER BY r :....._e..,J.; - `..i. � dU4f�:c':' .�L-�`miet_s_ - ...r. .�'... .. -::-see; f ,, :_, ,� .e..,•y;�.i�F' ''' Eric Lawrence From: Evan Wyatt [ewyatt@greenwayeng.com] Sent: Monday, December 06, 2010 9:33 AM To: tlawson@lsplc.com Cc: Eric Lawrence Subject: Brookfield MDP Hi Ty, I spoke with Eric Lawrence this morning regarding the issue of processing the Brookfield MDP for information to the Board of Supervisors that would allow for Brookfield to submit an MDP for their property only. Eric advised that his department provided the information packet to John Riley's office and that John was not interested in taking this item to the Board unless both Brookfield and Shockey provided a letter advising that they were both interested in having the ability to master plan their properties only. Eric believes that if this information is provided and the Board agrees to this approach that this will establish the policy for the Snowden Bridge project that would allow for individual master plans to be processed for county approval in the future without the need for multiple owner signatures. Please let me know if you have any questions regarding this information. Thanks, Evan GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 Fax: 540-722-9528 Visit us on the web at www. reg enwayeng com to learn about exciting new services offered by Greenway Engineering: Laboratory Services, Water Sewer, Maintenance / Monitoring, ESA Phase I, Wetlands and more. wA Please consider the environment before Printing this CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please noti6, the sender immediately by email and delete the message and any file attacimzents from your computer. Thank you. a GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMIT T AL Project Name: Brookfield Stephenson Village LLC Master Development Plan File No: 2760B Date October 12, 2010 To: FC Planning From: Evan Wyatt Attn: Eric Lawrence GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Eric, Please review the attached information and contact me if you have any questions or if you need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Please Print Name: Date: Time:' C; s October 111 2010 Frederick County Attorney & Planning Departments Attn: Rod Williams, County Attorney Eric Lawrence, Planning Director 107 North Kent Street Winchester, VA 22601 RE: Stephenson Village (Snowden Bridge) Proffer Analysis Information Dear Rod and Eric: Brookfield Stephenson Village LLC desires to obtain Master Development Plan approval solely for acreage under their ownership in the Snowden Bridge Residential Planned Community. As you know, Frederick County has allowed for large-scale residential projects approved under a single rezoning application to be approved as smaller Master Development Plans that account for the acreage in individual property ownership. Examples of this include the Tasker Land Bays, which was ultimately approved as Master Development Plans for Autumn Glen, Canter Estates, The Camp and Old Dominion Greens, and Charming Drive, which was ultimately approved as Lynnhaven, Sovereign Village and Twin Lakes. It is my understanding that Frederick County is reviewing the approved Proffer Statement to determine if there are any proffered commitments that could become problematic as Brookfield Stephenson Village LLC continues to develop their property consistent with the previously approved Master Development Plan. Brookfield Stephenson Village LLC has directed Greenway Engineering to conduct a similar review of the approved Proffer Statement and provide a report to Frederick County to ensure that the County and Brookfield are on the same page. Therefore, please find attached a summary of our analysis of the Stephenson Village Residential Planned Community Proffer Statement and the proffered Community Design Modification Document for your information. It is requested that Frederick County review this analysis and confirm the accuracy of this information. Hopefully, this information is of assistance and can be utilized by the County Attorney's Office and the Planning Department when the Board of Supervisors is advised that the Snowden Bridge development is desired to be approved as smaller Master Development Plans that account for the acreage in individual property ownership. Sincerely, I � 'C� Evan yatt, AIC Greenway Engineering Cc: Rick Dengler, Brookfield Stephenson Village LLC Ty Lawson, PLC Lawson & Silek Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com Stephenson Village Residential Planned Community Proffer Statement & Community Design Modification Document Analysis Community Design Modification Document Modification #8 — Rezoning Procedure This modification was approved by the Board of Supervisors to eliminate the requirement for a Master Development Plan for the entire project during the rezoning process and allow for a proffered Generalized Development Plan to demonstrate general land use conformity for land bays within the rezoned area. The Generalized Development Plan (GDP) was approved at the same time as the rezoning and any development within the project will need to be in conformity with the GDP, which will be reviewed by the County when submittals for development of certain portions of the property are requested for development. Modification #9 — Master Development Plan This modification was approved by the Board of Supervisors to require a detailed Master Development Plan to reflect the acreage within the community that is planned for development by specific phase (and specific to the land mass being submitted at the time for review/approval by the County) and provide for an aggregate table of information to ensure development percentages identified on the proffered Generalized Development Plan are in compliance throughout the development of the project. Modification #6 — Phasing This modification was approved by the Board of Supervisors to require a detailed Master Development Plan for each development phase to ensure that a logical sequence of development occurs for the provision of roads, infrastructure, open space and recreational facilities. 2760BlEAW 1 10-12-10 Stephenson Village Residential Planned Community Proffer Statement General Provisions — Page 1 The last paragraph identifies that a Generalized Development Plan (GDP) is provided in - lieu of a Master Development Plan. The Master Development Plan is required for the portion of the site to be developed. Section 2A Phasing Plan Additional Proffer Payment — Page 2 This requires an assessment of the number of school children annually that could potentially increase the monetary contribution to Frederick County. This is assessed at the time of building permit issuance; therefore, this should not have a bearing on the Master Development Plan. Section 2A Phasing Plan Additional Proffer Payment — Page 3 The proffer requires the Applicant to reimburse Frederick County Public Schools for the cost in creating the annual school children report. Brookfield Stephenson Village LLC understands that they would be responsible for this cost should Frederick County Public Schools determine that this report was necessary as a result of the development within their acreage. Section 3A(2) Use, Density and Mix of Housing Type — Page 4 Brookfield Stephenson Village LLC owns approximately 212 acres of land that is under consideration for Master Development Plan approval. This falls within the tolerance level of 475 acres of mixed residential land use permitted in Land Bay 3 of which the 212 acres is a part. Section 3A(2)(1) Land Bay Breakdown — Page 5 The Master Development Plan for Brookfield Stephenson Village LLC proposes 525 single family detached units, 110 townhouse units and 30 multifamily units; therefore, this falls within the tolerance level of residential units identified in this section. Section 7A(1) Major Collector Road — Page S Brookfield Stephenson Village LLC has provided right-of-way dedication and bonded the four -lane improvements for the portion of Snowden Bridge Boulevard depicted on the 2760BlEAW 2 10-12-10 Master Development Plan. This allows for access to their entire property and would allow for land bays to the south to develop as well; therefore, this should not be an issue to the County. Section 7A(2) Interparcel Connections — Page 9 This requires the provision of interparcel connections between land bays when they are developed. This provision is consistent with requirements of the Frederick County Subdivision Ordinance. The Master Development Plan submitted by Brookfield Stephenson Village LLC provides for access to adjacent land bay parcels to the north and the east of their property within the Snowden Bridge development. To the extent that there is any additional concern, Brookfield Stephenson Village LLC can provide and record ingress/egress easements to guarantee access to adjoining land bays. Section 7C; 7D; 7E and 7F Transportation Enhancements — Page 10 These proffers require various improvements to Martinsburg Pike, Old Charles Town Road and Snowden Bridge Boulevard. The full build -out of the 212 acres owned by Brookfield Stephenson Village LLC will result in a projected average daily traffic volume of 5,929 trips, which is below the threshold for triggering these proffers. Nonetheless, Brookfield Stephenson Village LLC has preformed many of these proffered commitments to date including right and left turn lanes at the project entrance, right and left turn lanes on Old Charles Town Road the two-lane section of Snowden Bridge Boulevard. Section 9A Recreational Amenities — Page 13 Brookfield Stephenson Village LLC has identified a recreational center on the Master Development Plan that complies with the proffered condition and has bonded this facility; therefore, this should not be an issue with the County. Section 9C Pedestrian Trails — Page 14 Brookfield Stephenson Village LLC can agree to easements that allow for trail continuance to adjoining land bays to ensure that this is not a problem in the future. Section 12 Byers House — Page 16 To my knowledge, Brookfield Stephenson Village LLC has complied with this proffered condition through photo documentation of this structure before it was razed. 2760BlEAW 3 10-12-10 Section 16A(3)(a) Buffers and Conservation Easements — Page 20 This proffered condition has been addressed on the Brookfield Stephenson Village LLC Master Development Plan. Section 18 Water and Sewer Improvements — Page 23 The regional pump station has been developed and is operational and appropriately sized water and sewer lines have been developed as required by FCSA. 2760B/EAW 4 10-12-10 /J o776S* Analysis of Stephenson Village (aka Snowden Bridge) Proffers To Understand Potential Impact of Enabling Multiple MDPs to Reflect Various Ownership Interests Rezoning #06-03 October 26, 2010 This analysis has been conducted by the Planning Department staff in an effort to better understand the potential areas of conflict within the approved proffer statement and the design modification document that might exist if the Snowden Bridge project were divided into various Master Development Plans (MDPs) reflective of developer ownership interests. Of most concern are the proffered conditions whose implementation is tied to a: stated date, request of County Officials, or Vehicles Trips Per Day (VPD) threshold. These implementation triggers are global to the larger Snowden Bridge development and may not solely be the responsibility of the developer of an individual MDP. Generally, if a proffered condition is not being satisfied, the County could withhold further subdivision and zoning approvals until compliance is achieved. In the event that a proffered condition is not implemented and is not clearly linked to a particular MDP, it would be advantageous to have a clear line of responsibility so that the unaffected party is not held responsible for proffer compliance. These potential conflict areas are the impetus of this analysis. Below are the proffered conditions and design modifications document sections that warrant clarification and assignment of responsibility prior to enabling the overall Snowden Bridge development to be divided into various Master Development Plans (MDPs) reflective of developer ownership interests. Often a potential resolution of the proffer conflict may be achieved with the advanced payment of a proffered cash contribution; Other proffer conflicts may warrant additional discussions to identify appropriate resolutions. D✓alle arc CnvtG OvL yes ti o Page 2 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 Proffered Condition Sections and Topics of Potential Concern "2. PHASING PLAN TO MINIMIZE SUDDEN IMPACTS ON COUNTY SERVICES A. Additional Proffer Payment To ensure that unanticipated increases in Frederick County Public School population do not burden the county with extra costs, Frederick County may assess the Applicant to effectively double school related proffers for each student that exceeds a cumulative yearly total increase of 60 students per year.... This additional proffer payment will be provided to Frederick County by the Applicant within 30 days of receipt of the September 30 report produced by the Frederick County Public Schools." ISSUE: As written, this results in cash payments on a potential annual basis. Since the student count is linked to an annual calendar date, not a zoning or subdivision approval, which developer (presuming there are multiple MDPs each owned by different parties) will be responsible for the payment of these proffered funds? Assignment of responsibility should be clarified. 11 5. MATCHING FUNDS FOR TRANSPORTATION ENHANCEMENTS AND/OR HERITAGE TOURISM In consideration of the approval of rezoning application #06-03 the Applicant shall contribute $75,000 in matching funds to Frederick County to be utilized for transportation enhancement and/or for the promotion of heritage tourism. The money will be made available to Frederick County within 30 days of receipt of a written request for said funds by the Frederick County Board of Supervisors or their authorized agent." ISSUE: Who will make this proffered cash payment when there are various developers with various MDPs? Assignment of responsibility should be clarified. Page 3 An of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 116. MONETARY CONTRIBUTIONS TO CLEARBROOK VOLUNTEER FIRE AND RESCUE, INC. To further mitigate the impact on fire and rescue services, the Applicant will pay to Clearbrook Volunteer Fire and Rescue Inc., the sum of $200,000.00 for its general fund. This is over and above the monetary contributions to Frederick County Fire and Rescue identified in Section 4 of this proffer statement. The money will be payable as follows: $50,000.00 to be paid not later than nine months after zoning approval (payment received). $50,000.00 to be paid within thirty (30) days of the issuance of the 500th building permit in Stephenson Village but not later than December 31, 2008. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,0001h building permit in Stephenson Village but not later than December 31, 2013. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,500th building permit in Stephenson Village but not later than December 31, 2018." ISSUE: Who will make this proffered cash payment when there are various developers with various MDPs? Assignment of responsibility should be clarified. 117. MULTIMODAL TRANSPORTATION IMPROVEMENTS D. The applicant will execute a signalization agreement with the Virginia of Transportation for the intersection of US Route 11 and Old Charles Town Road. Additionally, the Applicant will construct full size entrance improvements with both a right turn lane and left turn lane on Old Charles Town Road, and a right turn lane on US Route 11 at said intersection. These improvements will be installed in accordance with the Virginia of transportation design guidance when warranted by VDOT." ISSUE: These proffered improvements were designed to occur later in the development process once the project is underway, VPD had increased, and VDOT determined that warrants had been met to implement the improvement. Who will implement these improvements when there are various developers with various MDPs, all of which are contributing to the warrants for improvement? Assignment of responsibility should be clarified. Page 4 Anplysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 "E. The Applicant will execute a signalization agreement with the Virginia Department of Transportation for the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community. The Applicant will provide for the signalization at the intersection of Old Charles Town Road and the Major Collector Road based on the terms of this agreement when warranted by the Virginia Department of Transportation." ISSUE: These proffered improvements were designed to occur later in the development process once the project is underway, VPD had increased, and VDOT determined that warrants had been met to implement the improvement. Assignment of responsibility for implementation of proffer should be clarified. "F. The Applicant will design and construct a four -lane boulevard Major Collector Road for the Stephenson Village Community in substantial conformance with the proffered Generalized Development Plan. The Major Collector Road will be constructed in two phases. The first phase will be a two-lane half section that is constructed from Old Charles Town Road to the limits of the development as depicted on the approved Master Development Plan. The phase of the Major Collector Road will be constructed and bonded in segments in accordance with the approved Subdivision Design Plan for Stephenson Village. The second phase of the Major Collector Road will provide for the ultimate four -lane section with appropriate right and left turn lanes based on the following program: bD (1) The design of the transportation improvement identified in Section 7(F)2- 7(F)5 of this proffer statement will begin with 8-o of the actual traffic count volume is realized as identified in each Section. The completion of the improvements specified in each Section will occur within 18 months of initial design. (2) Once actual traffic counts of 7,996 vehicle trips per day have been document on the Major Collector Road, the Applicant will bond and commence construction of the additional lanes to the existing Major Collector Road to its ultimate four -lane section from Old Charles Town Road to the limits of the Major Collector Road within the development. (3) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of Page 5 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 a three -lane section of Old Charles Town Road, from the Entrance to Stephenson Village to US Route 11 using the existing bridge. (4) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a two lane half section of the Major Collector Road from the limits of the four -lane section to US Route 11 at the Rutherford Farm Industrial Park intersection to include right and left turn lanes on the east side of US Route 11 as determined by VDOT. ... (5) Once the actual traffic count at the southwestern entrance to Stephenson Village near the Rutherford Farm Industrial Park intersection reaches 7,996 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of the remaining additional lanes to the existing Major Collector Road from the limits of the four -lane section to provide for the ultimate four -lane section ending at the east side of US Route 11. ISSUE: Who will make these improvements when there are various developers with their own individual MDPs? How is the proffer implemented if a portion of the road has already been constructed (2-1ane) through a portion of development that has been completed, and now additional development (possibly by a different developer) is planned that would trigger improvements (to 4-1ane)? Each MDP will be responsible for showing the proffered improvements, but implementation of the road improvement will be triggered by the proffer. Is it appropriate for one developer to be responsible for constructing the road across another developer's MDP? Assignment of responsibility should be clarified. "G. The Applicant will provide $50,000 that shall be utilized as matching funds by VDOT and/or the County of Fredrick for future improvements to the Interstate 81/US Route 11 interchange at Exit 317. This dollar amount is intended to assist VDOT and the County of Frederick with this regional improvement. The $50,000 will be made available to VDOT or to the County of Frederick, within 30 days of written request for said funds by the appropriate party. ISSUE: Who will make this proffered cash payment when there are various developers with various MDPs?Assignment of responsibility should be clarified. Page 6 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 "13. COMMERCIAL CENTER The Applicant has identified an area as shown on the General Development Plan (Exhibit A) for a commercial center that will be developed at a time to be determined by the Applicant. Within the commercial center development, the following shall be provided: F. The Applicant has identified an area as shown on the General Development Plan (Exhibit A) for a commercial center. The development of 60,000 square feet of commercial space will begin within the commercial center no later than the issuance of the 1,200th non -age restricted residential building permit with the completion of this commercial space within 18 months. The Applicant will be allowed to extend the commencement of commercial construction for an additional two year period if any one of the following circumstances has occurred: An elementary school has not been constructed on the Property; or a building permit is obtained for the development of a new grocery store within a three mile radius of commercial center within Stephenson Village." ISSUE: While this Commercial Center is located on land not yet included in an approved MDP, the question remains: who is responsible for constructing the commercial center when there are various developers with various MDPs? If the residential developer(s) has no interest in a commercial center, how would the proffer be satisfied? Assignment of responsibility should be clarified. Page 7 ArIalysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 Community Design Modification Document Section and Topic of Potential Concern "MODIFICATION #9 §165-13313 Master development plan, contiguous land §165-141A(8) Master development plan, contents §165-141B(2);(4);(8) Master development plan, R4 contents Alternative Design Standard The provision of a detailed Master Development Plan for Stephenson Village that is designed to reflect the acreage within the community that is planned for development by specific phase and provides an aggregate tabulation of all required development percentages to ensure that the requirements of the R4 District and the proffered Generalized Development Plan are met throughout the development of the Stephenson Village community. ISSUE: Maintaining an accurate aggregate tabulation of all required development percentages to ensure that the required R4 District and the proffered GDP are met will be difficult when there are multiple MDPs. This Modification was designed to enable the detailed MDP to be grown as the project progressed, as opposed to the crafting of a single MDP at time of rezoning consideration, and utilize the aggregate tabulation to track proffer and ordinance compliance. Tracking compliance will be difficult if various MDPs are progressing concurrently. POTENTIAL RESOLUTION TO ENABLE SEPARATE MDPs: Utilize a single aggregate tabulation sheet covering all development within the entire Snowden Bridge project that reflects the accumulated planned development of all MDPs, and require that the tabulation sheet be updated by the developer with every MDP submission, confirming tabulation compliance prior to approving MDPs (and subsequent revisions). 11 tt\ GREENWAY ENGINEERING %47 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Brookfield Stephenson Village LLC Master Development Plan File No: 2760B Date October 12, 2010 To: FC Planning From: Evan Wyatt Attn: Eric Lawrence GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Eric, Please review the attached information and contact me if you have any questions or if you need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Please Print Name: Date: Timer L[ CCU ' 2 s GREENWAY ENGINEERING, ANC. { 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 October 11, 2010 Frederick County Attorney & Planning Departments Attn: Rod Williams, County Attorney Eric Lawrence, Planning Director 107 North Kent Street Winchester, VA 22601 RE: Stephenson Village (Snowden Bridge) Proffer Analysis Information Dear Rod and Eric: Brookfield Stephenson Village LLC desires to obtain Master Development Plan approval solely for acreage under their ownership in the Snowden Bridge Residential Planned Community. As you know, Frederick County has allowed for large-scale residential projects approved under a single rezoning application to be approved as smaller Master Development Plans that account for the acreage in individual property ownership. Examples of this include the Tasker Land Bays, which was ultimately approved as Master Development Plans for Autumn Glen, Canter Estates, The Camp and Old Dominion Greens, and Channing Drive, which was ultimately approved as Lynnhaven, Sovereign Village and Twin Lakes. It is my understanding that Frederick County is reviewing the approved Proffer Statement to determine if there are any proffered commitments that could become problematic as Brookfield Stephenson Village LLC continues to develop their property consistent with the previously approved Master Development Plan. Brookfield Stephenson Village LLC has directed Greenway Engineering to conduct a similar review of the approved Proffer Statement and provide a report to Frederick County to ensure that the County and Brookfield are on the same page. Therefore, please find attached a summary of our analysis of the Stephenson Village Residential Planned Community Proffer Statement and the proffered Community Design Modification Document for your information. It is requested that Frederick County review this analysis and confirm the accuracy of this information. Hopefully, this information is of assistance and can be utilized by the County Attorney's Office and the Planning Department when the Board of Supervisors is advised that the Snowden Bridge development is desired to be approved as smaller Master Development Plans that account for the acreage in individual property ownership. Sincerely,(/q'' r A . Evan yatt, AIC Greenway Engineering Cc: Rick Dengler, Brookfield Stephenson Village LLC Ty Lawson, PLC Lawson & Silek Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 wwwgreenwayeng.com Stephenson Village Residential Planned Community Proffer Statement & Community Design Modification Document Analysis Community Design Modification Document Modification #8 — Rezoning Procedure This modification was approved by the Board of Supervisors to eliminate the requirement for a Master Development Plan for the entire project during the rezoning process and allow for a proffered Generalized Development Plan to demonstrate general land use conformity for land bays within the rezoned area. The Generalized Development Plan (GDP) was approved at the same time as the rezoning and any development within the project will need to be in conformity with the GDP, which will be reviewed by the County when submittals for development of certain portions of the property are requested for development. Modification #9 — Master Development Plan This modification was approved by the Board of Supervisors to require a detailed Master Development Plan to reflect the acreage within the community that is planned for development by specific phase (and specific to the land mass being submitted at the time for review/approval by the County) and provide for an aggregate table of information to ensure development percentages identified on the proffered Generalized Development Plan are in compliance throughout the development of the project. Modification #6 — Phasing This modification was approved by the Board of Supervisors to require a detailed Master Development Plan for each development phase to ensure that a logical sequence of development occurs for the provision of roads, infrastructure, open space and recreational facilities. 2760B/EAW 1 10-12-10 Stephenson Village Residential Planned Community Proffer Statement General Provisions — Page 1 The last paragraph identifies that a Generalized Development Plan (GDP) is provided in - lieu of a Master Development Plan. The Master Development Plan is required for the portion of the site to be developed. Section 2A Phasing Plan Additional Proffer Payment — Page 2 This requires an assessment of the number of school children annually that could potentially increase the monetary contribution to Frederick County. This is assessed at the time of building permit issuance; therefore, this should not have a bearing on the Master Development Plan. Section 2A Phasing Plan Additional Proffer Payment — Page 3 The proffer requires the Applicant to reimburse Frederick County Public Schools for the cost in creating the annual school children report. Brookfield Stephenson Village LLC understands that they would be responsible for this cost should Frederick County Public Schools determine that this report was necessary as a result of the development within their acreage. Section 3A(2) Use, Density and Mix of Housing Type — Page 4 Brookfield Stephenson Village LLC owns approximately 212 acres of land that is under consideration for Master Development Plan approval. This falls within the tolerance level of 475 acres of mixed residential land use permitted in Land Bay 3 of which the 212 acres is a part. Section 3A(2)(1) Land Bay Breakdown — Page 5 The Master Development Plan for Brookfield Stephenson Village LLC proposes 525 single family detached units, 110 townhouse units and 30 multifamily units; therefore, this falls within the tolerance level of residential units identified in this section. Section 7A(1) Major Collector Road — Page 8 Brookfield Stephenson Village LLC has provided right-of-way dedication and bonded the four -lane improvements for the portion of Snowden Bridge Boulevard depicted on the 2760B/EAW 2 10-12-10 Master Development Plan. This allows for access to their entire property and would allow for land bays to the south to develop as well; therefore, this should not be an issue to the County. Section 7A(2) Interparcel Connections — Page 9 This requires the provision of interparcel connections between land bays when they are developed. This provision is consistent with requirements of the Frederick County Subdivision Ordinance. The Master Development Plan submitted by Brookfield Stephenson Village LLC provides for access to adjacent land bay parcels to the north and the east of their property within the Snowden Bridge development. To the extent that there is any additional concern, Brookfield Stephenson Village LLC can provide and record ingress/egress easements to guarantee access to adjoining land bays. Section 7C; 7D; 7E and 7F Transportation Enhancements — Page 10 These proffers require various improvements to Martinsburg Pike, Old Charles Town Road and Snowden Bridge Boulevard. The full build -out of the 212 acres owned by Brookfield Stephenson Village LLC will result in a projected average daily traffic volume of 5,929 trips, which is below the threshold for triggering these proffers. Nonetheless, Brookfield Stephenson Village LLC has preformed many of these proffered commitments to date including right and left turn lanes at the project entrance, right and left turn lanes on Old Charles Town Road the two-lane section of Snowden Bridge Boulevard. Section 9A Recreational Amenities — Page 13 Brookfield Stephenson Village LLC has identified a recreational center on the Master Development Plan that complies with the proffered condition and has bonded this facility; therefore, this should not be an issue with the County. Section 9C Pedestrian Trails — Page 14 Brookfield Stephenson Village LLC can agree to easements that allow for trail continuance to adjoining land bays to ensure that this is not a problem in the future. Section 12 Byers House — Page 16 To my knowledge, Brookfield Stephenson Village LLC has complied with this proffered condition through photo documentation of this structure before it was razed. 2760BlEAW 3 10-12-10 Section 16A(3)(a) Buffers and Conservation Easements — Page 20 This proffered condition has been addressed on the Brookfield Stephenson Village LLC Master Development Plan. Section 18 Water and Sewer Improvements — Page 23 The regional pump station has been developed and is operational and appropriately sized water and sewer lines have been developed as required by FCSA. 2760BfEAW 4 10-12-10 Eric Lawrence From: Eric Lawrence Sent: Tuesday, October 26, 2010 4:49 PM To: 'Evan Wyatt' Cc: Rod Williams Subject: Snowden Bridge proffer review Attachments: Analysis of Stephenson Village proffers.docx Evan - Attached are the proffered conditions from the Stephenson Village (aka Snowden Bridge) rezoning that warrant responsible party clarification prior to enabling the overall MDP to be divided among different development ownership interests. I suspect that there may already be contractual agreements between Brookfield and Stephenson Associates pertaining to some of the proffered commitments but the County is not party to those agreements so clarification on responsibilities may be appropriate. I've copied Rod but would note that he has not reviewed nor commented on this analysis. Let me know if you have questions or suggestions as to how your clients may wish to proceed. Thanks -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenca-co.frederick.va. us www. FrederickCountyVa.gov/Planning www.FrederickCountyVa.gov Analysis of Stephenson Village (aka Snowden Bridge) Proffers To Understand Potential Impact of Enabling Multiple MDPs to Reflect Various Ownership Interests Rezoning #06-03 October 26, 2010 This analysis has been conducted by the Planning Department staff in an effort to better understand the potential areas of conflict within the approved proffer statement and the design modification document that might exist if the Snowden Bridge project were divided into various Master Development Plans (MDPs) reflective of developer ownership interests. Of most concern are the proffered conditions whose implementation is tied to a: stated date, request of County Officials, or Vehicles Trips Per Day (VPD) threshold. These implementation triggers are global to the larger Snowden Bridge development and may not solely be the responsibility of the developer of an individual MDP. Generally, if a proffered condition is not being satisfied, the County could withhold further subdivision and zoning approvals until compliance is achieved. In the event that a proffered condition is not implemented and is not clearly linked to a particular MDP, it would be advantageous to have a clear line of responsibility so that the unaffected party is not held responsible for proffer compliance. These potential conflict areas are the impetus of this analysis. Below are the proffered conditions and design modifications document sections that warrant clarification and assignment of responsibility prior to enabling the overall Snowden Bridge development to be divided into various Master Development Plans (MDPs) reflective of developer ownership interests. Often a potential resolution of the proffer conflict may be achieved with the advanced payment of a proffered cash contribution; Other proffer conflicts may warrant additional discussions to identify appropriate resolutions. Page 2 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 Proffered Condition Sections and Topics of Potential Concern 112. PHASING PLAN TO MINIMIZE SUDDEN IMPACTS ON COUNTY SERVICES A. Additional Proffer Payment To ensure that unanticipated increases in Frederick County Public School population do not burden the county with extra costs, Frederick County may assess the Applicant to effectively double school related proffers for each student that exceeds a cumulative yearly total increase of 60 students per year.... This additional proffer payment will be provided to Frederick County by the Applicant within 30 days of receipt of the September 30 report produced by the Frederick County Public Schools." ISSUE: As written, this results in cash payments on a potential annual basis. Since the student count is linked to an annual calendar date, not a zoning or subdivision approval, which developer (presuming there are multiple MDPs each owned by different parties) will be responsible for the payment of these proffered funds? Assignment of responsibility should be clarified. "5. MATCHING FUNDS FOR TRANSPORTATION ENHANCEMENTS AND/OR HERITAGE TOURISM In consideration of the approval of rezoning application #06-03 the Applicant shall contribute $75,000 in matching funds to Frederick County to be utilized for transportation enhancement and/or for the promotion of heritage tourism. The money will be made available to Frederick County within 30 days of receipt of a written request for said funds by the Frederick County Board of Supervisors or their authorized agent." ISSUE: Who will make this proffered cash payment when there are various developers with various MDPs? Assignment of responsibility should be clarified. Page 3 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 116. MONETARY CONTRIBUTIONS TO CLEARBROOK VOLUNTEER FIRE AND RESCUE, INC. To further mitigate the impact on fire and rescue services, the Applicant will pay to Clearbrook Volunteer Fire and Rescue Inc., the sum of $200,000.00 for its general fund. This is over and above the monetary contributions to Frederick County Fire and Rescue identified in Section 4 of this proffer statement. The money will be payable as follows: $50,000.00 to be paid not later than nine months after zoning approval (payment received). $50,000.00 to be paid within thirty (30) days of the issuance of the 500th building permit in Stephenson Village but not later than December 31, 2008. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,000th building permit in Stephenson Village but not later than December 31, 2013. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,500th building permit in Stephenson Village but not later than December 31, 2018." ISSUE. Who will make this proffered cash payment when there are various developers with various MDPs? Assignment of responsibility should be clarified. 117. MULTIMODAL TRANSPORTATION IMPROVEMENTS D. The applicant will execute a signalization agreement with the Virginia of Transportation for the intersection of US Route 11 and Old Charles Town Road. Additionally, the Applicant will construct full size entrance improvements with both a right turn lane and left turn lane on Old Charles Town Road, and a right turn lane on US Route 11 at said intersection. These improvements will be installed in accordance with the Virginia of transportation design guidance when warranted by VDOT." ISSUE: These proffered improvements were designed to occur later in the development process once the project is underway, VPD had increased, and VDOT determined that warrants had been met to implement the improvement. Who will implement these improvements when there are various developers with various MDPs, all of which are contributing to the warrants for improvement? Assignment of responsibility should be clarified. Page 4 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 "E. The Applicant will execute a signalization agreement with the Virginia Department of Transportation for the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community. The Applicant will provide for the signalization at the intersection of Old Charles Town Road and the Major Collector Road based on the terms of this agreement when warranted by the Virginia Department of Transportation." ISSUE: These proffered improvements were designed to occur later in the development process once the project is underway, VPD had increased, and VDOT determined that warrants had been met to implement the improvement. Assignment of responsibility for implementation of proffer should be clarified. "F. The Applicant will design and construct a four -lane boulevard Major Collector Road for the Stephenson Village Community in substantial conformance with the proffered Generalized Development Plan. The Major Collector Road will be constructed in two phases. The first phase will be a two-lane half section that is constructed from Old Charles Town Road to the limits of the development as depicted on the approved Master Development Plan. The phase of the Major Collector Road will be constructed and bonded in segments in accordance with the approved Subdivision Design Plan for Stephenson Village. The second phase of the Major Collector Road will provide for the ultimate four -lane section with appropriate right and left turn lanes based on the following program: (1) The design of the transportation improvements identified in Section 7(F)2- 7(F)5 of this proffer statement will begin with 8-% of the actual traffic count volume is realized as identified in each Section. The completion of the improvements specified in each Section will occur within 18 months of initial design. (2) Once actual traffic counts of 7,996 vehicle trips per day have been document on the Major Collector Road, the Applicant will bond and commence construction of the additional lanes to the existing Major Collector Road to its ultimate four -lane section from Old Charles Town Road to the limits of the Major Collector Road within the development. (3) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of Page 5 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 a three -lane section of Old Charles Town Road, from the Entrance to Stephenson Village to US Route 11 using the existing bridge. (4) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a two lane half section of the Major Collector Road from the limits of the four -lane section to US Route 11 at the Rutherford Farm Industrial Park intersection to include right and left turn lanes on the east side of US Route 11 as determined by VDOT. (5) Once the actual traffic count at the southwestern entrance to Stephenson Village near the Rutherford Farm Industrial Park intersection reaches 7,996 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of the remaining additional lanes to the existing Major Collector Road from the limits of the four -lane section to provide for the ultimate four -lane section ending at the east side of US Route 11. ISSUE: Who will make these improvements when there are various developers with their own individual MDPs? How is the proffer implemented if a portion of the road has already been constructed (2-lane) through a portion of development that has been completed, and now additional development (possibly by a different developer) is planned that would trigger improvements (to 4-lane)? Each MDP will be responsible for showing the proffered improvements, but implementation of the road improvement will be triggered by the proffer. Is it appropriate for one developer to be responsible for constructing the road across another developer's MDP? Assignment of responsibility should be clarified. "G. The Applicant will provide $50,000 that shall be utilized as matching funds by VDOT and/or the County of Fredrick for future improvements to the Interstate 81/US Route 11 interchange at Exit 317. This dollar amount is intended to assist VDOT and the County of Frederick with this regional improvement. The $50,000 will be made available to VDOT or to the County of Frederick, within 30 days of written request for said funds by the appropriate party. ISSUE. Who will make this proffered cash payment when there are various developers with various MDPs?Assignment of responsibility should be clarified. Page 6 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 "13. COMMERCIAL CENTER The Applicant has identified an area as shown on the General Development Plan (Exhibit A) for a commercial center that will be developed at a time to be determined by the Applicant. Within the commercial center development, the following shall be provided: F. The Applicant has identified an area as shown on the General Development Plan (Exhibit A) for a commercial center. The development of 60,000 square feet of commercial space will begin within the commercial center no later than the issuance of the 1,200th non -age restricted residential building permit with the completion of this commercial space within 18 months. The Applicant will be allowed to extend the commencement of commercial construction for an additional two year period if any one of the following circumstances has occurred: An elementary school has not been constructed on the Property; or a building permit is obtained for the development of a new grocery store within a three mile radius of commercial center within Stephenson Village." ISSUE: While this Commercial Center is located on land not yet included in an approved MDP, the question remains: who is responsible for constructing the commercial center when there are various developers with various MDPs? If the residential developer(s) has no interest in a commercial center, how would the proffer be satisfied? Assignment of responsibility should be clarified. Page 7 Analysis of Stephenson Village (aka Snowden Bridge) Proffers October 26, 2010 Community Design Modification Document Section and Topic of Potential Concern "MODIFICATION #9 §165-13313 Master development plan, contiguous land §165-141A(8) Master development plan, contents §165-141B(2);(4);(8) Master development plan, R4 contents Alternative Desien Standard The provision of a detailed Master Development Plan for Stephenson Village that is designed to reflect the acreage within the community that is planned for development by specific phase and provides an aggregate tabulation of all required development percentages to ensure that the requirements of the R4 District and the proffered Generalized Development Plan are met throughout the development of the Stephenson Village community. ISSUE: Maintaining an accurate aggregate tabulation of all required development percentages to ensure that the required R4 District and the proffered GDP are met will be difficult when there are multiple MDPs. This Modification was designed to enable the detailed MDP to be grown as the project progressed, as opposed to the crafting of a single MDP at time of rezoning consideration, and utilize the aggregate tabulation to track proffer and ordinance compliance. Tracking compliance will be difficult if various MDPs are progressing concurrently. POTENTIAL RESOLUTION TO ENABLE SEPARATE MDPs: Utilize a single aggregate tabulation sheet covering all development within the entire Snowden Bridge project that reflects the accumulated planned development of all MDPs, and require that the tabulation sheet be updated by the developer with every MDP submission, confirming tabulation compliance prior to approving MDPs (and subsequent revisions). Page 10 September 3, 2003 B. The applicant has acquired easements and/or rights of way over the properties currently owned by McCann and Omps for the purpose of dedicating and constructing the Major Collector Road and for improvements along the south side of Old Charles Town Road from Route 11 north to the CSX railroad. The Applicant will acquire any additional rights -of -way and/or easements for all off -site transportation improvements proffered hereinafter. In the event the Applicant is not able to acquire any of the said rights -of -way and/or easements, Frederick County agrees to attempt to acquire such rights -of -way and/or easements by appropriate eminent domain proceedings at the, - request of Applicant and Applicant shall be responsible for all payments made to property owners for fights -of -way and/or easements so acquired. In the event that neither the Applicant nor Frederick County successfully obtains the required rights -of -way or easements for the offsite transportation improvements as required by the traffic study, the Applicant shall be permitted to continue with the development as proposed without any further requirement of right-of-way or easement acquisition or improvement. C. The Applicant will install full size entrance improvements with right and left turn lanes, in accordance with Virginia Department of Transportation design guidelines, at the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community during the first phase of development. �c D. The Applicant will execute a signalization agreement witl the Virginia Department of\�S�-a��71 Transportation for the intersection of U.S. Route I I and Old Charles Town Road. Additionally, thel-3o Applicant will construct full size entrance improvements with both a right turn lane and left turn lane� \ on Old Charles Town Road, and a right turn lane on U.S. Route 11 at said intersection. These ; improvements will be installed in accordance with the Virginia Department of Transportation design guidelines when warranted by VDOT. E. The Applicant will execute a signalization agreement with the Virginia Department of (� Transportation for the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community. The Applicant will provide for the9 signalization at the intersection of Old Charles Town Road and the Major Collector Road based ono to the terms of this agreement when warranted by the Virginia Department of Transportation. F. The Applicant will design and construct a four -lane boulevard Major Collector Road for the Stephenson Village Community in substantial conformance with the proffered Generalized Development Plan. The Major Collector Road will be constructed in two phases. The first phase will be a two-lane half section that is constructed from Old Charles Town Road to the limits of the development as depicted on the approved Master Development Plan. This phase of the Major Collector Road will be constructed and bonded in segments in accordance with the approved Subdivision Design Plan for Stephenson Village. The second phase of the Major Collector Road will provide for the ultimate four -lane section with appropriate right and left turn lanes based on the following program: i..1 �f �'S f� �s�� �a �• (1) The design of the transportation improvements identified in Sections 7(F)2- 7(F)5 of this proffer statement will begin when 90% of the actual traffic count volume is Page 11 September 3, 2003 realized as identified in each Section. The completion of the improvements specified in each Section will occur within 18 months of initial design. (2) Once actual traffic counts of 7,996 vehicle trips per day have been documented on the Major Collector Road, the Applicant will bond and commence construction of the additional lanes to the existing Major Collector Road to its ultimate four -lane section from Old Charles Town Road to the limits of the Major Collector Road within the development. (3) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a three -lane section of Old Charles Town Road, from the Entrance to Stephenson Village to U.S. Route I I using the existing bridge. (4) Once the actual traffic count reaches 17,699 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a two lane half section of the Major Collector Road from the limits of the four -lane section to U.S. Route I 1 at the Rutherford Farm Industrial Park intersection to include right and left turn lanes on the east side of U.S. Route I I as determined by VDOT. The Applicant agrees to enter into a signalization agreement with VDOT at the U.S. Route I I/Rutherford Farm Industrial Park intersection if traffic signalization is not otherwise provided at that time. Traffic counters will be installed at the southwestem entrance to Stephenson Village on the property as part of this improvement. (5) Once the actual traffic count at the southwestem entrance to Stephenson Village near the Rutherford's Farm Industrial Park intersection reaches 7,996 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of the remaining additional lanes to the existing Major Collector Road from the limits of the four -lane section to provide for the ultimate four -lane section ending at the east side of U.S. Route 11. G. The Applicant will provide t50�000 that shall be utilized as matching funds by N DOT and/or the County of Frederick for future improvements to the` Interstate 8IIU.S. Route ] 1 interchange at Exit 317. This dollar amount is intended to assist VDOT and the County of Frederick with this regional improvement. The $50,000 will be made available to VDOT or to the County of Frederick, within 30 days of written request for said funds by the appropriate party. 8. SCHOOL AND BALLFIELD SITES COMMUNITY FACILITIES AND PUBLIC USE AREAS: A. School Site: The Applicant shall dedicate 20 acres of land to the Frederick County School Board for use as a public school site which shall count towards the overall Page 12 September 3, 2003 open space requirement for the development. Said site will occur within the general location identified as Land Bay I on the Generalized Develop_ meet Plan (Exhibit A), adjacent to Old Charles Town Road, which will allow direct access to the site for citizens living outside of Stephenson Village. The Applicant will allow access for Stephenson Village residents to the site from a local neighborhood street, and will provide access to water and sewer at a point reasonably acceptable to the School Board of Frederick County, Virginia, along the property boundary, at the time the adjacent land bays are developed. The Applicant shall convey said school site not later than six months after it is requested by Frederick County or its designee in writing, at no cost. B. Soccer and Baseball Field Site: (1) The Applicant shall dedicate 24 acres of land to Frederick County or such other entity as Frederick County designates and as more specifically set forth below which, when combined with school ball fields, will be used for 6 soccer fields and 6 baseball fields as shown on the layout for School/Park Site (Exhibit C, graphic for illustrative purposes only), which shall count towards the overall open space requirement for the development. Said site will occur within the general location identified as Land Bay H on the Generalized Development Plan (Exhibit A), adjacent to Old Charles Town Road, which will allow direct access to the site for citizens living outside of Stephenson Village. The Applicant will allow access for Stephenson Village residents to the site from a local neighborhood street and will allow access to water and sewer at a point reasonably acceptable along the property boundary, at the time the adjacent land bays are developed. The Applicant shall convey said soccer and baseball field site, not later than six months after it is requested by Frederick County or its designee in writing, at no cost. (2) Frederick County at its sole discretion may convey or lease its ownership interest in the soccer and baseball field sites to a corporation, trust or other entity which incorporates the direction of both the public and private sectors to provide recreation opportunities for the public. C. At the time the school and soccer and baseball fields sites are deeded to the County, the Applicant shall provide, at the Applicant's expense, a boundary survey and shall stake the corners of each site. Before Frederick County assigns or conveys any ownership interest in the Property conveyed herein by the Applicant to any third party, including, but not limited to the School Board of Frederick County, Virginia, the third party will execute an agreement in recordable form which is satisfactory to the applicant which will provide and confirm that said third parry agrees to be bound by the provisions of this Proffer Statement, including, but not limited to, provisions governing the use of the Property to be conveyed and also the application of all restrictive covenants governing the use of the Property and the construction of improvements upon it. By executing this Proffer Statement, Frederick County also agrees to be bound to and comply with the same. Page 13 Septernber 3, 2003 D. Notwithstanding the potential uses of the parcels referenced in subparagraphs A and B above, the Frederick County Board of Supervisors shall have flexibility to determine the speck use located within each land bay dedicated for public use purposes, provided that said uses are one of those listed in subparagraphs A and B. Any other similar types of public uses shall be permitted only with the consent of the Applicant and provided that the use is of an architectural style and uses construction materials that are consistent with the restrictive covenants recorded against the property conveyed. Furthermore, the Frederick County Board of Supervisors agrees that if the public purposes are not constructed or installed, completed and in use on the parcels which are identified in subparagraphs A and B above within ten years of the conveyance from the Applicant, said properties may be purchased by the Applicant for the land value specified in §4 of this proffer statement. The Frederick County Board of Supervisors hereby instructs and empowers its County Administrator to execute such other deeds or documents, which shall be required to effect the terms of this provision. E. The Applicant reserves the right to retain temporary and permanent grading, slope, utility, drainage, storm water management and access easements on all public use parcels which are dedicated to the Frederick County Board of Supervisors or the School Board of Frederick County, Virginia, provided said easements do not preclude reasonable use and development of the property for the intended purpose. 9. RECREATIONAL AMENITIES AND LINEAR PARK: A. ` Recreational Center The Applicant shall construct one (1) recreation center within the Land Bay identified as Land Bay III as shown on the Generalized Development Plan (Exhibit A), for the use of the residents of the Property and as determined by the Home Owners Association. The Applicant shall have the sole and n absolute right to determine within said land bay, where the facility shall be located. The Applicant ae shall designate the location of the above facility on the Master Development Plan. The recreational 1� Yip center shall include a bathhouse and a 6-lane, 25-meter competition swimming pool. The facility `0u will be fully bonded prior to the issuance of the first building permit. Work on this facility shall Eby commence prior to the issuance of the 250te non -age restricted building permit and be completed _b" prior to issuance of the 900n' building permit for the non -age restricted housing products. B. Active Adult Recreational Center The Applicant shall construct one (1) recreation center within one of the Land Bays identified as shown on the Generalized Development Plan, for the private use of the residents of the Active Adult Community. This facility will be fully bonded prior to the issuance of the first building permit in the Active Adult Community. Work on this facility shall commence prior to the issuance of the 15& building permit and be completed prior to issuance of the 350ffi building permit in the Active Adult Community. Page 14 September 3, 2003 C. Pedestri an Trail Sidewalk Svstem The Applicant shall construct a pedestrian trail or sidewalk system, which connects each recreation area to the surrounding neighborhood. The final location and the granting of any such easements and/or trails shall be at the subdivision design plan stage. Such trails or sidewalk system shall be constructed of stone dust or wood chips or such other materials selected by the Applicant provided they are not part of the sidewalk system within the public right-of-way. D_ Linear Park Trail A twenty -foot (20') wide trail easement shall be dedicated to Frederick County Parks and Recreation. The location is to be deterrnined by the Applicant and a trail system plan shall be submitted by the Applicant for evaluation by the Frederick County Parks and Recreation Department. The trail shall be provided within the Hiatt Run Corridor and run the length of said corridor on the subject property for 3,900 +1- linear feet as shown on the proffered General Development Plan (Exhibit A). The Applicant shall convey said easement after development of adjoining parcels, or reasonable access is provided, and not later than six months after it is requested by Frederick County Parks and Recreation in writing at no cost to Frederick County or Frederick County Parks and Recreation. Any area so dedicated shall be included in the calculation of required open space, and shall entitle the Applicant to recreational credit units for the value of the construction of the trail and dedicated land. The Applicant reserves the right to retain temporary and permanent grading, utility, sewer force main, slope, storm water management, construction and drainage easements within said dedicated area, although only temporary easements shall be retained as needed for the construction by the Applicant of the six-foot wide asphalt or concrete trail described herein. The asphalt or concrete trail at the discretion of the Frederick County Parks and Recreation Department may be changed to other surface materials in an effort to promote low impact development techniques. Construction of said trail by the Applicant is contingent upon the proposed trail being allowed by all applicable County and State ordinances, and limitations due to terrain and cons tnictability considerations. In the event that the public linear park trail is unable to be constructed due to County or State ordinances, the Applicant shall develop the linear park trail as a private trail system for the use of the residents of Stephenson Village. This private linear park trail shall count towards the open space and recreational amenities requirements for Stephenson Village and will be constructed of similar materials and standards identified in section 9C of this proffer statement. 10. ACTIVE ADULT AGE -RESTRICTED HOUSING A. Applicant agrees that the following language shall be included in the deeds conveying real property designated as age -restricted housing on that portion of the property. At least eighty percent (£0 io) of the occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and within such units the following conditions shall apply: Page 15 September 3, 2003 (1) All other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. Notwithstanding this limitation, a person hired to provide live-in, long term or terminal health care of a person who is fifty-five (55) years of age or older for compensation shall also occupy a dwelling during any time such person is actually providing such care. (2) Guests under the age of fifty-five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. (3) If title to any lot or unit shall become vested in any person under the age of fifty-five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or reversion of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty-five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shalt be allowed to continue to occupy a dwelling unit without regard to age. B. A maximum of twenty percent (20%) of the occupied age -restricted residential units shall be allowed to be occupied by at least one person fifty (50) years of age or older and within such units the following conditions shall apply: (1) All other residents must reside with a person who is fifty (50) years of age or older, be a spouse, a cohabitant, an occupant's child eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty (50) years of age or older. Notwithstanding this limitation, a person hired to provide live-in, long term or terminal health care to a person who is fifty (50) years of age or older for compensation shall also occupy a dwelling during any time such person is actually providing such care. (2) Guests under the age of fifty (50) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. (3) If title to any lot or unit shall become vested in any person under the age of fifty (50) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenant shall not work a forfeiture or reversion of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty (50) or otherwise satisfied the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. Page I6 September 3, 2003 (4) The above -described use restrictions shall be amended from time to time in accordance with applicable local and state regulations governing age restricted housing and the Federal Fair Housing Act so long as the substantive intent as set forth herein is maintained. In no event shall the minimum age of residents be less than the ages set forth hereinabove. C. Applicant agrees that the language in this Section or such other language as may be necessary to comply with the requirements to qualify as Housing for Older Persons under the Federal Fair Housing Act and the Fair Housing Act of Virginia shall be included in the deeds conveying real property designated as age -restricted on that portion of the property. 11. AFFORDABLE HOUSING FOR THE ELDERLY: Subject to the provisions of this proffer statement, the Applicant will develop and build apartment units to provide much needed affordable housing for the elderly. The Applicant will comply with the necessary requirements to qualify these apartment units for the "Housing for Older Persons" exception to familial status discrimination as allowed under the Federal Fair Housing Act and the Fair Housing Act of Virginia. The construction of these apartment units will begin after at least 50 percent of the retail space has been developed, provided that the approval of appropriate federal and state housing authorities is obtained, and the project qualifies for the Multi -Family Loan Program and the Low Income Housing Tax Credit Program or equivalent. In the event that funding for the affordable housing for the elderly is not obtained, the Applicant proffers to reapportion those units to the active adult community housing units. 12. PRESERVATION OF HISTORICAL AND CULTURAL RESOURCES: A. Byers house: The Byers house will be preserved as deemed appropriate by the Applicant. B. Cemeteries: Prior to commencement of any earth disturbing activity in any section of the Property, the applicant shall mark and identify any cemeteries which maybe located there. In the event any onsite cemeteries are found, the applicant shall preserve those cemeteries in accordance with all County and State regulations. 13. COMMERCIAL CENTER: The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center that will be developed at a time to be determined by Applicant. Within the commercial center development, the following shall be provided: A. The Applicant shall provide for all turn lanes and traffic signalization on the Major Collector Road serving the commercial center as warranted by VDOT. The Page 17 September 3, 2003 Applicant shall conduct traffic impact analysis studies for each commercial site plan submitted to Frederick County that will be reviewed and approved by VDOT to determine when these improvements are warranted. A traffic signalization agreement will be executed with VDOT by the Applicant to ensure that commercial uses developed prior to the warrants for traffic signalization contribute their pro-rata share for this improvement. B. The Applicant shall record architectural and design restrictive covenants for the commercial center and shall submit a copy to the Frederick County Planning Director and the Frederick County Building Official with the first site plan within the commercial center. Said covenants shall provide for the establishment of an architectural review board for the purpose of review and approval of all architectural elevations and signage for all commercial uses to assure a continuity of overall architectural appearances within the entire commercial development. C. The Applicant shall ensure that all commercial site plans submitted to Frederick County for the commercial center are designed to implement best management practices (BMP) to promote storm water quality measures. A statement will be provided on each commercial site plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. D. The areas within the commercial center that are not required to be graded or cleared for the implementation of all approved site plans will remain undisturbed. One-way travel aisles will be utilized where practical to reduce the impervious areas of parking lots within the commercial center. E. The Applicant shall provide for a maximum of 250,000 square feet of commercial land use in Stephenson Village. The majority of the commercial land use will be located within the commercial center identified on the Generalized Development Plan (Exhibit). The development of smaller areas of commercial land use will be allowed in other areas of Stephenson Village. These commercial land use areas will be provided on the detailed Master Development Plan associated with the development of Stephenson Village. F. The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center, The development of 60,000 square feet of commercial space will begin within the commercial center no later than the issuance of the 1,200`h non -age restricted residential building permit with completion of this commercial space within 18 months. The Applicant will be allowed to extend the commencement of commercial construction for an additional two year period if any one of the following circumstances has occurred: An elementary school has not been constructed on the Property; or a building permit is obtained for the development of a new grocery store within a three mile radius of commercial center within Stephenson Village. Page 19 14. RENT FREE COUNTY OFFICE SPACE: September 2003 The Applicant shall provide up to 2,500 square feet of shell space for a 10 year period rent free exclusive of utility and common area maintenance (CAM) charges in the commercial center for the location of a Public Service Satellite Facility for Frederick County. The shell space shall be made available and commence upon the completion of the base building in which the space is located. Frederick County must complete build out and occupy the space within two (2) years of the completion of the base building. If Frederick County fails to build out and occupy the space within the two (2) year period then the space will revert to the Applicant. 15. CON MUNITY DESIGN FOR A STRONG SENSE OF PLACE: A. Design The Applicant agrees to provide an overall continuity of design within the community by means of selecting standards for the following elements, which will be uniformly specified and applied over the entire project: • Custom fixture street lighting program. • Custom mailbox design • Standardized common area fencing style and color • Standardized private residential fencing styles and color • Community color selections to create neighborhood theme • Uniform site furnishing selection (benches and trash receptacles) • Custom designed street signage and stop signage • Landscaping at the entrance monuments, along the collector road buffers and within the medians selected to provide for a repetition of the neighborhood flower color scheme and theme trees throughout the community The Applicant agrees to utilize innovative design techniques and quality design for the recreational center and bathhouse, common area landscaping, site design, and architectural design. B. Architecture (1) The architectural styling of Housing Unit Types I through 4 shall be constructed in accordance with the Housing Unit Types Exhibit(s) proffered herein. Housing Unit Types 5 and 6 shall be compatible with Housing Unit Types l through 4. (2) Access to garages by the use of alleys shall be allowed on Housing Unit Types I (Carriage House), 3 (Cottage House), 5 (Modified Single -Family Small Lot, and 6 (Modified Townhouse). Page. 19 September 3, 2003 (3) Specific architectural elements that are allowed on Housing Unit Types, to include Housing Unit Types 5 and 6 shall include, but are not limited to, the use of peaked roofs, gables, chimneys, balconies or decks, porches and/or garages. C. Housing Unit Type 3 (Cottage House) and Unit Type 4 (Courtyard Cluster) (1) Decks and Patios All deck planks shall be Class I (A) fire rated composite lumber or approved equal of a standardized color to be selected by the Applicant. A maximum of two styles of deck railing shall be used on all decks and shall be made of the same composite lumber and the same matching color selection. (2) Fire Protection System Courtyard Cluster and Cottage houses will have a I3-D sprinkler system in the home and the garages. D. Li-hting Any exterior lighting of individual homes or common use recreation areas shall be directed downward and inward on the site to reduce glare on adjacent properties, the public and/or private right-of-way, and upward stray illumination. E. Architectural and Design Covenants Stephenson Associates, L.C. shall develop architectural and design covenants for the overall community. Said covenants will establish an architectural review board for the purpose of review and approval of all architectural elevations, exterior architectural features (fences, railings, walls and decks) for all uses within Stephenson Village, as well as any publicly provided structures located on sites dedicated for public use. These covenants are intended to assure a continuity of overall architectural appearance, quality material selection, and a cohesive color palate for all structures within the entire development. 16. ENVIRONMENTAL FEATURES AND HABITAT PRESERVATION: A. Environmental Features and Easements: (1) Significant wildlife habitats shall be identified and preserved by the Applicant with technical assistance from the Virginia Department of Game and Inland Fisheries (VDGIF). Wildlife or bird habitats shall be further Page 20 September 3, 2003 enhanced by providing native plantings selected to encourage feeding areas while reestablishing forest in and around environmentally sensitive areas. (2) The Applicant shall limit the clearing and grading on each lot to the area needed for structures, utilities, access and fire protection to maximize tree save areas. (3) Unbuildable wetlands, unbuildable floodplains, and unbuildable steep slopes shall be designated and shall be subject to the following: (a) Grading- Protection of steeply sloped areas will be provided by the Applicant as follows: clearing and grading will not occur on any slopes of twenty five percent (25%) or greater, except for trails, road crossings, utilities, drainage and storm water management facilities. (b) Floodplain Areas: Development within floodplain areas shall be limited to the public Linear Park Trail system to include the trail, pedestrian bridges, benches and signage. (c) Buffers and Conservation Easements: (1) Buffer and Conservation Easements: A one -hundred foot (100) wide nondisturbance buffer shall be provided outside of any platted lot immediately adjacent to Hiatt Run and the Wetlands Intermittent Ravine Channel. (ii) Conservation Easements/Floodplain: A twenty -foot (20) wide buffer shall be provided outside of any platted lot immediately adjacent to the 100-year floodplain. The ten feet (10) adjacent to the floodplain shall be undisturbed. The ten feet (10) adjacent to the lots may be disturbed and, if disturbed, shall be re -vegetated by planting trees equal to the number of trees in excess of six inches (6") caliper removed by the disturbance, OR at the rate of 50 (2" caliper) trees per acre of disturbance, at the option of the Applicant. (iii) The above disturbed and undisturbed buffers as well as conservation easements not located within a platted lot and/or parcel shall be part of the common areas owned by the Homeowners Association(s). Covenants to be created as part of the Homeowners Association(s) documents shall provide for maintenance of said areas by the Homeowners Association(s). (4) Resource protection areas are identified for the Hiatt Run Corridor and the Wetlands Intermittent Ravine Channel that are further identified an the Generalized Development Plan. These resource protection areas contain various environmental features and provide different resource management plans for their treatment and protection by the Applicant. Page 21 September 3, 2003 B. Hiatt Run Corridor: (1) The Hiatt Run Corridor shall be considered a resource protection area. Clearing and grading by individual lot owners is prohibited within this zone. (2) A one -hundred foot (IOD') foot non -disturbance buffer shall be provided outside of any platted lot adjacent to the Hiatt Run Corridor and shall serve as the clearing limit for all lots that border the Hiatt Run Corridor as measured from the center line of the stream. (3) A minimum buffer of twenty feet (20') shall border all wetland preservation areas. Clearing and grading by individual owners is prohibited withinn this buffer. (4) Native plants and cluster trees will be preserved and/or reforested in accordance with the Forest Management Plan along the south side of the Hiatt Run Corridor. (5) WildIife or bird habitats will be further enhanced by providing native plantings selected to encourage feeding areas while reestablishing forest in and around environmentally sensitive areas including steep slopes, woodlands and flood plain areas along the north side of the Hiatt Run Corridor, The planting plan along the north side of the Hiatt Run Corridor will be created with technical assistance from VDGIF and the Lord Fairfax Soil and Water Conservation District. C. Wetlands Intermittent Ravine Channel: The Wetlands Intermittent Ravine Channel shall be considered a resource protection area. Restrictive covenants recorded against the property will provide that clearing and grading by individual lot owners is prohibited within this zone. The Wetlands Intermittent Ravine Channel will be further enhanced, by providing native plantings, to establish an upland buffer. The planting plan for this upland buffer will be created with technical assistance from VDGIF and the Lord Fairfax Soil and Water Conservation District. D. Forest Management Plan: (1) The Forest Stewardship and Management Plan will be created with technical assistance from the Department of Forestry. Native plants and cluster trees will be preserved and/or reforested in accordance with the Forest Management Plan. Page 22 September 3, 2003 (2) Existing ponds will be identified and, if beneficial and appropriate, shall be used as storm water management facilities. In addition, the Applicant shall establish additional ponds on the site wherever possible and in such locations as the Applicant directs. The ponds shall be located and designed to promote water infiltration on the site. A minimum area of twenty feet (20') wide surrounding each such pond shall be developed as a park setting. (3) The Forest Management Plan will be created with technical assistance from the Department of Forestry. E. Environmental Utility/ Road Impacts - Construction of utilities, roads, trails, bio-retention areas, or wetlands creation shall be allowed within the environmental features listed in § 16A-§ 16D of this proffer statement. Any construction of the above listed items will use low impact construction methods such as 90-degree crossings, minimal soil, and tree disturbances. When linear utility impacts such as force mains or transmission lines are required low impact construction techniques will be utilized. F. Implementation of Enhancements and Amendments The Applicant shall provide the location of the resource protection areas as a component of the Master Development Plan. Information pertaining to proposed enhancements and amendments to the resource protection areas shall be included as narratives of the Master Development Plan to ensure that these treatment measures will be implemented. 17. COMMUNITY CURBSIDE TRASH COLLECTION: A. The Applicant shall see that the properties within Stephenson Village shall be serviced by a commercial trash pickup and waste removal service. Said service shall provide curbside trash removal unless otherwise provided by Frederick County, for all residential uses and dumpster disposal for all high -density residential uses and commercial uses. Waste and trash removal services shall not dispose of trash and waste at any Frederick County Citizen Convenience Center. The Applicant shall be relieved of its obligations to see to the performance of this Proffer by assigning all of its obligations to a Homeowners Association for any portion or all of the development. B. Notwithstanding the above, Applicant shall locate dumpster sites as unobtrusively as possible. The area immediately surrounding each dumpster site shall be planted with vegetation similar to or identical to that planted in the median open vegetated areas, including, but not limited to, deciduous trees and evergreen shrubbery in addition to the required fence and gate enclosure. Page 23 September 3, 2003 18. WATER AND SEWER IMPROVEMENTS IN THE STEPHENSON AREA: A. The Applicant shall dedicate land to be utilized for the location of a regional pump station as determined by the Frederick County Sanitation Authority (FCSA) in an area that is mutually agreed upon by both parties. B. The Applicant shall construct a pump station in conformance with the Frederick County Sanitation Authority Route 1 I North Sewer and Water Service Area Plan as required to serve the Property and shall dedicate the pump station to the Frederick County Sanitation Authority (FCSA) for operation and maintenance. The pump station shall be constructed and operational prior to the first occupancy permit in Stephenson Village. C. The Applicant shall construct water and sewer lines in conformance with the Frederick County Sanitation Authority Route I 1 North Sewer and Water Service Area Plan as required to serve all private land uses within Stephenson Village and shall dedicate the applicable water and sewer lines to FCSA for operation and maintenance. Furthermore, the applicant shall provide water and sewer lines of adequate size to the property line for all publicly dedicated properties. 19. COMPREHENSIVE PLAN CONFORMITY: By accepting and approving this rezoning application, the Frederick County Board of Supervisors authorizes the Iocation and provision of those public uses and facilities specifically referenced on the Generalized Development Plan, in this Proffer Statement, and the extension and construction of water and sewer lines and facilities and roads necessary to serve this Property pursuant to the Virginia Code Section 15.2-2232 and the Frederick County Code. The general area of location for these uses and facilities are as shown on the Generalized Development Plan with the exact locations to be determined based on final engineering and as approved by Frederick County. Acceptance of this Proffer Statement constitutes approval of the public uses and facilities and their general locations and thereby accepts said uses and facilities from further Comprehensive Plan conformity review. 20. CREATION OF HOMEOWNERS ASSOCIATION(S): A. Creation of Association(s) A homeowners association or more than one homeowners association ("HOA' } shall be created and shall be made responsible for the review and approval of all construction within the development to insure that all design standards for the Stephenson Village Development are saisfied and for the maintenance and repair of all common areas, together with such other responsibilities, duties and powers as are customary for such associations or as may shall be required for such HOA herein. Page 24 B. Additional Responsibility September 3, 2003 In addition to such other responsibilities and duties as shall be assigned; the HOA shall have title to and/or responsibility for: (1) All common open space including storm water facilities areas not otherwise dedicated to public use or maintained by commercial entities. (2) Common buffer areas located outside of residential lots. (3) Residential curbside trash collection. 21 _ PROFFERED HOUSING TYPES: The following plan(s), exhibit(s) and Housing Unit Types are proffered herein. Each maybe altered at the time of final engineering and equivalent Housing Unit Types may be substituted with the approval of the Director of Planning or his/her designee. Any existing or future Housing Unit Type, which is permitted under the R4 Residential Planned Community District, may also be utilized. Housing Unit Types Exhibit(s) prepared by The Land Planning and Design Group, Inc. dated December 2002, listed below and attached hereto as Exhibit B (graphic for illustrative purposes only). The minimum design standards for the following housing types are summarized and listed on the attached chart prepared by Land Planning and Design Group, Inc., dated March 2003 and referred to as Exhibit E — Minimum Design Standards. "Housing Unit Type 1" (Carriage House): Carriage House Illustrative Carriage House Typical Carriage House Landscape Typical "Housing Unit Type 2" (Non -Alley Carriage House): Non -Alley Carnage House Illustrative Non -Alley Carriage House Typical Non -Ailey Carriage House Landscape Typical "Housing Unit Type 3" (Cottage House): Cottage House Illustrative Cottage House Typical Cottage House Landscape Typical Page 25 September 3, 2003 "Housing Unit Type 4" (Courtyard Cluster): Courtyard Cluster Illustrative Courtyard Cluster Typical Courtyard Cluster Landscape Typical "Housing Unit Type 5" (Modified Single Family Detached Lot): Modified Single Family Detached Lot Typical "Housing Unit Type 6" (Modified "Townhouse" Attached Dwelling): Modified "Townhouse" Attached Dwelling Typical "Housing Unit Type 7" (Elderly Housing Dwelling): Elderly Housing Dwelling Specifications Elderly Housing Dwelling Illustrative Elderly Housing Dwelling Specifications and Illustrative Design provided in Community Design Modifications Document Other housing types shall be added, if approved, by Frederick County. 22. STREETSCAPE DESIGN AND LANDSCAPING: A. The Applicant shall provide landscaped areas on both sides of the Major Collector Road as illustrated on the attached Exhibit D (Typical Major Collector Road Section) dated March 2003 and in accordance with the following: (1) The landscaped area described above is designed to be a scenic urban linear park, which shall contain woodland conservation areas_ (For purposes of this Proffer, a woodland conservation area shall be defined as an area designated for the purpose of retaining land areas predominantly in their natural, scenic, open or wooded condition.)The woodland conservation area shall have a varying width of no less than fifteen feet. Woodland conservation areas shall be provided where feasible based upon final engineering and design of the development. The Applicant shall provide, within the landscaped area, a mixture of deciduous and evergreen trees, to include native types of trees originally found in this area and replacing any trees removed during development. Such trees shall be planted at the minimum rate of one tree every 40 Iinear feet along the roadway frontage and shall be planted in clusters rather than a linear pattern. Page 26 September 3, 2003 (2) The minimum planting standard for street landscaping or landscaped areas/woodland conservation areas shall be a mixture of deciduous trees, ornamental trees, evergreen trees, and shrubbery. At the Applicants option, trees and shrubs shall be planted in clusters and shall be planted at an equivalent rate of ten plant units per 40linear feet of collector street roadway frontage. The plant unit credits are determined as follows: Shade Trees (2" min. caliper) = 10 plant units, Ornamental trees (1.5" minimum caliper) = 5 plant units, Evergreen trees (6' min. height) = 5 plant units, Shrubs (18" minimum height) = 2 plant units. B. The Applicant shall have the option of utilizing landscaped central islands within cul- de-sacs. When landscaped islands are utilized a twenty-eight foot (28') foot paved area shall be provided to accommodate on -street parking and travel aisles. C. Where conditions permit, vegetated open channels shall be used in street right-of- ways for storm water runoff, instead of curb and guttering. D. To the extent possible, stone fines or wood chip trails/paths shall be used instead of asphalt trails/paths. Where practical, such trails/paths shall be located on only one side of each interior road provided sidewalks are not required or practical within the adjacent road right -of' -way. 23. COIYLMUNITY SIGNAGE PROGRAM: A. The Applicant reserves the right to construct community entry features including a monument style sign at the entrances to the development in accordance with the following parameters: Such signage shall not exceed two signs per intersection, one occurring on either side of the entrance. The sign panel area shall not exceed 65 square feet per sign, and shall be attached to a wall not to exceed 8 feet in height, excluding piers, which shall be 9.25 feet in height. The wall supporting the signage will not be included in the allowable square footage for the sign panel. B. The Applicant reserves the right to construct neighborhood entry features including a monument style sign at the entrance to each neighborhood in accordance with the following parameters: Such signage shall not exceed two signs per intersection one occurring on either side of the entrance. The sign panel area shall not exceed 40 square feet per sign, and shall be attached to a wall not to exceed 7 feet in height, excluding piers, which shall be 8.25 feet in height. The wall supporting the signage will not be included in the allowable square footage for the sign panel- C. Commercial freestanding business signs shall be monument style with similar design and materials as the community entry feature signs. These commercial freestanding business signs shall be no more than 2.0' in height measured from the base and shall be spaced a minimum of 100 feet apart. Page 27 SIGNATURE PAGE September 3, 2003 The conditions set forth herein are the proffers for Stephenson Village and supercede all previous proffer statements submitted for this Development. Respectfully submitted, Stephens4Assiat , L.C. By: onald Shockey, Jr. FILE COPY Subscribed and swom before me this 8th day of Sept__, 2003. Susan D. Stahl (Typed Name of Notary) My Commission Expires: 4-30-2004 Notary Pub is Page 28 September 3, 2003 SIGNATURE PAGE ACCEPTED BY THE COUNTY OF FREDERICK Name: Title: Subscribed and sworn before me this day of 2003. (Typed Name of Notary) My Commission Expires: Notary Public REVIEWED AND ACCEPTED BY THE FREDERICK COUNTY ATTORNEY M Name: Title: Subscribed and sworn before me this day of , 2003. (Typed Name of Notary) My Commission Expires: Notary Public AMENDMENT 8 FILE copy Action: PLANNING COMMISSION: August 20, 2003 - Recommended Approval BOARD OF SUPERVISORS: September 24, 2003 - 0 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-03 FOR STEPHENSON VILLAGE WHEREAS, Rezoning #06-03 of Stephenson Village, was submitted by Greenway Engineering, to rezone 794.6 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District. This property is located east of Milburn Road (Route 662), south of Old Charles Town Road (Route 761), and southwest of Jordan Springs Road (Route 664), approximately 2,000 feet east of Martinsburg Pike (Route 11 North). The properties included with this application are identified with Property Identification Numbers 44-A-31 [portion], 44-A-31A, 44-A-292, and 44-A-293 in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on August 20, 2003; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 24, 2003; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning, to include nine ordinance modification requests, to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 794.6 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District with revised proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 4 9-03 This ordinance shall be in effect on the date of adoption. Passed this 24`' day of September 2003 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Ave Sidney A. Reyes Nam Nay Margaret B. Douglas Aye Absent Robert M. Sager Aye �- A COPY ATTEST John R. Vey, Jr. Frederick County Administrator PDRCS, 919_03 0 Rr —mg Resolupors.Stephason VjP.9. wpd FILE COPY Executive Summary (oP Of the Proffer Statement for the Stephenson Village Residential Planned Community The proffers for Stephenson Village define the conditions for the construction and maintenance of a residential planned community based on Smart Growth principles. As envisioned, Stephenson Village will feature a school, public ball fields, recreation centers, trails and convenient shopping that will tie the neighborhoods of Stephenson together and serve as a vital center. Stephenson Village itself will have a distinctive look, a strong architectural theme, and a mixture of housing types to meet the needs of people of all ages, including an age -restricted active adult community and affordable housing for the elderly. The plan emphasizes walkable neighborhoods —with boulevards, sidewalks, bike paths and trails throughout. In addition to the 135.6 acres in the core battlefield area (which is not included in the rezoning request), 794.6±-acre parcel will have approximately 250 acres of open space. Build -out of Stephenson Village is anticipated to take 20 to 25 years. The proffers provide a balance of design and market flexibility and County control over uses and densities. Planned Community Design Stephenson Village will use compact building design with extensive architectural and landscaping standards to create distinctive streetscapes_ The proffers specify six new housing types and illustrate floor plans for each. The housing types will be mixed within each neighborhood. To assure overall mixing while maintaining flexibility, the proffers establish maximum percentages for single-family detached, multi -family (townhouse and semi-detached) and age -restricted housing. The design will provide opportunities for people to live, work and shop in she same community. The school and public ball field sites will be located on the north side of the property, along Old Charles Town Road. The center of Stephenson Village will have affordable housing for the elderly and 250,000 square feet of commercial and office space (60,000 square feet guaranteed), including space for a rent-free Frederick County satellite office. Land will be set aside for a day care center in an appropriate location. The south side of Stephenson Village will include a large age -restricted (55 and over) "active adult" community. This will be a gated community with its own recreational facilities and private streets and alleys. In addition, the Applicant will provide a minimum of 144 units for the elderly after sufficient retail space has been occupied to qualify for Federal affordable -housing programs. September 3, 2003 1 Stephenson Associates 030703 The proffers establish an overall density cap of 2,465 units exclusive of the affordable housing for the elderly, an average of 3.1 units per acre. To avoid sudden impacts on County schools and other services, the proffers establish a cumulative yearly construction cap of 8% on all units that are not age -restricted. Since age -restricted housing has positive tax impact on County budgets and no impact on schools, these unit types will be exempt from the phasing plan. Covering 100% of Capital Facilities Impacts Economic analysis of Stephenson Village indicates that its proffer payments, taxes and fees will more than cover the cost of County services. The Applicant will cover 100% of the capital costs predicted by the County fiscal impact model for each housing type. These proffer fees will be adjusted every two years 'using the Consumer Price Index (CPI). Additional proffer fees may be assessed by Frederick County if school population from the project is higher than projected. If the cumulative total increase in students from Stephenson Village exceeds 60 students a year,,the County may assess an additional proffer fee of $3,925 for each additional student. Z Transportation Improvements The Applicant will make transportation improvements to maintain acceptable levels of service on existing roads. These improvements will be triggered by actual traffic counts, with levels specified in the proffers, at permanently installed traffic counters at the entrance on Old Charles Town Road and the southwestern entrance. This will allow us to anticipate traffic increases rather than react to them. (Design and construction will begin when traffic reaches 80 percent of the trigger point. A four -lane boulevard will serve the community as the major collector road. This road, identified in the County Comprehensive Policy Plan, runs from Old Charles Town Road in the north to Route 1 l in the south. The sides and medians of this boulevard will be heavily landscaped outside of conservation and tree -save areas. The boulevard will have bicycle lanes on each side, and sidewalks or walking trails for the entire length in Stephenson Village. The road will be built first in a two-lane half section, beginning at Old Charles Town Road. The road will be extended to Route I I and the second two-lane section constructed when traffic counts reach specified limits. This major collector road will be dedicated to VDOT. The Applicant has obtained rights -of -way and easements for off -site transportation improvements and will execute agreements with VDOT. Traffic improvements will include: completing the two-lane half -section of the major collector road, extending the major collector road to the Rutherford Farm intersection at Route 11, widening Old Charles Town Road to three lanes between the entrance and Route 11, signalizing (with turn lanes) the northern entrance, and signalizing (with turn lanes) of the September 3, 2001 ii Stephenson Associates 030703 TABLE OF CONTENTS Page EXECUTIVE SUMMARY i 1. COMMUNITY DESIGN MODIFICATION DOCUMENT 2 2. PHASING PLAN TO MINIMIZE SUDDEN BIPACTS ON COUNTY SERVICES 2 3. USES, DENSITY AND A'IIX OF HOUSING TYPES 3 4. APPLICANT TO PAY 100% OF CAPITAL FACILITY IWACTS 5 5. MATCHING FUNDS FOR TRANSPORTATION ENHANCEMENTS AND/OR HERITAGE TOURISM 7 6. MONETARY CONTRIBUTION TO CLEAR BROOK VOLUNTEER FIRE AND RESCUE, INC. 7 7. MULTI -MODAL TRANSPORTATION IMPROVEMENTS 8 8. SCHOOL AND BALLFIELD SITES, COMMCNITY FACILITIES AND PUBLIC USE AREAS 11 9. RECREATIONAL AMENITIES AND LINEAR PARK 13 10. ACTIVE ADULT AGE -RESTRICTED HOUSING 14 11. AFFORDABLE HOUSING FOR THE ELDERLY 16 12. PRESERVATION OF HISTORICAL AND CULTURAL RESOURCES 16 13. COMMERCIAL CENTER 16 14. RENT FREE COUNTY OFFICE SPACE 18 15. COMMUNITY DESIGN FOR A STRONG SENSE OF PLACE 18 16. ENVIRONMENTAL FEATURES AND HABITAT PRESERVATION 19 17. COMMUNITY CURBSIDE TRASH COLLECTION 22 18. WATER AND SEWER IMPROVEMENTS IN THE STEPHENSON AREA 23 19. COMPREHENSIVE PLAN CONFORMITY 23 20. CREATION OF HOMEOWNERS ASSOCIATION(S) 23 21. PROFFERED HOUSING TYPES 24 22. STREETSCAPE DESIGN AND LANDSCAPING 25 23. COMMUNITY SIGNAGE PROGRAM 26 September 3, 2003 FILE COPY PROFFER STATEMENT STEPHENSON VILLAGE RESIDENTIAL PLANNED COMMUNITY Rezoning # 06-03 Property Owner/Applicant: Stephenson Associates, L.C. Property: 794.6± Acres, Tax Map Nos. 44-((.4,))-31A, 44-((A))-292, 44-((A))-293, and A Portion of Tax Parcel 44-((A))-31 Stonewall Magisterial District Frederick County, Virginia Date: January 8, 2003 Re -Wised: March 7, 2003 Revised: April 24, 2003 Revised: August 18, 2003 Revised: September 3, 2003 FILE COPY Septcmber 3, 2003 Executive Summary Of the Proffer Statement for the Stephenson Village Residential Planned Community The proffers for Stephenson Village define the conditions for the construction and maintenance of a residential planned community based on Smart Growth principles. As envisioned, Stephenson Village will feature a school, public ball fields, recreation centers, trails and convenient shopping that will tie the neighborhoods of Stephenson together and serve as a vital center. Stephenson Village itself will have a distinctive look, a strong architectural theme, and a mixture of housing types to meet the needs of people of all ages, including an age -restricted active adult community and affordable housing for the elderly. The plan emphasizes walkable neighborhoods —with boulevards, sidewalks, bike paths and trails throughout. In addition to the 135.6 acres in the core battlefield area (which is not included in the rezoning request), 794.6±-acre parcel will have approximately 250 acres of open space. Build -out of Stephenson Village is anticipated to take 20 to 25 years. The proffers provide a balance of design and market flexibility and County control over uses and densities. Planned Community Design Stephenson Village will use compact building design with extensive architectural and landscaping standards to create distinctive streetscapes. The proffers specify six new housing types and illustrate floor plans for each. The housing types will be mixed within each neighborhood. To assure overall mixing while maintaining flexibility, the proffers establish maximum percentages for single-family detached, multi -family (townhouse and semi-detached) and age -restricted housing. The design will provide opportunities for people to live, work and shop in the same community. The school and public ball field sites will be located on the north side of the property, along Old Charles Town Road. The center of Stephenson Village will have affordable housing for the elderly and 250,000 square feet of commercial and office space (60,000 square feet guaranteed), including space for a rent-free Frederick County satellite office. Land will be set aside for a day care center in an appropriate location. The south side of Stephenson Village will include a large age -restricted (55 and over) "active adult" community. This will be a gated community with its own recreational facilities and private streets and alleys. In addition, the Applicant will provide a minimum of 144 units for the elderly after sufficient retail space has been occupied to qualify for Federal affordable -housing programs. Scptembcr 3, 2003 1 Stephenson Associate 030703 The proffers establish an overall density cap of 2,465 units exclusive of the affordable housing for the elderly, an average of 3.28 units per acre. To avoid sudden impacts on County schools and other services, the proffers establish a cumulative yearly construction cap of 8% on all units that are not age -restricted. Since age -restricted housing has positive tax impact on County budgets and no impact on schools, these unit types will be exempt from the phasing plan. Covering 100 %t, of Capital Facilities Impacts Economic analysis of Stephenson Village indicates that its proffer payments, taxes and fees will more than cover the cost of County services. The Applicant will cover 100% of the capital costs predicted by the County fiscal impact model for each housing type. These proffer fees will be adjusted every two years using the Consumer Price Index (CPI). Additional proffer fees may be assessed by Frederick County if school population from the project is higher than projected. If the cumulative total increase in students from Stephenson Village exceeds 60 students a year, the County may assess an additional proffer fee of $3,925 for each additional student. Transportation Improvements The Applicant will make transportation improvements to maintain acceptable levels of service on existing roads. These improvements will be triggered by actual traffic counts, with levels specified in the proffers, at permanently installed traffic counters at the entrance on Old Charles Town Road and the southwestern entrance. This will allow us to anticipate traffic increases rather than react to them. Design and construction will begin when traffic reaches 80 percent of the trigger point. A four-Iane boulevard will serve the community as the major collector road. This road, identified in the County Comprehensive Policy Plan, runs from Old Charles Town Road in the north to Route 11 in the south. The sides and medians of this boulevard will be heavily landscaped outside of conservation and tree -save areas. The boulevard will have bicycle lanes on each side, and sidewalks or walking trails for the entire length in Stephenson Village. The road will be built first in a two-lane half section, beginning at Old Charles Town Road. The road will be extended to Route 11 and the second two-lane section constructed when traffic counts reach specified limits. This major collector road will be dedicated to VDOT. The Applicant has obtained rights -of -way and easements for off -site transportation improvements and will execute agreements with VDOT. Traffic improvements will include: completing the two-lane half -section of the major collector road, extending the major collector road to the Rutherford Farm intersection at Route 11, widening OId Charles Town Road to three lanes between the entrance and Route 11, signalizing (with turn lanes) the northern entrance, and signalizing (with turn lanes) of the September 3, 1-003 11 Stephenson Associates 030703 intersection between Old Charles Town Road and Route 11. Stephenson Village will also contribute its share of regional improvements to I-81 interchange 317. School Site and Recreation Facilities As envisioned, Stephenson Village will have a public school and extensive public ball fields within walking distance of the community. The Applicant will dedicate 20 acres to the County for a school site, accessible from Old Charles Town road and Stephenson Village. Next to the school site, the Applicant will dedicate 24 acres, which when combined with the school playing fields will provide six soccer fields and six baseball fields for soccer and Little League teams. The recreation center at Stephenson Village will be fully bonded at the outset and constructed early in the project. This recreation center will include a bathhouse and a six - lane 25-meter competition swimming pool. The Applicant will dedicate a 20-foot linear park trail easement to the County within the Hiatt Run Corridor from one end of the property to the other, and will construct at no cost a six-foot wide asphalt trail. Additional recreation facilities (such as playgrounds, tot lots, multipurpose courts, basketball courts, picnic areas and volleyball courts) wilt be built to satisfy any remaining requirements of County zoning. The Applicant will also construct a recreation center for the private use of the active adult community. En8dronmental Improvements There is an opportunity to improve the quality of Hiatt Run and associated wetlands through better stormwater control. Most (over 90%) of the soils on the property will not support crops without heavy amendment. Much of the soil has low permeability, which has historically caused stormwater runoff problems in the streams, ditches and ravines. Approximately 250 acres of the property will be left in open space. The Applicant will identify and preserve all significant wildlife habitats and steep slopes. Streams will be protected by 100-foot buffers between the centerline of the stream and adjacent lots. The Hiatt Run Corridor and the Wetlands Intermittent Ravine Channel will be resource protection areas. To the maximum extent possible, intermittent streams and associated stands of mature trees will not be disturbed, and native plants and trees will be used in the forest management plan. Low impact development methods will be used as appropriate for stormwater management and road construction. These will include measures to direct runoff from steep slopes and use existing ponds where beneficial to the environment. Additional ponds, infiltration areas and bio-retention facilities will be developed to limit runoff to September 3. 2003 I U Stephenson Associates 030703 Hiatt Run. When conditions permit, vegetated open channels will be used along streets for storm water runoff. Utility Improvements Stephenson Village will use public water and sewer, and bring the opportunity for sewer connections to surrounding neighborhoods with access to gravity mains. Currently, the Northern Water Treatment plant provides 1.5 million gallons per day from the Global Chemstone Quarry, which is more than adequate to supply the 683,000 gallons per day demand of the completed community. None of the utility infrastructure associated with the project will cost the County taxpayers money. The Applicant will dedicate land to the Frederick County Sanitation Authority, build a pump station, and build a force main and associated infrastructure. Low impact construction methods will be used where force mains and buried utility lines cross sensitive areas. Electric, broadband and telephone utilities will be buried throughout the project. Public lighting, as well as the exterior lighting of homes, will use fixtures that direct light down and minimize stray illumination. Trash collection will be provided by a commercial service and will not use Frederick County Citizen Convenience Centers. In lieu of land for a fire/rescue site, the Applicant has increased the cash proffers. The Applicant has proffered to contribute $200,000 to Clear Brook Volunteer Fire and Rescue Inc. This contribution is not counted as part of the proffer fees to the County. Preservation of Historic and Cultural Resources The Byers House will be preserved and used as deemed appropriate by the Applicant. Significant archeological areas and cemeteries (if any) will be preserved. The Applicant is proffering $75,000 in matching funds to help the County develop transportation enhancements and/or heritage tourism. Smart Growth U.S. Environmental Protection Agency encourages smart growth communities like the proposed Stephenson Village. Cluster development controls sprawl and its associated environmental and fiscal impacts by making development more predictable and cost effective, and by directing resources toward existing communities. Stephenson Associates L.C. is committed to making Stephenson Village --the first smart growth community in Frederick County --a success and a model for development in the region. Septemher +. ?003 1 V Stephenson Associates 030703 Page l PROFFER STATEMENT STEPHENSON VILLAGE RESIDENTIAL PLANNED COMMUNITY Rezoning # 06-03 September 3, 2003 Property Owner/Applicant: Stephenson Associates, L.C. Property: 794.6± Acres, Tax Map Nos. 44-((A))-31A, 44-((A))-292, 44-((A))-293, and A Portion of Tax Parcel 44-((A))-31 Stonewall Magisterial District Frederick County, Virginia Date: January 8, 2003 Revised: March 7, 2003 Revised: April 24, 2003 Revised: August 18, 2003 Revised: September 3, 2003 The undersigned, Stephenson Associates, L.C., (hereinafter referred to as Applicant), its successors and/or assigns, hereby proffers that the use and development of the subject property shall be in strict accordance with the following conditions and shall supersede all other proffers made prior hereto. In the event the above -referenced amendments ase not granted as applied for by the Applicant, the below described proffers shall be withdrawn and null and void. The headings of the proffers set forth below, the Table of Contents and the Executive Summary have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any Provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the site adj acent to the improvement, unless otherwise specified herein. References made to the Master Development Plan, hereinafter referred to as the Generalized Development Plan, as required by the Frederick County Zoning Ordinance, are to be interpreted to be references to the specific Generalized Development Plan sheets prepared by Greenway Engineering and Land Planning and Design Group, dated September 3, 2003 attached as Exhibit A. The exact boundary and acreage of each land bay maybe shifted to a reasonable degree at the time of site plan submission for each land bay in order to accommodate engineering or design considerations. The Applicant is submitting a Generalized Development Plan (Exhibit A) as a part of the rezoning application. The Generalized Development Plan is provided in lieu of a Master Development Plan, and contains all information deemed appropriate by the Frederick County Planning Department. The Generalized Development Plan does not eliminate the requirement for a Master Development Plan for the portion of the site to be developed, which will be provided following rezoning approval but prior to any development of any portion of the 794.6±-acre site (Property). Page 2 COMMUNITY DESIGN MODIFICATION DOCUMENT: September 3, 2003 In order for the Applicant and Frederick County to implement the Residential Community, it will be important for the Applicant and Frederick County Planning Staff to have the opportunity to anticipate, incorporate and to develop new advanced housing types and configurations that may be suitable in a Residential Planned Community. These housing types will include many of the neo-traditional housing types which are proffered in this Proffer Statement which allow for the creation of a true community and for the maximization and preservation of natural corridors and open space for the use and enjoyment of the community at large. A. Pursuant to Article II, Amendments of the Frederick County Zoning Ordinance, the approval of this Proffer statement constitutes an amendment to the zoning ordinance, which will allow the expansion of the R4 Districf. B. The Applicant has proffered a Community Design Modification Document that is attached and incorporated by reference herein as Exhibit F, and which is accepted by Frederick County. In addition to the above, by approving this Proffer Statement, the Frederick County Board of Supervisors agrees without need of any further Board of Supervisors or Planning Department approval to any modifications for any matter which has been previously agreed to and therefore approved by Frederick County. Further still, any submitted revisions to the approved Generalized Development Plan, the approved Master Development Plan and/or any of its requirements for any development zoned R4 which affect the perimeter of the development or which would increase the overall density of the development shall require the Board of Supervisors' approval. If, in the reasonable discretion of the Frederick County Planning Department, the Planning Department decides any requested modification should be reviewed by the Frederick County Board of Supervisors, it may secure said approval by placing this matter before the Frederick County Board of Supervisors at its next regularly scheduled meeting. However, and not withstanding what is stated above, once a modification has been approved administratively, the Applicant shall not be required to seek approval for any subsequent similar modification. 2. PHASING PLAN TO MINBUZE SUDDEN IMPACTS ON COUNTY SERVICES: A. Additional Proffer Payment To minimize sudden increases in the Frederick County Public School population and sudden impacts on other county services, the Applicant shall implement the following phasing plan on all residential housing that is not age -restricted. To ensure that unanticipated increases in Frederick County Public pool population do not burden the county with extra costs, Frederick County may assess the lican to effectively double school - :Pp ay related proffers for each student that exceeds a cumulative year y tot increase of 60 students per year. Page 3 September 3. 2003 The total number of new Frederick County Public School students generated by Stephenson Village will be determined from the September 30 report produced by Frederick County Public Schools. The Applicant proffers to reimburse Frederick County Public Schools for its cost of creating the September 30 report data related to Stephenson Village. This additional proffer payment will be provided to Frederick County by the Applicant within 30 days of receipt of the September 30 report produced by Frederick County Public Schools. .`ti\c MCP ,I \S Ni\� If the reported number of Frederick County Public School students generated by Stephenson Village exceeds the cumulative total of 60 students per year (9/30/03=60, 9/30/04=120, etc.), the Applicant shall pay an additional proffer payment of $3,925 as assessed by Frederick County for each Frederick County Public School child that exceeds the cumulative total. The additional proffer payment will be adjusted every two years by the Consumer Price Index. B. Limitation on Permits (1) Calculation The active adult housing units and the affordable housing for the elderly have been removed from the restrictions imposed by the phasing plan and are not part of the following phasing plan formula nor will they be included in the yearly building permit tracking system. The overall density cap for Stephenson Village is 2,465 units, exclusive of the affordable housing for the elderly. Once the planned number of active adult housing units and the affordable housing for the elderly have been removed, the adjusted total number of units subject to phasing restriction is 1,665. The phasing allowed quantities shall be limited to 8% per year on a cumulative yearly basis beginning with the date of approval of this rezoning based on the following formula: (2,465 - 800 to 1,300 range of age restricted units) x 8% + unused permits from prior year(s) = maximum non -age restricted permits for current year Any units not used in a given year shall be carried forward. 3. USES, DENSITY AND MIX OF HOUSING TYPES: A. (1) The Applicant shall develop a mix of housing unit types to include those single-family detached, townhouse and multifamily housing unit types described in the Land Bay Breakdown Table in §3A(2) and further described in §21 of this proffer statement. Each of the housing unit types in the R4 District, Section 165-67 of the Frederick County Zoning ID Ordinance, is either a single-family dwelling, townhouse or multifamily unit type. For purposes of this Proffer, all of the above housing types shall be referred to as Mixed Residential. The following list could be used as they currently exist within the R-4 portion of the zoning ordinance. Page 4 September 3, 2003 (2) The following list of Land Bays within the Land Bay Breakdown Table sets forth the development parameters on the Property and is consistent with the proffered Generalized Development Plan identified as Exhibit A: LAND BAY BREAKDOWN LAND LAND USE ACREAGE % OF TOTAL BAY HOUSMG UNIT TYPES MIN. MAX. I ELEMENTARY SCHOOL 20 Ac. NA NA II COMMUNITY PARK 24 Ac. NA NA (6 baseball fields & 6 soccer fields) III MIXED RESIDENTIAL 475 Ac. CONVENIENCE COMMERCIA IDAYCARE 7 Ac.* NA NA SFD 30 53 (Housing Unit Type 1,2,4,5, RP District SFD & Active Adult) TOWNHOUSE 10 30 Unit Type 6 & RP District Townhouse) -(Housing MULTIFAMILY 7 30 (Condominiums, Elderly Housing, Housing Unit Type 3 & RP District Duplex, Multiplex, Atrium & Active Adult) Adult) TV ADULT 126 Ac. 30 53 SFD (Housing Unit Type 1,2 &5) Multifamily (Condominiums, Elderly Housing, Housing Unit Type 3) V COMMERCIAL CENTER 26 Ac.* NA NA (Commercial Retail, Office & Public Service Satellite Facility) The actual acreage identified for each Land Bay is based on the bubble diagram calculated on the proffered Generalized Development Plan and may fluctuate within 5% of the total acreage based on final survey work. Page 5 September 3, 2003 Land Bay Breakdown Notes (1) The above table represents the ranges for the referenced housing types as proposed. The final mix will not exceed the 2,465-unit cap, exclusive of the affordable housing for the elderly (Section 1 1) and will be comprised of house type combinations representing a mixture identified in the table. The minimum and maximum percentages established apply to the general categories of single family, townhouses, multifamily and active adult units and are not intended to pertain to any one housing type in those categories. The housing unit type maximum percentage for the general categories of single family, townhouse, multifamily and active adult will not exceed the percentages identified in the table and will not exceed the total unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11) based on any combination. *(2) The total commercial area will be a minimum of 4 % of the gross site area or 33 acres and will be located within Land Bays III and V. (3) The Hiatt Run Corridor and the Wetlands intermittent Ravine Channel are approximately 125 acres. The remaining 113.5 acres of required open space will be provided within Land Bays I, II, III and IV. (4) The Applicant reserves the right to convert more of Land Bay III to active adult or affordable housing for the elderly. In no case shall the percentage of active adult or affordable housing for the elderly exceed 53% of the total unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11). B. For purposes of calculating density pursuant to the Frederick County Zoning Ordinance, all dedications and conveyances of land for public use and/or for the use of the development or any Homeowners Association shall be credited in said calculations. C. There shall be a unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11) on the subject property. D. In order to preclude unwanted industrial and heavy commercial uses, all land uses within the B-3 District and the M-1 District shall be prohibited, unless otherwise permitted in the RP District, the B-1 District or the B-2 District. In no case shall truck stops be permitted within Stephenson Village. 4. APPLICANT TO PAY 100% OF CAPITAL FACILITY DOPACTS: The Frederick County Capital Facilities Fiscal Impact Model was applied to the Stephenson Village rezoning on January 9, 2003. The results of this model run demonstrate a fiscal impact to capital facilities in the amount of $5,327 per residential unit. Page 6 September 3, 2003 The Applicant will pay 100% of these impacts through monetary contributions and land donations to Frederick County, unless otherwise specified by the proffer. The parties agree that the value used for the land donations of $30,000 per acre is appropriate and acceptable. These monetary contributions provide for the capital facilities impacts created by Stephenson Village and shall be paid at the time of building permit issuance for each unit. The _monetary contribution will be adjusted every two years by the Consumer Price Index — All Urban Consumers (Current Series) See example at the end of this section. The Applicant will pay for active adult units a 50% premium on proffer fees for fire and rescue over and above the Frederick County Capital Facilities Fiscal Impact Model to cover any increased service demand; similarly, the applicant will pay for affordable apartment units for the elderly a 100% premium. However, these age -restricted units will not include monetary proffers for various capital facilities, such as schools, that they do not impact. The per unit monetary proffer for single family, townhouse and multifamily provides for: $3,925.00 for Frederick County Public Schools ($4,135 per model less $210 for Iand donation) $635.00 for Frederick County Parks and Recreation ($889 per model less $254 for land donation) $400.00 for Frederick County Fire and Rescue $145.00 for Public Library $152.00 for Administration Building The per unit monetary proffer for active adult units provides for: $635.00 for Frederick County Parks and Recreation ($989 per model less $254 for land donation) $400.00 for Frederick County Fire and Rescue 200.00 50% Premium $600.00 Total for Frederick County Fire and Rescue $145.00 for Public Library $152.00 for Administration Building The per unit monetary proffer for the affordable housing for the elderly provides for: $400.00 for Frederick County Fire and Rescue 400.00 100% premium $900.00 Total for Frederick County Fire and Rescue Should the index as currently published by the U. S. Bureau of Labor Statistics cease to be published then the most nearly comparable index shall be used. Page 7 September 3, 2003 The following is an example of how the adjustment for inflation will be made. Consumer Price Index — all Urban Consumers (Current Series) 1982-84=100 2003 Index (upon approval) estimated 193.00 2005 Index (two years) estimated 225.00 2005 Index 2003 Index X Proffer Amount = Revised Proffer Amount 225 183 X $5,327 = $6,550 `Lec _ `2-1 s - `l MATCHING FUNDS FOR TRANSPORTATION ENHANCEMENTS AND/OR HERITAGE TOURISM: In consideration of the approval of rezoning application # 06-03 the Applicant shall contribute $75,000 in matching funds to Frederick County to;be utilized for transportation enhancements and/or for the promotion of heritage tourism. The money will be made available to Frederick County within 30 days of receipt of a written request for said funds by the Frederick County Board of Supervisors or their authorized agent. 6. MONETARY CONTRIBUTION TO CLEAR BROOK VOLUNTEER FIRE AND RESCUE, INC: To further mitigate the impact on fire and rescue services, the Applicant will pay to Clear Brook Volunteer Fire and Rescue Inc. the sum of $200,000.00 for its general fund. This is over and above the monetary contributions to Frederick County Fire and Rescue identified in §4 of this proffer v ,`��` statement. This amount will be payable as follows: �r` 14 �v $50,000.00 to be paid not later than nine months after zoning approval. $50,000.00 to be paid within thirty (30) days of the issuance of the 500`b building permit in Stephenson Village but not later than December 31, 2008. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,000`n building permit in Stephenson Village but not later than December 31, 2013. $50,000,00 to be paid within thirty (30) days of the issuance of the 1,500'h building permit in Stephenson Village but not later than December 31, 2018_. Page 8 September 3.2003 MULTI -MODAL TRANSPORTATION IMPROVEMENTS: A. The following are improvements the Applicant will make to roads within the Property: (I) Major Collector Road (a) Pursuant to Section 7F (2), iF (4) and 7F(5) of this proffer statement, the Applicant shall dedicate an 80 foot right of way and construct the Major Collector Road from Old Charles Town Road through Stephenson Village, and the properties currently owned by McCann and Omps to U.S. Route 11 (Martinsburg Pike) in accordance with existing agreements executed between all parties to insure conformance with the Frederick County Comprehensive Plan. The width and configuration of all travel lanes, medians and other elements of the major collector road shall be provided by the Applicant as determined by VDOT. (b) The Applicant shall provide landscaped areas along, within, and/or adjacent to each side of the Major Collector Road in accordance with § 22-A of this proffer. (c) When the Major Collector Road is finally completed as a four lane divided boulevard, the median will be naturally vegetated with a combination of both woodland conservation areas and grassed areas supplemented with landscape plantings. If approved by the Virginia Department of Transportation (VDOT), all plantings, other than those in woodland conservation areas, will be installed by the Applicant and will have a maintenance agreement between VDOT and the Applicant which will transfer to the Homeowners Association of Stephenson Village (HOA) to cover all mowing, weeding, pruning, plant replacements, and irrigation maintenance responsibilities. Irrigation systems within the right-of-way will be designed as a separate system to allow the portion of the irrigation system failing within the right-of-way to be terminated if necessary without affecting the overall system. (d) The Applicant shall provide bicycle lanes within the Major Collector Road right of way over the property to be rezoned that are four feet in width and are contiguous with the outside travel lanes of the Major Collector Road and are properly marked and signed. (e) The Applicant shall prohibit individual residential and commercial entrances from intersecting Milbum Road (Route 662) and further proffers that the Major Collector Road will be the only road crossing of Milburn Road. Page 9 September 3, 2003 (2) Inter -parcel Connections The Applicant agrees to provide interparcel connections between land bays within the Property at the time the respective land bays are developed and to the extent reasonably possible. (3) Private Streets. Alleys and Common Drives (a) The Applicant shall provide for a gated community entrance for the active adult portion of the overall community and shall serve the active adult community with a complete system of private streets. The cross sectional dimension of pavement thickness and compacted base thickness will meet or exceed the public street pavement section standards utilized by VDOT. (b) Where private alleys are utilized, the Applicant will provide one-way allevs within a sixteen -foot (16') wide easement having twelve feet (12') of pavement with a two foot (2') shoulder on both sides of the pavement throughout the entire community. All private alleys, which intersect other private alleys at 90 degree angles or have turns at 90 degree angles shall provide for a minimum turning radius of 25 feet. Private alleys, intersection, public or private streets, shall provide curb cuts extending two feet beyond the paved edge of the standard alley width- (c) Where private alleys are utilized to serve housing types that front on private streets the Applicant shall provide for a minimum travel aisle width of 24 feet for the private street. The 24 foot travel aisle shall be in addition to on street parking designed for the private street. (d) When Housing Unit Type 4 (courtyard cluster) is developed, the common drive shall meet the following standards: (i) A minimum width of 20 feet (ii) A minimum depth of pavement section shall be a four inch compacted stone base and six inches of concrete or equivalent material. (iii) A "No Parking" sign shall be posted at the entrance to the courtyard. (iv) A fire hydrant shall be provided at the entrance to each corner drive to the courtyard clusters. When common drives are adjacent to or across the street from other courtyard cluster common drives, only one hydrant shall be required. (v) Visitor parking areas will be provided outside of the courtyard cluster common drive area. Analysis of Stephenson Village (aka Snowden Bridge) Proffers To Understand Potential Impact of Enabling Multiple MDPs to Reflect Various Ownership Interests Rezoning #06-03 October 25, 2010 This analysis has been conducted by the Planning Department staff in an effort to better ..y understand the potential areas of conflict within the appr ,ved,proffer statement and the s^1, design modification document that might exist if the SnowdYen Bridge project were divided into various Master Development Plans (MDPs) reflective of developer ownership interests. Of most concern are the proffered conditions whose implementation is tied to a: stated date, request of County Officials, or Vehicles Trips Per Day (VPD) threshold. These implementation triggers are global to the larger Snowden Bridge development and not solely�the responsibility of an individual MDP. _ .... Go........... d, the`unty withholds further s.achi,eved In the event that a proffered i particglar. MDP; while legally permissible as Y ' may not be appropriate for the County to . These potential conflict areas are the Below are:the proffered conditions and design modifications document sections that warrant clarification and assignment of responsibility prior to enabling the overall Snowden Bridge development to:b.e divided into various Master Development Plans (MDPs) reflective of developer ownership interests Proffered Condition Sections and Topics of Potential Concern "2. PHASING PLAN TO MINIMIZE SUDDEN IMPACTS ON COUNTY SERVICES A. Additional Proffer Payment To ensure that unanticipated increases in Frederick County Public School population do not burden the county with extra costs, Frederick County may assess the Applicant to effectively double school related proffers for each student that exceeds 0 a cumulative yearly total increase of 60 students per year.... This additional proffer payment will be provided to Frederick County by the Applicant within 30 days of receipt of the September 30 report produced by the Frederick County Public Schools." ISSUE: As written, this results in cash payments on a potential annual basis. Who is responsible for this payment when there are various developers with various MDPs? Since the student count is linked to an annual calendar date, not a zoning or subdivision approval, how is it enforced if there -are multiple developers and N MDPs?;:.. COUNTY ENFORCEMENT: Deny all zor the entire Snowden Bridge developm,9 resolved. POTENTIAL RESOLUTION TO ENABLE "5. MATCHING FUNDS FOR TRANSPORTATION TOURISM In consideration contribute $75j( e approval i n g furid s:to I F Land/orfort derick Count ck County Bo this ted,development approvals within compliance (payment of proffer) is application #06.703 the Applicant shall ierick County tobe utilized for 4i promotion of heritage tourism. The money ithin 30 days of receipt of a written request ,of Supervisors or their authorized agent." when there are various developers with NT: Deny all zoning and subdivision related approvals within idge development until compliance (payment of proffer) is `ION TO ENABLE SEPARATE MDPs: Payment of the proffered g of the approved MDP. 116. MONETARY CONTRIBUTIONS TO CLEARBROOK VOLUNTEER FIRE AND RESCUE, INC. To further mitigate the impact on fire and rescue services, the Applicant will pay to Clearbrook Volunteer Fire and Rescue Inc., the sum of $200,000.00 for its general fund. This is over and above the monetary contributions to Frederick County Fire and Rescue identified in Section 4 of this proffer statement. The money will be payable as follows: 117 $50,000.00 to be paid not later than nine months after zoning approval (payment received). $50,000.00 to be paid within thirty (30) days of the issuance of the 500th building permit in Stephenson Village but not later than December 31, 2008. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,000th building permit in Stephenson Village but not later than December 31, 2013. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,500th building permit in Stephenson Village but not later than December 31, 2018." POTENTIAL RESOLUTION TO ENABLE`SEPARATE MDPs: Advanced payment of the proffered funds prior to the severing of the; approved MDP. the Virginia oftransportation,design guidance when warranted by VDOT." ISSUE;_ These ro ered e` p ff improvements p ements were designed to occur later in the development process once the project is underway, VPD had increased, and VDOT determinedthat warrants had been met to implement the improvement. Who is responsible for these improvements when there are various developers with various MDPs, all of which are contributing to the warrants for improvement? COUNTY ENFORCEMENT. Deny all zoning and subdivision related permissions within the entire Snowden Bridge development until compliance (installation of transportation improvements) is resolved. "E. The Applicant will execute a signalization agreement with the Virginia Department of Transportation for the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community. The Applicant will provide for the signalization at the intersection of Old Charles Town Road and the Major Collector Road based on the terms of this agreement when warranted by the Virginia Department of Transportation." ISSUE. These proffered improvements were designed to occur later in the development process once the project is underway, VPD had increased, and VDOT determined that warrants had been met to implement the improvement. Who is responsible for these improvements when there are various developers with various MDPs, all of which are contributing to the warrants for improvement? COUNTY ENFORCEMENT: Deny all zoning and subdivision related permissions within the entire Snowden Bridge development until compliance (installation of transportation improvements) is resolved. "F. The Applicant will design and construct a four -lane boulevard Major Collector Road for the Stephenson Village Community in substantial conformance with :the proffered Generalized Development Plan The Major Collector. Road will be constructed in two nhases_ The first nhase will be` -`a --"'two lan'e,:.half section that is constructed from Old opment as depicted on the approved Nfajor Collector Road will be constructed .the approved Subdivision Design Plan for e Major Collector Road will provide for the right and left turn lanes based on the (1) The "design of the transportation improvements identified in Section 7(F)2- 7(F)5 of this,proffer statement will begin with 8-% of the actual traffic count volume is realized as identified in each Section. The completion of the imrovements"specified in each Section will occur within 18 months of initial (2) Once.actual traffic counts of 7,996 vehicle trips per day have been document on the Major Collector Road, the Applicant will bond and commence construction of the additional lanes to the existing Major Collector Road to its ultimate four -lane section from Old Charles Town Road to the limits of the Major Collector Road within the development. (3) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a three -lane section of Old Charles Town Road, from the Entrance to Stephenson Village to US Route 11 using the existing bridge. (4) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a two lane half section of the Major Collector Road from the limits of the four -lane section to US Route 11 at the Rutherford Farm Industrial Park intersection to include right and left turn lanes on the east side of US Route 11 as determined by VDOT. ... (5) Once the actual traffic count at the southwestern entrance to Stephenson Village near the Rutherford Farm Industrial Park intersection reaches 7,996 vehicle trips per day on the Major Collect0l" ROad, the Applicant will bond and commence construction of the remaining additional lanes to the existing Major Collector Road from the limits of the four -lane section to provide for the ultimate four -lane section ending at the east side of US Route 11. ISSUE: Who is responsible for these in, with their own individual MDPs? How has already been constructed (2-lane) been completed, and now Additional c is planned that would trigger;improve responsible for showing the proffered improvement will be triggered by the for constructing the road across anot COUNTY ENFORCEMENT. Deny all zo Snowden Bridaedevelopment until cc cements when there are various developers �e proffer enforced if a portion of the road Hugh a portion of development that has lopment (possibly by a different developer) is (to 4-lane)? Each MDP will be rovements, but implementation of the road Fe, flow can one developer be responsible 'eveloper's MDP? related permissions within the entire 'ance is resolved. "G. The Applicant will provide $50,000 that shall be utilized as matching funds by VDOT and/or the County of Fredrick for future improvements to the Interstate 81/US Route 11 interchange at Exit 317. This dollar amount is intended to assist VDOT and the County of Frederick with this regional improvement. The $50,000 will be made available to VDOT or to the County of Frederick, within 30 days of written request for said funds by the appropriate party. ISSUE: Who is responsible for this payment when there are various developers with various MDPs? COUNTY ENFORCEMENT. Deny all zoning and subdivision related approvals within the entire Snowden Bridge development until compliance (payment of proffer) is resolved. POTENTIAL RESOLUTION TO ENABLE SEPARATE MDPs: Payment of the proffered funds prior to severing of the approved MDP. "13. COMMERCIAL CENTER The Applicant has identified an area as shown on the General Development Plan (Exhibit A) for a commercial center that will be developed at a time to be determined by the Applicant. Within the commercial center development, the following shall be provided: F. The Applicant has identified an area as shown_on the General Development Plan (Exhibit A) for a commercial center. The development of 60,000 square feet of commercial space will begin within the commercial center no later than the issuance of the 1,200th non -age restricted residentialbuilding permit with.the completion of this commercial space within 18 months. TheApplicant will be allowed to extend the commencement of commercial constructionfor an additional two year.period if any one of the following circumstances has occurred An elementary school has not been constructed on the Property; or a building permit is obtained for the development of a new grocery store within a three mile radius of commercial center within Stephenson Village." ISSUE. Whilelthis Centeris located on'land not vet included in an approved MDP, the question remains: who -"is responsiblefor constructing the commercial center when there are var ousWevelopers with various MDPs? If the residential developer(s) has no infere9t4n a commercial center,"how is fhe proffer enforced. COUNTY ENFORCEMENT,;Deny all zoning related permissions within the entire Snowden Bridge development until compliance is resolved. l Community Design Modification Document Section and Topic of Potential Concern "MODIFICATION #9 §165-13313 Master development plan, contiguous land §165-141A(8) Master development plan, contents §165-141B(2);(4);(8) Master development plan, R4 contents Alternative Design Standard -'Y The provision of a detailed Master Development Plan forC Stephenson Village that is designed to reflect the acreage within the community that is planned for development by specific phase and provides an aggregate tabulation of all required development percentages to ensure that the requirement's of the R4 District and the proffered Generalized Development Plan are met throughout the development of the Stephenson Village community. ISSUE. Maintaining an percentages. will be challe enable the de crafting of a tabulation to UNTY Bridge standc sure that the re vhen there are t MDP to be groi MDP at time of lul e tabulation of all required development R4 District and the proffered GDP are met o MDPs.` This Modification was designed to he project progressed, as opposed to the ig consideration, and utilize the aggregate compliance. Tracking compliance will be oncurrently. y all zoning related permissions within the entire if the aggregate tabulations violate the ordinance and POTENTIAL RESOLUTION TO ENABLE SEPARATE MDPs: Utilize a single aggregate tabulation sheet covering all development within the entire Snowden Bridge project that reflects the accumulated planned development of all MDPs, and require that the tabulation sheet be updated with every MDP submission, confirming tabulation compliance prior to approving MDPs (and subsequent revisions). Analysis of Stephenson Village (aka Snowden Bridge) Proffers To Understand Potential Impact of Enabling Multiple MDPs to Reflect Various Ownership Interests Rezoning #06-03 October 25, 2010 This analysis has been conducted by the Planning Department staff in an effort to better understand the potential areas of conflict within the approved proffer statement and the design modification document that might exist if the Sno' den Bridge project were divided into various Master Development Plans (MDPs) reflective of developer ownership interests. Of most concern are the proffered conditions whose implementation is,tied to a: stated date, request of County Officials, or Vehicles Trips Per Day (VPD) threshold. These implementation triggers are global to the larger Snowden Bridge development and not solely the responsibility of an individual MDP. Generally, if a proffered condition is not being satisfied, the County withholds further subdivision and zoning approvals until compliance is achieved. In the event that a proffered condition is not implemented or clearly related to a particular.MDP, while legally permissible as the proffers do apply to the entire developmenf, it,may not be -appropriate for the County to withhold future approvals for that -unaffected MIIJP. These potential conflict areas are the impetus of,this analysis. Beloware;the proffered conditionsand design modifications document sections that warrant clarification and assignment.:of responsibility prior to enabling the overall Snowden Bridge development to be divided into various Master Development Plans (MDPs) reflective of developer ownership, interests Proffered Condition Sections and Topics of Potential Concern 112. PHASING PLAN TO MINIMIZE SUDDEN IMPACTS ON COUNTY SERVICES A. Additional Proffer Payment To ensure that unanticipated increases in Frederick County Public School population do not burden the county with extra costs, Frederick County may assess the Applicant to effectively double school related proffers for each student that exceeds a cumulative yearly total increase of 60 students per year.... This additional proffer payment will be provided to Frederick County by the Applicant within 30 days of receipt of the September 30 report produced by the Frederick County Public Schools." ISSUE: As written, this results in cash payments on a potential annual basis. Who is responsible for this payment when there are various developers with various MDPs? Since the student count is linked to an annual calendar date, not a zoning or subdivision approval, how is it enforced if there are multiple developers and MDPs? COUNTY ENFORCEMENT. Deny all zoning related development approvals within the entire Snowden Bridge development until compliance (payment of proffer) is resolved. y; POTENTIAL RESOLUTION TO ENABLE SEPARATE MDPs: "5. MATCHING FUNDS FOR TRANSPORTATION ENHANCEMENTS AND/OR HERITAGE TOURISM In consideration of the approval of rezoning,application #06-03 the Applicant shall contribute $75,000 in matching funds:to Frederick�County to be utilized for transportation enhancement and/or for the'.promotion of heritage tourism. The money will be made available to Frederick County within 30 days of receipt of a written request for said funds by the Frederick County Board of Supervisors or their authorized agent." `ISSUE. Who is responsible for this payment when there are various developers with various MDPs?` COUNTY ENFORCEMENT. Deny all zoning and subdivision related approvals within the entire, Snowden Bridge development until compliance (payment of proffer) is m�z . resolved. POTENTIAL RESOLUTION TO ENABLE SEPARATE MDPs: Payment of the proffered funds prior to severing of the approved MDP. 116. MONETARY CONTRIBUTIONS TO CLEARBROOK VOLUNTEER FIRE AND RESCUE. INC. To further mitigate the impact on fire and rescue services, the Applicant will pay to Clearbrook Volunteer Fire and Rescue Inc., the sum of $200,000.00 for its general fund. This is over and above the monetary contributions to Frederick County Fire and Rescue identified in Section 4 of this proffer statement. The money will be payable as follows: $50,000.00 to be paid not later than nine months after zoning approval (payment received). $50,000.00 to be paid within thirty (30) days of the issuance of the 500th building permit in Stephenson Village but not later than December 31, 2008. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,000th building permit in Stephenson Village but not later than December 31, 2013. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,500th building permit in Stephenson Village but not later than December 31, 2018." ISSUE. Who is responsible for this payment when there are various developers with various MDPs? COUNTY ENFORCEMENT: Deny all zoning and subdivision related approvals within the entire Snowden Bridge develop nt:,u til compliance (payment of proffer) is resolved. POTENTIAL RESOLUTION TO ENABLE SEPARATE MDPs: Advanced payment of the proffered funds prior to the severing of the approved MDP. E "7. MULTIMODL TRANSPORTATION IMPROVEMENTS D. The applicant will execute a sign.alization agreement with the Virginia of Transportation1tir the intersection of US Route 11 and Old Charles Town Road. Additionally, the Applicantwill construct full size entrance improvements with both a right turnlaneand left turn lane on Old Charles Town Road, and a right turn lane on US Route, 11`at said intersection. These improvements will be installed in accordance with ,the, Virginia of fransportation design guidance when warranted by VDOT. ISSUE. These proffered improvements were designed to occur later in the development process once the project is underway, VPD had increased, and VDOT determined that warrants had been met to implement the improvement. Who is responsible for these improvements when there are various developers with various MDPs, all of which are contributing to the warrants for improvement? COUNTY ENFORCEMENT. Deny all zoning and subdivision related permissions within the entire Snowden Bridge development until compliance (installation of transportation improvements) is resolved. "E. The Applicant will execute a signalization agreement with the Virginia Department of Transportation for the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community. The Applicant will provide for the signalization at the intersection of Old Charles Town Road and the Major Collector Road based on the terms of this agreement when warranted by the Virginia Department of Transportation." ISSUE: These proffered improvements were designed to occur later in the development process once the project is underway, VPD had increased, and VDOT determined that warrants had been met to implement the improvement. Who is responsible for these improvements when there are various developers with various MDPs, all of which are contributing to the warrants for improvement? COUNTY ENFORCEMENT: Deny all zoning and subdivision related permissions within the entire Snowden Bridge development until compliance (installation of transportation improvements) is resolved. Y i "F. The Applicant will design and construct a four -lane boulevard Major Collector Road for the Stephenson Village Community in substantial conformance with the proffered Generalized Development Plan.,,,The Major Collector Road will be constructed in two phases. The first phase will be�a\two-lane half section that is constructed from Old Charles Town Road to the limits of the development as depicted on the approved Master Development Plan. The phase of the Major Collector Road will be constructed and bonded in segments in accordance with the approved Subdivision Design Plan for Stephenson Village. The second phase 'of the Major Collector Road will provide for the ultimate four -lane section with appropriate right and left turn lanes based on the following program: (1) Thedesign of the transportation improvements identified in Section 7(F)2- 7(F)5 of this proffer statement will begin with 8-% of the actual traffic count volume is realized as identified in each Section. The completion of the improvements specified in each Section will occur within 18 months of initial design. /4 (2) Once actual traffic counts of 7,996 vehicle trips per day have been document on the Major Collector Road, the Applicant will bond and commence construction of the additional lanes to the existing Major Collector Road to its ultimate four -lane section from Old Charles Town Road to the limits of the Major Collector Road within the development. (3) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a three -lane section of Old Charles Town Road, from the Entrance to Stephenson Village to US Route 11 using the existing bridge. (4) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a two lane half section of the Major Collector Road from the limits of the four -lane section to US Route 11 at the Rutherford Farm Industrial Park intersection to include right and left turn lanes on the east side of US Route 11 as determined by VDOT. ... (5) Once the actual traffic count at the southwestern entrance to Stephenson Village near the Rutherford Farm Industrial Park intersection reaches 7,996 vehicle trips per day on the Major Co and commence construction of the rE Major Collector Road from the lim jor Road, the Applicant will bond ainirig additional lanes to the existing r-lane section to provide for the ultimate four -lane section ending at the east side of US Route 11. ISSUE: Who is responsible for these improvements when there;°are various developers with their own individual MDPs? How is the proffer, enforced if a,portion of the road has already been constructed (2-lane) through "a portion of development that has been completed, and now additional development (possibly by a different developer) is planned that would trigger improvements (to 4-lane)? Each MDP will be responsible for, showing the proffered improvements, but implementation of the road improvement will be triggered by the proffer,., How can one developer be responsible for constructing the road across another developer's MDP? COUNTY ENFORCEMENT. • Deny all zoning related permissions within the entire Snowden Bridge development until compliance is resolved. "G. The Applicant will provide $50,000 that shall be utilized as matching funds by VDOT and/or the:County of Fredrick for future improvements to the Interstate 81/US Route 11 interchange at``Exit 317. This dollar amount is intended to assist VDOT and the County of Frederick with this regional improvement. The $50,000 will be made available to VDOT or to the County of Frederick, within 30 days of written request for said funds by the appropriate party. ISSUE: Who is responsible for this payment when there are various developers with various MDPs? COUNTY ENFORCEMENT. Deny all zoning and subdivision related approvals within the entire Snowden Bridge development until compliance (payment of proffer) is resolved. POTENTIAL RESOLUTION TO ENABLE SEPARATE MDPs: Payment of the proffered funds prior to severing of the approved MDP. "13. COMMERCIAL CENTER The Applicant has identified an area as shown on the General Development Plan (Exhibit A) for a commercial center that will be developed at a time to be determined by the Applicant. Within the commercial center development, the following shall be provided: F. The Applicant has identified an area as shown on the General Development Plan (Exhibit A) for a commercial center. The development of 60,000 square feet of commercial space will begin within the comrercial center�no.later than the issuance of the 1,200th non -age restricted residentialf building permit with the completion of this commercial space within 18 months. The,Applicant will be allowed to extend the commencement of commercial constructionJor an additional two"year period if any one of the following circumstances has occurred: An elementary school has not been constructed on the Property; or, a. building permit is obtained for the development of a new grocery store within a three mile -radius of commercial center within Stephenson Village." ISSUE: While this Center`is located on land not yet included in an approved MDP, the question remains: who is responsible for constructing the commercial center when therearevarious developers with various MDPs? If the residential developer(s) has no interest in a commercial center; how is the proffer enforced. COUNTY ENFORCEMENT: Deny all zoning related permissions within the entire "Snowden Bridge development;until compliance is resolved. Community Design Modification Document Section and Topic of Potential Concern "MODIFICATION #9 §165-13313 Master development plan, contiguous land §165-141A(8) Master development plan, contents §165-141B(2);(4);(8) Master development plan, R4 contents Alternative Design Standard The provision of a detailed Master Development Plan for Stephenson Village that is designed to reflect the acreage within the community'that is planned for development by specific phase and provides an aggregate tabulation.ofall required development percentages to ensure that the requirements of the R4 District and the proffered Generalized Development Plan are met throughout the clevelopMent of the Stephenson Village community. r ISSUE: Maintaining an accurate aggregate tabulation of all required development percentages top ensure that the required R4 District and the proffered GDP are met will be challenged when there areenultiple MDA -This Modification was designed to enable the detailed MDP to be grown as the project progressed, as opposed to the crafting of a single MDP at time of rezoning consideration, and utilize the aggregate tabulation to track proffer and`ordinan°ce'.compliance. Tracking compliance will be difficult if various MDPs are progressing concurrently. COUNTY ENFORCEMENT: Deny all zoning related permissions within the entire Snowden Bridge development if the aggregate tabulations violate the ordinance and proffered standards'. POTENTIAL RESOLUTION TO ENABLE SEPARATE MDPs: Utilize a single aggregate tabulation sheet covering all development within the entire Snowden Bridge project that reflects the ccu' M" ulated planned development of all MDPs, and require that the tabulation sheet be updated with every MDP submission, confirming tabulation compliance prior to approving MDPs (and subsequent revisions). Analysis of Stephenson Village (aka Snowden Bridge) Proffers To Understand Potential Impact of Enabling Multiple MDPs to Reflect Various Ownership Interests Rezoning #06-03 October 25, 2010 This analysis has been conducted by the Planning Department staff in an effort to better understand the potential areas of conflict within the approved,proffer statement and the design modification document that might exist if the Snowden .Bridge project were divided into various Master Development Plans (MDPs) reflective -of developer. 'ownership interests. Of most concern are the proffered conditions whose implementation is tied,to a: stated date, ..:.::..:.:: request of County Officials, or Vehicles Trips Pe`r:Day (VPD) threshold. These implementation triggers are global to the larger Snowden Bridge development and not solely the responsibility of an individual MDP. Y .N` Generally, if a proffered condition is not;bei subdivision and zoning approvals until come lianc condition is not implemented or clearly related to the proffers do apply to the entire development It withhold future approvals for that unaffected MDP impetus of this,a;p*sis Below a>'e"the proffered condition clarification and assignment of rep development to be divided into va developer ownership interests 4. ed, the County withholds further achieved In the event that a proffered 3artrncul`ar,MDP, while legally permissible as iay not tie appropriate for the County to These potential conflict areas are the and design modifications document sections that warrant ponsibility prior to enabling the overall Snowden Bridge rious Master Development Plans (MDPs) reflective of Proffered Condition Sections and Topics of Potential Concern 112. PHASING PLAN TO MINIMIZE SUDDEN IMPACTS ON COUNTY SERVICES A. Additional Proffer Payment To ensure that unanticipated increases in Frederick County Public School population do not burden the county with extra costs, Frederick County may assess the Applicant to effectively double school related proffers for each student that exceeds "5. M TOURISM a cumulative yearly total increase of 60 students per year.... This additional proffer payment will be provided to Frederick County by the Applicant within 30 days of receipt of the September 30 report produced by the Frederick County Public Schools." ISSUE. As written, this results in cash payments on a potential annual basis. Who is responsible for this payment when there are various developers with various MDPs? Since the student count is linked to an annual calendar date, not a zoning or subdivision approval, how is it enforced if thi r_ ;dre multiple developers and MDPs? COUNTY ENFORCEMENT: Deny all zoning related°development approvals within the entire Snowden Bridge development`"until compliance (payment of proffer) is resolved. POTENTIAL RESOLUTION TO ENABLE SEPARATE MDPs r, n SF IING FUNDS FOR TRANSPORTATION ENHANCEMENTS AND/OR HERITAGE In consideration of contribute $75 00t transportation,enh will be made ava la for saidfunds by tF ®A ISSUE: Who is responsible for this payment when there are various developers with -various MDPs?' . COUNTY ENFORCEMENT Denyall zoning and subdivision related approvals within the entire Snowden Bridge development until compliance (payment of proffer) is resolved >,1_, POTENTIAL RESOLUhON TO ENABLE SEPARATE MDPs: Payment of the proffered funds prior to severing of the approved MDP. "6. MONETARY CONTRIBUTIONS TO CLEARBROOK VOLUNTEER FIRE AND RESCUE, INC. To further mitigate the impact on fire and rescue services, the Applicant will pay to Clearbrook Volunteer Fire and Rescue Inc., the sum of $200,000.00 for its general fund. This is over and above the monetary contributions to Frederick County Fire and Rescue identified in Section 4 of this proffer statement. The money will be payable as follows: $50,000.00 to be paid not later than nine months after zoning approval (payment received). $50,000.00 to be paid within thirty (30) days of the issuance of the 500th building permit in Stephenson Village but not later than December 31, 2008. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,000th building permit in Stephenson Village but not later than December 31, 2013. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,500th building permit in Stephenson Village but not later than December 31, 2018." ISSUE: Who is responsible for this payment various MDPs? COUNTY ENFORCEMENT. Deny all zoning a the entire Snowden Bridge development un resolved.-�� POTENTIAL RESOLUTION TO ENABLEISEPA proffered funds prior to the severing of the "7. MULTIMODL TRANSPORTATION IMPRO are various developers with nd sub divisioarelated approvals within til compliance (payment of proffer) is TE MDP. nt of the ation agreement with the Virginia of 5 Route 11 and Old Charles Town Road. ;t full size entrance improvements with both a Charles Town Road, and a right turn lane on US 1provements will be installed in accordance with idance when warranted by VDOT." ISSUE. These proffered improvements were designed to occur later in the development process once the project is underway, VPD had increased, and VDOT determmea►;-that warrants had been met to implement the improvement. Who is responsible for these improvements when there are various developers with various MDPs, all of which are contributing to the warrants for improvement? COUNTY ENFORCEMENT. Deny all zoning and subdivision related permissions within the entire Snowden Bridge development until compliance (installation of transportation improvements) is resolved. "E. The Applicant will execute a signalization agreement with the Virginia Department of Transportation for the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community. The Applicant will provide for the signalization at the intersection of Old Charles Town Road and the Major Collector Road based on the terms of this agreement when warranted by the Virginia Department of Transportation." ISSUE: These proffered improvements were designed to occur later in the development process once the project is underway, VPD had increased, and VDOT determined that warrants had been met to implement the improvement. Who is responsible for these improvements when there are various developers with various MDPs, all of which are contributing to the warrants for improvement? 6 COUNTY ENFORCEMENT: Deny all zoning and subdivision related permissions within the entire Snowden Bridge development until compliance (installation of transportation improvements) is resolved. "F. The Applicant will design and construct a four -Ian eboulevard Major Collector Road for the Stephenson Village Community in substantial conformance with the proffered Generalized Development Plan Tfe Major Collector. Road will be constructed in two phases. The first phase will be- two lar ehhalf section that is constructed from Old Charles Town Road to the limits of1he development as depicted on the approved Master Development Plan. The phase,of the M'afor £Collector Road will be constructed and bonded in segments in;"accordance,; ith:the approved Subdivision Design Plan for Stephenson Village The second phase of the Major Collector Road will provide for the ultimatevfour-lane section with appropriate right and left turn lanes based on the ig,program: (1) The "design of the transportation improvements identified in Section 7(F)2- 7(F)5 of is, proffer statement will begin with 8-% of the actual traffic count volume is realized as identified in each Section. The completion of the improve ments{specified in each Section will occur within 18 months of initial (2) Once actual traffic counts of 7,996 vehicle trips per day have been document on the IVlajor Collector Road, the Applicant will bond and commence construction of the additional lanes to the existing Major Collector Road to its ultimate four -lane section from Old Charles Town Road to the limits of the Major Collector Road within the development. (3) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a three -lane section of Old Charles Town Road, from the Entrance to Stephenson Village to US Route 11 using the existing bridge. (4) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a two lane half section of the Major Collector Road from the limits of the four -lane section to US Route 11 at the Rutherford Farm Industrial Park intersection to include right and left turn lanes on the east side of US Route 11 as determined by VDOT.... (5) Once the actual traffic count at the southwestern entrance to Stephenson Village near the Rutherford Farm Industrial Park intersection reaches 7,996 vehicle trips per day on the Major Collector; Road, the Applicant will bond and commence construction of the rema) additional lanes to the existing Major Collector Road from the limits of the four -lane section to provide for the ultimate four -lane section endini? at the east side of US Route 11. ISSUE: Who is responsible for these .rr with their own individual MDPs? Hovi has already been constructed (2-lane) been completed, and now additional e is planned that would trigger -improve Y responsible for showing the proffered improvement will:bi for constructing the COUNTY ENFORCER the appropriate party. e across an Deny all. vent until vements when thereare various developers he proffer enforced t a portion of the road )ugh a portion of develop ent that has lopment (possibly by a different developer) is (to 4=lan.e)? Each MDP will be rovements, but implementation of the road fcr"How can".ne developer be responsible feveloper' 'MDP? related permissions within the entire Dance is resolved. provide $50000 that shall be utilized as matching funds by VDOT edrick for future improvements to the Interstate 81/US Route 11 This dollar amount is intended to assist VDOT and the County :gional improvement. The $50,000 will be made available to of Frederick, within 30 days of written request for said funds by ISSUE: Who is responsible for this payment when there are various developers with various MDPs? COUNTY ENFORCEMENT. • Deny all zoning and subdivision related approvals within the entire Snowden Bridge development until compliance (payment of proffer) is resolved. POTENTIAL RESOLUTION TO ENABLE SEPARATE MDPs: Payment of the proffered funds prior to severing of the approved MDP. "13. COMMERCIAL CENTER The Applicant has identified an area as shown on the General Development Plan (Exhibit A) for a commercial center that will be developed at a time to be determined by the Applicant. Within the commercial center development, the following shall be provided: F. The Applicant has identified an area as shown,:.on the General Development Plan (Exhibit A) for a commercial center. The development of 60.000 square feet of commercial space will begin within the commercial center no later than the issuance of the 1,200th non -age restricted residential=building permit with the completion of this -.. commercial space within 18 months The -Applicant will be allowed to extend the commencement of commercial construction for an additional two year -period if any one of the following circumstances has occurred: An elementary school ha"s not been constructed on the Property; or a building permit is"obtained for the development of a new grocery store within a three mile radius of commer,,cial center within Stephenson Village." _> ISSUE While this Center'is located "on land not yet in in an approved MDP, the question remains: who., isrespons►blefor constructing the commercial center when there: are various (developers with various MDPs? If the residential developer(s) has no interest in a commercial center;"how is 'he proffer enforced. COUNTY ENFORCEMENTDeny all zoning related permissions within the entire Snowden Bridge development until compliance is resolved. Community Design Modification Document Section and Topic of Potential Concern "MODIFICATION #9 §165-13313 Master development plan, contiguous land §165-141A(8) Master development plan, contents §165-141B(2);(4);(8) Master development plan, R4 contents Alternative Design Standard The provision of a detailed Master Development Plan(for"`Stephenson Village that is designed to reflect the acreage within the communitythat is planned for development by specific phase and provides an aggregate tabulation of'all required development percentages to ensure that the requirement's 'of the R4 District and the proffered Generalized Development Plan are met throughout the development of the Stephenson Village community. ISSUE: Maintaining an accurate aggregate tabulation of all required development percentages top ensure that the.required R4 District and;:;the proffered GDP are met will be challenged when, there are.multiphe,) MDPs.`"This Modification was designed to enable the detailed MDP.to be grown, ds'the project progressed, as opposed to the crafting of a'smgle MDP at time of rezoning consideration, and utilize the aggregate . abulation to trackproffer and ordinance compliance. Tracking compliance will be ydifficultif various MDPs are progressing concurrently. COUNTY ENFORCEMENT.... Deny all zoning related permissions within the entire Snowden Bridge development if the aggregate tabulations violate the ordinance and proffered standards'. POTENTIAL RESOLUTION TO ENABLE SEPARATE MDPs: Utilize a single aggregate tabulation sheet covering all development within the entire Snowden Bridge project that reflects the accumulated planned development of all MDPs, and require that the tabulation sheet be updated with every MDP submission, confirming tabulation compliance prior to approving MDPs (and subsequent revisions). Snowden Bridge MDP Files 01-14, 06-12, 01-12, 01-11, 01-10, and Snowden Bridge MDP Request to Enable MDP Modification by Individual Developers