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HomeMy WebLinkAbout10-24 Proffer Statement - REV 072525 + Note*The acreage is as a result of a current survey of both parcels which are the subject of the rezoning. PROFFER STATEMENT REZONING: RZ# 10-24 Rural Areas (RA) (100.53+/-acres) to Residential Performance (RP) (100.53 +/- acres) PROPERTY: 100.53 Acres +/-; Tax Map Parcels 65-A-195 and 65-A-194B (collectively, the “Property”*) RECORD OWNER: Tax Map Parcel 65-A-195: Lisa Ann Riggleman-Gross Tax Map Parcel 65-A-194B: Remington J. Cussen (collectively, “Owners”) APPLICANT: T VA Winchester II LLC (“Applicant”) ORIGINAL DATE OF PROFFERS: November 19, 2024 REVISION DATE: July 25, 2025 The undersigned Owners and Applicant hereby proffer that the use and development of the above-referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above-referenced RP conditional rezoning is not granted as applied for by Owners and Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with “final rezoning” defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors’ (the “Board”) decision granting the rezoning may be contested in the appropriate court. If the Board’s decision is contested, and the Owners and Applicant elect not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The terms “Owners” and “Applicant” as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the “Generalized Development Plan,” shall refer to the plan entitled “Generalized Development Plan” dated July 23, 2025 (the “GDP”), attached hereto and incorporated herein by reference as “Exhibit A,” and shall include the following: 4 portion of the Property that accommodates the one hundred four foot (104’) wide right-of-way for the future Virginia Route 37 and such other additional widths of right-of-way that may be appropriate for the intersections of this right-of-way with existing or future public roads, such as Senseny Road and the future road[s] to be dedicated on contiguous property. 7.5 Major Collector Road a. Applicant shall construct a two-lane section of a major collector road with a fifty (50) mile per hour design speed in the area of the Property dedicated for the future right-of- way of Virginia Route 37 in the general location shown on the GDP to a point which is 660± LF from Senseny Road and which is consistent with a two-lane portion of the typical road cross section. Access to the aforementioned major collector road segment on the Property shall be limited to one (1) point of access for the single family attached and/or detached residential land bay and, when the remainder of Virginia Route 37 is constructed by others, there shall be no more than two (2) points of access for the residential land bays as shown on the GDP. b. Construction of the 660± LF two-lane section of the major collector road from Senseny Road to the general location shown on the GDP shall be installed, open and available for traffic no later than receipt of twenty percent (20%) of the total certificates of occupancy based on the approved master development plan. c. Applicant proffers to update and resubmit all bonds and performance agreements within five (5) years of their initial issuance to ensure that any and all public improvements, including, but not limited to, roadwork is updated to reflect any changes in cost that have occurred during the preceding five (5) year period. 7.6 All public streets and roads shall be designed and constructed in accordance with the Virginia Department of Transportation (VDOT) subdivision street requirements and subject to review and approval by the County and shall be subject to Virginia Department of Transportation (“VDOT”) approval. 7.7 All sidewalks shall be constructed with a minimum width of 5 feet as shown on the GDP to accommodate pedestrian movement. 7.8 Applicant shall construct a ten foot (10’) wide shared use path within the right-of- way of Senseny Road in the general location shown on the GDP and along the two-lane section of the major collector road described in Paragraph 7.5. 8. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS 8.1 Any portion of the Property hereafter dedicated for public street purposes (or otherwise conveyed to a public entity) shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these Proffers. 5 9. SEVERABILITY 9.1 In the event any portion of these Proffers are subsequently determined to be illegal or unenforceable, the remaining Proffers shall continue in full force and effect. 10. BINDING EFFECT 10.1 These Proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns, and successors in interest of the Owners and Applicant. 11. ESCALATOR CLAUSE 11.1 In the event the monetary contributions set forth in these Proffers are paid to the County within twelve (12) months of the approval of this rezoning, as applied for by Owner, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in these Proffers which are paid to the County after twelve (12) months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (“CPI-U”) published by the United States Department of Labor, such that at the time contributions are paid they shall be adjusted by the percentage change in the CPI-U from that date twelve (12) months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid.