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HomeMy WebLinkAbout06-03 2 year extension (11-17-2027) of Proffer 13 FCOUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 CERTIFIED MAIL November 17, 2025 Thomas Moore Lawson, P.C. Attn: Thomas Moore Lawson, Esq 120 Exeter Drive, Suite 200 P.O. 2749 Winchester, VA 22604 RE: Stephenson Village Proffer 13 F Dear Mr. Lawson: This correspondence is regarding your correspondence to the Planning Director regarding Proffer 13 F Rezoning #06-03 Stephenson Village, approved by the Frederick County Board of Supervisors on September 24, 2003. In your correspondence you are requesting a two (2) year extension for the commencement of commercial construction. Proffer 13 F calls for a minimum of 60,000 sq. ft. commercial space to be constructed within land bay IV, as indicated on the Generalized Development Plan (GDP), with work beginning no later than the issuance of the 1,200 non-age restricted residential building permit and with completion of this space within eighteen (18) months. Our records indicate this threshold has been met and this proffer has in turn not been satisfied. Proffer 13 F allows for a two (2) year extension for the commencement of commercial construction within Snowden Bridge, if requested by the property owner(s). Therefore, the request from Frederick County for a two (2) year extension of commencement of the commercial construction is granted starting November 17, 2025, until November 17, 2027, to satisfy Proffer 13 F. If you have any questions regarding this letter, please do not hesitate to call 540-665-5651 or email me at mcheran@fcva.us. Sincerely, Mark R. Cheran Zoning Administrator Enclosure: Proffer Statement Commercial Center :13-F Page lb 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 asset 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 HISTOMAL AND CULTURAL RESOURCES: A. Byers house: The Byers house will be preserved as deemed appropriate by the Applicant. B. Cemeteries: Prior to commencement of any earth disturbing activity in any section of the Property, the applicant shall mark and identify any cemeteries which may be located there. In the event any onsite cemeteries are found, the applicant shall preserve those cemeteries in accordance with all County and State regulations. 13. COMMERCIAL CENTER: The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center that will be developed at a time to be determined by Applicant. Within the commercial center development, the following shall be provided: A. The Applicant shall provide for all turn lanes and traffic signalization on the Major Collector Road serving the commercial center as warranted by VDOT. The Page 17 September 3, 2003 Applicant shall conduct traffic impact analysis studies for each commercial site plan submitted to Frederick County that will be reviewed and approved by VDOT to determine when these improvements are warranted. A traffic signalization agreement will be executed with VDOT by the Applicant to ensure that commercial uses developed prior to the warrants for traffic signalization contribute their pro-rata share for this improvement. B. The Applicant shall record architectural and design restrictive covenants for the commercial center and shall submit a copy to the Frederick County Planning Director and the Frederick County Building Official with the first site plan within the commercial center. Said covenants shall provide for the establishment of an architectural review board for the purpose of review and approval of all architectural elevations and signage for all commercial uses to assure a continuity of overall architectural appearances within the entire commercial development. C. The Applicant shall ensure that all commercial site plans submitted to Frederick County for the commercial center are designed to implement best management practices (BMP) to promote storm water quality measures. A statement will be provided on each commercial site plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. D. The areas within the commercial center that are not required to be graded or cleared for the implementation of all approved site plans will remain undisturbed. One-way travel aisles will be utilized where practical to reduce the impervious area 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'" 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.