HomeMy WebLinkAbout22-06 Proffer StatementAMENDMENT
Action:
PLANNING COMMISSION: January 17, 2007 Recommended Approval
BOARD OF SUPERVISORS: February 28, 2007 APPROVED DENIED
WHEREAS, Rezoning #22 -06 of Southern Hills, submitted by William H. Gordon Associates, Inc., to
rezone 15.53916 acres from RP (Residential Performance) District to B2 (General Business) District with
proffers, and 90 acres from RP (Residential Performance) District to RP (Residential Performance) District
with revised proffers, for residential and commercial uses, was considered. The properties are located
approximately 2,800 feet south of the intersection of Route 277 and Town Run Lane, in the Opequon
Magisterial District, and are identified by Property Identification Numbers 85D -1 -1 -1 through 85D -1 -1-
95B and 85 -A -138.
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 17, 2007;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 28, 2007;
and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare. and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
change 15.53916 acres from RP (Residential Performance) District to B2 (General Business) District
with proffers, and 90 acres from RP (Residential Performance) District to RP (Residential Performance)
District with revised proffers, for residential and commercial uses, as described by the application and
plat submitted. subject to the attached conditions voluntarily proffered in writing by the applicant and
the property owners.
PDRes. I0 -07
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #22 -06 OF SOUTHERN HILLS
Richard C. Shickle, Chairman
Gary Dove
Gene E. Fisher
Philip A. Lemieux
PDRes. 410-07
This ordinance shall be in effect on the date of adoption.
Passed this 28th day of February, 2007 by the following recorded vote:
Aye
Aye
Aye
Aye
Barbara E. Van Osten
Bill M. Ewing
Charles S. Del- laven, Jr.
A COPY ATTEST
Joh i ''i ey, Jr.
Fr: der k County Administrator
Aye
Aye
Aye
Project Name: Southern Hills
Original Date
of Proffers:
June 6, 2001
Revision Date: January 31, 2007
Preliminary Matters
PROFFER STATEMENT
Southern Hills Subdivision
Rezoning: Rezoning Application No. 22 -06. Rezoning of 105.54 acres from
Residential Performance (RP) to Residential Performance (RP)
(90 acres) and B2 Commercial (15.54 acres).
Property: See Attachment A for Property Identification Nos. (Opequon
Magisterial District)
Record Owner: Arcadia Development Co.; Arcadia Southern Hills, L.L.C.; Southern
Hills Homeowners Association, Tnc.
Applicant: Arcadia Development Co.
Pursuant to Section 15.2 -2296 et. seq. of the 1950 Code of Virginia, as amended, and the
applicable provisions of the Frederick County Zoning Ordinance with respect to
conditional rezoning, the undersigned applicant hereby proffers that in the event the
Board of Supervisors of Frederick County, Virginia shall approve Rezoning Application
No. 22 -06 for the rezoning of 105.54 acres from Residential Performance (RP) to
Residential Performance (RP) [90 acres] and B2 Commercial 15.54 acres] with revised
proffers, development of the subject property shall he done in conformity with the terms
and conditions set forth herein, except to the extent that such terms and conditions may
be subsequently amended or revised by the applicant and such be approved by the
Frederick County Board of Supervisors in accordance with Virginia law. In the event
that such rezoning is not granted, then these proffers shall be deemed withdrawn and of
no effect whatsoever and all proffers currently in effect on the subject property as of the
date this document was executed by the applicant shall continue in full force and effect.
These proffers shall be binding on the applicant and its legal successors and assigns.
Monetary Contribution to Offset Impact of Development
The undersigned, who owns the above described property, hereby voluntarily proffers
that if the Board of Supervisors for the County of Frederick, Virginia approves the
rezoning for the approximately 105 acres, with frontage along Town Run Lane in the
Opequon Magisterial District of Frederick County. Virginia from Residential
Performance (RP) to Residential Performance (RP) [90 acres] and B2 Commercial 15.54
acres], the undersigned will pay to Frederick County at the time a building permit is
applied for and issued the sum of $4,910.00 per residential lot.
This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for
Frederick County Parks and Recreation; 5446.00 for Frederick County Fire and Rescue
$105.00 for Public Library; $59.00 for Sheriff's Office and 5121.00 for Administration
Building.
General Development Plan
Should the Board of Supervisors of Frederick County, Virginia approve Rezoning
Application No. 22 -06, then in such event development of the subject property shall be
done in conformity with the attached voluntarily- proffered revised Generalized
Development Plan including the following improvements:
1. On the 90 acres to be zoned RP no more than 88 single- family detached urban
residence units and no more than 232 totwthouse units shall be constructed. The
balance of the property zoned B2 commercial shall be developed in accordance
with the uses specified in the 82 commercial zoning district. The development
of the public street network shall be in general confomtance with the revised
Generalized Development Plan dated October. 2006.
2. Stickley Drive (SR 1085) shall be extended as shown to connect with Town Run
Lane (SR 1012) during the first phase of development (A to B).
3. Town Run Lane (SR 1012) shall he overlaycd with a bituminous concrete surface
from B to C. Guard rail shall be installed right and left along Town Run Lane
"fill" areas greater than 7' vertical. The improvements are to be further described
by a VDOT Pennit to be issued at the time of work. This work shall he done
prior to the issuance of the 50`" building permit.
4. Town Run Lane (SR 1012) shall he overlaycd with a bituminous concrete surface
from C to D during the phase where the entrance at "D" is constructed. These
improvements are to be further described by a VDOT Permit to be issued at the
time of the work.
5. An easement shall be established 75' in depth along the South property line E to
F. This easement will be prominently shown on the final plat and will restrict
construction of homes as well as limiting the clear cutting of trees larger than 4"
diameter. [This proffer was fulfilled and recorded on the Southern Hills
Subdivision Phase I Final Subdivision Plat, Instrument No.060011588.]
6. A statement shall be added to the plat and covenants for all lots created by this
project advising that agricultural uses exist on the South and East, the Ewing
Family cemetery exists within thc limits of development, and wastewater
treatment facilities exist or previously existed to the North of this site.
7. The Ewing Family cemetery will be set aside as a separate lot with public access
via an appropriate easement(s) and conveyed, if possible, to the Ewing family
with covenants for future maintenance by the Ewing family.
8. A contribution of 100,000 for construction funding shall be made at the time
VDOT implements the construction of a stoplight at thc intersection of Stickley
Drive and Rte. 277. [This proffer was fulfilled on March 3, 2005]
9. The Property Owner agrees to dedicate the right -of -way as shown on the revised
Generalized Development Plan for the future Warrior Drive extension (the
"road across that portion of the Owner's property zoned B2 Commercial in the
location depicted on the Generalized Development Plan. The Property Owner
agrees to dedicate the right -of -way for the road within ninety (90) days of a
written request by the County, provided that Rezoning Application No. 22 -06 has
been approved by the Frederick County Board of Supervisors and all applicable
appeal periods have expired and no appeal has been filed. The Owner's
dedication of the right -of -way for the road is further conditioned on the
following: (a) the deed dedicating the right -of -way shall contain language, as a
covenant running with the land, granting the Owner the right, at any time in the
future and at Owner's expense, to place underground utilities across, or parallel
to, the dedicated right -of -way for the road (including, but not limited to, gas,
electric, cable, telephone, storm sewer, sanitary sewer, and waterline); (b) the
deed dedicating the right -of -way shall contain language, as a covenant running
with the land, requiring that the road shall have, at the Owner's discretion, a
minimum of two entrances from the north side of Warrior Drive into the Owner's
proposed commercial development, which two entrances shall meet applicable
VDOT and County regulations and entrance spacing standards and be engineered
into the design of the road, with turning lanes as required, for the full
development of the subject property, during the design phase of the road; and
requiring that the Owner and /or its designated representative(s) be entitled to
meaningfully participate in the design of the road as regards the location and
design of the two entrances; and (c) the deed dedicating the right -of -way shall
contain language, as a covenant running with the land, granting the Owner, its
successors and assigns, the right at any time(s) in the future, to establish and
locate construction and/or grading easements over and across the dedicated right
of -way in locations determined by the Owner, its successors and assigns, to be
necessary for the development of the B2 Commercial property and/or the
Residential Performance (RP) property provided that, upon construction of the
road as a public street accepted into the state highway system by VDOT, the
language regarding easements contained in this subparagraph 9 (c) shall
thereupon be considered void.
10. Owner agrees that no greater than ten percent (10 of the 676,885 maximum
allowable commercial square footage in the B2 zone shall be constructed before
the portion of the Warrior Drive extension road traversing Owner's property is
constructed.
11. Owner agrees to limit residential building permits on the Property to a maximum
of seventy -five (75) permits per year, on a calendar basis commencing January I,
2007, provided however that any unissued (but otherwise allowable) yearly
permits will accumulate to Owner's benefit for subsequent years. For example,
if Owner pulls only 50 building permits in 2007, Owner shall be entitled to 100
permits in 2008; should Owner pull only 50 permits in 2008, Owner shall bc
entitled to 125 permits in 2009. Residential building pemits issues prior to
January 1, 2007 are not to bc considered a part of this proffer.
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in interest of the Applicant and Owner. In the event the Frederick
County Board of Supervisors grants said rezoning and accepts these conditions, the
proffered conditions shall supersede all previous proffered conditions applicable to the
Property and shall apply to the Property rezoned in addition to other requirements set
forth in the Frederick County Code.
Respectfully submitted,
ARCADIA DEVELOPMENT CO.
Property Owner�
B y: j�c✓
Its: vl7y)674
Date: //3//07
ARCADIA- SOUTHERN HILLS, L.L.C.
Prop Owner
Its:
Date: 411 1,1
Date: 414
SOU j1£RN HILLS HOMEOWNERS ASSOCIATION, INC.
t i
Rezoning: Rezoning Application No. 22 -06. Rezoning of 105.54 acres from
Residential Performance (RP) to Residential Performance (RP)
(90 acres) and B2 Commercial (15.54 acres).
Property: See Attachment A for Property Identification Nos. (Opequon
Magisterial District)
Record Owner: Arcadia Development Co.; Arcadia- Southern Hills, L.L.C.; Southern
Hills Homeowners Association, Inc.
Applicant: Arcadia Development Co.
Project Name: Southern Hills
Original Date
of Proffers:
Preliminary Matters
June 6, 2001
Revision Date: January 31, 2007
PROFFER STATEMENT
Southern Hills Subdivision
Pursuant to Section 15.2 -2296 ct. seq. of the 1950 Code of Virginia, as amended, and the
applicable provisions of the Frederick County Zoning Ordinance with respect to
conditional rezoning, the undersigned applicant hereby proffers that in the event the
Board of Supervisors of Frederick County, Virginia shall approve Rezoning Application
No. 22 06 for the rezoning of 105.54 acres from Residential Performance (RP) to
Residential Performance (RP) [90 acres] and B2 Commercial (15.54 acres] with revised
proffers, development of the subject property shall he done in conformity with the terms
and conditions set forth herein, except to the extent that such terms and conditions may
be subsequently amended or revised by the applicant and such be approved by the
Frederick County Board of Supervisors in accordance with Virginia law. In the event
that such rezoning is not granted, then these proffers shall be deemed withdrawn and of
no effect whatsoever and all proffers currently in effect on the subject property as of the
date this document was executed by the applicant shall continue in fill force and effect.
These proffers shall be binding on the applicant and its legal successors and assigns.
Monetary Contribution to Offset Impact of Development
The undersigned, who owns the above described property, hereby voluntarily proffers
that if the Board of Supervisors for the County of Frederick, Virginia approves the
rezoning for the approximately 105 acres, with frontage along Town Run Lane in the
Opequon Magisterial District of Frederick County. Virginia from Residential
Performance (RP) to Residential Performance (RP) [90 acres] and B2 Commercial 15.54
acres], the undersigned will pay to Frederick County at the time a building perrttit is
applied for and issued the sum of S4,910.00 per residential lot.
This monetary proffer provides for 53,581.00 for Frederick County Schools; $598.00 for
Frederick County Parks and Recreation; S446.00 for Frederick County Fire and Rescue;
$105.00 for Public Library; 859.00 for Sheriffs Office and 8121.00 for Administration
Building.
General Development Plan
Should the Board of Supervisors of Frederick County, Virginia approve Rezoning
Application No. 22 -06, then in such event development of the subject property shall be
done in conformity with the attached voluntarily- proffered revised Generalized
Development Plan including the following improvements:
1. On the 90 acres to be zoned RP no more than 88 single- family detached urban
residence units and no more than 232 townhouse units shall be constructed. The
balance of the property zoned B2 commercial shall he developed in accordance
with the uses specified in the B2 commercial zoning district. The development
of the public street network shall be in general conformance with the revised
Generalized Development Plan dated October. 2006.
2. Stickley Drive (SR 1085) shall be extended as shown to connect with Town Run
Lane (SR 1012) during the first phase of development (A to B).
3. Town Run Lane (SR 1012) shall he overlayed with a bituminous concrete surface
from B to C. Guard rail shall be installed right and left along Town Run Lane
"fill" areas greater than 7' vertical. The improvements are to be further described
by a VDOT Pennit to be issued at the time of work. This work shall he done
prior to the issuance of the 50 building permit.
4. Town Run Lane (SR 1012) shall he overlayed with a bituminous concrete surface
from C to D during the phase where the entrance at "D" is constructed. These
improvements are to be further described by a VDOT Permit to be issued at the
time of the work.
5. An easement shall be established 75' in depth along the South property line E to
F. This easement will be prominently shown on the final plat and will restrict
construction of homes as well as limiting the clear cutting of trees larger than 4"
diameter. [This proffer was fulfilled and recorded on the Southern Hills
Subdivision Phase I Final Subdivision Plat, Instrument No.060011588.]
6. A statement shall be added to the plat and covenants for all lots created by this
project advising that agricultural uses exist on the South and East, the Ewing
Family cemetery exists within thc limits of development, and wastewater
treatment facilities exist or previously existed to the North of this site.
7. The Ewing Fancily cemetery will be set aside as a separate lot with public access
via an appropriate easement(s) and conveyed, if possible, to the Ewing family
with covenants for future maintenance by the Ewing family.
8. A contribution of 100,000 for construction funding shall he made at the time
VDOT implements the construction of a stoplieht at the intersection of Stickley
Drive and Rte. 277. [This proffer was fulfilled on March 3, 2005]
9, The Property Owner agrees to dedicate the right -of -way as shown of thc revised
Generalized Development Plan for the future Warrior Drive extension (the
"road across that portion of the Owner's property zoned B2 Commercial in the
location depicted on the Generalized Development Plan. The Property Owner
agrees to dedicate the right -of -way for the road within ninety (90) clays of a
written request by the County, provided that Rezoning Application No. 22 -06 has
been approved by the Frederick County Board of Supervisors and all applicable
appeal periods have expired and no appeal has been filed. The Owner's
dedication of the right -of -way for the road is further conditioned on the
following: (a) the deed dedicating the right -of -way shall contain language, as a
covenant running with the land, granting the Owner the right, at any time in the
future and at Owner's expense, to place underground utilities across, or parallel
to, the dedicated right -of -way for the road (including, hut not limited to, gas,
electric, cable, telephone, storm sewer, sanitary sewer, and waterline); (b) the
deed dedicating the right -of -way shall contain language, as a covenant running
with the land, requiring that the road shall have, at the Owner's discretion, a
minimum of two entrances from the north side of Warrior Drive into the Owner's
proposed commercial development, which two entrances shall meet applicable
VDOT and County regulations and entrance spacing standards and be engineered
into the design of the road, with turning lanes as required, for the full
development of the subject property, during the design phase of the road; and
requiring that the Owner and /or its designated representative(s) be entitled to
meaningfully participate in the design of the road as regards the location and
design of the two entrances; and (c) the deed dedicating the right -of -way shall
contain language, as a covenant running with :he land, granting the Owner, its
successors and assigns, the right at any time(s) in the future, to establish and
locate construction and/or grading easements over and across the dedicated right
of -way in locations determined by the Owner, its successors and assigns, to he
necessary for the development of the B2 Commercial property and/or the
Residential Performance (RP) property provided that, upon construction of the
road as a public street accepted into the state highway system by VDOT, the
language regarding easements contained in this subparagraph 9 (c) shall
thereupon be considered void.
10. Owner agrees that no greater than ten percent (10%) of the 676,885 maximum
allowable commercial square footage in the B2 zone shall be constructed before
the portion ofthc Warrior Drive extension road traversing Owner's property is
constructed.
11 Owner agrees to limit residential building permits on the Property to a maximum
of seventy -five (75) permits per year, on a calendar basis commencing January 1,
2007, provided however that any unissued (but otherwise allowable) yearly
permits will accumulate to Owner's benefit for subsequent years. For example,
i`Owner pulls only 50 building permits in 2007, Owner shall be entitled to 100
permits in 2008; should Owner pull only 50 permits in 2008, Owner shall be
entitled to 125 permits in 2009. Residential building permits issues prior to
January 1, 2007 are not to be considered a part of this proffer.
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in interest of the Applicant and Owner. 111 the event the Frederick
County Board of Supervisors grants said rezoning and accepts these conditions, the
proffered conditions shall supersede all previous proffered conditions applicable to the
Property and shall apply to the Property rezoned in addition to other requirements set
forth in the Frederick County Code.
Respectfully submitted,
ARCADIA DEVELOPMENT CO.
Property Owner
By: 21-
Its: P, dZ,77
Date: //2/
ARCADIA- SOUTHERN HILLS, L.L.C.
Prop Owner
Its:
Date: 411 jai
SOU }ERN HILLS HOMEOWNERS ASSOCIATION, INC.
It 46
Its �,spt ,d lx
Date: 411 Lt
Project Name: Southern Hills
Original Date
of Proffers:
Revision Date: January 31, 2007
Preliminary Matters
June 6, 2001
PROFFER STATEMENT
Southern Ilillc .Suhdivision
Rezoning: Rezoning Application No. 22 -06. Rezoning of 105.54 acres from
Residential Performance (RP) to Residential Performance (RP)
(90 acres) and B2 Commercial (15.54 acres).
Property: See Attachment A for Property Identification Nos. (Opequon
Magisterial District)
Record Owner: Arcadia Development Co.; Arcadia Southern Hills, L.L.C.; Southern
Hills Homeowners Association, Inc.
Applicant: Arcadia Development Co.
Pursuant to Section 15.2 -2296 ct. seq. of the 1950 Code of Virginia, as amended, and the
applicable provisions of the Frederick County Zoning Ordinance with respect to
conditional rezoning, the undersigned applicant hereby proffers that in the event the
Board of Supervisors of Frederick County, Virginia shall approve Rezoning Application
No. 22 -06 for the rezoning of 105.54 acres from Residential Performance (RP) to
Residential Performance (RP) [90 acres] and B2 Commercial 15.54 acres] with revised
proffers, development of the subject property shall he done in conformity with the terms
and conditions set forth herein, except to the extent that such terms and conditions may
be subsequently amended or revised by the applicant and such be approved by the
Frederick County Board of Supervisors in accordance with Virginia law. In the event
that such rezoning is not granted, then these proffers shall be deemed withdrawn and of
uo effect whatsoever and all proffers currently in effect on the subject property as of the
date this document was executed by the applicant shall continue in full force and effect.
These proffers shall be binding on the applicant and its legal successors and assigns.
Monetary Contribution to Offset Impact of Development
The undersigned, who owns the above described property, hereby voluntarily proffers
that if the Board of Supervisors for the County of Frederick, Virginia approves the
rezoning for the approximately 105 acres, with frontage along Town Run Lane in the
Opequon Magisterial District of Frederick County. Virginia from Residential
Performance (RP) to Residential Performance (RP) [90 acres] and 132 Commercial [15.54
acres], the undersigned will pay to Frederick County at the time a building permit is
applied for and issued the swn of $4,910.00 per residential lot.
This monetary proffer provides for 53,581.00 for Frederick County Schools; 5598.00 for
Frederick County Parks and Recreation; 5446.00 for Frederick County Fire and Rescue;
5105.00 for Public Library; 559.00 for Sheriff's Office and 5121.00 for Administration
Building.
General Development Plan
Should the Board of Supervisors of Frederick County, Virginia approve Rezoning
Application No. 22 -06, then in such event development of the subject property shall be
done in conformity with the attached voluntarily- proffered revised Generalized
Development Plan including the following improvements:
1. On the 90 acres to be zoned RP no more than 88 single- family detached urban
residence units and no more than 232 townhouse units shall be constructed. The
balance of the property zoned 132 commercial shall be developed in accordance
with the uses specified in the B2 commercial zoning district. The development
of the public street network shall be in general conformance with the revised
Generalized Development Plan dated October. 2006.
2. Sti:kley Drive (SR 1085) shall be extended as shown to connect with Town Run
Lane (SR 1012) during the first phase of development (A to 13).
3. Town Run Lane (SR 1012) shall he ovcrlaycd with a bituminous concrete surface
from B to C. Guard rail shall be installed right and left along Town Run Lane
"fill" areas greater than 7' vertical. The improvements are to he further described
by a VDOT Permit to be issued at the time of work. This work shall he done
prior to the issuance of the 50 building permit.
4. Town Run Lane (SR 1012) shall be overlaycd with a bituminous concrete surface
from C to D during the phase where the entrance at "D" is constructed. These
improvements are to be further described by a VDOT Permit to be issued at the
time of the work.
5. An easement shall be established 75' in depth along the South property line E to
F. This easement will be prominently shown on the final plat and will restrict
construction of homes as well as limiting the clear cutting of trees larger than 4"
diameter. [This proffer was fulfilled and recorded on the Southern Hills
Subdivision Phase I Final Subdivision Plat, Instrument No.060011588.]
6. A statement shall be added to the plat and covenants for all lots created by this
project advising that agricultural uses exist on the South and East, the Ewing
Family cemetery exists within the limits of development, and wastewater
treatment facilities exist or previously existed to the North of this site.
7. The Ewing Family cemetery will be set aside as a separate lot with public access
via an appropriate easement(s) and conveyed, if possible, to the Ewing family
with covenants for future maintenance by the Ewing family.
3. A contribution of 100,000 for construction funding shall he trade at the time
VDOT implements the construction of a stoplight at the intersection of Stickley
Drive and Rte. 277. [This proffer was fulfilled on March 3, 2005]
9. The Property Owner agrees to dedicate the right -of -way as shown on thc revised
Generalized Development Plan for the future Warrior Drive extension (the
"road") across that portion of the Owner's property zoned B2 Commercial in the
location depicted on thc Generalized Development Plan. The Property Owner
agrees to dedicate the right -of -way for the road within ninety (90) days of a
written request by the County, provided that Rezoning Application No. 22 -06 has
been approved by the Frederick County Board of Supervisors and all applicable
appeal periods have expired and no appeal has been filed. The Owner's
dedication of the right -of -way for the road is further conditioned on the
following: (a) the deed dedicating the right -of -way shall contain language, as a
covenant running with the land, granting the Owner the right, at any time in the
future and at Owner's expense, to place underground utilities across, or parallel
to, the dedicated right -of -way for the road (including, but not limited to, gas,
electric, cable, telephone, stone sewer, sanitary sewer, and waterline); (b) the
deed dedicating the right -of -way shall contain language, as a covenant running
with the land, requiring that the road shall have, at the Owner's discretion, a
minimum of two entrances from the north side of Warrior Drive into thc Owner's
proposed commercial development, which two entrances shall meet applicable
VDOT and County regulations and entrance spacing standards and be engineered
into the design of the road, with turning lanes as required, for the full
development of the subject property, during the design phase of the road; and
requiring that the Owner and /or its designated representative(s) he entitled to
meaningfully participate in the design of the road as regards the location and
design of the two entrances; and (c) the deed dedicating the right -of -way shall
contain language, as a covenant running with the land, granting the Owner, its
successors and assigns, the right at any time(s) in the future, to establish and
locate construction and /or grading easements over and across the dedicated right
of -way in locations determined by the Owner, its successors and assigns, to he
necessary for the development of the B2 Commercial property and/or the
Residential Performance (RP) property provided that, upon construction of the
road as a public street accepted into the state highway system by VDOT, the
language regarding easements contained in this subparagraph 9 (c) shall
thereupon be considered void.
10. Owner agrees that no greater than ten percent (10 of the 676,885 maximum
allowable commercial square footage in the B2 zone shall be constructed before
the portion of the Warrior Drive extension road traversing Owner's property is
constructed.
11 Owner agrees to limit residential building permits on the Property to a maximum
of seventy -five (75) permits per year, on a calendar basis commencing January 1,
2007, provided however that any unissued (hut otherwise allowable) yearly
permits will accumulate to Owner's benefit for subsequent years. For example,
if Owner pulls only 50 building permits in 2007, Owner shall be entitled to 100
permits in 2008; should Owner pull only 50 permits in 2008, Owner shall be
entitled to 125 permits in 2009. Residential building pertnits issues prior to
January 1, 2007 are not to be considered a part of this proffer.
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in interest of the Applicant and Owner. In the event the Frederick
County Board of Supervisors grants said rezoning and accepts these conditions, the
proffered conditions shall supersede all previous proffered conditions applicable to the
Property and shall apply to the Property rezoned in addition to other requirements set
forth in the Frederick County Code.
Respectfully submitted,
ARCADIA DEVELOPMENT CO.
Property Owner
By:
lts: f l rC1c' i
Date: //3/07
Date: 411. Lm
ARCADIA- SOUTHERN HILLS, L.L.C.
Prop Owner
Its: t l
SOU }ERN HILLS HOMEOWNERS ASSOCIATION, INC.
y
Its:
Date: 41110
State of California
County of Santa Clara
On }init;,tl't4 d(C7beforeme, C?'^,r'e Notary Public,
personally appeared C l t I �re :1 L!, r r'1
personally know to me, or- provcdlo -me- on-the basis of- satisfactory evidence -to -be -the
personts whose name(s) is /are subscribed to the %xithin instrument and acknowledged to
me that he /she /they executed the same in his/hers. heir authorized capacity(ies) and that by
his /her/their signatureN. on the instrument the person(s.), or the entity upon behalf of
which the personO acted. executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
Notary Public.
Ju t A rcs I1/30I2o.o
NOTARIAL SEAL 1
1 GIss�A fl GOMEZ
165 4216
Commission C` 16516
Notary Public Calltomla
Santa Clara County
My Comm. ExpUos Apr 23.2010,
Commonwealth Of Virginia
County of Loudoun
The foregoing instrument was acknowledged before me this 1 St.
da y or
6�ri 2007 by Dc L. N&' u-c as �,�rvte 4' of
ARCADIA- SOUTHERN HILLS, L.L.C.
Commonwealth Of Virginia
County of Loudoun
The foregoing instrument was acknowledged before me this 1 54- day of
cO
.w.. 2007 by orald. L. *.styli as 11tacMWr %ta Ikr of
SOUTHERN HILLS HOMEOWNERS ASSOCIATION, INC.
Noiary Public
k1/4A4 .7stoti E,pces l \laojzoro
Southern Hills Subdivision
Proffer Statement
Attachment "A" Property identification Nos.
85D 1 1 31 85D 1 1 61
85D 1 1 1 8501 1 32 85D 1 1 62
8501 1 3 1
850 1 1 3 850 I 1 33 850 1 63
85D 1 1 5
8501 1 34 S5D l 1 64
1
850 s;D 1 65 1 t 5 85D 1 135 85D 1 1 66
8SD 1 16 851) l l 36
8501 1 8
85D 1 1 37 8SD I 1 67
1
850 1 1 8 S851D l l 38 s5D 1 68
850 1 1 9
850 1 1 39 85D 1 1 69
l
8501 l 10 850 1 1 40 85D 1 70
1 171
8501111 8501141
8512 1 1 42 85D 1 1 72
85D 1 1 12 851) 1 1 43 850 1 173
85D 1 1 13 85D 1 1 74
850 1 I 14 8 5 D 1 1 4 4 850 1 1 75
850 1 1 15 850 1 1 45 8,5D 176
850 1 1 16 850 1 1 46 85D 1 177
850 1 1 17 850 1 1 47
85011
85D 1 1 48 U5D 1 1 78
850 i 1 19 850 1 S 49 1, S50 I 79
;p 1 80
8501 1 20 85D 1 1 50
8513 1 21 85D 1 1 51 s5D 1 81
850 i 'L2 851) 1 t 52
_D 1 82
1
850 1 1 23
85D1153 SSD1 I83
1 84 1
850 1 1 24 8512 1 34 551`)
1
8501 l 25 850 I i 55 5D 185 1 1 8c`-
8501126 8512 1156 x585 0 21186
85D 1 1 27 850 1 1 5 7 t,: 1 1 87
851) 1 1 28 850 1 l 58 1 89
850 1 1 29 8SD 1 1 59 5;512 ;:,D 1 1 1 90
850 1 30 8501 160
8501191
850 1 1 92
850 I 1 93
850119
85D I 1 95
850 1 1 95A
850 1 1 95B
85 A 138
Rezonin
Property:
Record
Applicant'
Pro tec t
Ori ink al Date
of Proffers:
Rezoning Application No. l -04 Rezoning of 105.54 acres from
Residential Performance (RP) to Residential Performance (RP)
(90 acres) and B2 Commercial 15.54 acres).
See Attachment A for Property Identification Nos. (Opequon
Magisterial District)
Arcadia Development Co.: Arcadia Southem Hills, L.L.C.: Southern
Hills Homeowners Association. Inc.
Arcadia Development Co.
Southern Hills
June 6, 2001
Revision Date: December 20, 2006
PROFFER STATEMENT
Southern Hills Suhdivision
Preliminary Matters
Pursuant to Section 15.2 -2296 et. seq. of the 1 951) Code of Virginia, as amended, and the
applicable provisions of the Frederick County Zoning Ordinfcrce with
in the respect to the
conditional rezoning, the undersigned applicant hereby prof
Board of Supervisors of Frederick County. Virginia shall approve Rezoning Application
R e s id ent s
for the re(RP) 90 acres] and B2 from 15.54 acres] with revised
proffers, development of tRP
profsvopment of the subject property shall be done in conformity with the terms
and conditions set forth herein, except to the extent that such ch tebe rrns and con tit one may
be subsequently amended or revised by the applicant
Frederick County Board of Supervisors in accordance with Virginia law. In the event
that such rezoning is not granted, then these proffers shall be deemed withdrawn and d o f
no effect whatsoever and all proffers currently in currently
shall o n e s subject ct propcerty a a s n the
effect.
date this document was executed by the applicant
and ill ont successors ful ls r assigns.
These proffers shall be binding on the app
Moneta Contribution to Offset 1m i act of Decelo ment proffers
The undersigned, h Board of Supervi sors so s forothe County of property, der Frederick, Virginia nia app oves the
that with frontage along Town Run Lane in the
rezoning for the approximately' 105 acres,
P 90 Virginia from
acres] and Residential B2 Commercial [15.54
O equon Magisterial District of Frederick County. V ugmia f Res permit is
Performance (RP) to Residential Performance (RP)
acres], the undersigned will pay to Frederick County at the time a building p
applied for and issued the sum of $4,910.00 per residential lot.
This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for
Frederick County Parks and Recreation; $446.00 for Frederick County Fire and Rescue;
$105.00 for Public Library; 559.00 for Sheriff's Office and $121.00 for Administration
Building.
General Develo ment Plan rove Rezoning
then in such event development of the subject property shall
Should the Board of Supervisors of Frederick County, Virginia app
be
Application onf roffered revised Generalized
be done in conformity with the attached voluntarily -p
Development Plan including the following improvements:
1. On the 90 acres to be zoned RP no more than 88 single family detached urban
residence uniand o p Y
en more ned B2 commerch�olushall be devleloped in accordance
balance of the pro
of the public street network still be in generalo district.
confomrance with he development
Generalized Development Plan P 2006.
G dated October,
2. Stickley Drive (SR 1085) shall be extended as shown to connect with Town Run
Lane (SR 1012) during the first phase of development to
3. Town Run oC Lane Guard 1012)
shall bnt overlayed with a bituminous installed r 1 t and left along Town surface Lane
from B t to
"fill" VDOT P rmit be i sued at the time of wo k ttThiscwok shall be done be be further
by a
prior to the issuance of the 50` building pert
4. Town Run
to D during the0phase where with a
"`bituminous s constructed.
These
improvements improvements are to be further described by a VDOT Permit to be issued at the
tine of the work.
5 line b to
hown on the final plat and will restrict
An easement shall be established 75' in depth along the South property
c. This easement ll be prominently
diameter. [This as recorded on the Southern Hillis than 4" of trees larger
diameter. P
Subdivision Phase !Final Subdivision Flat_ Instrument No.0600 1 1 588.
6.
A statement shall be added to the plat and co t South and lots East
r the by tis
eated a on project advising that agricultural uses exist
Family cemetery exists within the limits of development, and wastewater
treatment facilities exist or previously existed to the North of this site.
7. The Ewing Family cemetery will be set aside as a separate lot with public access
via an appropriate easement(s) and conveyed, if possible, to the Ewing family
with covenants for future maintenance by the Ewing family.
8. VA DOT implements Clements t coon true o t f a stoplight at shall intersection cti t of Stickley
VD a
Rte. 277. This proffer Drive and was fulfilled on March 3,
as shown on the revised
9. The Property Owner agrees to dedicate the right-of-way
across
Toned B2 Commercial in the location depicted on
Generalized Development Plan for the future Warrior Drive extension (the "road")
portion of the Owner's property
the County, provided that
the Generalized d Development Plan The
of apwrittn`req eues[rbys to dedicate the right-of- Board
way for the road within ninety (90) days eal has been
of S visors a sons nd d a
Application applicable appeal periods eriods have expired and no app
has been approved by the Frederick County
of Sup
The Owner's dedication ation of the right -ot -way for the road is further'conditioned future
the following: (a) the deed dedicating the right -of -way shall contain language, as a
covenant running with the land, granting the Owner the right, at any time
to, the ut u r eated
and at Owner's expense, to place underground utilities across, or par
all
ewer for the road (including, but not limited to, gas, electric, cable, telephone,
o
storm sewer, sewer, sanitary sewer, and waterline). (b) the deed dedicating the right -of -way shall
the contain language, as a covenant i n with the land, requiring that the road shall have,
at
at tOwwnerr''s S discretion, a minimum m of two entrances from the north side of Warrior
ces
t applicable with turning lanes as required, for the full
engineered into the design of the road,
development of the subject property, during the design phase of the road; and requiring
that the Owner and /or its designated representative(s) be entitled to ani g g f lla a
(c) the deed dedicating the right-of-way shall contain lang
participate in the design of the road as regards the location and design of the two
entrances; and granting the Owner, its successors and assigns, the ghts
at any time(s) run with tue to establish 6 gre s ie ri
s
o r ucc and ac nd aco an s the the dedic edicat t ated rig d rigt -wad in locations construction
determined by the Owner,
on
successors and d assigns, to be necessary for the development
rf provided that, upon
of the B B2 Commercial by
P roperty and/or the de pu blic f street accep e into the state highway system shay
construction the road public
the language o regac a a regarding easements contained in this subparagph
thereupon be considered void.
•ffered above shall be binding upo the wn heirs, executors, s administrators,
Frederick
The conditions assigns a P licant a
Cnty and successors of Supervisors in r grants i s the App h conditions,
t e the
County d Board it n shall supersede all previous proffered conditions ons applicabl the
P ro p ered rezoned in addition to other requirements set
property and shall apply to the Property
forth in the Frederick County Code.
Respectfully submitted,
ARCADIA DEVELOPMENT CO.
Property Owner
Date: \2ZOtoot"
ARCADIA- SOUTHERN HILLS, L.L.C.
Propert Owner
Its:
Date:
Date: ■t7 1 41
SOUTHERN HILLS HOMEOWNERS ASSOCIATION, INC.
d
lts:
o
State of Ui''
County of
The foregoing instrument was ackno led e this
2006, by llz
ARCADIA DEVELOPMENT CO.
OPr' 1 30..)
Nolan, Public
day of f t C
of
Commonwealth Of Virginia
County of Loudoun
The foregoing instrument was acknowledged before me this e d'a y
as
Cli1 2006 by D y�cil 1 r 1 1 Ih u 1h
ARCADIA- SOUTHERN HILLS, L.L.C.
Commonwealth Of Virginia
County of Loudoun
The foregoing instrument was acknowledged before me this
rn 2006 by ejci<, OL J=
SOUTHERN HILLS HOMEOWNERS ASSOCIATION, INC.
Notary Public
n of
Southern Hills Subdivision
Proffer Statement
Attachment "A' Property Identification Nos.
85D 1 1 1
R5D 1 1 31 850 1 1 61
85D 1 1 2 85D 1 1 32 850 1 1 62 85D 1 1 63
85D 1 1 33 85D 1 1 64
85D 1 1 3 85D 1 1 34 85D 1 1 65
85D 1 1 4 85D 1 1 35
85D115 85D1166
85131 t 6 8513 1 1 36 g5D 1 1 67
85D 1 1 7 85D 1 1 37 g5D 1 1 68
85D118 851) 1138 85D1169
85D 1 1 9 85D 1 1 39 850 1 1 70
85D 1 1 40 85D 1 1 71
85D 1 1 10 85D 1 1 41 85D 1 1 72
85D 1 1 11 85D 1 1 42
850 1 1 12 85D 1 1 43 85D 1 1 73
85D 1 1 13 85D 1 1 44 S510 1 1 74
85D 1 1 14 85D 1 1 75
8513 1 1 45 85U 1 l 76
85D 1 1 15 85D 1 146
85D 1 1 16 851) 1 1 47 85 1 1 77
85131 7 8501
8513 1 1 48 85O t 1 79
85D 1 1 18 85D 1 1 49
85D 1 1 19
85D 1 1 20 850 1 1 50 85D 1 1 80
g5D i 1 81
1 21 8513 1 1 5i 851) 1 1 82
85D 1 8513 1 1 52
85D i 1 22 850 1 1 83
8 5 D 850 i84
85D 1 1 23 85D 1 1 54
8513 1 1 24 850 1 1 85
8513 1 7 55 8513 1 i 86
8513 1 1 25 85D 1 1 56
85D 1 1 26 85D 1 1 57 85D 1 1 87
85D 1 1 27 850 1 1 89
85131128 85D 1 1 58 8501
8513 1 1 2'9 850 1 1 90
85D 1 1 30
85131
85D11
85D11
8513 1 193
85D 1 1 94
85D11
85D 1 1 95A
85D 1 1 95B
85 A 138
Rezonin
Property:
inal Date of Proffers: June 6, 2001
Revision Date: December 20, 2006
Preliminar
Matters
PROFFER STATEMENT
Southern Hills S,hdirision
Rezoning Application No. -b6. Rezoning of 105.54 acres from
Residential Performance (RP) to Residential Performance (RP)
(90 acres) and B2 Commercial 1 15.54 acres).
See Attachment A for Property Identification Nos. (Opequon
Magisterial District)
Record Arcadia Development
e el op m t Co.: Arcadia-Southern Hills, L.L.C.; Southern
Hills
Applicant: Arcadia Development Co.
Project Name: Southern Hills
Pursuant
app provisiions of the County' Zoning Ordinance withsrespect to and the
c i applicant hereby proffers that in the event dcation
conditional anS upery rezo the undersigned Co
No No. of for the rezoning of 105. acres Virginia
Re dent l Performance t (RP) to
Re 90 acres] ad B2 Commercial 115.54 acres] with revised
Residential Performance the the
property
and con set T
forth herein, to th extent l that such terms o and i condi l tio n s may
be subsequently amended or revised by the applicant and such be approved by the
Frederick County Board of Supervisors in accordance with Virginia law. In the event
no that
effect granted, the
proffers currently in shall property as o he rezoning is
date this document was executed by the applicant shall continue in full force and effect.
These proffers shall be binding on the applicant and its legal successors and assigns.
Monetary Contribution to Offset Impact of Development
The undersigned, who owns the above described property, hereby voluntarily proffers
that if the Board of Supervisors for the County of Frederick, Virginia approves the
rezoning for the approximately 105 acres, with frontage along Town Run Lane in the
Opequon Magisterial District of Frederick County. Virginia from Residential
Performance (RP) to Residential Performance (RP) [90 acres] and B2 Commercial [15.54
acres], the undersigned will pay to Frederick County at the time a building permit is
applied for and issued the sum of $4,910.00 per residential lot.
This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for
Frederick County Parks and Recreation; S446.00 for Frederick County Fire and Rescue;
$105.00 for Public Library; S59.00 for Sheriffs Office and $121.00 for Administration
Building.
General Development Plan
Should the Board of Supervisors of Frederick County, Virginia approve Rezoning
Application No. then in such event development of the subject property shall
be done in conformity with the attached voluntarily- proffered revised Generalized
Development Plan including the following improvements:
1. On the 90 acres to be zoned RP no more than 88 single family detached urban
residence units and no more than 232 townhouse units shall be constructed. The
balance of the property zoned B2 commercial shall be developed in accordance
with the uses specified in the B2 commercial zoning district. The development
of the public street network shall be in general conformance with the revised
Generalized Development Plan dated October, 2006.
2. Sticklcy Drive (SR 1085) shall be extended as shown to connect with Town Run
Lane (SR 1012) during the first phase of development (A to 13).
3. Town Run Lane (SR 1012) shall be overlaycd with a bituminous concrete surface
from B to C. Guard rail shall be installed right and left along Town Run Lane
"fill" areas greater than 7' vertical. The improvements are to he further described
by a VDOT Permit to be issued at the time of work. This work shall be done
prior to the issuance of the 50' building permit.
4. Town Run Lane (SR 1012) shall be overlaycd with a bituminous concrete surface
from C to D during the phase where the entrance at "D" is constructed. These
improvements are to be further described by a VDOT Permit to be issued at the
time of the work.
5. An easement shall be established 75' in depth along the South property lint E to
F. This easement will be prominently shown on the final plat and will restrict
construction of homes as well as limiting the clear cutting of trees larger than 4"
diameter. [This proffer was fulfilled and recorded on the Southern Hills
Subdivision Phase I Final Subdivision Plat_ Instrument No.06001 1588.]
6. A statement shall be added to the plat and covenants for all lots created by this
project advising that agricultural uses exist on the South and East, the Ewing
Family cemetery exists within the limits of development, and wastewater
treatment facilities exist or previously existed to the North of this site.
7. The Ewing Family cemetery will be set aside as a separate lot with public access
via an appropriate easement(s) and conveyed, if possible, to the Ewing family
with covenants for future maintenance by the Ewing family.
8. A contribution of 100,000 for construction funding shall be made at the time
VDOT implements the construction of a stoplight at the intersection of Stickley
Drive and Rte. 277. [This proffer was fulfilled on March 3, 2005]
9. The Property Owner agrees to dedicate the right -of -way as shown on the revised
Generalized Development Plan for the future Warrior Drive extension (the "road across
that portion of the Owner's property zoned B2 Commercial in the location depicted on
the Generalized Development Plan. The Property Owner agrees to dedicate the right -of-
way for the road within ninety (90) days of a written request by the County, provided that
Rezoning Application No. has been approved by the Frederick County Board
of Supervisors and all applicable appeal periods have expired and no appeal has been
filed. The Owner's dedication of the right -of -way for the road is further conditioned on
the following: (a) the deed dedicating the right -of way shall contain language, as a
covenant running with the land, granting the Owner the right, at any time in the future
and at Owner's expense, to place underground utilities across, or parallel to, the dedicated
right -of -way for the road (including, but not limited to, gas, electric, cable, telephone,
storm sewer, sanitary sewer, and waterline); (b) the deed dedicating the right -of -way shall
contain language, as a covenant running with the land, requiring that the road shall have,
at the Owner's discretion, a minimum of two entrances from the north side of Warrior
Drive into the Owner's proposed commercial development, which two entrances shall
meet applicable VDOT and County regulations and entrance spacing standards and be
engineered into the design of the road, with turning lanes as required, for the full
development of the subject property, during the design phase of the road; and requiring
that the Owner and /or its designated representative(s) be entitled to meaningfully
participate in the design of the road as regards the location and design of the two
entrances; and (c) the deed dedicating the right -of -way shall contain language, as a
covenant running with the land, granting the Owner, its successors and assigns, the right
at any time(s) in the future, to establish and locate construction and/or grading easements
over and across the dedicated right-of-way in locations determined by the Owner, its
successors and assigns, to be necessary for the development of the B2 Commercial
property and/or the Residential Performance (RP) property provided that, upon
construction of the road as a public street accepted into the state highway system by
VDOT, the language regarding easements contained in this subparagraph 9 (c) shall
thereupon be considered void.
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in interest of the Applicant and Owner. In the event the Frederick
County Board of Supervisors grants said rezoning and accepts these conditions, the
proffered conditions shall supersede all previous proffered conditions applicable to the
Property and shall apply to the Property rezoned in addition to other requirements set
forth in the Frederick County Code.
Respectfully submitted,
ARCADIA DEVELOPMENT CO.
Property Owner
Its: ort R$u.lk
Date: 121 zol zoote
ARCADIA SOUTHERN HILLS, L.L.C.
Property Owner
lts: ]I1AtX1TfC� V
Date: It-4 470ot
SOUTHERN HILLS HOMEOWNERS ASSOCIATION, INC.
Its: d..eAt.,00ye P
Date:_,?4zp17 noAp
State of Ui, I n iq
County of u I4(tlpl
The foregoing instrument was acknowledged before me this )flay of rh
2006, by f)cYICI1A 111, Ile: r as t 1, irt, /-]cen f of
ARCADIA DEVELOPMENT CO.
Notary Public
Commonwealth Of Virginia
County of Loudoun
The foregoing instrument was acknowledged before me this 6� da of
fralnbei ,2006 by a9Y C!ld 11.IL as )16 ASU7 f of
ARCADIA- SOUTHERN HILLS, L.L.C.
Rpc, i 2c, Jco
Commonwealth Of Virginia
County of Loudoun
It
Notary Puhii
The foregoing instrument was acknowledged b efore me this
rye? nib(' 2006 by Dr I) as
SOUTHERN HILLS HOMEOWNERS ASSOCIATION, INC.
tip( 1 30, ScCfy
I i.(
Notary Public
(r 7fl t k 1ay� 7 of
l� 1ilK-i 7c� /"igref
ji
1
Southern Hills Subdivision
Proffer Statement
Attachment "A" Property Identification Nos.
85D 1 1 1 851D 1 1 31 85D 1 1 61
8513 1 1 2 85D 1 1 32 851) 1 1 62
8513 1 1 3 85D 1 1 33 85D 1 1 63
8513 1 1 4 85D 1 1 34 85D 1 1 64
85D 1 1 5 850 1 1 35 85D 1 1 65
8513 1 1 6 85D 1 1 36 85D 1 1 66
85D 1 1 7 850 1 1 37 8513 1 1 67
85D 1 1 8 85D 1 1 38 85D 1 1 68
85D 1 1 9 85D 1 1 39 850 1 1 69
85D 1 1 10 85D 1 1 40 85D 1 1 70
85D 1 1 11 85D 1 1 41 85D 1 1 71
85D 1 1 12 85D 1 1 42 85D 1 1 72
85D 1 1 13 85D 1 1 43 85D 1 1 73
85D 1 1 14 85D 1 1 44 8513 1 1 74
8513 1 1 15 85D 1 1 45 85D 1 1 75
85D 1 1 16 8513 1 1 46 850 1 1 76
85D 1 1 17 85D 1 1 47 851D 1 1 77
850 1 1 18 8513 1 1 48 85131 1 78
85D 1 1 19 850 1 1 49 85D 1 1 79
850 1 1 20 85D 1 1 50 85D 1 1 80
8501121 851)1151 8_501 181
850 1 1 22 85D 1 1 52 850 1 1 82
85D 1 1 23 850 1 1 53 850 1 1 83
85D 1 1 24 8513 1 1 54 850 1 1 84
85D 1 1 25 850 1 1 55 8513 1 1 85
85D 1 1 26 8513 1 1 56 85D 1 1 86
850 1 1 27 850 1 1 57 850 1 1 87
85D 1 1 28 850 1 1 58 850 1 1 88
850 1 1 29 850 1 1 59 8 50 1 1 89
8513 1 1 30 850 1 1 60 85D 1 1 90
8501191
85D1192
8501193
85D 1 1 94
850 1 1 95
85D 1 1 95A
850 1 1 95B
85 A 138