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HomeMy WebLinkAbout01-07 Proffer StatementPROPOSED PROFFER STATEMENT REZONING: RZ# RA/132 to RP/132 PROPERTY: 227.1881 Acres Tax Map Parcels 44 -A -294 and 44- A -294A. RECORD OWNER: Greig D. W. Aitken Tonic M. Wallace - Aitken APPLICANT: The Drees Company PROJECT NAME: The Preserve at Jordan Springs PROFFER DATE: January 10, 2007 The undersigned hereby proffers that the use and development of the subject property ( "Property "), as identified above, shall be in strict conformance with the following conditions. In the event that the above referenced rezoning is not granted as applied for by the applicant ( "Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the `Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. Any improvements proffered herein below 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 exact acreages of the zoning category requested are as indicated on the GDP. When used in these proffers, the General Development Plan and "GDP" shall refer to the plan entitled "Generalized Development Plan, The Preserve at Jordan Springs" comprised of two (2) sheets, prepared by Bowman Consulting Group, Ltd., and shall include the following: Sheet 1. "Generalized Development Plan" dated June 27, 2006, last revised January 10, 2007. Sheet 2. "Proposed Zoning Boundaries Exhibit" dated January 10, 2007. � 0 • 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 term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. The Applicant hereby proffers as follows: LAND USE 1.1 The development of the site shall be in substantial conformance with the GDP, subject to minor revisions to the land use layout and other development features occurring upon final engineering, final subdivision, and final location and configuration of the on -site public and private roads. Areas of development on the Property shall be developed in conformance with the regulations of the Residential Performance ( "RP ") and General Business (112 ") zoning district, as set forth in the Frederick County Code. 1.2 Residential development on the Property will provide for a mix o,f differing types of residential units. The total unit density of the Property to be zoned RP shall not exceed 3.2 units per acre. The combined percentage total of townhouse and condominium units shall not exceed 50% of the total number of residential units. Commercial development on the Property shall not exceed 90,000 square feet of commercial floor area. 1.3 The applicant proffers that the following B2 uses will not be permitted on the B2 zoned portion of the property which is also within the Historic Overlay District: 1.3.1 Veterinary services livestock 1.3.2 Animal specialty (sic) services, except veterinary, with all activities and animals kept within the fully enclosed primary structure. 1.3.3 Paint, glass and wallpaper stores 1.3.4 Hardware stores 1.3.5 General merchandise stores 13.6 Automotive dealers and gasoline service stations 1.3.7 Apparel and accessory stores 1.3.8 Home furniture, furnishings and equipment stores 1.3.9 Drive -In theaters 1.3.10 Amusement and recreation services operated outdoors 0 1.3.11 Child day -care facilities 1.3.12 Self- service storage facilities 1.3.13 Public buildings 1.3.14 Public utility distribution facilities 1.3.15 Directional signs 1.3.16 Building entrance signs 1.3.17 Electrical supplies 0 1.3.18 Hardware and plumbing and heating equipment 1.3.19 Commercial batting cages operated outdoors 1.3.20 Fire stations, companies and rescue squads 1.3.21 Commercial sport and recreation clubs 1.4 The Applicant proffers that the following B2 uses will not be permitted on the B2 zoned property which is not located within the Historic Overlay District; 1.4.1 Automotive dealers 1.4.2 Gas systems contract conversion from manufactured to natural gas 1.4.3 Salvaging of damaged merchandise not engaged in sales 1.4.4 Scrap steel cutting 1.4.5 Welding repair 1.4.6 Boiler cleaning and repair 1.4.7 Cesspool cleaning 1.4.8 Septic tank cleaning service 1.4.9 Sewer cleaning service 1.4. 10 Tank and boiler cleaning service 1.4.11 Tank truck cleaning service � w 2. TRANSPORTATION 2.1 The Applicant shall make a monetary contribution to the Frederick County Board of County Supervisors in the amount of $5,000.00 per new single - family detached unit, $4,000.00 per new townhouse unit, and $4,000 per new multi - family unit constructed on the Property to be used for Regional transportation improvements. Said contribution shall be paid upon issuance of a unit's building permit. Said contributions shall be paid to a fund to be used for transportation improvements in the geographic region identified as the "Northeast Geographic Region ", which is more specifically described on the attached and incorporated plat. It is the intent of the Applicant that these funds will be used to address road improvements and to ease the flow of traffic in this region. This fund will be kept in an interest bearing account by Frederick County. It is the intent that this fund will be combined with other contributions that may be made for road improvements benefiting this region and /or used as a match with any governmental funds or grants that may become available to allow for the installation of road improvements in this region. 2.2 Signalization of Route 11 and Stephenson Road. The Applicant agrees to install a traffic signal at the intersection of U.S. Route 11 at Stephenson Road upon or before commencement of Phase 11 construction. Said improvement is warranted by traffic study performed by Patton Harris Rust & Associates. 2.3 The Applicant agrees to construct full site entrance improvements with right and left turn lanes at Jordan Springs Road and Site Entrance #1, Woods Mill Road and Site Entrance #2, and Jordan Springs Road and Site Entrance 43 (commercial entrance) 2.4 Access for the existing Historic Jordan, Springs property shall be provided from the main internal subdivision street serving The Preserve at Jordan Springs. The existing driveway access from Jordan Springs Road to the Historic Jordan Springs property shall be terminated. 3. COMMUNITY DESIGN: 3.1 Architectural Guidelines. The Applicant 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 The Preserve at Jordan Springs. These covenants are intended to assure a continuity of overall architecture appearance, quality material selection, and a cohesive color palate for all structures within the entire development. 0 0 3.2 Housing Types. The following Housing Unit Types with the modifications listed below are proffered herein. Unless expressly stated otherwise, by accepting these proffers, Frederick County agrees to accept these modifications to allow for the build -out contemplated by the Applicant. Unless otherwise stated, all other requirements of the Housing Unit Type remain unchanged from that stated in the Frederick County Zoning Ordinance. Each may be 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 RP Residential Performance District, may also be utilized. 3.2.1 Single- family detached traditional. Setback from the road right -of -way shall be a minimum of 25 feet. 3.2.2 Single - family detached urban. Setback from the road right -of -way shall be a minimum of 25 feet. 3.2.3 Single - family detached cluster. Minimum total area p;er dwelling unit shall be 7,000 square feet. No individual lot shall be smaller than 6.000 square feet. For each lot that is less than 7,000 square feet by a given square footage, an equivalent square footage of land shall be added to the required common open space. Setback from the road right -of -way shall be a minimum of 20 feet. Side yard setbacks shall be a minimum of 5 feet. 3.2.4 Neo- traditional. Single family detached residence on an individual Iot. The intent of this housing type is to provide an alternative style to promote the ideals of Smart Growth and encourage a walkable neighborhood. 3.2.4.1 Minimum lot size: 5,000 sq ft. 3.14.2 Off - street parking spaces: 2 3.2.4.3 Setback from state road / front yard setback: 15 feet 3.2.4.4 Setback from private road / rear yard setback: 20 feet 3.2.4.5 Side yard setback: 5 feet 3.2.4.6 Decks may extend ten feet into the rear yard setback 3.2.4.7 Front porches, stoops and steps may extend eight feet into front yard setbacks 3.2.4.8 Maximum building heights shall not exceed 35 feet in height. 3.2.5 Townhouse. Front setback shall be a minimum of 20 feet from the right - of -way or private road for front- loaded products. Front setbacks shall be a minimum of 10 feet from the right -of -way or private road for rear- loaded products. 0 4. PHASING: 0 4.1 The Property shall be developed in two (2) phases as shown on the GDP and in accordance with applicable ordinances, regulations, and design standards, and this Proffer Statement as approved by the Board. Phase I shall consists of a maximum of 236 residential units. The Applicant agrees that if the traffic impacts of the actual installed residential units in Phase I exceed the Phase 1 impacts that are reflected in the traffic study, which has been filed contemporaneously with this rezoning, then the transportation improvements to be constructed in Phase II will be completed before the commencement of additional residential construction. 5. FIRE & RESCUE: 5.1 The Applicant shall contribute to the Board the sum of $790.00 per Single Family dwelling unit, $583.00 per Townhome dwelling unit, or $593.00 per Multi- Family unit, as applicable, for fire and rescue purposes, upon the issuance of a unit's building permit. 5.2 For each single - family detached dwelling unit with a side setback of less than 10 feet, the Applicant will either provide i) exterior sidewall construction that is non- combustible, ii) exterior sidewall construction that has a minimum fire resisting rating equivalent to two -hours between dwelling units, and /or iii) a fire sprinkler system. 6. SCHOOLS: 6.1 The Applicant shall contribute to the Board the sum of $17,706.00 per Single Family dwelling unit, $12,192.00 per Townhome dwelling unit, or $5,391.00 per Multi - Family unit, as applicable, for school purposes, upon issuance of a unit's building permit. 7. PARKS & OPEN SPACE: 7.1 The Applicant shall contribute to the Board the sum of $2,239.00 per Single Family dwelling unit, or $1,712.00 per Townhome or Multi - Family dwelling unit, as applicable, for recreational purposes, upon issuance of a unit's building permit. Notwithstanding what is stated above, these payments may be reduced by the costs of the trail system that exceed the recreational credit unit costs for the development. 7.2 The Applicant shall dedicate a twenty (20) foot wide trail easement to Frederick County and construct a ten (10) foot wide asphalt trail within said easement. The location is to be determined by the Applicant and a trail system plan shall be submitted by the Applicant for evaluation to Frederick County Parks and Recreation (FCPR). The Applicant shall construct the trail within the Hiatt Run and Lick Run stream corridors and run the length of said corridors on the subject 0 0 property for approximately ±2,500 linear feet. The Applicant shall convey said easement and trail at no cost to Frederick County not later than six months after it is requested by Frederick County in writing, but not prior to the commencement of Phase II construction. 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. 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. The asphalt trail, at the discretion of the Applicant and FCPR, may be changed to other surface materials in an effort to promote low impact development techniques. Until such time as the trail and trail easement are dedicated to Frederick County, the Applicant or the Property Owners' Association ( "POA ") shall maintain the trail and trail easement. After such dedication, Frederick County shall maintain the trail and trail easement. In consideration of the cost and maintenance of said trail and trail easement prior to dedication, the Applicant shall receive all Recreational Unit credits, which may be dictated by Frederick County ordinances at the time of the construction of this development. 8. LIBRARIES: 8.1 The Applicant shall contribute to the Board the sum of $372.00 per Single Family dwelling unit, or $285.00 per Townhome or Multi- Family dwelling unit, as applicable, for library purposes, upon issuance of a unit's building permit. 9. PUBLIC SAFETY: 9.1 The Applicant shall contribute to the Board the sum of $671.00 per Single Family dwelling unit, or $513.00 per Townhome or Multi - Family dwelling unit, as applicable, for the Sheriff's Office, upon issuance of a unit's building permit. 10. COMMUNITY CENTER AND POOL 10.1 The Applicant agrees to construct a community center and pool on the Property in the general location identified on the Generalized Development Plan. The construction of the community center and pool shall commence on or before the issuance of the 200 residential building permit and the completion of construction for the community center and pool shall occur on or before the issuance of the 300 residential building permit. The Applicant shall be entitled to all recreational credit units for the value of the construction of the community center and pool. 11. GENERAL GOVERNMENT: 0 11.1 The Applicant shall contribute to the Board the sum of $320.00 per Single Family dwelling unit, or $245.00 per Townhome or Multi - Family dwelling unit, as applicable, to be used for general government administration, upon the issuance of a unit's building permit. 12. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 12.1 The residential development shall be made subject to a Property Owners' Association (hereinafter "POA ") that shall be responsible for the ownership, maintenance and repair of all common areas not dedicated to the County or others, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such POA herein. 12.2 In addition to such other dues and responsibilities as may be assigned, the POA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, if the POA decides to use a commercial collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the POA if platted within residential or other lots, or otherwise granted to the POA by appropriate instrument. 13. WATER & SEWER: 13.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority, 13.2 Applicant shall dedicate on -site land area required by the Frederick County Sanitation Authority (FCSA) for the Stephenson Regional Pump Station. Applicant shall grant the necessary on -site easements to FCSA for the Stephenson Regional Force Main. 14. ENVIRONMENT: 14.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed, 1999, Chapter 2, Table 2 -3, as may be hereinafter amended, which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 14.2 At the time of development, the Applicant shall install a super silt fence along the interior perimeter of the limits of clearing and grading where adjacent to the steep slopes, floodplains, and in areas where appropriate to prevent unauthorized 0 0 encroachment, and to protect those areas during construction activities. The fence shall be removed by the Applicant after the occupancy permits are issued for the lots platted along the super silt fence. The fence shall be shown on the final subdivision plan and on the individual lot grading plans. 15. HISTORY: 15.1 The Applicant shall conduct a Phase I archeological survey ( "Phase I ") for disturbed areas on the Property and perform additional work if necessitated by the results of the Phase I, including curation of any artifacts deemed to be of historical value found on the Property during such additional work. The Phase I Survey shall be submitted at the time of submission of the Master Development Plan. 16. ESCALATOR CLAUSE: 16.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 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 30 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non - compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES 0 a Respectfully submitted, Greig , "W. Aitken Tonic M. Wallace- Aitken COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 17- 77 1 day of 2 vv 2Y 2007, by .\,A). 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TEE aBIRM1tE NlbNlf IXYNIENL NABFN SBNai. d,1ED SFP1PpEli 1'AVS a lxE MPRBALAR IAOR v ,N rv! NmD nASI HIE TAIFN mLB mEOTma music N s w TIE PMVSZ s m E1B®l, usNET RC1Pwf mLB ra MBMUE 2m1 19-2 I61OeL 4.pBAT IET6 NBI BMADS ISSO®1xK HET EE MPmID B-2 MBIWC brf%AY PEN MAI AWINATEN PROPOSED ZONING DISTRICT EXHIBIT /l��g MAqE{!. PROR� ME ES OF 0.TP�8p'l�pY96}ig5�p D YE py� �q{y MID 1 Y6MM Y" . WASe6lYl CM INSTRUMENT F02000BIFwT STO MIIu MAGISTERIAL CHSTMCT FREDERICK COUNTY, MRLTNIA SCAIE 1' =200' JANUARY 10. 2007 02 M m API B-2 HISTORIC JWT5 02 B2 m API 0-2 HI UYI15 ..ivo�nzwo