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HomeMy WebLinkAbout04-07 Proffer StatementAction: PLANNING COMMISSION: May 2, 2007 Recommended Approval BOARD OF SUPERVISORS: July 25, 2007 APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04 -07 PROFFER AMENDMENT OF HAGGERTY PROPERTY WHEREAS, Rezoning #04 -07 Proffer Amendment of Haggerty Property, submitted by Patton Harris Rust Associates, to revise the proffers associated with Rezoning #14 -05, as they pertain to the transportation improvements previously approved by Frederick County. The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are situated in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55 -A -212 and 55- A -212A. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 2, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 25, 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 proffers concerning Rezoning 14 -05. The proffer revision addresses transportation improvements, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. #32 -07 This ordinance shall be in effect on the date of adoption. Passed this 25th day of July, 2007 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Nay Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Na y Charles S. DeHaven. Jr. Nay Philip A. Lemieux Aye PDRes. #32 -07 A COPY ATTEST Joh Riley, Jr. Frederick County Administrator PROPOSED PROFFER STATEMENT REZONING: RZ. Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55 -A -212 212A (the "Property RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07; 7/10/07; 7/17/07 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional 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 thc day following the last day upon which the Frederick County Board of County 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. 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 term "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, Haggerty Property" dated December 20, 2004 revised July 2, 2007 (thc "GDP and shall include the following: 1. LAND USE: 1:1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Page 2 of 8 Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian- bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS OPEN SPACE: Page 3 of 8 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. 7. LIBRARIES: $1,288.00 per issuance of a $1,040.00 per issuance of a 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPER'L'Y OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Proffer Statement Haggerty Page 4of8 outside of residential lots; (iii) common solid waste disposal programs, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER SEWER: 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required fox such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 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 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Proffer Statement Page 5 of 8 Haggerty 13.2 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as the section of roadway between Point A and Point C. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point C on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on the GDP. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151" building permit. The Applicant reserves the right to request for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and /or Frederick County. (See generally Point A to Point C on the GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. Said improvements shall be completed prior to issuance of any building permits. 13.4 The Applicant shall provide a 90' reservation area in substantial conformance with the location depicted on the GDP to (i) construct the southern two lanes of an East -West collector road, planned to ultimately be an urban four lane divided (U4D) cross section within an 80' right of way and (ii) provide a landscaped buffer or road efficiency buffer as defined in the Frederick County Zoning Ordinance. The East -West collector road shall be designed to accommodate the future Route 37 fly -over bridges. (See 5 on GDP) 13.4.1 Within the 90' reservation area, provided that 40' of right of way is dedicated on the adjoining property to the north prior to submission of engineered plans for the East -West collector road to the County, the Applicant shall dedicate 40' of right of way, as measured from the Property boundary and construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225` building permit. Additionally, the Applicant shall construct a 50' reduced distance road efficiency buffer; as defined in the Frederick County Zoning Ordinance, between any residential lots and said collector road. Buffer plantings and /or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. Proffer Statement Haggerty Page 6 of 8 1142 In the event that 40' of right of way is not dedicated on the adjoining property to the north prior to submission of engineered plans for the East -West collector road to the County, the Applicant shall dedicate 80' of right of way, as measured from the Property boundary and within the 90' reservation area, to construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225` building permit. Additionally, the Applicant shall also construct a densely planted landscape screen within the remaining 10' of the 90' reservation area. Said landscape screen shall be located between any residential lots and said collector road and shall consist of a double row of evergreen trees, minimum four feet tall at time of planting, spaced a maximum of eight feet apart. No additional screening or buffer distance shall be required between the residential units and said collector road. Buffer plantings and /or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. All plats depicting the VA Route 37 right of way shall note that the roadway is limited access. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to the North -South collector road and East -West collector road shall be prohibited. 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. Proffer Statement Haggerty 14. ESCALATOR CLAUSE: 15. INTER PARCEL CONNECTION: Page 7of8 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("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 24 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. 15.1 The Applicant shall construct an inter parcel connector to provide access to the adjoining properties to the south and east in the general location depicted at Point 8 on the GDP; said inter parcel connection shall be provided in place of any previously planned inter parcel connection located at the southwestern area of the Property as previously depicted on the approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed inter- parcel connection as shown at Point 8 on the GDP shall also be depicted on the Master Development Plan to be submitted for the Property, and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Proffer Statement Haggerty Respectfully submitted, Page 8 of 8 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument w asacknowledge ofgxei}m�e this day JJa of J 2007, by J B. ip 1 dzy My commission 9xpires Notary Public s r HAGGERTY PROPERTY GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, NRG /NGI DENOTES GENERALIZED OPEN SPACE Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE (540) 667 -2139 FAX: (540) 665-0493 PROPOSED PROFFER STATEMENT REZONING: RZ. Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55 -A -212 212A (the "Property RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07; 7/10/07; 7/17/07 The undersigned hereby proffers that the use and development of the subject property (`Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional 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 County 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. 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 term "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, Haggerty Property" dated December 20, 2004 revised July 2, 2007 (the "GDP and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Page 2 of 8 Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian- bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Proffer Statement Haggerty Page 3 of 8 4. The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. 7. LIBRARIES: $1,288.00 per issuance of a $1,040.00 per issuance of a 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other dudes and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not othenvise dedicated to public use, (ii) common buffer areas located 11. WATER SEWER: 12. ENVIRONMENT: 13. TRANSPORTATION: Page 4 of 8 Proffer Statement Haggerty outside of residential lots; (iii) common solid waste disposal programs, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development 11.1 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 "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (Ste 3 on GDP). 12.1 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 which results in the highest order of Stormwater control in existing Virginia law at the time of construction of any such facility. 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Proffer Statement Haggerty Page 5 of 8 13.2 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as the section of roadway between Point A and Point C. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point C on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, as shown on the GDP. Said North South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on the GDP. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151 building permit. The Applicant reserves the right to request for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and /or Frederick County. (See generally Point A to Point C on the GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. Said improvements shall be completed prior to issuance of any building permits. 13.4 The Applicant shall provide a 90' reservation area in substantial conformance with the location depicted on the GDP to (i) construct the southern two lanes of an East -West collector road, planned to ultimately be an urban four lane divided (U4D) cross section within an 80' right of way and (ii) provide a landscaped buffer or road efficiency buffer as defined in the Frederick County Zoning Ordinance. The East -West collector road shall be designed to accommodate the future Route 37 fly -over bridges. (See 5 on GDP) 13.4.1 Within the 90' reservation area, provided that 40' of right of way is dedicated on the adjoining property to the north prior to submission of engineered plans for the East -West collector road to the County, the Applicant shall dedicate 40' of right of way, as measured from the Property boundary and construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225 building permit. Additionally, the Applicant shall construct a 50' reduced distance road efficiency buffer, as defined in the Frederick County Zoning Ordinance, between any residential lots and said collector road. Buffer plantings and /or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. Proffer Statement Haggerty Page 6 of 8 13.4.2 In the event that 40' of right of way is not dedicated on the adjoining property to the north prior to submission of engineered plans for the East -West collector road to the County, the Applicant shall dedicate 80' of right of way, as measured from the Property boundary and within the 90' reservation area, to construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225 building permit. Additionally, the Applicant shall also construct a densely planted landscape screen within the remaining 10' of the 90' reservation area. Said landscape screen shall be located between any residential lots and said collector road and shall consist of a double row of evergreen trees, minimum four feet tall at time of planting, spaced a maximum of eight feet apart. No additional screening or buffer distance shall be required between the residential units and said collector road. Buffer plantings and /or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. All plats depicting the VA Route 37 right of way shall note that the roadway is limited access. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to the North -South collector road and East -West collector road shall be prohibited. 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. Proffer Statement Haggerty 14. ESCALATOR CLAUSE: Page7of8 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("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 24 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. 15. IN 1 ER- PARCEL CONNECTION: 15.1 The Applicant shall construct an inter- parcel connector to provide access to the adjoining properties to the south and east in the general location depicted at Point 8 on the GDP; said inter parcel connection shall be provided in place of any previously planned inter parcel connection located at the southwestern area of the Property as previously depicted on the approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed inter- parcel connection as shown at Point 8 on the GDP shall also be depicted on the Master Development Plan to be submitted for the Property, and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Proffer Statement Haggerty Respectfully submitted, By: Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-wit: The foregoing instrument was acknowledged before me this day of 2007, by My commission expires Notary Public Page 8 of 8 The Canyon, LC PROPOSED PROFFER STATEMENT REZONING: RZ. Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55 -A -212 212A (the "Property RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07; 7/10/07 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional 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 County 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. 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 term "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, Haggerty Property" dated December 20, 2004 revised July 2, 2007 (the "GDP and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Page 2of8 Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian- bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Proffer Statement 6. PARKS OPEN SPACE: Page 3 of 8 7. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. $1,288.00 per issuance of a $1,040.00 per issuance of a 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriffs Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be requited for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Proffer Statement 11. WATER SEWER: 12. ENVIRONMENT: 13. TRANSPORTATION: Page 4 of 8 Haggerty outside of residential lots; (iii) common solid waste disposal programs, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the I-IOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11.1 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 ("the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority ("the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12.1 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 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Proffer Statement Haggerty Page 5 of 8 13.2 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as the section of roadway between Point A and Point C. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point C on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on the GDP. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and /or Frederick County. (See generally Point A to Point C on the GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall provide a 90' reservation area in substantial conformance with the location depicted on the GDP to (i) construct the southern two lanes of an East -West collector road, planned to ultimately be an urban four lane divided (U4D) cross section within an 80' right of way and Cu) provide a landscaped buffer or road efficiency buffer as defined in the Frederick County Zoning Ordinance. (See 5 on GDP) 13.4.1 Within the 90' reservation area, provided that 40' of right of way is dedicated on the adjoining property to the north prior to submission of engineered plans for the East -West collector road to the County, the Applicant shall dedicate 40' of right of way, as measured from the Property boundary and construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225"' building permit. Additionally, the Applicant shall construct a 50' reduced distance road efficiency buffer, as defined in the Frederick Count' Zoning Ordinance, between any residential lots and said collector road. Buffer plantings and /or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. Proffer Statement Page 6 of 8 Haggerty 13.4.2 In the event that 40' of right of way is not dedicated on the adjoining property to the north prior to submission of engineered plans for the East -West collector road to the County, the Applicant shall dedicate 80' of right of way, as measured from the Property boundary and within the 90' reservation area, to construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225 building permit. Additionally, the Applicant shall also construct a densely planted landscape screen within the remaining 10' of the 90' reservation area. Said landscape screen shall be located between any residential lots and said collector road and shall consist of a double row of evergreen trees, minimum four feet tall at time of planting, spaced a maximum of eight feet apart. No additional screening or buffer distance shall be required between the residential units and said collector road. Buffer plantings and /or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to the North -South collector road and East -West collector road shall be prohibited. 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. Proffer Statement 14. ESCALATOR CLAUSE: Page 7 of 8 Haggerty 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("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 24 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. 15. INTER PARCEL CONNECTION: 15.1 The Applicant shall construct an inter- parcel connector to provide access to the adjoining properties to the south and east in the general location depicted at Point 8 on the GDP; said inter- parcel connection shall be provided in place of any previously planned inter- parcel connection located at the southwestern area of the Property as previously depicted on the approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed inter parcel connection as shown at Point 8 on the GDP shall also be depicted on the Master Development Plan to be submitted for the Property, and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Proffer Statement Respectfully submitted, By: Title: Mana Page 8 of 8 The Canyon, LC STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: yh The foregoing instrument was a� before me s iu day of J J� 2007, by �t of .(7. /;Ja My commission /0' 31- 09 Notary Public C Haggerty \ao•, i i �F�i H4GGERTY PROPERTY GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, 19RGIMA Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 Action: PLANNING COMMISSION: May 2, 2007 Recommended Approval BOARD OF SUPERVISORS: July 25, 2007 APPROVED L DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04 -07 PROFFER AMENDMENT OF HAGGERTY PROPERTY WHEREAS, Rezoning #04 -07 Proffer Amendment of Haggerty Property, submitted by Patton Harris Rust Associates, to revise the proffers associated with Rezoning #14 -05, as they pertain to the transportation improvements previously approved by Frederick County. The properties are located adjacent and cast of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are situated in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55 -A -212 and 55- A -212A. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 2, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 25, 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 proffers concerning Rezoning 14 -05. The proffer revision addresses transportation improvements, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRcs #32 -07 Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux PDRes #32 -07 This ordinance shall be in effect on the date of adoption. Passed this 25th day of July, 2007 by the following recorded vote: Barbara E. Van Osten Bill M. Ewing Charles S. DeI- laven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PROPOSED PROFFER STATEMENT REZONING: RZ. Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.36 acres Tax Map Parcels 35 -A -212 212t\ (the "Property RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07; 7/10/07 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional 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 County 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. 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 term "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, Haggerty Property" dated December 20, 2004 revised July 2, 2007 (the "GDP and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Page 2 of 8 Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian- bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of 5707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Proffer Statement Page 3 of 8 Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. 7. LIBRA RIFF: 51,288.00 per issuance of a S1,040.00 per issuance of a 7.1 The Applicant shall contribute to the Board the sum of S213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of 5173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of 550.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPER'L'Y OWNERS' ASSOCIA'T'ION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an I -IOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Proffer Statement outside of residential lots; (iu common solid waste disposal programs, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the I {OA, to include a contribution of 5100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The I-TOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER SEWER: Page 4 of 8 Haggerty 11.1 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 ("the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority (`the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (13MP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Proffer Statement Page 5 of 8 Haggerty 13.2 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as the section of roadway between Point A and Point C. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point C on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on the GDP. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and /or Frederick County. (See generally Point A to Point C on the GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall provide a 90' reservation area in substantial conformance with the location depicted on the GDP to (i) construct the southern two lanes of an East -West collector road, planned to ultimately be an urban four lane divided (U4D) cross section within an 80' right of way and (ii) provide a landscaped buffer or road efficiency buffer as defined in the Frederick Cotmy Zoning Ordinance. (See 5 on GDP) 13.4.1 Within the 90' reservation area, provided that 40' of right of way is dedicated on the adjoining property to the north prior to submission of engineered plans for the East -West collector road to the County, the Applicant shall dedicate 40' of right of way, as measured from the Property boundary and construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225` building permit. Additionally, the Applicant shall construct a 50' reduced distance road efficiency buffer, as defined in the Frederick Connty Zoning Ordinance, between any residential lots and said collector road. Buffer plantings and /or screening shall not be requited where they are in conflict with required sight distances for roadways as defined by VDOT. Proffer Statement Page 6 of 8 Haggerty 13.4.2 In the event that 40' of right of way is not dedicated on the adjoining property to the north prior to submission of engineered plans for the East -West collector road to the County, the Applicant shall dedicate 80' of right of way, as measured from the Property boundary and within the 90' reservation area, to construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225` building permit. Additionally, the Applicant shall also construct a densely planted landscape screen within the remaining 10' of the 90' reservation area. Said landscape screen shall be located between any residential lots and said collector road and shall consist of a double row of evergreen trees, minimum four feet tall at time of planting, spaced a maximum of eight feet apart. No additional screening or buffer distance shall be required between the residential units and said collector road. Buffer plantings and /or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to the North South collector road and East -West collector road shall be prohibited. 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. Proffer Statement 14. ESCALATOR CLAUSE: Page 7 of 8 Haggerty 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("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 24 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. 15. INTER PARCEL CONNECTION: 15.1 The Applicant shall construct an inter- parcel connector to provide access to the adjoining properties to the south and east in the general location depicted at Point 8 on the GDP; said inter parcel connection shall be provided in place of any previously planned inter- parcel connection located at the southwestern area of the Property as previously depicted on the approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed inter- parcel connection as shown at Point 8 on the GDP shall also be depicted on the Master Development Plan to be submitted for the Property, and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Proffer Statement Respectfully submitted, By: The Canyon, LC Title: Manager SPATE OF VIRGINIA, AT 1. ARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2007, by My commission expires Notary Public Page 8 of 8 Haggerty PROPOSED PROFFER STATEMENT REZONING: RZ. Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres 1'ax Map Parcels 55 -A -212 212A (the "Property RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07; 7/10/07 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional 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 County 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. 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 term "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, Haggerty Property" dated December 20, 2004 revised July 2, 2007 (the "GDP and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Page 2of8 Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Proffer Statement Page 3 of 8 Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. 7. LIBRARIES: $1,288.00 per issuance of a $1,040.00 per issuance of a 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFFS OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building perrnit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Proffer Statement 11. WATER SEWER: 12. ENVIRONMENT: 13. TRANSPORTATION: Page 4 of8 Haggerty outside of residential lots; (iii) common solid waste disposal programs, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The FIOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11.1 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 "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101' building permit is issued. (See 3 on GDP). 12.1 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 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Proffer Statement Haggerty Page 5 of 8 13.2 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as the section of roadway between Point A and Point C. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point C on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on the GDP. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151' building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See generally Point A to Point C on the GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall provide a 90' reservation area in substantial conformance with the location depicted on the GDP to (i) construct the southern two lanes of an East -West collector road, planned to ultimately be an urban four lane divided (U4D) cross section within an 80' right of way and (ii) provide a landscaped buffer or road efficiency buffer as defined in the Frederick County Zoning Ordinance. (See 5 on GDP) 13.4.1 Within the 90' reservation area, provided that 40' of right of way is dedicated on the adjoining property to the north prior to submission of engineered plans for the East -West collector road to the County, the Applicant shall dedicate 40' of right of way, as measured from the Property boundary and construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225` building permit. Additionally, the Applicant shall construct a 50' reduced distance road efficiency buffer, as defined in the Frederick County Zoning Ordinance, between any residential lots and said collector road. Buffer plantings and /or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. Proffer Statement Page 6 of 8 Haggerty 13.4.2 In the event that 40' of right of way is not dedicated on the adjoining property to the north prior to submission of engineered plans for the East -West collector road to the County, the Applicant shall dedicate 80' of right of way, as measured from the Property boundary and within the 90' reservation area, to construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall he constructed prior to issuance of the 225" building permit. Additionally, the Applicant shall also construct a densely planted landscape screen within the remaining 10' of the 90' reservation area. Said landscape screen shall be located between any residential lots and said collector road and shall consist of a double row of evergreen trees, minimum four feet tall at time of planting, spaced a maximum of eight feet apart. No additional screening or buffer distance shall be required between the residential units and said collector road. Buffer plantings and /or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to the North -South collector road and East -West collector road shall be prohibited. 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. Proffer Statement 14. ESCALATOR CLAUSE: Page 7 of 8 Haggerty 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("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 24 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. 15. INTER PARCEL CONNEC'T'ION: 15.1 The Applicant shall construct an inter parcel connector to provide access to the adjoining properties to the south and east in the general location depicted at Point 8 on the GDP; said inter-parcel connection shall be provided in place of any previously planned inter- parcel connection located at the southwestern area of the Property as previously depicted on the approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed inter parcel connection as shown at Point 8 on the GDP shall also be depicted on the Master Development Plan to be submitted for the Property, and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Proffer Statement Respectfully submitted, By: Title: Mana The Canyon, LC STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was a nowle ed before m his 1 a} o f •J 2007, by b i 13' i D Ni z7 me My commissio pines /0 Notary Public r J l Page 8 of 8 Haggerty 2 H4GGERTY PROPERTY GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, UTRGINIA Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 PROPOSED PROFFER STATEMENT REZONING: RZ. Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55 -A -212 212A (the "Property RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07 The undersigned hereby proffers that the use and development of the subject property "Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional 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 County 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 indude 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 term "Applicant" as referenced herein shall indude 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, Haggerty Property" dated December 20, 2004 revised ud lly2. 2007 (the "GDP and shall indude the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. Deleted: June, i a Proffer Statement Haggerty 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: Page 2 of 7 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian- bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE RESCUE: 4.1 The Applicant shall contribute to the Board the sure of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. Proffer Statement Haggerty 6. PARKS OPEN SPACE: 7. LIBRARIES. 8. SHERIFF'S OFFICE Page 3 of 7 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. $1,288.00 per issuance of a $1,040.00 per issuance of a 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA 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, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise Proffer Statement Haggerty granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER SEWER: Page 4 of 7 11.1 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 "the FCSA"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4. The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101 building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 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 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. 13.2 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generall shown on the GDP as the section of roadway between Point A and Point C. Said collector road shall be located Proffer Statement Haggerty Page 5 of 7 within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point C on the GDP. The North -South collector road shall generally r un along the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on the GDP. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and /or Frederick County. (See generally Point A to Point C_on the GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall construct the southern two lanes of an East -West collector toad from Point D to Point E as shown on the GDP, ultimately planned to be an urban four lane divided (U4D) cross section, within an 80 foot right of way in the general location depicted from Point D to Point E on the GDP. The Applicant shall also construct a densely planted landscape screen with a double row of evergreen trees. minimum 4 feet tall at time of planting, spaced a maximum of 8 feet apart on a 10' landscape easement between any residential structure and the proposed East -West collector road in elace of the nical road efficienc buffer as defined in the Frederick County Zoning Ordinance. Should the County require a road efficiency buffer as defined in the Frederick County Zoning Ordinance for said roadway for Master Development Plan approval. the Applicant shall only be required to dedicate 40 feet of right of way. construct the southern 2 lanes of a U4D roadway. and provide a 50 foot reduced distance road efficiency buffer as defined in the Frederick County Zoning Ordinance. (See generally_ Point D to Point E on the GDP) 13.5 The .Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). Deleted: See 4 on GDP Deleted: 5 on GDP j Proffer Statement Haggerty 14. ESCALATOR CLAUSE: 15. INTER PARCEL CONNECTION: Page 6 of 7 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to the North -South collector road and East -West collector road shall be prohibited. 13.9 Any portion of the "spine" collector toad constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("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 24 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. 15.1 The Applicant shall construct an inter parcel connector to provide access to the ad'.inin• .ro.erties t. the south and east in the eral location de.icted at Point 8 on the GDP; said inter parcel connection shall be provided in place of any previously planned inter- parcel connection located at the southwestern area of the Property as previously depicted on the approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed interparcel connection as shown at Point 8 on the GDP shall also be depicted on the Master Development Plan to be submitted for the Property. and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Proffer Statement Haggerty Respectfully submitted, By: Page 7 of 7 The Canyon, LC Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: My commission expires Notary Public The foregoing instrument was acknowledged before me this day of 2007, by 1. LAND USE: 1.1 PROPOSED PROFFER STATEMENT REZONING: RZ. Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55 -A -212 212A (the "Property RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional 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 County 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. 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 term "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, Haggerty Property" dated December 20, 2004 revised July 2, 2007 (the "GDP and shall include the following. Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. U e 2.2 OJT f b s 8► D c Z .T I Proffer Statement 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 4 t J J L- 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian- bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: Page 2 of 7 Haggerty The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. Proffer Statement Haggerty 6. PARKS OPEN SPACE: Page 3 of 7 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building pen nit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. 7. LIBRARIES: $1,288.00 per issuance of a $1,040.00 per issuance of a 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA 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, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise Proffer Statement granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an. escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER SEWER: 12. ENVIRONMENT: Page 4 of 7 11.1 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 "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101 building permit is issued. (See 3 on GDP). 12.1 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 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. cc the outset of the 13. TRANSPORTATION: 13.1 Transportation improvements shall be development process unless otherwise spe Haggerty 13.2 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as the section of roadway between Point A and Point C. Said collector road shall be located cU Woes co G OP v✓ p Proffer Statement Haggerty within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point C on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on the GDP. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151 building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and /or ederick County. (See generally Point A to Point C on the GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes pursuant to VDOT specifications and approval. The Applicant shall further enter into a signali7ation agreement with VDOT for said intersection. 13.4 The Applicant shall construct the southern two lanes of an East -West collector road from Point D to Point E as shown on the GDP, ultimately planned to be an urban four lane divided (U4D) cross section, within an 80 foot right of way in the general location depicted from Point D to Point E on the GDP. The Applicant shall also construct a densely planted landscape screen with a double row of evergreen trees, minimum 4 feet tall at time of planting, spaced a maximum of 8 feet apart on a 10' landscape easement r b between any residential structure and the proposed East -West collector road o )k' f in place of the typical road efficiency buffer as defined in the Frederick mom` f o 1-& 1 County Zoning Ordinance. Should the County require a road efficiency buffer as defined in the Frederick County Zoning Ordinance for said 1 1 i" roadway for Master Development Plan approval, the Applicant shall only be �n required to dedicate 40 feet of right of way, construct the southern 2 lanes of a U4D roadway, and provide a 50 foot reduced distance road efficiency buffer as defined in the Frederick County Zoning Ordinance. (See generally Point D to Point E on the GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). Page 5 of 7 Proffer Statement 13.7 14. ESCALATOR CLAUSE: 15. INTER- PARCEL CONNECTION: 15.1 Haggerty The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 tight of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of plan: termined through discussion with th V `restry service and 0 d shall be sh on initial construction plans. e A1JD k- 13.8 Direct lot access to the North -South collector road and East -West collector road shall be prohibited. 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors "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 24 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. The Applicant shall construct an inter- parcel connector to provide access to the adjoining properties to the south and east in the general location depicted at Point 8 on the GDP; said inter- parcel connection shall be provided in place of any previously planned inter- parcel connection located at the southwestern area of the Property as previously depicted on the approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed interparcel connection as shown at Point 8 on the GDP shall also be depicted on the Master Development Plan to be submitted for the Property, and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development. bjtil p:61/ ik/\ SIGNATURES APPEAR ON THE FOLLOWING PAGES Proffer Statement Haggerty Respectfully submitted, The Canyon, LC By: Title: Man er Page 7 of 7 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: `r The foregoing instrumen was a9 d efore me this c7. day of JO f 2007, by Jd` b� t �r ct�� f i My commission expires Notary Public 0 HAGGERTY PROPERTY GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, VIRGINIA 117 E. Picadilly St. Winchester, Virginia 22601 VOICE (540) 667 -2139 FAX: (540) 665 -0493 DENOTES GENERALIZED OPEN SPACE Patton, Harris, Rust Associates Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers @phra.com] Sent: Wednesday, May 16, 2007 12:41 PM To: 'Mike Ruddy' Subject: Haggerty Proffer Revision Mike, I delivered a signed, revised proffer statement for the Haggerty Property to your office today. I've attached a PDF of the redmarked version of the proffer so you can see what changes we have made. The changes include: 1) Matching the proposed phasing schedule to the original proffer as approved by the Board (i.e. 60 months) 2) Prohibit direct lot access to Haggerty Blvd. 3) Provide that the portions of the spine road located as Route 37 would be constructed using Maguire Associates preliminary plans. Let me know if you have any questions. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com 5/18/2007 Page 1 of 1 PROPOSED PROFFER STATEMENT REZONING: RZ. Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55 -A -212 212A (the "Property RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional 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 County 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. 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 term "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, Haggerty Property" dated December 20, 2004 revised 11/27/06 (the "GDP and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise p ermitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building perm t for each single faintly detached unit. Page 2 of7 Rev. 5/16//07 Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. 7. LIBRARIES: $1,288.00 pet issuance of a $1,040.00 per issuance of a 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriffs Office upon issuance of building pen for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, Cu) common buffer areas located Page 3 of 7 Rev. 5/16/107 Proffer Statement Haggerty outside of residential lots; (iii) common solid waste disposal programs, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER SEWER: 11.1 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 "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101' building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 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 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 7 Rev. 5/16/107 Proffer Statement Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's intemal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located partly within a sixty foot right of way running approximately parallel to the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, in substantial conformance with the alignment depicted on the GDP, and shall be constructed as a rural undivided (R2) cross section provided that curb and gutter may be utilized in some locations. The collector road will transition from a R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and /or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install thosc improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an cast -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to the "spine" collector shall be prohibited. Page 5 of 7 Rev. 5/161/07 Proffer Statement Haggerty 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors "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 24 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 Page 6 of 7 Rev. 5/16//07 Respectfully submitted, The Canyon, LC STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Proffer Statement Haggerty The foregoing instrument was acknowledged before me this /6 day t4 2007, by 7) 13 14 t t: y My co ssio expires 1 `;7, 2 C P Notary Public �j Page 7 of 7 Rev. 5/16/107 PROPOSED PROFFER STATEMENT REZONING: RZ. Residential Performance (RP) to Residential Performance (RP) PROPERTY: 11156 acres Tax Map Parcels 55 -A -212 212A (the "Property RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall he 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 County 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 subunit 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 term "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, Haggerty Property" dated December 20, 2004 revised 11/27/06 (the "GDP and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement 2.1 2.2 Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. The maximum dwellin• units for which certificates of occu•an c are requested shall be 75 in any 12 month period within the first 24 months of o'ect develo ment be nnin on the date of master develo >ment lan uch oval by the Board, and 50 in any 12 month period d>e units not requested in a given 12 month period shall be allowed to tarn over to the subse•uent 12 month •eriod in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian- bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 7 Rev. 5/16/107 Formatted: Bullets and Numbering Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. 7. LIBRARIES: 8. SHERIFF'S OFFICE $1,288.00 per issuance of a $1,040.00 per issuance of a 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 72 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental adrninistration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, dunes, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other dunes and responsibilities as may be assigned, an HOA shall have ride to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 7 Rev. 5116/107 Proffer Statement Haggerty outside of residential lots; (iii) common solid waste disposal programs, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or othenvise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER SEWER: 11.1 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 "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 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 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 7 Rev. 5/16//07 Proffer Statement Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located partly within a sixty foot right of way running approximately parallel to the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, in substantial conformance with the alignment depicted on the GDP, and shall be constructed as a rural undivided (R2) cross section provided that curb and gutter may be utilized in some locations. The collector road will transition from a R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and /or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to \'DOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FAX/SA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and planed. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The rnix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall he shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to the "spine" collector shall be prohibited. Page 5 of 7 Rev. 5/16//07 Formatted: Bullets and Numbering Proffer Statement Haggerty 13.9 Any portion of the "spine" collector road constructed in the Route 37• al gnrnent shall be constructed in general conformance with the apical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study Functional Desi dated October 1992 as re )aped b 're Associates Inc. 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`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 Stares 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 24 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 Page 6 of 7 Rev. 5 /16/107 Formatted: Bullets and Numbering Respectfully submitted, Proffer Statement Haggerty By: The Canyon, LC Title: Manaeer STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2007, by My commission expires Notary Public Page 7 of 7 Rev. 5/16//07 REZONING: RZ. Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55 -A -212 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07 The undersigned hereby proffers that the use and development of the subject property "Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall he 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 County 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. 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 he 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 tern "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, Haggerty Property" dated December 20, 2004 revised 11/27/06 (the "GDP and shall include the following: 1. LAND USE: 1.1 1 PROPOSED PROFFER STATEMENT Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: The Property shall he developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 22 The maximum dwellin units for which certificates of occupancy area requested shall be 75 in any 12 month period within the first 24 months of roiect developmenr, beginning on the date of master development plan approval by the Board, and 50 in anv 12 month period thereafter. Anv such units not re uested in a .ven 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.1 2.3 After 60 months from master developmenr plan approval by the Board. any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit For each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 7 Rev. 5/16//07 Formatted: Bullets and Numbering Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building pen-nit for each single family detached unit. 62 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. 7. LIBRARIES: 8. SHERIFF'S OFFICE $1,288.00 per issuance of a $1,040.00 per issuance of a 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, dudes, and powers as are customary for such associations or as may he required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have tide to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 7 Rev. 5/16//07 Proffer Statement Haggerty outside of residential lots; (iii) common solid waste disposal programs, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER SEWER: 11.1 The Applicant shall be responsible for connecting the Property to public waver 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 "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority "the F\XSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 13. TRANSPORTATION: 12.1 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 which results in the highest order of stormwater control in existing Virginia law at the rime of construction of any such facility. 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 7 Rev. 5/161/07 Proffer Statement Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located partly within a sixty foot right of way running approximately parallel to the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, in substantial conformance with the alignment depicted on the GDP, and shall be constructed as a rural undivided (R2) cross section provided that curb and gutter may be utilized in some locations. The collector road will transition from a R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and /or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees arc to be determined through discussion with the Virginia Forestry service and VDOT and shall he shown on initial construction plans. (See 7 on GDP). 13.6 Direct lot access to the s.ine" collector shall be .rohibited Page 5 of 7 Rev. 5/16//07 Formatted: Bullets and Numbering 14. ESCALATOR CLAUSE: Proffer Statement Haggerty 13.9 Any portion of the "spine" collector road constructed in the Route 37' alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors "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 24 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 Page 6 of 7 Rev. 5 /16/107 Formatted: Bullets and Numbering Respectfully submitted, The Canyon, LC Proffer Statement Haggerty By: Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2007, by My commission expires Notary Public Pagel of 7 Rev, 5/161107 PROPOSED PROFFER STATEMENT REZONING: RZ. Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55 -A -212 212A (the "Property RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional 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 County 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. 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 term "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, Haggerty Property" dated December 20, 2004 revised 11/27/06 (the "GDP and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Haggerty 1 2 Single family detached housing types shall comprise a minirnum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a in xed use residential type allowing a range of housing types within limits established by this proffer statement. 22 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recteation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single fam ly attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 7 Rev. 5/16//07 Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. 7. LIBRARIES: $1,288.00 per issuance of a $1,040.00 per issuance of a 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to die County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 7 Rev. 5/16/107 Proffer Statement Haggerty outside of residential lots; (iii) common solid waste disposal programs, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER SEWER: 11.1 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 "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority ("the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101` building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 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 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 7 Rev. 5/161/07 Proffer Statement Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector toad shall be located partly within a sixty foot right of way running approximately parallel to the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, in substantial conformance with the alignment depicted on the GDP, and shall be constructed as a rural undivided (R2) cross section provided that curb and gutter may be utilized in some locations. The collector road will transition from a R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the fast building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and /or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to the "spine" collector shall be prohibited. Page 5 of 7 Rev. 5/16//07 Proffer Statement Haggerty 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by ivlaguite Associates, Inc. 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors "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 ("CPT-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 24 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 Page 6 of 7 Rev. 5116/107 Proffer Statement Haggerty Respectfully submitted, The Canyon, LC STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this /6 day of /71 Al 2007, by 7) rj 13. t-EnlL:ri141y My com Notary Public 111SS1O 1 I. AA expires Ftzbet!Ary `Z• act)? Page 7 of 7 Rev. 5/16//07 o scS tyco TE y-- SENSEN 1tCIAD- CD4NEGTIdd Y {SRS) HAGGERTY PROPERTY GENERALIZED DEVELOPMENT PLAN FREDERICK COUNT, WRGINIA DENOTES GENERAIJZED OPEN SPACE gilbert w. clifford associates a division of Patton, Harris, Rust Associates, pc 117 E. Picadlly St. Winchester, Virginia 22601 VOICE (540) 667 -2139 FAX: (540) 665 -0493 Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers ©phra.com] Sent: Wednesday, May 16, 2007 12:41 PM To: 'Mike Ruddy' Subject: Haggerty Proffer Revision Mike, Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com 5/18/2007 Page 1 of 1 I delivered a signed, revised proffer statement for the Haggerty Property to your office today. I've attached a PDF of the redmarked version of the proffer so you can see what changes we have made. The changes include: 1) Matching the proposed phasing schedule to the original proffer as approved by the Board (i.e. 60 months) 2) Prohibit direct lot access to Haggerty Blvd. 3) Provide that the portions of the spine road located as Route 37 would be constructed using Maguire Associates preliminary plans. Let me know if you have any questions. PROPOSED PROFFER STATEMENT REZONING: RZ. 0t1 -off Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55 -A -212 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional 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 County 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. 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 term "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, Haggerty Property" dated December 20, 2004 revised 11/27/06 (the "GDP and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period beginning on the date of master development plan approval by the Board. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 48 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian- bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building perrnit for each single family detached unit. Page 2 of 7 Rev. 3/22/07 Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building pemut for each single family attached unit. 7. LIBRARIES: $1,288.00 per issuance of a $1,040.00 per issuance of a 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriffs Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "FIOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 7 Rev. 3/22/07 Proffer Statement 11. WATER SEWER: Haggerty outside of residential lots; (iii) common solid waste disposal programs, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be Located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11.1 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 "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 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 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 7 Rev. 3/22/07 Proffer Statement Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located partly within a sixty foot right of way running approximately parallel to the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, in substantial conformance with the alignment depicted on the GDP, and shall be constructed as a rural undivided (R2) cross section provided that curb and gutter may be utilized in some Locations. The collector road will transition from a R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and /or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors "Board within Page 5 of 7 Rev. 3/22/07 Proffer Statement 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 24 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 ffaggerty Page 6 of 7 Rev. 3/22/07 Proffer Statement Title: Ma er Respectfully submitted, By: The Canyon, LC STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Haggerty The foregoing instrumen as acknowled d before is o73 of Cif J1 2007, by t/i c; g me this C/f'aa„dia O u My commissio E xpires 1 31 61 Notary Public t tit- ,L/L Page 7 of 7 Rev. 3/22/07 ROUTE 7.- SENSENY, A CONNECTION/ Y (OTHERS) DENOTES GENERALIZED OPEN SPACE V 0 0 H4GGERTY PROPERTY GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, VIRGINIA gilbert w. Clifford associates a division of Patton, Harris, Rust Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 Patton Harris Rust Sociates Engineers. Surveyors. Pianners. Landscape Architects. P 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mike Ruddy Organization /Company: Frederick County Planning From: Patrick Sowers Mike, Date: April 12, 2007 Project NamelSubject: Haggerty Proffer Modification Narrative I've attached a brief narrative that highlights the proposed modifications to the Haggerty Proffer Statement and Generalized Development Plan. Please feel free to call with any questions that you may have. Thanks, Patrick APR 1 2 Memorandum Patton Harris Rust lesociates Engineers. Surveyors. Planners. Landscape Architects. P H R 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mike Ruddy Organization /Company: Frederick County Planning From: Patrick Sowers Date: April 12, 2007 Project Name /Subject: Haggerty Proffer Modification Narrative Mike, I've attached a brief narrative that highlights the proposed modifications to the Haggerty Proffer Statement and Generalized Development Plan Please feel free to call with any questions that you may have. Thanks, Patrick APR 1 2 2001 Memorandum Frederick County, Virginia IMPACT ANALYSIS STATEMENT FOR REVIEW OF THE HAGGERTY PROFFER MODIFICATION REQUEST Red Bud Magisterial District April 2007 Prepared by: Patton Harris Rust Associates 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540-667-2139 Fax: 540 -665 -0493 April 2007 Haggerty Proffer Modification Request SITE BACKGROUND AND HISTORY On February 9, 2005 the Frederick County Board of Supervisors approved conditional rezoning #14 -04 for the Haggerty Property. This rezoning permitted a maximum of 300 residential units and provided for substantial transportation improvements. In addition to providing necessary right of way for future Route 37, Rezoning #14-04 planned for both a North /South collector road, referred to as the Spine Road, to connect Route 7 with Senseny Road as well as an East /West Collector Road to connect with the adjacent property to the West. Figure 1 depicts the transportation network proffered as part of Rezoning #14 -04. PROFFER MODIFICATIONS 1. Spine Road Alignment The Proffer Modification Request for the Haggerty Property relates to transportation improvements with the only exception being one minor revision to proffer 10.2 to give the HOA responsibility for a common solid waste disposal program. Other proffers, such as maximum number of residential units, remain identical to the proffers approved as part of Rezoning #14 -04. Figure 2 depicts the proposed transportation network associated with this request. The modifications to the transportation proffers include the following: The alignment of the Spine Road, as depicted by the Generalized Development Plan proffered as part of the original rezoning, proposed a collector road from Route 7 to the southern project boundary with the intent that the roadway would provide the much needed Route 7 /Senseny Road connection until such time that Route 37 was constructed. The revised alignment of the Spine Road traverses into the future Route 37 alignment and would be constructed as the typical Route 37 cross section for approximately 750 feet to connect to the Southern Property boundary. While construction of 750 feet of future Route 37 is significant, the greater benefit of the Spine Road re- alignment is found in the implementation of the connection between Route 7 and Senseny Road. As approved with Rezoning #14-04, the Spine Road connection between Route 7 and Senseny Road would very likely not be completed until such time that the adjacent Property to the South develops. Aligning the roadway with Route 37, allows for this North South connection to occur using a known alignment prior to development activities on the adjacent property should the right of way for future Route 37 and a funding mechanism be acquired. Figure 3 depicts how Route 37 could be extended from the Southern Property boundary to Senseny Road via the planned off ramp. This scenario would provide for the Route Page 1 of 2 April2007 7 /Sensney Road connection while providing the opportunity to construct the interchange for Route 37 at Senseny Road without interrupting traffic flow for the North -South traffic movement. Additionally, the Spine Road has been modified from a U2 (Urban Undivided) to a R2 (Rural Undivided) cross section to utilize an open section design that better matches the cross section for Route 37 and also provides the ability to expand the roadway in the future without the additional work and disturbance associated with removing curb and gutter. The section of the roadway at Route 7 and at the subdivision street intersection will remain an urban design. 2. East -West Connector Road CONCLUSION Pa <ae2of2- 1111Ha Proffer Modification Request The alignment of the East -West Connector Road which connects the Spine Road with property to the West has shifted approximately 400 feet South. The original intent of this roadway, to provide access to property West of the site, remains intact. It is also important to note that shifting the roadway 400 feet South from the original location is not in conflict with the Eastern Road Plan, as the potential for connection to existing Valley Mill Road remains as feasible with the proposed alignment as it was with the previous version approved as part of Rezoning 14 -04. The Haggerty Proffer Modification Request maintains the core transportation goal of the original Haggerty Rezoning, the future connection of Route 7 with Senseny Road. The revised proffers provide for construction of a portion of two lanes of Route 37 and, more importantly, potentially expedites the connection between Route 7 and Senseny Road by providing for a link that could be made regardless of whether or not the adjacent Property were to develop. As such, the proposed Proffer Modification Request for the Haggerty Property presents itself as a step fonvard in implementing critical transportation connections that are much needed in this portion Frederick County. PUMP E/ A ;4 2 �y= r \C 4 R t: H 3G RT PROPERTY R G -G TRANSPORTATION PLAN FREDERICK COUNT); w m (csM m DENOTES GENERALIZED OPEN SPACE LAYOUT Patton, Harris, Rust Ass oals 117 E. Picadilly m Winchester, Virginia 2260 VOICE: (540 )s 2139 FAX: )s o ter, tp' Cc k 24 �FUiURE,RCU I a N$ENY RaR Yaa7HERS)r���.`� 'M Th\ I v O H4GGERTY PROPERTY PROPOSED TRANSPORTATION PLAN FREDERICK COUNTY VIRGINIA DENOTES GENERALIZED OPEN SPACE Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOCE: (540) 667 -2139 FAX: (540) 665 -0493 FIGURE 2 0 0 0 I I' N HAGGERTY PROPERTY ROUTE 7 SENSENY ROAD CONNECTION CONCEPT FREDERICK COUNTY, VIRGINIA cTri DENOTES GENERALIZED OPEN SPACE Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 FIGURE 3