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Home My WebLink About06-07 Proffer Statement0 Shenandoah — Oak Ridge Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. # 6L- Rural Areas (RA) to Residential Recreational Community (R5) PROPERTY: 52.6 acres + / -; Tax Map Parcels 86- A -273D [the "Property "] RECORD OWNER: Oak Ridge Properties, Inc. APPLICANT: Oxbridge Development, LC PROJECT NAME: Shenandoah — Oak Ridge ORIGINAL DATE OF PROFFERS: January 3, 2007 REVISION DATE(S): April 3, 2007; April 19, 2007; May 18, 2007 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 R5 conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void.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 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, Shenandoah — Oak Ridge" dated January 3, 2007 revised May 18, 2007 (the "GDP "), and shall include the following: 1. Land Use 1.1 Residential development on the Property shall not exceed a maximum of 160 single family dwelling units. Page 1 of 6 0 Shenandoah — Oak Ridge Proffer S tateme nt 1.2 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age- restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. � 36 -96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 2. Fire and Rescue 2.1 The Applicant shall contribute to the Board the sum of $790.00 per single family, detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each detached unit. 2.2 The Applicant shall contribute to the Board the sum of $583.00 per single family, attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each attached unit. Parks and Recreation 3.1 The Applicant shall contribute to the Board the sum of $2,239.00 per single family, detached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each detached unit. 3.2 The Applicant shall contribute to the Board the sum of $1,712.00 per single family, attached dwelling unit for recreational purposes, payable upon the issuance of a building permit for each attached unit. 4. Library 4.1 The Applicant shall contribute to the Board the sum of ,$372.00 per single family, detached dwelling unit for library purposes, payable upon the issuance of a building permit for each detached unit. 4.2 The Applicant shall contribute to the Board the sum of $285.00 per single family, attached dwelling unit for library purposes, payable upon the issuance of a building permit for each attached unit. 5. Public Safety 5.1 The Applicant shall contribute to the Board the sum of $671.00 per single family, detached dwelling unit for public safety purposes upon issuance of a building permit for each detached unit. Page 2 of 6 Ll Shenandoah —Oak Rid ge Proffer Statement 5.2 The Applicant shall contribute to the Board the sum of $513.00 per single family, attached dwelling unit for public safety purposes upon issuance of a building permit for each attached unit. 6. General Government 6.1 The Applicant shall contribute to the Board the sum of $320.00 per single family, detached dwelling unit for general governmental purposes upon issuance of a building permit for each detached unit. 6.2 The Applicant shall contribute to the Board the sum of $245.00 per single family, attached dwelling unit for general governmental purposes upon issuance of a building permit for each attached unit. 7. Creation of Homeowners' Association 7.1 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. 7.2 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, (n) common buffer areas located outside of residential lots; (iii) common solid waste disposal by a commercial collection company (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument (v) responsibility for payment for maintenance of streetlights and (vi) responsibility for all roadway maintenance. 8. Water & Sewer 8.1 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 and the Frederick - Winchester Service Authority. Page 3 of 6 0 Shenandoah — Oak Re'dRe Proffer Statement 9. Transportation 9.1 Access to the Property shall be provided by a minim of two (2) road connections to Rachel Carlson Drive in the adjacent, existing Shenandoah Development. The location of said road connections shall are subject to modification and will be defined during the Master Development Phase of the project. (See 1 on GDP) 9.2 Direct Access between the Property and Hudson Hollow Road shall be prohibited. 9.3 All roadways within the development shall be privately owned and maintained. 9.4 The Applicant shall contribute to the County of Frederick the sum of $1,000.00 per single family attached dwelling unit and $2,000.00 per single family detached dwelling unit for transportation improvements in the general vicinity of the Property, payable upon the issuance of a building permit for each dwelling unit. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 4 of 6 0 Shenandoah — Oak Statement Respectfully submitted, Oak Ridge Properties, Inc. By: Title: STATE OF VIRGINIA, AT LARGE FREDERICI{ COUNTY, To -wit: The foregoing instrument was acknowledged before me this _day of 2007, by My commission expires Notary Public Page 5 of 6 E 0 Shenandoah —Oak Azdge Proffer Statement Oxbri( IM Tide: STATE OF MARYLAND, AT LARGE MONTGOMERY COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of (1 L� 2007, by 1 I o r l'c TOTrI I I My commission expires 1 06 O (/ Notary Public vi Page 6 of 6 • , C r r 1 ,J SHENANDOAH — OAK RIDGE Patton, Harris, Rust & Associates, pc GENERAL /ZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601 O a VOICE: (540) 667 -2139 FAX: (540) 665 -0493 FREDERICK COUNTY, VIRGINIA L III.