HomeMy WebLinkAbout12-07 Proffer StatementAMENDMENT
Action:
PLANNING COMMISSION
October 21.2009 -
Recommended Approval
- BOARD -OF SUPERVISORS:
November 18, 2009
U APPROVED- ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #12 -07 OF OPEQUON CROSSING
WHEREAS, Rezoning #12 -07 of Opequon Crossing, submitted by Patton Harris Rust & Associates, to
rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers
dated April 10, 2007, last revised on November 18, 2009, for up to 325 single family attached and detached
residential units, was considered. The property is located south of the existing terminus of Eddy's Lane
(Route 820), approximately 2,400 feet south of Route 7 and 1,650 feet west of Opequon Creek, in the Red
Bud Magisterial District, and is identified by Property Identification Number 55 -A -210.
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 21, 2009;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 18, 2009;
and -
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District, for up to
325 single family attached and detached residential units. The conditions voluntarily proffered in
writing by the applicant and the property owner are attached.
PDRES444 -09
0 a
This ordinance shall be in effect on the date of adoption.
Passed this l 8th day of November, 2009 by the following recorded vote:
-- Richard C. Shickle, Chairman Aye — -- Gary A. Lofton - - - - — Ave
Gary W. Dove A y e Bill M. Ewing Aye
Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye
I
Philip A. Lemieux Aye
A COPY ATTEST
Jodi' 4. Riley, Jr.
Frederick County Administrator
PDRES #44 -09
PROPOSED PROFFER STATEMENT
REZONING: RZ. #
Rural Areas (RA) to Residential Performance (RP)
PROPERTY: 70.15+/-
Tax Map Parcel 55 -A -210 (the "Property ")
RECORD OWNER: The Canyon, LC
APPLICANT: The Canyon, LC
PROJECT NAME: Opequon Crossing
ORIGINAL DATE
OF PROFFERS: April 10, 2007
REVISION DATE(S): 6/28/07; 8/27/07; 10/10/07; 6/16/08; 11/16/08; 12/5/08; 2/23/09;
9/24/09; 11/9/09; 11/18/09
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 or submitted, 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 the 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, Opequon Crossing" dated April 10, 2007 revised November 9, 2009 (the
"GDP "), and shall include the following:
Page 1 of 8
11
LAND USE
is
1.1 No more than 325 dwelling units shall be constructed on the property. A
maximum of 170 of the residential dwelling units constructed on the
Property may be single family attached dwelling units. Multi- family
dwelling units shall be prohibited.
1.2 The project shall be constructed in substantial conformance with the
Generalized Development Plan provided that minor modifications are
permitted during the Master Development Plan and final engineering
process.
I
2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN
APPROVALS.
2.1 Construction of the 325 residential dwelling units shall be phased over a
three -year period commencing with the date of approval for the Final Master
Development Plan. The Applicant shall not make application for more than
109 building permits for residential dwelling units for each 12 month period
following the date of approval for the Final Master Development Plan.
Additionally, the Applicant shall not make application for, a building permit
for any dwelling unit located on the Property for a minimum of 3 years
following the date of final rezoning (DFR).
2.3 The above referenced phasing limitations shall be cumulative.
Notwithstanding anything to the contrary contained in these Proffers, should
market conditions dictate a slower pace of construction of the residential
dwelling units on the Property, the time schedule for total build out of the
Property may exceed three years.
3. PARKS AND RECREATION:
3.1 The Applicant shall design and build a recreation building in the area
designated on the GDP. Said recreation building shall be constructed prior
to issuance of the 50` building permit and shall count towards and comply
with the recreation unit requirement for the Property as specified by Section
165 -64 of the Frederick County Code. The recreation center shall be an
enclosed clubhouse with a minimum finished floor area of 3,000 square feet.
Additionally, the Applicant shall construct neighborhood swimming pools
with a minimum water surface area of 3,500 square feet. The swimming
pools shall be constructed concurrent with construction of the community
center and shall be permitted to count towards the recreation requirements
for the Property as required by the Frederick County Zoning Ordinance.
Other recreation amenities shall be further defined at time of Master
Development Plan.
Page 2 of 8
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3.2 The Applicant shall contribute to the County the sum of $1,970 per single -
family detached unit for parks and recreation purposes, payable upon the
issuance of a building permit for each single family detached unit.
3.3 The Applicant shall contribute to the County the sum of $1,507 per single
family attached unit for parks and recreation purposes, payable upon the
issuance of a building permit for each single family attached unit.
3.4 The recreation building shall be owned and maintained by the homeowners
association ( "HOA ") for the Property.
1
3.5 Use of the recreation building shall be made available to the residents of the
adjacent Haggerty Property Subdivision provided the residents contribute on
a pro rata basis toward operation and maintenance of the facility.
3.6 A trail system utilizing a 10' wide asphalt surface constructed to VDOT
standards shall be incorporated into the design of the Property and shall be
depicted on the Master Development Plan. Said trail system shall be
provided, at minimum, along the proposed East -West Collector Road
provided per Proffer 9.2 as well as the extension of Eddys Lane to connect
with the adjacent Twin Lakes development to the South and shall be
installed concurrent with construction of those roadways and also along the
internal collector roadway to the Western Property boundary as depicted on
the GDP. The HOA shall be responsible for the ownership and maintenance
of the trail system. Public access easements shall be provided for the trail
system to allow use of the trail system to the general public.
FIRE & RESCUE:
4.1 The Applicant shall contribute to the County the sum of $713 per single
family detached 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 County the sum of $529 per single
family attached dwelling unit for fire and rescue purposes, payable upon the
issuance of a building permit for each single family attached unit.
5. SCHOOL CONSTRUCTION:
5.1 The Applicant shall contribute to the County the sum of $18,494 per single
family detached dwelling unit for school purposes, payable upon the
issuance of a building permit for each single family detached unit.
5.2 The Applicant shall contribute to the County the sum of $13,033 per single
family attached dwelling unit for school purposes, payable upon the
issuance of a building permit for each single family attached unit.
Page 3 of 8
6. LIBRARY:
6.1 The Applicant shall contribute to the County the sum of $487 per single
family detached dwelling unit for library purposes, payable upon the
issuance of a building permit for each single family detached unit.
6.2 The Applicant shall contribute to the County the sum of $372 per single
family attached dwelling unit for library purposes, payable upon the
issuance of a building permit for each single family attached unit.
7. CREATION OF HOMEOWNERS' ASSOCIATION:
7.1 The residential development shall be made subject to an HOA that shall be
responsible for the ownership, maintenance and repair of all common areas,
including but not limited to the recreation building, excluding any
conservation areas that maybe established in accordance herewith which are
specifically dedicated to Frederick County (the "County, ") or others. For
each area subject to their jurisdiction, the HOA shalt be granted such
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, the
HOA shall have title to and responsibility for (i) all common open areas not
otherwise dedicated to public use including stormwater management
facilities, (ii) common buffer areas located outside of residential lots; (iii)
establishing and managing a common solid waste disposal program; (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)I responsibility for
payment for maintenance of streetlights.
7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon
Crossing Homeowner's Association ( OCHOA) that will include an initial
hump sum payment of $2,500.00 by the Applicant prior to the initial closing
for any platted lot purchased and an additional payment of $100.00 by the
homeowners at the initial closing for each platted lot purchased within the
Opequon Crossing community. Language will be incorporated into the
OCHOA Declaration of Restrictive Covenant Document and Deed of
Dedication that ensures the availability of these funds to the OCHOA prior
to the transfer of ownership and maintenance responsibility from the
applicants to the OCHOA. The start-up funds for the OCHOA shall be
made available for the purpose of maintenance of all improvements within
the common open space areas, liability insurance, street light assessments,
and property management and /or legal fees.
Page 4 of 8
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S. 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 ( "the FCSA ").
9. TRANSPORTATION:
9.1 The Applicant hereby proffers $3,000.00 per single family attached dwelling
unit and $5,000.00 per single family detached dwelling unit in monetary
contributions that are to be utilized for design and construction of road
improvements to alleviate transportation problems in Frederick County. It is
expressly understood that the County may be applying to VDOT for revenue
sharing funds and that any monies paid may be utilized by the County for
that purpose. This monetary contribution shall be provided to Frederick
County at the time of building permit issuance for each dwelling unit.
9? Within 90 days of receiving written request from Frederick County and
VDOT, the Applicant shall dedicate 80 feet of right of way in conformance
with the location depicted on the GDP from Point A to Point C for the future
relocation of Valley Mill Road. The dedicated right of way width may increase
to up to 120 feet where necessary to accommodate turn lanes and /or
pedestrian accommodations as determined by VDOT and Frederick County.
The alignment of the right of way dedication area shall be in accordance
with the planned alignment of future Valley Mill Road' per the Frederick
County Eastern Road Plan. Prior to issuance of the 100` building permit,
the Applicant shall construct the southern two lanes of a V4D roadway from
Point A to Point B as depicted on the GDP.
9.3 The Applicant shall dedicate sufficient right of way and construct Eddys
Lane to VDOT requirements from the north Property boundary to the south
Property boundary as depicted on the GDP from Point A to Point D. Said
connection shall be made prior to issuance of the 50` building permit.
Page 5 of 8
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9.4 No building permits shall be issued for the Property until such time that the
Property has access to Route 7 via the future Haggerty Transportation
Network as identified on the GDP. In order to connect with the Haggerty
Transportation Network, the Applicant shall dedicate 80 feet of right of way
and construct the Southern two lanes of a U41) roadway to connect from the
extension of Eddys Lane to the Eastern Property Line as depicted on the
GDP. The right of way width may increase to up to 100 feet to
accommodate turn lanes as determined by VDOT. Additionally, no building
permits shall be issued for the Property until such time that the Haggerty
"Spine" Road has been completed to the Southern property line of the
adjacent Haggerty Property per Proffer 13.2 for RZ 404 -07, "Haggerty
Property" as approved by Frederick County on July 25, 2007. Additionally,
no building permits shall be issued for the Property until such time that the
following improvements are constructed at the intersection of Route 7 and
the Haggerty "Spine" Road: signalization, Westbound lanes — 1 left, 2 thru,
Eastbound lanes 1 right, 2 thru, Northbound lanes — 7 left, 1 right.
9.5 The Applicant shall provide a reserve area that is a maximum of 56 feet in
width for a potential future connection between the Property and the
adjacent Fieldstone Development to the West. It is expressly understood by
the Applicant that approved plans for the Fieldstone Development include
no provisions for an interpareel connector and use of the potential
interparcel connection area would be at the discretion of the owners of the
Fieldstone Development. Within 90 days of receiving written request from
Frederick County and VDOT, the Applicant shall dedicate said reservation
area in conformance with the location depicted on the GDP. (See I on
GDP)
10. HISTORIC RESOURCES:
10.1 The Applicant shall complete a survey documenting any historic structures
on the Property in general accordance with the guidelines established by the
Preliminary Information Form from the Department of Historic Resources.
Any documentation created as part of said survey shall be provided to
Frederick County Planning Staff and shall be completed prior to demolition
of any buildings located on the Property.
10.2 The Applicant shall provide a landscape screen along the Northern Property
boundary in the location identified as "Double Row of Evergreen Trees" on
the GDP. Said landscape screen shall consist of a landscape easement at
least 10 feet in width utilizing a double row of evergreen trees that are a
minimum 4 feet in height at time of planting with a minimum 3 trees
provided per 10 linear feet. Said improvements shall be bonded or installed
prior to issuance of a certificate of occupancy for any dwellings within the
vicinity of the northern property boundary.
Page 6 of 8
E
0
11. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS:
11.1 Any portion of the Property may hereafter be dedicated for public street
purposes (or otherwise conveyed to a public entity) and such portion so
dedicated shall, upon such dedication, be excluded from the terms and
conditions of these Proffers and the remainder of the Property shall continue
to be subject to the full force and effect of these proffers.
12. ESCALATOR CLAUSE:
12.1 In the event the monetary contributions set forth in the Proffer Statement are
paid to the Board within 30 months of the approval of this rezoning, 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 of 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.
SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S)
Page 7 of 8
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Respectfully submitted,
The Canyon, LC
By:
Title: Manager
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day_-
of AloUe;tkc42 2009, by IDAllic! 11nU el✓v
My commission expires: _7C �j _ uAgy a R � o i a_
Notary Publ
Jam.
Vee63. l5'17 CI -744
Page 8of8
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Patton Harris Rust & Associates
GENERALIZED DEVELOPMENT PLAN
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601 Opequon Crossing
A T 540.667.2139
F 540.665.0493
DATE: 4/10/07 REV: 11/9/09 SCALE: 1" = 70r
® REZONING:
PROPERTY:
RECORD OWNER:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE(S):
•
0
PROPOSED PROFFER STATEMENT
RZ. #
Rural Areas (RA) to Residential Performance (RP)
70.15+/-
Tax Map Parcel 55 -A -210 (the `Property")
The Canyon, LC
The Canyon, LC
Opequon Crossing
April 10, 2007
a
6/28/07; 8/27/07; 10/10/07; 6/16/08; 11/16/08; 12/5/08; 2/23/09;
9/24/09 11/9/09
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 or submitted, 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 the 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, Opequon Crossing" dated April 10, 2007 revised November 9 , 2009 (the
"GDP "), and shall include the following:
Page 1 of 8
D e l e t ed: Septembc 15
0
I. LAND USE
• 1.1 No more than 325 dwelling units shall be constructed on the property. A
maximum of 170 of the residential dwelling units constructed on the
Property may be single family attached dwelling units. Multi- family
dwelling units shall be prohibited.
12 The project shall be constructed in substantial conformance with the
Generalized Development Plan provided that minor modifications are
permitted during the Master Development Plan and final engineering
process.
2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN
APPROVALS.
2.1 Construction of the 325 residential dwelling units shall be phased over a
three -year period commencing with the date of ,�ipproval for the Final Master
Development Plan The Applicant shall not make application for more than
109 building permits for residential dwelling units for each 12 month period
following the date of approval for the Final Master Development Plan
2.3 The above referenced phasing limitations shall be cumulative.
Notwithstanding anything to the contrary contained in these Proffers, should
market conditions dictate a slower pace of construction of the residential
dwelling units on the Property, the time schedule for total build out of the
Property may exceed three years.
3. PARKS AND RECREATION:
3.1 The Applicant shall design and build a recreation building in the area
designated on the GDP. Said recreation building shall be constructed prior
to issuance of the building permit and shall count towards and comply
with the recreation unit requirement for the Property as specified by Section
165 -64 of the Frederick County Code. The recreation center shall be a
minimum of 3.000 square feet in size. Additionallv, the Applicant shall
construct neighborhood swimming pools with a minimum surface area of
3.500 square feet. The swimming pools shall be constructed concurrent
with construction of the community center and shall be permitted to count
towards the recreation requirements for the Property as required by the
Frederick County Zoning Ordinance. Other recreation amenities shall be
further defined at time of Master Development Plan.
32 The Applicant shall contribute to the County the sum of 51,970 per single -
family detached unit for parks and recreation purposes, payable upon the
issuance of a building permit for each single family detached unit.
Page 2 of 8
Deleted: final rezoning (of R)
Deleted: DFR
Deleted: 150°
3.3 The Applicant shall contribute to the County the sum of $1,507 per single
. family attached unit for parks and recreation purposes, payable upon the
issuance of a building permit for each single family attached unit.
3.4 The recreation building shall be owned and maintained by the homeowners
association (`HOA ") for the Property.
3.5 Use of the recreation building shall be made available to the residents of the
adjacent Haggerty Property Subdivision provided the residents contribute on
a pro rata basis toward operation and maintenance of the facility,
3.6 A trail system utilizing a 10' wide asphalt surface constructed to VDOT
standards shall be incorporated into the design of the Property and shall be
depicted on the Master Development Plan. Said trail system shall be
provided, at minimum, along the proposed East -West Collector Road
provided per Proffer 9.2 as well as the extension of Eddys Lane to connect
with the adjacent Twin Lakes development to the South and shall be
installed concurrent with construction of those roadways and also along the
internal collector roadway to the Western Property boundary as depicted on
the GDP The FICA shall be responsible for the ownership and maintenance
of the trail system. Public access easements shall be provided for the trail
system to allow use of the trail system to the general public.
FIRE & RESCUE:
4.1 The Applicant shall contribute to the County the sum of $713 per single
family detached 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 County the sum of $529 per single
family attached dwelling unit for fire and rescue purposes, payable upon the
issuance of a building permit for each single family attached unit.
5. SCHOOL CONSTRUCTION:
5.1 The Applicant shall contribute to the County the sum of $18,494 per single
family detached dwelling unit for school purposes, payable upon the
issuance of a building permit for each single family detached unit.
5.2 The Applicant shall contribute to the County the sum of $13,033 per single
family attached dwelling unit for school purposes, payable upon the
issuance of a building permit for each single family attached unit.
Page 3 of 8
6. LIBRARY:
6.1 The Applicant shall contribute to the County the sum of $487 per single
family detached dwelling unit for library purposes, payable upon the
issuance of a building permit for each single family detached unit.
6.2 The Applicant shall contribute to the County the sum of $372 per single
family attached dwelling unit for library purposes, payable upon the
issuance of a building permit for each single family attached unit.
7. CREATION OF HOMEOWNERS' ASSOCIATION:
7.1 The residential development shall be made subject to an HOA that shall be
responsible for the ownership, maintenance and repair of all common areas,
including but not limited to the recreation building, excluding any
conservation areas that may be established in accordance herewith which are
specifically dedicated to Frederick County (the "County ") or others. For
each area subject to their jurisdiction, the HOA shall be granted such
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, the
HOA shall have title to and responsibility for (i) all common open areas not
otherwise dedicated to public use including stormwater management
facilities, (ii) common buffer areas located outside of residential lots; (iii)
establishing and managing a common solid waste disposal program; (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.
7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon
Crossing Homeowner's Association ( OCHOA) that will include an initial
lump sum payment of $2,500.00 by the Applicant prior to the initial closing
for any platted lot purchased and an additional payment of $100.00 by the
homeowners at the initial closing for each platted lot purchased within the
Opequon Crossing community. Language will be incorporated into the
OCHOA Declaration of Restrictive Covenant Document and Deed of
Dedication that ensures the availability of these funds to the OCHOA prior
to the transfer of ownership and maintenance responsibility from the
applicants to the OCHOA. The start-up funds for the OCHOA shall be
made available for the purpose of maintenance of all improvements within
the common open space areas, liability insurance, street light assessments,
and property management and/or legal fees.
Page 4 of 8
U
0
0 0
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 ( "the FCSA ").
9. TRANSPORTATION:
9.1 The Applicant hereby proffers $1000.00 per single family attached dwelling
unit and $2000.00 per single family detached dwelling unit in monetary
contributions that are to be utilized for design and construction of road
improvements to alleviate transportation problems in the general vicinity of
the Property. It is expressly understood that the County may be applying to
VDOT for revenue sharing funds and that any monies paid may be utilized
by the County for that purpose. This monetary contribution shall be
provided to Frederick County at the time of building permit issuance for
each dwelling unit.
92 Within 90 days of receiving written request from Frederick County and
V'DOT, the Applicant shall dedicate 80 feet of right of way in conformance
with the location depicted on the GDP from Point A to Point C for the future
relocation of Valley Mill Road. The dedicated right of way width Marc increase
to up to 120 feet where necessary to accommodate turn lanes and or
pedescrian accommodations as determined by VDOT and Frederick County
The alignment of the right of way dedication area shall be in accordance
with the planned alignment of future Valley Mill Road per the Frederick
County Eastern Road Plan. Prior to issuance of the 100` building permit,
the Applicant shall construct the southern two lanes of a U41) roadway from
Point A to Point B as depicted on the GDP.
9.3 The Applicant shall dedicate sufficient right of way and construct Eddys
Lane to VDOT requirements from the north Property boundary to the south
Property boundary as depicted on the GDP from Point A to Point D. Said
connection shall be made prior to issuance of the 50' building permit.
Page 5 of 8
Deleted: too
Deleted:
11
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9.4 No building permits shall be issued for the Property until such time that the
Property has access to Route 7 via the future Haggerty Transportation
Network as identified on the GDP. In order to connect with the Haggerty
Transportation Network, the Applicant shall dedicate 80 feet of right of way
and construct the Southern two lanes of a U413 roadway to connect from the
extension of Eddys Lane to the Eastern Property Line as depicted on the
GDP. The right of way width may increase to up to 100 feet to
accommodate turn lanes as determined by VDOT. Additionally, no building
permits shall be issued for the Property until such time that the Haggerty
"Spine" Road has been completed to the Southern property line of the
adjacent Haggerty Property per Proffer 13.2 for RZ #04 -07, "Haggerty
Property" as approved by Frederick County on July 25, 2007. Additionally,
no building permits shall be issued for the Property until such time that the
following improvements are constructed at the intersection of Route 7 and
the Haggerty "Spine" Road: signalization, Westbound lanes — 1 left, 2 thru,
Eastbound lanes I right, 2 thru, Northbound lanes— 1 left, 1 right.
9.5 The Applicant shall provide a reserve area that is a maximum of 50feet in Deleted: 54 1
width for a potential future connection between the Property and the
adjacent Fieldstone Development to the West. It is expressly understood by
the Applicant that approved plans for the Fieldstone Development include
no provisions for an interparcel connector and use of the potential
interparcel connection area would be at the discretion of the owners of the
Fieldstone Development. Within 90 days of receiving written request from
Frederick County and VDOT, the Applicant shall dedicate said reservation
area in conformance with the location depicted on the GDP. (See I on
GDP)
10. HISTORIC RESOURCES:
10.1 The Applicant shall complete a survey documenting any historic structures
on the Property in general accordance with the guidelines established by the
Preliminary Information Form from the Department of Historic Resources.
Any documentation created as part of said survey shall be provided to
Frederick County Planning Staff and shall be completed prior to demolition
of any buildings located on the Property.
10.2 The Applicant shall provide a landscape screen along the Northern Property
boundary in the location identified as "Double Row of Evergreen Trees" on
the GDP. Said landscape screen shall consist of a landscape easement at
least 10 feet in width utilizing a double row of evergreen trees that are a
minimum 4 feet in height at time of planting with a minimum 3 trees
provided per 10 linear feet. Said improvements shall be bonded or installed
prior to issuance of a certificate of occupancy for any dwellings within the
vicinity of the northern property boundary.
Page 6 of 8
•
I I. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS:
11.1 Any portion of the Property may hereafter be dedicated for public street
purposes (or otherwise conveyed to a public entity) and such portion so
dedicated shall, upon such dedication, be excluded from the terms and
conditions of these Proffers and the remainder of the Property shall continue
to be subject to the full force and effect of these proffers.
12. ESCALATOR CLAUSE:
12.1 In the event the monetary contributions set forth in the Proffer Statement are
paid to the Board within 30 months of the approval of this rezoning, 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 of 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.
SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S)
Page 7 of 8
Respectfully submitted,
The Canyon, LC
In
Title: Manaaer
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this _day
of 2009, by
My commission expires:
Notary Public
Page 8 of 8
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Patton Harris Rust & Associate
Engineers. Surveyors. Planners. Landscape Architects. GENERALIZED DEVELOPMENT PLAN
117 East Piccadilly Street, Suite 200 1
+ Winchester, Virginia 22601 Opequon Crossing
T 540.667.2139
F 540.665.0493
DATE: 4/10/07 REV: 11/9/09 SCALE: 1" = 700'
1
• 0
PROPOSED PROFFER STATEMENT
REZONING: RZ. #
Rural Areas (RA) to Residential Performance (RP)
PROPERTY: 70.15+/-
Tax Map Parcel 55 -A -210 (the "Property ")
RECORD OWNER: The Canyon, LC
APPLICANT: The Canyon, LC
PROJECT NAME: Opequon Crossing
ORIGINAL DATE
OF PROFFERS: April 10, 2007
REVISION DATE(S): 6/28/07; 8/27/07; 10/10/07; 6/16/08; 11/16/08; 12%5/08; 2/23/09;
9/24/09; 11/9/09
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 or submitted, 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 the null and void.
Further, these proffers are contingent upon final rezoning of the Property with "final rezoning"
defined as the 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, Opequon Crossing" dated April 10, 2007 revised November 9, 2009 (the
"GDP "), and shall include the following:
•
Page 1 of 8
0
1. LAND USE
1.1 No more than 325 dwelling units shall be constructed on the property. A
maximum of 170 of the residential dwelling units constructed on the
Property may be single family attached dwelling units. Multi- family
dwelling units shall be prohibited.
1.2 The project shall be constructed in substantial conformance with the
Generalized Development Plan provided that minor modifications are
permitted during the Master Development Plan and (final engineering
process.
2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN
APPROVALS.
2.1 Construction of the 325 residential dwelling units shall be phased over a
three -year period commencing with the date of approval for the Final Master
Development Plan. The Applicant shall not make application for more than
109 building permits for residential dwelling units for each 12 month period
following the date of approval for the Final Master Development Plan.
2.3 The above referenced phasing limitations shall I be cumulative.
Notwithstanding anything to the contrary contained in these Proffers, should
market conditions dictate a slower pace of construction of the residential
dwelling units on the Property, the time schedule for total build out of the
Property may exceed three years.
3. PARKS AND RECREATION:
3.1 The Applicant shall design and build a recreation building in the area
designated on the GDP. Said recreation building shall be constructed prior
to issuance of the 50` building permit and shall count towards and comply
with the recreation unit requirement for the Property as specified by Section
165 -64 of the Frederick County Code. The recreation center shall be a
minimum of 3,000 square feet in size. Additionally, the Applicant shall
construct neighborhood swimming pools with a minimum surface area of
3,500 square feet. The swimming pools shall be constructed concurrent
with construction of the community center and shall be permitted to count
towards the recreation requirements for the Property as required by the
Frederick County Zoning Ordinance. Other recreation amenities shall be
further defined at time of Master Development Plan.
3.2 The Applicant shall contribute to the County the sum of $1,970 per single -
family detached unit for parks and recreation purposes, payable upon the
issuance of a building permit for each single family detached unit.
Page 2 of 8
0 0
3.3 The Applicant shall contribute to the County the sum of $1,507 per single
family attached unit for parks and recreation purposes, payable upon the
issuance of a building permit for each single family attached unit.
3.4 The recreation building shall be owned and maintained by the homeowners
association ( "HOA ") for the Property.
3.5 Use of the recreation building shall be made available to the residents of the
adjacent Haggerty Property Subdivision provided the residents contribute on
a pro rata basis toward operation and maintenance of the facility.
3.6 A trail system utilizing a 10' wide asphalt surface constricted to VDOT
standards shall be incorporated into the design of the Property and shall be
depicted on the Master Development Plan. Said trail system shall be
provided, at minimum, along the proposed East -West Collector Road
provided per Proffer 9.2 as well as the extension of Eddys Lane to connect
with the adjacent Twin Lakes development to the South and shall be
installed concurrent with construction of those roadways and also along the
internal collector roadway to the Western Property boundary as depicted on
the GDP. The HOA shall be responsible for the ownership and maintenance
of the trail system. Public access easements shall be provided for the trail
system to allow use of the trail system to the general public.
FIRE & RESCUE:
4.1 The Applicant shall contribute to the County the sum of $713 per single
family detached 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 County the sum of $529 per single
family attached dwelling unit for fire and rescue purposes, payable upon the
issuance of a building permit for each single family attached unit.
5. SCHOOL CONSTRUCTION:
5.1 The Applicant shall contribute to the County the sum of $18,494 per single
family detached dwelling unit for school purposes, payable upon the
issuance of a building permit for each single family detached unit.
5.2 The Applicant shall contribute to the County the sum of $13,033 per single
family attached dwelling unit for school purposes, payable upon the
issuance of a building permit for each single family attached unit.
IL J
Page 3 of 8
r
• 6. LIBRARY:
6.1 The Applicant shall contribute to the Comity the sum of $487 per single
family detached dwelling unit for library purposes, payable upon the
issuance of a building permit for each single family detached unit.
6.2 The Applicant shall contribute to the County the sum of $372 per single
family attached dwelling unit for library purposes, payable upon the
issuance of a building permit for each single family attached unit.
7. CREATION OF HOMEOWNERS' ASSOCIATION
7.1 The residential development shall be made subject to an HOA that shall be
responsible for the ownership, maintenance and repair of all common areas,
including but not limited to the recreation building, excluding any
conservation areas that may be established in accordance herewith which are
specifically dedicated to Frederick County (the "County ") or others. For
each area subject to their jurisdiction, the HOA shall be granted such
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, the
HOA shall have title to and responsibility for (i) all common open areas not
otherwise dedicated to public use including stormwater management
facilities, (ii) common buffer areas located outside of residential lots; (iii)
establishing and managing a common solid waste disposal program; (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.
7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon
Crossing Homeowner's Association ( OCHOA) that will include an initial
lump sum payment of $2,500.00 by the Applicant prior to the initial closing
for any platted lot purchased and an additional payment of $100.00 by the
homeowners at the initial closing for each platted lot purchased within the
Opequon Crossing community. Language will be incorporated into the
OCHOA Declaration of Restrictive Covenant Document and Deed of
Dedication that ensures the availability of these funds to the OCHOA prior
to the transfer of ownership and maintenance responsibility from the
applicants to the OCHOA. The start-up funds for the OCHOA shall be
made available for the purpose of maintenance of all improvements within
the common open space areas, liability insurance, street light assessments,
• and property management and/or legal fees
Page 4 of 8
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 ( "the FCSA ").
9. TRANSPORTATION:
9.1 The Applicant hereby proffers $1000.00 per single family, attached dwelling
unit and $2000.00 per single family detached dwelling unit in monetary
contributions that are to be utilized for design and construction of road
improvements to alleviate transportation problems in the general vicinity of
the Property. It is expressly understood that the County may be applying to
VDOT for revenue sharing funds and that any monies paid may be utilized
by the County for that purpose. This monetary contribution shall be
provided to Frederick County at the time of building permit issuance for
each dwelling unit.
9.2 Within 90 days of receiving written request from Frederick County and
VDOT, the Applicant shall dedicate 80 feet of right of way in conformance
with the location depicted on the GDP from Point A to Point C for the future
relocation of Valley Mill Road. The dedicated right of way width may increase
to up to 120 feet where necessary to accommodate turn lanes and /or
pedestrian accommodations as determined by VDOT and Frederick County.
The alignment of the right of way dedication area shall be in accordance
with the planned alignment of future Valley Mill Road per the Frederick
County Eastern Road Plan. Prior to issuance of the 100` building permit,
the Applicant shall construct the southern two lanes of a U41) roadway from
Point A to Point B as depicted on the GDP.
9.3 The Applicant shall dedicate sufficient right of way and construct Eddys
Lane to VDOT requirements from the north Property boundary to the south
Property boundary as depicted on the GDP from Point A to Point D. Said
connection shall be made prior to issuance of the 50`� building permit.
0
Page 5 of 8
9.4 No building permits shall be issued for the Property until such time that the
Property has access to Route 7 via the future Haggerty Transportation
Network as identified on the GDP. In order to connect with the Haggerty
Transportation Network, the Applicant shall dedicate 80 feet of right of way
and construct the Southern two lanes of a U41) roadway to connect from the
extension of Eddys Lane to the Eastern Property Line as depicted on the
GDP. The right of way width may increase to up to 100 feet to
accommodate turn lanes as determined by VDOT. Additionally, no building
permits shall be issued for the Property until such time that the Haggerty
"Spine" Road has been completed to the Southern property line of the
adjacent Haggerty Property per Proffer 13.2 for RZ #04 -07, "Haggerty
Property" as approved by Frederick County on July 25, 2007. Additionally,
no building permits shall be issued for the Property until such time that the
following improvements are constructed at the intersection of Route 7 and
the Haggerty "Spine" Road: signalization, Westbound lanes — 1 left, 2 thru,
Eastbound lanes 1 right, 2 thru, Northbound lanes — 1 left, 1 right.
9.5 The Applicant shall provide a reserve area that is a maximum of 56 feet in
width for a potential future connection between the ;Property and the
adjacent Fieldstone Development to the West. It is expressly understood by
the Applicant that approved plans for the Fieldstone Development include
• no provisions for an interparcel connector and use of the potential
interparcel connection area would be at the discretion of the owners of the
Fieldstone Development. Within 90 days of receiving written request from
Frederick County and VDOT, the Applicant shall dedicate said reservation
area in conformance with the location depicted on the GDP. (See 1 on
GDP)
10. HISTORIC RESOURCES:
10.1 The Applicant shall complete a survey documenting any historic structures
on the Property in general accordance with the guidelines established by the
Preliminary Information Form from the Department of Historic Resources.
Any documentation created as part of said survey shall be provided to
Frederick County Planning Staff and shall be completed prior to demolition
of any buildings located on the Property.
10.2 The Applicant shall provide a landscape screen along the Northern Property
boundary in the location identified as "Double Row of Evergreen Trees" on
the GDP. Said landscape screen shall consist of a landscape easement at
least 10 feet in width utilizing a double row of evergreen trees that are a
minimum 4 feet in height at time of planting with a minimum 3 trees
provided per 10 linear feet. Said improvements shall be bonded or installed
prior to issuance of a certificate of occupancy for any dwellings within the
0 vicinity of the northern property boundary
Page 6 of 8
0
• 11. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS:
l 1.1 Any portion of the Property may hereafter be dedicated for public street
purposes (or otherwise conveyed to a public entity) and such portion so
dedicated shall, upon such dedication, be excluded from the terms and
conditions of these Proffers and the remainder of the Property shall continue
to be subject to the full force and effect of these proffers.
12. ESCALATOR CLAUSE:
12.1 In the event the monetary contributions set forth in the Proffer Statement are
paid to the Board within 30 months of the approval of this, rezoning, 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 of 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.
u
SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S)
E
Page 7 of 8
Respectfully submitted,
C
Title:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
•
The foregoing instrument was acknowledged before me this' day
of 2009, by I-X3,1J
My commission expires: ( 3� f
i
Notary Public f2e 3103 ?3
ID
•
Page 8 of 8
The Canyon, LC
tH
The foregoing instrument was acknowledged before me this' day
of 2009, by I-X3,1J
My commission expires: ( 3� f
i
Notary Public f2e 3103 ?3
ID
•
Page 8 of 8
The Canyon, LC
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Patton Harris Rust & Associates GENERALIZED DEVELOPMENT PLAN
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601 Opequon Crossing
T 540.667.2139
F 540.665.0493
DATE: 4/10/07 REV: 11/9/09 SCALE: 1 7001
a 0
• PROPOSED PROFFER STATEMENT
REZONING: RZ. #fog 'b7
Rural Areas (RA) to Residential Performance (RP)
PROPERTY: 70.15+/-
Tax Map Parcel 55 -A -210 (the "Property ")
RECORD OWNER: The Canyon, LC
APPLICANT: The Canyon, LC
PROJECT NAME: Opequon Crossing
ORIGINAL DATE
OF PROFFERS: April 10, 2007
REVISION DATE(S): 6/28/07; 8/27/07; 10/10/07; 6/16/08; 11/16/08; 12/5/08; 2/23/09;
9/24/09
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 or submitted, 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 the 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, Opequon Crossing" dated April 10, 2007 revised September 15, 2009 (the
"GDP "), and shall include the following:
E
Page 1 of 8
0
i 1. LAND USE
1.1 No more than 325 dwelling units shall be constructed on the property. A
maximum of 170 of the residential dwelling units constructed on the
Property may be single family attached dwelling units. Multi- family
dwelling units shall be prohibited.
1.2 The project shall be constructed in substantial conformance with the
Generalized Development Plan provided that minor modifications are
permitted during the Master Development Plan and final engineering
process.
2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN
APPROVALS.
2.1 Construction of the 325 residential dwelling units shall be phased over a
three -year period commencing with the date of final rezoning (DFR). The
Applicant shall not make application for more than 109 building permits for
residential dwelling units for each 12 month period following the DFR.
2.3 The above referenced phasing limitations shall be cumulative.
• Notwithstanding anything to the contrary contained in these Proffers, should
market conditions dictate a slower pace of construction of the residential
dwelling units on the Property, the time schedule for total build out of the
Property may exceed three years.
3. PARKS AND RECREATION:
3.1 The Applicant shall design and build a recreation building in the area
designated on the GDP. Said recreation building shall be constructed prior
to issuance of the 150` building permit and shall count towards and comply
with the recreation unit requirement for the Property as specified by Section
165 -64 of the Frederick County Code. Other recreation amenities shall be
further defined at time of Master Development Plan.
3.2 The Applicant shall contribute to the County the sum of $1,970 per single -
family detached unit for parks and recreation purposes, payable upon the
issuance of a building permit for each single family detached unit.
3.3 The Applicant shall contribute to the County the sum of $1,507 per single
family attached unit for parks and recreation purposes, payable upon the
issuance of a building permit for each single family attached unit.
• 3.4 The recreation building shall be owned and maintained by the homeowners
association ( "HOA ") for the Property.
Page 2of8
0 0
. 3.5 Use of the recreation building shall be made available to the residents of the
adjacent Haggerty Property Subdivision provided the residents contribute on
a pro rata basis toward operation and maintenance of the facility.
3.6 A trail system utilizing a 10' wide asphalt surface constructed to VDOT
standards shall be incorporated into the design of the Property and shall be
depicted on the Master Development Plan. Said trail system shall be
provided, at minimum, along the proposed East -West Collector Road
provided per Proffer 9.2 as well as the extension of Eddys Lane to connect
with the adjacent Twin Lakes development to the South and shall be
installed concurrent with construction of those roadways.
FIRE & RESCUE:
4.1 The Applicant shall contribute to the County the sum of $713 per single
family detached 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 County the sum if $529 per single
family attached dwelling unit for fire and rescue purposes, payable upon the
issuance of a building permit for each single family attached unit.
® 5. SCHOOL CONSTRUCTION:
5.1 The Applicant shall contribute to the County the sum of $18,494 per single
family detached dwelling unit for school purposes, payable upon the
issuance of a building permit for each single family detached unit.
5.2 The Applicant shall contribute to the County the sum of $13,033 per single
family attached dwelling unit for school purposes, payable upon the
issuance of a building permit for each single family attached unit.
6. LIBRARY:
6.1 The Applicant shall contribute to the County the sum of $487 per single
family detached dwelling unit for library purposes, payable upon the
issuance of a building permit for each single family detached unit.
6.2 The Applicant shall contribute to the County the sum of $372 per single
family attached dwelling unit for library purposes, payable upon the
issuance of a building permit for each single family attached unit.
E
Page 3 of 8
• 7. CREATION OF HOMEOWNERS' ASSOCIATION:
7.1 The residential development shall be made subject to an HOA that shall be
responsible for the ownership, maintenance and repair of all common areas,
including but not limited to the recreation building, excluding any
conservation areas that may be established in accordance herewith which are
specifically dedicated to Frederick County (the "County ") or others. For
each area subject to their jurisdiction, the HOA shall be granted such
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, the
HOA shall have title to and responsibility for (i) all common open areas not
otherwise dedicated to public use including stormwater management
facilities, (ii) common buffer areas located outside of residential lots; (iii)
establishing and managing a common solid waste disposal program; (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.
• 7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon
Crossing Homeowner's Association ( OCHOA) that will include an initial
lump sum payment of $2,500.00 by the Applicant prior to the initial closing
for any platted lot purchased and an additional payment of $100.00 by the
homeowners at the initial closing for each platted lot purchased within the
Opequon Crossing community. Language will be incorporated into the
OCHOA Declaration of Restrictive Covenant Document and Deed of
Dedication that ensures the availability of these funds to the OCHOA prior
to the transfer of ownership and maintenance responsibility from the
applicants to the OCHOA. The start-up funds for the OCHOA shall be
made available for the purpose of maintenance of all improvements within
the common open space areas, liability insurance, street light assessments,
and property management and /or legal fees.
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 ( "the FCSA ").
•
Page 4 of 8
0 0
9. TRANSPORTATION:
9.1 The Applicant hereby proffers $1000.00 per single family attached dwelling
unit and $2000.00 per single family detached dwelling unit in monetary
contributions that are to be utilized for design and construction of road
improvements to alleviate transportation problems in the general vicinity of
the Property. It is expressly understood that the County may be applying to
VDOT for revenue sharing funds and that any monies paid may be utilized
by the County for that purpose. This monetary contribution shall be
provided to Frederick County at the time of building permit issuance for
each dwelling unit.
9.2 Within 90 days of receiving written request from Frederick County and
VDOT, the Applicant shall dedicate 80 feet of right of way in conformance
with the location depicted on the GDP from Point A to Point C for the future
relocation of Valley NO Road. The dedicated right of way width may increase
to up to 100 feet where necessary to accommodate turn lanes as determined by
VDOT. The alignment of the right of way dedication area shall be in
accordance with the planned alignment of future Valley Mill Road per the
Frederick County Eastern Road Plan. Prior to issuance of the 100 building
permit, the Applicant shall construct the southern two lanes of a U41)
roadway from Point A to Point B as depicted on the GDP.
9.3 The Applicant shall dedicate sufficient right of way and construct Eddys
Lane to VDOT requirements from the north Property boundary to the south
Property boundary as depicted on the GDP from Point A to Point D. Said
connection shall be made prior to issuance of the 50` building permit.
9.4 No building permits shall be issued for the Property until such time that the
Property has access to Route 7 via the future Haggerty Transportation
Network as identified on the GDP. In order to connect with the Haggerty
Transportation Network, the Applicant shall dedicate 80 feet of right of way
and construct the Southern two lanes of a U41) roadway to connect from the
extension of Eddys Lane to the Eastern Property Line as depicted on the
GDP. The right of way width may increase to up to 100 feet to
accommodate turn lanes as determined by VDOT. Additionally, no building
permits shall be issued for the Property until such time that the Haggerty
"Spine" Road has been completed to the Southern property line of the
adjacent Haggerty Property per Proffer 13.2 for RZ #04 -07, "Haggerty
Property" as approved by Frederick County on July 25, 2007. Additionally,
no building permits shall be issued for the Property until such time that the
following improvements are constructed at the intersection of Route 7 and
the Haggerty "Spine" Road: signalization, Westbound lanes — 1 left, 2 thru,
Eastbound lanes 1 right, 2 thru, Northbound lanes — 1 left, 1 right.
Page 5 of 8
i i
• 9.5 The Applicant shall provide a reserve area that is a maximum of 54 feet in
width for a potential future connection between the Property and the
adjacent Fieldstone Development to the West. It is expressly understood by
the Applicant that approved plans for the Fieldstone Development include
no provisions for an interparcel connector and use of the potential
interparcel connection area would be at the discretion of the owners of the
Fieldstone Development. Within 90 days of receiving written request from
Frederick County and VDOT, the Applicant shall dedicate said reservation
area in conformance with the location depicted on the GDP. (See 1 on
GDP)
10. HISTORIC RESOURCES:
10.1 The Applicant shall complete a survey documenting any historic structures
on the Property in general accordance with the guidelines established by the
Preliminary Information Form from the Department of Historic Resources.
Any documentation created as part of said survey shall be provided to
Frederick County Planning Staff and shall be completed prior to demolition
of any buildings located on the Property.
10.2 The Applicant shall provide a landscape screen along the Northern Property
boundary in the location identified as "Double Row of Evergreen Trees" on
the GDP. Said landscape screen shall consist of a landscape easement at
• least 10 feet in width utilizing a double row of evergreen trees that are a
minimum 4 feet in height at time of planting with a minimum 3 trees
provided per 10 linear feet. Said improvements shall be bonded or installed
prior to issuance of a certificate of occupancy for any dwellings within the
vicinity of the northern property boundary.
11. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS:
11.1 Any portion of the Property may hereafter be dedicated for public street
purposes (or otherwise conveyed to a public entity) and such portion so
dedicated shall, upon such dedication, be excluded from the terns and
conditions of these Proffers and the remainder of the Property shall continue
to be subject to the full force and effect of these proffers.
n
U
Page 6 of 8
® 12. ESCALATOR CLAUSE:
12.1 In the event the monetary contributions set forth in the Proffer Statement are
paid to the Board within 30 months of the approval of this rezoning, 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 of 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.
SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S)
CJ
Page 7 of 8
•
0
Respectfully submitted,
The Canyon, LC
•
r - I
L-A
By:
Title: anaQer
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
E ,
The foregoing instrument was acknowledged before me this Say
of $ yz , 2009, by AU Pd I Fd II; Aw.i
My commission expires: 2LZARy a$� a-0I
Notary Public f /
,C/ A t / l9 Id-Ylrn rn t7i
PC58! * ls17 gIY
Page 8 of 8
PROPOSED PROFFER STATEMENT
REZONING: RZ. #
Rural Areas (RA) to Residential Performance (RP)
PROPERTY: 70.15+/-
Tax Map Parcel 55 -A -210 (the "Property ")
RECORD OWNER: The Canyon, LC
APPLICANT: The Canyon, LC
PROJECT NAME: Opequon Crossing
ORIGINAL DATE
OF PROFFERS: April 10, 2007
REVISION DATE(S): 6/28/07; 8/27/07; 10/10/07; 6/16/08; 11/16/08; 12/5/08; 2/23/09;
9/24/09
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 or submitted, 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 the 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, Opequon Crossing" dated April 10, 2007 revised September 15, 2009 (the
"GDP "), and shall include the following:
Page 1 of 8
0
LAND USE
0
1.1 No more than 325 dwelling units shall be constructed on the property. A
maximum of 170 of the residential dwelling units constructed on the
Property may be single family attached dwelling units. Multi- family
dwelling units shall be prohibited.
1.2 The project shall be constructed in substantial conformance with the
Generalized Development Plan provided that minor modifications are
permitted during the Master Development Plan and final engineering
process.
2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN
APPROVALS. i
2.1 Construction of the 325 residential dwelling units shall be phased over a
three -year period commencing with the date of final rezoning (DFR). The
Applicant shall not make application for more than 109 building permits for
residential dwelling units for each 12 month period following the DFR.
2.3 The above referenced phasing limitations shall be cumulative.
Notwithstanding anything to the contrary contained in these Proffers, should
market conditions dictate a slower pace of construction of the residential
dwelling units on the Property, the time schedule for total build out of the
Property may exceed three years.
3. PARKS AND RECREATION:
3.1 ` , ""The Applicant shall design and build a recreation building in the aria
designated on the GDP. Said recreation building shall be constructed prior
to issuance of the 150' building permit and shall count towards and comply
t with the recreation unit requirement for the Property as specified by Section
j 165 -64 of the Frederick County Code. Other recreation amenities shall be
fi \ further defined at time of Master Devel Plan. r
3.2 TFie Applicant shall contribute to the County the sum of $1,970 per single -
family detached unit for parks and recreation purposes, payable upon the
issuance of a building permit for each single family detached unit.
3.3 The Applicant shall contribute to the County the sum of $1,507 per single
family attached unit for parks and recreation purposes, payable upon the
issuance of a building permit for each single family attached unit.
3.4 The recreation building shall be owned and maintained by the homeowners
association ("BOA") for the Property.
I
Page 2 of 8
3.5 Use of the recreation building shall be made available to the residents of the
adjacent Haggerty Property Subdivision provided the residents contribute on
a pro rata basis toward operation and maintenance of the facility.
3.6 A trail system utilizing a 10' wide asphalt surface constructed to VDOT
standards shall be incorporated into the design of the Property and shall be
depicted on the Master Development Plan. Said trail system shall be
provided, at minimum, along the proposed East -West Collector Road
provided per Proffer 9.2 as well as the extension of Eddys Lane to connect
with the adjacent Twin Lakes development to the South and shall be
installed concurrent with construction of those roadways.
FIRE & RESCUE:
4.1 The Applicant shall contribute to the County the sum of $713 per single
family detached 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 County the sum of $529 per single
family attached dwelling unit for fire and rescue purposes, payable upon the
issuance of a building permit for each single family attached unit.
5. SCHOOL CONSTRUCTION:
5.1 The Applicant shall contribute to the County the sum of $18,494 per single
family detached dwelling unit for school purposes, payable upon the
issuance of a building permit for each single family detached unit.
5.2 The Applicant shall contribute to the County the sum of $13,033 per single
family attached dwelling unit for school purposes, payable upon the
issuance of a building permit for each single family attached unit.
6.1 The Applicant shall contribute to the County the sum of $487 per single
family detached dwelling unit for library purposes, payable upon the
issuance of a building permit for each single family detached unit.
6.2 The Applicant shall contribute to the County the sum of $372 per single
family attached dwelling unit for library purposes, payable upon the
issuance of a building permit for each single family attached unit.
Page 3 of 8
0
7. CREATION OF HOMEOWNERS' ASSOCIATION:
7.1 The residential development shall be made subject to an HOA that shall be
responsible for the ownership, maintenance and repair of all common areas,
including but not limited to the recreation building, excluding any
conservation areas that may be established in accordance herewith which are
specifically dedicated to Frederick County (the "County ") or others. For
each area subject to their jurisdiction, the HOA shall be granted such
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, the
HOA shall have title to and responsibility for (i) all common open areas not
otherwise dedicated to public use including stormwater management
facilities, (ii) common buffer areas located outside of residential lots; (iii)
establishing and managing a common solid waste disposal program; (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.
7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon
Crossing Homeowner's Association ( OCHOA) that will include an initial
lump sum payment of $2,500.00 by the Applicant prior to the initial closing
for any platted lot purchased and an additional payment of $100.00 by the
homeowners at the initial closing for each platted lot purchased within the
Opequon Crossing community. Language will be incorporated into the
OCHOA Declaration of Restrictive Covenant Document and Deed of
Dedication that ensures the availability of these funds to the OCHOA prior
to the transfer of ownership and maintenance responsibility from the
applicants to the OCHOA. The start-up funds for the OCHOA shall be
made available for the purpose of maintenance of all improvements within
the common open space areas, liability insurance, street light assessments,
and property management and/or legal fees.
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 ( "the FCSA ").
Page 4 of 8
A •
9. TRANSPORTATION:
9.1 The Applicant hereby proffers $1000.00 per single family attached dwelling
unit and $2000.00 per single family detached dwelling unit in monetary
contributions that are to be utilized for design and construction of road
improvements to alleviate transportation problems in the general vicinity of
the Property. It is expressly understood that the County may be applying to
VDOT for revenue sharing funds and that any monies paid may be utilized
by the County for that purpose. This monetary contribution shall be
provided to Frederick County at the time of building permit issuance for
each dwelling unit.
9.2 Within 90 days of receiving written request from Frederick County and
VDOT, the Applicant shall dedicate 80 feet of right of way in conformance
with the location depicted on the GDP from Point A to Point C for the future
relocation of Valley Mill Road. The dedicated right of way width may increase
to up to 100 feet where necessary to accommodate turn lanes as determined by
VDOT. The alignment of the right of way dedication area shall be in
accordance with the planned alignment of future Valley Mill Road per the
Frederick County Eastern Road Plan. Prior to issuance of the 100` building
permit, the Applicant shall construct the southern two lanes of a U41)
roadway from Point A to Point B as depicted on the GDP.
9.3 The Applicant shall dedicate sufficient right of way and construct Eddys
Lane to VDOT requirements from the north Property boundary to the south
Property boundary as depicted on the GDP from Point A to Point D. Said
connection shall be made prior to issuance of the 50` building permit.
9.4 No building permits shall be issued for the Property until such time that the
Property has access to Route 7 via the future Haggerty Transportation
Network as identified on the GDP. In order to connect with the Haggerty
Transportation Network, the Applicant shall dedicate 80 feet of right of way
and construct the Southern two lanes of a U41) roadway to connect from the
extension of Eddys Lane to the Eastern Property Line as depicted on the
GDP. The right of way width may increase to up to 100 feet to
accommodate turn lanes as determined by VDOT. Additionally, no building
permits shall be issued for the Property until such time that the Haggerty
"Spine" Road has been completed to the Southern property line of the
adjacent Haggerty Property per Proffer 13.2 for RZ #04 -07, "Haggerty
Property" as approved by Frederick County on July 25, 2007. Additionally,
no building permits shall be issued for the Property until such time that the
following improvements are constructed at the intersection of Route 7 and
the Haggerty "Spine" Road: signalization, Westbound lanes — 1 left, 2 thru,
Eastbound lanes 1 right, 2 thru, Northbound lanes — 1 left, 1 right.
Page 5 of 8
9.5 The Applicant shall provide a reserve area that is a maximum of 54 feet in
width for a potential future connection between the Property and the
adjacent Fieldstone Development to the West. It is expressly understood by
the Applicant that approved plans for the Fieldstone Development include
no provisions for an interparcel connector and use of the potential
interparcel connection area would be at the discretion of the owners of the
Fieldstone Development. Within 90 days of receiving written request from
Frederick County and VDOT, the Applicant shall dedicate said reservation
area in conformance with the location depicted on the GDP. (See 1 on
GDP)
10. HISTORIC RESOURCES:
10.1 The Applicant shall complete a survey documenting any historic structures
on the Property in general accordance with the guidelines established by the
Preliminary Information Form from the Department of Historic Resources.
Any documentation created as part of said survey shall be provided to
Frederick County Planning Staff and shall be completed prior to demolition
of any buildings located on the Property.
10.2 The Applicant shall provide a landscape screen along the Northern Property
boundary in the location identified as "Double Row of Evergreen Trees" on
the GDP. Said landscape screen shall consist of a landscape easement at
least 10 feet in width utilizing a double row of evergreen trees that are a
minimum 4 feet in height at time of planting with a minimum 3 trees
provided per 10 linear feet. Said improvements shall be bonded or installed
prior to issuance of a certificate of occupancy for any dwellings within the
vicinity of the northern property boundary.
11. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS:
11.1 Any portion of the Property may hereafter be dedicated for public street
purposes (or otherwise conveyed to a public entity) and such portion so
dedicated shall, upon such dedication, be excluded from the terms and
conditions of these Proffers and the remainder of the Property shall continue
to be subject to the full force and effect of these proffers.
Page 6 of 8
12. ESCALATOR CLAUSE:
12.1 In the event the monetary contributions set forth in the Proffer Statement are
paid to the Board within 30 months of the approval of this rezoning, 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 of 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.
SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S)
Page 7 of 8
0
Respectfully submitted,
The Canyon, LC
By:
Title: anager
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
0
The foregoing instrument was acknowledged before me this - `/Aay
of 5 -2 , 2009, by n Jq J .I 1 I a I dw.i
My commission expires: rc- `�i2�J�✓tva��Ul
J�
Notary Public : „2�
�c1i�E l R - kF -I4rn rn t7L
j2c73 9- /S7
Page 8 of 8
I