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Home My WebLink About12-07 Comments (2)Patton Harri Rust & Associates Engineers. Surveyors. Planners. Landscape Archlrees. 19 November 2009 Mr. Michael Ruddy, AICP Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Opequon Crossing Rezoning Application; Final Revision to 11/18/09 Proffer Statement PuR+A Dear Mike, In accordance with the commitment made at the public hearing for the Opequon c °R'°RArE: Crossing Rezoning Application, please find attached revised sheets 2 and 3 for the thanally 11/18/09 Opequon Crossing Proffer Statement. The lone change was the addition of VIRGINIA OEErcES- the final sentence to proffer 2.1 which states the following: chontilly chadouesvllle Additionally, the Ap shall not make a licatzon or a buildin p ermil or an y dwellin Fredericksburg '� pp � f Harrisonburg uun located on the Properly jar a rninimivni of 3 years fallowing the da of te final me oning Leesburg `)F R ) . Newport News Norfolk This addition to the proffer acts as a sunrise clause to ensure that no dwelling units Wiucheslei can commence construction of the site for at least 3 years. If you have any questions Woodbedge or would like to discuss further, please feel free to call me at (540) 667 -2139. LALORATORIES, choniill Sincerely, Frederlaksburg PATTON HARRIS RUST & ASSOCIATES MARYLAND OrecES: Baltimore ,�. Columbia ,�� - ede Patrick R. Sowers, AICP Germantown Hollywood Enclosure Hunt Valley Williamsport PENNSYLVANIA OrncEa Allentown T 540.667.2139 F 540 665 0493 117 East Piccadilly Street Suite 200 Winchesler, VA 22601 .. ' NOV 1 9 2009 a ' 0 1. 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. 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 ibuilding 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 i 0 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. 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 Patton Harri•ust & Associates • Engineers. Surveyors_ Planners_ Landscape Archnecis. f, 18 November 2009 i NOV 1 8 2009 ! L I Mr. Michael Ruddy, AICP j Frederick County — Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 P CORPORATE Chantilly VIRGINIA OFFICES- channlly Charlottesville F red eI icksb urg Harrisonburg Leesburg Newport News Norfolk Wlnches[er Woodbridge LABORATORIES. Chantilly Fredericksburg MARYLAND OFFICES. Mki pore Columbia Frederick Germau:a,u HoI lywood Hun[ Valley Wilharnspoo PENNSMANIA OFFICE Allentown T 540 667 2139 F 540.665.0493 1 17 East Piccadilly Street Suite 200 Winches;., VA 22601 RE: Opequon Crossing Rezoning Application; Revised Final Proffer Statement — 11/18/09 Dear Mike, Please find attached an executed version of a revised final proffer statement dated November 18, 2009 for the Opequon Crossing rezoning application. We have revised Proffer 9.1 to increase the monetary proffer for off -site transportation improvements to $3,000 per single family attached dwelling unit and $5,000 per single family detached dwelling unit. This proffer revision provides for a monetary contribution of up to $1,285,000 which could be applied to any transportation improvement within Frederick County. The lone additional change to the proffer statement is clarification of Proffer 3.1 for the Recreation Center improvements. The revised Proffer Statement explicitly states that the recreation center will be an enclosed clubhouse with a finished floor area of 3,000 square feet and also that the minimum area of 3,500 square feet for swinuning pools applies to the water surface area. We hope that you find these proffer changes acceptable and we look forward to presenting this final revised Proffer Statement to the Board of Supervisors at the public hearing scheduled for this evening. If you have any questions or would like to discuss further, please feel free to call me at (540) 667 -2139. Sincerely, PATTON HARRIS RUST && ASSOCIATES ILI Patrick R. Sowers, AICP Enclosure 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 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. 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 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 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 0 Patton Harris Rust & Associates Engineers. Surveyors. Planners, Landscape Architects. 117 East Piccadilly Street TR 1 Winchester, Virginia 22601 P 1 j H l 1 T 540.667.2139 F .Fnn IMF neo..t To: Organ izati onlC om pa ny: From: Memorandum Mike Ruddy, AICP Frederick Coun Plannino Patrick Sowers, AICP Date: November 16, 2009 - Project -- - - - Name/Subject: Opequon Crossing PHR +A Project file Number: cc: - Please find attached revised sheet 2 of the Opequon Crossing Proffer Statement dated November 9, 2009. To clarify the intent of the community swimming pools proffer, we have revised Proffer 3.1 to state that the minimum 3,500 square foot area applies to "water surface area ". If you have any questions, please feel free to call me at (540) 667 -2139. 0 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 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 he 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. 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 Patton Harris Rust & Associates Memorandum Engineers. Surveyors. Planners. Landscape Architects. 117 East �uRA 540.665.04 1 giniat22601 PH l To: Mike Ruddy, AICP Organization /Company: Frederick County Plannin From: Patrick Sowers, AICP Date: November 13, 2009 Project Name /Subject: Opequon Crossing PHR +A Project file Number: 13079 -3 -0 cc: Please find attached revised sheet 2 of the November 9, 2009 Opequon Crossing proffer statement. Proffer 3.1 has been revised to clarify that the community center is intended to be an enclosed clubhouse and that the minimum size of 3,000 square feet is for "finished floor area ". Feel free to call me with any questions. i f z i NOV 1 3 2009 l i I 1. 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. 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 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 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 i Patton Harris Rust d Associates - Engineers- Surveyors. Planners. landscape Architects. NOV 9 2009 9 November 2009 Mr. Michael Ruddy, AICP Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Opequon Crossing Rezoning Application; Revised Proffer Statement — 11/9/09 PWA 1 1 Dear Mike, Please find attached an executed version of a revised proffer statement dated CORPORATE I November 9, 2009 for the Opequon Crossing rezoning application. The revisions are chaEYllly in keeping with the modifications we discussed when we met on November 6 and are VIRGINIA OPICES- as follows: Chaatllly chad Otte svlue 1. Proffer 2.1 has been revised to trigger the minimum 3 year phasing plan upon F reder l c ksburg the approval date of the Final Master Development Plan. Previously, the date Harr Iscnburg of final rezoning was used as the trigger mechanism. •; leesburg ve „-par, ews 2. Proffer 3.1 has been revised to require the recreation building and Noilolk neighborhood swimming pools to be constructed prior to issuance of the 50t wwchester building permit (previously proffered at 150 building permits). The proffer woodbrlcae now also specifies a minim square footage for the recreation center (3,000 tAeoRA.oRIEs square feet minimum) and community pools area (3,500 square feet minimum) Chantilly to ensure these facilities are adequately sized for the development. F'eder,c'<sbure 3. Proffer 3.6 has been revised to include an additional area to the proposed trail MARYLAND OFFICES. system which is now depicted on the GDP. The additional trail area will Bahimore connect to the western property boundary and run along the south side of the Colombia internal collector road. This will provide the opportunity for a more integrated Fied.,,,k trail system in the future. Additionally, a provision has been added to require Germantown public access easements for the trail system to permit access by the general Hollvwooa public. Hnni valley nularnspor, 4. Proffer 9.2 has been revised to allow for a right of way dedication for the East - West Collector Road of up to 120 feet (previously proffered at 100 feet). The PENNSYLVANIA OFFICE '. additional right of way ensures that turn lanes and /or pedestrian systems will Allentown be accommodated. The right of way width is also proffered to be detemnined T sao 667.2139 by Frederick County and VDOT. F 540 665 -0493 5. Proffer 9.5 has been revised to provide for a right of way reserve area that is I e °s' PI`c °dill scree' up to 56 feet in width (previously proffered at 54 feet). This right of way sane zoo public width was increased to match the width of the ublic road planned to cul- wIncheste VA 22601 de -sac within the adjoining Fieldstone Property to the west to ensure • continuity in the road network should the roadwaysystems ever be connected. 6. The GDP has been revised to indicate the areas for the hiker /biker trail as provided by Proffer 3.6. The revised GDP also shifts the alignment of the right of way reserve area for the western interparcel connector provided by Proffer 9.5. This right of way reserve area was realigned to allow for a through movement through the internal collector roadway should a connection ever be made to the property to the west. To aid in your review of the revised proffer statement, I have also attached a redlined version which highlights the changes. If you have any questions or would like to +/� discuss further, please feel free to call me at (540) 667 -2139. P l + A Sincerely, H PATTON HARRIS RUST & ASSOCIATES z Patrick R. Sowers, AICP Enclosure 0 11 • Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 1] 7 East PHRA T Wi Virg ill 22601 F 540.665.0493 To: Mike Ruddv. AICP Organization /Company: Frederick County Planning and Development From: Patrick Sowers Date: October 12, 2007 Project NamelSubject: Opequon Crossing Rezoning Application Please find attached the completed rezoning application materials for the Opequon Crossing Rezoning application including all required agency comments. I have also provided the application fee in the amount of $10,065.00. Feel free to call if you have any questions. Thanks. PRS j` 2001 1 2 :_..,' ! ;,� 1j 1 OCT � l i OCT 1 6 2007 i.. _ , _r V