W. ROBERT GAINES, TRUSTEE
August 20, 2003
Revised January 7, 2004
This proffer statement is submitted pursuant to the authority of the Code of Virginia and the Fauquier County Zoning Ordinance (“Ordinance”) by the Owner and the Applicant of the area of real property containing approximately 62.89 acres (PIN #7916-22-4949-000 and PIN #7916-12-8941-000), Scott Magisterial District, Fauquier County, Virginia which is described and referenced in the referenced rezoning application and materials filed with Fauquier County. Further, the Owner and the Applicant, their successors and assigns hereby proffer that in the event that the Board of Supervisors of Fauquier County (“Board”) approves the subject application to rezone the Property (PIN #7916-22-4949-000) which encompasses approximately 31.47 acres and PIN # 7916-12-8941-000 which encompasses approximately 31.42 acres (together the “Property”) from the C-1 District and R-1 District to the R-4 District and C-1 District. The development of the Property will be in accord with the regulations of the R-4 District and C-1 District and the proffers contained herein.
In the event the above referenced rezoning is not granted as applied for by the applicant (“Applicant”), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with “final rezoning” defined as that rezoning which is in effect on the day following the last day upon which the Fauquier County Board of Supervisors (the “Board”) decision granting the rezoning may be 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. If this application is denied by the Board, but in the event an appeal is for any reason thereafter remanded to the Board for reconsideration by a court of competent jurisdiction, then these proffers shall be deemed withdrawn unless the Applicant shall affirmatively readopt all or any portion hereof, in writing specifically for that purpose. The heading 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 use in these proffers, the “Concept Development Plan” shall refer to the plan entitled “Concept Development Plan,” prepared by Greenhorne & O’Mara, Inc. dated July 30, 2002 and as revised to October 31, 2003 (the “GDP”).
1. The proposed residential development shall be in substantial conformance with the Concept Development Plan (“CDP”), provided that the Applicant may make minor modifications as required during final engineering to address existing and future utility locations, transportation improvements, open space access and uses and stormwater management requirements, and similar requirements applicable on such final engineering.
2. The proposed residential development shall not exceed 168 residential units. The 168 residential units shall be a combination of Single-Family Detached Units (±69 SFD), Single-Family Attached Units (±79 SFA) and Apartments (±20 Apts.). The actual number of SFD, SFA and Apts. may vary by as many as 10 units; however, the total number of residential units shall not exceed 168 units. The over-all density of the subject development shall be 2.55 du/ac. Such density shall be calculated on the basis of the gross acreage of the subject property, together with the adjacent Cosner properties. The latter shall be dedicated for the proposed New Baltimore Fire and Rescue site upon written request of the County.
3. The fifteen conventional single-family lots proposed on the east side of Riley Road shall have an average lot size of not less than 30,000 square feet.
4. The remaining 9.14 acres currently zoned C-1, shall be developed with a combination of commercial uses and not more than 20 residential apartment units. The referenced apartment units shall be located over the commercial uses, shall be limited to one and one-half stories and shall be restricted to no more than two bedrooms. Further, the apartment units shall be permitted to share parking with the commercial uses and are hereby authorized zoning waivers as may be required in order to permit the design and construction of said units as generally depicted on the Concept Development Plan. In addition, the following commercial uses shall be prohibited on the subject property:
a. Auto repair garage
b. Car wash
c. Motor vehicle impoundment yard
d. Automobile sales or rental facility
e. Broadcasting studio
f. Recreational vehicle storage area
g. Kennel/animal shelter
h. Funeral home
i. Recycling center
j. Indoor theatre
k. Bowling alley
PUBLIC SERVICES CONTRIBUTION
1. The Applicant shall make a cash payment of $11,890. 00 per single family detached and attached dwelling unit at the time of issuance of the building permit for each residential unit after the 30th residential unit building permit shall have been issued. This contribution shall exceed $1,400,000.00. (See Item #1 of the attached Public Facility Proffer Table, dated January 7, 2004.)
1. The proposed R-4 community will provide not less than 15% open space for that portion of the community developed as a “conventional layout,” and not less than 50% open space for that portion developed as a “cluster layout”. Open space areas shall include all common areas, properties conveyed for the proposed New Baltimore Fire and Rescue Facility (both on-site and off-site), any excess right-of-way that may be vacated by the Virginia Department of Transportation along the subject property’s frontage on Riley Road, area utilized by the Fauquier County Water and Sanitation Authority for the New Baltimore Sanitary Sewer Pump Station and related appurtenances and any property owned by the Fauquier County School Division and used in connection with C. Hunter Ritchie School that may be vacated by the School Board.
2. At the time of recordation of the subdivision/site plans for the Property the Applicant shall convey all open space areas to a homeowners’ association created for ownership and maintenance of common areas; except for those areas previously identified herein to be dedicated to Fauquier County, VDOT or WSA.
1. The Applicant shall protect the 100-year floodplain (as determined by the G&O Floodplain Study and finally approved by FEMA) and said area shall not be disturbed except for the installation of trails and utility lines. No residential structures shall be located within the 100-year floodplain as modified and approved by FEMA.
2. The Applicant shall not disturb the existing VDOT wetland bank. In addition, Applicant shall provide vehicle access to said wetland bank and install a fence with a lockable gate as jointly approved by VDOT and the Applicant.
3. The Applicant shall provide a SWM/BMP facility outside the G&O designated 100-year floodplain, as the location of that floodplain may be modified and approved by FEMA, and shall further accommodate the off-site runoff currently being provided on-site by an existing VDOT SWM facility.
ARCHITECTURAL ELEVATIONS AND LANDSCAPING
1. Development of the Property shall be in substantial conformance with the building elevations and typical landscaping concepts as depicted on the Concept Development Plan and in the Bishops Run information booklet dated August 20, 2003.
2. If approved by VDOT, a 25-foot landscape buffer shall be provided in the existing Riley Road right-of-way between the proposed townhomes and Riley Road.
1. The Applicant shall provide a 5-foot sidewalk or a 6-foot asphalt trail within the VDOT right-of-way along the Property’s “development” frontage (both sides) of Riley Road (within areas outside the 100-year floodplain). The specific pedestrian facility will be determined at the time of Final Site/Subdivision Plan design. If approved by VDOT without requirement for any changes to the existing conditions at the time of approval of this rezoning, or the grade or profile of Riley Road, Applicant shall provide a 4-foot asphalt trail along the existing shoulder of the northbound side of Riley Road.
2. The Applicant shall provide an active recreational play area for the proposed residential community.
1. The Applicant will coordinate with VDOT in the design and construction of right-turn and left-turn lanes at the Property’s entrances onto Riley Road. The Applicant shall provide landscaping consistent with VDOT standards within the median at said entrance.
2. The Applicant will coordinate with Fauquier County and VDOT to design and construct aesthetic enhancement and pedestrian facilities along Riley Road as may be approved by VDOT.
Such measures may include, but not be limited to, tree plantings/landscaping, “stamp pavers”, signage and other intermodal transportation features.
3. Prior to the issuance of the 31st building permit for any use on the property the Applicant shall contribute the sum of $25, 000 to Fauquier County for the installation of future a traffic signal at Route 676 and Route 29 intersection. (See Item #9 of the attached Public Facility Proffer Table, dated January 7, 2004.)
4. Prior to the issuance of the 31st building permit for any use on the subject property, the Applicant shall contribute the sum of $25,000 to Fauquier County for future improvement(s) to the Route 676/Route 600 intersection, or for upgrading Riley Road between Route 29 and Route 600 or the intersection of Riley Road and Route 29, as Fauquier County may determine. (See Item #8 of the attached Public Facility Proffer Table, dated January 7, 2004.)
5. The Applicant will, at the time of final site plan/construction plan approval, provide a 50-foot public ingress/egress easement from one of its proposed public streets on the CDP to the adjacent property to the west.
NEW BALTIMORE FIRE & RESCUE
1. Within 30 days following approval of the first final site/construction plan
for the Property, the Applicant shall dedicate approximately 3.2 acres as depicted on the CDP, to the County’s Department of Fire & Emergency Services for a new New Baltimore Fire & Rescue facility. Further, at such time, Applicant shall also dedicate to the Department two adjacent parcels that it has contracted to purchase for the purpose, identified as parcels 7916-14-9633-000 and 7916-14-9773-000, which encompass an additional 2.3 acres, for a total dedication of approximately 5.5 acres. Said property may also be utilized by the County as a waste transfer/recycle center. . This contribution shall exceed $560,000.00. (See Items #2 & 3 of the attached Public Facility Proffer Table, dated January 7, 2004.)
2. Prior to the issuance of the 31st building permit for a use on the Property, the Applicant shall, at its cost, provide a six-inch water line and fire hydrant in accordance with Fauquier County Water and Sanitation Authority (“WSA”) standards, to the Applicant’s common property line with parcel 7916-14-9633-000, in order to provide public water service for the referenced New Baltimore Fire & Rescue facility. This contribution shall be approximately $35,000.00. (See Item #4 of the attached Public Facility Proffer Table, dated January 7, 2004.)
3. Prior to the issuance of the 31st building permit for a use on the property, the Applicant shall, at its cost, provide an eight-inch sanitary sewer line, in accordance with WSA standards, to the Applicant’s common property line with parcel 7916-14-9633-000 in order to provide public sewer service for the referenced New Baltimore Fire & Rescue facility. This contribution shall be approximately $45,000.00. (See Item #6 of the attached Public Facility Proffer Table, dated January 7, 2004.)
4. Prior to the issuance of the 31st building permit for any use on the project, the Applicant shall clear and rough grade a two-acre pad site for the construction of the New Baltimore Fire and Rescue Station proffered. . This contribution shall be approximately $25,000.00. (See Item #5 of the attached Public Facility Proffer Table, dated January 7, 2004.)
FAUQUIER COUNTY WATER AND SANITATION AUTHORITY
1. Prior to the issuance of the first building permit for any use on the property, and in cooperation with the WSA and the School Board, the Applicant shall design and construct, in conformance with the WSA’s Utility Standards and all other applicable laws and regulations, a 12-inch potable water main from the current terminus of the WSA’s water system on Shepardstown Road to the intersection of Broad Run Church Road and Riley Road. This proffer shall be contingent upon the Applicant receiving all of the necessary off-site easements (including temporary construction easements) from the WSA or any applicable property owner, at no charge to the Applicant. This contribution shall be approximately $125,000.00. (See Item #4 of the attached Public Facility Proffer Table, dated January 7, 2004.)
1. Final build-out of the Property will not occur in less than four (4) years from date of rezoning approval.
SIGNATURES APPEAR ON FOLLOWING PAGES.
W. Robert Gaines, Trustee Date
Angler Development, LLC Date
Steve Vento, Vice President