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PLANNING SCHOOLS ENVIRONMENT EROSION
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Contracts of City of Charles Town with Huntfield and Norborne Glebe
Arcadia / Norborne Glebe Proffers
These "proffers" are legally binding contracts between the City of Charles Town and the developers. They were negotiated at the beginning of 2002, and are in the minutes of the City Council for Jan 7, 2002. Some paragraphs were amended at the last minute, and this amended wording is in purple below. Among other things, the contracts oblige the developer to pay their full share of "capital improvements and operating costs brought about by the development." These costs are to be reviewed and adjusted 6 months and triennially after annexation was recorded (which the County Clerk says happened Jan 10, 2002).
HUNTFIELD, L C
EXHIBIT 1
LIST OF PROFFERS
EDUCATION - Huntfield, L. C., proffers to dedicate up to 75 acres of improved land to the Jefferson County Board of Education. Such improvements to include paved access road, utilities (water and sewer), rough grading and storm water management facilities (as part of a central storm water management facility). The value of the land so dedicated shall offset or be credited against any per unit impact fee, charge or exaction, which may be hereafter imposed.
TRANSPORTATION - Huntfield, L. C., will maintain its commitment to participate with the West Virginia Division of Highways and other developments to pay for Huntfield's pro rata share of required road improvements directly attributable in part to Huntfield.
HISTORY - Huntfield, L. C., proffers to provide any historic or archeologic reports and studies, as required by the State Historic Preservation Office, Division of Culture and History.
SOILS - Huntfield L. C., proffers to its continued participation in the Voluntary Remediation Program under the oversight of the West Virginia Department of Environmental Protection.
OVERALL PLANNING -
1) Huntfield, L. C., proffers to actively participate with the City and adjacent landowners in the comprehensive planning. preservation, and development of' the Old Route 340 corridor between Huntfield's boundaries and Evitt's Run. Huntfield, L. C. shall within twelve (12) months of the recordation and annexation, produce a design study that, (1) identifies what portions of land could be preserved at Charles Town's southern entrance along Old Route 340 in order to preserve scenic values, (2) identifies potential development design standards for the corridor that could help maintain the scenic character of the area, and (3) recommends action that could be undertaken by Huntfield LC, private landowners, or public bodies to implement such plan for preservation and/or design standards.
2) Huntfield, L. C., proffers to construct an 8' hiker/biker trail along Old route 340 between Huntfield's boundaries and Evitt's Run within twelve (12) months of the presentation of the overall transportation plan in Item 4 or within 30 months of annexation.
3) Huntfield, L. C., proffers to approach Pan Tran to provide bus service between Huntfield, downtown Charles Town, and any other major Charles Town developments. Huntfield LC shall further present development sites plans which incorporate shuttle stops and other appropriate shuttle infrastructure in the Huntfield project and downtown Charles Town.
4) Huntfield LC shall, within 18 months of the recordation of annexation, produce a transportation study/plan which indicates how the development of road improvements, a hiker/biker trail, shuttle routes, a potential commuter train station, and other transportation improvements could minimize the impacts of additional vehicle traffic attributable to the Huntfield project, in the Charles Town area. Huntfield, LC shall coordinate this transportation study/plan with any imposed or required transportation study/plans of Arcadia Development Corporation with respect to the Norborne Glebe project.
5) Huntfield LC agrees to share equally the cost of a review/study of the Fiscal Impact Study prepared by Dr Steven Fuller and Dean Bellas within six (6) months of annexation. This review/study shall be prepared by a consultant of the City of Charles Town's choosing. Huntfield LC further agrees to a triannual independent review/study of the fiscal Impact Study prepared by Dr Steven Fuller and Dean Bellas. The cost of the independent review is to be borne equally by the City and Huntfield LC. The per unit proffer shall be subject to adjustment at the conclusion of each review and shall be consistent with the findings and conclusions of the review/study. Huntfield LC shall have the right of third party review of the six month study and the triannual study. Should the City and Huntfield LC not agree on the adjustment of the proffered fee, then both parties agree to submit to binding arbitration by the American Arbitration Association in order to determine the amount of the adjustment.
OTHER CONTRIBUTIONS - To offset its proportionate share of capital improvements and operating costs brought about by the development of Huntfield, Huntfield, L. C., proffers to pay the City of the sum of $700 per dwelling unit (and $700 for every 5,000 square feet of finished commercial space). For each such $700 (or adjusted figure) per dwelling unit payment, 15% thereof shall be attributable to municipal facilities, 15% thereof shall be attributable to parks and recreation, and 70% thereof shall be attributable to education. This payment shall be due and payable upon the issuance of a building permit(s) for such dwelling unit or commercial space. This amount(s) may be offset or credited by in kind contributions made by Huntfield, L. C., as herein provided, including, but not limited to, the value of the improved land mentioned under EDUCATION herein. The per unit proffer made herein shall be subject to adjustment every three years and shall be consistent with the findings and conclusions reached in a fiscal impact study to be performed every three years for this purpose, the cost of which study to be equally borne by Huntfield, L. C., and the City.
Huntfield, L. C. proffers to dedicate to the City up to 10 acres of improved (utilities and hard surface road frontage) but vacant land, for the use and benefit of the City for the purpose of constructing, operating and maintaining municipal facilities. At any time after the first 10 years of the continuing development of Huntfield, in the event the City chooses to construct municipal facilities upon said 10 acres parcel, Huntfield, L. C., proffers to accelerate the payment of the balance of the portion of the payments due from Huntfield, L. C., to the City under OTHER CONTRIBUTIONS, hereof, and attributable to municipal facilities. The proceeds from such accelerated payment of the balance as hereinabove described may only be used to construct the municipal facilities upon the 10 acre parcel dedicated by Huntfield, L. C. for that purpose.
CONDITIONS OF DEVELOPMENT OF PHASE 1 - the foregoing proffers are conditioned upon the following:
Current plans being processed in the County will be administered under the NR Zoning Ordinance, and accepted as currently designed, by the City with the following conditions:
I) Minimum lot width shall be reduced to 50 feet at the street
2) Minimum lot area shall be reduced to 5,000 square feet
3) Front yard setback shall be 25 feet from the edge of pavement
4) Encroachment within the front yard setback shall be no more than 30% or 8.34 feel
5) Side yard setbacks shall be reduced to 5 feet minimum
6) No setback from the property line for accessory structures shall be required
7) Minimum paving width shall be 24 feet
CONDITIONS OF OVERALL DEVELOPMENT
I) Minimum zoning yield - Approved under the zoning shall be 3,200 residential units of single family detached, single family attached, and multifamily, and 200,000 to 1,000,000 square feet of commercial, retail, and office development Within five (5) years of the recordation of annexation. Huntfield LC shall produce a market study identifying the potential to increase the total square footage of commercial, retail and office space beyond the required minimum of 200,000 square feet. In order to achieve the desired maximum commercial development of 1,000,000 square feet, the City acknowledged that Floor Area Ratios (FAR's) of greater than 1 or building heights of 75 feet. [following words not specifically omitted, but probably intended to be dropped:] square feet of commercial, retail and office space.
2) Phasing of development or building permits - No phasing of development or building permits will be imposed. (Subject to availability of adequate infrastructure facilities.
ARCADIA DEVELOPMENT CORPORATION
EXHIBIT 1
LIST OF PROFFERS
DEDICATION OF LAND - Arcadia Development Corporation proffers to dedicate up to 66 acres of unimproved land to the City for the purpose of creating and maintaining either a park, library, or a site for a public school (or any combination(s) thereof). The deed of dedication may contain a reverter clause assuring the uses for the dedicated land The deed of dedication will also provide for a prohibition against floodlights and ball fields. The cost of operation and maintenance of the dedicated land is to be borne by the City. Arcadia Development Corporation will present a plan for the utilization of the dedicated land, which may include site preparation for structures, nature trails, fencing, landscaping, signage, and facilities for public access and parking. This plan will be submitted within eighteen (18) months after the recordation of an unappealable order of annexation. Arcadia Development Corporation proffers to install and/or construct a nature trail within the dedicated land within twelve (12) months of the approval of the aforesaid plan.
OTHER CONTRIBUTIONS - To offset its proportionate share of capital improvements and operating costs brought about by the development of Norborne Glebe Development, Arcadia Development Corporation, proffers to pay the City the sum of $500 per dwelling unit. This payment shall be due and payable upon the issuance of a building permit(s) for such dwelling unit. The per unit proffer made herein shall he subject to adjustment every three years and shall be consistent with .the findings and conclusions reached in a fiscal impact study to be performed every three years for this purpose, the cost of which study to be equally borne by Arcadia Development Corporation and the City. Should the City deem it necessary, Arcadia Development Corporation agrees to share equally the cost of a review/study of the potential fiscal impacts of the development of Norborne Glebe by a consultant chosen by the City of Charles Town, to be conducted with six (6) months of the recordation of an unappealable order of annexation. The per unit proffer made herein shall be subject to adjustment at the conclusion of the six (6) month review, and every three (3) years thereafter, and shall be consistent with the findings and conclusions reached in a fiscal impact study to be performed by a consultant of the City's choosing, the cost of which study is to be equally borne by Arcadia Development Corporation and the City. Arcadia Development Corporation shall have the right of third party review of the six month study and the tri-annual study. Should the City and Arcadia Development Corporation not agree on the adjustment of the proferred fee, then both parties agree to submit to binding arbitration by the American Arbitration Association in order to determine the amount of the adjustment.
TRANSPORTATION - Arcadia Development Corporation will agree to participate in additional dialogue with the WV Division of Highways and other residential developments with respect to traffic studies, the purpose of which would be to formulate an overall transportation plan, which would describe how the impact of projected traffic can be minimized through the establishment of walking trails, biking trails, shuttle operations, and necessary road improvements. Arcadia Development Corporation shall, within eighteen (18) months of recordation of an unappealable order of annexation, produce a transportation study and plan which indicates how the development of road improvements, a hiker/biker trail, shuttle routes, and other transportation improvements could minimize the impacts of additional vehicle traffic attributable to the Norborne Glebe project, in the Charles Town area. Arcadia Development Corporation shall make reasonable efforts to coordinate this transportation plan with the City and with Huntfield, L. C. with respect to the Huntfield project.
Arcadia Development Corporation may choose to develop Norborne Glebe using the Charles Town Mixed Use Zone Classification, in the event such zone is adopted by the City of Charles Town. Arcadia Development Corporation insists on becoming involved in the discussion and drafting of the Mixed Zone Zoning Classification provisions.