Diane
Cox Basheer, Trustee, and Kenneth O. Thompson, Trustee, are the
contract purchasers of Rosegill, which is property located in Middlesex
County, Virginia (the “County”) and containing approximately 848 acres.
Together with the current owners, Alfred Scott and Strother Scott, they
are proposing a traditional neighborhood design development providing
for residential and agricultural uses with appropriate amenities and
preservation of open space, farmland and forested areas as set forth in
the rezoning request made to the County.
Proffered conditions were submitted to the County as part of the
rezoning request. Proffers are written standards proposed by the
applicant and accepted by the County that require specific development
standards for and restrictions on the use of the property beyond those
set forth in the County’s Zoning Ordinance. The proffers are enforced
by the County so that all development must adhere to the proffered
requirements. Proffers run with the land, meaning that they apply to
the property no matter the owner or developer. As individual lots are
developed and sold, each owner of a lot must then comply with the
proffers.
ROSEGILL PROFFERS
January 4, 2006
Case Number 2004-04
Certain real property located in Middlesex County, Virginia
(the "County") and containing a total of approximately 848 acres is generally
known as Rosegill. The following
exhibits have been delivered to the County Planning Office:
¨ Exhibit A - The Rosegill Community
Pattern Book entitled "ROSEGILL, HISTORIC RIVER COUNTRY, Community Pattern
Book, Middlesex County, Virginia", dated June 2005, as prepared by Lessard
Architectural Group, Inc. (the "Rosegill Pattern Book");
¨ Exhibit B - The Rosegill zoning map entitled "ROSEGILL
ZONING MAP", designated as "SHEET NO: C1", dated as of June 11, 2004, last
revised on March 22, 2005, and prepared by Bay Design Group (the "Rosegill
Zoning Map");
¨ Exhibit C - The Rosegill open space
calculation map entitled "ROSEGILL OPEN SPACE CALCULATIONS", designated as
"SHEET NO: C2", dated as of March 11, 2005, last revised on June 13, 2005, and
prepared by Bay Design Group (the "Rosegill Open Space Calculation Map");
¨ Exhibit D - The Rosegill phasing plan
entitled "ROSEGILL PHASING PLAN", designated as "SHEET NO: C3", dated as of
June 14, 2004, last revised June 21, 2005, and prepared by Bay Design Group
(the "Rosegill Phasing Plan");
¨ Exhibit E - The Illustrative Master Plan
as provided in the Rosegill Pattern Book (the "Rosegill Master Plan");
¨ Exhibit F - The Rosegill Historic
District Plan entitled "ROSEGILL HISTORIC DISTRICT", designated as "SHEET NO.
C4", dated as of March 11, 2005 and last revised June 13, 2005, and prepared by
Bay Design Group (the "Rosegill Historic District Plan"); and
¨ Exhibit G - The Rosegill Historic
District Illustrative Landscape Plan as provided in the Rosegill Pattern Book
(the "Rosegill Historic District Illustrative Landscape Plan").
All exhibits and renderings provided herein are conceptual in
nature and are provided as an illustration of the quality of the design, design elements, and architectural style of
the pattern of development, community amenities, dwelling units, recreation and
open space, design features and buildings to
be located in the Rosegill development.
The following proffers shall be applicable to those portions
of the property zoned to the Village Community (VC) District:
1. Illustrative
Master Plan: The Rosegill
development, including all community areas, uses and features shown on the
Rosegill Master Plan (Exhibit E) as "Residential
Units", "Active Recreation", "Agricultural", "Historic" and "Wooded Areas" ("Community Features"), shall be developed in conformance
with the exhibits provided herein, each of which are provided as an illustration of the
quality of the design, design elements, and architectural style of the pattern
of development, community amenities, dwelling units, open space, design
features and buildings to be located in
the Rosegill development, unless otherwise approved by the County at the time
of subdivision.
2. Phasing: The development shall occur
within four (4) phases, beginning with Phase I, as depicted on the Rosegill Phasing
Plan (Exhibit D). Commencement of
construction of new dwelling units in a new phase shall not begin unless at least
seventy-five percent (75%) of dwelling units in the prior phase are sold and
foundations constructed (as evidenced by approval of the foundation inspection
for such dwelling units having occurred). Modifications to the Rosegill Phasing
Plan (Exhibit D) may be made to accommodate good engineering practices,
absorption, and other construction related issues after the notice and approval
of the County. Notwithstanding the above, approval of plans for and
construction of infrastructure for roadways, grading and utilities (including,
without limitation, central sewer and water systems and collection and
distribution lines) and community amenities may commence earlier.
All road improvements for Urbanna Road
(State Route 227) and access to State Route 33 will be constructed in
conjunction with that particular Phase at the applicant's sole cost and
expense.
3. Site Design: In
terms of setbacks, dwelling sitings, lot layouts and parking layouts, all
dwellings shall be developed in
substantial conformance to the community patterns and architectural styles presented in the Rosegill Pattern Book
(Exhibit A), in conformance with these
proffers, all provisions of the County Zoning Ordinance, all applicable laws,
rules and regulations and the Rosegill homeowners' association documents. Minor deviations from the Rosegill Pattern
Book (Exhibit A) shall be permitted when the County Zoning Administrator
determines that such deviations are necessary for engineering and other
reasons, including, without limitation, those due to the requirements of
topography, drainage, structural, safety or vehicular circulation, and such
deviations will not materially alter the character of the proposed development
plan for the Rosegill development as represented in the Rosegill Pattern Book
(Exhibit A). In no case shall an
increase in the total number of dwelling units be permitted.
4. Conservation
Easement. Any areas of the Rosegill development (as shown on the Master Plan) not
subject to this application and presently zoned LDR shall be preserved in
perpetuity by conservation easement in accordance with Virginia Conservation Easement Act, Virginia Code
(1950), as amended, §10.1-1009 et seq. and such other applicable federal and
state laws. Such conservation easement shall run with the land and may not be
transferable or otherwise assigned in any manner to any other property and
shall be recorded in the land records of the County prior to the time of
completion of that phase and before any building permits are issued for any
subsequent phase; provided, however, with respect to the last phase of the
Rosegill development, such conservation easement shall be recorded in
conjunction with that particular phase prior to the issuance by the County of the
fiftieth (50th) dwelling unit building permit permitted in that
particular phase.
5. Prohibited
Uses: No commercial for profit uses
shall be permitted in the Rosegill development, which such prohibited uses
shall consist of the following for profit uses otherwise permitted in the
Village Community (VC) District: Professional offices (although a sales
office or model home shall be permitted in conjunction with the sale of
dwelling units within the Rosegill development); Retail stores and shops;
Self-Storage buildings; Churches; Schools; Nursing homes and child care
centers; Medical clinics; Residential home occupations; Grocery stores; Homes
for the aged; Restaurants; Garage, Service Station; Bed and Breakfast Inns; Animal hospitals;
Convenience Stores; Animal Kennels; Garage, repair; garage, public; and body
shop; Contractors; Car Wash; Nursery; Lodge Halls; Manufactured home; Retail
Animal Feed Stores; and Supportive Housing for the Elderly.
6. Density: In no event shall the maximum number of
dwelling units within the development exceed seven hundred (700) dwelling units.
The following type and number of
dwelling units shall be developed within each phase of the development:
Phase of Development |
Single-Family Units |
Multi-Family Units |
Phase I |
99 |
24 |
Phase II |
168 |
32 |
Phase III |
193 |
32 |
Phase IV |
132 |
20 |
In order to meet changing market
demands, the applicant reserves the right to adjust by ten percent (10%), upward
and/or downward, the type and number of dwelling units within each phase shown
above and specified in the Rosegill Phasing Plan (Exhibit D).
7. Dwelling Units: Dwelling units
constructed within the Rosegill development shall have an average annual sales
price for the initial sale of each dwelling and lot of at least $450,000 and
consist of the following housing types, each as more particularly described in
the Rosegill Pattern Book (Exhibit A) and with a minimum average annual
sales price for the initial sale of such dwelling and its respective lot and
the minimum dwelling size as set forth below:
Community
Housing Types |
Minimum Initial Average Annual Sales
Price |
Minimum Dwelling Size |
Captain's
Quarters |
$280,000 |
1,400 square
feet |
Village Homes |
$335,000 |
1,800 square
feet |
Carriage Homes |
$400,000 |
2,200 square
feet |
Cottage Homes |
$485,000 |
2,500 square
feet |
River Homes |
$605,000 |
3,000 square
feet |
Grand River
Homes |
$725,000 |
3,400 square
feet |
As used herein, the minimum average
annual sales price for the initial sale of a dwelling and lot shall be the
price referenced herein until December 31, 2006. Thereafter, the minimum average annual sales
price referenced herein shall be adjusted upward by a pro-rata amount equal to
the pro-rata increase in the Marshall and Swift Building Cost Index between
December 31, 2006 and December 31 of each calendar year thereof in which the
initial sale for such home is made. The
applicant shall make an annual report of such sales to the County Zoning
Administrator.
Dwelling unit elevations
are provided in the Rosegill Pattern Book (Exhibit A) to illustrate the
architectural theme and design intent of the community and its individual
neighborhoods. The architectural design
of the proposed residences and community buildings shall be consistent with and
substantially conform to the character and quality of these illustrative
elevations, subject to compliance with all applicable laws, rules and
regulations.
Dwelling units and
accessory structures shall contain the following features:
a. A mix of
exterior materials of brick, stone, frame, and/or cementitious siding will be
permitted.
b. Neither aluminum nor vinyl siding shall
be utilized on the exterior of any dwelling unit or any accessory structure.
c. Each
dwelling unit shall be pre-wired at the time of construction, as a building
feature, for fire, emergency service and security systems.
8. Environmental/Low
Impact Development Techniques: Development of Rosegill shall employ one or more low impact development
techniques, as appropriate, such as, but not limited to: double silt fence for
all sensitive and highly erodible soil areas; storm water management (SWM)
facilities; best management practice (BMP) facilities; bio-retention ponds;
rain barrels; stilling basins; level spreaders; conservation areas; and
pervious berms. The applicant shall
cooperate with the Virginia Shoreline Advisory Group and the Virginia Institute
of Marine Science (VIMS) to identify options to address issues of future
shoreline erosion.
9. Community
Amenities: Amenities for the Rosegill development shall be provided in the following
manner and shall include but not be limited to the following, as shown or
referenced in the Rosegill Pattern Book (Exhibit A) and located as shown on the
Rosegill Master Plan, unless otherwise approved by the County at the time of
subdivision. Each amenity shall be
provided within each phase of development as it is developed:
Festival Lawn and Pavilion Egret and Heron
Lakes
Community Sailing/Yacht Club Harbor Club/Pool
Harborside Park Walking &
Biking Trails
Rosegill Barn Shelters and Kiosks
Kayak/Canoe Launches Natural Wooded
Areas
River Club and Rosegill Beach
with Clubhouse/Pool and Tennis
Rosegill Historic District, as
hereinafter defined
10. Open Areas: Common
recreation areas, and usable and common open space shall be
provided for in the Rosegill development as zoned Village Community (VC) as
depicted on the Rosegill Open Space Calculation Map (Exhibit C) as "VILLAGE
COMMUNITY (VC) OPEN AREA" and the Rosegill Master Plan (Exhibit E) as "Active
Recreation," "Lakes" and "Wooded Areas" ("Open Areas"). All Open Areas located on the property that
are zoned Village Community (VC) shall be owned in fee by the Rosegill homeowners'
association, as hereinafter defined, and the Rosegill homeowners' association
shall be responsible for the use and maintenance of the Open Areas and
improvements thereon pursuant to the terms, covenants and conditions to be
recorded among the land records of the County, binding upon every lot and all
Open Areas within the Rosegill development and continue in perpetuity
thereafter.
The Open Areas may include, but
are not limited to, lawns, parks, playgrounds, decorative plantings, walkways,
active and passive recreation areas, tennis facilities, fountains, wooded
areas, lakes, water courses, pavilions, shelters, benches, kiosks, walking and
bicycle trails, swimming pools, bath houses, and buildings and structures for
use for yacht and swim clubs and other recreation amenities for use by the
residents of the Rosegill development and their guests. In no case shall any dwelling unit be
permitted on any Open Area.
Bicycle and pedestrian access
ways, and trails within each phase of the Rosegill development shall be made
available to and for the benefit of the public once constructed pursuant to a
recorded access easement.
11. Homeowners' Association: Prior to or concurrent with the
recordation of each subdivision plat approved by the County and before the
conveyance of any portion of the property covered by said subdivision plat
(other than for the dedication of easements, roads or utilities) there shall be
recorded a document in the Clerk's Office of the Circuit Court of the County setting forth quality controls
relating to construction of improvements, including the community amenities set
forth above and open space and common areas as shown on the Rosegill Master
Plan, within the Rosegill development and maintenance of common areas or
other areas controlled by the same homeowners' association.
Architectural standards and builder
guidelines are to be a part of each such document and incorporated therein by
reference. The Rosegill homeowners'
association shall enforce restrictive covenants for the Rosegill development
which covenants shall include, but not be limited to the following:
a. The
homeowners' association shall operate under a ten year budget pursuant to the
Virginia Property Owners' Association Act (Title 55 of Chapter 26 of the Code
of Virginia (1950), as amended), which such budget shall include a reserve
account for funding the repair, replacement and restoration of capital
components.
b. No owner
will be permitted to construct any structural improvements to the property
(including decks and fences) without the review and approval by the Rosegill
homeowners' association, which shall be guided by architectural guidelines
established as referenced herein.
c. Conversion
of garages into living space will be prohibited.
d. Parking
of trailers, boats, campers or recreation vehicles shall not be permitted
within Rosegill unless placed in a garage.
e. The
annual budget for the Rosegill homeowners' association shall include a line
item for contributions to volunteer emergency medical services that will serve
the Rosegill development in the amount of $100 annually per dwelling unit
within the Rosegill development that has been issued a certificate of occupancy.
f. The
Rosegill barn and reasonable access to Urbanna Creek will be made available to
the Christchurch Crew Team to the extent such team requests such access and
use.
g. Cooperation
shall be provided for access and parking in areas used for farming for special
events of an historic, cultural or seasonal nature, such as the Urbanna Oyster
Festival, or events within the Rosegill development or Historic Rosegill.
h. The bicycle and pedestrian access ways
and trails within the Rosegill development shall be made available to the
public subject to appropriate rules and regulations of the Rosegill homeowners'
association.
i. The areas shown as Open Area and
Developed Area on the Rosegill Historic District Plan (Exhibit F), shall be subject to the control of the
Rosegill homeowners' association to provide additional restrictions to control
the use, preservation, maintenance and architectural design of improvements
within such areas for the benefit of the entire Rosegill Historic District.
12. Creek, River and Lake Utilization: No more than one (1) sailing/yacht
club with community piers may be developed on the Rosegill development, which
is to be located in the area as depicted on the Rosegill Master Plan (Exhibit
E). The number of boat slips in the proposed sailing/yacht club shall be controlled by Virginia Marine
Resources Commission (VMRC) rules and regulations. Canoe/kayak launches shall be provided along Egret and Heron Lakes and the Urbanna Creek portion of the Rosegill
development. Gasoline powered boats shall be prohibited on Egret
and Heron Lakes. No individual
private use piers shall be constructed within the Rosegill development. No
marinas, as defined by the County
Zoning Ordinance, shall be permitted within the Rosegill development.
The sailing/yacht club and
canoe/kayak launch areas shall be private and for the benefit of the lot owners
of the Rosegill development and their guests. Such amenities shall be subject to all applicable rules, regulations and
restrictions of local, state and federal government authorities and shall be
further subject to rules, regulations and restrictions of the Rosegill
homeowners' association.
All rivers, lakes and creeks within
the boundary of the Rosegill development shall be bounded by Open Areas, as
hereinafter defined, with no dwelling lots running to such waterfront areas, as
shown in the Rosegill Master Plan (Exhibit E).
13. Streets, Sidewalks and
Trails: All streets in the Rosegill development shall substantially conform to
the Rosegill Pattern Book (Exhibit
A). Public streets in the Rosegill
development shall conform to
Virginia Department of Transportation (VDOT) standards and the most recent version of the VDOT Subdivision Street
Requirements and the VDOT Subdivision Street Design Guide as shall exist at the
time of approval for the construction of such roads to allow for Traditional
Neighborhood Design (TND) elements.
Applicant
shall cooperate with VDOT and the County to determine the extension of the 35
mile per hour speed limit on Route 227 from the Urbanna bridge to the existing
entrance to Rosegill.
A minimum 4 foot wide pedestrian sidewalk shall be
installed along at least one side of
any portion of a street where dwelling units are fronted. Trails are to be constructed as shown on the Rosegill Master Plan
(Exhibit E).
The applicant shall comply with
the recommendations of VDOT as set forth in the letter dated April 29, 2005, to
Matthew Higgins, Director Planning and Zoning, Middlesex County from Tom
Ingram, Jr., EIT, Land Development/Permit Manager, VDOT, Saluda Residency, as
follows:
a. Intersections: The intersections
from the Rosegill development onto Urbanna Road (Route 227) shall be phased so
that no more than three (3) intersections shall exist at any one time from the Rosegill development
onto Urbanna Road (State Route 227). Further, the entrances identified in the January, 2005
Traffic Report prepared by Fitzgerald & Halliday, Inc., (the "F&H
Report") shall be developed as follows: (i) entrances 1 and 6 shall not be developed; (ii)
entrances 3, 4 and 5 shall be the three (3) permanent entrances to Rosegill;
and (iii) entrance 2 shall be open temporarily, but when the southern portion
of Phase III opens, necessitating entrance 5, entrance 2 will be permanently
closed.
b. Entrance 4: Entrance 4 shall be designed and constructed
to meet the current horizontal and vertical alignment of VDOT Standards and
Specifications and highest degree of safety.
c. Rt. 227 Improvements: In conjunction with the construction of each
phase, the applicant, at its expense, shall construct such turn lanes on Urbanna Road
(State Route 227) as required by VDOT and the County.
d. Bond: In
conjunction with Phase III and upon VDOT's request, the applicant shall provide
a bond for an approved VDOT traffic control devise for future traffic control
improvements, such as signalization at one of the intersections should future
conditions meet the requisite warrants needed for signalization. The bond shall remain in place for a period
of no less than ten (10) years.
e. Virginia Avenue: The VETTRA Company traffic study dated May 10, 2005 updates the F&H
Report to reflect the revisions to the Master Plan (Exhibit E), dated May 10,
2005, showing a private scenic road from Phase IV to State Route 33 and the
revisions to these proffers to reduce the number of dwelling units. Collectively, these revisions reduce the
anticipated traffic volumes on Urbanna Road (State Route 227). This reduction, coupled with the four way
stop at the intersection of Urbanna Road (State Route 227) and Virginia Avenue
in the Town of Urbanna, Virginia as set forth in the Waterfront Beautification
District, results in an overall Level of Service (LOS) C in 2024 at build out.
f. Pedestrian Traffic: Pedestrian
and biking access ways and trails shall be dispersed throughout the Rosegill
development to facilitate pedestrian and bicycle circulation, including,
without limitation, a trail running from the existing Rosegill entrance
northward along the west side of Route 227 to tie into the sidewalk and bridge
leading to the Town of Urbanna, as indicated on the Rosegill Master Plan
(Exhibit E).
g. Intersection Studies: Traffic analysis of the intersections at (i)
State Routes 33, 17 Business, and 618, (ii) the north and south intersections
of State Route 17 and State Route 17 Business, (iii) State Routes 602 and 17,
and (iv) State Routes 616 and 17, shall be studied prior to design stage of the
development of Rosegill.
14. Landscape
and Hardscape: Landscape and hardscape amenities shall be
provided in the Rosegill development as depicted in the Rosegill Pattern Book
(Exhibit A), in the section designated therein as "Landscape and Hardscape",
including, without limitation, as follows:
a. The
style of street lights, signage and site furniture shall be
coordinated with and complimentary to the new streetscape concepts adopted by
the Town of Urbanna, Virginia.
b. Paving, roadways, trails, sidewalks, and walkways shall
consist of a variety of material, including pavers of brick, stone,
cobblestone, asphalt and concrete; gravel, wood, pea gravel, and other similar
material.
c. Individual
mailboxes will have a consistent theme throughout the Rosegill development
consisting of a wooden or black rod iron post. Central mailbox facilities shall be provided by the applicant within
each phase.
d. Fencing provided throughout the Rosegill
development shall be constructed of wood or wrought iron, with any wood fences
near dwelling units to be painted and not left unfinished. Such fences shall range in height from 3' -
6'. All fences exposed to the front street or side street
shall not exceed 3' in height. Brick piers
may be used in lieu of metal or wood posts.
e. Street
trees shall be provided along at least one side of any portion of a street
where dwelling units are fronted.
f. Parks,
squares and common greens shall be used for both active and passive recreation. Greens are intended for both community
gathering as well as individual enjoyment. Parks and squares shall include seating areas and benches, open green
spaces, walks, specialty paving and other landscape amenities.
g. Individual
homes shall be landscaped with yard tree plantings and foundation plantings.
Landscaped areas shall be provided within Phase I and Phase II adjacent
to Route 227 so that there is not a direct view to any home from Route
227. Such landscaping shall be placed in
common areas to be controlled and maintained by the Rosegill homeowners'
association and which may include pedestrian and bicycle trails. There shall be a setback of at least one
hundred (100) feet from Urbanna Road (State Route 227).
15. Underground Utilities: Except
for junction boxes, meters and existing overhead utility lines, all utility lines shall be underground.
16. Central Water and Sewer: All
dwelling units within the Rosegill development shall be connected to a central water system, as defined by
the County Zoning Ordinance, pursuant to a contract for the purchase of water
service from the Town of Urbanna or development of an onsite central water
system. All dwelling units within the
Rosegill development shall be connected to a central sewer system, as defined
by the County Zoning Ordinance, to
be provided by a membrane bio-reactor wastewater treatment system with a drip
dispersion discharge system. There shall
be no discharge from the central sewer system directly into Urbanna Creek or
the Rappahannock River. The
wastewater treatment system shall be located within an enclosed barn-like
structure. Such building shall be
located at the existing house on the property southeast of the existing gravel
entrance road as it turns for the approach to the Festival Lawn and the
Rosegill Historic District, or as otherwise approved at the time of subdivision
approval by the County. All such central
sewer and water systems and collection and distribution lines shall be constructed
at the applicant's expense.
17. Garages: With
the exception of multi-family dwelling units, 80% of the dwelling units in the Rosegill development shall employ a garage located
behind the front building line of the
dwelling unit.
18. Access
to Route 33: A private scenic road
(a) for the benefit of the residents of Rosegill, (b) for agricultural
purposes, and (c) for emergency access, shall be provided to the Rosegill
development directly from State Route 33. This private scenic road is intended to serve dwelling units within Phases
III and IV to further mitigate traffic on Urbanna Road (State Route 227) as
noted in the VETTRA Company traffic
memorandum of June 14, 2005. The road shall be built in
conjunction with the development of the southern portion of Phase III to
facilitate construction of Phases III and IV. The general location of such road
is depicted on the Rosegill Master Plan (Exhibit E). The exact location of such road shall be
determined by an analysis of wetlands, topography and slopes at the time of
final engineering.
19. Fire,
Emergency Medical Services, and Library Contributions: A payment totalling $1,000 per dwelling unit
shall be made to the local Fire and Emergency Medical Services or either of
their successors to mitigate the development's impact on fire and emergency
services to serve the Rosegill development. The local Fire and Emergency Medical Services shall determine the
appropriate allocation of such payment between the recipients. In addition to the foregoing, a payment
totalling $115 per dwelling unit shall be made payable to Middlesex County
Public Library, Inc. to mitigate the development's impact on library services
to serve the Rosegill development. All
of such payments shall be made on an annual basis at the end of each calendar
year (December 31) based on the number of building permits for dwelling units
issued in that calendar year. Evidence
of such payment shall be provided to the County by December 31 of each calendar
year. All such payment amounts shall be
adjusted upward after December 31, 2006 by a pro-rata amount equal to the
Consumer Price Index (CPI) increase after such date and the date on which the
payment is made.
20. Cultural
Resources. A Phase I Archaeological
Study of Rosegill shall be conducted by the applicant on a phase by phase basis
and shall meet the guidelines set forth in the Virginia Department of Historic
Resource's Guidelines for Preparing Archaeological Resource Management
Reports and conducted under the supervision of a qualified archaeologist
who meets the qualifications set forth in the Secretary of the Interior's Professional
Qualification Standards. In the
event the findings indicate further study is warranted, the applicant shall
conduct a Phase II investigation. The
recommendations of such studies shall be incorporated into the plan of
development for the site and the clearing, grading or construction activities
thereon.
21. Rosegill
Historic District: The area shown on
the Rosegill Historic District Plan (Exhibit F) (the "Rosegill Historic
District") shall be developed in conformance to such Rosegill Historic District
Plan and the Rosegill Historic District Illustrative Landscape Plan (Exhibit G). Homes developed
within the Rosegill Historic District shall be designed of Colonial styles,
reflecting period architecture consistent with the period of construction of
the present Rosegill structure, approximately 1730 - 1770. The architecture shall reflect the
predominant Colonial styles reflecting Dutch, French, Georgian and Adam
influnces. Each home will be designed
with façades containing materials, roof forms and identifying features such as
windows, shutters and doors consistent with each historical style being
represented. Homes within the Rosegill Historic District
may be constructed only in that area of the Rosegill Historic District as more
particularly shown on the Rosegill Historic District Plan (Exhibit F).
The
Rosegill Historic District will contain pedestrian access ways and trails, and
public meeting and gathering areas which will be designed to reflect the
historic nature of the district. This shall be accomplished utilizing fence
styles, hardscape materials and patterns, landscape elements, light fixtures, mailboxes,
and site furniture which would be consistent with the period.
In
the event that artifacts of archeological significance are discovered during
construction, the applicant shall immediately notify the County and provide the
County a sixty (60) day time period to examine those artifacts. Any such artifacts which are found shall be
first offered for contribution to the County or its designee and then, if
declined by the County, offered to organizations committed to their
preservation, subject to approval of the Director, Planning & Community
Development of the County.
New homes and the community sailing/yacht club
constructed within the Historic Rosegill District shall be appropriately
landscaped to provide a buffer to Historic Rosegill. Such landscaping shall be in keeping with the
historic period of the architecture of Historic Rosegill.
At
the time of subdivision approval for Phase III, recorded easements shall be
placed on the portion of the Rosegill Historic District not used for dwelling
units and the community sailing/yacht club in order to provide for the following:
a. The bicycle and pedestrian access ways
and trails and public meeting and gathering areas within the Rosegill Historic
District shall be made available to the public.
b. The
Rosegill barn and reasonable access to Urbanna Creek will be made available to
the Christchurch Crew Team to the extent such team requests such access and
use.
c. Cooperation
shall be made to have Historic Rosegill available to residents and guests of
the Rosegill development and to the general public at a minimum during the Thanksgiving/Christmas
season and during the Spring/Garden season.
22. Urbanna Harbour: The portion of the Rosegill development existing immediately adjacent to the Urbanna Harbour subdivision shall be
developed as follows:
a. Setbacks: All new structures within the
Rosegill development shall maintain a minimum setback of 50' from the common boundary line
existing between the Rosegill development and the Urbanna Harbour subdivision.
b. Vehicular Access: There shall be no road
connection (construction or otherwise) for vehicular use between the Rosegill
development and the Urbanna Harbour
subdivision.
c. Landscaped Areas: A landscaping easement at least twenty-five
feet (25') in width shall be required upon the Rosegill development along the
common boundary line existing between the Rosegill development and the Urbanna
Harbour subdivision. Supplemental
landscaping shall be planted within this landscaping easement in areas that
currently have no vegetation and the Rosegill homeowners' association shall
maintain all landscaping within such landscaping easement.
23. Severance: The unenforceability, elimination, revision
or amendment of any proffer set forth herein, in whole or in part, shall not
affect the validity or enforceability of the other proffers or the unaffected
part of any such proffer.
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