Loading...
HomeMy WebLinkAbout12-04 ApplicationOctober 28, 2004 Mr. Charles E. Maddox Gilbert W. Clifford Associates /PHRA 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: REZONING #12 -04, BUTCHER PROPERTY (BRIARWOOD LC) Dear Chuck: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 27, 2004. The above referenced application was approved to rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District. The subject property is located east of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision, and is identified with Property Identification Number 55 -A -200, in the Red Bud Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoni g application. Sinc; ely, ERL/bhd Er id R. awrence, MCP Pla ing Director CK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 cc: Briarwood LC, 205 N. Cameron St., Winchester, VA 22601 Gina A. Forrester, Board of Supervisors, Red Bud District Supervisor Pat Gochenour and Marie F. Straub, Red Bud District Planning Commissioners Jane Anderson. Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 10/06/04 Board of Supervisors: 10/27/04 North: RP (Residential Performance) South: RA (Rural Areas) East: RA (Rural Areas) West: RP (Residential Performance) REZONING APPLICATION #12 -04 BUTCHER PROPERTY (BRIARWOOD LC) Staff Report for the Board of Supervisors Meeting Prepared: October 20, 2004 Staff Contact: Eric R. Lawrence, AICP, Planning Director Action Recommended Approval PROPOSAL: To rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District. LOCATION: The property is located east of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER(S): 55 -A -200 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Undeveloped ADJOINING PROPERTY ZONING PRESENT USE: Use: Use: Use: Use: Single Family (Briarwood) Undeveloped Undeveloped Single Family (Briarwood) PROPOSED USES: 69 single family detached dwellings (12,000 sq. ft. lot minimums) REVIEW EVALUATIONS: Rezoning #12 -04, Butcher Property (Briarwood LC) October 20, 2004 Page 2 Virginia Dept. of Transportation: Via e-mail on September 22, 2004: The documentation within the application to rezone this property appears to have a measurable impact on Route 656. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the September 7, 2004 rezoning application addresses transportation concerns associated with this request except for Comment 12.2 where the applicant shall enter into a signalization agreement with VDOT to share their prorated portion of the costs of the installation of a traffic signal at the intersection of Farmington Boulevard and Greenwood Road. All other issues are acceptable at this time. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of- way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code section 90 -4. Fire hydrants shall be located within three feet of the curb and landscaping Shall not interfere with its operation. Plan approval recommended. Frederick Winchester Service Authority: No comments. Public Works Department: We have completed our review of the proposed Butcher rezoning and offer the following comments: The traffic impact analysis indicates that the proposed project will include 65 single family dwellings. The remainder of the rezoning application including the impact model indicates 70 dwellings. This conflict needs to be corrected accordingly. The discussion of solid waste disposal facilities indicates that the residents will use Frederick County dumpster sites for disposal of solid waste. In all probability, the residents will attempt to use the Greenwood convenience site located adjacent to the proposed project behind the Greenwood Fire Hall. However, the current site has exceeded capacity because of recent development in the Senseny Road /Greenwood Road area. The proposed development on the Butcher property will only serve to further exacerbate the problem. A curbside program implemented by the homeowners' association would be a preferable approach to solid waste disposal to avoid the long lines at the convenience site. Sanitation Authority: No comment. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. Rezoning #12 -04, Butcher Property (Briarwood LC) October 20, 2004 Page 3 Winchester Regional Airport: The referenced proposal was reviewed. While the proposed development lies within the airports Part 77 surfaces and airspace, it appears that the proposed site plan will not impede operations at the Winchester Regional Airport. Frederick County Department of Geographic Information Services (GIS): No comment at this time. Please submit road names for review and approval when they have been determined. Frederick County Department of Parks Recreation: The Butcher property rezoning application appears to have addressed the open space requirements and offers a monetary proffer to help offset the demand for leisure services which will be created by this development. Frederick Winchester Health Department: The health department has no objection as long as the proposal does not impact any existing or proposed wells or septic systems. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 70 single family homes will yield 12 high school students, 10 middle school students, and 28 elementary school students for a total of 50 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Planning Zoning: 1) SiteHistory The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A -2 (Agricultural General) District. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Land Use The Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the Rezoning #12 -04, Butcher Property (Briarwood LC) October 20, 2004 Page 4 county where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. (Comprehensive Policy Plan, p. 6 -1, 6 -2) The subject property is located entirely within the UDA. There are no small area land use plans found in the Frederick County Comprehensive Policy Plan for the site. In accordance with the Frederick County Comprehensive Policy Plan, "any new suburban residential development served by sewer and water will have to be located within the UDA." As such, the subject proposal is consistent with this general land use policy. (Comprehensive Policy Plan, p. 6 -5) Transportation The subject site is accessible via Farmington Boulevard, a road classified as a minor collector road by the Eastern Road Plan. The Eastern Road Plan indicates that Farmington Boulevard will traverse the subject site in a east -west manner, linking Greenwood Road and Channing Drive. Farmington Boulevard will ultimately travel through various residential neighborhoods: the Briarwood, Lynnhaven, and Sovereign Village subdivision, and the Butcher property. This application does accommodate Farmington Boulevard across the site. Farmington Boulevard currently intersects with Greenwood Road at an unsignalized intersection. This applicant has proffered to enter into a signalization agreement with VDOT. At the intersection of Farmington Boulevard and Channing Drive, east of the subject site, 25 acres of vacant B2 property currently exists. This commercially zoned land will provide commerce opportunities for the future residents of the subject site. It is foreseeable that Farmington Boulevard, as a minor collector road, could achieve daily traffic counts up to 3,000 trips per day. Accordingly, traffic calming measures have been proffered by the applicant to lessen impacts on the residents along Farmington Boulevard. 3) Site Suitability /Environment The subject 30 -acre parcel contains woodlands and limited areas of wetlands; wetlands of which total less than 0.9 acres. A central intermittent stream channel bisects the site from south to north draining through the Briarwood Estates subdivision. The ordinance required Riparian Buffers will be provided on either side of the channel to maintain the stream's integrity. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert- Berks Blairton soil association. These types of soils are common on land located east of Interstate 81. They present some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. 4) Project Scope If the Butcher property is rezoned and later master planned, the property could realize a maximum proffered density up to 2.3 residential units per acre, a density consistent with Rezoning #12 -04, Butcher Property (Briarwood LC) October 20, 2004 Page 5 adjacent developments 5) Potential Impacts A. Transportation Using the standards found in the I.T.E. Trip Generation Manual. 7 Edition. the proposed rezoning would increase traffic by 690 vehicle trips per day. The applicant's Traffic Impact Analysis (TIA) projects 69 single family detached residential lots being created from the 30 acre site. The existing traffic on Farmington Boulevard is 880; the proposed rezoning could increase the traffic on Farmington Boulevard by 78 percent. A majority of the residents will utilize Greenwood Road, accessed via the Greenwood Road and Farmington Boulevard intersection. B. Sewer and Water An impact of 13,800 gpd is projected based on an average of 200 gpd per residential unit. The Sanitation Authority and Service Authority have offered "no comment" for this rezoning. C. Capital Facilities Impact The Capital Facilities Impact Model projects a total fiscal impact of $10,089 per dwelling unit associated with this rezoning. This includes a projected increase in the public school student population by 50 children. 6) Proffered Conditions The following list is a summary of the proffered conditions associated with this rezoning application: Assurance that the site will be developed to accommodate no more than 69 single family detached dwelling units (12,000 sq. ft. minimum lot size) Contribution of $10,206 per lotto lessen the impacts on capital facilities. An escalator clause has been proffered, which would go into affect for new construction set forth after 30 months. The applicant will enter into a signalization agreement with VDOT for the intersection of Farmington Boulevard and Greenwood Road. The applicant will implement traffic calming techniques along Farmington Boulevard. (Staff Comment: The applicant has also proffered to: utilize the County's public water and sewer system; create a homeowner's association; practice slormwater management and BMP; and, adhere to the RP Residential Performance regulations. These proffered items are restatements of ordinance requirements.) STAFF CONCLUSIONS FOR THE 10/06/04 PLANNING COMMISSION MEETING: This application is a request to rezone approximately 29.9891 acres of land from the RA (Rural Areas) District to the RP (Residential Performance) District. The and requested for rezoning is within the UDA (Urban Development Area) and is generally consistent with the land use policies found in the Comprehensive Policy Plan. Primary access to the site will occur via Farmington Boulevard, and its intersection with Greenwood Road. Rezoning #12 -04, Butcher Property (Briarwood LC) October 20, 2004 Page 6 The proffer statement of this rezoning application attempts to mitigate the potential impacts associated with this rezoning. PLANNING COMMISSION SUMMARY ACTION OF THE 10/06/04 MEETING: Planning Commissioners had questions for the applicant on whether VDOT was satisfied that mitigation of the transportation impacts had been satisfactorily addressed; whether or not curbside trash pick -up could be implemented by the homeowners' association to avoid long lines at the Greenwood convenience site; where and what types of traffic- calming techniques were proffered along Farmington Boulevard; and, what the intended lot size would be. The issue of overcrowded schools in this area was also discussed, as well as busing young school children miles away from where they live to attend school. In response to the anticipated lot size, the applicant stated that 12,000 square -foot lots, consistent with Briarwood. are planned for this property. Two local residents spoke to the Commission; they believed the rezoning should be placed on hold until the new elementary school opened in the fall of 2006. They were concerned about the increasing volume of traffic on Greenwood Road, frequent traffic accidents at the intersection of Greenwood Road and Valley Mill Road, the long lines at the dumpster site, and schools that were over capacity. Funding for the infrastructure necessary to accommodate all of the residential development in this area remained an issue for the Commission members, although they recognized that this particular applicant had probably done as much as possible with the submitted proffers to mitigate the future impacts of this development. By a majority vote, the Planning Commission recommended approval with the proffers as submitted by the applicant. The vote was as follows: YES (to approve): Watt, Unger, Morris, DeHaven, Thomas, Kriz, Triplett NO: Straub, Gochenour, Light, Rosenberry (Please note: Commissioner Ours was absent; Commissioner Fisher appointed to Board.) GREENWOOD VOLUNTEER FIRE CO. 199 55 A 199 192 GREENWOOD BAPTIST CHURCH 55 A 192 ORRICK CEMETERY COMPANY, INC. 55 A 201 Rezoning 12 04 Butcher Property (55 A 200) rnt ry19221ii 0 ART37,CHURCH,�, ...,.4tAti; X55 A .192 Rezoning 12 04 Butcher Property (55 A 200) 250 500 1000 0,500 1. LAND USE: PROPOSED PROFFER STATEMENT REZONING: RZ. 12 -04: RA (Rural Areas) to RP (Residential Performance) PROPERTY: 29.99 Acres Tax Map Parcel 55 -A -200 (the "Property RECORD OWNER Briarwood LC APPLICANT: Briarwood LC PROJECI NAME: Butcher Property ORIGINAL DATE OF PROFFERS: September 7, 2004 REVISION DATE(S): October 7, 2004; October 18, 2004 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 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 that 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, Butcher Property" dated July 1, 2004 [revised October 6, 2004] (the "GDP and shall include the following. 1.1 Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance "RP zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. Page 1 of 6 Butcher Proffer Statement 1.2 Residential development on the Property shall not exceed a maximum of 69 single family detached dwelling units 1.3 The project shall be comprised solely of single family, detached urban housing (minimum 12,000 square foot lots). 1.4 The project shall be developed pursuant to an annualised phasing plan Certificates of occupancy for no more than 36 dwelling units shall be issued within any twelve (12) month period, beginning from the date of rezoning approval. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Butcher Proffer Statement as approved by the Board. 3. FIRE &RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit except those that may be designated as "age restricted 5. PARKS OPEN SPACE: 4.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. SHERIFF'S OFFICE 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. Page 2 of 6 8. ADMINISTRATION BUILDING 11. ENVIRONMENT: Butcher Proffer Statement 8.1 10. WATER &SEWER: The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, if they decide to use a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, 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. 10.1 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. 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Butcher Property," prepared by Patton Harris Rust Associated, dated September 8, 2004 (the "TIA The Page 3 of 6 13. ESCALATOR CLAUSE: Butcher Proffer Statement Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for a pro -rata share of the cost of installation of a traffic signal at the intersection of Farmington Boulevard and Greenwood Road. (See 1 on GDP) 12.3 The extension of Farmington Boulevard through the project shall be designed and constructed to include traffic calming measures acceptable to VDOT. (See 2 on GDP) 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as 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 "GPI -U) published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the C'I -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. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 4 of 6 Butcher Proffer Statement Respectfully submitted, By Title: Oae BRIARWOOD LC STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged beforg me this it' day of fl= 2004, by I>v i e P f"Ibll 1 clay My commission ires 10 Notary Public ri tflu Page 5 of 6 RsC0a SE STORE 5 SLEY J— I -1 -10 RANGEL 53J —i -1-0 IVY 55J -1 —I -8 OUGLAS S5J —J -2-3 —l— i5J -1 -2 -3 KRJG 55J -1— 55J -6 115 CAVE 56-1 -6 —I BETTIE i7NSLOW 55 -A 784 ONED: RP USE: ,ESI NIAL RRICK C -ETERY CO, INC. 55 -A 01 ZONED: A USE CEME Y I ORRICK CEMETERY CO. INC. 55 -A -201 ZONED: RA USE: CEMETERY HAMMONO 56 —6 BUTCHER PROPERTY GENERAL /ZED DEVELOPMENT PLAN FREDERICK COUNTY, V /RG /Ni4 REV 10/6/04 gilbert w. clifford associates a division of Patton, Harris, Rust Associates, pc 117 E. Reify St. Winchester, Virginia 22601 VOICE (540) 667 -2139 FAX: (540) 665 -0493 Page 6 of 6 Action: PLANNING COMMISSION: October 6, 2004 Recommended Approval BOARD OF SUPERVISORS: October 27, 2004 APPROVED DENIED WHEREAS, Rezoning #12 -04 of the Butcher Property Briarwood LC), submitted by Gilbert W. Clifford Associates, Inc., to rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located east of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision, in the Red Bud Magisterial District, and is identified by Property Identification Number (PIN) 55 -A -200; and WHEREAS, the Planning Commission held a public hearing on this rezoning on October 6, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 27, 2004; 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 change 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #22 -04 AMENDMENT AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #12 -04 OF THE BUTCHER PROPERTY (BRIARWOODLC) This ordinance shall be in effect on the date of adoption. Passed this 27 day of October, 2004 by the following recorded vote: Richard C. Shickle, Chairman Barbara E. Van Osten Gina A. Forrester Gary Dove Gene E. Fisher Bill M. Ewing Lynda J. Tyler PDRes #22 -04 A COPY ATTEST John R. Riley, Jr. Frederick County Administrator gilbert w. clifford &Isociates a division of Patton Harris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects. P 117 East Piccadilly Street, Suite 200 Winchester, V irginia 22601 T 540.667.2139 F 540.665.0493 To: Eric Lawrence Organization /Company: Frederick County Planning Address: 107 N. Kent Street Winchester, VA 22601 Telephone Number: Date: October 21, 2004] From: Chuck Maddox Project Name /Subject: Butcher Rezoning Via: Quantity File Date Description 1 O lam' /I Notes: Received by: Revised Proffers Date: Internal Project File Transmittal Transmitted Herewith Under separate cover Material Originals Photocopies Diskette Shop Drawings Mylar Ozalid Prints Invoice Sepia Purpose Your Use Your Files Approval Please Return: Corrected Prints Please Submit: Revised Prints gilbert w. clifford a division of Patton H arris Rust Engineers. Surveyors. Planners. P Notes: 117 East Pi Winchester T 540.667 F 540.665 To: Organization/Company: Address: Telephone Number: Date: From: Project Name /Subject: Via: Quantity File 1 &lisociates Associates,pc Landscape Architects. ccadilly Street. Suite 200 Virginia 22601 .2139 .0493 Eric Lawrence Frederick Coun Plannin 107 N. Kent Street Winchester, VA 22601 October 8, 2004 Chris Mohn Butcher Rezoning Date Transmittal OCT 8 2004 j U PLANNING DEVELOPMENT Internal Project File Description Transmitted Herewith Revised Proffer Under separate cover Material N I Originals Photocopies Diskette Shop Drawings Mylar Ozalid Prints Invoice Sepia Purpose Your Use Your Files El Approval Please Return: Corrected Prints Please Submit: Revised Prints Received by: Date: PROPOSED PROFFER STATEMENT REZONING: RZ. 12 -04: RA (Rural Areas) to RP (Residential Performance) PROPERTY: 29.99 Acres Tax Map Parcel 55 -A -200 (the "Property") RECORD OWNER Briarwood LC APPLICANT: David B. Holliday PROJECT NAME: Butcher Property ORIGINAL DATE OF PROFFERS: September 7, 2004 REVISION DATE (S): October 7, 2004 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 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 that 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, Butcher Property" dated July 1, 2004 [revised October 6, 2004] (the "GDP and shall include the following. 1. LAND USE: 1.1 Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance "RP zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. Page 1 of 6 Butcher Pro/Ter Statement 1.2 Residential development on the Property shall not exceed a maximum of 69 single family detached dwelling units. 1.3 The project shall be comprised solely of single family, detached housing types. 1.4 The project shall be developed pursuant to an annualized phasing plan. No more than 36 dwelling units shall be constructed within any twelve (12) month period, beginning from the date of rezoning approval. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Butcher Proffer Statement as approved by the Board. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit except those that may be designated as age restricted 5. PARKS OPEN SPACE: 4.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. SHERIFF'S OFFICE 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. Page 2 of 6 Butcher Proffer Statement 8. ADMINISTRATION BUILDING 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, if they decide to use a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, 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. 10. WATER SEWER: 10.1 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. 11. ENVIRONMENT: 12. TRANSPORTATION: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Butcher Property," prepared by Patton Harris Rust Associated, dated September 8, 2004 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. Page 3 of 6 Butcher Proffer Statement 12.2 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for a pro -rata share of the cost of installation of a traffic signal at the intersection of Farmington Boulevard and Greenwood Road. (See 1 on GDP) 12.3 The extension of Farmington Boulevard through the project shall be designed and constructed to include traffic calming measures acceptable to VDOT. (See 2 on GDP) 13. ESCALATOR CLAUSE: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as 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 contributions are paid, they shall be adjusted by the percentage change in the CPI 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. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 4 of 6 Respectfully submitted, Butcher Proffer Statement By Title: BRIARWOOD LC STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: �}V The foregoing instrument was acknowledge�d 1 b 1 efypre me this b day of 5f �E m�Ie( 2004, by Pali d a. tt�l 'ide' My commission expires i7 `5j -0 5 Notary Public Page 5 of 6 1 00111 ONF RESOEN aE LAMM 55J COFFEY u:nEY 55J i I 10 RANGEL 55J -1 -1 -7 RY 55J -i -i -8 ()ALAS b5J -1 -2 -3 WOE b5J -I -2 -3 FOUR A501 KR:C 55J -1 -2 SAWLLE 55J -1 -5 -115 CAVE L5J -1 -5 -1 BETTIE 1NSLOW 55 -A 184 ONED: RP USE: 'ESII. -NEAL RRICK CE ETERY CO, INC. 55 -A 201 ZONED: USE: GENE RY BUTCHER PROPERTY GENERAL /ZED DEVELOPMENT PLAN FREDERICK COUNTY, U /RC/NJA REV 10/6/04 ORRICK CEMETERY CO, INC. 55 -A -201 ZONED: RA USE: CEMETERY gilbert w. clifford associates o division of Patton, Harris, Rust Associates, pc 117 E, Picadilly 5t. Winchester, Virginia 22601 VOICE (540) 667 -2139 FM: (540) 655 -0493 Page 6 of 6 AM:ONO 55J -1 -591 2. Property Owner (if different than above) Name: Briarwood LC Address: 205 N. Cameron Street Winchester, VA 22601 3. Contact person if other than above Name: Charles E. Maddox Location Map Plat Deed of property Verification of taxes paid Winchester, Virginia 22601 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff �J t Fee Amount Paid Zoning Amendment Number PRtS "%a jts Date Received PC Hearing Date BOS Hearing Date q Telephone: 667 -2120 Agency Comments Fees Impact Analysis Statement Proffer Statement Telephone: 667 -2139 ECEOW SEP 1 0 2004 FREDERICK COUNTY ANNING DEVELOPMENT 56 The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford Associates/PHRA Telephone: 667 -2139 Address: 117 E. Piccadilly Street, Suite 200 4. Checklist: Check the following items that have been included with this application. 1 5. The Code of Virginia allows us to request full disclosure of owner rezoning applications. FREDERICK COUNTY Please list below all owners or parties in interest of the land to be rezenakNNING. DEVELOPMENT David B. Holliday 6. A) Current Use of the Property: Residential Vacant B) Proposed Use of the Property: RP- Single Family Detached (Urban) 7. Adjoining Property: See Attached PARCEL ID NUMBER Briarwood Subdivision East of Greenwood Road (Route 656), south and adjacent to the USE ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). 2 ID Name Address Zoning Use 55 -A -184 Bettie E Winslow 711Greenwood Road, Winchester, VA 22602 RP Residential 55 -A -201 Greenwood Baptist Church 778 Greenwood Road, Winchester, VA 22602 RA Religious 55 -A -201 Orrick Cemetery Co., Inc. 501 S. Braddock Street, Winchester, VA 22601 RA Agricultural 55J -1 -1 -7 Raegan P Jose R Rangel 102 Goldenrod Road, Winchester, VA 22602 RP Residential 55J -1 -1 -8 Richard L Sharon K Ivy 100 Goldenrod Road, Winchester, VA 22602 RP Residential 55J -1 -1 -9 Randy L Heather C Stotler 101 Orion Ct., Winchester, VA 22602 RP Residential 55J- 1 -1 -10 Ruth H Tensley 103 Orion Ct., Winchester, VA 22602 RP Residential 55J- 1 -1 -11 Steven L Lamm Angela Greenwalt 105 Orion Ct., Winchester, VA 22602 RP Residential i 55J- 1 -1 -12 Marlon A Cynthia D Coffey 107 Orion Ct., Winchester, VA 22602 RP Residential 55J- 1 -2 -30 Robert Jennifer Douglas 302 Lilys Way, Winchester, VA 22602 RP Residential 55J- 1 -2 -31 Lamont L Lorretta E Lashley 304 Lilys Way, Winchester, VA 22602 RP Residential 55J- 1 -2 -32 Christopher L Vicki L White 306 Lilys Way, Winchester, VA 22602 RP Residential 55J- 1 -2 -33 Alan C Diane L Van Amburg 308 Lilys Way, Winchester, VA 22602 RP Residential 55J- 1 -2 -34 Rhonda Mason 310 Lilys Way, Winchester, VA 22602 RP Residential 55J- 1 -2 -35 Richard C Edlich 312 Lilys Way, Winchester, VA 22602 RP Residential 55J- 1 -2 -36 Jerry S King Scot W Marsh 39078 Old Valley Pike, Strasburg, VA 22657 RP Vacant 55J- 1 -2 -36A Briarwood Estates Homeowners Assoc. P.O. Box 746, Stephens City, VA 22655 RP Vacant 55J -1 -6 -112 John D Susan L Wallace 318 Lilys Way, Winchester, VA 22602 RP Residential 55J -1 -6 -114 David F Lynn K Gwinn 202 Trefoil Ct., Winchester, VA 22602 RP Residential 55J -1 -6 -115 Alan R Saville Leigh Ann Sweeney 204 Trefoil Ct., Winchester, VA 22602 RP Residential 55J -1 -6 -116 Michael A Stacey L Quick 206 Trefoil Ct., Winchester, VA 22602 RP Residential 55J -1 -6 -117 Mark E Laura L Quick- C q VE. 208 Trefoil Ct., Winchester, VA 22602 RP Residential 1 55J -1 -6 -118 Christopher S Carla A Hammond 210 Trefoil Ct., Winchester, VA 22602 RP Residential Briarwood Section 3 Acres Current Zoning Zoning Requested 29.9891 RA RP 29.9891 Total acreage to be rezoned Districts Office Service Station Retail Manufacturing Restaurant Warehouse Other Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification /Location: Parcel Identification Number 55 -A -200 Magisterial: Shawnee High School: James Wood Fire Service: Greenwood Middle School: James Wood Rescue Service: Greenwood Elementary School: Senseny Road 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 69 Townhome Multi- Family Non Residential Lots Mobile Home Hotel Rooms Square Footage of Proposed Uses PIA PLANNING &IC DEVELOPMENT OPMENT 3 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. 1 (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Owner(s) rt VV Cliffo u ssociates P Date 7` -a Date Date —7- o y Date 4 Know All Men By Those Present: That I (We) (Name) David B. Holliday Special Limited Power of A County of Frederick, V' Frederick Planning Web Site: www.co.fr Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 665-6395 (Phone) 667 -2120 (Address) 205 N. Cameron Street, Winchester, Virginia 22601 the owner(s) of all those tracts or parcels of land "Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick Virginia, by Deed Book 810 on Page 1279 and is described as Parcel: 200 Lot: Block: A Section: 55 Subdivision: do hereby make, constitute and appoint: Chris Mohn (Name) PHRA Charles, E. Maddox, Jr., •ddress) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attomey -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. witness thereof,�e) have hereto set my (our) hand and seal this day of k' 1i/2004 Signature(s) State of Virginia, City /County of W t no vc (Phone) 667 -2139 ERICK COUNTY DEVELOPMENT IQ,4 t.1Q1 �-1 d I�YLtrprll is Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument pe natty appeared before me and has acknowledged the s me in the jurisdiction aforesaid this 941 day of ,,-474200 I 1 O1 l kw, a c imio My Commission Expires: 1 J 1 (I D ZW io tary Public IN RONai o ct IN 1 1P. sekst VA LLEM _l- R 3 y Q ti R0, 0 VICINITY MAP 1 1,500' u g NOTES: 1. THE PROPERTIES SHOWN ON THIS PLAT ARE LOCATED ON ASSESSMENT MAP 55 —((A)) -200 AND ARE NOW IN THE NAME OF JAMES E. ARDEYH 0. BUTCHER PER DEED RECORDED AT DEED BOOK ■810 AT PAGE 1279 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 2. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES AND RESTRICTIVE COVENANTS ON THE PROPERTY. 3. THIS SURVEY IS BASED ON A CURRENT FIELD SURVEY. 4. THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS. WAS NEITHER INVESTIGATES NOR CONFIRMED DURING THE PERFORMANCE OF THIS SURVEY BY THIS FIRM. 5. IRF DENOTES REBAR FOUND 6. IRS DENOTES REBAR TO BE SET CURVE TABLE CURVE DELTA RADIUS' LENGTH TANGENT BEARING CHORD C1 116'23" 547.96 12.18 6.09 N21'38'21 "E 12.18 yTH OF A C) r 14 No. 002342 I�� MD SUR`rt cc 0 n N w Ire a 0 BOUNDARY SURVEY 'w OF THE PROPERTY OF JAMES E. ARDEYTH 0. BUTCHER 0 D.B. 810, PG. 1279 0 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA ti SCALE: AS NOTED DATE: FEBRUARY 2, 2004 ED gilbert w. clifford associates i A DIVISION OF u PATTON HARRIS RUST ASSOCIATES q A PROFESSIONAL CORPORATION LT LT CONSULTING ENGINEERING LAND SURVEYING PLANNING d 117 E. PICCADILLY STREET. WINCHESTER, VIRGINIA 22601 w (540) 667 -2139 SHEET 1 OF 2 2- Butcher Impact Analysis Statement r Sl Gi r 11 II1 Sunnnary.and The Biitcher property?lie wh within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) of Frederick County, with access to Greenwood Road via Farmington Boulevard. The site is located adjacent to the Briarwood Estates subdivision, which the applicant in this petition successfully rezoned and developed over the course of the past decade. The development of the Butcher property will continue the established development pattern in this area, and will be integrated with adjoining neighborhoods through the extension of Farmington Boulevard. The rezoning of the site for single family residential development is consistent with the vision of the Comprehensive Policy Plan, which expressly calls for suburban residential uses to predominate within the UDA. The site is accordingly designated for residential land use on the Eastern Frederick County Long Range Land Use Plan map. By using available land within the UDA, this rezoning promotes a dynamic housing market within the county's designated growth area, and therefore advances the important goal of reducing development pressure in the outlying rural areas. The applicant is confident that the proposed rezoning includes a proffer program that will appropriately and effectively mitigate the impacts of this development while simultaneously contributing to the regional transportation network. The single family residential land use envisioned for the site is compatible with the surrounding community and consistent with the land use policies of the Comprehensive Policy Plan. As such, this rezoning request merits favorable consideration and approval.