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Home My WebLink About13-04 Proffer StatementAction: PLANNING COMMISSION: January 19, 2005 Recommended Approval BOARD OF SUPERVISORS: February 9, 2005 APPROVED DENIED PDRes #04 -05 AMENDMENT AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #13-04 OF WESTBURY COMMONS WHEREAS, Rezoning #13 -04 of Westbury Commons, submitted by Greenway Engineering, to rezone 3.13 acres from B2 (General Business) District to RP (Residential Performance) District. This property fronts on the east side of Westminster Canterbury Drive (route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522), in the Stonewall Magisterial District, and is identified by Property Identification Numbers (PINs) 53 -4 -3 -E and 53- 4 -3 -F. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 19, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 9, 2005; 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, ivelfare, 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 3.13 acres from B2 (General Business) 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. This ordinance shall be in effect on the date of adoption. Richard C. Shickle, Chairman Gina A. Forrester Lynda J. Tyler Gene E. Fisher PDRes x€04 -05 Aye Aye Aye Aye Passed this 9th day of February, 2005 by the following recorded vote: Barbara E. Van Osten Gary Dove Bill M. Ewing A COPY ATTEST John JT•ley, Jr. Frederick County Administrator Aye Aye Aye Grecnway Engineering August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Revised January 20, 2005 PROPOSED PROFFER STATEMENT Westbury Commons Rezoning REZONING: RZ 13 -04 Business General (B2) to Residential Performance (RP) PROPERTY: 3.13 -acres Tax Parcels 53- ((4)) -3 -E 53- ((4)) -3 -F (the "Property RECORD OWNER: Harvest Communities, Incorporated APPLICANT: Harvest Communities, Incorporated PROJECT NAME: WESTBURY COMMONS REZONING ORIGINAL DATE OF PROFFERS: August 13, 2004 REVISION DATA: January 20, 2004 Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 13 -04 for the rezoning of 3.13 -acres from the Business General (B2) District to Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject property, identified as Westbury Commons, and more particularly described as the lands owned by Harvest Communities, Incorporated, being all of Tax Map Parcel 53- ((4)) -3 -E and 53- ((4)) -3 -F and being the same property as shown on a plat of survey prepared by Elliot Ritchie, Jr., LS, recorded in Clerk's Office of Frederick County, Virginia in Deed Book 553 at Page 489. Fi le #4079 /AJC 1 Greenway Engineering B. Declaration D. Private Street August 13,2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Revised January 20, 2005 A. Generalized Development Plan Westbury Commons Rezoning The applicant hereby proffers to develop the 3.13 -acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. A Deed of Subdivision and Declaration of Restrictive Covenants "Declaration shall be recorded with the subdivision record plat. The Declaration shall provide for a Homeowners Association and set forth maintenance responsibilities for all common areas and facilities. C. Residential Use Enhancements 1. The applicant hereby proffers that the 3.13 -acre property shall be developed pursuant to the "Single-family small lot" detached dwelling unit option as permitted in the Residential Performance (RP) District. All other housing types allowed in Section 165 -65 are hereby prohibited. 2. The applicant hereby proffers to limit the total number of "Single- family small lots" to eleven (11), with all lots being subdivided to a minimum of 6,000 square feet within the privately held lot area. Each lot shall adjoin common open space areas along the rear property line. 3. The applicant hereby proffers that for those lots that share a driveway with an adjacent lot, the Declaration and the deeds for the affected properties shall set forth the maintenance responsibilities for the shared driveways. The applicant hereby proffers to serve the community with a private street. The cross sectional dimension of pavement thickness an compacted base thickness will meet or exceed the public street pavement section standards utilized by the VDOT. The Westbury Commons Homeowners Association shall be responsible for the maintenance of this street. All residential lots shall have frontage on the private street access easement. File #4079/A1C 2 Grcenway Engineering E. Age- Restricted Community The applicant agrees that the following language shall be included in the Declaration and the deeds conveying real property designated as age restricted housing on that portion of the property. All occupied residential units shall be occupied by at least one person fifty -five (55) years of age or older and within such units the following conditions shall apply: 1. All other residents must reside with a person who is fifty -five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty -five (55) years of age or older. Not withstanding this limitation, a person hired to provide live -in, long term or terminal health care of a person who is fifty five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. 2. Guests under the age of fifty -five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. 3. If title to any lot or unit shall become vested in any person under the age of fifty five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or revision of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he /she shall have attained the age of fifty -five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. Recreational Amenities G. Open Space August 13, 2004 Revisal September 29, 2004 Revised November 3, 2004 Revisal December 2, 2004 Revised December 22, 2004 Revised January 20, 2005 Westbury Commons Rezoning The applicant hereby proffers to construct a five -foot wide asphalt pedestrian trail system throughout the project, with connections to the center commons and community center as depicted on the Generalized Development Plan. The pedestrian trail shall be linked to the private street, at a minimum, via a crossing at the entrance and legal access in the vicinity of specific driveways, as depicted on the Generalized Development Plan. 1. The applicant hereby proffers to provide community commons open spade in the center and northwest quadrant of the project, as well as around the perimeter of the site. File #4079 /AJC 3 Greenway Engineering August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2,2004 Revised December 22, 2004 Revised January 20, 2005 H. Monetary Contribution to Offset Impact of Development Westbury Commons Rezoning 2. The applicant hereby proffers to provide a Category B full screen buffer along the portion of the northern project property line adjacent to existing B2 zoned parcel. 3. The applicant hereby proffers to provide a twenty -five (25) foot landscaped buffer along the western project property line, adjoining Westminster- Canterbury Drive (Route 1318). The undersigned owner of the above described property hereby voluntarily proffers that in the event rezoning application 13 -04 is approved, the undersigned will pay into the General Fund of Frederick County, Virginia $1,000 for each residential lot that is platted, to mitigate fiscal impacts to County services. This monetary contribution will be paid at the time of the building permit issuance for each residential lot. 2 11 File #4079/AJC 4 Grecnway Engineering I. Signatures Respectfully Submi to By: Commonwealth of Virginia, File #4079 /AJC August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Revised January 20, 2005 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Stuart Butler, President Harvest Communities, Inc. My Commission Expires rebrua 5 22, 2cC& Westbury Commons Rezoning Notary Public City/ ounty_of Jrredderfrk To Wit: The foregoing instrument was acknowledged before me this 313+ day of Jannua ✓L� 20 05 by S uovi l3U+ I peSIdeni 1 6lydth- CO Mal Uri HiC.S 5 Greenway Engineering fii achments: August 13,2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2094 1. Fiscal Impact Model Run for Westbury Commons (12 lots) 2. Location and Existing Zoning exhibit for Westbury Commons 3. eneralized Development Plan !xnt!;it for Wes!bur± Cornrncns 4. Conditional Zoning Proffer Statement for Westbury Commons Westbury Commons Rezoning File #4079/EAW /ajc 9 WILBUR C. HALL (1892 -1972) THOMAS V. MONAHAN (1924 SAMUEL D. ENGLE 0. LELANO MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F JACKSON HAND-DELIVERED Dear Mike: HALL, MONAHAN, ENGLE, MAHAN MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 1 b. 7 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 7039771050 ATTORNEYS AT LAW December 20, 2004 Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 9 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540 -662 -3200 FAX 540-6524304 E IawyersQNallmanahan corn Re: Harvest Communities, Inc. (Westbury Commons) Proposed Proffer Statement PLEASE REPLY TO: P. 0. Box 848 WINCHESTER, VIRGINIA 22604 0848 1 have reviewed the above referenced proposed Proffer Statement. It is my opinion that the Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following: 1. I would suggest, for uniformity and easy reference purposes, that the document be titled "Proposed Proffer Statement" and the statement of rezoning request, property, record owner, etc., be summarized at the beginning (see, for example, the Proposed Proffer Statement of Haggerty Property, recently reviewed). 2. In Paragraphs B.3 and D it is provided that the deeds to individual lots will provide for maintenance responsibility for shared driveways (B.3) and for the age restricted conditions (D). If the rezoning is granted, the owner will apply for and obtain subdivision approval, after which a document in the nature of a Deed of Michael T. Ruddy December 20, 2004 Page 2 HALL, MONAHAN, ENGLE, MAHAN MITCHELL Subdivision and Declaration of Restrictive Covenants "Declaration will be recorded, which will record the subdivision plat, will set forth the restrictive covenants on the property, and will provide for the property owners' association. It is my recommendation that the proffers provide that, in addition to being set forth the deeds to the individual lots, the subject provision will be set forth in the Declaration. 3. It is also my recommendations that the proffers provide that the maintenance responsibilities of the property owners' association [private street (Paragraph C); pedestrian trail (Paragraph E); community commons area (Paragraph F.1); full screen buffer (Paragraph F. 2); landscape buffer (Paragraph F.3)] will be set forth in the Declaration. In this regard, it is not clear whether the fence referenced in Paragraph F. 3 is to be maintained by the property owners' association or the individual lot owner, and that should be clarified. Also, it should also be specifically provided that the property owners' association shall have the maintenance responsibility for the community center building. 4. While the details of the pedestrian trail may be addressed at the subdivision plat stage, I note that the generalized development plan (GDP) shows the trail connecting at three points to private driveways. It would appear that a pedestrian trail easement would need to be placed on the three private driveways to connect the trail to the private street, assuming it is not the intention to have the trails dead -end at the driveways. It would probably be sufficient at this point to have the easements shown on the generalized development plan. 5. With respect to the monetary proffer (Paragraph G), the purpose or purposes of the monetary proffer should be detailed in the manner in which the County intends to expend the funds, as the County is required to account for the expenditure of the funds pursuant to Virginia Code 15.2- 2303.2(C). (It is noted in Paragraph I of the Impact Statement that the $1,000.00 per lot proffer is apparently intended to address impacts to County Administration, Fire and Rescue, Public Libraries, and Sheriff's Dept.) Michael T. Ruddy December 20, 2004 Page 3 HALL, MONAHAN, ENGLE, MAHAN MITCHELL 6. With respect to the community center depicted on the GDP, there should be a specific provision in the proffers that a community center shall be constructed by the owner, and a statement of the timing of the construction (prior to the sale of any lot You have noted that the GDP shows the community center accessed only by the pedestrian trail system, but that the center will have to be handicap accessible and provide parking, in addition to meeting other site planning requirements. Accordingly, the proffer should also include language to the effect that the community center shall be located as generally shown on the GDP, and will be handicap accessible, provide for parking, and meet other requirements of County ordinances. I have not reviewed the proffers as to whether the proffers are suitable and appropriate for the site, as it is by understanding that that review will be done by the staff and the Planning Commission. RTM /ks If there are any questions concerning the foregoing, please contact me. Very tru yours, Robert T. Mitche FAX TI" NS ISSION TO: ANDY CON I.OIJ COMPANY: (77W FAx 4 s� 722 «3.24 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540 /665 -6395 Date: 2 za O Number of Pages (including cover sheet) 1/ Remarks: YRont A RCULC-3 coM ME/v'S BUS •-t trust cet_L— W 6s &tRy co M tMt o K IS From the desk of: /ems O DEC -22 -04 03:46PM FROM- GREENWAY ill NEERING P.C. 5407229528 Greenway Engineering August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2. 2004 Revised December 22, 2004 Generalized Development Plan C. Residential Use Enhancements D. Private Street File x4079 /A1C Declaration 7 -165 P.002/005 F -230 Westbury Commons Rezoning The applicant hereby proffers to develop the 3.13- acre.. property -in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. A Deed of Subdivision and Declaration of Restrictive Covenants "Declaration shall be recorded with the subdivision record plat. The Declaration shall provide for a Homeowners Association and set forth maintenance responsibilities for all common areas and facilities. 1. The applicant hereby proffers that the 3-13 -acre property shall be developed pursuant to the "Single- family small lot" detached dwelling unit option as permitted in the Residential Performance (RP) District. All other housing types allowed in Section 165 -65 are hereby prohibited 2- The applicant hereby proffers to limit the total number of "Single- family small lots" to eleven (11), with all lots being subdivided to a minimum of 6,000 square feet within the privately held lot area. Each lot shall adjoin common open space areas along the rear property line. The applicant hereby proffers that for those lots that share a driveway with an adjacent lot, the Declaration and the deeds for the affected properties shall set forth the maintenance responsibilities for the shared driveways. The applicant hereby proffers to serve the community with a private street. The cross sectional dimension of pavement thickness an compacted base thickness will meet or VVV exceed the public street pavement section standards utilized by the VDOT- The Westbury Commons Homeowners Association shall be responsible for the maintenance of this street. All residential lots shall have frontage on the private street access easement. NOT cuR 2 DEC -22 -04 03:48PM FROM- GREENWAY ENGINEERING P.C. Greenway Engineering F. Recreational Amenities G. Oven Space File 04079 /A1C August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 540T229528 T -165 P.003 /005 F -230 Westbury Commons Rezoning E. Age Restricted Community he :applicant agrees >that the following language 3hall•.be included :in. the. Declaration and, the deeds conveying real property designated as age- restricted housing on that portion 'of the property. All occupied residential units shall be occupied by at least one person fifty -five (55) years of age or older and within such units the following conditions shall apply: 1. All other residents must reside with a person who is fifty -five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty -five (55) years of age or older. Not withstanding this limitation, a person hired to provide live -in, long term or terminal health care of a person who is fifty five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. 2. Guests under the age of fifty -five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. 3. If title to any lot or unit shall become vested in any person under the age of fifty five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or revision of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he /she shall have attained the age of fifty -five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. The applicant hereby proffers to construct a five -foot wide asphalt pedestrian trail system throughout the project, with connections to the center commons and community center as depicted on the Generalized Development Plan. The pedestrian trail shall be linked CO the private street, at a minimum, via a crossing at the entrance and legal access in the vicinity of specific driveways, as depicted on the Generalized Development Plan. 1. The applicant hereby proffers to provide community commons open space in the center and northwest quadrant of the project, as well as around the perimeter of the site NOT CURRENT 3 DEC -22 -04 03:48PM FROM- GREENWAY F,gGINEERiNG P.0 Greenway Engineering File #4079 /AlC August 13,2004 Revised September 2c 2004 Revised November 3.:004 Revised December 2. 2004 Revised December 22, 2004 5407229528 T -165 P.004/005 F -230 Westbury Commons Rezoning 2. The applicant hereby proffers to p.:;vide a Category B full screen buffer along the portion.ofthe northern project property line.adjacenttoexistingB2,zoned parcel. 3. The applicant hereby proffers to provide a twenty -five (25) foot landscaped buffer along the western project property line, adjoining Westminster Canterbury Drive (Route 1318). A fence, of a minimum four feet in height, shall be constructed along the residential lot lines that adjoin this buffer. (co L J \cLSC H. Monetary Contribution to Offset impact oevelopment The undersigned owner of the above described property hereby voluntarily proffers that in the event rezoning application is approved, the undersigned will pay into the General Fund of Frederick County, Virginia $1,000 for each residential lot that is platted, to mitigate fiscal impacts to County services. This monetary contribution will be paid at the time of the building permit issuance for each residential lot. NOT CUNT 4 DEC -22 -04 03:49PM FROM- GREENWAY F,iIGINEERING P.C. 5407229528 Greenway Engineering August 13, 2004 Revue•' September 29, 2004 Revise" November 3, 2004 Revir7d December 2, 2004 Revised December 22, 2004 Respectfully Submitted: I. Signatures iThe.eonditions:proffered:above shall be binding upon:the+heirsic executors, administrators, assigns and successors in the interest of the applicant and owner_ .In the event. the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. By: Stuart Butler, President Date Harvest Communities, Inc. T -165 P.005/005 F -230 Westbury Commons Rnoning Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires File #4079/A1C Notary Public NOT CURRENT 5