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Home My WebLink About04-15 Proffer StatementCoy 0 W a� AMENDMENT w , 17311 ' .Action: PLANNING COMMISSION: May 20, 2015 - Recommeided,Approval BOARD OF SUPERVISORS: July 8, 2015 I APPROVED ❑ DENIED AN ORDINANCE AMENDING REZONING #04-15 OF ABRAM'S CHASE (PROFFER AMENDMENT) WHEREAS; Re7oning 404- 15,,,Abram7 's Chase (Proffer Amendment), submitted, by Greenway Engineering, I;nc., to revise proffers associated with Rezoning #11 -06 requesting to amend the proffer statement'to'restrict the residential uses to age - restricted residential uses. In addition, the modification to` the proffer statement to reduce the monetary contribution to offset, the impact of'the development is accurate and reflects the .change to age= restricted residential; uses; and WHEREAS; the Plannin g Commission held meetin g on ths�rezoning on.-May 20, 2015 and recommended approval; and W'HERE'AS, the Board of Supervisors held,apublic meeting on`this rezoning on July 8,2015; and WHEREAS,, the Frederick County Board of Su pervisors finds the approval of this rezoning proffer amendment to be in the best interest of the public health, safety, welfare, and in conform- ante with the Comprehensive Policy` Plan;; NOW; THEREFORE, BE" IT ORD °AINED by the Frederick County Board of Supervisors that the proffers associated. with Rezoning ° #11- 06;,havebeen amended-to restrict the residential uses to age= restricted.-residential uses and to modify the monetary contribution to reflect this change. PDRes431 -15 BOS Res.: #00-5 -15 1i» -2= This ordinance shall be in effect, on the date of adoption. Passed this 81h day .of July, 2015 by the following recorded' vow- Richard C. Sh_ ickle; Chairman. Aye Gary A. Lofton Aye Aye Aye Robert A. Hess Robert W. Wells, Gene' E. Fisher Aye Charles S: DeHaven, Jr: Aye Aye Jason, E-. `Ransom A, COPY ATTEST renda'G. Garton Frederick .County Administrator V11<61NIA: FR DERICK COU.NTY.SC L, This instrument of writing was produced to ne on and with cer:t;f;c;r.: ;� .: ��Ledgemcn •t.hereii� annexed $ ,, and' 5$1 -S01 have been paid, if assessable. Clerk PDRes431 -15 BOS Res.: #00-5 -15 Is0;006616 G'eenwayEngineding January, 11,2007 Abi'an s Chase Age - Restricted Rezoning Revised March 17, 2015 R&ised'April 21, 201'5 ABRAM S CHASE PROFFER STATEMENT REZONING: RZ# - Conditional Zoning Amendment RP, Residential Performance District with_Proffers to RP, Residential; Performance District with Revised Proffers PROPERTIES:. RECORD OWNERS: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: 3:.25± -acres Tax :Parcels 65- ((A)) -27A & 6540)) ='28A Harvest Communities, Inc. Harvest Communities, Inc. Abram's Chase Age - Restricted Subdivision January H, 2007 REVLSION DATE- April.2`1,,2015 r Preliminary Matters; Pursuant to Section -15.2 2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code ") and -the . provisions of the .Frederick County, Zoning Ordinance (the 1 i "Ordinance ") with respect to conditional zoni- ng, Harvest Communities, Inc.,. (the "Applicant ") hereby proffers, that in the event the. Board of Supervisors of Frederick County, Virginia, shall approve conditional Zoning amendments' pertaining to Rezoning Application #L1 -06, for the 325f-acres (the "Property") from the RP, Residential Performance Districtwith"approved proffers to RP, Residential Performance District with reyis'ed- proffers, development of the subjeet.propertyshall 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 andl their legal, successors, heirs, or assigns: The term. "Applicant" herein shall also.ncludew.within its'meaning the owner of the properties that are subject to these proffers and such',owner'.s legal successors, heirs, and assigns. The subject Property, identified as the Abrams Chase Subdivision, and more particularly 'described as the land's owned by Harvest Communities, Inc., :being all :of Tax Map Parcels 65- ((A)) 727A and,65- ((A)) -28A, recorded as Instrument Number 050028946,, and File ' #4545 A /EA W A O.. W • Greenway Engineering • January 11, 2007 Abram's Chase Age - Restricted Rezoning Reeised`March 17,.2015 Revised'April 21, 2015 further identified by plat and survey dated June 12, 1998, prepared by Edward W. Dove,, LS., of Dove & Associates, recorded as Deed Book 9 0,'Page 38.1. A. Generalized Development, Plan The Applicant hereby proffers to develop the. Property in substantial conformity with the attached Generalized .Development Plan ( "GDP ') dated March -17, 20.15 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane And turn. lane on Sensen.y Road' (Route 657), the 10 -foot bicycle /pedestrian facility; the internal road system with 'inter- parcel connectivity, the general location of residential. lots and the open space/buffer areas. B. Residential Land Use< The Applicant hereby proffers to develop a maximum of 13 single- family small lot detached residential dwelling units that will'be age- restricted. C. Transportation Enhancements 1. The Applicant hereby` proffers to construct an internal public street with a temporary, turnaround' that will be designed to provide for inter - parcel connecti,�ity to Tax. Map Parcel 65- ((A)) =2.5B. 2. The Applicant .hereby' proffers to construct a new westbound travel lane on Senseny Road ,(Route 65,'7) that is 12 7feet in width and is, located along, the Property frontage within the public right -of. -way.. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance'serving the Property. This `improvement shall be bonded and constructed concurrently with the internal public street; serving�the: Property: 3. The: Applicant hereby proffers to construct a right turn and taper lane within the public. right-of-way to the entrance, serving the Property. This improyemenf shall be bonded and constructed concurrently with the internal public street serving °the Property. pp y p 'g y sufficient to provide for 45`feet'�from the - existing Senseny Road (Route 657) centerl 4. The .A licant .hereb. coffers to dedicate r1 ht -of -wa su line of record. This right -of =way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the age - restricted residential lots and internal public street ^system serving the Property. F1le44545A /CAW 2 0 ... C.7n Greenway Engineering, January 7 I, 2007 Abram's Chase; Age-Restricted Rezoning O Revised March 17. 2015 Revised April 21,-2015 W 5. The Applicant hereby proffers to construct a 0 -foot asphalt,. bicycle /pedestrian :facility along the frontage of the Property. This, improvement shall be bonded and constructed concurrently with the internal public street serving the,Property. 6. The Applicant hereby proffers to provide for a .cu_rb cut along the :internal public street serving the Property to allow for ingress /egress for Tax Map Parcel 65- ((A)) =26A. The Applicant shall establish an 'ingress /egress easement for the benefit of Tax Map Parcel. 65 -((A)) -26A that shall be incorporated into the final plat and deed for °the Abram's Chase Age - Restricted Subdivision. Additionally; an easement, shall'be provided at this general. location: for, the benefit of Tax Map Parcel 65 =((A)) -26A to allow for public water and sewer connections to the Abram's Chase Age- Restricted Subdivision public water and sewer lines at the expense of others. 7. The Applicant hereby, proffers to provide a monetary contribution of $1,000:00 for each age - restricted, residential; lot to be used towards :future improvements to the Senseny Road corridor. This monetary contribution will be paid to Frederick County at the time of issuance of the occupancy permit, associated with each age - restricted residential lot and may be used by Frederick County as local .matching funds for qualifying transportation projects at the discretion of the County. D. N[6netary Contribution to "Offset Impact of`Development The Applicantwill pay to the- Treasurer of Frederick County, Virginia $2,835.00 for each residential lot- that is platted to completely mitigatez Capital Facilities Impacts identified, below. This monetary "contribution will be. paid at the time of issuance of ,the occupancy, .permit associated with each age- restricted residential lot and is to be ,distributed in the ,amounts as follows: Fire and Rescue $` 554.00 General Government $ , 41.00 Library $ 496:00 Parks and.:Recreation $ -1;742:00 Pile,#4545A%E'AW ' 3 i i } . i Greenway Engineering, January`l 1. 2007 Abram's Chase.Age- Restricted_ Rezoning, ' Revised March 17, 2015 -- Revised April 21, 2015' W J E. Signature The conditions proffered above shall be binding upon the Applicant.and its assigns and successors in interest. Jn the event the Frederick County Board of Supervisors grants this rezoning and. accepts the proffered conditions, the proffered conditions shall apply to the hand rezoned in, ".addi'tion to .other. requirements set forth in the Frederick County Ordinance. Respectfully Submitted: By: Stuart.Butler; President Harvest Communities, Inc. Commonwealth of Virginia, City /County of Cx�N To Wit; aat The foregoing instrument was acknowledged.before me this 23 day of , rit 2o—L5 by 64'VCa C4 k My Commission Expires -3eQ�-.. 3o' aO is File #4545A/EAW Notary Public P p p �. My Comm. Expires n ; Septerntier,30.2015 o No. 7135427: z UBO �'FALTH '011111,W, 4 g Z T M m r D D m ,D m D m �� off, � ` .,�; � i �,•,_; i` . .._.: CD;:. co 'W z z - -� m cn D D c cn �. . m m O: n m m n . � D. m n z m m D `� m D M M m n n � � D D D D X X / / � CD;:. co 01 "m 0- "m m _ O r z z o o c O v GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 2261 v v M m F1vn '97' G RE E NWAN ENGINEERING Telephone: (540) 662 -41E Fax: (540) 722 -9528 www.greenwayeng.corr T1 O C7 r z X n w n v D D � T1 m P m _m c� rn D -o n z m D O T1 0 m X W 22 > m D Ti c D m m -I T1 -j z � 0 m T1 z m y O x x -� 0 � _ > n � m v D m 0 ABRAM'S CHASE AGE - RESTRICTED SUBDIVISION 151 Windy Hill Lane GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 2261 n` ° N RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VA F1vn '97' G RE E NWAN ENGINEERING Telephone: (540) 662 -41E Fax: (540) 722 -9528 www.greenwayeng.corr