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Home My WebLink About08-05 Proffer StatementGreenway Engineering April 22, 2005 Jasbo, Inc. Rezoning Revised May 12, 2005 JASBO, INC. PROFFER STATEMENT REZONING: RZ# Residential Performance (RP) with Conditions to Residential Performance (RP) with Modified Conditions PROPERTIES: 103.74 -acres Tax Parcels 76- ((A)) -22; 76- ((A)) -23 and 76B- ((1)) -5 -312 through 76B- ((1)) -5 -385 RECORD OWNERS: Jasbo, Inc. APPLICANT: Jasbo, Inc. PROJECT NAME: Canter Estates Section V ORIGINAL DATE OF PROFFERS: October 4, 2002 REVISION DATA: May 12, 2005 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 (Chapter 165 of the Code of Frederick County, VA) 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 to modify the proffer statement that received conditional zoning approval as a part of Rezoning Application #011 -02 which rezoned 103.74 acres from the Residential Performance (RP) District with conditions to Residential Performance (RP) District with modified conditions, 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 In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever.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 this applicant and their legal 4rr( successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Jasbo, Inc. (the "Applicant") being the remainder of Tax Map Parcel 76-((A))-22 and 76- ((A)) -23 and Tax Map Parcels 76B- ((1)) -5 -312 through 76B- ((1)) -5 -385 as further described by Instrument No. 050007491 in the Frederick County Clerk of the Circuit Court Office. File #2291 BIEA W I 4 0 1 Greenway Engineering Generalized Development Plan April 22, 2005 Revised May 12, 2005 Monetary Contribution To Offset Impact Of Development 3,484.29/1ot for Frederick County Public Schools 591.06/lot for Frederick County Parks and Recreation 12.62/lot for Frederick County Fire and Rescue Jasbo, Inc. Rezoning The undersigned owners of the above described property hereby voluntarily proffer that in the event rezoning application is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: This payment, totaling $4,087.97/lot, is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid at the time of the building permit issuance for each residential building lot. The Applicant hereby proffers to develop the 103.74 -acre property in substantial conformance with a Generalized Development Plan prepared by Greenway Engineering and dated April 2005 and approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the road systems that will serve the residential lots and the location of the future extension of Parkins Mill Road. Voluntarily proffered is the attached Generalized Development Plan including the following improvements: 1. The Applicant hereby proffers that no more than 250 single family lots shall be developed on the 103.74 acres to be zoned RP District. No multi family units shall be constructed on this property. 2. The Applicant hereby proffers that the development of the subject property shall provide for a street layout connecting with Brabant Drive in Canter Estates Section III, and for a connection to the future extension of Parkins Mill Road on the west side of Front Royal Pike (Route 522). 3. A traffic impact study will be conducted using Virginia Department of Transportation (VDOT) procedures for the development within the subject property. The traffic impact study will be conducted during the Subdivision Design Plan process. Improvements to Front Royal Pike (Route 522) and the interior roads will be constructed by the applicant as determined by VDOT. o 4. Steep slope and environmental areas, as defined by the Frederick County Zoning Ordinance, that are located along the subject property line bordering Opequon File #2291 B /EA W 2 Greenway Engineering Signatures April 22, 2005 Creek shall be maintained to preserve the viewshed of the Frederick Hall historic structure #34 -143). The location of Frederick Hall and the area along the subject property line bordering the Opequon Creek are provided on the Generalized Development Plan and on the required Master Development Plan for the subject property. 5. The Applicant will enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Front Royal Pike (Route 522) and Clydesdale Drive. The signalization agreement will provide that the Applicant will be responsible for 50% of the cost for traffic signalization at this intersection. The 50% cost for traffic signalization may be provided to Frederick County and utilized as the local match for Revenue Sharing Funds or other like funds if deemed appropriate by VDOT. 6. The Applicant will provide language within the deed of dedication for Canter Estates Section V that provides for the dedication of right -of -way for the reserved future Parkins Mill Road at no cost to Frederick County. This right -of -way dedication will be provided to Frederick County within 90 days after receiving a written request from Frederick County. 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. Respectfully Submitted: By 4 Beverley Shoemaker, President Commonwealth of Virginia, City /County of Frecienck To Wit: }h The foregoing instrument was acknowledged before me this 18 day of 2005by Pe_ VerIe- B. S Inc tmc`Ker My Commission Expires /oaezmht ?v. a.e File #22916 /EAW Revised May 12, 2005 5 /g 65 Date Notary Public Jasbo, Inc. Rezoning 4 y ';7!h; C,Q414% k1 -CJ' 3 Greenway Engineerin.' REZONING: RECORD OWNERS: Jasbo, Inc. APPLICANT: Jasbo, Inc. REVISION DATA: April 20, 2005 Preliminary Matters File 42291B/EAW April 22, 2005 PROJECT NAME: Canter Estates Section V ORIGINAL DATE OF PROFFERS: October 4, 2002 JASBO, INC. PROFFER STATEMENT Jasbo, Inc. Rezoning RZ# Residential Performance (RP) with Conditions to Residential Performance (RP) with Modified Conditions PROPERTIES: 103.74 -acres Tax Parcels 76- ((A)) -22 and 76- ((A)) -23 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 to modify the proffer statement that received conditional zoning approval as a part of Rezoning Application #011 -02 which rezoned 103.74 acres from the Residential Performance (RP) District with conditions to Residential Performance (RP) District with modified conditions, 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 this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Jasbo, Inc. (the "Applicant being all of Tax Map Parcel 76- ((A)) -22 and 76- ((A)) -23 as further described by Deed Book 935 Page 1531 in the Frederick County Clerk of the Circuit Court Office. Greenway Engineering April 22, 2005 Monetary Contribution To Offset Impact Of Development The undersigned owners of the above described property hereby voluntarily proffer that in the event rezoning application is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: 3,484.29/lot for Frederick County Public Schools 591.06/lot for Frederick County Parks and Recreation 12.62/lot for Frederick County Fire and Rescue This payment, totaling $4,087.97/lot is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid at the time of the building permit issuance for each residential building lot. Generalized Development Plan Jasbo, Inc. Rezoning NOT CURRENT The Applicant hereby proffers to develop the 103.74 -acre property in substantial conformance with a Generalized Development Plan prepared by Greenway Engineering and dated April 2005 and approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the road systems that will serve the residential lots and the location of the future extension of Parkins Mill Road. Voluntarily proffered is the attached Generalized Development Plan including the following improvements: 1. The Applicant hereby proffers that no more than 250 single- family lots shall be developed on the 103.74 acres to be zoned RP District. No multi family units shall be constructed on this property. 2. The Applicant hereby proffers that the development of the subject property shall provide for a street layout connecting with Brabant Drive in Canter Estates Section III, and for a connection to the future extension of Parkins Mill Road on the west side of Front Royal Pike (Route 522). 3. A traffic impact study will be conducted using Virginia Department of Transportation (VDOT) procedures for the development within the subject property. The traffic impact study will be conducted during the Subdivision Design Plan process. Improvements to Front Royal Pike (Route 522) and the interior roads will be constructed by the applicant as determined by VDOT. 4. Steep slope and environmental areas, as defined by the Frederick County Zoning Ordinance, that are located along the subject property line bordering Opequon File #2291 n /EAW 2 Greenway Engineering April 22, 2005 Creek shall be maintained to preserve the viewshed of the Frederick Hall historic structure #34 -143). The location of Frederick Hall and the area along the subject property line bordering the Opequon Creek are provided on the Generalized Development Plan and on the required Master Development Plan for the subject property. 5. The Applicant will enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Front Royal Pike (Route 522) and Clydesdale Drive. The signalization agreement will provide for 50% of the cost for traffic signalization at this intersection. Signatures 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. Respectfully Submitted: By:1.(A1,/.�1 t4cZ�, 2G�. 1 22 05 lot CU Date everley B. Shoemaker, President Commonwealth of Virginia, Git.y /County of F C The foregoing instrument was acknowledged before me this 20rA by My Commission Expires R/ Sc) 6"1 File 4229IWEAW To Wit: Jasbo, Inc. Rezoning 3 NZ File #2291 R /EAW Proffer Statement