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HomeMy WebLinkAbout08-05 Comments (2)N. Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540 /665 -6395 FAX Tr; NSMISSIO COUNTY of FREDERICK Date: i ip' /o Number of ges (including cover sheet) From the desk of: 4/c Date Time Destination Jun. 17. 6:45AM Batch E ECM Reducti on A RX Notice Immediate TX Result Report Jun. 17. 2005 6:47AM 15406655599 G37ES> Fax Header) P. 1 File Mode TXtime Page Result User Name No. 2 P. 9 OK 1563 M Memory L Send later Forwarding S Standard D Detail F Fine LAN —Fax Delivery O RX Notice Rea. July 18, 2005 Frederick County Planning Department Attn: Michael Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Canter Estates Section V Dear Mike: 1 appreciated the opportunity to meet with Supervisor Fisher, VDOT Officials and you today to discuss transportation safety measures associated with the referenced subdivision. As a result of this meeting, Jasbo, Inc. agrees to provide the following transportation and emergency access improvements to enhance public safety within this area of the County: Jasbo, Inc. will fully fund the installation of a new traffic signal at the intersection of Front Royal Pike (Route 522 South) and Clydesdale Drive once VDOT advises Frederick County that signalization warrants have been met at this intersection. Jasbo, Inc. will fully fund the installation of traffic signal advance warning signs on Front Royal Pike at appropriate locations as determined by VDOT. Jasbo, Inc. will construct a gated emergency access drive between Front Royal Pike and Brabant Drive to specifications that are acceptable to the Frederick County Fire Rescue Director. The Subdivision Design Plan for Canter Estates Section V calls for a build -out of 146 single- family dwelling units; therefore, the projected average daily traffic volume will be reduced by more than 1,000 vehicle trips that were projected during the Master Development Plan approval process. This reduction in traffic, coupled with the off -site transportation safety measures and emergency access improvements will benefit the residents of Canter Estates and the traveling public. Jasbo, inc. requests that Frederick County provide written confirmation that the transportation and emergency access improvements outlined above satisfies the current proffered conditions for the Canter Estates Section V Subdivision. File #2291 n /EAW Sincerely, Once again, I appreciate the efforts of the County and VDOT regarding this matter. Please do not hesitate to contact me if you have any questions regarding the information in this letter, or if you need any additional information Evan Wyatt, AICP Greenway Engineering Cc: Gene Fisher, Shawnee District Supervisor Jerry Copp, VDOT Resident Engineer Beverley Shoemaker, Jasbo, Inc. Michael Bryan, P.L.C. File #2291BIEAW 2 FAX T SMDSSOON TO: bcs FACT' I-1 COMPANY: FAX 4:C o) 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: 1 5 1L o C S Number of Pages (including cover sheet) Remarks: LAPD•4 -E> D 5i qN c..b VEKStcr-Nj cF Prc) re-L S fRX& Cr1- tv V Pf2u From the desk of: M 1(c ]a u bbx Greenway Engineering 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 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-((AD-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 42291B /SAW April 22, 2005 Jasbo, Inc. Rezoning Revised May 12, 2005 Greenway Engineering Monetary Contribution To Offset Impact Of Development Generalized Development Plan April 22, 2005 Jasbo, Inc. Rezoning Revised May 12, 2005 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. 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 If 229IB/EAW 2 Greenway Engineering 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. 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:' Beverley Commonwealth of Virginia, City /County of Frecier,Gk To Wit: The foregoing instrument was acknowledged before me this I8 day of Me 20 05by Be.V 42-r C1 B S l exec Ker C �aiac Notary Public My Commission Expires /2r'evm/tr 3 0, afzS File 42291 B/EAW April 22, 2005 Jasbo, Inc. Rezoning Revised May 12, 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. Allattnallut, 2' 5 -/7 Shoemaker, President Date 3 Date Time Destination Immediate TX Result Report May. 20. 2005 2:40PM May.20. 2:39PM HALL MONOHAN ENGLE G3TES Batch M Memory L Send later E ECM S Standard D Detail Reduction LAN —Fax Delivery A RX Notice Fax Header) P. 1 File Mode TXtime Page Result User Name No. 0 '56' P. 4 O< 1395 Forwarding F Fine O RX Notice Rea. WILBUR C. HALL (1892 -1972) THOMAS V. MONAHAN (1924 -1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. Dear Mike: HALL, MONAHAN, ENGLE, MAHAN MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS TELEPHONE 703 777 :050 ATTORNEYS AT LAW Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 May 20, 2005 I a n EAST MARKET STREET 9 EAST ROSCAWEN STREET I LEESBURG, VIRGINIA WINCHESTER, VIRGINIA TELEPHONE 540-662 -3203 FAX 540662 4304 E lawyers @hallmonahan.com MAY 2 3 2005 PLEASE REPLY TO: P. 0. Box 848 WINCHESTER, VIRGINIA 22604-0848 Re: Jasbo, Inc. (Canter Estates Section V) Proposed Proffer Statement I have reviewed the above referenced Proposed Proffer Statement. It is my opinion that the Proposed Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and is legally sufficient as a proffer statement. This Proffer Statement is to revise previously approved proffers on this property, and restates the previously approved proffer statement, with certain revisions. My review of this Proffer Statement indicates that the only substantive revision is to Paragraph No. 5 on page 3. As the remainder of the Proffer Statement has been previously reviewed and approved, my review of this Proffer Statement is limited to the proffer set forth in Paragraph 5 on page 3. I find that the proffer set forth in amended Paragraph 5 on page 3 is in proper form as an enforceable proffer, with the comment that the timing of the installation of the signalization is not set forth in the proffer Therefore, the signalization will not HALL, MONAHAN, ENGLE, MAHAN MITCHELL Michael T. Ruddy, AICP Frederick County Department of Planning Development May 20, 2005 Page 2 necessarily be in place upon development of the development, unless the signalization agreement -with VDOT so provides. If the County expect the signalization to be installed prior to issuance of an occupancy permit in the development, the Proffer Statement should be revised to so provide. Further, the County should determine if the 50% contribution cap is appropriate under the circumstances. RTM /glh If there are any questions concerning the foregoing, please contact me. ery truly yours, Robert T. Mitchell rounded in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T 1 A L Project Name: Canter Estates Section V Revised Proffer Statement File No: 2291B Date May 17, 2005 Urgent To: EC Planning Attn: Mike Ruddy Copied Beverley Shoemaker Mike Bryan E. For Your Review From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 As You Requested n Please Comment Message: Hi Mike, Please find attached the revised Proffer Statement with original signature and notary, which provides for the new parcel numbers for the lots in Canter V Phase 1; the revisions requested by VDOT for the signalization agreement and the language pertaining to Parkins Mill Road that you requested. These revisions did not require any modifications to the GDP; therefore, the 69 color copies that were previously submitted are still valid. Please advise me if you need any additional information at this time and I will forward it to you. Thank you once again for your assistance regarding this matter. Evan Greenway Engineering Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com 1 MAY 1 8 2005 Greenway Engineering 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 April 22, 2005 Jasbo, Inc. Rezoning Revised 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 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 #2291B/E.AW Greenway Engineering Generalized Development Plan April 22, 2005 Jasbo, Inc. Rezoning Revised May 12, 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. 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 #22918/EA W 2 Greenway Engineering Signatures April 22, 2005 Jasbo, Inc. Rezoning Revised May 12, 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. 3 Beverley Shoemaker, President Commonwealth of Virginia, City /County of Freckrlok To Wit: Date net The foregoing instrument was acknowledged before me this /a day of t 2005by S hoemcc.l;e r My Commission Expires 7 /6i'e whin- 30. ;26 File #229IB/EAW C 3 ;A i L! l<1 c f1 Notary Public 3 WILBUR C. HALL (1892 -1972) THOMAS V. MONAHAN (1924 -1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. Dear Mike: A PARTNERSHIP OF PROFESSIONAL CORPORATIONS I S 7 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 703-777-1050 ATTORNEYS AT LAW May 20, 2005 Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 HALL, MONAHAN, ENGLE, MAHAN MITCHELL B EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540- 662 -3200 FAX 540-662 -4304 E lawyers @hallmanahar.com MAY 2 3 2005 PLEASE REPLY TO: P. 0. BOX 848 WINCHESTER, VIRGINIA 22604 -0848 Re: Jasbo, Inc. (Canter Estates Section V) Proposed Proffer Statement I have reviewed the above referenced Proposed Proffer Statement. It is my opinion that the Proposed Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and is legally sufficient as a proffer statement. This Proffer Statement is to revise previously approved proffers on this property, and restates the previously approved proffer statement, with certain revisions. My review of this Proffer Statement indicates that the only substantive revision is to Paragraph No. 5 on page 3. As the remainder of the Proffer Statement has been previously reviewed and approved, my review of this Proffer Statement is limited to the proffer set forth in Paragraph 5 on page 3. I find that the proffer set forth in amended Paragraph 5 on page 3 is in proper form as an enforceable proffer, with the comment that the timing of the installation of the signalization is not set forth in the proffer Therefore, the signalization will not RTM /glh w HALL, MONAHAN, ENGLE, MAHAN MITCHELL Michael T. Ruddy, AICP Frederick County Department of Planning Development May 20, 2005 Page 2 necessarily be in place upon development of the development, unless the signalization agreement -with VDOT so provides. If the County expects the signalization to be installed prior to issuance of an occupancy permit in the development, the Proffer Statement should be revised to so provide. Further, the County should determine if the 50% contribution cap is appropriate under the circumstances. If there are any questions concerning the foregoing, please contact me. ery truly yours, Robert T. Mitchell Rezoning #08 -05 of Canter Estates Section V Subject: Rezoning #08 -05 of Canter Estates Section V Date: Tue, 31 May 2005 12:59:41 -0400 From: "Scott Anderson" <scotta2 @adelphia.net> To: <mruddy @co.frederick.va.us> CC: "Chrissie Bukowski" <bukowski3 @yahoo.com "Harry Newman" <harry.newman @adelphia.net>, "Jeffrey Piacquadio" <panaj204 @aol.com "Rayna Coleman" <rcoleman @SummitFGl.com "Yolanda van Houten" <dutchozdiva2 @aol.com> Mr. Ruddy, I live in Canter Estates. I think it is a fair assessment to say that we, as a community, have had a lot of issues with this developer. Can you please explain to me what is being revised below? "Rezoning #08 -05 of Canter Estates Section V, submitted by Greenway Engineering, to revise proffers concerning the rezoning of 103.74 acres to RP (Residential Performance) District." Thank you, Scott Anderson 104 Exmoor Court Stephens City, VA 22655 scotta2 net 1 of 1 6/1/2005 8:59 AM rounded in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Canter Estates Section V Transportation Improvements Letter File No: 2291B Date July 26, 2005 Copied To: FC Planning Attn: Mike Ruddy Urgent For Your Review Greenway Engineering Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 As You Requested Please Comment Message: Hi Mike, Please find attached the final letter pertaining to the transportation and emergency access improvements associated with the Canter Estates Section V project as discussed during our meeting in Gene Fisher's office, as well as at your office. Please provide me with written confirmation regarding this matter and I will then submit the formal withdrawal letter for the pending rezoning application. Please contact me if you have any questions. Thank you! Evan Founded in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 July 18, 2005 Frederick County Planning Department Attn: Michael Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Canter Estates Section V Dear Mike: I appreciate the opportunity to meet with Supervisor Fisher, Virginia Department of Transportation (VDOT) Officials and you today to discuss transportation safety measures associated with the referenced subdivision. In order to satisfy current proffered conditions for Canter Estates Section V, Jasbo, Inc. agrees to provide the following transportation and emergency access improvements to enhance public safety within this area of the County: Jasbo, Inc. will execute a signalization agreement with VDOT to fully fund the installation of a new traffic signal at the intersection of Front Royal Pike (Route 522 South) and Clydesdale Drive, which will be installed by VDOT once VDOT advises Frederick County that signalization warrants have been met at this intersection. Jasbo, Inc. will fully fund the installation of traffic signal advance warning signs on Front Royal Pike at appropriate locations as determined by VDOT, which will be installed by VDOT once VDOT advises Frederick County that signalization warrants have been met at this intersection. Jasbo, Inc. will construct a gated emergency access drive between Front Royal Pike and Brabant Drive to specifications that are acceptable to the Frederick County Fire Rescue Director. Jasbo, Inc. will execute said signalization agreement with VDOT and will construct said gated emergency access drive between Front Royal Pike and Brabant Drive prior to the approval of the subdivision plats for Canter Estates Section V Phase 2 by Frederick County. The Subdivision Design Plan for Canter Estates Section V calls for a build -out of 148 single- family dwelling units even though the approved Master Development Plan allows for the construction of 250 single family dwelling units; therefore, the projected average daily traffic volume associated with this development will be reduced by more than 1,000 File #2291 B/EA W Engineers Surveyors Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwaveng.com vehicle trips that were projected during the Master Development Plan approval process. This reduction in traffic, coupled with the off -site transportation safety measures and emergency access improvements to be provided by Jasbo, Inc. will benefit the residents of Canter Estates and the traveling public. Jasbo, Inc. requests that Frederick County provide written confirmation that the transportation and emergency access improvements outlined above satisfies the current proffered conditions for the Canter Estates Section V Subdivision. Once again, I appreciate the efforts of the County and VDOT regarding this matter. Please do not hesitate to contact me if you have any questions regarding the information in this letter, or if you need any additional information. Sincerely, a Evan Watt, AICP Greenway Engineering Cc: Gene Fisher, Shawnee District Supervisor Jerry Copp, VDOT Resident Engineer Beverley Shoemaker, Jasbo, Inc. Michael Bryan, P.L.C. File 42291131EAW 2 Founded in 1971 June 15, 2005 GREERWWY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Frederick County Fire Rescue Attn: Gary DuBrueler, Director 107 North Kent Street Winchester, VA 22601 RE: Canter Estates Section V Emergency Access Drive Dear Gary: Thank you once again for meeting with me yesterday to review the Canter Estates Section V Subdivision Plan and for conducting a site visit to evaluate the location and construction of the emergency access drive on Front Royal Pike (Route 522 South). The purpose of this letter is to receive confirmation from your department regarding the location and construction of this improvement. The following improvements were agreed upon: The existing gravel driveway, which connects to Front Royal Pike will remain open. A new emergency access drive will be constructed from the existing gravel driveway, which will be compacted with base stone and topped with a gravel surface sufficient to support emergency equipment. The emergency access drive will follow the existing 20 -foot water line easement and will be constructed of compacted base stone with a grass surface between Lots 452 and 453. A mountable curb will be provided where the 20 -foot emergency access drive intersects Brabant Drive with and will be painted to prohibit on- street parking in this area. There will not be a need to install fire lane signs along the 20 -foot emergency access drive between Lots 452 and 453. Your signature conforms that the proposed emergency access drive improvements specified above is appropriate and will satisfy all requirements of the project developer regarding this matter. Thank you for your assistance regarding this matter. Sincerely, We i Evan Watt. AICP Greenway Engineering I confirm that the information in this letter is accurate. Gary DuBrueler, Frederick County Fire Rescue Director Engineers Surveyors Telephone 540- 662 -4185 FAX 540 -722 -9528 tvww.greenwaceng.mni File #2291[ /EAW Date Founded in 1971 June 15, 2005 Winchester, Virginia 22602 Frederick County Fire Rescue Attn: Gary DuBrueler, Director 107 North Kent Street Winchester, VA 22601 RE: Canter Estates Section V Emergency Access Drive Dear Gary: GREENWIY ENGINEERING 151 Windy Hill lane Thank you once again for meeting with me yesterday to review the Canter Estates Section V Subdivision Plan and for conducting a site visit to evaluate the location and construction of the emergency access drive on Front Royal Pike (Route 522 South). The purpose of this letter is to receive confirmation from your department regarding the location and construction of this improvement. The following improvements were agreed upon: The existing gravel driveway, which connects to Front Royal Pike will remain open. A new emergency access drive will be constructed from the existing gravel driveway, which will be compacted with base stone and topped with a gravel surface sufficient to support emergency equipment. The emergency access drive will follow the existing 20 -foot water line easement and will be constructed of compacted base stone with a grass surface between Lots 452 and 453. A mountable curb will be provided where the 20 -foot emergency access drive intersects Brabant Drive with and will be painted to prohibit on -street parking in this area. There will not be a need to install fire lane signs along the 20 -foot emergency access drive between Lots 452 and 453. Your signature conforms that the proposed emergency access drive improvements specified above is appropriate and will satisfy all requirements of the project developer regarding this matter. Thank you for your assistance regarding this matter. Sincerely, 1 C. Evan Wsatt,AICP Greenway Engineering I confirm that the information in this letter is accurate. Gary DuBrueler, Frederick County Fire Rescue Director Date File 42291 BIEA W Engineers Surveyors Telephone 540- 662 -4185 FAX 540- 722 -9528 WWW. greenwayengmm Canter V 1 oft Subject: Canter V Date: Mon, 06 Jun 2005 16:32:21 -0400 From: Mike Ruddy <Mruddy @co.frederick.va.us> To: Evan Wyatt <ewyatt @greenwayeng.com> CC: Eric Lawrence <elawrenc @co.frederick.va.us> Hi Evan: Hope your week has started off well. This is a follow up to my voice -mail message. Eric, Larry, John, and I have concluded that the best approach to take regarding the requested modifications to the Canter V project is as we discussed on Friday. This is based on our concern that the other properties have a legal interest in the proffered condition /rezoning amendment process. In summary, we want to make it as easy as possible for the developer to participate fully (100%) in a new signal at 522 and Clydesdale, to eliminate the state road right -in right -out connection at the previously approved point on 522, to eliminate the approximately 800 feet of state road construction from 522 to the existing road system (an emergency accessible route would have to be provided from 522 to the new road system to maintain consistency with the previously profferred concept), and to move forward with the development of the remainder of the project. The funding for the signal could be provided to the County or State in some format that would be mutually beneficial. It is our hope that this could generate a positive scenario for the developer, Shawnee District representative, VDOT, and the County, and could be done in an expediant manner with a minimum amount of involvement from other parties. The County would be able to refund the expense occurred by the developer for the rezoning application fee. The County would not move forward with the Rezoning process and Public Hearing at this time. Your concuurance and committment to this approach on behalf of the developer would be appreciated so we can move forward with the necessary arrangements. As always, thanks for your assistance. Let me know if you have any concerns. Mike. Canter Estates Subject: Canter Estates Date: Tue, 12 Jul 2005 11:28:37 -0400 From: "Eric Schachinger" <ehs @theschachingergroup.com> To: <mruddy @co.frederick.va.us> Hi Mr. Ruddy, I am a homeowner on Clydesdale Drive in Canter States and I am very concerned about what is going on with this proposed entrance issue. Our road already has a multitude of cars cutting through to 522. Many of these cars speed by my house everyday. I have a two and a half year old son and this neighborhood is becoming too dangerous for him to be in. The police never do anything but drive by, not bothering to stop and wait for speeders to pass by. If you allow the developer to funnel more traffic onto Clydesdale it will only be a short time before a child gets seriously injured by these cars. I certainly hope that someone out there cares about our children enough to stop this ridiculous proposal to go through. I thank you for your time! Sincerely, Eric Schachinger ehs I of 1 7/12/2005 2:12 PM I 4 1 0 Oira ccp, 10 04 0 eitp 00 -7-----.713 -,P....., iiteLL cram- 1 4a) /kk CV 1 0 /6 g, I/ I 10)1A, L, vv•-- 1411' 4 or 'I 44 fery 4 I I 't 4-1711-11:43\‘tt k (AA 1 n TO: FROM: RE: Finance Department Renee' S. Arlotta, Planning Department DATE: September 27, 2005 RSA Attachments MEMORANDUM 107 North Kent Street Winchester, Virginia 22601 5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 Refund of Application Fee Rezoning Application #08 -05 of Canter Estates, Section V Please issue a check in the amount of $3,000.00 payable to Jasbo, Inc. This amount is a refund of the rezoning application fee paid by Jasbo, Inc. on May 10, 2005 for Rezoning Application #08 -05 of Canter Estates, Section V. This rezoning application was withdrawn on September 1, 2005 by the applicant's representative, Mr. Evan Wyatt of Greenway Engineering, per the attached letter. Mr. Wyatt has requested that the refund check be forwarded to Greenway Engineering at Mr. Wyatt's attention, and he will ensure that it is provided to the property owner. This amount was deposited with the Frederick County Treasurer on May 11, 2005 under the following codes: FINANCE CODE #3-010-013030-0007 TREASURERS CODE ZASP I have attached a copy of Mr. Wyatt's letter, a copy of the receipt, and copies of our deposit reports. If you need any further information, please let me know. Thank you for your assistance. Founded in 1971 GBEENWAY E 1EE UN 151 ■ndndy Hill Lane Winchester, Virginia 22602 September 1, 2005 Frederick County Planning Department Attn: Mike Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Withdrawal of Rezoning Application #08 -05 of Canter Estates Section V Dear Mike: The purpose of this letter is to formally request the withdrawal of the referenced rezoning application submitted on behalf Jasbo, Inc. As you know, Frederick County has advised Greenway Engineering that specific agreed upon conditions will satisfy the requirements of the current proffer statement associated with this project. These requirements are identified in your letter to Greenway Engineering dated August 8, 2005. On behalf of the applicant, I am advising you of our desire to withdraw pending rezoning application #08 -05 and would request a reimbursement of the application fee associated with this project. You may have this reimbursement for Jasbo, Inc., forwarded to Greenway Engineering to my attention and I will ensure that it is provided to the property owner. Once again I would like to thank you for your efforts and assistance regarding this matter. Please do not hesitate to contact me if you have any questions regarding the information in this letter. Sincerely, euc Evan Wyatt, AICP Greenway Engineering Cc: Beverley B. Shoemaker, President Jasbo, Inc. Mike Byran, P.L.C. File 4 2291 EVEA W Engineers Surveyors Telephone 540- 662 -4185 FAX 540- 722 -9528 mnwwE. gree nwayen g. co m CHECKS: $1 5 (U U CURRENCY: I 1 0 0 LESS CASH Li 0 G(L TOTAL:^���� COMPREHENSIVE PLAN CAPITAL IMPROVEMENT PLAN ZONING INDEX MAP/ I •�F.YM�XSl111 //1 71 11 1�1'�YYI COMPREHENSIVE PLAN UPDATES 3- 010-016160 -0001 BOOKLETS MAPS SUBTOTAL 3- 010 016160 -0009 SALE OF GIS MAPPING 3-010 -019110-0008 SIGN DEPOSIT 3-010-018990-0001 MISCELLANEOUS ITEMS nclude Sh in_ Handlin Posta•e, Etc. 3-010-016160-0002 ZONING ORDINANCE 3-010-016160-0002 SALE OF AMENDMENTS 3-010-016160 -0002 SUBDIVISION ORDINANCE 3 -010-019110-0043 MERRIMANS CHASE 3- 010-019110 -0048 RED BUD RUN 3 -010- 019110 -0042 SOVEREIGN VILLAGE 3 -010- 019110-0045 RED FOX RUN II 3 -010-019110 -0045 LI CONDITIONAL USE PERMIT SUBDIVISION WAIVER RESIDENTIAL SUBDIVISION d B u-d R ti r1 6ec1. lII' NON RESIDENTIAL SUBDIVISION RESIDENTIAL SITE PLAN MASTER DEVELOPMENT PLAN APPEAL VARIANCE 0 tj Q.9 I+ -47N� NON-RESIDENTIAL SITE PLAN +vl (t i&?&t. CO y., i47an w MINOR RURAL SUBDIVISION MAJOR RURAL SUBDIVISION RURAL PRESERVATION SUBDIVISION LOT CONSOLIDATION BOUNDARY LINE ADJUSTMENT ZONING CERTIFICATION LETTER ZONING DETERMINATION/VERIFICATION LETTER COMPREHENSIVE PLAN POLICY AMENDMENTS 3-010-013030-0007 APPLICATION SUBTOTAL IrrANIM 50 100, 10:111111 5 10, 00 PC01 PC01 PC01 PC01 PC01 PC01 PC01 10DL 1095 2009 PCO2 PCO2 PCO2 (10 EB) 10 D ZASP ZASP ZASP ZASP ZASP ZASP ZASP ZASP ZASP ZASP ZASP ZASP ZASP ZASP ZASP ZASP ZASP ZASP PREVIOUS ENDING 8 3 3 CJ RECEIPT(S) #:'6 J 0 I :3 3 (0 U:\DEETER \COMMON\DEPOS [TR\ DEPOSIT REPORT FOR PLANNING DEVELOPMENT. XLS Finance Code 3- 010 016160 -0001 3 -010- 016160 -0009 3-020- 018990 -0000 3 -010-0191110 -0008 3- 010-016160-0002 3-010-016160 -0002 3- 010 -013030 -0007 Description Sale of Planning Booklets Sale of GIS Mapping Miscellaneous Items Sign Deposit Planning Sale of Amendments Sale of County Code Zoning Applications Total Price 450. $15,(x,10" Treasurers Code (PC01) (10DL) (2009) (1095) (PCO2) (PCO2) CHECKS: 5, Ca (pD• CURRENCY: o 0 LESS CASH: O TOTAL: 3 15, (s) D U: \Deeter\COMMONIDEPOSITR\DEPOSIT REPORT FINANCE.XLS PREVIOUS ENDING: 3 3 RECEIPT(S): 8 3 3 1 1 2 2 7 2 0 0 4 C I p T R A X sK COUNT JR WILLIAM 5 P.O. BOX 22 WINCHESTER VA 22604-0225 ZONING APPLICATIONS Pd by PLAN IIN% BALANCE DUE Ticket #.005/ /12/0005 00 BCC/B Teazles N 1 41 Trans ZA Dept t# Bala 5 Paid principal Being Penalty 0,00 Inter Amount Paid 0 *Bala Due .6 Cash 5660. Chec 1561 15 .Q0 _00 VARIOUS k 15660.00 MO ST THRU ll PENALTY /INTERS TO: FROM: SUBJECT: DATE: Please send a check in the amount of $50.00 to: RSA/pd 1 Finance Department Pam Deeter, Office Assistant II Return Of Sign Deposit September 27, 2005 MEMORANDUM COUNTY of FREDERICK Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for Rezoning #08 -05 for Canter Estates Section V. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. 107 North Kent Street, Suite 202 Winchester, Virginia 22601 5000 s P 7 d o 7 O NA p G t 0 6 0 p. C 5 I .4 a ,w N. I P O w p. P N o P o e e yN o40, O O 7� s a� 0 'I t CA PO• O 0 c' 7 o V C Ps 4 a ct I c v/ L A Gs St"' `fin ‘13 '3 P N ^`y 9NO2 O A 2 s I X LIAM JR P.O. BOX 225 WINCHESTER VA 22604 -0225 SIGN DEPOSITS PLANNING 6 I G A J O n G s CI (b. act O ra P 0 G G Nd� I N O IS P a N d d o y�N a I P P P c a P N O o r I? o' r.„.3 S. 0 P O a'�r' <-3 -2, S BALANCCE DUE INCLUDES PEN ALTY /INTEREST 0. PLANNING Pd by O O P °°a0 t b• I I CO aIP a A o °a �N 0 2 s.� •m a° Ngo O of 0. .A Cn A 7 y 6. d° o' N 9 dN o o Y P P O a 2. 0 e er c 4 P I O� I I P c o °G I P p �v III 5 3:; t A/ P R E C E I P T 0 P Ticket Date Register: Trans. Dept Acct# Previous Balance Principal Being Paid Penalty Interest Amount Paid Balance Due Cash .60 Check 15660.00 VARIOUS THRU THE MONTH 5/2005 000 04960001 5 /12/2005 BCC /BC 41801 1095 50.00 50.00 .00 .00 50.00 .0 U ACCOUNT AMT PAID T BALANCE DUE Strfflie CCOUNT RECLIVEO [,ROM 1 =C--J ADORE S HDIN,FAID, 1 1 (cAfl. a a- i (d0 N 0 Y 0 RECEIVED CROIJi 44_-Q-0---till/C21 in I 1 4.l9 U s T Q o02!z l rJ U r c d.7 l�Vy ;moo ooass_ cv 1 Inc; �O DOLLARS 5 N V FOR n .:t o t v i o z73� r O 3 t4 rounded in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Canter Estates Section V Revised Proffer Statement File No: 2291B Date May 17, 2005 To: FC Planning Attn: Mike Ruddy Copied Beverley Shoemaker Mike Bryan From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 n Urgent n For Your Review N As You Requested n Please Comment Message: Hi Mike, Please find attached the revised Proffer Statement with original signature and notary, which provides for the new parcel numbers for the lots in Canter V Phase 1; the revisions requested by VDOT for the signalization agreement and the language pertaining to Parkins Mill Road that you requested. These revisions did not require any modifications to the GDP; therefore, the 69 color copies that were previously submitted are still valid. Please advise me if you need any additional information at this time and I will forward it to you. Thank you once again for your assistance regarding this matter. Evan Greenway Engineering Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com OUNTY I C TRANSMITTAL Project Name: Canter Estates V- Revised Proffers File No: 2291B Date May 10, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 To: FC Planning From: Evan Wyatt/dim Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540 -662 -4185 Copied Fax: 540 -722 -9528 Delivery: Fed Ex U.S. Mail Courier Pick Up Other Urgent For Your Review As You Requested n Please Comment Message: Mike, Attached is the $50 sign deposit fee check that was inadvertantly left off the submittal packet sent to your office last Friday, May 6, 2005 Thank you for your assistance. Call with any questions or need for additional information. Hand Delivery and Pick Ups Only: Received By: Date: MAY 1 0 2005 FREDERFC'K COUNT PLANNING DEVELOPMENT sounded in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Attn: Mike Ruddy Copied To: FC Planning Urgent For Your Review Greenway Engineering Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com Project Name: Canter Estates Section V Revised Proffer GDP File No: 2291B Date April 25, 2005 T R A N S M I T TRANSMITTAL From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 FREEERICK COUi1TY 1 Et V.P .G e, DEVELOPMENT Ti As You Requested fl Please Comment Message: Hi Mike, Please find attached two sets of the information pertaining to the revised proffer statement and Generalized Development Plan for your review and comment. It would be beneficial to receive your comments at your earliest possible convenience so we can process this rezoning application revision in June. I have advised VDOT that the first County deadline for the June Planning Commission is May 6 therefore, anything you can do to help meet this deadline would be appreciated. Please contact me if you have any questions regarding this information. Thank you! Evan Rezoning Comments Frederick County Department of Planning and Development Mail to: Department of Planning and Development Attn: County Planner 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5651 Applicant' Please fill; out the information as accurately as possible in order to assist the Planning Department with their review.; Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Hand deliver to: 107 North Kent Street Fourth Floor Winchester, Virginia (540) 665-5651 Telephone: 540- 662 -4185 APR 2 6 2005 Location of property: The subject property is located on the west side of Front Royal Pike (Route 522) adjacent to Canter Estates Section III in the Shawnee Magisterial District. Current zoning: RP with proffers Zoning requested: RP with modified proffers Acreage: 103.74 F -n!T Planning Department Comments: Superintendent's Signature Date: Notice to Planning Department Please Return This Form to the Applicant Founded in 1971 l GREENWAY ENGINEERING 151 Windy Hill lane Winchester, Virginia 22602 April 25, 2005 Frederick County Planning Department Attn: Mike Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Canter Estates Section V Revised Proffer Statement Dear Mike: APR 2 6 2005 Thank you for meeting with me to discuss the process associated with revising the proffer statement and Generalized Development Plan (GDP) for Canter Estates Section V. As you know. Greenway Engineering has been approached by representatives of the Virginia Department of Transportation (VDOT) to determine if the proposed right in/right -out entrance along Front Royal Pike (Route 522 South) can be eliminated due to safety concerns and to redirect funds toward participation in traffic signalization at the existing entrance into Canter Estates that is located further south on Front Royal Pike. Please find attached for your review a revised proffer statement and GDP for Canter Estates Section V, which provides for this desired safety improvement. As discussed, Greenway Engineering will obtain a revised comment from VDOT and will submit this along with the revised proffer statement and GDP, as well as applicable mapping, deed, and taxes paid information for formal submittal. Please note that a new Impact Analysis Statement is not being provided as the project impacts are no different than previously approved. I have advised Mrs. Shoemaker that the Planning Department will establish the rezoning base fee of $3000.00 for the purpose of filing this application. Thank you once again for your assistance regarding this matter. Please contact me if you have any questions regarding the information in this letter. Sincerely, E &li van Wyatt, AICP Greenway Engineering Cc: Beverley B. Shoemaker Jerry Copp, VDOT Resident Engineer Engineers Surveyors Telephone 540- 662 -4185 FAX 540- 722 -9528 www.grcenwayeng.com The following information shall be provided by the applicant: 1. Applicant: Name: Greenway Engineering Address: 151 Windy Hill Lane Location map Plat Deed to Property Verification of taxes paid REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Zoning Amendment Number. PC Hearing Date Fee=AmotintFaid Date Receive ''BOS Hearing Date 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. Winchester, VA 22602 2. Property Owner (if different from above) Name: Jasbo, Inc. (Beverley B. Shoemaker, President) Telephone: (540) 869 -1800 Address: P.O. Box 480 Stephens City, VA 22655 3. Contact person if other than above Name: Evan Wyatt, AICP f I Li Telephone: (540) 662 -4185 Telephone: (540) 662 -4185 4. Checklist: Check the following items that have been included with this application. Agency Comments Fees Impact Analysis Statement Proffer Statement APR 2 6 2008 FREDERICK COUNTY PI DEVELOPMENT PARCEL ID NUMBER USE ZONING 75- ((A)) -99A Agricultural RA 75 -((A)) -100 101 Wakeland Manor RP 76- ((A)) -13 Agricultural RA 76- ((A)) -18 Residential RA 76- ((A)) -18A Residential RA 76- ((A)) -19 Residential RA 76-((AD-20 Residential RA 76-((AD-21 Residential RA 76B -2 -3 -196 thru 211 Canter Estates RP 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Jasbo, Inc. (Beverley B. Shoemaker, President) 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Residential Residential 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The subject property is located on the west side of Front Royal Pike (Route 522) adjacent to Canter Estates Section III in the Shawnee Magisterial District. Acres Current Zoning Zoning Requested 103.74 RP RP Total Acreage to be rezoned 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 or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 76- ((A)) -22 76- ((A))-23 Districts Magisterial: Shawnee High School: Millbrook Fire Service: Millwood Middle School: Admiral Byrd Rescue Service: Millwood Elementary School: Armel 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 homes: 250 Townhome: Multi Family Non Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other 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. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): Date: Owner (s): �Cil(( ya,&EiGnr' u/ A. Date: 4 -22 CS Canter Estates Section V Location Map Apriil2005Engineering Greenway Engineering REZONING: Preliminary Matters File #229113/EA W April 22, 2005 Jasbo, Inc. Rezoning JASBO, INC. PROFFER STATEMENT PROPERTIES: 103.74 -acres Tax Parcels 76-((AD-22 and 76- ((A)) -23 RECORD OWNERS: Jasbo, Inc. APPLICANT: Jasbo, Inc. PROJECT NAME: Canter Estates Section V ORIGINAL DATE OF PROFFERS: October 4, 2002 REVISION DATA: April 20, 2005 RZ# Residential Performance (RP) with Conditions to Residential Performance (RP) with Modified Conditions 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 1 April 22, 2005 Jasbo, Inc. Rezoning 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 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 E/EA W 2 Greenway Engineering 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 April 22, 2005 Jasbo, Inc. Rezoning Beverley B. Shoemaker, President Date Commonwealth of Virginia, City /County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires Notary Public File 4229IB/EAW 3 Greenway Engineering REZONING: Preliminary Matters April 20, 2005 Jasbo, Inc. Rezoning JASBO, INC. PROFFER STATEMENT 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 RECORD OWNERS: Jasbo, Inc. APPLICANT: Jasbo, Inc. PROJECT NAME: Canter Estates Section V ORIGINAL DATE OF PROFFERS: October 4, 2002 REVISION DATA: April 20, 2005 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 11019 9S #011 -02 which rezoned 103.74 acres from the Rural Ar s (RA) 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. File #2291 B/EAW 1 Greenway Engineering 4. Steep slope and environmental areas, as defined by the Frederick County Zoning Ordinance, that are located along the Danford Ridge subject property line bordering Opequon 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 age subject property line bordering the Opequon Creek are provided on the General Generalized Development Plan and will further identified on the required Master Development Plan for this the subject property. 5. 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: Beverley B. Shoemaker Date April 20, 2005 Jasbo, Inc. Rezoning August 28, 2002. Warrior Drive shall be located to conform to the approved Wakcland Manor Master Development Plan. The applicant will provide a 100 foot right of way for Warrior Drive in the southwestern portion of the property to provide for the continuation of Warrior Drive from Wakcland Manor through the property: 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. 0 Commonwealth of Virginia, City /County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires Notary Public File #2291 B /EAW 3 Greenway Engineering Monetary Contribution To Offset Impact Of Development April 20, 2005 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: 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. General Generalized Development Plan The applicant Applicant hereby proffers to develop the 103.74 -acre property in substantial conformance with a General Generalized Development Plan prepared by Greenway Engineering and dated August 28, 2002 April 2005 and approved as part of the rezoning application. The Gcncral Generalized Development Plan is intended to delineate the road systems that will serve the residential lots and the location of the future extension of ve -and Parkins Mill Road. Voluntarily proffered is the attached Gcncral Generalized Development Plan including the following improvements: 1. The applicant 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 Applicant hereby proffers that the development of the subject property shall provide for a street layout connecting with Ruddy Brabant Drive in Canter Estates Section III, for a right in/right out connection to Front Royal Pike 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 Danford Ries 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. File #22918 /EAW 2 rounded in 1971 Evan GREENWAY ENGINEERING 151 Windy 1-lill Lane Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Canter Estates Section V Revised Proffer GDP File No: 2291B Date May 6, 2005 To: FC Planning Attn: Mike Ruddy Copied Beverley Shoemaker CAA U(i From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Greenway Engineering Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com As You Requested Please Comment FPEDER!CK COUNTY PLANNING DE` ETOPMPNT on required for the submittal of the revised Proffer Statement n for Canter Estates Section V, including 69 color copies of he County Attorney comment from your meeting with Bob 1 that to me for my files. As we discussed, I will be happy to regarding the Parkins Mill Road reservation area if you feel it our preference regarding this matter. COMMENTS: Candice David Mark Susan Eric Document Approval Form C c PLEASE REVIEW THE ATTACHED DOCUMENT IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE TIME ti� 5 MAY '62005 F- .'E_DERICK COUNTY P[ A 1N NG, 64 ❑FVFLOPRnENT Received by Clerical Staff (Date Time):