HomeMy WebLinkAbout06-06 Proffer StatementAMENDMENT
Action:
PLANNING COMMISSION: April 19, 2006 Recommended Approval
BOARD OF SUPERVISORS: May 10, 2006 10 APPROVED DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #06 -06 OF CEDAR MEADOWS
WHEREAS, Rezoning #06 -06 of Cedar Meadows, submitted by Greenway Engineering, to rezone 29.7
acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 140 single
family homes was considered. The property is located on the west side of White Oak Road (Route 636),
approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642), in the
Opequon Magisterial District, and is identified by Property Identification Numbers (PINS) 75 -A -106, 75-
A -107, 75 -A -114. 75 -A -1 15. 75 -A -1 16 and 86 -A -153
WHEREAS, the Planning Commission held a.public hearing on this rezoning on April 19, 2006; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 10, 2006; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
change 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with
proffers, for 140 single family homes, as described by the application and plat submitted, subject to the
attached conditions voluntarily proffered in writing by the applicant and the property owner.
PDRes 14 -06
'1
This ordinance shall be in effect on the date of adoption.
Passed this 10th day of May, 2006 by the following recorded vote:
Richard C. Shickle- Chairman
Gary Dove
Gene E. Fisher
Philip A. Lemieux
PURes. 414 -06
Aye
Aye
Aye
Aye
Barbara E. Van Osten
Bill M. Ewing
Charles S. DeHaven, Jr.
A COPY ATTEST
Aye
John Riley, Jr.
Frederick County Administrator
Aye
Abstained
Greenway Engineering
REZONING:
PROPERTIES:
RECORD OWNERS:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
File #4074/EAW
December 28, 2005
March 9, 2006
April 20, 2006
CEDAR MEADOWS PROFFER STATEMENT
RZ# o o 4
Rural Areas (RA) to Residential Performance (RP)
Cedar Meadows Rezoning
29.70 -acres
Tax Parcels 75 -((A)) -106; 75 -((A)) -107; 75 -((A)) -114;
75 -((A)) -115; 75 -((A)) -116; 86 -((A)) -153
Jasbo, Inc. Sparks Property. L.L.C.
Jasbo. Inc. Sparks Property, L.L.C.
Cedar Meadows Age- Restricted Community
December 28, 2005
March 9, 2006
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
"Ordinance with respect to conditional zoning, Jasbo, Inc., and Sparks Property,
L.L.C. (the "Applicant hereby proffers that in the event the Board of Supervisors of
Frederick County, Virginia, shall approve Rezoning Application #ot -o. for the rezoning
of 29.70-1-acres (the "Property from the RA, Rural Area District to RP, Residential
Performance 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 Cedar Meadows, and more particularly described as
the lands owned by Jasbo, Inc., and Sparks Property, L.L.C., being all of Tax Map
Parcels 75 -((A)) -106, 75-((AD-107, 75 -((A)) -114, 75 -((A)) -115, 75 -((A)) -116, and 86-
((A)) -153 and further identified by plat and survey dated June 7, 2004, prepared by Mark
D. Smith, L.S., of Greenway Engineering, entitled "Boundary Survey of the Land of
Chloe Juanita Sparks, recorded as Instrument Number 040022470, additionally by Deed,
recorded as Instrument Number 050007167 and Instrument Number 050029421.
Gveenuay Engineering
A. Generalized Development Plan
The Applicant hereby proffers to develop the Property in substantial conformity with the
attached Generalized Development Plan "GDP dated December 28, 2005 that will he
approved as part of the rezoning application. The GDP shall identify the general location
of the internal private road system and the general location of the age restricted
community center facility and park area.
13. Residential Land Use
I. The Applicant hereby proffers that the Property shall be developed as an age
restricted community pursuant to the requirements set forth in Section C Age
Restricted Community of this proffer statement.
2. The Applicant hereby proffers to limit the total number of age- restricted
residential structures to140 total single- family small lot detached dwelling units.
3. The Applicant hereby proffers to establish a start-up fund for the Cedar Meadows
Homeowners' Association CMHOA) that will provide a lump sum payment of
$20,000.00 that will be provided by the Applicant. Language will be incorporated
into the CMHOA Declaration of Restrictive Covenant Document and Deed of
Dedication that ensures the availability of these funds prior to the transfer of
ownership and maintenance responsibility from the Applicant to the CM1 -10A.
C. Age- Restricted Community
December 28, 2005
March 9. 2006
April 20, 2006
Cedar Meadows Rezoning
The Applicant hereby proffers that the following language shall be included in the deeds
conveying real property designated as age restricted housing on that portion of the
Property.
All 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 nineteen
(19) 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.
File )4074 /EA W 2
Gnxnway Engineering
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 tide 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.
D. Recreational Amenities
File #4074 /EAW
December 28, 2005
Marro 9_2006
April 20, 2006
Cedar Meadows Rezoning
1. The Applicant hereby proffers to construct a Community Center Facility for the
Cedar Meadows age- restricted community pursuant to 165 -64, which shall be a
minimum of 2,000 square -feet and will be located within the park area along the
pond, which shall count towards the required recreational amenity requirement.
2. The Applicant hereby proffers to construct a complete system of pedestrian
sidewalks and trails that provide access from all residential dwellings to the
Community Center Facility and park area, of which the trails shall count towards
the required recreational amenity requirement. The Applicant shall provide an
easement adjoining the internal trail system along the Sherando Regional Park
property to allow for a future trail connection that will allow residents of the
Cedar Meadows age- restricted community access to the regional park.
3. The Applicant hereby proffers to provide an easement upon a portion of the Cedar
Meadows Property sufficient to accommodate an entrance off of White Oak Road
(Route 636), transitioning to a 30 -foot easement for the construction of a private
access lane for the exclusive use of the Frederick County Parks and Recreation
Department for maintenance access only and for an emergency access drive
connection for Frederick County Fire and Rescue Services. The Applicant further
proffers to apply for the required VDOT entrance permit for the maintenance
access drive at the time that the main VDOT entrance permit is applied for and to
construct the maintenance entrance and access drive from White Oak Road
(Route 636) to the western limits of the subject property following approval of the
VDOT entrance permit. This maintenance access easement and emergency
access easement shall be incorporated as a component of the subdivision and open
space plats for the Cedar Meadows age- restricted community. The maintenance
access drive and the emergency access drive shall not be utilized as a public
access drive for the Sherando Regional Park.
Greenway Engineering
December 28, 2005
March 9,2006
April 20, 2006
E. Transportation Enhancements
Cedar Meadows Rezoning
1. The Applicant hereby proffers to develop the Cedar Meadows age- restricted
community with a complete system of private streets and as a gated community.
2. The Applicant hereby proffers to limit the number of entrances along White Oak
Road (Route 636) to one main entrance in addition to the Sherando Regional Park
maintenance access entrance described in Section D(3) above. The main entrance
shall be gated and the ingress and egress lanes into the community shall be
designed and sized to allow for emergency access on either lane and for a vehicle
turn around area between the public street and the gated main entrance.
3. The Applicant hereby proffers to dedicate a 20 -foot strip along the existing 40-
foot White Oak Road right -of -way frontage on the subject site for the purpose of
future road widening. The Applicant shall be responsible for the construction of a
right turn and taper lane to provide safe access to the Cedar Meadows age
restricted community.
4. The Applicant hereby proffers to enter into a signalization agreement with the
Virginia Department of Transportation (VDOT) that will fully fund the
installation of traffic signalization at the White Oak Road (Route 636)/Tasker
Road (Route 642) intersection. These funds shall be made available to Frederick
County for use as a local match for Revenue Sharing Funds or other applicable
transportation enhancement funds. In the event that VDOT determines that traffic
signalization is not warranted at the White Oak Road (Route 636) /Tasker Road
(Route 642) intersection, these funds will be made available to Frederick County
unconditionally for other transportation improvements as determined by the
Board of Supervisors.
5. The Applicant hereby proffers to provide for advanced warning signs along White
Oak Road (Route 636) to the south of the subject site to advise motorists of the
Parks and Recreation private maintenance access drive if desired by VDOT.
Additionally, the Applicant proffers to gate the private maintenance access drive
during the construction process as described in Section D(3) of the proffer
statement.
6. The Applicant hereby proffers to construct an emergency access drive that
connects the Frederick County Parks and Recreation maintenance access to the
internal private street system located in the southern portion of the Cedar
Meadows age- restricted community.
File #4074/EAW 4
Greenway Engineering
December 28, 2005
March 9, 2006
April 20,2006
F. Community Curbside Trash Collection
C. Monetary Contribution to Offset Impact of Development
Fire and Rescue $1,500.00
General Government 320.00
Public Safety 658.00
Library 267.00
Parks and Recreation $2,1 36.00
Cedar Meadows Rezoning
The Applicant hereby proffers to provide commercial trash pickup and waste removal
service for the Cedar Meadows age restricted community. The commercial trash pickup
and waste removal service shall be established by deed covenant and shall be assigned to
the Cedar Meadows Home Owners Association (HOA) at such time as identified in the
legal documents setting forth the guidelines for the Cedar Meadows HOA. The
commercial trash pickup and waste removal service shall remain in effect and be the
responsibility of the Cedar Meadows HOA until such time as this service is provided by
Frederick County.
The undersigned contract owner of the above described property hereby voluntarily
proffers that in the event rezoning application is approved, the undersigned
will pay to the Treasurer of Frederick County, Virginia $4,881 for each residential lot that
is platted, to be distributed as follows:
This monetary contribution will be paid at the time of the building permit issuance for
each residential lot.
File #4074/EAW 5
Greenway Engineering
H. Signatures
The conditions proffered above shall be binding upon the Applicant and its assigns and
successors in interest. In the event the Frederick County Board of Supervisors grants this
rezoning and accepts the proffered conditions, the proffered conditions shall apply to the
land rezoned in addition to other requirements set forth in the Frederick County
Ordinance.
Respectfully Submitted:
By: j u S, .�.€m &).til, y) q Alma 9 a O 05
Beverley B. Shoemaker, President G mthec Date
Jasbo, Inc. Sparks Property, L.L.C.
Commonwealth of Virginia,
December 28, 2005
March 9. 2006
April 20. 2006
City /County of 9eC\ -FC \C\*
To Wit:
Cedar Meadows Rezoning
The foregoing instrument was acknowledged before me this day of S;yci\
20Ci by
File #4074/EAW
My Commission Expire,6 ro
GS...e,Sk 31 QCCSI
Notary Public
6
Greenway Engineering December 28, 2005 Cedar Meadows Rezoning
March 9, 2006
REZONING:
PROPERTIES:
RECORD OWNERS:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
CEDAR MEADOWS PROFFER STATEMENT
RZ# o(
Rural Areas (RA) to Residential Performance (RP)
29.70 -acres
Tax Parcels 75 -((A)) -106; 75 -((A)) -107; 75 -((A)) -114;
75 -((A)) -115; 75 -((A)) -116; 86 -((A)) -153
Jasbo, Inc. Sparks Property, L.L.C.
Jasbo, Inc. Sparks Property, L.L.C.
Cedar Meadows Age- Restricted Community
December 28, 2005
March 9, 2006
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
"Ordinance with respect to conditional zoning, Jasbo, Inc., and Sparks Property,
L.L.C. (the "Applicant hereby proffers that in the event the Board of Supervisors of
Frederick County, Virginia, shall approve Rezoning Application #O4-o4 for the rezoning
of 29.70± -acres (the "Property from the RA, Rural Area District to RP, Residential
Performance 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 Cedar Meadows, and more particularly described as
the lands owned by Jasbo, Inc., being all of Tax Map Parcels 75 -((A)) -106, 75 -((A)) -107,
75 -((A)) -114, 75 -((A)) -115, 75 -((A)) -116, and 86 -((A)) -153 and further identified by plat
and survey dated June 7, 2004, prepared by Mark D. Smith, L.S., of Greenway
Engineering, entitled "Boundary Survey of the Land of Chloe Juanita Sparks, recorded as
Instrument Number 040022470, additionally by Deed, recorded as Instrument Number
050007167 and Instrument Number 050029421.
File #4074 /EAW
Greenway Engineering December 28, 2005 Cedar Meadows Rezoning
March 9, 2006
A. Generalized Development Plan
The Applicant hereby proffers to develop the Property in substantial conformity with the
attached Generalized Development Plan "GDP dated December 28, 2005 that will be
approved as part of the rezoning application. The GDP shall identify the general location
of the internal private road system and the general location of the age- restricted
community center facility and park area.
B. Residential Land Use
1. The Applicant hereby proffers that the Property shall be developed as an age
restricted community pursuant to the requirements set forth in Section C Age
Restricted Community of this proffer statement.
2. The Applicant hereby proffers to limit the total number of age- restricted
residential structures to140 total single family small lot detached dwelling units.
C. Age- Restricted Community
The Applicant hereby proffers that the following language shall be included in the deeds
conveying real property designated as age- restricted housing on that portion of the
Property.
All 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 nineteen
(19) 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
File #4074 /EAW 2
Greenway Engineering
December 28, 2005 Cedar Meadows Rezoning
March 9, 2006
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.
D. Recreational Amenities
1. The Applicant hereby proffers to construct a Community Center Facility for the
Cedar Meadows age- restricted community pursuant to §165 -64, which shall be a
minimum of 2,000 square -feet and will be located within the park area along the
pond, which shall count towards the required recreational amenity requirement.
2. The. Applicant hereby proffers to construct a complete system of pedestrian
sidewalks and trails that provide access from all residential dwellings to the
Community Center Facility and park area, of which the trails shall count towards
the required recreational amenity requirement. The Applicant shall provide an
easement adjoining the internal trail system along the Sherando Regional Park
property to allow for a future trail connection that will allow residents of the
Cedar Meadows age- restricted community access to the regional park.
3. The Applicant hereby proffers to provide an easement upon a portion of the Cedar
Meadows Property sufficient to accommodate an entrance off of White Oak Road
(Route 636), transitioning to a 30 -foot easement for the construction of a private
access lane for the exclusive use of the Frederick County Parks and Recreation
Department for maintenance access only. The Applicant further proffers to apply
for the required VDOT entrance permit for the maintenance access drive at the
time that the main VDOT entrance permit is applied for and to construct the
maintenance entrance and access drive from White Oak Road (Route 636) to the
western limits of the subject property following approval of the VDOT entrance
permit. This maintenance access easement shall be incorporated as a component
of the subdivision and open space plats for the Cedar Meadows age- restricted
community. The maintenance access drive shall not be utilized as a public access
drive for the Sherando Regional Park.
E. Transportation Enhancements
1. The Applicant hereby proffers to develop the Cedar Meadows age- restricted
community with a complete system of private streets and as a gated community.
2. The Applicant hereby proffers to limit the number of entrances along White Oak
Road (Route 636) to one main entrance in addition to the Sherando Regional Park
maintenance access entrance described in Section D(3) above. The main entrance
File #4074/EAW 3
Greenway Engineering December 28, 2005 Cedar Meadows Rezoning
March 9, 2006
shall be gated and the ingress and egress lanes into the community shall be
designed and sized to allow for emergency access on either lane and for a vehicle
turn around area between the public street and the gated main entrance.
3. The Applicant hereby proffers to dedicate a 20 -foot strip along the existing 40-
foot White Oak Road right -of -way frontage on the subject site for the purpose of
future road widening. The Applicant shall be responsible for the construction of a
right turn and taper lane to provide safe access to the Cedar Meadows age
restricted community.
4. The Applicant hereby proffers to enter into a signalization agreement with the
Virginia Department of Transportation (VDOT) that will fully fund the
installation of traffic signalization at the White Oak Road (Route 636)/Tasker
Road (Route 642) intersection. These funds shall be made available to Frederick
County for use as a local match for Revenue Sharing Funds or other applicable
transportation enhancement funds. In the event that VDOT determines that traffic
signalization is not warranted at the White Oak Road (Route 636)/Tasker Road
(Route 642) intersection, these funds will be made available to Frederick County
unconditionally for other transportation improvements as determined by the
Board of Supervisors.
5. The Applicant hereby proffers to provide for advanced warning signs along White
Oak Road (Route 636) to the south of the subject site to advise motorists of the
Parks and Recreation private maintenance access drive if desired by VDOT.
Additionally, the Applicant proffers to gate the private maintenance access drive
during the construction process as described in Section D(3) of the proffer
statement.
F. Community Curbside Trash Collection
The Applicant hereby proffers to provide commercial trash pickup and waste removal
service for the Cedar Meadows age- restricted community. The commercial trash pickup
and waste removal service shall be established by deed covenant and shall be assigned to
the Cedar Meadows Home Owners Association (HOA) at such time as identified in the
legal documents setting forth the guidelines for the Cedar Meadows HOA. The
commercial trash pickup and waste removal service shall remain in effect and be the
responsibility of the Cedar Meadows HOA until such time as this service is provided by
Frederick County.
File #4074/EAW 4
Gramm Eneneering !mamba 29,2005
Mach 9, 2006
G. Monetary Contribution to Offset Impact o Development
The undersigned contract owner of the above- described property hereby voluntarily
proffers that in the event rezoning application 0 is approved, the undersigned
will pay to the Treasures of Frederick County, Virginia $1,500 for each residential lot that
is platted, to be utilized for Fire and Rescue Services. This monetary contribution will be
paid at the time of the building permit issuance for each residential lot.
H
Simiatures
The conditions proffered above shall be binding upon the Applicant and its assigns and
successor in interest. In the event the Frederick County Board of Supervisors grants this
rezoning and accepts the proffered conditions, the proffered conditions shall apply to the
land rezoned in addition to other requirements set forth in the Frederick County
Ordinance.
Respectfully Submitted:
B
Commonwealth of Virginia, /I
City/County of Fr t Ae Lk To Wit:
rd
The foregoing instrument was acknowledged before me this 9C3 day of A 0..r G•
20 010 by .73ever 5. 5hbana.ker
My Commission Expires 4vem fgA. 3c), a003
Cella Meadows Rezoning
/Va e r 3 -23-06
entity B. Shoemaker, President r}'l Date
oaa:rn 7n /1 i°,
Notary Public n jyl (J