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HomeMy WebLinkAbout07-06 Proffer StatementAction: PLANNING COMMISSION: August 16, 2006 Recommended Approval BOARD OF SUPERVISORS: August 23, 2006 APPROVED DENIED PDRcs 42! -06 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #07 -06 OF SENSENY ROAD RENTALS, LLC WHEREAS, Rezoning #07 -06 of Senseny Road Rentals, LLC, submitted by Painter Lewis, PLC, to rezone 2 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers for four single family homes, was considered. The property is located on Senseny Road (Route 657) approximately 350 feet west of Ashley Drive, in the Red Bud Magisterial District, and is identified by Property Identification Number (PIN) 65 -A -46. WHEREAS, the Planning Commission held a public hearing on this rezoning on August 16, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 23, 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 2 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers for four 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. This ordinance shall be in effect on the date of adoption. Passed this 23rd day of August, 2006 by the following recorded vote: Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux PD Res. 421 -06 Aye Aye Aye Abstained Barbara E. Van Osten Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST Aye Aye Aye Jq R. Riley, Jr.' Frederick County Administrator Senseny Road Rentals Rezoning Applicant: Original Date of Proffers: Revision Date(s): Prepared by: Proffer Statement Property: 2.0 acres PARCEL ID 65 -A -46 Recorded Owner: Senseny Road Rentals, LLC Mr. Carl Hales Senseny Road Rentals, LLC 2400 Valley Avenue, Suite 8 Winchester, Virginia 22601 Project Name: Greg Allen Realty Senseny Road Rentals October 16, 2005 January 11, 2006 March 15, 2006 April 19, 2006 PAINTER- LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662 -5792 email: office @painterlewis.com Job Number: 0502018 PROFFER STATEM• PARCEL ID 65 -A -46 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application •7 for the rezoning of parcel TM# 65 -A -46 from RA to RP, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These terms and conditions may be subsequently amended or revised by the owner of the property with the permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Single Family Homes The applicant will develop the parcel to support four single family, detached residential dwellings. 2.) Home Owners' Association The applicant will facilitate the creation of a Horne Owners' Association for the proposed development. At a minimum, the HOA will establish covenants to (1) manage common open space, and (2) require all homeowners to pay for curb side pick up of solid waster. 3.) Fiscal Impact Mitigation The applicant agrees to cause the payment of $23,290.00 for each lot to the Treasurer of Frederick County, as per the Frederick County Capital Facilities Impact Model, to mitigate fiscal impacts associated with residential development. (Emergency Services; $720.00, Parks and Rec; $2,136.00, Public Library; $267.00, School Construction; 1,989.00, Public Safety; $658.00, and General Government; $320.00 per lot). Payable at time of issuance of building permit. 4.) Frontage Improvements on Route 657 The applicant will make the necessary dedication of right -of -way and the required frontage improvements to Route 657 in support of the proposed development. The dedication and improvements will be designed and submitted for approval to the Virginia Department of Transportation during the subdivision review process. 5.) Generalized Development Plan The applicant agrees to proffer a Generalized Development Plan (GDP) for the purpose of identifying the general configuration of four (4) single family detached lots and road /subdivision street location. 6.) Offsite Transportation Mitigation page 2 PROFFER STATEM• PARCEL ID 65 -A -46 The applicant agrees to proffer monetary contribution in the amount of $5,000.00 for each detached single family dwelling to mitigate impacts to future development. Payable at time of issuance of building permit. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: a 'W/ /(72en Road Rentals, fo S y City /County of g The foregoing instrument was acknowledged before me this 200 (o Iteitary Public My commission expires: 1 3 1 0 7 page 3 Commonwealth Of Virginia. IG day of N. I-l`_� L- 'x R232 CANYON ROAD_. I czxA r 111 d_ -1t4=1 I r {'1' I r 1' 11 N6�LC J a it 1 u kzu 09 I GREGORY TAMMY 2 P DEED: -04- 1 -2 Z MRP USE F A E' SINGLE 0ENIA FAMILY RE9nA[ ACRES 0.65 ALEXAA'OER HOMES PWME 65F -4 1 -4 DEED: -04 -5972 ZONED: RP USE SINGLE FAMILY RES10ENnAL ACRES 0.68 e 1 DENNIS LOVGERBEAM CONSTR. LLC POW 65F -4 1 -3 GEED: -04 -9892 ZONED: RP USE' 9W6YEFAMIL RESOENIIAL ACRES- 0.66 1 00 SENSENY ROAD-RENTMS, LLC. PIN 65 -A -46 DEED: -02 -13145 ZONED: RA USE SINGLE FAMILY RESIDENTIAL ACRES: 2.00 SENSENY ROAD O.SVMONT IMAGE ASSOCIATION PINT >650 -4 5-65A GEED: BK.:.. 614 PG.: 602 ZONED: RP USE DRIER 25� k te I 1 DRAWN BY: FE PATE ':aLEWfS P.L.C. 116 South Stewart Street WINCHESTER, VIRGINIA 22601 TELEPHONE (540) 662 -5792 FACSIMILE (540) 662 -5793 EMAIL: officea©painterlewis.com 45 JAMES EDMCWDS PIN& 65 -A-45 0.B: 759 PO: Il07 ZONED RA USE 9NGL£ FAMILY RE90ENRAL ACRES 200 JAMES BUR000K ASHLEY KNUPP PM& 65D-6 7 -19 0.6.: -02 -12729 KENN R. DEMERS NR 650-6 7 -I8 O.B.: ELL -In16 9: mar FAMILY r !/SE ISNELERP E ALt. RESYIF7+TIAL1 I RESIOE�'IUL�- I L —J L- -J 'Ashley Circle GREG ALLEN REALTY GENERALIZED DEVELOPMENT PLAN 2659 SENSENY RD. WINCHESTER, VIRGINIA 22602 SCALE. 1 =100' DATE: 05/21/05 I L_j JOB #0502018 PRELIMINARY GENERALIZED SITEPLAN 4' DRAWN BY: CBS L DRAWING NO.: EXHIBIT 1