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Home My WebLink About11-06 Proffer StatementGreenway Engineering REZONING: March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Revised January 11, 2007 ABRAM'S CHASE PROFFER STATEMENT PROPERTIES: 3.25± -acres Tax Parcels 65- ((A)) -27A 65- ((A)) -28A RECORD OWNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision ORIGINAL DATE OF PROFFERS: March 1, 2006 REVISION DATE: January 11, 2007 Preliminary Matters Abram's Chase Rezoning RZ# 11 -06 RA, Rural Areas District to RP, Residential Performance Dis trict 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, Harvest Communities, Inc., (the "Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11 -06 for the rezoning of 3.25± 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 In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever.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 the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65 -((A)) -27A and 65 -((A)) -28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove Associates, recorded as Deed Book 910, Page 381. File #4545H/EAW 1 Greenway Engineering March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Revised January 11, 2007 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan "GDP dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10 -foot bicycle /pedestrian facility, the internal road system with inter parcel connectivity, the general location of residential lots and the open space/buffer areas. B. Residential Land Use Abram's Chase Rezoning The Applicant hereby proffers to develop a maximum of 13 single- family small lot detached residential dwelling units. C. Transportation Enhancements 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter parcel connectivity to Tax Map Parcel 65- ((A)) -25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12 -feet in width and is located along the Property frontage within the public right -of -way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right -of -way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right -of -way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right -of -way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #4545H/EAW 2 Greenway Engineering March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Revised January 11, 2007 D. Monetary Contribution to Offset Impact of Development Fire and Rescue 720.00 General Government 320.00 Public Safety 658.00 Library 267.00 Parks and Recreation 2,136.00 School Construction $19,189.00 Abram's Chase Rezoning 5. The Applicant hereby proffers to construct a 10 -foot asphalt bicycle /pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress /egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress /egress easement for the benefit of Tax Map Parcel 65 -((A)) -26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. Additionally, an easement shall be provided at this general location for the benefit of Tax Map Parcel 65- ((A)) -26A to allow for public water and sewer connections to the Abram's Chase public water and sewer lines at the expense of others. 7. The Applicant hereby proffers to provide a monetary contribution of $1,000.00 for each residential lot to be used towards future improvements to the Senseny Road corridor. This monetary contribution will be paid to Frederick County at the time of building permit issuance for each residential lot. The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: File #4545 WEAW 3 Greenway Engineering E. Signature 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: Commonwealth of Virginia, Cit My Comm File #4545H/EAW ssion Expires March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Revised January 11, 2007 Stuart Butler, President Harvest Communities, Inc. Frederick. To Wit: 20 by S- Fars- B04 -(er Presi ,rt+ Febwlca:. 2.q, zoos Notary Public Abram's Chase Rezoning D e The foregoing instrument was acknowledged before me this 12-+11 day of Jain 0an j 4 AMENDMENT Action: PLANNING COMMISSION: December 20, 2006 Recommended Approval BOARD OF SUPERVISORS: January 10, 2007 APPROVED DENIED PURes #01 -07 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #11 -06 OF ABRAM'S CHASE WHEREAS, Rezoning #11 -06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 13 single family homes on small lots, was considered. The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision in the Red Bud Magisterial District, and is identified by Property Identification Numbers 65 -A -27A and 65- A -28A. WHEREAS, the Planning Commission held a public hearing on this rezoning on September 20, 2006, and recommended approval at a public meeting on December 20, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 10, 2007; 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 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 13 single family homes on small lots, 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 10th day of January, 2007 by the following recorded vote: Richard C. Shickle, Chairman Nay Barbara E. Van Osten Ave Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye PDRes 401 -07 A COPY ATTEST John R. e .Jr. Frederick County Administrator Greenway Engineering March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December21, 2006 REZONING: ABRAM'S CHASE PROFFER STATEMENT RZ# 11 -06 RA, Rural Areas District to RP, Residential Performance District PROPERTIES: 3.25± -acres Tax Parcels 65- ((A)) -27A 65- ((A)) -28A RECORD OWNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision ORIGINAL DATE OF PROFFERS: March 1, 2006 REVISION DATE: December 21, 2006 Preliminary Matters Abram's Chase Rezoning 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, Harvest Communities, Inc., (the "Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11 -06 for the rezoning of 3.25± 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 the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65 -((A)) -27A and 65 -((A)) -28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove Associates, recorded as Deed Book 910, Page 381. File #4545H/EAW l Grcenway Engineering March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 A. Generalized Development Plan Abram's Chase Rezoning The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan "GDP dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10 -foot bicycle /pedestrian facility, the internal road system with inter parcel connectivity, the general location of residential lots and the open space/buffer areas. B. Residential Land Use The Applicant hereby proffers to develop a maximum of 13 single family small lot detached residential dwelling units. C. Transportation Enhancements 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter parcel connectivity to Tax Map Parcel 65- ((A)) -25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12 -feet in width and is located along the Property frontage within the public right -of -way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right -of -way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right -of -way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right -of -way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #4545 WEAW 2 Greenway Engineering March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 5. The Applicant hereby proffers to construct a 10 -foot asphalt bicycle /pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress /egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress /egress easement for the benefit of Tax Map Parcel 65-((AD-26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. Additionally, an easement shall be provided at this general location for the benefit of Tax Map Parcel 65- ((A)) -26A to allow for public water and sewer connections to the Abram's Chase public water and sewer lines at the expense of others. D. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue 720.00 General Government 320.00 Public Safety 658.00 Library 267.00 Parks and Recreation 2,136.00 School Construction $19,189.00 File #4545H/EAW Abram's Chase Rezoning 0 3 Greenway Engineering March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 E. Signature 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: ak B tl Y' Commonwealth of Virginia, Abram's Chase Rezoning Stuart Butler, President Date Harvest Communities, Inc. Cit /Count f h 1 (eceirl Gk To Wit: The foregoing instrument was acknowledged before me this ZZv day of f ?en1 r 20 O( by &tuar+ l�u4ttr, pre, trien+ My Commission Expires o hnxn al •oce itt o�z Notary Public 41 c File #4545H1EAW 4 Founded in 1971 RREENWAW ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 December I, 2006 Frederick County Planning Department Attn: Candice Perkins, AICP 107 North Kent Street Winchester, VA 22601 RE: Abram's Chase Rezoning Application Dear Candice: DEC 1 2006 The Planning Commission tabled the proposed rezoning application for the Abram's Chase Subdivision on September 20, 2006 to allow the applicant an opportunity to address the concerns presented by staff. These concerns included the need for the development to provide for state street connectivity to the west, the need for improvements to Senseny Road (Route 657), the need to provide for a bicycle and pedestrian facility and concerns with a proposal to waive the community center requireme during the rezoning process. The following revisions have been made to the Abram's Chase Proffer Statement in an attempt to address these concerns: Proffer A provides for a new Generalized Development Plan design layout that includes state street connectivity to the west, a new travel lane on Senseny Road that connects to Parkwood Circle, a turn lane into the project, a 10 -foot bicycle and pedestrian facility, an ingress /egress easement for the adjoining property and eliminates the recreational area. Proffer 13 reduces the total number of residential lots from 14 single family small lots to 13 single family small lots. Proffer C(1) provides for the continuation of the public street system to allow for inter- parcel connectivity to the adjoining parcel to the west. Proffer C(2) provides for the development of an additional 2 -foot westbound travel lane on Senseny Road along the frontage of the project. Proffer C(5) provides for the development of a 10 -foot asphalt bicycle and pedestrian facility along the entire frontage of the project. i Proffer C(6) provides for a curb cut and ingress /egress easement that will allow for the adjacent small parcel to access the internal public street in the project. Proffer D maintains the monetary contribution recommended by the County's Development Impact Model when the rezoning application was filed. The former proffer pertaining to the community center waiver and proposed recreational values has been eliminated. File #4545H /EAW Engineers Surveyors Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com Please find attached a new Proffer Statement that has been signed by the property owner and notarized, as well as a new Generalized Development Plan for the Abram's Chase Subdivision. Please reschedule this rezoning application for the December 20, 2006 Planning Commission agenda for consideration of this new development program. Thank you for your assistance with this development proposal. Sincerely, Evan W}katt. AICP Greenway Engineering Cc: Stuart Butler, Harvest Communities, Inc. File #4545 H /EA W z n Greenway Engineering REZONING: March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 ABRAM'S CHASE PROFFER STATEMENT RZ# 11 -06 RA, Rural Areas District to RP, Residential Performance District PROPERTIES: 3.25± -acres Tax Parcels 65- ((A)) -27A 65- ((A)) -28A RECORD OWNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision ORIGINAL DATE OF PROFFERS: March 1, 2006 REVISION DATE: November 6, 2006 Preliminary Matters Abram's Chase Rezoning 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, Harvest Communities, Inc., (the "Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11 -06 for the rezoning of 3.25± 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 the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65 -((A)) -27A and 65 -((A)) -28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove Associates, recorded as Deed Book 910, Page 381. File #4545H/EAW 1 Greenway Engineering A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan "GDP dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10 -foot bicycle /pedestrian facility, the internal road system with inter parcel connectivity, the general location of residential lots and the open space/buffer areas. B. Residential Land Use The Applicant hereby proffers to develop a maximum of 13 single family small lot detached residential dwelling units. C. Transportation Enhancements March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Abram's Chase Rezoning 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter parcel connectivity to Tax Map Parcel 65- ((A)) -25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12 -feet in width and is located along the Property frontage within the public right -of -way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right -of -way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right -of -way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right -of -way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #4545H/EAW 2 Greenway Engineering March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 D. Monetary Contribution to Offset Impact of Development Abram's Chase Rezoning 5. The Applicant hereby proffers to construct a 10 -foot asphalt bicycle /pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress /egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress /egress easement for the benefit of Tax Map Parcel 65 -((A)) -26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue 720.00 General Government 320.00 Public Safety 658.00 Library 267.00 Parks and Recreation 2,136.00 School Construction $19,189.00 File #4545H/EAW 3 Greenway Engineering E. Signature March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 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: Commonwealth of Virginia, Stuart Butler, President Harvest Communities, Inc. City /County of F Et& n CV) 20 OL 0 by GFLflr+ My Commission Expires Cia I ga To Wit: Notary Public Abram's Chase Rezoning The foregoing instrument was acknowledged before me this a I day of Nod(YIbC r File #4545H/EAW 4 Greenway Engineering REZONING: March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 ABRAM'S CHASE PROFFER STATEMENT PROPERTIES: 3.25± -acres Tax Parcels 65- ((A)) -27A 65- ((A)) -28A RECORD OWNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision ORIGINAL DATE OF PROFFERS: March 1, 2006 REVISION DATE: December 21, 2006 Preliminary Matters Abram's Chase Rezoning RZ# 11 -06 RA, Rural Areas District to RP, Residential Performance District 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, Harvest Communities, Inc., (the "Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11 -06 for the rezoning of 3.25± 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 the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65 -((A)) -27A and 65 -((A)) -28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove Associates, recorded as Deed Book 910, Page 381. Pile #4545n/EAW 1 Greenway Engineering March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan "GDP dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10 -foot bicycle /pedestrian facility, the internal road system with inter parcel connectivity, the general location of residential lots and the open space/buffer areas. B. Residential Land Use The Applicant hereby proffers to develop a maximum of 13 single family small lot detached residential dwelling units. C. Transportation Enhancements Abram's Chase Rezoning 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter- parcel connectivity to Tax Map Parcel 65-((A))-25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12 -feet in width and is located along the Property frontage within the public right -of -way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right -of -way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right -of -way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right -of -way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential Lots and internal public street system serving the Property. File #4545H/EAW 2 Greenway Engineering Fire and Rescue 720.00 General Government 320.00 Public Safety 658.00 Library 267.00 Parks and Recreation 2,136.00 School Construction $19,189.00 March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 5. The Applicant hereby proffers to construct a 10 -foot asphalt bicycle /pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress /egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress /egress easement for the benefit of Tax Map Parcel 65 -((A)) -26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. Additionally, an easement shall be provided at this general location for the benefit of Tax Map Parcel 65- ((A)) -26A to allow for public water and sewer connections to the Abram's Chase public water and sewer lines at the expense of others. D. Monetary Contribution to Offset Impact of' Development Abram's Chase Rezoning The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: File #4545H/EAW 3 Greenway Engineering E. Signature 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: all as By: i Commonwealth of Virginia, Cit March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Abram's Chase Rezoning Stuart Butler, President Date Harvest Communities, Inc. Fred rl Gk- To Wit: The foregoing instrument was acknowledged before me this 2Zvt day of T'_CeAv1 Le, r" 20O1a by 64 uar+ Sul -lei, p My Commission Expires co krxu j 2-i, Zzth File #4545H/EAW Notary Public 4 Greenway Engineering REZONING: March 1,2006 Revised August 21, 2006 Revised November 6, 2006 ABRAM'S CHASE PROFFER STATEMENT RZ# 11 -06 RA, Rural Areas District to RP, Residential Performance District PROPERTIES: 3.25± -acres Tax Parcels 65- ((A)) -27A 65- ((A)) -28A RECORD OWNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision ORIGINAL DATE OF PROFFERS: March 1, 2006 REVISION DATE: November 6, 2006 Preliminary Matters Abram's Chase Rezoning 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, Harvest Communities, Inc., (the "Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11 -06 for the rezoning of 3.25± 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 the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65 -((A)) -27A and 65 -((A)) -28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove Associates, recorded as Deed Book 910, Page 381. File #45451-1/EAW 1 Greenway Engineering REZONING: ORIGINAL DATE OF PROFFERS: March 1, 2006 Preliminary Matters March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 ABRAM'S CHASE PROFFER STATEMENT RECORD OWNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision REVISION DATE: November 6, 2006 Abram's Chase Rezoning RZ# 11 -06 RA, Rural Areas District to RP, Residential Performance District PROPERTIES: 3.25± -acres Tax Parcels 65- ((A)) -27A 65- ((A)) -28A 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, Harvest Communities, Inc., (the "Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11 -06 for the rezoning of 3.25± 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 the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65 -((A)) -27A and 65 -((A)) -28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove Associates, recorded as Deed Book 910, Page 381. File #4545H/EAW 1 Greenway Engineering A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan "GDP") dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10 -foot bicycle /pedestrian facility, the internal road system with inter parcel connectivity, the general location of residential lots and the open space/buffer areas. B. Residential Land Use C. Transportation Enhancements March I, 2006 Revised August 21, 2006 Revised November 6, 2006 Abram's Chase Rezoning The Applicant hereby proffers to develop a maximum of 13 single family small lot detached residential dwelling units. 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter parcel connectivity to Tax Map Parcel 65- ((A)) -25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12 -feet in width and is located along the Property frontage within the public right -of -way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right -of -way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right -of -way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right -of -way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #4545H/EAW 2 Greenway Engineering Fire and Rescue 720.00 General Government 320.00 Public Safety 658.00 Library 267.00 Parks and Recreation 2,136.00 School Construction $19,189.00 March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Abram's Chase Rezoning 5. The Applicant hereby proffers to construct a 10 -foot asphalt bicycle/pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress /egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress /egress easement for the benefit of Tax Map Parcel 65 -((A)) -26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. D. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: File #4545H /EAW 3 Greenway Engineering E. Signature March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 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: Commonwealth of Virginia, Stuart Butler, President Dat Harvest Communities, Inc. City /County of Fra n C To Wit: The foregoing instrument was acknowledged before me this Ol I day of IvoahAxr 20 by C +LIckr+ L e c_r My Commission Expires OS 31 Ot `C CIA Lwen Notary Public Abram's Chase Rezoning File #4545H/EAW 4 Greenway Engineering A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan "GDP dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10 -foot bicycle /pedestrian facility, the internal road system with inter parcel connectivity, the general location of residential lots and the open space/buffer areas. B. Residential Land Use C. Transportation Enhancements March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Abram's Chase Rezoning The Applicant hereby proffers to develop a maximum of 13 single family small lot detached residential dwelling units. 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter parcel connectivity to Tax Map Parcel 65- ((A)) -25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12 -feet in width and is located along the Property frontage within the public right -of -way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right -of -way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right -of -way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right -of -way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #45451i/EAW 2 Greenway Engineering March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Abram's Chase Rezoning 5. The Applicant hereby proffers to construct a 10 -foot asphalt bicycle/pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress /egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress /egress easement for the benefit of Tax Map Parcel 65 -((A)) -26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. D. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue 720.00 General Government 320.00 Public Safety 658.00 Library 267.00 Parks and Recreation 2,136.00 School Construction $19,189.00 File #4545H /EAW 3 Greenway Engineering E. Signature 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: Commonwealth of Virginia, March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Stuart Butler, President Dat Harvest Communities, Inc. City /County of Fr n C Y The foregoing instrument was acknowledged before me this �t day of 1 Oaks A ∎Xr 20_DL by Sitarf E My Commission Expires Cel To Wit: Abram's Chase Rezoning Notary Public File #4545HIEA W 4 Proffer Statement 1 Greenway Engineering March 1. 2006 Abram's Chase Rezoning Revised August 21, 2006 ABRAM'S CHASE PROFFER STATEMENT REZONING: RZft ik° RA, Rural Areas District to RP, Residential Performance District PROPERTIES: 3.25± -acres Tax Parcels 65- ((A)) -27A 65- ((A)) -28A RECORD OWNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision ORIGINAL DATE OF PROFFERS: March 1, 2006 REVISION DATE: August 21, 2006 Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code and the provisions of the Frederick County Zoning Ordinance (the "Ordinance with respect to conditional zoning, Harvest Communities, Inc., (the "Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application -o4 for the rezoning of 3.25± 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 terns 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 the Abrams Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65 -((A)) -27A and 65 -((A)) -28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove Associates, recorded as Deed Book 910, Page 381. NOT CURRENT File 445451-0EAW 1 Grecnway Engineering March 1, 2006 Revised August 21, 2006 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan "GDP dated March 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the internal road system, the general location of residential lots and open space, the general location of the Senseny Road (Route 657) road efficiency buffer and the general location of the community recreational area and pedestrian inter- parcel connector. 13. Residential Land Use C. Recreational Amenities 1). Transportation Enhancements ,NOT CIUt E Abram's Chase Rezoning The Applicant hereby proffers to develop a maximum of 14 single family detached residential dwelling units on small lots. The Applicant hereby proffers to develop a community recreational area that will be located in the northwestern portion of the Property and will contain tot lot equipment valued at a minimum of $35,000.00, park benches, and an asphalt pedestrian walkway that will connect the internal sidewalk system to the community recreational area and will extend to the western property boundary. "[he recreational amenities proffer is intended to guarantee the community recreational facilities that will be provided in -lieu of a community center building if waived by the Frederick County Board of Supervisors. 1. The Applicant hereby proffers to construct a right turn and taper lane within the public right -of -way that connects Parkwood Drive to the cul -de -sac serving the Property. "[his improvement shall be bonded and constructed concurrently with the internal cul -de -sac serving the Property. 2. The Applicant hereby proffers to dedicate right -of -way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record to allow for future road improvements by others. This right -of -way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. file #4545H /13AU' 2 Greemvay Engineering March I, 2006 Revised August 21, 2006 3. The Applicant hereby proffers to provide a monetary contribution of $1,000.00 for each residential lot that will be paid to Frederick County at the time of building permit issuance. This monetary contribution is available to Frederick County to be used towards future improvements to the Senseny Road corridor. E. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue 720.00 General Government 320.00 Public Safety 658.00 Library 267.00 Parks and Recreation 2,136.00 School Construction $19.189.00 NOT G Abrant's Chase Rezoning File gg45415H /EAW 3 Grcenway Engineering March I, 2006 Revised August 21, 2006 F. Signature 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: Commonwealth of Virginia City ount)of Frederick- To Wit: .Thaforegoing instrument was acknowledged before me this Z 641 day of Ajc8f 20 ofo by S- foar &+ter NQT CURRENT Stuart Butler, President Harvest Communities, Inc. My Commission Expires h'elbrccn 2-9 2668 7)1.aQ 4 Notary Public Ahrum's Chase Rcznning Da e file 0454511/EAW 4 i i 1 1 t I ice\ 1 t 1r Fi GF r h r OPEN SPACE \\\V `c COMMUNITY z NECPEATIONAL 5t'� \OPEN SPACE a 1'+•. d t f 1 i \J 1\ m 3� PUBLIC"STREET R/W vim..' t u n {fr V. k Q g r -q 'a`�rr,� -s s -c Iz� 1 z< z iz s" z, r r rte #w z fi\ f5 s a ..a s r 6� 30 0 '6p 136- VA t/ d .`sx'Y �s Y r z 1 a=� i s ++7,ey,. 1 5..x` x2>...:u•^ r OPEN SPACE 5GN- 61'.6x1 ,r p `st a* s sk m i r- r Eek 6 I w\ a a. b 'OPEN 6PACE d :9 I I j____ r \o(\ `WI -I LEGEND o- e\`` I I n 7 OPEN SPACE `'1 `e /o P A KWO OD D CL �O t- Q z. L� iT r —Sr LOT AREA k r r 5 1 R.O.W. AREA x f 1 II 1 I 7_ wrc nwcuxw )r I U�CNEO =k t i I t —TI`v 1 I K r� It 1 1 a.. ma xo. aaw