HomeMy WebLinkAbout13-06 Proffer StatementCrecnway Engineering_ November 22, 2004; December 29, 2004
January 17. 2005: February 24. 2015 ,March 17, 2005, April 14. 2005
June 14.2005; August 10, 2005: August 25, 2005
Revised October 3, 2006
REZONING:
SENSENY VILLAGE PROFFER STATEMENT
RZ# 13 -06
Residential Performance (RP) with Conditions to
Residential Performance (RP) with Modified Conditions
PROPERTIES: 73.79 -acres
Tax Parcels 65 -((A)) -4913 ancl 65- ((A)) -55
RECORD O\VNERS: Quinnelly Group, LLC
APPLICANT: Quinnelly Group, LLC
PROJECT NAME: Senseny Village
ORIGINAL DATE
OF PROFFERS: August 25, 2005
REVISION DATE: October 3, 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, the undersigned applicants hereby proffer that in the
event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning
Application 13 -06 for the rezoning of 73.79± acres from Residential Performance
(RP) District with Conditions to 73.79± acres 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 yvith 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such rezoning is not granted, then these proffers shall be deemed withdrawn and have no
binding effect whatsoever. Upon approval of such rezoning, these proffers shall be
binding upon the Applicant and their successors and assigns.
The subject property, identified as Senseny Village, and more particularly described as
the lands owned by Quinnelly Group, LLC being all of Tax Map Parcel 65- ((A)) -49B and
further described as Instrument #050021270, and being all of Tax Map Parcel 65- ((A))-
55 and further described byinstrument #050021271.
File #3924 /EA\
Senseny Village Rezoning
Grecnwmv Enuincerine
A.) Residential Land Use
November 22, 2004. December 29. 2004
January 1 7, 2005: February 24, 2005:Nlarch 17, 2005: April 14. 2005
June 14, 2005: August 10, 2005; August 25, 2005
Revised October 3, 2006
Scnscnv Village Itez
The Applicant hereby proffers to limit the total number of residential
units to 285 dwelling units on the combined subject properties of Tax
Map Parcels 65- ((A)) -49B and 65-((A)) -55.
The Applicant hereby proffers to prohibit the development of garden
apartments, as defined in Section 165 -65L of the Zoning Ordinance on
Tax Map Parcels 65 -((A)) -49B and 65- ((A)) -55.
The Applicant hereby proffers to develop the residential dwelling units
in accordance with the following annualized phasing plan. This
annualized phasing plan shall begin in the calendar year in which the
Senseny Village Master Development Plan is approved by Frederick
County. All dwelling units not developed within the specified year
shall be carried forward to the ensuing calendar years:
YEAR TOTAL BUILDING PERMITS
70
2 70
3 70
4 75
TOTAL 285
13.) Generalized Development Plan and Master Development Plan
The Applicant hereby proffers to submit a Generalized Development
Ilan (GDP) for the purpose of identifying the general configuration of
street systems, residential land use areas and open space areas within
the Senseny Village Community. The final engineering documents for
Senseny Village will be in substantial conformance with the proffered
GDP; however, it is recognized that modifications to the final internal
road alignment on Tax Map Parcels 65 -((A)) -49B and 65- ((A)) -55
may occur due to site development constraints such as wetlands or
steep slopes without the need to modify the proffered GDP. However,
in no event will a modified internal road alignment encroach within
the 50 -foot no disturbance easement adjacent to Glenmont Village
Section 6 on Tax Map Parcel 65 -((A)) -4913 as described in Section 133
of this proffer statement except for existing dedicated street and utility
connections. The final engineering documents will ensure that the
File 113924 /EAAA 2
Green Way Fnginecrine
November 22, 2004; December 29, 2004
January 17, 2005; February 24, 2005,March 17, 2005; April 14, 2005
June 14, 2005 August 10, 2005; August 25, 2005
Revised October 3, 2006
Senseny Village Rezoning
Senseny Village Community provides for a street extension
/connection to Rossum Lane (Route 736) and Glenridge Drive (Route
865), an internal street system that connects to both of the extended
streets, and an inter parcel connection to Tax Map Parcel 65- ((A)) -72.
The Generalized Development Plan (GDP) has been designed to
provide for single- family detached residential lots to adjoin the
Glenmont Village Subdivision and the existing residential lots along
Rossum Lane, Mason Street and Broad Avenue on Tax Map Parcel 65-
((A))-55. Furthermore, the GDP has been designed to provide for
open space adjacent to Glenmont Village Section 6 on Tax Map
Parcel 65- ((A)) -49B.
A no disturbance easement that is 10 -feet in width shall be provided
along the rear property line of all single- family detached residential
lots that abut Glenmont Village and the existing residential lots along
Rossum Lane, Mason Street and Broad Avenue for the purpose of
preserving existing woodlands on Tax Map Parcel 65- ((A)) -55.
Furthermore, a 50 -foot no disturbance easement shall be provided on
Tax Map Parcel 65 -((A)) -49B adjacent to Glenmont Village Section
6, which shall remain undisturbed between the state street serving the
townhouse lots and the existing residential lots within Glenmont
Village Section 6, except for existing dedicated street and utility
connections.
A no disturbance easement shall be established within the open space
areas that are associated with the natural drainageways to protect the
integrity of the waterways and the upland slope areas. The only
activity' that may occur within this no disturbance easement will
include utility installation and a single road crossing to provide access
to the southern portion of Tax Map Parcel 65 -((A)) -49B.
A Preliminary Master Development Plan will be submitted for the
portion of the subject property that is located on Tax Map Parcel 65-
((A)) -49B to demonstrate how this portion of the subject property
would be developed. Board of Supervisor approval of this Preliminary
Master Development Plan concept does not bind the Board of
Supervisors to any action on this rezoning application. Additionally,
Board of Supervisor approval of this Preliminary Master Development
Plan concept does not eliminate the requirement for a Master
Development Plan for the entire 73.79 acres +1- subject site.
File 13924 {GAW 3
Grcemrar lingineering
C.) Transportation
1. The Applicant hereby proffers monetary contributions that are to be
utilized for improvements to the Senseny Road (Route 657) corridor
and /or a proposed north -south connector between Senseny Road and
Berryville Pike (U.S. Route 7). The contributions, in the amount of
$5,000 per single family detached unit and $3,000 per townhouse unit,
total a potential maximum of $1.145 million dollars. The Applicant
authorizes the use of these contributions unconditionally by Frederick
County for transportation improvements to these roadways. This
monetary contribution shall be provided to Frederick County at the
time of building permit issuance for each dwelling unit.
2,
November 22, 2004. December 29. 2004
January 17, 2005; February 24, 2005;March 17, 2005, April 14, 2005
June 14, 2005; August ID. 2005; August 25. 2005
Revised October 3, 2006
Senseny Village Regoni
The Applicant hereby proffers to design and construct right turn lanes
(and tapers) of eleven -foot width, and to include curb /gutter, on
Senseny Road at the Rossum Lane (Route 736) and Twinbrook Circle
(Route 867) intersections, within the existing Senseny Road right -of-
way. The construction of these improvements shall occur prior to the
issuance of the first building permit, but will not restrict site grading
and infrastructure installation on the subject properties.
3. The Applicant hereby proffers to design and construct improvements
to Rossum Lane (Route 736), to meet VDOT minimum geometric and
pavement design standards sufficient to allow for two -way travel,
curb /gutter, street lights, storm sewer, and a sidewalk located on the
west side of Rossum Lane within the existing Rossum Lane right -of-
way. Furthermore, traffic calming measures will be considered during
the design of the Rossum Lane improvement project. The construction
of these improvements shall occur prior to the issuance of the first
building permit, but will not restrict site grading and infrastructure
installation on the subject properties.
4. The Applicant hereby proffers to design the internal street system to
provide two means of access to Senseny Road via both Rossum Lane
(Route 736) and "I winbrook Circle (Route 867) for all residential lots.
Traffic calming measures will be considered during the design of the
internal street system connections to Rossum Lane, Glenridge Drive,
and Tax Map Parcel 65- ((A)) -72 if desired by VDOT.
The Applicant hereby proffers to provide for a right -of -way dedication
for the future Route 37 Eastern Bypass in conformity with the
Alternative C alignment depicted on the Frederick County Route 37
Corridor Study Functional Alignment dated October 1992, as
identified on the proffered GDP. This right -of -way dedication shall be
F le h3924niAAV 4
Greenway Engineering
provided to Frederick County at no cost within 90 days after receiving
written request from Frederick County that the right -of -way is needed.
D.) Monetary Contributions
November 22. 2004: December 29. 2004
January 17, 2005: February 24, 2005;March 17. 2005: April 14, 2005
June 14, 2005; August 10, 2005, August 25, 2005
Revised October 3, 2006
The Applicant hereby proffers monetary contributions in the amount of
$10.000.00 for each detached single family dwelling unit, and $8,000.00 for
each townhouse dwelling unit, to mitigate impacts to capital facilities as
identified in the Frederick County Capital Facilities Fiscal Impact Model
Output Module prepared by the Frederick County Planning Department on
November 19, 2004. This monetary contribution shall be provided to
Frederick County at the time of building permit issuance for each dwelling
unit.
E.) Community Trash Collection
F. Monetary Contribution to Establish Homeowners' Association Fund
File #3924/I AW
scnseny Village Rezoni
The Applicant hereby proffers to provide commercial trash pickup and waste
removal service to all residential land uses within the Senseny Village
community. The commercial trash pickup and waste removal service shall be
established by deed covenant and shall be assigned to the Senseny Village
Homeowners Association "1 -IOA or sub association at such time as
identified in the legal documents setting forth the guidelines for the Senseny
Village I -IOA or sub association. The commercial trash pickup and waste
removal service shall remain in effect and be the responsibility of the Senseny
Village HOA or sub association until such a time that this service is provided
by Frederick County or other municipal providers.
The Applicant hereby proffers to establish a start -up fund for the Senseny Village
Homeowner's Association (SVI -IOA) that will include an initial lump sum
payment of $2,500.00 by the Applicants and an additional payment of $100.00 for
each platted lot within the Senseny Village community of which the assessment
For each platted lot is to be collected at the time of initial transfer of title and to be
directed to the SVI -10A fund. Language will be incorporated into the SVI 10A
Declaration of Restrictive Covenant Document and Deed of Dedication that
ensures the availability of these funds prior to the transfer of ownership and
maintenance responsibility from the applicants to the SVHOA. The start -up funds
for the SVI -IOA shall be made available for the purpose of maintenance of all
improvements within the common open space areas, liability insurance, street
light assessments, and property management and /or legal fees.
Gmeme■ y E
G.) Signature
Respectfully bmilted Au
By:
My Commission Expires
File #3924 /LAN'
November 22,2004; December 29, 2004
January 17, 2005; February 24, 2005 :March 17, 2005; April 14, 2005
June 14, 2005; August 10, 2005: August 25, 2005
Revised October 3, 2006
The conditions proffered above shall be binding upon the assigns and successors in
the interest of the Applicants who constitute the owners of the Property. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered foregoing conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Quinnelly Croup, L Date
Denver Quinnelly, ger /Member
Commonwealth of Virginia,
City /may of (0LfCh &,Sf
The foregoing instrument was acknowledged before me this 'J day of
20 bL! by Do...m.Q_t' 6 �Vl i�rin Q
-30 o /o
To Wit:
Senseny Village Rezoning
Notary Pu
Action:
PLANNING COMMISSION:
October 18, 2006 Recommended Approval
PDRes #3$-06
AMENDMENT
BOARD OF SUPERVISORS: November 8, 2006 APPROVED DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #13 -06 OF SENSENY VILLAGE
WHEREAS, Rezoning #13 -06 of Senseny Village, was submitted by Greenway Engineering to revise
the Generalized Development Plan as it relates to the proposed internal road network and land use areas,
and proffer pertaining to the construction of Rossum Lane (Route 736), attached to Rezoning #04 -05. The
property is located on the south side of Rossum Lane (Route 736) and Twinbrook Circle (Route 867), in
the Red Bud Magisterial District, and is identified by Property Identification Numbers (PINS) 64 -A -49B
and 65 -A -55.
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 18, 2006;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 8, 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 the
Generalized Development Plan and revised proffers relating to the construction of Rossum Lane (Route
736), attached to Rezoning #04 -05, as described by the Proffer Statement submitted by the applicant and
the property owner, is approved.
This ordinance shall be in effect on the date of adoption.
Passed this 8th day of November. 2006 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gary Dove A y e Bill M. Ewing Nay
Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye
Philip A. Lemieux Aye
PDRc 31:06
A COPY ATTEST
Joh iley, Jr.
Frederick County Administrator
Greenway Engineering
REZONING:
File #3924/EAW
PROPERTIES:
RECORD OWNERS:
APPLICANT:
PROJECT NAME: Senseny Village
ORIGINAL DATE
OF PROFFERS: August 25, 2005
REVISION DATE: October 2, 2006
Preliminary Matters
November 22, 2004, December 29, 2004
January 17, 2005; February 24, 2005;March 17, 2005; April 14, 2005
June 14, 2005; August 10, 2005: August 25, 2005
Revised October 2, 2006
SENSENY VILLAGE PROFFER STATEMENT
Senseny Village Rezoning
RZ# 04 -05
Rural Areas (RA) and Residential Performance (RP)
to Residential Performance (RP) with Conditions
73.79 -acres
Tax Parcels 65- ((A)) -49B and 65- ((A)) -55
Hazel C. Lambert
Taylor Grace, LLC
Taylor Grace, LLC
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, the undersigned applicants hereby proffer that in the
event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning
Application 04 -05 for the rezoning of 49.70 acres± from the Rural Areas (RA)
District to Residential Performance (RP) District, and for the rezoning of 24.09- acres±
currently zoned Residential Performance (RP) District to proffered Residential
Performance (RP) 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 binding effect whatsoever. Upon
approval of such rezoning, these proffers shall be binding upon the applicants and their
successors and assigns.
The subject property, identified as Senseny Village, and more particularly described as
the lands owned by Hazel C. Lambert, (the "Owner of the first parcel being all of Tax
Map Parcel 65- ((A)) -55 and further described by Will Book 115 at page 1563, and the
Greenway Engineering
File #3924/EAW
A.) Residential Land Use
November 22, 2004; December 29, 2004
January 17, 2005; February 24, 2005;March 17. 2005; April 14, 2005
June 14, 2005; August 10 2005; August 25, 2005
Revised October 2, 2006
Senseny Village Rezoning
lands owned by Taylor Grace, LLC, (the "Owner of the second parcel being all of Tax
Map Parcel 65- ((A)) -49B and further described by Instrument #050002909.
1. The Applicants hereby proffer to limit the total number of residential
units to 285 dwelling units on the combined subject properties of Tax
Map Parcels 65 -((A)) -49B and 65- ((A)) -55.
2. The Applicants hereby proffer to prohibit the development of garden
apartments, as defined in Section 165 -65L of the Zoning Ordinance on
Tax Map Parcels 65 -((A)) -49B and 65- ((A)) -55.
3. The Applicants hereby proffer to develop the residential dwelling units
in accordance with the following annualized phasing plan. This
annualized phasing plan shall begin in the calendar year in which the
Senseny Village Master Development Plan is approved by Frederick
County. All dwelling units not developed within the specified year
shall be carried forward to the ensuing calendar years:
YEAR TOTAL BUILDING PERMITS
1 70
2 70
3 70
4 75
TOTAL 285
B.) Generalized Development Plan and Master Development Plan
1. The Applicants hereby proffer to submit a Generalized Development
Plan (GDP) for the purpose of identifying the general configuration of
street systems, residential land use areas and open space areas within
the Senseny Village Community. The final engineering documents for
Senseny Village will be in substantial conformance with the proffered
GDP; however, it is recognized that modifications to the final internal
road alignment on Tax Map Parcels 65 -((A)) -49B and 65- ((A)) -55
may occur due to site development constraints such as wetlands or
steep slopes without the need to modify the proffered GDP. However,
in no event will a modified internal road alignment encroach within
the 50 -foot no disturbance easement adjacent to Glenmont Village
Section 6 on Tax Map Parcel 65 -((A)) -49B as described in Section B3
Greenway Engineering
File #3924/EAW
November 22, 2004: December 29, 2004
January 17. 2005; February 24, 2005 :March 17. 2005; April 14, 2005
June 14, 2005; August 10, 2005; August 25, 2005
Revised October 2, 2006
Senseny Village Rezoning
of this proffer statement except for existing dedicated street and utility
connections. The final engineering documents will ensure that the
Senseny Village Community provides for a street extension
/connection to Rossum Lane (Route 736) and Glenridge Drive (Route
865), an internal street system that connects to both of the extended
streets, and an inter parcel connection to Tax Map Parcel 65- ((A)) -72.
2. The Generalized Development Plan (GDP) has been designed to
provide for single- family detached residential lots to adjoin the
Glenmont Village Subdivision and the existing residential lots along
Rossum Lane, Mason Street and Broad Avenue on Tax Map Parcel 65-
((A))-55. Furthermore, the GDP has been designed to provide for
open space adjacent to Glenmont Village Section 6 on Tax Map
Parcel 65- ((A)) -49B.
3. A no disturbance easement that is 10 -feet in width shall be provided
along the rear property line of all single- family detached residential
lots that abut Glenmont Village and the existing residential lots along
Rossum Lane, Mason Street and Broad Avenue for the purpose of
preserving existing woodlands on Tax Map Parcel 65- ((A)) -55.
Furthermore, a 50 -foot no disturbance easement shall be provided on
Tax Map Parcel 65 -((A)) -49B adjacent to Glenmont Village Section
6, which shall remain undisturbed between the state street serving the
townhouse lots and the existing residential lots within Glenmont
Village Section 6, except for existing dedicated street and utility
connections.
4. A no disturbance easement shall be established within the open space
areas that are associated with the natural drainageways to protect the
integrity of the waterways and the upland slope areas. The only
activity that may occur within this no disturbance easement will
include utility installation and a single road crossing to provide access
to the southern portion of Tax Map Parcel 65 -((A)) -49B.
5. A Preliminary Master Development Plan will be submitted for the
portion of the subject property that is located on Tax Map Parcel 65-
((A)) -49B to demonstrate how this portion of the subject property
would be developed. Board of Supervisor approval of this Preliminary
Master Development Plan concept does not bind the Board of
Supervisors to any action on this rezoning application. Additionally,
Board of Supervisor approval of this Preliminary Master Development
Plan concept does not eliminate the requirement for a Master
Development Plan for the entire 73.79 -acres subject site.
Greenway Engineering
File #3924/EA W
C.) Transportation
November 22, 2004; December 29, 2004
January 17, 2005; February 24, 2005;March 17, 2005; April 14, 2005
June 14, 2005; August 10, 2005; August 25, 2005
Revised October 2, 2006
Senseny Village Rezoning
1. The applicants hereby proffer monetary contributions that are to be
utilized for improvements to the Senseny Road (Route 657) corridor
and /or a proposed north -south connector between Senseny Road and
Berryville Pike (U.S. Route 7). The contributions, in the amount of
$5,000 per single family detached unit and $3,000 per townhouse unit,
total a potential maximum of $1.145 million dollars. The applicants
authorize the use of these contributions unconditionally by Frederick
County for transportation improvements to these roadways. This
monetary contribution shall be provided to Frederick County at the
time of building permit issuance for each dwelling unit.
2. The applicants hereby proffer to design and construct right tum lanes
(and tapers) of eleven -foot width, and to include curb /gutter, on
Senseny Road at the Rossum Lane (Route 736) and Twinbrook Circle
(Route 867) intersections, within the existing Senseny Road right -of-
way. The construction of these improvements shall occur prior to the
issuance of the first building permit, but will not restrict site grading
and infrastructure installation on the subject properties.
3. The applicants hereby proffer to design and construct improvements to
Rossum Lane (Route 736), to meet VDOT minimum geometric and
pavement design standards sufficient to allow for two -way travel, and
to include curb /gutter, street lights and storm sewer, within the existing
Rossum Lane right -of -way. Furthermore, traffic calming measures will
be considered during the design of the Rossum Lane improvement
project. The construction of these improvements shall occur prior to
the issuance of the first building perniit, but will not restrict site
grading and infrastructure installation on the subject properties.
4. The applicants hereby proffer to design the internal street system to
provide two means of access to Senseny Road via both Rossum Lane
(Route 736) and Twinbrook Circle (Route 867) for all residential lots.
Traffic calming measures will be considered during the design of the
internal street system connections Lane, Glenridge Drive,
and Tax Map Parcel 65- ((A)) -72 if desired by VDOT.
5. The applicants hereby proffer to provide for a right -of -way dedication
for the future Route 37 Eastern Bypass in conformity with the
Alternative C alignment depicted on the Frederick County Route 37
Corridor Study Functional Alignment dated October 1992, as
identified on the proffered GDP. This right -of -way dedication shall be
Greenway Engineering
November 22, 2004; December 29. 2004
January 17, 2005; February 24, 2005;March 17, 2005; April 14, 2005
June 14, 2005; August 10, 2005; August 25, 2005
Revised October 2, 2006
provided to Frederick County at no cost within 90 days after receiving
written request from Frederick County that the right -of -way is needed.
D.) Monetary Contributions
The applicants hereby proffer monetary contributions in the amount of
$10,000.00 for each detached single family dwelling unit, and $8,000.00 for
each townhouse dwelling unit, to mitigate impacts to capital facilities as
identified in the Frederick County Capital Facilities Fiscal Impact Model
Output Module prepared by the Frederick County Planning Department on
November 19, 2004. This monetary contribution shall be provided to
Frederick County at the time of building permit issuance for each dwelling
unit.
E.) Community Trash Collection
The Applicants hereby proffer to provide commercial trash pickup and waste
removal service to all residential land uses within the Senseny Village
community. The commercial trash pickup and waste removal service shall be
established by deed covenant and shall be assigned to the Senseny Village
Homeowners Association "HOA or sub association at such time as
identified in the legal documents setting forth the guidelines for the Senseny
Village HOA or sub- association. The commercial trash pickup and waste
removal service shall remain in effect and be the responsibility of the Senseny
Village HOA or sub association until such a time that this service is provided
by Frederick County or other municipal providers.
F. Monetary Contribution to Establish Homeowners' Association Fund
File #3924/EA W
The Applicants hereby proffer to establish a start-up fund for the Senseny Village
Homeowner's Association (SVHOA) that will include an initial lump sum
payment of $2,500.00 by the Applicants and an additional payment of $100.00 for
each platted lot within the Senseny Village community of which the assessment
for each platted lot is to'be collected at the time of initial transfer of title and to be
directed to the SVHOA fund. Language will be incorporated into the SVHOA
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 applicants to the SVHOA. The start-up funds
for the SVHOA shall be made available for the purpose of maintenance of all
improvements within the common open space areas, liability insurance, street
light assessments, and property management and/or legal fees.
Senseny Village Rezoning
5
Grecnway Engineering
G.) Signatures
The conditions proffered above shall be binding upon the assigns and successors in
the interest of the Applicants who constitute the owners of the Property. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered foregoing conditions shall apply to the land rezoned in
addition to other requiren is set forth in the Frederick County Code.
Respectfully
By:
November 22. 2004; December 29, 2004
January' 17, 2005; February 24, 2005;March 17, 2005; April 14, 2005
lune 14, 2005: August 10, 2005; August 25, 2005
Revised October 2, 2006
mitted:
„ILL
Quinnelly Groui, LLC
Denver Quinnelly, Manage r/ ember
Commonwealth of Virginia.
City/ ounty f 37Lect e,u To Wit:
The foregoing instrument was acknowledged before me this Z ka day of OCtebeA.
20 0U by
My Commission Expires
File #3924/EAW
Senseny Village Rezoning
/6/0&
Date
l� eyvtvev 6. QG:vuvl,e((y
3/ i va I a9-1—
Notary Public
6
Grecnway Engineering
REZONING:
November 22, 2004: December 29, 2004
January 17, 2005; February 24, 2005:March 17, 2005: April 14, 2005
June 14, 2005; August 10, 2005: August 25, 2005
Reviser/ October 3, 2006
SENSENY VILLAGE PROFFER STATEMENT
PROPERTIES: 73.79 acres
Tax Parcels 65- ((A)) -49B and 65- ((A)) -55
RECORD OWNERS: Quinnelly Group, LLC
APPLICANT: Quinnelly Group, LLC
PROJECT NAME: Senseny Village
ORIGINAL DATE
OF PROFFERS: August 25, 2005
REVISION DATE: October 3, 2006
Preliminary Matters
Senseny Village Rezoning
RZ# 13 -06
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), (the
"Code and the provisions of the Frederick County Zoning Ordinance (the "Ordinance
with respect to conditional zoning, the undersigned applicants hereby proffer that in the
event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning
Application 13 -06 for the rezoning of 73.79+ acres from Residential Performance
(RP) District with Conditions to 73.79+ acres 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
binding effect whatsoever. Upon approval of such rezoning, these proffers shall be
binding upon the Applicant and their successors and assigns.
The subject property, identified as Senseny Village, and more particularly described as
the lands owned by Quinnelly Group, LLC being all of Tax Map Parcel 65 -((A)) -49B
and further described as Instrument #050021270, and being all of Tax Map Parcel 65-
((A))-55 and further described by Instrument #050021271.
File 43924 /EAW
Greenway Engineering
A.) Residential Land Use
November 22. 2004: December 29. 2004
January 17, 2005; February 24, 2005:March 17, 2005: April 14.2005
June 14, 2005; August 10, 2005; August 25, 2005
Revised October 3, 2006
1 70
2 70
3 70
4 75
TOTAL 285
13.) Generalized Development Plan and Master Development Plan
Senseny Village Rezoning
1. The Applicant hereby proffers to limit the total number of residential
units to 285 dwelling units on the combined subject properties of Tax
Map Parcels 65- ((A)) -49B and 65- ((A)) -55.
2. The Applicant hereby proffers to prohibit the development of garden
apartments, as defined in Section 165 -65L of the Zoning Ordinance on
Tax Map Parcels 65 -((A)) -49B and 65- ((A)) -55.
3. The Applicant hereby proffers to develop the residential dwelling
units in accordance with the following annualized phasing plan. This
annualized phasing plan shall begin in the calendar year in which the
Senseny Village Master Development Plan is approved by Frederick
County. All dwelling units not developed within the specified year
shall be carried forward to the ensuing calendar years:
YEAR TOTAL BUILDING PERMITS
The Applicant hereby proffers to submit a Generalized Development
Plan (GDP) for the purpose of identifying the general configuration of
street systems, residential land use areas and open space areas within
the Senseny Village Community. The final engineering documents for
Senseny Village will be in substantial conformance with the proffered
GDP; however, it is recognized that modifications to the final internal
road alignment on Tax Map Parcels 65 -((A)) -49B and 65- ((A)) -55
may occur due to site development constraints such as wetlands or
steep slopes without the need to modify the proffered GDP. However,
in no event will a modified internal road alignment encroach within
the 50 -foot no disturbance easement adjacent to Glenmont Village
Section 6 on Tax Map Parcel 65 -((A)) -49B as described in Section B3
of this proffer statement except for existing dedicated street and utility
connections. The final engineering documents will ensure that the
File #3924/EAW 2
Greenway Engineering
November 22, 2004; December 29, 2004 0
January 17, 2005: February' 24. 2005:March 17, 2005: April 14, 2005
June 14, 2005; August 10, 2005: August 25, 2005
Revised October 3, 2006
Senseny Village Rezoning
Senseny Village Community provides for a street extension
/connection to Rossum Lane (Route 736) and Glenridge Drive (Route
865), an internal street system that connects to both of the extended
streets, and an inter parcel connection to Tax Map Parcel 65- ((A)) -72.
2. The Generalized Development Plan (GDP) has been designed to
provide for single- family detached residential lots to adjoin the
Glenmont Village Subdivision and the existing residential lots along
Rossum Lane, Mason Street and Broad Avenue on Tax Map Parcel 65-
((A))-55. Furthermore, the GDP has been designed to provide for
open space adjacent to Glenmont Village Section 6 on Tax Map
Parcel 65- ((A)) -49B.
3. A no disturbance easement that is 10 -feet in width shall be provided
along the rear property line of all single- family detached residential
lots that abut Glenmont Village and the existing residential lots along
Rossum Lane, Mason Street and Broad Avenue for the purpose of
preserving existing woodlands on Tax Map Parcel 65- ((A)) -55.
Furthermore, a 50 -foot no disturbance easement shall be provided on
Tax Map Parcel 65 -((A)) -49B adjacent to Glenmont Village Section
6, which shall remain undisturbed between the state street serving the
townhouse lots and the existing residential lots within Glenmont
Village Section 6, except for existing dedicated street and utility
connections.
4. A no disturbance easement shall be established within the open space
areas that are associated with the natural drainageways to protect the
integrity of the waterways and the upland slope areas. The only
activity that may occur within this no disturbance easement will
include utility installation and a single road crossing to provide access
to the southern portion of Tax Map Parcel 65 -((A)) -49B.
5. A Preliminary Master Development Plan will be submitted for the
portion of the subject property that is located on Tax Map Parcel 65-
((A)) -49B to demonstrate how this portion of the subject property
would be developed. Board of Supervisor approval of this Preliminary
Master Development Plan concept does not bind the Board of
Supervisors to any action on this rezoning application. Additionally,
Board of Supervisor approval of this Preliminary Master Development
Plan concept does not eliminate the requirement for a Master
Development Plan for the entire 73.79 -acres subject site.
File #3924/EAW 3
Grecmvay Engineering November 22, 2004; December 29, 2004
Januay 17, 2005; February 24, 2005;March 17, 2005: April 14, 2005
June 14, 2005; August I0. 2005; August 25, 2005
Revived October 3, 2006
C.) Transportation
Senseny Village Rezoning
1. The Applicant hereby proffers monetary contributions that are to be
utilized for improvements to the Senseny Road (Route 657) corridor
and/or a proposed north -south connector between Senseny Road and
Berryville Pike (U.S. Route 7). The contributions, in the amount of
$5,000 per single- family detached unit and $3,000 per townhouse unit,
total a potential maximum of $1.145 million dollars. The Applicant
authorizes the use of these contributions unconditionally by Frederick
County for transportation improvements to these roadways. This
monetary contribution shall be provided to Frederick County at the
time of building permit issuance for each dwelling unit.
2. The Applicant hereby proffers to design and construct right turn lanes
(and tapers) of eleven -foot width, and to include curb /gutter, on
Senseny Road at the Rossum Lane (Route 736) and Twinbrook Circle
(Route 867) intersections, within the existing Senseny Road right -of-
way. The construction of these improvements shall occur prior to the
issuance of the first building permit, but will not restrict site grading
and infrastructure installation on the subject properties.
3. The Applicant hereby proffers to design and construct improvements
to Rossum Lane (Route 736), to meet VDOT minimum geometric and
pavement design standards sufficient to allow for two -way travel,
curb /gutter, street lights, storm sewer, and a sidewalk located on the
west side of Rossum Lane within the existing Rossum Lane right -of-
way. Furthermore, traffic calming measures will be considered during
the design of the Rossum Lane improvement project. The construction
of these improvements shall occur prior to the issuance of the first
building permit, but will not restrict site grading and infrastructure
installation on the subject properties.
4. The Applicant hereby proffers to design the internal street system to
provide two means of access to Senseny Road via both Rossum Lane
(Route 736) and Twinbrook Circle (Route 867) for all residential lots.
Traffic calming measures will be considered during the design of the
internal street system connections to Rossum Lane, Glenridge Drive,
and Tax Map Parcel 65- ((A)) -72 if desired by VDOT.
5. The Applicant hereby proffers to provide for a right -of -way
dedication for the future Route 37 Eastern Bypass in conformity with
the Alternative C alignment depicted on the Frederick County Route
37 Corridor Study Functional Alignment dated October 1992, as
identified on the proffered GDP. This right -of -way dedication shall be
File #3924/EAW 4
Greenway Engineering November 22. 2004: December 29, 2004
January 17, 2005: February 24, 2005:March 17, 2005: April 14, 2005
June 14, 2005: August 10, 2005: August 25. 2005
Revised October 3, 2006
D.) Monetary Contributions
Senseny Village Rezoning
provided to Frederick County at no cost within 90 days after receiving
written request from Frederick County that the right -of -way is needed.
The Applicant hereby proffers monetary contributions in the amount of
$10,000.00 for each detached single- family dwelling unit, and $8,000.00 for
each townhouse dwelling unit, to mitigate impacts to capital facilities as
identified in the Frederick County Capital Facilities Fiscal Impact Model
Output Module prepared by the Frederick County Planning Department on
November 19, 2004. This monetary contribution shall be provided to
Frederick County at the time of building permit issuance for each dwelling
unit.
E.) Community Trash Collection
The Applicant hereby proffers to provide commercial trash pickup and waste
removal service to all residential land uses within the Senseny Village
community. The commercial trash pickup and waste removal service shall be
established by deed covenant and shall be assigned to the Senseny Village
Homeowners Association "HOA or sub association at such time as
identified in the legal documents setting forth the guidelines for the Senseny
Village HOA or sub association. The commercial trash pickup and waste
removal service shall remain in effect and be the responsibility of the Senseny
Village HOA or sub association until such a time that this service is provided
by Frederick County or other municipal providers.
F. Monetary Contribution to Establish Homeowners' Association Fund
The Applicant hereby proffers to establish a start-up fund for the Senseny Village
Homeowner's Association SVHOA) that will include an initial lump sum
payment of $2,500.00 by the Applicants and an additional payment of $100.00 for
each platted lot within the Senseny Village community of which the assessment
for each platted lot is to be collected at the time of initial transfer of title and to be
directed to the SVHOA fund. Language will be incorporated into the SVHOA
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 applicants to the SVHOA. The start-up funds
for the SVHOA shall be made available for the purpose of maintenance of all
improvements within the common open space areas, liability insurance, street
light assessments, and property management and /or legal fees.
File #3924/EA W 5
Greenway Engineering
G.) Signature
The conditions proffered above shall be binding upon the assigns and successors in
the interest of the Applicants who constitute the owners of the Property. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered foregoing conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted:
November 22, 2004: December 29, 2004
January 17, 2005; February 24, 2005:March 17, 2005: April 14, 2005
June 14, 2005; August 10, 2005: August 25, 2005
Revised October 3, 2006
Senseny Village Rezoning
By:
Quinnelly Group, LLC Date
Denver Quinnelly, Manager /Member
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 #3924 /EAW 6