53A88_CLRobinsonMerrimansChaseAMENDMENT
Action:
PLANNING COMMISSION: I Recommended Approval on December 3 1997
BOARD OF SUPERVISORS: Approved on February Il 1998
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
9005 -97 of C. L. Robinson ( "Merriman's Chase ")
WHEREAS, Rezoning Application 9005 -97 of C. L. Robinson, submitted by G. W. Clifford, Inc.,
requested the rezoning of 26.895 acres currently zoned RA (Rural Areas) to RP (Residential
Performance). The property is located on the west side of Merriman's Lane (Route 621) at
Winchester and Western Railroad crossing and east of Route 37, approximately 1,100' south of
Breckenridge Lane identified with P.I.N. 53 -A -88 in the Back Creek Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 3,
1997; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on January
14, 1998 and deferred action to February 11, 1998; 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 26.895 acres currently zoned RA (Rural Areas) to RP (Residential Performance) as
described by the application and plat submitted, subject to the attached conditions voluntarily
proffered in writing by the applicant and the property owner.
•
PD Res. 1003 -98
This ordinance shall be in effect on the date of adoption.
• Passed this 11th day of February, 1998 by the following recorded vote:
James L. Longerbeam, Chairman Abstai Richard C. Shickle Aye
W. Harrington Smith, Jr. A y e Margaret B. Douglas Aye
Charles W. Omdoff, Sr. A Robert M. Sager Na
A COPY ATTEST
John R ey, Jr.
Frederick County Administrator
r
• O: UGE4DASIR=NDROBMSONRES
PDR. tlMai
Rezoning Request Proffer
• Property Identification Number 53- ((A)) -88
C.L. Robinson
Preliminary Matters
Pursuant to Section 15.1 - 491.1 et. seq., of the Code of Virginia, 1950, as amended,
and the provisions of the Frederick County Zoning Ordinance with respect to
conditional zoning, the undersigned applicant hereby proffers that in the event
the Board of Supervisors of Frederick County, Virginia shall approve Rezoning
Application # 005 -97 for the Rezoning of 26.895 acres from RA Zoning District
to RP Zoning 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
these proffers shall be deemed withdrawn and of no effect whatsoever. These
proffers shall be binding upon the applicant and their legal successors or assigns.
General Development Plan
The undersigned, who owns the above described property hereby voluntarily
proffers that if the Board of Supervisors for the County of Frederick, V
approves the rezoning for the 26.895 acre tract, lying on the west side of
• Merriman's Lane in Back Creek Magisterial District of Frederick County, Virginia
from RA to RP, the undersigned will submit a master development plan that
will provide for a street layout connecting with State Route 621 (Merriman's
Lane) as shown on the attached Addendum "A" - Preliminary Master
Development Plan dated July 29, 1997.
The undersigned voluntarily proffers that the rezoned property shall not be
subdivided into more than fifty -four (54) single family detached houses and
further that no apartments, duplexes or other multi- family buildings shall be
constructed upon the 26.895 acre property.
Phas
The undersigned voluntarily proffers that the final phase of development of the
project is that phase identified on the attached Addendum "A" - Preliminary
Master Development Plan dated July 29, 1997. Plats for the final phase as
identified shall not be approved and recorded until fifty percent (50 %) of the lots
remaining have either been built upon or building permits have been issued.
Consumer Notification
The undersigned voluntarily proffers that the rezoned property, when
subdivided into lots for sale, shall include a consumer notification attached to
• the subdivision plats. The consumer notification shall state that there is a
Rezoning Request Proffer
Page 2
possible project that would extend Jubal Early Drive and construct a possible
interchange with Route 37.
The undersigned, who owns the above described property hereby voluntarily
proffers that if the Board of Supervisors for the County of Frederick, Virginia
approves the rezoning for the 26.895 acre property, lying on the west side of
Marriman's Lane in the Back Creek Magisterial District of Frederick County,
Virginia from RA Zoning District to RP Zoning District, the undersigned will
pay to Frederick County, at the time a building permit is applied for, the sum of
three thousand nine hundred ten dollars and three cents ($3,910.03) per
approved lot ($3,299.90 for Schools and $591.08 for Parks and Recreation plus,
$19.05 for Fire and Rescue).
In essence, the total sum of three thousand nine hundred ten dollars and three
cents ($3,910.03) will be paid to Frederick County at the time of building permit
application for approval.
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in interest of the Applicant and Owner. In
the event the Frederick County Board of Supervisors grant said zoning of 26.895
acres from RA Zoning District to RP Zoning District and accepts these conditions,
the proffered conditions shall apply to the property rezoned in addition to other
requirements set forth in the Frederick County Code.
Respectfully submitted,
Property
L
Date: /— `" ! p
STATE OF VIRGINIA, AT LARGE
CITY OF WINCHESTER, To -wit:
The foregoing instrument was acknowledged before me this '7 1 �` -day of
My l Commission expires:
Notary Public
,� I/� \� 114 �' I �` �,}�
- 3
0 4
r .
O
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540/665 -6395
MEMORANDUM
TO: Cheryl Shiffler, Finance Director
FROM: Eric Lawrence, Director
RE: Proffers for Merriman's Chase - C. L. Robinson
DATE: June 18, 2002
For your information, this is a distribution breakdown for the proffers received for Merriman's Chase.
As of February 11, 1998, fifty -four (54) lots are available for building permits. The amount of the
proffer is- $3;3;99$:03 - per lot. 3; q
You have provided us with a Finance Department Code number (301019110043) and a Treasurer's
Code number (10 DP) so that we can make deposits for these lots.
Total: $3,910.03
Break down of funds to be distributed: $3,299.90 to Frederick County Public Schools
$ 591.08 to Frederick County Parks & Recreation
19.05 to Frederick County Fire & Rescue
Total= $3,910.03
We have received proffer payment for the following lots: 2, 3 & 9 - 24.
Thank you!
M
is
107 North Kent Street • Winchester, Virginia 22601 -5000