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55A206_ChanningDriveMDPRESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS To consider individual master development plan revisions of Master Development Plan #08 -00 for Channing Drive, for the three developments a v . within the 376 -acre project, following the dedication and guarantee assuring the construction of the road known as Charming Drive. Action: BOARD OF SUPERVISORS: March 23, 2004 X❑ APPR ❑ DENIED WHEREAS, Rezoning 415 -99 of Charming Drive was submitted to rezone 354.3 acres from RA (Rural Areas) to RP (Residential Performance) and of 22.0 acres from RA (Rural Areas) to B2 (Business General) with the proffers submitted by the applicant. This properly is located on the north side of Senseny Road (Route 657), on both sides of Bean's Pond Lane, and adjacent to the Bedford Village, Apple Ridge, Senseny Glen, and Carlisle Heights Subdivisions, and is identified with PropertyldentificationNumbers 55 -A -206, 209, 211, 2t3 & 65 -A -30, 31, 39, 40 in the Red Bud Magisterial District. WHEREAS, Rezoning #15 -99 of Charming Drive was adopted by the Frederick County Board of Supervisors on December 8, 1999, and WHEREAS, Master Development Plan #08 -00 of ChanningDrive was adopted by Frederick County on December 5, 2001 and such master development plan illustrated planned and coordinated land uses and infrastructure improvements for the entire 376 -acre site, and WHEREAS, the current three development owners were party to or have assumed the original iMaster Development Plan, which arose as a request of those three properly owners and /or their predecessors, and WHEREAS, the County was requested to consider each development separately to enable revisions to the Master Development Plan by the individual developments, and WHEREAS, a key element of the Master Development Plan was the coordinated effort to construct Charming Drive as a major collector roadway, and WHEREAS, the dedication of Charming Drive and the guarantee of its construction would achieve an intent of the Proffered Conditions with the Rezoning; THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Frederick County would be amenable to consider individual master development plan revisions for the three developments within the 376 -acre development project following the dedication and improvement guarantee for Charming Drive. BOS Res 1/054 -04 Passed this 23rd day of March 2004 by the following - recorded vote: Richard C. Shicicle, Chainnan Aye Gary W. Dove Aye I W. Harrington Smith, Jr. Aye Barbara E. VanOsten Aye Lynda J. Tyler Ave Bill M. Ewing Ave Gina A. Forrester Aye A COPY ATTEST Z -- Rd R' ey, 3-y.' Frederi County Administrator Resolution Igo.: 054 -04 COUNTY of FREDERIC K Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 March 29, 2004 Manning & Ross Developers, LLC PO Box 27 Winchester, Virginia 22604 Lynnhaven LC 112 N Cameron Street Winchester, Virginia 22601 Fu -Shep Farm Partnership 405 Briarmont Drive Winchester, Virginia 22601 RE: Channing Drive Master Development Plan MDP #08 -00 Dear Gentlemen: On March 23, 2004, the Frederick County Board of Supervisors adopted a resolution which pertains to the Channing Drive Master Development Plan. Specifically, the adoption of this resolution enables the three developers to proceed with Master Development Plan revisions, which would be reviewed independently of one another. However, I would note that the major collector road known as Channing Drive would need to be dedicated and its construction guaranteed prior to the approval of any of the master development plan revisions. The adopted resolution has been attached for your information. Please contact me with questions concerning this letter. AICP Director Attachment: Resolution cc: /John R. Riley, Jr., County Administrator 107 North Kent Street • Winchester, Virginia 22601 -5000 r i:; : ti J AMENDMENT Action: PLANNING COMMISSION BOARD OF SUPERVISORS Recommended Approval on November 3, 1999 Approved December S, 1999 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 915 -99 OF CHANNING DRIVE WHEREAS, Rezoning #15 -99 of Charming Drive was submitted to rezone 354.3 acres from RA (Rural Areas) to RP (Residential Performance) and of 22.0 acres from RA (Rural Areas) to B2 (Business General) with the proffers submitted by the applicant. This property is located on the north side of Senseny Road (Route 657), on both sides of Bean's Pond Lane, and adjacent to the Bedford Village, Apple Ridge, Senseny Glen, and Carlisle Heights subdivisions, and is identified with Property Identification Numbers 55 -A -206, 209, 211, 213 & 65 -A -30, 31, 39, 40 in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on November 3, 1999; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 8, 1999; 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 354.3 acres from RA (Rural Areas) to RP (Residential Performance) and of 22.0 acres from RA (Rural Areas) to B2 (Business General), as described by the application and plat submitted, and subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes mT99 ".i This ordinance shall be in effect on the date of adoption. Passed this 8th day of December, 1999 by the following recorded vote: James L. Longerbeam, Chairman Aye Richard C. Shickle Aye W. Harrington Smith, Jr. Aye Margaret B. Douglas Ay e Charles W. Orndoff, Sr. Ave Robert M. Sager Ave A COPY ATTEST i Jo . Riley, Jr. Frederick County Administrator O'\Agendaz COMMENf R=NMG \RESOLMRChanningDhv ,RES w d PDRcs #31 -99 Greenway Engineering f Channing Drive Rezoning j { r 5 , - 4 IS C IA1,' NING DRIVE t PROPERTYID NUMBERS 55-((A))-206,209,211,213 & 65- ((A)) -30, 31, 39, 39A, 40 Pursuant to Section 15.2 - 2296 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 915 -99 for the rezoning of approximately 3543 acres from the Rural Areas (RA) zoning district to the Residential Performance (RP) zoning district, and the rezoning of 22.0 acres from the Rural Areas (RA) zoning district to the Business General (132) 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 accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. ARTICLE L• PHASED CONSTRUCTION PLAN This article shall apply to the following parcels: Lvnnehaven, L.C. 55 -((A)) -206, and 65- ((A)) -30, 31 Giles Farm 65-((A))-39,')9A Sheppard/Futral 55 -((A)) -209, 211, 21 and 65- ((A)) -40 The total number of residential building permits that may be issued for any parcel within the subject property in combination with all other above - referenced parcels shall not exceed the following phasing schedule: CreenwayEnVneering 1 - J - 1 Channing Drive Rezoning Year Permits Issued to Date 2000 79 2001 158 2002 237 2003 316 2004 395 2005 474 2006 553 2007 632 2008 711 2009 790 2010 846 ARTICLE H. LYNNEIMVEN, L. C. This article shall apply only to those properties currently owned by Lynnehaven, L.C., property identification numbers 55 -((A)) -206, and 65- ((A)) -30, 31. The subject properties are more particularly described as all of the land owned by Lynnehaven, L.C. as recorded in Deed Book 843 at Pages 415, 418, and 424 and reported to collectively contain 91.4 acres. The conditions proffered are as follows: A) AREA ZONED RP - 81.4 ACRES 1. MAXIMUM DENSITY The total number of lots shall be limited so as not to exceed a 2.5 unit per acre density for the entire subject area. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 2 Gieenway Engineering 4. SOLID WASTE L -,: t . Channing Drive Rezoning DA 9 5 IL41 I 1 4 8 The owners of the subject property shall pay $100.00 /mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. B) AREA ZONED B2 - 10.0 ACRES 1. PROHIBITED USES The following uses shall not be permitted on the subject property: Description SIC Automotive dealers Hotels and motels 701 Organization hotels and lodging 704 Golf driving ranges & miniature golf courses '7999 Self- service stora(ze facilities - -- Commercial batting cages operated outdoors - -- 2. MAXIMUM BUILDOUT In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings in said B2 area shall not exceed 100,000 square feet. 3. BUILDING FACADES Commercial structures within the proposed B2 area shall be faced with brick, drivet, or architectural block on three (3) sides. C) ENTIRE PARCEL 1. CHANNING DRIVE Charming Drive is a new major collector which will be constructed along the eastern boundary of the subject property. Charming Drive shall consist of an 80' dedicated right -of -way with two 12' lanes, along with any associated turn lanes required by the Virginia Department of Transportation. This thoroughfare will be built in sections as warranted by adjacent development. The following criteria establish when the property owner is required to extend Channing Drive: 3 Greenway Engineering ;; , „ _ G Channing Drive Rezoning a) Each subdivision plan for residential housing adjacent to a portion of Channing Drive that has not yet been constructed shall include the construction of the adjacent portion of said drive in the subdivision plan. b) The construction of the first section of Channing Drive, from Senseny Road to the proposed B2 area, shall be included in the first site plan submitted for the B2 area if said road section has not yet been constructed. c) All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 2. TRAFFIC SIGNALS a) The installation of a traffic, signal at the intersection of Senseny Road and Channing Drive shall be included in the first site plan submitted for the B2 area, if a traffic signal has not yet been installed at said intersection should residential traffic meet signalization warrants. The developer agrees to enter into a signal agreement with VDOT prior to final site plan approval. b) The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 3. BRIDGE IMPROVEMENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 4. TURN LANES AND RIGHT OF WAY DEDICATION a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with Channing Drive. Said lanes shall be constructed by the applicant at the time Channing Drive is connected to Senseny Road. b) Right and left turn lanes shall be constructed on Channing Drive at the intersection with the main entrance road into the Lynnehaven subdivision. m Greenway Engineering Channing Drive Rezoning c) The installation of a total of two turn lanes at the intersection of Senseny Road and Greenwood Road shall be included in the first site plan submitted for the B2 area, if two turn lanes have not yet been installed at said intersection. The necessity of said turn lanes, and their configuration will be subject to later review by the Virginia Department of Transportation. The owners of the subject property shall install said turn lanes or pay to the Virginia Department of Transportation up to $15,000 per turn lane towards the installation of said turn lanes. d) This paragraph shall apply to parcels 55 -((A)) -206, and 65- ((A)) -39, 39A: The first site plan submitted for either of these parcels which will result in more than 120,000 sf of commercial area for both parcels collectively shall result in an updated traffic study to determine if additional offsite improvements are required. Said traffic study shall require approval by the Virginia Department of Transportation. 5. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 6. MONETARY CONTRIBUTION �nnaue�i a) Residential In the event rezoning application 415 -9 9is approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,27831 per residential lot prior to the initial building permit being issued for said lot. 4 41 of This per lot monetary proffer provides for: $2,694.11 for Frederick County Public Schools $539.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue These payments are intended to offset the additional cost to Frederick County due to an increased demand on public services. b) Commercial In the event rezoning application L45-99 approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,245.60 prior to the initial building permit being issued within the B2 zoned area. This monetay contribution is intended to offset the additional capital costs to Frederick County for fire and rescue services. 5 Greenway Engineering Channing Drive Rezoning 04 ARTICLEIII: ROBERTA. ES, etals ( t� This article shall apply only to those properties currently owned by Robert A. Giles, et als, and Manning and Ross, LLC, property identification numbers 65- ((A)) -39, 39A. The subject property includes all of the land described as being owned jointly by Wanda G. High, Janita Giles, Robert A. Giles, and Richard F. Giles as recorded in Will Book 79, page 317, and in Deed Book 889 at Page 741. Said property is further described by a survey by Curtis L. McAllister dated February 13, 1990 and is reported to contain in aggregrate a total of 152.20 acres, The subject property includes all of the land now owned by Manning and Ross, LLC as recorded in Deed Book 948 at page 1760, and contains 51.0 acres. The conditions proffered are as follows: A) AREA ZONED RP - 140.2 ACRES 1. MAXIMUM DENSITY The total number of lots shall be limited so as not to exceed a 2.5 unit per acre density for the entire subject area. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. RECREATION CENTER A community recreation center shall be included in the master development of the subject site. This recreation center shall have a floor area of at least 3,000 square feet and shall include a pool and an outdoor multi - purpose playing court; the facade shall be constructed of brick, wood product, masonry, or drivet. Said facility shall be open for membership by residents of all subdivisions resulting from this Channing Drive Rezoning and shall also be open for membership to all other area residents. 4. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 5. SOLID WASTE The owners of the subject property shall pay $100.00 /mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Sensenv Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years. or the term of said lease. whichever is less. I Green way Engineering �I` J v �? i�li i J •J B) AREA ZONED B2 -12.0 ACRES 1. PROHIBITED USES The following uses shall not be permitted on the subject property: Description SIC Automotive dealers 55 Hotels and motels 701 Organization hotels and lodging 704 Golf driving ranges & miniature golf courses 7999 Self - service storage facilities - -- Commercial batting cages operated outdoors - -- 2. MAXIMUM BUILDOUT Channing Drive Rezoning In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings in said B2 area shall not exceed 120,000 square feet. 3. BUILDING FACADES Commercial structures within the proposed B2 area shall be faced with brick, driver, or architectural block on three (3) sides. C) ENTIRE PARCEL 1. CHANNING DRIVE Channing Drive is a new major collector which will be constructed along the western boundary of the subject property. Channing Drive shall consist of an 80' dedicated right -of -way with two 12' lanes, along with any associated turn lanes required by the Virginia Department of Transportation. This thoroughfare will be built in sections as warranted by adjacent development. The following criteria establish when the property owner is required to extend Channing Drive: a) Each subdivision plan for residential housing adjacent to a portion of Channing Drive that has not yet been constructed shall include the construction of the adjacent portion of said drive in the subdivision plan. b) The construction of the first section of Channing Drive, from Senseny Road to the proposed B2 area, shall be included in the first site plan submitted for the B2 area if said road section has not yet been constructed. 7 Green way Engineering ^.n �_ Channing Drive Rezoning A J lr� �3 c) All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 2. STREETSCAPE The main entrance road into the residential subdivision established on the Giles Farm property shall have four travel lanes, and shall have a median strip at least 10 feet wide. Said roadway shall be streetscaped with deciduous trees (at least one tree per 80 lineal feet), ground cover and shrubbery as allowed by the Virginia Department of Transportation. 3. TRAFFIC SIGNALS a) The installation of a traffic signal at the intersection of Senseny Road and Charming Drive shall be included in the first site plan submitted for the B2 area, if a traffic signal has not yet been installed at said intersection should residential traffic meet signalization warrants. The developer agrees to enter into a signal agreement with VDOT prior to final site plan approval. b) The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 4. BRIDGE IMPROVEMENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 5. TURN LANES AND RIGHT OF WAY DEDICATION a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with Charming Drive. Said lanes shall be constructed by the applicant at the time Charming Drive is connected to Senseny Road. b) Right and left turn lanes shall be constructed on Senseny Road at the intersection with the main entrance road into the Giles Farm subdivision. 8 Green way Engineering p i Q- I l n- � v j j Channing Drive Rezoning c) Right -of -way shall be dedicated to the Commonwealth of Virginia along the entire frontage of Senseny Road. Said right -of -way shall extend 40' from the existing road centerline. d) The installation of a total of two turn lanes at the intersection of Senseny Road and Greenwood Road shall be included in the first site plan submitted for the B2 area, if two turn lanes have not yet been installed at said intersection. The necessity of said turn lanes, and their configuration will be subject to later review by the Virginia Department of Transportation. The owners of the subject property shall install said turn lanes or pay to the Virginia Department of Transportation up to $15,000 per turn lane towards the installation of said turn lanes. e) This paragraph shall apply to parcels 55 -((A)) -206, and 65- ((A)) -39, 39A: The first site plan submitted for either of these parcels which will result in more than 120,000 sf of commercial area for both parcels collectively shall result in an updated traffic study to determine if additional offsite improvements are required. Said traffic study shall require approval by the Virginia Department of Transportation. 6. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and to settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 7. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT a) Residential In the event rezoning application n 15 -9 As approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,558.73 per residential lot prior to the initial building permit being issued for said lot i�' This per lot monetary contribution provides for: $2,958.80 for Frederick County Public Schools $554.80 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue These payments are intended to offset the additional cost to Frederick County due to an increased demand on public services. b) Commercial In the event rezoning application h15 -9§s approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,898.68 prior to the initial building permit being issued within the B2 zoned area. This monetary contribution is intended to offset the additional capital costs to Frederick County for fire and rescue services. W Greenway Engineering Channing Drive Rezoning oI 9 5 =1 'G 5 � 5 (7wln Cakes 1 OverlooK J ARTICLE IV. • DRS GEORGE SHEPPARD & ALLEN FUTRAL This article shall apply only to those properties currently owned by Drs. George Sheppard & Allen Futral, property identification numbers 55- ((A))- 209. 211, 213, and 65- ((A)) -40. The subject property is more particularly described as all of the land owned by Fu -Shep Farm Partnership as recorded in Deed Book 789 at Page 1022 and further described by a survey by Curtis L. McAllister dated February 13, 1990. The conditions proffered are as follows: 1. MAXIMUM DENSITY The total number of parcels shall be limited so as not to exceed a 2.2 unit per acre density for the entire collective area for parcels 55 -((A)) -209, 211, and 213, and a 2.5 unit per acre density for parcel 65- ((A)) -40. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 4. SOLID WASTE The owners of the subject property shall pay $100.00 /mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. 5. CHANNING DRIVE All of Charming Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 10 Greenway Engineering Channing Drive Rezoning .lI! 15 0 6. TRAFFIC SIGNAL The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 7. BRIDGE IMPROVEMENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 8. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and to settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 9. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT In the event rezoning application #15 -99 is approved, and the property is subsequently developed within an RP zone, the undersigned will pay to the Treasurer of Frederick County, Virginia $4,205.14 per residential lot prior to the initial building permit being issued for said lot. This per lot monetary contribution provides for: $3,568.94 for Frederick County Public Schools $591.07 for Frederick County Parks and Recreation -- $45.13 for Frederick County Fire and Rescue This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services. Green way Engineering July e 2, 1999 panning Drive Rezoning i� 5 ., 1 5j1 ARTICLE V. SIGNATURES The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: 1 Robert A. Giles, Executor, Giles Farm Commonwealth of Virginia, Commonwealth of Virginia, Cit /Coi ntty f 2� t �� _ To Wit: n p +n The foregoing instrument was acknowledged before me this day of 2\.2 ti•i 1999 by _ 1 L / Notary Public My Commission Expires J i� ohn Scully, LynhehaveiVL.0 Ld 1 1 i City �o_ unt of To Wit: The foregoing instrument was acknowledged before me this day of {t�l r.� N 1999 by Notary Public t My Commission Expire \ ? l I _ U 12 Green way Engineering - July 2, 1999 :tanning Drive Rezoning Oq Dr. George Sheppard 1 )) I t-- Marie Sheppard f Commonwealth of Virginia, Cit}JCoua!y,'of �� 9 rJ 0 1�1 �� To Wit: The foregoing instrument was acknowledged before me this �� day of P ,ta ;. 1999 by 0 �_I nl _ n �� Qi __ 7 Notary Public 1 My Commission Expires ��1. ,� \ GC Dr. Allen Futral Commonwealth of Virginia, Betty Futral City/ o unty of _�4 . 2 - k o ,� - L To Wit: (� The foregoing instrument was acknowledged before me this 4 +h day of l ," Uk0'i ! ,± , 1999 by U Notary Public My Commission Expires `I '�l = �I , 'QO C I 13 GreenwayEngineering _ } ti Channing Drive Rezoning J Ct J v ISavidMadison, Manager, Manning and Ross, LLC Commonwealth of Virginia, City ooun�f : kc> A To Wit: The foregoing instrument was acknowledged before me this e + � day of , 1999 by Notary Public My Commission Expires I � h l C \ .�� , Manager, Manning and Ross, LLC Commonwealth of Virginia, City' Cozen of o To Wit: The foregoing instrument was acknowledged before me thi day of 1999 by Notary Public My Commission Expires `1 ��r In � � ( > . k' No l 14 J I Ali Nib Proposed Trail Route locations shown � � � 1 � � �� hereon are general in nature. Exact � f � �� ( -� � i locations will be determined at time of �� -��-�1 _� final subdivision construction design. � '� ( \ � � ; u� �' TRAIL ROUTING PLAN DA'Z'E: Sep. 9, 1999 EXHIBIT A Scm 1 " =i000' GREENWAY ENGINEERING 151 WINDY HILL. LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662 -4185 wAV'. /'.All\ 799 -AF9fl VIRGINIA: - FREDERICK COUNTY, SC'C. _ Ji r � � I f - - -- CONNECTION KILL _ - cSEC- l-¢NTS of CRANNIWI DRIVE R055MANN BLVD. ARE COMPLETED TO THE PRIMARY MEANS OP \ SE ACC.E55 TO THE VARIOUS PH O 1 1 BOARD OF SUPER`/ - Fill A\ �� I COUNTY of Department of Public Works, 5401665 -5643 FAY: 540/678-0682 MEMORANDUM TO: Bonnie Waybright Finance Department FROM: Gloria Puffinburger Public Works Department . ice THROUGH: Harvey E. Strawsnyder, Jr., P.Ao�- Director of Public Works SUBJECT: Proffers for Solid Waste DATE: April 12, 2005 Proffers in the amount of $100 per month are being paid for the ovreign Village, Lynnehaven and Twin Lakes Overlook subdivisions (Charming Drive) in order to offset the cost of solid waste management. The yearly payment is in the amount of $3,600 for the three communities. According to proffer statements supplied by the county's planni being paid to the general fund by the owner for each of the thre period of ten years or $12,000 per owner or $36,000 total. I we assistance in locating these funds so that we may apply them to Greenwood convenience site. If you have any questions, please telephone me at 722 -8219. /gmp cc: file department, $100 a month is xbdivisions for a maximum i greatly appreciate your lease renewal for the 107 North Rent Street • Winchester. Virginia 22601 -5000