64A40_AdamsFamilyLimitedPartnershipRedFoxRunIIAMENDMENT
Action:
PLANNING COMMISSION: Recommended Approval on April 5, 2000
BOARD OF SUPERVISORS: Approved April 26, 2000
THE ZONING DISTRICT MAP (P FOX
REZONING #02 -00 OF ADAMS FAMILY LIMITED PARTNERSHIP RuN zr)
WHEREAS, Rezoning 402 -00 of Adams Family Limited Partnership was submitted by Painter - Lewis,
P.L.C., to rezone 35.396 acres from Ml (Light Industrial) to RP (Residential Performance). This property
is part of the Airport Business Center, Section II, is accessible from Bentley Avenue via Front Royal Pike
(Route 522) and is identified by Property Identification Number 64 -A -40 in the Shawnee Magisterial
District.; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 5, 2000;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 26, 2000;
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 35.396 acres from M1 (Light Industrial) 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 #12 -00
This ordinance shall be in effect on the date of adoption.
Passed this 26th day of April, 2000 by the following recorded vote:
Richard C. Shickle, Chairman AV Sidney A. Reyes
W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye
Charles W. Orndoff, Sr. Aye Robert M. Sager Aye
A COPY ATTEST
Jo R. Riley, Jr.
Frederick County Administrator
PDRes. # 12 -00
0 :V gmdaw\ COMMENTS \R ONMG USOLIITMAd Fmily RES.wpd
PAINTER- LEWIS, P.L.C.
CONSULTING ENGINEERS tel.: (540)662 -5792
302 South Braddock Street - Suite 200 fax.: (540)662 -5793
Winchester, VA 22601 email: paintlew @mnsinc.com
PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID -64 ((A)) 40
Shawnee District
Frederick County, Virginia
January 11, 2000
Prepared for: Mr. Kevin Adams
ADAMS - NELSON & ASSOCIATES
401 Pegasus Court
Winchester, Virginia 22602
Prepared by: PAINTER- LEWIS, P.L.C.
302 South Braddock Street - Suite 200
Winchester, VA 22601
Tel.: (540)662 -5792
Job Number: 9610002
PROFFER STATEMENT _
PARCEL ID 64 ((A)) 40
SUMMARY
The subject parcel contains 35.396 acres and is part of the Airport Business Center
Section II. The parcel is vacant. The current zoning is M -1. Adjacent property is zoned
RP or RA. The owner desires to rezone the parcel from M -1 to RP, RESIDENTIAL
PERFORMANCE DISTRICT.
The intended purpose for the rezoning would be to allow the construction of single
family lots. The owner intends to develop single family lots with urban amenities such
as curb, sidewalk, and street lighting. The monetary proffers as generated by the
Frederick County Capital Facilities impact model will be paid as required under the
current payment structuring which provides for a 50% payment of the Parks and
Recreation and Schools categories.
Pursuant to the applicable provisions of the Frederick County:Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application # 02 -00 for the rezoning of
35.396 acres on Parcel 64 -A -40 from M -1 to RP, development of this particular 35.396
acres will be in conformity with the terms and conditions set forth in this document.
These terms and conditions may be subsequently amended, or revised by the owner of
the property with permission from the Frederick County Board of Supervisors in
accordance with Frederick County codes. These proffers shall be binding on the owner
and their legal successors or assigns.
PROFFERS
1. The owner will subdivide the 35.396 acres for the purpose of creating single
family lots. The lots will conform to the design standards for "Single Family
Detached Urban" housing as set forth in Chapter 165 of the Frederick County
Zoning Ordinance.
2. The owner will provide written notification in each property deed of the proximity
of the properties to the Winchester Regional Airport.
Monetary Contribution to Frederick County Service Organizations
The owner will pay or will cause to be paid to the Treasurer of Frederick County the
sum of $5,645.5 per lot for impacts to schools, fire and rescue services, parks services,
and other miscellaneous services. This sum will be paid upon receipt of a building
permit for each lot. These moneys are to be allocated as follows:
• Fire and Rescue Department: $899.00
• Schools: $3,581.00
• Parks and Recreation Department: $597.50
• Public Library: $210.00
• Sheriff's Offices: $117.00
• Administration Building: $241.00
• Other Miscellaneous Facilities: $0.00
PROFFER STATEMENT
PARCEL ID 64 ((A)) 40
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the event that the Frederick
County Board of Supervisors grant this rezoning and accepts these proffers, then these
proffers shall apply to the land rezoned in addition to the other requirements of the
Frederick County Code.
Submitted By:
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this /3' day of M,a h by
Kevin Adams, President, Adams Family Limited Partnership
My commission expires on Expiration Date July 37, 2002
Notary Public