55A105_RedBudRunAMENDMENT
Action:
PLANNING COMMISSION: July 1, 2002 - Recommended Approval
BOARD OF SUPERVISORS: October 9, 2002 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #/05 -02 OF RED BUD RUN
WHEREAS, Rezoning 1#05 -02 of Red Bud Run, was submitted by G. W. Cli fford R Associates, Inc.,
to rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. This property
is located north and adjacent to Rt. 7, east and adjacent to Woods Mill Road (Rt. 660), directly between
Red Bud Road and Rt. 7, and is identi fled with Properly Identification Numbers 55 -A -105, 106 and 107
in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on July I, 2002; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 9, 2002;
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 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District as described
by the application and plat submitted, subject to the attached conditions voluntarily proffered in
writing by the applicant and the property owner.
PDRcs 424 -02
This ordinance shall be in effect on the date of adoption.
Passed this 9" day of October, 2002 by the following recorded vote:
Richard C. Shickle, Chairman
Gina A. Forrester
W. Harrington Smith, Jr.
Lynda J. Tyler
Aye Sidney A. Reyes Nay_
Nay Margaret B. Douglas Aye
Abs ent Robert M. Sager Aye
Aye
A COPY ATTEST
Joh i . ibl , ey, Jr.
Frederick County Ac ministrator
PDRes. 924 -02
0 W,,,dns \COMMENTS \REZONING \RESOLUTN Red End Run -pd
REZONING REQUEST PROFFER
Property IdentlTicadon Naamber 55 -A -105, 106 u 107
Stonewall Ylugisterial District
RFD BUD RUN
Preliminary Matters
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 rezoning, the undersigned applicant
herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve
Rezoning Application #r5 2 for the rezoning of 157.01 acres from the Rural Area (RA) to Residential
Performance (RP). 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 Virginia law. 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 successor or assigns.
Monetary Contribution
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 157.01 acres, with
frontage along VA Route 7 in the Stonewall Magisterial District of Frederick County, Virginia from RA
to RP, the undersigned will pay to Frederick County at the time a building permit is applied for the sum
of $6,454.00 per lot.
This monetary proffer provides for $3,581.00 for Frederick County Schools, $598.00 for Frederick
County Parks and Recreation; $707.00 for Frederick County Fire and Rescue, $210.00 for Public
Library; $117.00 for Sheriffs Office and $241.00 for Administration Building.
A portion of the above - described property exists within the core battlefield area of the Third Battle of
Winchester as delineated by the National Park Service. A portion of the site also possesses a sensitive
linear environmental area surrounding Red Bud Run. The site is not a government priority for
acquisition as a part of the Battlefield Park. There is a priority identified to protect the view shed along
Berryville Canyon (Va Rte 7), and this has been-acknowledged and mitigated in (8) below. Also, a plan
to set aside and protect the sensitive environmental areas along Red Bud Run has been proffered.
Frederick County together with the Shenandoah Valley Battlefields Foundation has also reached
agreement on funding of historic preservation and for the installation of historic trails and other
improvements. The owners have discussed this program with County Supervisors and are moved to
voluntarily assist in this continuing capital investment program. For these reasons the Property Owner
hereby proffers to pay to Frederick County at the time of building permit the sum of $1000.00 per lot as
an unrestricted }gift for Historic and Open Space Preservation. It Is specified that these funds may be
used for either or both Historic Battlefield Preservation and Open Space Preservation.
General Development Plan
Voluntarily proffered is the attached Proffer Plan including the following improvements:
On the 157.01 acres to be zoned RP no more than 300 single family dwelling units shall be
constructed. These units shall consist of single family home lots. No multi - family units shall be
constructed on this property.
(Revision 9/30/02) Page I of4
REZ0NJNC REQUEST PROFFER
Properly Identification Number & 307
Stonewall Nlagi5lerinl District
Red Said Rain
VA Route 7 and Woods Mill Road shall be improved to VDOT standards. This improvement
shall include work as necessary to: (See 2 on Proffer Plan)
Modify, alter or reconstruct Route 7 east bound lane, left turn lane and taper to the Route
7 /Route 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, acceleration
lane from Route TRoute 660 crossover. Install stoplight control on west bound lane.
Modify, alter or reconstruct the Route 7 west bound lane, right turn lane and taper to Route
660. Construct a right turn lane and taper, Route 7 east bound lane, into the Blue Ridge
Mobile Home Park.
Modify, alter or reconstruct Woods Mill Road between Route 7 and the project entrance to a
3 -lane section and provide transitions to pavement north of the project entrance. Enter into a
signalization agreement with VDOT regarding the new intersection.
3. A series of interconnecting roads shall be constructed in Phase 1 of project to connect Woods
Mill Road with Morgans Mill Road. This will provide a rear access to the Frederick County
Public School's site upon approval by the School and VDOT. (See 3 on Proffer Plan). This
entrance shall be gated until approved for uncontrolled use by the Board of Supervisors. In the
event improvements for sight distance are required for the street connection on Morgans Mill
Road this work shall be performed by the property owner.
4. All lot and tertiary road system access to be directly on the internal street system. There will be
no new access points on VA Route 7 as the result of this project.
5. A stream preservation parcel of 28.4 acres shall be established along Red Bud Run. This parcel
shall be available for public use. This land shall be in addition to open space requirements of the
Frederick County Zoning Ordinance. Additionally, all project open space shall have applied a
- - -- -- preservation easement to limit future disturbance. (See 5 on Proffer Plan). The 28 acre parcel
shall be held and preserved in ownership by the owner until an appropriate open space plan is
approved by the Board of Supervisors at which time the land and/or rights shall be transferred to
the approved management agency. Prior to transfer, the 28.4 acre parcel shall be available for a
public use easement upon resolution of matters involved with property owner liability and
easement ownership.
6. Gravity sanitary sewer mains shall transfer wastewater to the Ash Hollow Watershed. An FCSA
sewage pumping station shall not be constructed in the Red Bud Run Watershed.
7. Stormwater runoff resulting from improvements constructed within the Red Bud Run and Ash
Hollow Run Watersheds shall receive treatment as required by the Virginia Stormwater
Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order
of stormwater control existing under Virginia law.
8. A viewshed protection plan for VA Route 7 shall be prepared in concert with the Shenandoah
Valley Battlefields Foundation. The findings of this plan shall be incorporated into the buffering
plan for Red Bud Run at the time of Master Plan approval. (See 8 on Proffer Plan).
(Revision 9/30/02) Page 2 of
REZONING REQUEST PROFFER
Property ]denlit:catien Number' -105, 106 & 107
Stonewall Magisterial District
Red Bud Run
A viewshed protection plan shall be prepared in concert with the County Planning staff for
frontages along Morgans Mill and Woods Mill Road as a part of the Master Plan approval
process. Private lot entrances shall not be allowed onto Morgans Mill Road, Woods Mill Road
or VA Route 7. (See 9 on Proffer Plan).
10. The property owner shall, if directed by the Board of Supervisors, obscure the median crossovers
at the Morgans Mill Road intersection with VA Route 7 and shall construct a right turn lane on
westbound Route 7 into Morgans Mill Road. All work shall be in accord with permits issued by
VDOT.
11. Phasing of this 300 lot project shall be provided in three (3) phases of approximately 100 lots in
each phase. Improvements associated with transportation (No. 2 and No. 3 above) shall be
initiated and completed as a part of Phase One of the development and prior to building permit
issuance in Phase 2.
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 rezoning and accepts these conditions, the proffered conditions shall apply to the
land rezoned in addition to other requirements set forth in the Frederick County Code.
Respectfully submitted,
PROPERTY OWNER
,.i
Patrick A. McTiernan
/ Z�
Thomas M. McTleman
Date: " L C Date:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
G - 2 --- -0_�_.
T foregoing instrument was acknowledged before me this e nd
day of
j
2002, by 1 a F (. I� K1 b` _ i ll , (fl C 1 i Q "( n
My commission expires
Notary Public �-� e a,�p
(Revision 9/30/02) Page 3 of
/W:
1.33 ACRES
TM55 Parcel105
PARCEL NOT A PART
OF REZONING wo
TM55 Parcel 107A R =ye
PJ & DG McTiernan�
2 Acres
1
ew
I,
No
Red Bud Run
0
PROFFERED PLAN
Total Lands for
Rezoning - 157.01 Ac.
w. clifford y& associates, inc.
Bgmm Land Marron water Malty
117 E Pkaddly SL Knehesta, yagmia 22601
VOICE: (510) 667 -2139 FAX: (510) 665 -0493 eM gKiffOmm
5n 1 4 of