Loading...
63A2_TheVillageAtHarvestRidgeAMENDMENT Action: PLANNING COMMISSION: November 20, 2002 - Recommended Approval BOARD OF SUPERVISORS: December 17, 2002 ❑' APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #10 -02 OF THE VILLAGE AT HARVEST RIDGE WHEREAS, Rezoning #10 -02 of the Village at Harvest Ridge, was submitted by G. W. Clifford & Associates, Inc., to rezone 16.92 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located south and adjacent to Route 622 (Cedar Creek Grade) bordering the City /County line, and is identified with Property Identification Number 63 -A -2. An adjoining 9.82 -acre tract zoned RP, identified with Property Identification Number 63 -A -3, was submitted for proffer amendments to the residential density; and the combined tracts, totaling 26.74 acres, are in the Shawnee Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on November 20, 2002; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 17, 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 rezone 16.92 acres, identified with Proeprty Identification Number 63 -A -2, from RA (Rural Areas) to RP (Residential Performance) District; and the previously- approved proffers associated with an adjoining 9.82 -acre tract zoned RP, identified with Property Identification Number 63 -A -3, are hereby amended as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes A31 -02 This ordinance shall be in effect on the date of adoption. Passed this 17` day of December, 2002 by the following recorded vote: Richard C. Shickle, Chairman Aye Sidney A. Reyes Abst ained Gina A. Forrester Abst ained Margaret B. Douglas Aye W. Harrington Smith, Jr. Aye Robert M. Sager Aye Lynda J. Tyler Aye A COPY ATTEST K /--- John fley, Jr. Frederick County Administrator ITRcs. 431 -02 01AgnWas \COMMLNTS\RLZON I NO \RIWLiJ N \Villa, ct Harvest Ridge vvpd REZONING REQUEST PROFFER Property Identification Number 63 -A -2 Back Creek Magisterial District VILLAGE AT HARVEST RIDGE 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 410 -02 for the rezoning of 16.92 acres from the Rural Area (RA) to Residential Performance (RP) and the rezoning with revised proffer of 9.82 acres from RP (single family) to RP (small lot -age restricted). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terns 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. The approval of theses proffers shall eliminate and void any pre - existing proffer statement controlling development of the lands involved. Monetary Contribution The undersigned, who own the above described property, hereby voluntarily proffer that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 26.74 acres, with frontage along Cedar Creek Grade in the Back Creek Magisterial District of Frederick County, Virginia to RP (small lot -age restricted), the undersigned will pay to Frederick County at the time the first building permit is applied for the sum of $1,539.00 per residential building lot. This monetary proffer provides for $543.00 for Frederick County Parks & Recreation; $481.00 for Frederick County Fire and Rescue; $87.00 for Sheriff's Office and $241.00 for Administration Building and $187.00 for the Public Library. General Development Plan Voluntarily proffered is the attached Generalized Development Plan which includes the following conditions: 1. All housing within the 26.74 acre tract shall be single family small lot in accordance with the County zoning ordinance. A maximum of 90 single family small lot units shall be constructed on the property. 2. All streets shall be private with approved connection to two City maintained interparcel connector streets. Terms of city streets to have approved turn around for vehicular traffic. November 21, 2002 Page I of 5 REZONING REQUEST PROFFER Property Identification Number 63-A -2 Back Creek Magisterial District Village at Harvest Ridge I The 26.74 acre tract shall be designated by deed to be "age restricted" under the U.S. Fair Housing Act. Stipulations shall require at least 80% of the occupied housing units have an occupant who is 55 or older and that no unit shall be occupied by a child under the age of 19 as a permanent resident. The intent is to provide a project for retirement housing that does not generate an impact on the Frederick County School system. 4. An emergency only private road connection shall be made to Cedar Creek Grade in the County in the location shown. 5. A landscape screen shall be installed along the west property line between areas of preserved vegetation. 6. Existing trees and vegetation in designated open space areas to be cleaned up, protected and preserved. This preserved vegetation shall serve as a landscape screen against adjacent uses. Some clearing may be necessary for utilities and stonmwater management in which case the vegetative screen shall be supplemented with new planting in order to achieve the purpose of a landscape screen. 7. Side and rear lot lines of small lot development adjacent to the existing or proposed City single family housing shall be located a minimum of 25' from the project boundary line and the resulting open space shall have an interior landscape screen or preserved natural vegetation. 8. Trails and/or sidewalks at least 4' in width shall connect each lot in the development. The walkways to be continuous to allow a pedestrian to walk to all parts of the project without leaving the walkway system. The system is to connect to city sidewalks at "2" in both locations. Walkways to be either in front or rear of dwelling units. 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 OWNERS Greystone, LLC Bv Date: 1 � as p� By: Date: If 12- November 21, 2002 Page 2 of 5 REZONING REQUEST PROFFER Property Identification Number 63 -A -2 Back Creek Magisterial District Village at Harvest Ridge STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: T foregoin instrument was ack nowledged before me this _ 7 r� day of � 2002, by —d Z� 00 m I et 7� mPS T, U C ((.t° i S My commission expires - O� Notary Public ` b � November 21, 2002 Page 3 of 5 Commercial Entrance to Cedar Creek Grade ® Emergency Connection to Cedar Creek Grade © Protect Existing. Vegetation / Trail and /or ® Sidewalk System to each lot Parcel for Rezoning 16.92 Acres 60 SFSL Homes r O Landscape ©Protect Existing Vegetotion Currently 9,62 Ac. Zo RP Tract (included in this Propo ,) 30 SFSL Homes t/ / %qe at Harvest Ridge C N o GENERAL /ZED DEI�ELOPMENT PLAN I 0 — — — — — Interior Landscape Screen ® Preserve Existing Vegetation W. Clifford gr ossoci— o� inc Enghwa Lew pknwv water ou,,Ry 117 E %joy 5L W ffh lc �rginio 21601 1910E: ( 500) -- 7 =21 F (510) 644 -0493 at4L awiR� 4 JTES: 1. NO TITLE REPORT FURNISHED, 2. EASEMENTS OTHER THAN SHOWN MAY EXIST. 3. THE LOT SHOWN HEREON LIES WITHIN ZONE "C AN AREA OF MINIMAL FLOODING, . PER F.I.R.M. 51DO63 0115 8, DATED JULY 17, 1978, ARC = 224.90' CEDAR CREEK GRADE] VA SEC. ROUTE 622 4414' 4. CITY /COUNTY LINE TAKEN - - -__ N / FROM PLAT BY DAVID F. /�o SPRIGGS, DATED OCTOBER 24 , 2001, RECORDED IN ry �� Q 2 ty ?/ INSTR BACK CREEK MAGISTERIAL DISTRICT 'CITY' X (COUNTY) AND WAS NOT � - ?� �ON�& 72� V_ FIELD VERIFIED. f ,py C4� y (� o '�i H 4b b Yry ��h h h Z ry v - p- �p��2-' it 0 /J4 i O O Ci�' O��C �' P oory , r y ��ZF /N 6 33s 2 ,� N aFL .� �N GSF Z Nf BOA f . 98 � `c RA �Fyr s7 QY/ w \ qC 'o N .o / E ND IRS IRON REBAR SET IRF IRON REBAR FOUND RRS RAILROAD SPIKE FOUND LINE TABLE LINE BEARING DISTANCE L1 S16.23'42'E 200.32' L2 N7– — 13'E 1 145.37' REZONING PLAT - - -__ OF THE LAND OF TH OF Lac GREYSTONE PROPERTIES LLC o BACK CREEK MAGISTERIAL DISTRICT BRUCE EDENS FREDERICK COUNTY, VIRGINIA iH- No. 000162 —B DATE 10 /23/02 _ SCALE: 1 " =300' SHEET 1 OF 1 10 /�'/e : t S 4 4N l aCV MARSH & LEGGE LAND SURVEYORS 5U v E I , P. 560 NORTH LOUDOUN STREET – WINCHESTER, VIRGINIA 22601 PHONE (540) 66 7 -0468 – FAX (540) DRAWN BY: JGB 66 7 -0469 EMAIL office®marshandlegge.com i DWG NAME: id4579rz ry / \ J G E S Fr? i cr.._4-