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76A22_DanfordRidgePropertiesAMENDMENT Action: PLANNING COMMISSION: October 16, 2002 - Recommended Approval BOARD OF SUPERVISORS: November 13, 2002 Q APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #11 -02 OF DANFORD RIDGE PROPERTIES, L. C. WHEREAS, Rezoning #11 -02 of Danford Ridge Properties, L.C., was submitted by Greenway Engineering to revise the previously- approved proffer statement associated with the original application, Rezoning #019 -98. This property is located on the west side of Front Royal Pike (Route 522) across from Parkins Mill Road (Route 644) and is identified with Property Identification Numbers 76 -A -22 and 76 -A -23 in the Shawnee Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on October 16, 2002; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 13, 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 the attached revised conditions, voluntarily proffered in writing by the applicant and the property owner, do hereby replace the previously- approved Proffer Statement associated with Rezoning #019 -98. PDRes 927 -02 This ordinance shall be in effect on the date of adoption. Passed this 13th day of November, 2002 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Sidney A. Reyes Ave Aye`{ Margaret B. Douglas Aye Aye Robert M. Sager Aye Aye _. A COPY ATTEST kzKkC— Jo . Riley, Jr. Frederick County Administrator PDRes. #27 -02 0%Agend \ COMMENTS\ REZONING \RESOLUTN\Dznford Rid, Rcv.,cdd< wpd Greenway Engineering November 1998 Damurd Ridge Properties, L.C. Revised August 28, 2002 Rezoning October 4, 2002 DANFORD RIDGE PROPERTIES, L.C. REZONING Tax Parcels #76- ((A)) -22 & 76- ((A)) -23 Shawnee Magisterial District Preliminary Matters Pursuant to Section 15.2 -2296 fit. 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 #11 -02 to modify the proffer statement that received conditional zoning approval as a part of Rezoning Application #019 -98 which rezoned 103.74 acres from the Rural Areas (RA) District to Residential Performance (RP) 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 the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall -be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Jasbo, Inc. being all of Tax Map Parcel 76- ((A)) -22 and 76- ((A)) -23 as further described by Deed Book 935 Page 1531 in the Frederick County Clerk of the Circuit Court Office. Monetary Contribution_ To_Offset_Impact Of Development The undersigned owners of the above- described property hereby voluntarily proffer that in the event rezoning application # 11 -02 is approved; the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ 3,484.29/lot for Frederick County Public Schools $ 591.06 /lot for Frederick County Parks and Recreation $ 12.62/lot for Frederick County Fire and Rescue This payment, totaling $4,087.97/lot is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid at the time of the building permit. File #2291 B /FAW 1w .. - Greenway Engineering November 1998 Danford Ridge Properties, L.C. Revised August 28, 2002 Rezoning General Development Plan The applicant hereby proffers to develop the 103.74 -acre property in substantial conformance with a General Development Plan prepared by Greenway Engineering and dated August 28, 2002 and approved as part of the rezoning application. The General Development Plan is intended to delineate the road systems that will serve the residential lots and the location of the future extension of Warrior Drive and Parkins Mill Road. Voluntarily proffered is the attached General Development Plan including the following improvements: 1. The applicant hereby proffers that no more than 250 single- family lots shall be developed on the 103.74 acres to be zoned RP District. No multi - family units shall be constructed on this property. 2. The applicant hereby proffers that the development of the subject property shall provide for a street layout connecting with Ruddy Drive in Canter Estates — Section III, for a right- in/right -out connection to Front Royal Pike, and for a connection to the future extension of Parkins Mill Road on the west side of Front Royal Pike. 3. A traffic impact study will be conducted using Virginia Department of Transportation (VDOT) procedures -for th&`development within the Danford Ridge properties. The traffic impact study will be conducted during the Subdivision Design Plan process. Improvements to Front Royal Pike (Route 522) and the interior roads will be constructed by the applicant as determined by VDOT. 4— Steep=slope and evitonmental areas, as defined-b— tthe Frederick County Zoning — Ordinance, that are located along the Danford Ridge property line bordering Opequon Creek shall be maintained to preserve the viewshed of the Frederick Hall historic structure ( 434 -143). The location of Frederick Hall and the area along the Danford Ridge property line bordering the Opequon Creek are provided on the General Development Plan and will further identified on the required Master Development Plan for this property. 5. Warrior Drive shall be shown on the attached General Development Plan dated August 28, 2002. Warrior Drive shall be located to conform to the approved Wakeland Manor Master Development Plan. The applicant will provide a 100 - foot right -of -way for Warrior Drive in the southwestern portion of the property to provide for the continuation of Warrior Drive from Wakeland Manor through the property. File 92291 n /EAw 2 Greenway Engineering Signatures November 1998 Danford Ridge Properties, L.C. Revised August 28, 2002 Rezoning 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: `T By 1114 44j "r 9•a '3 -0 Beverley B Shoemaker i,... -- Date Commonwealth of Virginia, City County of FVeciP_v j ck_ _ To Wit: rd The foregoing instrument was acknowYedged before me'thisZ3 day of �_ fir✓ fYi E� s� 2002by 6e,- ey-k -v 3 Shj_-rn ker ✓ Notary Eu lic My Commission Expires Few: 4 f2,9, Z Pile #2291 B /EA W X:Vob01ceU.291- U=rEstaWse NGINEERINGU291 BCANTBRWimiing \EXNIBITSl229]SDP.dwg,J T t ail \ J• / ( , 1011, JJ i�K ii ��A a �hml t rt i� F.t �l)iia /�1 11 rrfAl111rr v f f�; Vsr �(rrr �I , � fi ayf' f �f r xa a ' p )a I I ryy+t� 1/1 1 XLI \'p '4 C \( u iY i 7 Ir\ N3 1 w v 6'ro ns �h� lA \sfli i F' DANFORD RIDGE — SHOEMAKER `b m 1si vnnay B;ii cane i J Flncheetci Vi,eiNa 222)2 � GENERAL DEVELOPMENT PLAN � i >� via :., remnl,o..� sno ssz ?tes OPEQUON MAGISTERIAL DISTRICT �! FREDERICK COUNTY, VIRGINIA °•.,,._" _J