65A47_SWEJAMENDMENT
Action:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
September 17, 2003
October 8, 2003
Recommended Approval
El APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #08 -03 OF SWEJ, LLC
WHEREAS, Rezoning 908 -03 of SWEJ, LLC, was submitted by Greenway Engineering to rezone
4.017 acres from RA (Rural Areas) District to RP (Residential Performance) District for property
located on the north side of Senseny Road (Route 657) and adjacent to Senseny Glen subdivision at the
end of Dell Court (Route 1409), and is identified with Property Identification Numbers 65 -A -47 and
65 -A -48 in the Red Bud Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on September 17,
2003;and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 8, 2003;
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 4.017 acres from RA (Rural Areas) District 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.
PDRes 923 -03
This ordinance shall be in effect on the date of adoption.
Passed this 8 day of October, 2003 by the following recorded vote:
Richard C. Shickle, Chairman
Ave
Sidney A. Reyes
Aye
Gina A. Forrester
Nay
Margaret B. Douglas
Aye
W. Harrington Smith, Jr.
A y e
Robert M. Sager
Aye
Lynda J. Tyler
Aye
A COPY ATTEST
I
John'R. ley, Jr.
Fre� 7ck County Administrator
PDRes. 423 -03
0 Rezoning R,,.1ai ... \SWEJ,LLC."d
Greenway Engineering June 17. 2003 SWEJ, LLC. Rezoning
Revised September 25, 2003
SWEJ, LLC. REZONING
Tax Parcels 65- ((A)) -47 & 65- ((A)) -48
REtl f3u�y Magisterial District
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
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 08 -03
for the rezoning of 4.017 acres from the RA, Rural Areas District to establish 4.017 acres
of RP, Residential Performance 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 SWEJ, LLC.
being all of Tax Map Parcels 65- ((A)) -47 and 65- ((A)) -48, and further described by Deed
Instrument 030005619 recorded March 17, 2003 in the Frederick County Clerk of the
Court Office.
The applicant hereby proffers the following:
A.) Land Use Restrictions
The applicant hereby proffers that the 4.017 -acre site will be limited to five single -
family detached traditional building lots. Single - family detached housing shall be the
only housing type permitted on the 4.017 -acre site
B.) Access
The applicant hereby proffers that access to the 4.017 -acre site will be limited to
direct access to Dell Court. No primary or secondary access points will be permitted
to occur on the Senseny Road frontage on the 4.017 -acre site to serve any residential
building lot.
File t13719/EAW
Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning
Revised September 25, 2003
C.) Open Space
The applicant hereby proffers to provide for a minimum of 0.40 acres of open space
that will be located on parcel 65- ((A)) -47. This open space will be connected with a
ten -foot access easement that is accessible from Dell Court.
The applicant hereby proffers to provide for a road efficiency buffer along the portion
of Senseny Road that adjoins the five single - family detached traditional building lots
and further proffers to establish homeowners covenants that require the maintenance
of the road efficiency buffer.
D.) Monetary Contribution to Offset Impact of Development
The undersigned owners of the above - described property hereby voluntarily proffer
that in the event rezoning application # 08 -03 is approved, the undersigned will
pay to the Treasurer of Frederick County, Virginia a total of $10,089 per single - family
detached traditional building lot at the time of building permit issuance for each
residential lot.
E.) Generalized Development Plan
The applicant hereby proffers to provide for a Generalized Development Plan depicting
the location of residential land use and the location of all road efficiency buffer and open
space areas associated with the 4.017 -acre site. The Generalized Development Plan shall
serve as the guide for the Subdivision Design Plan for this acreage.
File N3719/EAW 2
Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning
Revised September 25, 2003
F.) 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:
By: �'-1,UW a &6, 5c)Es GIB, J e� � 0 gl7s�v3
SWEJ, LLC. 1 Date
Commonwealth of Virginia,
ci /County f Crec{Poick. To Wit:
The foregoing instrument was acknowledged before me this 25 of
2W,aby by-Ukp A. l'tJVlr SuIET LL-C Me-rd beZ
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Notary Public
My Commission Expires FP�yt� �a2-q 2-0041— �
Z LQS Co'vlwti56ioned 0. NI0+rt QS ' )book, L• S ?S
File #3719/EAW
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