5343E_WestburyCommonsAMENDMENT
Action:
PLANNING COMMISSION: January 19, 2005 - Recommended Approval
BOARD OF SUPERVISORS: February 9, 2005 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 413 -04 OF WESTBURY COMMONS
WHEREAS, Rezoning #13 -04 of Westbury Commons, submitted by Greenway Engineering, to rezone
3.13 acres from B2 (General Business) District to RP (Residential Performance) District. This property
fronts on the east side of Westminster- Canterbury Drive (route 1318), approximately 1,000 feet south of
the intersection of North Frederick Pike (Route 522), in the Stonewall Magisterial District, and is identified
by Property Identification Numbers (PINS) 53 -4-3 -E and 53- 4 -3 -F.
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 19, 2005;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 9 2005; 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 3.13 acres from B2 (General Business) 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 404 -05
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of February, 2005 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gina A. Forrester Aye Gary Dove Aye
Lynda J. Tyler Aye Bill M. Ewing Aye
Gene E. Fisher Aye
A COPY ATTEST
Y7
John R. iley, Jr. I
Frederick County Administrator
PDRes #04 -05
Greenway Engineering August 13, 2004 Westbury Commons Rezoning
Revised September 29, 2004
Revised November 3, 2004
Revised December 2, 2004
Revised December 22, 2004
Revised January 20, 2005
I 0
403
RECORD OWNER:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATA:
Preliminary Matters
PROPOSED PROFFER STATEMENT
RZ # 13 -04
Business General (132) to Residential Performance (RP)
3.13 -acres +J -;
Tax Parcels 53- ((4)) -3 -E & 53- ((4)) -3 -F (the "Property ")
Harvest Communities, Incorporated
Harvest Communities, Incorporated
WESTBURY COMMONS REZONING
August 13, 2004
January 20, 2004
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 # 13 -04
for the rezoning of 3.13 -acres from the Business General (B2) 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 these applicant and their legal successors, heirs, or assigns.
The subject property, identified as Westbury Commons, and more particularly described
as the lands owned by Harvest Communities, Incorporated, being all of Tax Map Parcel
53- ((4)) -3 -E and 53- ((4)) -3 -F and being the same property as shown on a plat of survey
prepared by Elliot Ritchie, Jr., LS, recorded in Clerk's Office of Frederick County,
Virginia in Deed Book 553 at Page 489.
File #4079 /AJC
Greenway Engineering August 13, 2004 Westbury Commons Rezoning
Revised September 29, 2004
Revised November 3, 2004
Revised December 2, 2004
Revised December 22, 2004
Revised January 20, 2005
A. Generalized Development Plan
The applicant hereby proffers to develop the 3.13 -acre property in substantial
conformance with a Generalized Development Plan approved as part of the rezoning
application.
B. Declaration
A Deed of Subdivision and Declaration of Restrictive Covenants ( "Declaration ") shall be
recorded with the subdivision record plat. The Declaration shall provide for a
Homeowners Association and set forth maintenance responsibilities for all common areas
and facilities.
C. Residential Use Enhancements
1. The applicant hereby proffers that the 3.13 -acre property shall be developed
pursuant to the "Single- family small lot" detached dwelling unit option as
permitted in the Residential Performance (RP) District. All other housing types
allowed in Section 165 -65 are hereby prohibited.
2. The applicant hereby proffers to limit the total number of "Single- family small
lots" to eleven (11), with all lots being subdivided to a minimum of 6,000 square
feet within the privately held lot area. Each lot shall adjoin common open space
areas along the rear property line.
3. The applicant hereby proffers that for those lots that share a driveway with an
adjacent lot, the Declaration and the deeds for the affected properties shall set
forth the maintenance responsibilities for the shared driveways.
D. Private Street
The applicant hereby proffers to serve the community with a private street. The cross
sectional dimension of pavement thickness an compacted base thickness will meet or
exceed the public street pavement section standards utilized by the VDOT. The
Westbury Commons Homeowners Association shall be responsible for the maintenance
of this street. All residential lots shall have frontage on the private street access
easement.
File #4079 /AJC 2
Greenway Engineering August 13, 2004 Westbury Commons Rezoning
Revised September 29, 2004
Revised November 3, 2004
Revised December 2, 2004
Revised December 22, 2004
Revised January 20, 2005
E. Age- Restricted Community
The applicant agrees that the following language shall be included in the Declaration and
the deeds conveying real property designated as age- restricted housing on that portion of
the property.
All occupied residential units shall be occupied by at least one person fifty -five (55) years
of age or older and within such units the following conditions shall apply:
All other residents must reside with a person who is fifty -five (55) years of age or
older, and be a spouse, a cohabitant, an occupant's child of eighteen (18) years of
age or older, or provide primary physical or economic support to the person who
is fifty -five (55) years of age or older. Not withstanding this limitation, a person
hired to provide live -in, long term or terminal health care of a person who is fifty -
five (55) years of age or older for compensation may also occupy a dwelling
during any time such person is actually providing such care.
2. Guests under the age of fifty -five (55) are permitted for periods of time not to
exceed sixty (60) days total for each such guest in any calendar year.
3. if title to any lot or unit shall become vested in any person under the age of fifty -
five (55) by reason of descent, distribution, foreclosure or operation of law, the
age restriction covenants shall not work a forfeiture or revision of title, but rather,
such person thus taking title shall not be permitted to reside in such lot or unit
until he /she shall have attained the age of fifty -five (55) or otherwise satisfies the
requirements as set forth herein. Notwithstanding, a surviving spouse shall be
allowed to continue to occupy a dwelling unit without regard to age.
F. Recreational Amenities
The applicant hereby proffers to construct a five -foot wide asphalt pedestrian trail
system throughout the project, with connections to the center commons and
community center as depicted on the Generalized Development Plan. The pedestrian
trail shall be linked to the private street, at a minimum, via a crossing at the entrance
and legal access in the vicinity of specific driveways, as depicted on the Generalized
Development Plan.
G. Open Space
1. The applicant hereby proffers to provide community commons open space in the
center and northwest quadrant of the project, as well as around the perimeter of
the site.
File 4?4079 /AJC 3
Greenway Engineering August 13, 2004 Westbury Commons Rezoning
Revised September 29, 2004
Revised November 3, 2004
Revised December 2, 2004
Revised December 22, 2004
Revised January 20, 2005
2. The applicant hereby proffers to provide a Category B full screen buffer along the
portion of the northern project property line adjacent to existing B2 zoned parcel.
3. The applicant hereby proffers to provide a twenty -five (25) foot landscaped buffer
along the western project property line, adjoining Westminster- Canterbury Drive
(Route 1318).
H. Monetary Contribution to Offset Impact of Development
The undersigned owner of the above - described property hereby voluntarily proffers that
in the event rezoning application # 13-04 is approved, the undersigned will pay into the
General Fund of Frederick County, Virginia $1,000 for each residential lot that is platted,
to mitigate fiscal impacts to County services. This monetary contribution will be paid at
the time of the building permit issuance for each residential lot.
File 94079/AJC
Greenway Engineering August 13, 2004 Westbury Commons Rezoning
Revised September 29, 2004
Revised November 3, 2004
Revised December 2, 2004
Revised December 22, 2004
Revised January 20, 2005
I. 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 Submi - 7
By:
Stuart Butler, President Date
Harvest Communities, Inc.
Commonwealth of Virginia,
City/ oun�f Fl OF6ir ,L To Wit:
The foregoing instrument was acknowledged before me this A5� day of
20 05 by S Fu�Ayi- (�Uy �f�r', PwSIC cv) 1 I V4`E3�' C�'� 1'tJ✓iU�Yi'�icS
-aL
Notary Public
My Commission Expires �f �Jb JQh2{ fi, 2C �JC�ti
File#4079 /AJC