55A208_BeanPropertyAMENDMENT
Action:
PLANNING COMMISSION: April 21, 2004 Recommended Approval
BOARD OF SUPERVISORS: May 12, 2004 El APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #04 -04 OF BEAN PROPERTY
WHEREAS, Rezoning #04 -04 of Bean Property, submitted by Greenway Engineering, to rezone
5 acres from RA (Rural Areas) District to RP (Residential Performance) District. The subject property
is located on Bean's Pond Lane, approximately `i2 mile north of Senseny Road. The site adjoins the
Lynnhaven and Sovereign Village Subdivisions, and is identified by Property Identification Number
55 -A -208 in the Red Bud Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 21, 2004; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 12, 2004; 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 5 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.
PD Res #06 -04
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of May, 2004 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. VanOsten Aye
Gina A. Forrester
Nay
Gary Dove
Aye
W. Harrington Smith, Jr.
Aye
Bill M. Ewing
Aye
Lynda J. Tyler
Aye
A COPY ATTEST
Jo .Riley, Jr.
Fre erick County A ministrator
PD Res. #06-04
Greenway Engineering - November 4, 2003 Bean Property Rezoning
Revised February 4, 2004
Revised February 18, 2004
BEAN PROPERTY REZONING
Tax Parcel 55 -((A)) -208
Red Bud 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 49Y—
for the rezoning of 5.0 acres from the RA, Rural Areas District to establish 5.0 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 land owned by The Trustees of
the Helen R. Bean Trust being all of Tax Map Parcel 55 -((A)) -208, and further described
by Deed Instrument 010011489 recorded August 27, 2001 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 5.0 -acre site shall be limited to single - family
detached urban lots.
B.) Monetary Contribution for County Services
The applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia at the
time of building permit issuance $3,278.31 for each single - family detached urban lot that
is located completely on the 5.0 -acre site, or for each single - family detached urban lot
that has the majority (more than 50 %) of the lot area located on the 5.0 -acre site.
File #2185REAW
Greenway Engineering November 4, 2003 Bean Property Rezoning
Revised February 4, 2004
Revised February 18, 2004
This per lot monetary proffer provides for:
$2,694.11 for Frederick County Public Schools
$539.07 for Frederick County Parks and Recreation
$45.13 for Frederick County Fire and Rescue
In addition, the applicant hereby proffers to pay to the Treasurer of Frederick County,
Virginia $50,000.00 to cover capital costs associated with Fire and Rescue and/or Public
School needs within thirty (30) days of Final Subdivision Plat approval for the residential
lots on the 5.0 -acre parcel.
C.) Monetary Contribution for Traffic Signalization
The applicant hereby proffers to provide a monetary contribution of $12,000.00 to
Frederick County to be utilized as a portion of the local match for the Revenue Sharing
Program for the purpose of the installation of traffic signalization at the intersection of
Greenwood Road (Route 656) and Valley Mill Road (Route 659). The $12,000.00
monetary contribution will be provided to Frederick County within thirty (30) days of
written notification that the Virginia Department of Transportation has advised Frederick
County that traffic signalization at this intersection has been warranted.
D.) Channing Drive Major Collector Road
The applicant hereby proffers to develop the portion of Charming Drive that traverses the
eastern boundary of the 5.0 -acre parcel. Furthermore, the applicant hereby proffers to
prohibit any connection to Channing Drive and to provide a continuous road efficiency
buffer along the eastern boundary of the 5.0 -acre parcel.
File 42185RfEAW 2
Greenway Engineering
E.) Signatures
November 4, 2003 Bean Property Rezoning
Revised February 4, 2004
Revised February 18, 2004
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. � o� , G,? / lu 3 I / / 1 `/
Trustees of the Helen R. Bean Trust date
Commonwealth of Virginia,
City County f C-1'ede4ck To Wit:
The foregoing instrument was acknowledged before me this I µh day of MOVO' k
2004 -by Oe"_Ico - P\. Beovl
Notary Public
My Commission Expires bnxlv 2Q
_I._ CL G-17 VL( OS il✓IQ. L.
S-I Ote -ri S
File #2185R/EAW