43A15B_RussellGlendobbinAMENDMENT
Action:
PLANNING COMMISSION: May 17, 2006 - No Recommendation
BOARD OF SUPERVISORS: July 26, 2006 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #17 -05 OF RUSSELL- GLENDOBBIN
WHEREAS, Rezoning 917 -05 of Russell - Glendobbin, submitted by Patton Harris Rust & Associates,
to rezone 31.1851 acres from RA (Rural Areas) District to RP (Residential Performance) District with
proffers on the property sought to be rezoned, including a proffer to limit the number of dwellings to 30 on
the property, and proffers on adjoining property owned by applicants, was considered. The property sought
to be rezoned is identified by Property Identification Number (PIN) 43-A-1 5B. The additional properties to
be subject to proffers, but not to be rezoned, are (i) PIN 43- 19 -57, a 6.89 acre parcel zoned MI (Light
Industrial) District, and (ii) PIN 43 -A -16, a 36.54 acre Preservation Tract zone RA. Parcels 43 -A -1513 and
43 -A -16 are located south and adjacent to Glendobbin Road (Route 673), approximately 3,250 feet west of
the intersection of Glendobbin Road and Payne Road (Route 663), in the Stonewall Magisterial District.
Parcel 43 -19 -57 is located at the northern terminus of Kentmere Court, in the Stonewall Magisterial
District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on May] 7. 2006; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 26, 2006; 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 31.1851 acres from RA (Rural Areas) District to RP (Residential Performance) District with
proffers on the property sought to be rezoned, including a proffer to limit the number of dwellings to 30
Oil the property, and proffers on adjoining property owned by applicants, 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 119 -06
This ordinance shall be in effect on the date of adoption.
Passed this 26th day of July, 2006 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Nom'_
Gary Dove
A y e
Bill M. Ewing
Aye
Gene E. Fisher
Ay
Charles S. Dellaveu, Jr.
Aye
Philip A. Lemieux
Aye
A COPY ATTEST
John R..Riley, Jr. rr`
Frederick County AAmistrator
PDRes. 919 -06
PROPOSED PROFFER STATEMENT
REZONING: RZ. # 17 -05
RA (Rural Areas) to RP (Residential Performance) on Tax
Map Parcel ( "TMP ") 43 -A -15B
PROPERTY: Tax Map Parcels: 43- A -15B, 43 -A -16, 43 -19 -57 (the
"Property ")
RECORD OWNER: Glen W. and Pamela L. Russell
APPLICANT: Glen W. and Pamela L. Russell
JUL 7
PROJECT NAME: Russell - Glendobbin
ORIGINAL DATE
OF PROFFERS: May 1, 2005
REVISION DATE(S): August 4, 2005 November 9, 2005 March 9, 2006
April 11, 2006 June 23, 2006 June 27, 2006
The undersigned hereby proffers that the use and development of the subject
property ( "Property "), as described above, shall be in strict conformance with the
following conditions, which shall supersede all other proffers that may have been made
prior hereto. In the event that the above referenced RP conditional rezoning is not
granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed
withdrawn and shall be null and void. Further, these proffers are contingent upon final
rezoning of Tax Map Parcel 43 -A -1513 with "final rezoning" defined as that rezoning
which is in effect on the day following the last day upon which the Frederick County
Board of Supervisors (the "Board ") decision granting the rezoning may be contested in
the appropriate court. If the Board's decision is contested, and the Applicant elects not to
submit development plans until such contest is resolved, the term rezoning shall include
the day following entry of a final court order affirming the decision of the Board which
has not been appealed, or, if appealed, the day following the date on which the decision
has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience
or reference only and shall not control or affect the meaning or be taken as an
interpretation of any provision of the proffers. The term "Applicant" as referenced herein
shall include within its meaning all future owners and successors in interest. When used
in these proffers, the "Generalized Development Plan," shall refer to the plan entitled
"Generalized Development Plan, Russell - Glendobbin Property" dated June 23, 2006
revised June 27, 2006 (the "GDP "), a copy of which is attached.
A. PROFFERS APPLICABLE TO TAX MAP PARCEL 43 -A -I5B
1. LAND USE:
1.1 Residential development on the Tax Map Parcel 43 -A -1513
shall not exceed a maximum of 30 single family detached dwelling units.
1.2 The project shall develop solely with single family detached residential
uses. The minimum lot size for said uses shall be 30,000 square feet. The
minimum lot width, as taken from the front setback line, shall be 100 feet.
1.3 No dwelling units shall be permitted within 200 feet of any active orchards
located on adjacent properties. (See GDP)
1.4 No dwelling units shall be permitted within 100 feet of any adjacent
properties in agricultural use. (See GDP)
2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN
APPROVALS:
2.1 The Property shall be developed as one single and unified development in
accordance with applicable ordinances, regulations, and design standards,
and this Russell - Glendobbin Proffer Statement as approved by the Board.
3. FIRE & RESCUE:
3.1 The Applicant shall contribute to the Board the sum of $889.00 per
dwelling unit for fire and rescue purposes, payable upon the issuance of a
building permit for each single family detached unit.
4. SCHOOLS:
4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per
dwelling unit for school purposes, payable upon the issuance of a building
permit for each single family detached unit.
5. PARKS & OPEN SPACE:
5.1 The Applicant shall contribute to the Board the sum of $1,288.00 per
dwelling unit for recreational purposes, payable upon the issuance of a
building permit for each single family detached unit.
6. LIBRARIES:
6.1 The Applicant shall contribute to the Board the sum of $213.00 per
dwelling unit for library purposes, payable upon the issuance of a building
permit for each such single family detached unit.
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7. SHERIFF'S OFFICE:
7.1 The Applicant shall contribute to the Board the sum of $42.00 per
dwelling unit for the Sheriff's Office upon issuance of building permit for
each such unit.
8. ADMINISTRATION BUILDING:
8.1 The Applicant shall contribute to the Board the sum of $203.00 per
dwelling unit for construction of a general governmental administration
building upon issuance of building permit for each such unit.
9. WATER & SEWER:
9.1 The Applicant shall be responsible for connecting the portion of the
Property located within the Sewer and Water Service Area to public water
and sewer, and for constructing all facilities required for such connection.
All water and sewer infrastructure shall be constructed in accordance with
the requirements of the Frederick County Sanitation Authority.
10. ENVIRONMENT:
10.1 Stormwater management and Best Management Practices (BMP) for the
Property shall be provided in accordance with the Virginia Stormwater
Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which
results in the highest order of stormwater control in existing Virginia law
at the time of construction of any such facility.
11. TRANSPORTATION:
11.1 Transportation improvements shall be designed and constructed consistent
with the study entitled, "A Traffic Impact Analysis of the Russell -
Glendobbin Property," prepared by Patton Harris Rust & Associates, PC,
dated May 4, 2005 (the "TIA "). The Applicant shall privately fund all
transportation improvements required of this project.
11.2 The Applicant shall contribute to the Board the sum of $300.00 per
dwelling unit for future improvements of the intersection of Martinsburg
Pike (Route 11) and Welltown Road (Route 661), payable at the time of
building permit issuance for each residential unit.
11.3 The Applicant shall dedicate sufficient land, not to exceed 350 feet in
width, across Tax Map Parcel 43 -A -1513 for the right of way for VA Route
37 limited access highway in the location generally depicted on the GDP,
or such other location as determined by the County, at no cost to Frederick
County; said right of way to be dedicated within ninety (90) days of
3
request by the County. The County shall set the specific alignment of the
Route 37 right of way on Tax Map Parcel 43 -A -1513 by January 30, 2007;
provided should the County fail to do so by January 30, 2007, it shall do
so within thirty (30) days after written notice from Applicant after January
30, 2007.
12. ESCALATOR CLAUSE:
12.1 In the event the monetary contributions set forth in the Proffer Statement
are paid to the Frederick County Board of Supervisors ( "Board ") within
thirty (30) months of the approval of this rezoning, as applied for by the
Applicant, said contributions shall be in the amounts as stated herein. Any
monetary contributions set forth in the Proffer Statement which are paid to
the Board after thirty (30) months following the approval of this rezoning
shall be adjusted in accordance with the Urban Consumer Price Index
( "CPI -U ") published by the United States Department of Labor, such that
at the time contributions are paid, they shall be adjusted by the percentage
change in the CPI -U from that date twenty -four (24) months after the
approval of this rezoning to the most recently available CPI -U to the date
the contributions are paid, subject to a cap of 6% per year, non-
compounded.
B. PROFFERS APPLICABLE TO TAX MAP PARCEL 43 -A -16
13. SUBDIVISION:
13.1 Future subdivision of Tax Map Parcel 43 -A -16 shall be prohibited except
for any subdivision necessary to dedicate right of way to the County of Frederick for the
future VA Route 37 limited access highway as generally shown on the GDP.
14. TRANSPORTATION:
14.1 The Applicant shall dedicate sufficient land not to exceed 350 feet in
width across Tax Map Parcel 43 -A -16 for the right of way for Virginia Route 37 limited
access highway in the location generally depicted on the GDP, or such other location as
determined by the County, at no cost to Frederick County; said right of way to be
dedicated within ninety (90) days of request by the County. The County shall set the
specific alignment of the Route 37 right of way on Tax Map Parcel 43 -A -16 by January
30, 2007; provided should the County fail to do so by January 30, 2007, it shall do so
within thirty (30) days after written notice from Applicant after January 30, 2007.
C. PROFFERS APPLICABLE TAX MAP PARCEL 43 -19 -57
15. TRANSPORTATION:
15.1 The Applicant shall dedicate sufficient land, not to exceed 350 feet in
width, across Tax Map Parcel 43- 19 -57, in the location generally depicted on the GDP, or
such other location as determined by the County, together with the balance of Tax Map
Parcel 43 -19 -57 located south and east of said right of way; all of said dedication to be
applied to the right of way for the VA Route 37 limited access highway, at no cost to
Frederick County; said right of way to be dedicated within ninety (90) days of request by
the County. The County shall set the specific alignment of the Route 37 right of way on
Tax Map Parcel 43 -19 -57 by January 30, 2007; provided should the County fail to do so
by January 30, 2007, it shall do so within thirty (30) days after written notice from
Applicant after January 30, 2007.
Respectfully submitted,
Glen W. Russell
By: '6y' 4'4�'
Title: He,Mb
Pamela L. Russell
By: M 0" � 4, ' ..-,�
Title: ! 1L�1�ylq�
STATE OF VIRGINIA,
COUNTY OF FREDERICK, to -wit:
The foregoing instrument was acknowledged before me this day of
2006, by J �� r J G.t� P Ga (�� SSell .
Sol I
My commission expires: Z ZQ ZOO
NLJ
Notary Public
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RUSS
GLENDOBBIN
Patton,
Harris, Rust
Associates, pc
a,
GENERALIZED
DEVELOPMENT PLAN
117 E.
Piudilly St. Winchester, Virginia 22601
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VOICE:
�\(TM 43-L A-1
(540) 665-0493
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TRACT 'X
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RUSS
GLENDOBBIN
Patton,
Harris, Rust
Associates, pc
a,
GENERALIZED
DEVELOPMENT PLAN
117 E.
Piudilly St. Winchester, Virginia 22601
Cb
VOICE:
(540) 667-2139 FAX:
(540) 665-0493
FREDERICK COUNTY, KROINIA