64A10_Russell150AMENDMENT
Action:
PLANNING COMMISSION: March 16, 2005 - Recommended Approval
BOARD OF SUPERVISORS: September 28, 2005 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #01 -05 FOR RUSSELL 150
WHEREAS, Rezoning 901 -05 for Russell 150, was submitted by Greenway Engineering to rezone
96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural
Areas) District to RP (Residential Performance) District. This property fronts on the west side of Front
Royal Pike (Route 522), opposite Airport Road (Route 645), in the Shawnee Magisterial District, and is
identified by Property Identification Numbers (PINS) 64 -A -10 and 64 -A -12. The property also fronts on
the east side of Interstate 81.
WHEREAS, the Planning Commission held a public hearing on this rezoning on March 16.2005; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 13, 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 }'i'cu l.,x: i c;iin:y Lode, zoning. is a ae ❑iuc i0 !' , . Vise tiie Zorililg District 1viap to
change 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 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.
PDaes, h 1 I -05
This ordinance shall be in effect on the date of adoption.
Passed this 28th day of September, 2005 by the following recorded vote:
Richard C. Shickle, Chairman Ave Barbara E. Van Osten Aye
Gina A. Forrester Na y Gary Dove Aye
Lynda J. Tyler Aye Bill M. Ewing Aye
Op ' ne F FichPr Aye
A COPY ATTEST
z vi4
John R. ij y. Jr.
PDRes. #Il -05
Greenway Fneineering October 22, 2004 Russell 150 Rezoning
Revised October 27, 2004; Revised February 17, 2005
Revised March 16, 2005; Revised September 16, 2005
Revised September 28, 2005
RUSSELL 150, LC - PROFFER STATEMENT
REZONING: RZr 0 1 -05
Rural Areas (RA)
to Business General (132) and Residential Performance (RP)
PROPERTY: 150.28 -acres + / -;
Tax Parcels 464- ((A)) -10 & 64- ((A)) -12
RECORD OWNER: Russell 150, LC
APPLICANT: Russell 150, LC (here -in after the "Applicant ")
PROJECT NAME: Russell 150
ORIGINAL DATE
OF PROFFERS: October 22, 2004
REVISION DATE: September 16, 2005
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 # 01 -05
for the rezoning of 150.28± -acres from the Rural Areas (RA) District to 96.28+ -acres of
Business General (132) District and 54.0± -acres Residential Performance (RP) District,
development of the subject property ( "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
the Applicant and any legal successors, heirs, or assigns.
The Property, identified as Russell 150, and more particularly described as the lands
owned by Russell 150, LC, being all of Tax Map Parcels 64- ((A)) -10 and 64- ((A)) -12
and further as shown on a plat entitled Survey of the Remaining Lands of June H.
Russell, by Ebert and Associates dated February 13, 1998.
File 4370111 °A W
Greenway Engineering October 22, 2004 Russell 150 Rezoning
Revised October 27, 2004; Revised February 17, 2005
Revised March 16, 2005; Revised September 16, 2005
Revised September 28, 2005
1. Generalized Development Plan
The Applicant hereby proffers to develop the Property in substantial conformance with a
Generalized Development Plan prepared by Greenway Engineering dated September 16,
2005 ( "GDP ") approved as part of the rezoning application. The GDP is intended to
delineate the major thoroughfares that will traverse the Property and provide access to the
commercial and residential land bays. The roundabout design identified at the
intersection of Warrior Drive and Airport Road Extended is intended to be developed
unless the Virginia Department of Transportation ( "VDOT ") determines that another
intersection design is warranted during the review and approval of the Public
Improvement Plan for this transportation improvement. VDOT approval of another
intersection design at Warrior Drive and Airport Road Extended will not necessitate
approval of a new GDP by the Board of Supervisors. The GDP identifies the 96.28± -acre
Business General (132) District land bay and the 54.0± -acre Residential Performance (RP)
District land bay.
II. Transportation
A. Community Development Authority (Agreement to Participate)
The Applicant hereby proffers to participate fully in the Community Development
Authority ( "CDA ") special taxing district for the purpose of financing the construction of
specified public infrastructure, briefly described as (1) the Interstate -81 /East Tevis Street
flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road Extended, and East
Tevis Street and associated bicycle lanes within the Property, and (3) certain water and
sewer capital facilities associated with these thoroughfares. The utilization of the CDA
provides funding for the simultaneous development of all covered public infrastructure,
thus enabling the construction of all of these facilities in a single unified project
concurrent with the first phase of private improvements. If for any reason the described
improvements within this section are unable to be completed through the CDA funding
source, the Applicant agrees to fund and complete said improvements concurrent with the
first phase of improvements by the Applicant.
B. Warrior Drive
The Applicant hereby proffers to construct the ultimate section of Warrior Drive within
the Property in conformance with the Public Improvement Plan that will be approved by
VDOT prior to any development activity on the Property. The Applicant shall dedicate a
minimum 120 -foot wide right -of -way extending from the intersection with East Tevis
Street to the southern boundary of the Property, in an alignment consistent with the GDP
and the VDOT approved Public Improvement Plan. The intersection of Warrior Drive
and East Tevis Street shall be configured so as to maintain East Tevis Street as the
through movement. The intersection with Airport Road Extended shall be in the form of
File P3701 /EAW 2
Greenway Engineering October 22, 2004 Russell 150 Rezoning
Revised October 27, 2004; Revised February 17, 2005
Revised March 16, 2005; Revised September 16, 2005
Revised September 28, 2005
a roundabout unless VDOT determines that another intersection design is warranted
during the review and approval of the Public Improvement Plan for this transportation
improvement. If for any reason the described improvements within this section are
unable to be completed through the CDA funding source, the Applicant agrees to fund
and complete said improvements concurrent with the first phase of improvements by the
Applicant.
C. Airport Road Extended
The Applicant hereby proffers to construct the ultimate section of Airport Road Extended
within the Property in conformance with the Public Improvement Plan that will be
approved by VDOT prior to any development activity on the Property. The Applicant
shall dedicate right -of -way as required by VDOT, extending from the eastern boundary
of the Property to the intersection with Warrior Drive, in an alignment consistent with the
GDP and the VDOT approved Public Improvement Plan. The Applicant shall install full
intersection improvements at the Front Royal Pike (Route 522) and Airport Road
Extended intersection as warranted by VDOT. The intersection with Warrior Drive shall
be in the form of a roundabout unless VDOT determines that another intersection design
is warranted during the review and approval of the Public Improvement Plan for this
transportation improvement. If for any reason the described improvements within this
section are unable to be completed through the CDA funding source, the Applicant agrees
to fund and complete said improvements concurrent with the first phase of improvements
by the Applicant.
D. Interstate 81 /East Tevis Street Flyover Bridge
The Applicant hereby proffers to construct a four -lane flyover bridge crossing of
Interstate 81 to allow for the East Tevis Street connection between Frederick County and
the City of Winchester. The construction of the four -lane flyover bridge and associated
sidewalks will be in conformance with the Public Improvement Plan that will be
approved by VDOT prior to any development activity on the Property. If for any reason
the described improvements within this section are unable to be completed through the
CDA funding source, the Applicant agrees to fund and complete said improvements
concurrent with the first phase of improvements by the Applicant.
E. East Tevis Street Within Property
The Applicant hereby proffers to construct the ultimate section of East Tevis Street
within the Property in conformance with the Public Improvement Plan that will be
approved by VDOT prior to any development activity on the Property. The Applicant
shall dedicate a minimum 120 -foot wide right -of -way extending from the western
boundary of the Property to the northern boundary of the Property in an alignment
consistent with the GDP and the VDOT approved Public Improvement Plan. If for any
He 93701 /F,A W 3
Greenway Engineering October 22, 2004 Russell 150 Rezoning
Revised October 27, 2004; Revised February 17, 2005
Revised March 16, 2005; Revised September 16, 2005
Revised September 28, 2005
reason the described improvements within this section are unable to be completed
through the CDA funding source, the Applicant agrees to fund and complete said
improvements concurrent with the first phase of improvements by the Applicant.
F. Contribution to Frederick County General Transportation Fund
The Applicant hereby proffers to provide a monetary contribution unconditionally to the
Frederick County General Transportation Fund in the amount of $1,000,000.00. This
monetary contribution shall be paid to Frederick County at the time of building permit
issuance for the residential portion of the Property. The Applicant shall provide a per
unit monetary contribution of $3,500.00 to fund the $1,000,000.00 commitment, or such
additional amounts based upon the total number of approved residential units which will
equal $1,000,000.00.
G. Tax Map Parcel 64- ((A)) -18 Inter- Parcel Connection
The Applicant hereby proffers to provide for an inter - parcel public street connection
between the residential portion of the Property and Tax Map Parcel 64- ((A)) -18. If an
inter - parcel connection cannot be constructed to connect with another public street on
Tax Map Parcel 64- ((A)) -18 at the time of development of the final residential phase
within the Property, the Applicant will dedicate a 50 -foot right -of -way between the
public street serving the residential portion of the Property and Tax Map Parcel 64- ((A))-
18, and will construct the public street serving the residential portion of the Property to
connect to Front Royal Pike (Route 522).
H. Bicycle Lanes
The Applicant hereby proffers to construct bicycle lanes along Warrior Drive, Airport
Road Extended, and East Tevis Street within the Property as depicted on the GDP. These
bicycle lanes will be designed as 10 -foot wide asphalt lanes separate from the vehicular
travel lanes and included as part of the VDOT approved Public Improvement Plan for
each of the roads described above. If for any reason the described improvements within
this section are unable to be completed through the CDA funding source, the Applicant
agrees to fund and complete said improvements concurrent with the first phase of
improvements by the Applicant.
File 9370 VEAW 4
Greenway Engineering October 22, 2004 Russell 150 Rezoning
Revised October 27, 2004; Revised February 17, 2005
Revised March 16, 2005, Revised September 16, 2005
Revised September 28, 2005
III. Residential
A. Residential Use Restriction
The Applicant hereby proffers to prohibit the following housing types within the
Property:
Single- family detached rural traditional
2. Single - family detached traditional
3. Garden apartments
B. Phasing
The Applicant hereby proffers that residential development shall be phased to limit the
number of residential dwelling unit building permits to forty (40) per calendar year
beginning in the calendar year in which the Master Development Plan is approved.
C. Architectural Treatment
The applicant hereby proffers that primary structures within the Residential Performance
(RP) District land bay shall be constructed with masonry wall treatments (i.e. brick,
architectural block, natural or cultured stone, or equivalent) over a minimum of eighty
percent (80 %) of the exterior wall surface, exclusive of glazing and roofing.
D. Monetary Contribution to Establish Homeowners' Association Fund
The Applicant hereby proffers to establish a start -up fund for the residential development
within the Property that will include an initial lump sum payment of $2,500.00 by the
Applicant and an additional payment of $100.00 for each platted lot, of which the
assessment for each platted lot is to be collected at the time of initial transfer of title and
to be directed to the Homeowners' Association ( "HOA ") fund. Language will be
incorporated into the Declaration of Restrictive Covenant Document and Deed of
Dedication that ensures the availability of these funds prior to the transfer of ownership
and maintenance responsibility from the Applicant to the HOA. The start-up funds for
the HOA shall be made available for the purpose of maintenance of all improvements
within the common open space areas, liability insurance, street light assessments, and
property management and /or legal fees.
File t13701 /LAW 5
Greenvvay Engineering October 22, 2004 Russell 150 Rezoning
Revised October 27, 2004, Revised February 17, 2005
Revised March 16, 2005, Revised September 16, 2005
Revised September 28, 2005
IV. Monetary Contributions to Offset Impact of Development
The undersigned owners of the above - described property hereby voluntarily proffer that
in the event rezoning application # 01 -05 is approved, the undersigned will pay to the
Treasurer of Frederick County, Virginia contributions as follows. It is noted that the
Fiscal Impact Model Output Module prepared by the Frederick County Planning
Department on October 26, 2004 indicates the combined residential and commercial uses
proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick
County. This monetary contribution exceeds that indicated by the results of the Fiscal
Impact Model Output Module.
A. Public School Svstem
The Applicant hereby proffers to contribute $3,000.00 per residential unit to be
directed to Frederick County Public Schools. This monetary contribution shall be
paid at the time of building permit issuance of each residential dwelling unit on the
Property.
B. Fire and Rescue Services
The Applicant hereby proffers to contribute $10,000.00 for fire and rescue services to
be directed to the local fire and rescue company providing first response service to the
Property. This monetary contribution shall be paid at the time of issuance of the first
building permit on the Property.
V. Stormwater Quality Measures
The applicant hereby proffers that all commercial and residential site plans
submitted to Frederick County will be designed to implement Low Impact
Development (LID) and /or Best Management Practices (BMP) to promote
stormwater quality measures. A statement will be provided on each commercial
and residential site plan identifying the party or parties responsible for
maintaining these LID and /or BMP facilities as a condition of site plan approval.
The Applicant hereby proffers to establish a no disturbance easement within the
Buffalo Lick Run stream valley that is depicted on the GDP. The purpose of this
no disturbance easement is to prohibit development activities within the
commercial and residential land bays that are located within the defined area. The
only activity that may occur within this no disturbance easement will include
utility installation and a single road crossing for the continuation of Warrior
Drive.
File tl3701 /EAW 6
Greenway Engineering October 22, 2004 Russell 150 Rezoning
Revised October 27, 2004; Revised February 17, 2005
Revised March 16, 2005; Revised September 16, 2005
Revised September 28, 2005
V1. Sianature
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
B
Denver E. QuilI , Manager Date
Russell 150, L I
Commonwealth of Virginia,
City ount of -Fre'cjPXIG� To Wit:
The foregoing instrument was acknowledged before me this 30I'ln day of Sep4t .Al t�
20 by
E. o
Iw55el 1 I SO. L C
Notary Public
My Commission Expires �C- b 2-9, 2-008
File #370UEAW 7
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FRED L. GLAZE, JR. T.M. 648 -A -73
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GRAPHIC SCALE
(IN FEET)
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MICHAEL S. &
CHERYL SHEPARD
INSTR. 1030000500
EXHIBIT SHOWING
ZONING DISTRICT LINE BETWEEN RP ZONE AND B2 ZONE
ON THE LAND OF
RUSSELL 150, LC
SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" =300' DATE: SEPTEMBER 16, 2005
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Wnchester, Vuginia 22602
Surveyors Telephone: (540) 662 -4185
FAX (540) 722 -9528
Founded in 1971 www.greenwayengxom 3701 SHEET 1 OF 2
LINE DATA
0
S 01'4621'W
154.61'
L2
S 89'4020 W
26.96
L3
S 29'13'19' W
64.04'
L4
S 01 W
112.92
L5
S 555357 W
51.18'
L6
S 14'06'24' W
59.50'
L7
N69'S1'16 'W
J75.10 -
LB
N 71'0558 W
333.41
L9
N 5654'19 £
145.10'
L 10
N 03'14 46 W
197.69
L 11
S 515135 £
600.62
L12
S 4149 22' E
272.65'
03
5 3128'35 W
497.94
L14
N 58'15'41 W
107.60
L15
S 31'06'34' W
199.82'
— U6 —
S OTOI 18 W
33270
L 17
S 87'5344 £
470.95
CURVE DATA
CURVE
RADIUS
ARC
CHORD
BEARING
DATA
Cl
5674.58'
1 174.64'
174.61'
S 02 W
01'4548'
C2
6161.16'
1 277.02'
1 276.99'
S 05 W
OTJ4 34
1
C3
I 3169.8
417.88
417.58
S 03'2956 W
0733'11
NOTES
I. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD
SURVEY BY THIS FIRM, COMPLETED ON MAY 18, 2005.
2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN.
LEGEND:
IRF =
112' IRON R£BAR FOUND
IPF =
IRON PIPE FOUND
VDH MON =
CONCRETE VDH MONUMENT FOUND
PT =
POINT (UNMONUMENTED)
EXHIBIT SHOWING
ZONING DISTRICT LINE BETWEEN RP ZONE AND B2 ZONE
ON THE LAND OF
RUSSELL 150, LC
SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: N/A I DATE: SEPTEMBER 15, 2005
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Yiginia 22602
Surveyors Telephone: (540) 662 -4185
FAX: (540) 722 -9528
Founded in 1971 www.greenwayeng.com 3701 SHEET 2 OF 2