65A49B_SensenyVillageAMENDMENT
Action:
PLANNING COMMISSION: August 3, 2005 - Recommended Approval
BOARD OF SUPERVISORS: August 24, 2005 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 904 -05 OF SENSENY VILLAGE
WHEREAS, Rezoning #04 -05 of Senseny Village, was submitted by Greenway Engineering, to rezone
49.70 acres from RA (Rural Areas) District to RP (Residential Performance) District and 24.09 acres from
RP (Residential Performance) District to RP (Residential Performance) District with Proffers. This 73.79
acre site is located on the south side of Rossum Lane (Route 736) and Twinbrook Circle (Route 867), in the
Red Bud Magisterial District, and is identified by Property Identification Numbers (PINS) 65 -A -49B and
65 -A -55.
WHEREAS, the Planning Commission held a public hearing on this rezoning on August'), 2005; and
WH EREAS, the Board of Supervisors held a public hearing on this rezoning on August 24, 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 49.70 acres from RA (Rural Areas) District to RP (Residential Performance) District and 24.09
acres from RP (Residential Performance) District to RP (Residential Performance) District with
Proffers, 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 #37 -05
This ordinance shall be in effect on the date of adoption.
Passed this 24th day of August, 2005 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gina A. Forrester Nay Gary Dove Aye
Lynda J. Tyler Aye Bill M. Ewing Aye
Gene Fisher Aye
A COPY ATTEST
XV&
John iley, Jr.
Frederick County . ministrator
PDRes #37 -05
Grccmvay 1?ngincerml; November 22, 2004{ December 29, 2004 Senscny Village Rezoning
January 17, 2005; February 24. 2005
March 17. 2005; April 14, 2005
June 14. 20051 August 10. 2005
August 25, 2005
SCNSENY VILLAGE PROFFER STATEMENT
REZONING: R71104 -05
Rural Areas (RA) and Residential Performance (RI')
to Residential Performance (RP) with Conditions
PROPERTIES: 73.79 -acres +/-
Tax Parcels 65 -((A)) -4913 and 65- ((A)) -55
RECORD OWNERS: Hazel C. Lambert
Taylor Grace, LLC
APPLICANT: Taylor Grace, LLC
PROJECT NAME: Senscny Village
ORIGINAL DATE
OF PROFFERS: November 22, 2004
REVISION DATE: August 10, 2005
Preliminary Matters
Pursuant to Section 15.2 -2296 et. seq. of the Code of Virginia, (1950, as amended), (the
"Code ") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance")
with respect to conditional zoning, the undersigned applicants hereby proffer that in the
event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning
Application H 04 -05 for the rezoning of 49.70 - acres± from the Rural Areas (RA)
District to Residential performance (RP) District, and for the rezoning of 24.09 - acres±
currently zoned Residential Performance (RP) District to proffered 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 binding effect whatsoever. Upon
approval of such rezoning, these proffers shall be binding upon the applicants and their
successors and assigns.
'file subject property, identified as Senseny Village, and more particularly described as
the lands owned by Hazel C. Lambed, (the "Owner of the first parcel ") being all of Tax
rile n3921I/rAw
Greemvny r-ngincering November 22, 2004! December 29, 2004 Senseny Village Rezoning
lanuaq 17, 2005, February 24, 2005
March 17, 2005; April 14, 2005
June 14, 2005; August 10, 2005
August 25, 2005
Map Parcel 65- ((A)) -55 and further described by Will Book 115 at page 1563, and the
lands owned by Taylor Grace, LLC, (the "Owner of the second parcel') being all of Tax
Map Parcel 65 -((A)) -4913 and further described by Instrument 9050002909.
A.) Residential Land Use
1. The Applicants hereby proffer to limit the total number of residential
units to 285 dwelling units on the combined subject properties of Tax
Map Parcels 65 -((A)) -4913 and 65- ((A)) -55.
2. The Applicants hereby proffer to prohibit the development of garden
apartments, as defined in Section 165 -65L of the Zoning Ordinance on
Tax Map Parcels 65 -((A)) -498 and 65- ((A)) -55.
3. The Applicants hereby proffer to develop the residential dwelling units
in accordance with the following annualized phasing plan. This
annualized phasing plan shall begin in the calendar year in which the
Senseny Village Master Development Plan is approved by Frederick
County. All dwelling units not developed within the specified year
shall be carried forward to the ensuing calendar years:
YEAR TOTAL BUILDING PERMITS
1 70
2 70
3 70
4 75
TOTAL 285
l3.) Generalized Development flan and Master Development Plan
The Applicants hereby proffer to submit a Generalized Development
Plan (GDP) for the purpose of identifying the general configuration of
street systems, residential land use areas and open space areas within
the Senseny Village Community. The final engineering documents for
Senseny Village will be in substantial conformance with the proffered
GDP; however it is recognized that modifications to the final internal
road alignment on "fax Map Parcels 65 -((A)) -498 and 65- ((A)) -55
may occur due to site development constraints such as wetlands or
steep slopes without the need to modify the proffered GDP. However,
in no event will a modified internal road alignment encroach within
2
Pile 113924/6A W
Grcemvay Iatgincering Nmcniber 22, 2004: December 29, 2004 Senscny Villagc Rezoning
Innuary 17, 2005{ February 24, 2005
March 17. 2005; April 14, 2005
June 14. 2005; August 10, 2005
August 25, 2005
the 50 -foot no disturbance easement adjacent to Glenmont Village
Section 6 on Tax Map Parcel 65- ((A)) -49B as described in Section 133
of this proffer statement except for existing dedicated street and utility
connections. 'fi final engineering documents will ensure that the
Senseny Village Community provides for a street extension
/connection to Rossum Lane (Route 736) and Glenridge Drive (Route
865), an internal street system that connects to both of the extended
streets, and an inter - parcel connection to Tax Map Parcel 65- ((A)) -72.
2. The Generalized Development Plan (GDP) has been designed to
provide for single - family detached residential lots to adjoin the
Glenmont Village Subdivision and the existing residential lots along
Rossum Lane, Mason Street and Broad Avenuc on Tax Map Parcel 65-
((A))-55. Furthermore, the GDP has been designed to provide for
open space adjacent to Glenmont Village — Section 6 on Tax Map
Parcel 65 -((A)) -49B.
3. A no disturbance easement that is 10 -feet in width shall be provided
along the rear property line of' all single - family detached residential
lots that abut Glenmont Village and the existing residential lots along
ROSSntln Lane, Mason Street and Broad Avenue for the purpose of
preserving existing woodlands on "fax Map Parcel 65- ((A)) -55.
Furthermore, a 50 -foot no disturbance casement shall be provided on
Tax Map Parcel 65 -((A)) -49B adjacent to Glenmont Village — Section
6, which shall remain undisturbed between the state street serving the
townhouse lots and the existing residential lots within Glenmont
Village — Section 6, except for existing dedicated street and utility
connections.
4. A no disturbance casement shall be established within the open space
areas that are associated with the natural drainageways to protect the
integrity of the waterways and the upland slope areas. The only
activity that may occur within this no disturbance easement will
include utility installation and a single road crossing to provide access
to the southern portion of Tax Map Parcel 65 -((A)) -49B.
5. A Preliminary Master Development Plan will be submitted for the
portion of the subject property that is located on Tax Map Parcel 65-
((A)) -4913 to demonstrate how this portion of the subject property
would be developed. Board of Supervisor approval of this Preliminary
Master Development Plan concept does not bind the Board of
Supervisors to any action on this rezoning application. Additionally,
Board of Supervisor approval of this Preliminary Master Development
3
Fi1c 1139241FA W
Gcemvap Engineering November 22.2004; December 29, 2004 senseny Village Rezoning
Januaq 17, 2005, I'chruary 24. 2005
March 17. 2005; April 14, 2005
June 14, 2005, August 10, 2005
August 25, 2005
Plan concept does not eliminate the requirement for a Master
Development Plan for the entire 73.79 -acres +/- subject site.
C.) Transportation
The applicants hereby proffer monetary contributions that are to be
utilized for improvements to the Senseny Road (Route 657) corridor
and /or a proposed north -south connector between Senseny Road and
Berryville Pike (U.S. Route 7). The contributions, in the amount of
$5,000 per single - family detached unit and $3,000 per townhouse unit,
total a potential maximum of $1.145 million dollars. 'file applicants
authorize the use of these contributions unconditionally by Frederick
County for transportation improvements to these roadways. This
monetary contribution shall be provided to Frederick County at the
time of building permit issuance for each dwelling unit.
2. The applicants hereby proffer to design and construct right turn lanes
(and tapers) of eleven -foot width, and to include curb /gutter, on
Senseny Road at the Rossum Lane (Route 736) and Twinbrook Circle
(Route 867) intersections, within the existing Senseny Road right -of-
way. The construction of these improvements shall occur prior to the
issuance of the first building permit, but will not restrict site grading
and infrastructure installation on the subject properties.
3. The applicants hereby proffer to design and construct improvements to
Rossum Lane (Route 736), to meet VDOT minimum gconnetic and
pavement design standards sufficient to allow for two -way travel and
on- street parking, and to include curb /gutter, street lights and storm
sewer, within the existing Rossum Lane right -of -way. Furthermore,
traffic calming measures will be considered during the design of the
Rossum Lane improvement project. The construction of these
improvements shall occur prior to the issuance of the first building
permit, but will not restrict site grading and infrastructure installation
on the subject properties.
4. The applicants hereby proffer to design the internal street system to
provide two means of access to Scnseny Road via both Rossum Lane
(Route 736) and Twinbrook Circle (Route 867) for all residential lots.
Traffic calming measures will be considered during the design of the
internal sheet system connections to Rossum Lane, Glenridge Drive,
and "fax lviap Parcel 65- ((A)) -72 if desired by VDOT.
5. The applicants hereby proffer to provide for a right -of -way dedication
for the future Route 37 Eastern Bypass in conformity with the
n
Pile 03924 /EAw
Grecmcay lingineciing Noecmher 22, 2004'. December 29, 2004 Senseny Winge Rezoning
January 17, 2005, Pebnmry 24, 2005
plarch 17, 2005; April 14, 2005
June 14, 2005'. August 10, 2005
Augusl 25, 2005
Alternative C alignment depicted on the Frederick County Route 37
Corridor Study Functional Alignment dated October 1992, as
identified on the proffered GDP. This right -of -way dedication shall be
provided to Frederick County at no cost within 90 days after receiving
written request from Frederick County that the right -of -way is needed.
D.) Monetary Contributions
The applicants hereby proffer monetary contributions in the amount of
$10,000.00 for each detached single - family dwelling unit, and $8,000.00 for
each townhouse dwelling unit, to mitigate impacts to capital facilities as
identified in the Irederick Counly Capital Facilities Fiscal Impact Model —
Output Module prepared by the Frederick County Planning Department on
November 19, 2004. This monetary contribution shall be provided to
Frederick County at the time of building permit issuance for each dwelling
unit.
E.) Connnunity'Crash Collection
The Applicants hereby proffer to provide commercial trash pickup and waste
removal service to all residential land uses within the Senseny Village
community. The commercial trash pickup and waste removal service shall be
established by decd covenant and shall be assigned to the Senseny Village
Homeowners Association ( "I-IOA ") or sub - association at such time as
identified in the legal documents setting forth the guidelines for the Senseny
Village HOA or sub - association. The commercial trash pickup and waste
removal service shall remain in effect and be the responsibility of the Senseny
Village HOA or sub - association until such a time that this service is provided
by Frederick County or other municipal providers.
F. monetary Contribution to Establish homeowners' Association Fund
The Applicants hereby proffer to establish a start -up fund for the Senseny Village
Homeowner's Association (SVI -IOA) that will include an initial lump sum
payment of $2,500.00 by the Applicants and an additional payment of $100.00 for
each platted lot within the Senseny Village community 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 SVI -IOA fund. Language will be incorporated into the SVHOA
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 applicants to the SVHOA. The start -up funds
for the SVI-IOA 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.
5
Pile 97924/17A \V
Greenway Engineering_ November 22, 2004; December 29, 2004 Senseny Village Rezoning
January 17, 2005; February 24, 2005
March 17.2005; April 14, 2005
June 14.2005; August 10, 2005
August 25, 2005
G.) Signatures
The conditions proffered above shall be binding upon the assigns and successors in
the interest of the Applicants who constitute the owners of the Property. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered foregoing conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By:
Taylor- GrRce, LU
Denver Quimielly,
Commonwealth of Virginia,
- o
Date
City /County of F-
,42k,b) �2Ic � To Wit:
The foregoing instrument was acknowledged before me this 2-' of 6c— P7.�/"
2005 by Lt�lN� KiArJ 1��
I1 -- 7 T? otary Public
My Con ?mission Expires 1 - 3 /. O-�f
File 43924giAw 6
Grecil" Gn ginec rill g Noccm1m 22, 2004; December 29, 2004 Senseny Vilingu Reclining
January 17, 2005; Febmiry 24, 2005
Match 17, 2005; April 14, 2005
Junc 14, 2005; August 10, 2005
August 25, 2005
G.) Signatures
The conditions proffered above shall be binding upon the assigns and successors in
the interest of the Applicants who constitute the owners of the Property. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered foregoing conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respedfully Submitted:
>3; �>���J1 —� 17 ry �- 7 v„_
Hazel el C. Lambert Date
Commonwealth of Virginia
City /County of / n 1 l (_ d c 5 f � � To Wit:
The foregoing instrument was acknowledged before me this
20 by
h
5�
day of
f
Notary Publ c �
My Commission Expires ,[( , - Qt
rile H3924/GA W
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SENSENY VILLAGE
GENERALIZED DEVELOPMENT PLAN
RmRUO IUcu^TExlic msrtucr
FRMMCK COUM. VA
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