HomeMy WebLinkAbout55A161_CarriageParkA -
AMENDMENT
Action:
PLANNING COMMISSION: May 16, 2007 - Recommended Denial
August 15, 2007 - Recommended Approval
BOARD OF SUPERVISORS: August 22, 2007 Q APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING # 12 -06 OF CARRIAGE PARK
WHEREAS, Rezoning #12 -06 of Carriage Park, submitted by Patton Harris Rust & Associates, to
rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18
acres from MHl (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for
up to 240 single family attached townhouses was heard. The properties are located south and adjacent to
Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are
identified by Property Identification Numbers 55 -A -161, 55- A -1 65A, 55 -A -166, 55 -A -167, 55- A -167A,
55 -A -168, 55- A -174A, 55-A-1 74B, and 55- A -174D.
WHEREAS, the Planning Commission held a public hearing on this rezoning on May 16, 2007, and
again on August 15, 2007; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 22, 2007; 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 rezone 30.26 acres from RA (Rural
Areas) District to RP (Residential Performance) District, and 15.18 acres from MHl (Mobile Home
Community) District to RP District, totaling 45.44 acres, for up to 240 single family attached
townhouses, as described by the application and plat submitted, subject to the attached conditions
voluntarily proffered in writing by the applicant and the property owners.
PDRes 434 -07
This ordinance shall be in effect on the date of adoption.
Passed this 22nd day of August, 2007 by the following recorded vote:
Richard C. Shickle, Chairman Nay Barbara E. Van Osten
Gary Dove Aye
Gene E. Fisher Aye
Philip A. Lemieux Aye
Bill M. Ewing
Charles S. DeHaven, Jr.
Aye
Aye
Aye
A COPY ATTEST
, .
Jolii /Riley, J`r. 6 ' I'
Fred�ck County Administrator
PDRes. #34 -07
Can qe Park Pm& Sta tement
PROPOSED PROFFER STATEMENT
REZONING: RZ. # 1 -04: RA (Rural Areas) and MHl (Mobile Home
Community) to RP (Residential Performance)
PROPERTY: 45.44 Acres + / -;
Tax Map Parcels 55 -A -161, 55- A -165A, 55-A-166,55-A-167,
55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, 55- A -174D (the
"Property ")
RECORD OWNER:
APPLICANT:
Carnage Place, LLC
Carriage Place, LLC
PROJECT NAME: Carriage Park
ORIGINAL DATE
OF PROFFERS: January 25, 2006
REVISION DATE(S): 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06;
1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 ; 5/14/07;
6/29/07;7/17/07;7 /25/07;7/30/07
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 the Property 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 "County ") decision granting the rezoning may be contested in the
appropriate court. If the County'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 County which has not
been appealed, or, if appealed, the day following 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 improvements proffered herein shall be provided at the
time of development of that portion of the Property adjacent to or including the
improvement or other proffered requirement, unless otherwise specified herein. 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, Carriage Park" dated January
5, 2006, as revised on June 29, 2007 (the "GDP ").
Page 1 of 7
CamaPe nark Pro,ffer Statement
1. LAND USE:
1.1 Residential development on the Property shall be limited to single family
attached dwelling units and shall not exceed a maximum of 240 dwelling
units.
2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN
APPROVALS:
11 The Property shall be developed as one single and unified development in
accordance with applicable ordinances, regulations, and design standards, and
this Carriage Park Proffer Statement.
2.2 The Property shall be developed in substantial conformance with the GDP
provided that minor modifications may occur during the engineering phase
of the project.
2.3 Construction of the residential dwelling units shall be phased over a
minimum four year period commencing with the Date of Final Rezoning
( "DFR "). The Applicant shall not make application for more than 75
building permits in any 12 month period.
3. FIRE & RESCUE:
3.1 The Applicant shall contribute to the County of Frederick the sum of
$583.00 per dwelling unit for fire and rescue purposes, payable upon the
issuance of a building pertnit for each single family attached unit.
4. SCHOOLS:
4.1 The Applicant shall contribute to the County of Frederick the sum of
$12,192.00 per dwelling unit for school purposes, payable upon the issuance
of a building permit for each single family attached unit.
5. PARKS & RECREATION:
5.1 The Applicant shall contribute to the County of Frederick the sure of
$1,712.00 per dwelling unit for parks and recreation purposes, payable upon
the issuance of a building permit for each single family attached unit.
6. LIBRARIES:
6.1 The Applicant shall contribute to the County of Frederick the sum of
$285.00 per dwelling unit for library purposes, payable upon the issuance of a
building permit for each single family attached unit.
Page 2 of 7
Carriage Park Proffer Sta
7. PUBLIC SAFETY:
7.1 The Applicant shall contribute to the County of Frederick the sum of
$513.00 per dwelling unit for public safety purposes, payable upon issuance
of a building permit for each single family attached unit.
8. GENERAL GOVERNMENT:
8.2 The Applicant shall contribute to the County of Frederick the sum of
$245.00 per dwelling unit for general government purposes, payable upon
issuance of a building permit for each single family attached unit.
9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS'
ASSOCIATION:
9.1 The residential development shall be made subject to a homeowners'
association (hereinafter "HOA ") that shall be responsible for the ownership,
maintenance and repair of all common areas, including any conservation
areas that may be established in accordance herewith not dedicated to the
County or others, for each area subject to their jurisdiction, and shall be
provided such other responsibilities, duties, and powers as are customary for
such associations or as may be required for such HOA herein.
9.2 In addition to such other duties and responsibilities as may be assigned, an
HOA shall have title to and responsibility for (i) all common open space
areas not otherwise dedicated to public use, (ii) common buffer areas located
outside of residential lots; (iii) common solid waste disposal programs,
including the use of a private refuse collection service to collect the solid
waste generated by the residents, (iv) responsibility for the perpetual
maintenance of any street, perimeter, or road buffer areas, all of which buffer
areas shall be located within easements to be granted to the HOA if platted
within residential or other lots, or otherwise granted to the HOA by
appropriate instrument and (v) responsibility for payment for maintenance of
streetlights.
9.3 The Applicants hereby proffer to establish a start -up fund for the Carriage
Park Homeowner's Association ( CPHOA) that will include an initial lump
sum payment of $2,500.00 by the Applicant and an additional payment of
$100.00 by the homeowners at closing for each platted lot purchased within
the Carriage Park community. Language will be incorporated into the
CPHOA Declaration of Restrictive Covenant Document and Deed of
Dedication that ensures the availability of these funds to the CPHOA prior
to the transfer of ownership and maintenance responsibility from the
applicants to the CPHOA. The start -up funds for the CPHOA 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.
Page 3 of 7
Carnage Park Proffer State
10. WATER & SEWER:
10.1 The Applicant shall be responsible for connecting the Property 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 and the Frederick - Winchester Service Authority.
11. ENVIRONMENT:
11.1 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.
12. TRANSPORTATION:
12.1 Transportation improvements shall be designed and constructed by
Applicant consistent with the study entitled "A Traffic Impact Analysis of
the Carriage Park Property," prepared by Patton Harris Rust & Associates,
dated September 8, 2006 including addendum dated July 25, 2007 (the
"TIA ").
12.2 Access to the property shall be provided via a single entrance on Valley Mill
Road in the location depicted on the GDP. Said entrance shall include
improvements to the existing section of Valley Mill Road from the Route 7
intersection to the project entrance on Valley Mill Road as directed by
VDOT. (Seel on GDP)
12.3 The Applicant shall construct a traffic signal at the intersection of Valley Mill
Road and Route 7 prior to issuance of the 50` building permit or within 180
days of receiving written notice from VDOT after issuance of the 1" building
permit. The Applicant shall design and construct extended turn lanes on
eastbound and /or westbound Route 7 at the signalized entrance, if directed
by VDOT. (See 2 on GDP)
12.4 The Applicant sball construct a public street connection from the proposed
relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Home
Park in the general location depicted on the GDP. Said connection shall be
constructed prior to issuance of the 100 building permit. (See 3 on GDP)
12.5 The Applicant shall reserve the portion of the Property as depicted on the
GDP for any future transportation improvements deemed needed by
VDOT. Said reserved area shall be shown on the recorded deed of
dedication to indicate that this area shall be available at no cost to Frederick
County and /or VDOT should future transportation improvements be
needed on this portion of the Property. The Applicant agrees to dedicate
and convey to VDOT or the County such area in the reserved area as may be
requested by VDOT or the County, within 30 days of the written request
Page 4 of 7
Carriage Park Proffer Statement
from VDOT or the County. The identified reserved area shall be permitted
to count towards the required open space for the Property.
12.6 The Applicant shall reserve the portion of the Property as depicted on the
GDP for a future interpacel connection. Said reserved area shall be shown
on the recorded deed of dedication to indicate that this area shall be available
at no cost to Frederick County and /or VDOT. The Applicant agrees to
dedicate and convey to VDOT or the County such area in the reserved area
as may be requested by VDOT or the County, within 30 days of the written
request from VDOT or the County. The identified reserved area shall be
permitted to count towards the required open space for the Property. (See 4
on GDP)
12.7 The Applicant shall construct a two lane public roadway to VDOT standards
on a 60 foot right of way in the location depicted on the GDP. Direct lot
access to said roadway shall be prohibited.
12.8 The Applicant shall contribute to the County of Frederick the sum of
$3,000.00 per dwelling unit for transportation improvements in the general
vicinity of the development, payable upon the issuance of a building permit
for each unit.
13. HISTORIC RESOURCE PROTECTION
13.1 A minim 100 foot buffer of natural vegetation shall be preserved south of
VA Route 7 to the east of Abrams Creek. The Applicant shall preserve a
natural vegetation buffer extending from VA Route 7 to 35 feet south of Ash
Hollow Run west of Abrams Creek as shown on the GDP. Encroachment
of construction activities in this area shall not be allowed except to construct
necessary utilities and the proposed collector road. Additionally, clearing
within said preserve areas shall be permitted if directed by VDOT to provide
adequate site distance. (See 5 on GDP)
13.2 The Applicant shall contribute $25,000.00 to the County for purposes
associated with security fencing at historic Star Fort prior to issuance of the
25 building permit.
14. BUFFER
14.1 The Applicant shall install a double row of evergreen trees spaced no more
than 10 feet apart that are a minim 4 feet in height at time of planting
within a 15 foot landscape easement in the location depicted on the GDP to
minimiz viewshed impacts to the adjacent property to the South. In areas
where disturbance is avoided, the buffer shall be provided as a 15 foot "no
cut" easement, thus prohibiting any disturbance, with no additional plantings
required.
Page 5 of 7
Cama,�e Park Proffer Statement
15. BINDING EFFECT
15.1 These proffers run with the land and shall be binding upon all heirs,
executors, administrators, assigns and successors in interest of the Applicant.
16. ESCALATOR CLAUSE
16.1 In the event the monetary contributions set forth in the Proffer Statement
are paid to the County within 36 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 County after 36 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 the contributions are paid, they shall be adjusted by the
percentage change in the CPI -U from that date 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.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 6 of 7
Carriage Park ProffnStatem
V STATE OF A T GE
FREDERICK COUNTY,To -wit
The foregoing instnunent was acknowledged before me this ,3D day
of �l 2007, by IlO�Y.P( E. �rU. f)ny11U
CD
P
My commission expire s
Notary Public > C
�� �, •.• REG.,
Page 7 of 7
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o \ y GENERLIZED DEVELOPMENT PLAN 117 E. Picadily St. Winchester, Virginia 22601
o V a VOICE: (540) 667 -2139 FAX: (540) 665 -0493
FREDER ICK COUNTY, VIRGINIA