65A49B_SensenyVillageRevisionAMENDMENT
Action:
PLANNING COMMISSION: October I8, 2006 - Recommended Approval
BOARD OF SUPERVISORS: November 8, 2006 ID APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 413 -06 OF SENSENY VILLAGE
WHEREAS, Rezoning #13 -06 of Senseny Village, was submitted by Greenway Engineering to revise
the Generalized Development Plan as it relates to the proposed internal road network and land use areas
and proffer pertaining to the construction of Rossum Lane (Route 736), attached to Rezoning 904 -05. The
property 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) 64 -A -49B
and 65 -A -55.
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 18, 2006;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 8. 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 the
Generalized Development Plan and revised proffers relating to the construction of Rossum Lane (Route
736), attached to Rezoning 404 -05, as described by the Proffer Statement submitted by the applicant and
the property owner, is approved.
PDRes #35 -06
This ordinance shall be in effect on the date of adoption.
Passed this 8th day of November 2006 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gary Dove A y e Bill M. Ewing Nay
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Philip A. Lemieux
Aye
A COPY ATTEST
Johty. Riley, Jr.
Frederick County Administrator
PDRes N3s"06
Greemvay Engineerin 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; Auw st 25, 2005
Revised October 3, 2006
SENSENY VILLAGE PROFFER STATEMENT
REZONING: RZ# 13 -06
Residential Performance (RP) with Conditions to
Residential Performance (RP) with Modified Conditions
PROPERTIES
RECORD OWNERS:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
73.79 -acres +/-
Tax Parcels 65- ((A)) -49B and 65- ((A)) -55
Quinnelly Group, LLC
Quinnelly Group, LLC
Senseny Village
August 25, 2005
October 3, 2006
Pursuant to Section 152 -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 9 13 -06 for the rezoning of 73.79± acres from Residential Performance
(RP) District with Conditions to 73.79± acres with Modified Conditions, 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 Applicant and their successors and assigns.
The subject property, identified as Senseny Village, and more particularly described as
the lands owned by Quinnelly Group, LLC being all of Tax Map Parcel 65 -((A)) -49B and
further described as Instrument 9050021270, and being all of Tax Map Parcel 65- ((A))-
55 and further described by Instrument 9050021271.
File #3924/EA W
Grcemvay Engineering November 22, 2004; December 29, 2004 Senseny Village Rezoning
January 17, 2005; February 24, 2005;March 17, 2005; April 14, 2005
JUnC 14, 2005; August 10, 2005; August 25, 2005
Revised October 3, 2006
A.) Residential Land Use
The Applicant hereby proffers to limit the total number of residential
units to 285 dwelling units on the combined subject properties of Tax
Map Parcels 65- ((A)) -49B and 65- ((A)) -55.
2. The Applicant hereby proffers to prohibit the development of garden
apartments, as defined in Section 165 -65L of the Zoning Ordinance on
Tax Map Parcels 65 -((A)) -49B and 65- ((A)) -55.
3. The Applicant hereby proffers 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
T
2 70
3 70
4 75
TOTAL 285
B.) Generalized Development Plan and Master Development Plan
The Applicant hereby proffers 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 Tax Map Parcels 65 -((A)) -49B 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
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. The final engineering documents will ensure that the
File 43924/EA W 2
Greemeay Engineering November 22,2004; December 29, 2004 Senseny Village Rezoning
January 17, 2005; February 24, 2005;March 17, 2005; April 14, 2005
.Tune 14, 2005; August 10, 2005; August 25, 2005
Revised October 3, 2006
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 Avenue 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
Rossum Lane, Mason Street and Broad Avenue for the purpose of
preserving existing woodlands on Tax Map Parcel 65- ((A)) -55.
Furthermore, a 50 -foot no disturbance easement shall be provided on
Tax Map Parcel 65 -((A)) -49B adjacent to Glenmont Village — Section
6, which shall remain undisturbed between the state street salving the
townhouse lots and the existing residential lots within Glenmont
Village — Section 6, except for existing dedicated street and utilit,N
connections.
4. A no disturbance easement 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)) -49B 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
Plan concept does not eliminate the requirement for a Master
Development Plan for the entire 73.79 -acres +/- subject site.
File F3924IEAW
Greenway Engineerin November 22, 2004: December 29, 2004 Senseny Village Rezoning
January 17, 2005; February 24, 2005;Mzreh 17, 2005; April 14, 2005
June 14. 2005; August 1D, 2005; August 25, 2005
Revised October 3, 2006
C.) Transportation
1. The Applicant hereby proffers 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. The Applicant
authorizes 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 Applicant hereby proffers to design and construct right turn lanes
(and tapers) of eleven -foot width, and to include curb /gutter, on
Senseny Road at the Rossun 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 Applicant hereby proffers to design and construct improvements
to Rossum Lane (Route 736), to meet VDOT minimum geometric and
pavement design standards sufficient to allow for two -way travel,
curb /gutter, street lights, storm sewer, and a sidewalk located on the
west side of Rossum Lane 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 Applicant hereby proffers to design the internal street system to
provide two means of access to Senseny 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 street system connections to Rossum Lane, Glenridge Drive,
and Tax Map Parcel 65- ((A)) -72 if desired by VDOT.
5. The Applicant hereby proffers to provide for a right -of -way dedication
for the future Route 37 Eastern Bypass in conformity with the
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
File N1924 /EAW
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
Revised October 3, 2006
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 Applicant hereby proffers 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 Frederick County 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.) Community Trash Collection
The Applicant hereby proffers 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 deed covenant and shall be assigned to the Senseny Village
Homeowners Association ( "HOA ") 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 Applicant hereby proffers to establish a start-up fund for the Senseny Village
Homeowner's Association ( SVHOA) 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 SVHOA fund. Language will be incorporated into the SVI-IOA
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 fiords
for the SVHOA 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 93924/EAW
Grecnwny 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
Revised October 3, 2006
G.) Signature
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 bmitted
By: `Oz
Quinnellv Group, L C Date
Deliver Quinnelly, N4 ger /Member
Commonwealth of Virginia,
City /C y of (-A)( n h-u344 f To Wit:
The foregoing instrument was acknowledged before me this 3 day of UC+C> , Q.r
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U p
JA Notary Pu ��
My Commission Expires / - 30 40w
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File ''3924 /EA W 6
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RED BUD 1lAGIcrF!°let. DISfIIICT
FREDERICK COUNTY. VA n��c °i` 00-00