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Home My WebLink About65A27A_AbramsChaseAMENDMENT Action: PLANNING COMMISSION: December 20, 2006 - Recommended Approval BOARD OF SUPERVISORS: January 10, 2007 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #11 -06 OF ABRAM'S CHASE WHEREAS, Rezoning 911 -06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 13 single family homes on small lots, was considered. The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision in the Red Bud Magisterial District, and is identified by Property Identification Numbers 65 -A -27A and 65- A -28A. WHEREAS, the Planning Commission held a public hearing on this rezoning on September 20, 2006, and recommended approval at a public meeting on December 20, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 10, 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 revise the Zoning District Map to change 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 13 single family homes on small lots, 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 901 -07 This ordinance shall be in effect on the date of adoption. Passed this 10th day of January, 2007 by the following recorded vote: Richard C. Shickle, Chairman Nay Barbara E. Van Osten Ave Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST John R. ' e , Jr. Frederick County Administrator PDRes 901 -07 I W Greenway Engineering Abram's Chase Remning ABRAM'S CHASE PROFFER STATEMENT REZONING: RZ# 11 -06 RA, Rural Areas District to RP, Residential Performance District PROPERTIES RECORD OWNERS: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters Much 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Revised January 11, 2007 3.25± -acres Tax Parcels 65- ((A)) -27A & 65- ((A)) -28A Harvest Communities, Inc. Harvest Communities, Inc. Abram's Chase Subdivision March 1, 2006 January 11, 2007 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, Harvest Communities, Inc., (the "Applicant ") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11 -06 for the rezoning of 3.25± - acres (the "Property ") from the RA, Rural Area District to RP, Residential Performance 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 effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject Property, identified as the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65 -((A)) -27A and 65 -((A)) -28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L. S., of Dove & Associates, recorded as Deed Book 910, Page 381. File #4545WEAW F Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Revised January 11, 2007 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ( "GDP ") dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10 -foot bicycle /pedestrian facility, the internal road system with inter - parcel connectivity, the general location of residential lots and the open space/buffer areas. B: Residential Land Use The Applicant hereby proffers to develop a maximum of 13 single - family small lot detached residential dwelling units. C. Transportation Enhancements 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter - parcel connectivity to Tax Map Parcel 65- ((A)) -25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12 -feet in width and is located along the Property frontage within the public right -of -way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right -of -way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right -of -way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right -of -way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #4545H/EAW 7 � =t Greenway Engineering March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Revised January 11, 2007 Mown's Chase Rezoning 5. The Applicant hereby proffers to construct a 10 -foot asphalt bicycle /pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress /egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress /egress easement for the benefit of Tax Map Parcel 65 -((A)) -26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. Additionally, an easement shall be provided at this general location for the benefit of Tax Map Parcel 65- ((A)) -26A to allow for public water and sewer connections to the Abram's Chase public water and sewer lines at the expense of others. 7. The Applicant hereby proffers to provide a monetary contribution of $1,000.00 for each residential lot to be used towards future improvements to the Senseny Road corridor. This monetary contribution will be paid to Frederick County at the time of building permit issuance for each residential lot. D. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick. County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue $ 720.00 General Government $ 320.00 Public Safety $ 658.00 Library $ 267.00 Parks and Recreation $ 2,136.00 School Construction $19,189.00 File #4545H /EAW 3 r. Greenway Engineering E. Signature March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Revised January 11, 2007 Abam's Chase Rewning The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: By: �- i / 7. Stuart Butler, President D e Harvest Communities, Inc. Commonwealth of Virginia, Cit /County f Erecjt?rl� To Wit: The foregoing instrument was acknowledged before me this Z+(I day of JQ" met 20 =1 by S +crr I -H -eq Y I�J6 rt a z 4 7JU tie-' Notary Public My Commission Expires Fe b Wiz( ZcI, zwB file H4545H/EAW F .2 EGEND m LOT AREA OPEN SPACE / BUFFER PUBLIC R.O.W. AREA 10' BICYCLE i PEDESTRIAN FACILITY 50' ROAD EFFICIENCY BUFFER INGRESS I EGRESS EASEMENT AREA I a �""f�r .� . _ � CI -tcl