85D111_SouthernHillsAMENDMENT
Action:
PLANNING COMMISSION: January 17, 2007 - Recommended Approval
BOARD OF SUPERVISORS: February 28, 2007 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #22 -06 OF SOUTHERN HILLS
WHEREAS, Rezoning #22 -06 of Southern Hills, submitted by William H. Gordon Associates, Inc., to
rezone 15.53916 acres from RP (Residential Performance) District to B2 (General Business) District with
proffers, and 90 acres from RP (Residential Performance) District to RP (Residential Performance) District
with revised proffers, for residential and commercial uses, was considered. The properties are located
approximately 2.800 feet south of the intersection of Route 277 and Town Run Lane, in the Opequon
Magisterial District, and are identified by Property Identification Numbers 8513-1 -I -1 through 85D -1 -I-
95B and 85 -A -138.
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 17, 2007;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 28, 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 15.53916 acres from RP (Residential Performance) District to B2 (General Business) District
with proffers, and 90 acres from RP (Residential Performance) District to RP (Residential Performance)
District with revised proffers, for residential and commercial uses, 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. # 10 -07
This ordinance shall be in effect on the date of adoption.
Passed this 28th day of February, 2007 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gary Dove Aye Bill M. Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Philip A. Lemieux Aye
A COPY ATTEST
i4ey, Jr' //
County Administrator
PDRes. #10 -07
PROFFER STATEMENT
Southern HjILs .Suhrl i rrs iou
Rezoning: Rezoning Application No. 22 -06. Rezoning of 105.54 acres from
Residential Performance (RP) to Residential Performance (RP)
(90 acres) and B2 Commercial (15.54 acres).
Proper See Attachment A for Property ldcntification Nos. (Opequon
Magisterial District)
Record Owner: Arcadia Development Co.; Arcadia - Southem Hills, L.L.C.; Southern
Hills Homeowners Association, Ine.
Applicant: Arcadia Development Co.
Project Name: Souther" Hills
Original Date
of Proffers: June 6, 2001
Revision Date: January 31, 2007
PreliminanP Matters
Pursuant to Section 15.2 -2296 et. seq. of the 1950 Code of Virginia, as amended, and the
applicable provisions of the Frederick Co.inty Zoning Ordinance with respect to
conditional rezoning, the undersigned applicant hereby proffers that in the event the
Board of Supervisors of Frederick County, Vireinia shall approve Rezoning Application
No. 22 -06 for the rezoning of 105.54 acres from Residential Performance (RP) to
Residential Performance (RP) [90 acres] and B2 Commercial [15.54 acres] with revised
proffers, development of the subject property shall he 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 Virginia law. In the event
that such rezoning is not granted, then these proffers shall be deemed withdrawn and of
no effect whatsoever and all proffers currently in effect on the subject property as of the
dare this document was executed by the applicant shall continue in full force and effect.
These proffers shall be. binding on the applicant and its legal successors and assigns.
Monetary Contribution to Offset Impact of Development
The undersigned, who owns the above - described property, hereby voluntarily proffers
that if the Board of Supervisors for the County of Frederick, Virginia approves the
rezoning for the approximately 105 acres, with frontage along Town Run Lane in the
Opequon Magisterial District of Frederick County. Virginia from Residential
Performance (RP) to Residential Performance (RP) J90 acres] and B2 Commercial [15.54
acres], the undersigned will pay to Frederick County at the time a building permit is
applied for and issued the sum of $4,910.00 per residential lot.
This monetary proffer provides for 53,591 M for Frederick Cotnty Schools; $598.00 for
Frederick County Parks and Recreation; $446.00 for Frederick County Fire and Rescue;
$105.00 for Public Library; $59.00 for Sheri f I's Officc and $121.00 for Administration
Building.
General Development Plan
Should the Board of Supervisors of Frederick County, Virginia approve Rezoning
Application No. 22 -06, then in such event development of the subject property shall be
done in conformity with the attached voluntarily- proffered revised Generalized
Development Plan including the following improvements:
On the 90 acres to be zoned RP no more than 88 single - family detached urban
residence units and no more than 232 townhouse units shall be constructed. The
balance of the property zoned B2 commercial shall be developed in accordance
with the uses specified in the B2 conuncicial zoning district. The development
of the public street network shall be in general conformance with the revised
Generalized Development Plan dated October. 2006.
2. Stickley Drive (SR 1085) shall be extended as shown 'to connect with Town Run
Lane (SR 1012) during the first phase of development (A to B).
3. Town Run Lane (SR 1012) shall he overlaycd with a bituminous concrete surface
from B to C. Guard rail shall be installed right and left along Town Run Lane
"fill" areas greater than 7' vertical. '1'hc improvements are to be further described
by a VDOT Pemtit to be issued at the time of work. This work shall be done
prior to the issuance of the 50`h building permit.
4. Town Run Lane (SR 1012) shall be overlaycd with a bituminous concrete surface
from C to D during the phase where the entrance at "D" is constructed. These
improvements are to be further described by a VDOT Permit to be issued at the
time of the work.
5. Ali easement shall be established 75' in depth along the South property line E to
F. This easement will be prominently show" on the final plat and will restrict
construction of homes as well as limiting the clear cutting of trees larger than 4"
diameter. [This proffer was fulfilled and recorded on the Southern Hills
Subdivision Phase I Final Subdivision Plat, fiistrument No.060011588.3
6. A statement shall be added to the plat and covenants for all lots created by this
project advising that agricultural uses exist on the South and East, the Ewing
Family cemetery exists within the limits of development, and wastewater
treatment facilities exist or previously existed to the North of this site.
7. The Ewing Family cemetery will be set aside as a separate lot with public access
via an appropriate easement(s) and conveyed, if possible, to the Ewing family
with covenants for future maintenance by the Ewing family.
8. A contribution of 100,000 for constntction funding shall be made at the time
VDOT implements the construction of a stoplight at the intersection of Stickley
Drive and Rte. 277. [This proffer was fulfilled on March 3, 2005)
9. The Pi opert- Owner agrees to dedicate the right -of -way as shown on the revised
Generali-r..cd Development Plan for the future Warrior Drive extension (the
"road ") across that portion of the Owner's property zoned B2 Commercial in the
location depicted on the Generalized Development Plan- The Property Owner
agrees to dedicate the right -of -way for the road within ninety (90) days of a
written request by the County, provided that Rezoning Application No. 22 -06 has
been approved by the Frederick County Board of Supervisors and all applicable
appeal periods have expired and no appeal has been filed. The Owner's
dedication of the right -of -way for the road is further conditioned on the
following: (a) the deed dedicating the right -of -way shall contain language, as a
covenant running with the land, granting the Owner the right, at any time in the
future and at Owner's expense, to place underground utilities across, or parallel
to, the dedicated right -of -way for the road (including, but not limited to, gas,
electric, cable, telephone, storm sewer, sanitary sewer, and waterline); (b) the
deed dedicating the right -of -way shall contain language, as a covenant running
with tlue land, requiring that the road shall have, at the Owner's discretion, a
minimum of two entrances from the north side of Warrior Drive into the Owner's
proposed commercial development, which two entrances shall meet applicable
VDOT and County regulations and entrance spacing standards and be engineered
into the design of the road, with turning lanes as required, for the full
development of the subject property, during the design phase of the road; and
requiring that the Owner and /or its designated representative(s) be entitled to
meaningfully participate in the desiSm of the road as regards the location and
design of the two entrances; and (c) the deed dedicating the right -of -way shall
contain language, as a covenant running with the land, granting the Owner, its
successors and assigns, the right at any lime(s) in the future, to establish and
locate construction and/or grading easements over and across the dedicated right -
of -way in locations determined by the Owner, its successors and assigns, to be
necessary for the development of the B2 Commercial property and/or the
Residential Performance (RP) property provided that, upon construction of the
road as a public street accepted into the state highway system by VDOT, the
language regarding easements contained in this subparagraph 9 (c) shall
thereupon be considered void.
10. Owner agrees that no greater than ten percent (10 %) of the 676,885 maximum
allowable commercial square footage in the A2 zone shall be constructed before
the portion of the Warrior Drive extension road traversing Owner's property is
constructed.
11. Owner agrees to limit residential building permits on the Property to a maximum
ofseventy -five (75) permits per year, on a calendar basis commencing January 1,
2007, provided however that any unissued (but otherwise allowable) yearly
permits will accumulate to Owner's benefit for subsequent years. For example,
i -Owner pulls only 50 building permits in 2007, Owner shall be entitled to 100
permits in 2008, should Owner pull only 50 permits in 2008, Owner shall be
entitled to 125 permits in 2009. Residential building permits issues prior to
January 1. 2007 are not to be considered a part of this proffer.
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in interest of the Applicant and Owner. In the event the Frederick
County Board of Supervisors grants said rezoning and accepts these conditions, the
proffered conditions shall supersede all previous proffered conditions applicable to the
Property and shall apply to the Property rezoned in addition to other requirements set
forth in the Frederick County Code.
Respectfully submitted,
ARCADIA DEVELOPMENT CO.
Property Owner
By: (` //'
Its: V014 ]c,17f
Date: !�J' /�07
ARCADIA- SOUTHERN HILLS. L.L.C.
Prop . Owner
lts:
Date: nub
SOU./hERN HILLS HOMEOWNERS ASSOCIA I ION, INC.
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Date: 4 04
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GENERAL DEVELOPMENT PLAN PROJ. No.: 2499 -0101
SCALE: 1" = 100'
ENGINEERS SURVEYORS • LAND PLANNERS • LANDSCAPE ARCHITECTS SHEET 1 of 2
William H. Gordon Associates, Inc.
301 North Mildred Street, Suite 1 Charles Town, West Virginia FREDERICK COUNTY, VIRGINIA OCTOBER 2006
Phone (304)- 725 -8456