HomeMy WebLinkAbout64A18_MadisonVillageAMENDMENT
Action:
PLANNING COMMISSION: November 6, 2013 - Recommended Approval
BOARD OF SUPERVISORS: December 11, 2013 EX71 APPROVED it DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #03-13 OF MADISON VILLAGE
WHEREAS, Rezoning #03-13 of Madison Village, submitted by Painter -Lewis, P.L.C., to rezone 5126
acres from RA (Rural Areas) District to 46.26 acres of RP (Residential Performance) District and 5 acres of
B2 (General Business) District with proffers dated April 22, 2013 and last revised on September 5,, 2013
was considered. The property is located on the west side of Route 522, approximately 1,000 feet south of
the intersection of Route 522 and Airport Road. The property is further identified with P.I.N. 64-A-18 in
the Shawnee Magisterial District
WHEREAS, the Planning Commission held a public meeting or this rezoning on August 21,2_013
and a public hEaring on November 6, 2013; and
WHEREAS, the Board of Supervisors held apublic hearing oii this rezoning on December 11, 2013;
and
WHEREAS, the Frederick County Beard of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in k:onformance 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 amender' to revise the Zoning District Map to
rezone 51.26 acres from RA (Rural Areas) District to 46.26 a -11 -es of RP (Residential Performance)
District and 5 acres of B2 (General Business) District with -wof Pers. The conditions voluntarily
proffered in writing by the applicant and the property owner are attached.
PDRes #37- 13
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This ordinance shall be in effect on the date of adoption.
Passed this 11 th day of December, 2013 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Robert A. Hess Aye Robert W. Wells Aye
Gene E. Fisher Aye Charles S. Deft-laven, Jr. Aye
Christopher E. Collins Aye
A COPY ATTEST
JohnXe�,N,.
Frederick County Administrator
viRGiNIA: Fk---DERIC'K COUNTY.SC-i'.
This instrument of writing was produced to me on
I2-1-2013
and with cern+icai;� ;� �,;-,1, icdgement tr,�reto annexed
was admitted to rec,ly . I'uIx ;_goosed by See. 58.1-802 of
$_!J_A_ , and 58.1-801 have been paid, if assessable.
0 "--/
46e -t �
,Clerk
PDRes #37-0
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Revised Proaffer StCa semen t
Madison Village
Parcel TM 64-A-18
PIAL TO RP/132 WITH PROFFERS
Rezoning #:
Property:
Area:
Recorded Owner:
03-13
PARCEL ID: 64-A-18
51.26 acres
Madison Farms, LLC
Applicant: Madison !I, LLC
558 Bennys Beach Road
Front Royal, Virginia 22630
Project fume:
Magisterial District:
Original Date
of Proffers:
Revision Date:
Madison Village
TM#64-A-18
Shawnee Magisterial District
April 22, 2013
July 12, 2013
September 5, 2013
December 11, 2013
Prepared by: PAINTER-LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
Tel.: (540) 662-5792
email: office@painterlewis.com
Job Number: 1201007
PROFFER STATEMENT
Madison Farms, LLC-TM#64-A-18
40
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application #03-13 for the rezoning of parcel
TM# 64-A-18 from RA to RP/B2 with proffers, the use and development of the subject
property shall be in strict conformance with the following conditions set forth in this
proffer except to the extent that such conditions may be subsequently amended or
revised by the owner and such are approved by the Board of Supervisors in accordance
with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers
shall be binding on the owner and their legal successors or assigns.
PROFFERS
1.) Generalized Development Plan
The owner proffers to develop the property in general conformance with the
Generalized Development Plan (GDP) dated 7/2/13, identified as "Generalized
Development Plan TM #64-A-18, 51.26 Acres" and which is attached to the proffer
statement, for the purpose of identifying the proposed zoning changes to the parcel, the
general location and form of the parcel access, and improvements to Route 522.
Approximately five acres will be rezoned to B2, Business General District, and
approximately 46.26 acres will be rezoned to RP, Residential Performance District.
Attached to the proffer statement is a "Plat of Rezoning" dated July 1, 2013 which
delineates the proposed zoning areas.
2.) Residential Density
The owner proffers to limit the maximum number of residential units to six hundred forty
(640). The owner proffers to limit the minimum number of residential units to four
hundred twenty (420).
3.) Right of Way Dedication
The owner proffers to dedicate a ten foot strip of land along the frontage of Parcel TM#
64-A-18 to the Virginia Department of Transportation for the purpose of facilitating future
improvements to Route 522. This dedication will occur prior to the issuance of any
occupancy permit for the property.
4.) Initial Transportation Improvements
The Owner must obtain adequate access oute 522 as approved by VDOT for the
rezoned parcel.
The owner proffers to dedicate the necessary land for road improvements and to
construct the internal road system as generally shown on the GDP. Implementation of
certain of these improvements as approved by VDOT and Frederick County will be
page 2
PROFFER STATEMENT
Madison Farms, LLC-TM#64-A-18
CD
completed prior to the issuance of any occupancy permit for the property. These
improvements will include:
a) The design and construction of a right turn lane southbound on Route 522 into
the parcel;
b) The design of one northbound left turn lane on Route 522 into the parcel;
c) The design and construction of a full movement public street entrance into the
property including one west bound lane, two eastbound left turn lanes, one east
bound right turn lane, and bicycle/pedestrian facilities;
d) The design and construction of a roundabout at the western limits of the
commercial area unless it is determined by the Virginia Department of
Transportation that an alternate intersection design is required.
e) The design and construction of a public street to the northern limits of the parcel
to allow connection to Parcel TM#64-A-12 as generally shown on the GDP.
5.) Interparcel Access
The owner agrees to provide the necessary ingress and egress easements to allow
vehicle access for the benefit of Parcel TM#64-A-14 and Parcel TM#64-A-15, to and
from the public roads described in Items 4.c and 4.e above subject to approval by the
Virginia Department of Transportation.
6.) Other Transportation Improvements
a.) A public road will be extended to the western limits of the parcel to allow future
connection to Parcel TM#64-A-124 as generally shown on the GDP. The road will
include the design and construction of a roundabout at the intersection of the proposed
roads unless it is determined by the Virginia Department of Transportation that an
alternate intersection design is required. Construction of this road will be completed
before the three hundred twelfth (312th) residential unit receives an occupancy permit.
b.) A public road will be extended to the southern limits of the parcel to allow future
connection to Parcel TM#64-A-20 as generally shown on the GDP. Construction of this
road will be completed before the four hundred twentieth (420th) residential unit receives
an occupancy permit.
7.) Route 522 Traffic Signal
In the event that the Virginia Department of Transportation notifies the owner that a
warrant study is required at the intersection of Route 522 and the access to the parcel,
the owner hereby proffers to complete said warrant study within three months of the
notification. If, after reviewing the warrant study, the Virginia Department of
Transportation notifies the owner that a traffic signal is warranted at the intersection of
Route 522 and the access to the parcel, the owner hereby proffers to undertake and
complete the design and construction of the traffic signal within one year of the signal
warrant notification.
page 3
PROFFER STATEMENT
Madison Farms, LLC-TM#64-A-18 0
8.) Bicycle/Pedestrian Facilities }
The owner proffers to install bicycle and pedestrian facilities generally along the
proposed public road routes and as part of the construction of said roads. Construction
details and phasing will be submitted as part of a Master Development Plan for the
project.
9.) Residential Development Impact Offset Contribution
a. Single Family Detached and Single Family Attached: The owner proffers to pay
to the Treasurer of Frederick County, Virginia the amount of $19,600 per single family
detached dwelling unit and $13,062 per single family attached unit prior to the time that
the Certificate of Occupancy is issued for each unit.
b. Apartments — The owner proffers to pay to the Treasurer of Frederick County,
Virginia the amount of $11,339 per apartment unit in accordance with the following:
Payment of the amount determined will be made prior to the time of the issuance
of the Certificate of Occupancy for each apartment building in a Phase and as follows:
(i) Ten (10%) Percent of the amount determined in cash or its equivalent;
(ii) The Balance of the Impact Fee in the form of a bond, secured by cash (or
its equivalent) or by a letter of credit from County approved financial
institution, payable five (5) years from date, and payable to the Treasurer
of the County of Frederick, Virginia.
10.) Age -Restricted Residential Development Impact Offset Contribution
a. Single Family Detached and Single Family Attached: The owner proffers to pay
to the Treasurer of Frederick County, Virginia the amount of $2,869 per single family
detached dwelling unit and $2,181 per single family attached unit prior to the time that
the Certificate of Occupancy is issued for each unit.
b. Apartments — The owner proffers to pay to the Treasurer of Frederick County,
Virginia the amount of $2,187 per apartment unit in accordance with the following:
Payment of the amount determined will be made at the time of the issuance of
the Certificate of Occupancy for each apartment building in a Phase and as follows:
(i) Ten (10%) Percent of the amount determined in cash or its equivalent;
(ii) The Balance of the Impact Fee in the form of a bond, secured by cash (or
its equivalent) or by a letter of credit from County approved financial
institution, payable five (5) years from date, and payable to the Treasurer
of the County of Frederick, Virginia.
11.) Property Owners Association
The residential development will be made subject to a Property Owners Association
(POA) that shall be responsible for the ownership and maintenance of all property areas
not privately owned or dedicated to public agencies. The POA shall be provided other
responsibilities, duties, and powers as are necessary and customary for such
associations. In addition to other responsibilities as assigned, the POA shall be
responsible for solid waste disposal programs and the maintenance of streets, parking
areas, buffer areas, recreational features, lighting and landscaping.
page 4
PROFFER STATEMENT
Madison Farms, LLC-TM#64-A-18
The Owner agrees to fund the POA in a sum of Five Thousand Dollars ($5,000.00) in
order to facilitate the POA's operating costs upon the transfer of control of the POA from
the Developer to the third party property owners.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the event that the Frederick
County Board of Supervisors grant this rezoning and accepts these proffers, then these
proffers shall apply to the land rezoned in addition to the other requirements of the
Frederick County Code.
Submitted By:
MADISON II, LLC as,9f the 11 th day of December, 2013
l
By: l
Davio,R. Ma ji 9d,,Wanager
City of Winchester, Commonwealth of Virginia.
T foregoing instrument was acknowledged before me this 13 74 day of
by David R. Madison, Manager of Madison II, LLC.
ublic
Notary Registration number: f Y�
My Commission expires: 1-31-11
page 5
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PAINTER-LEWIS, P.116-
PROJECT:
SURVEY:
PLAT OF REZONING
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81 Ceder Creek Grade, Suite 120
MADISON VILLAGE
DRAWN BY:
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JOB NO.:
Winchester, Virginia 22601
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TM#64—A— 18
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SCALE:
1201007
Telephone (540)662-5792
DATE:
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Facsimile (540)662-5793
FREDERICK COUNTY, VIRGINIA
SHOWN
711113
CONSULTING
SHEET:
ENGINEERS Email office@pointeriewis-com
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I.. r ENGINEERS Email: office®painterlewis.com 51.2 ACRES