65A27A_AbramsChaseProfferRevisionAMENDMENT
Action:
PLANNING COMMISSION: May 20, 2015 - Recommended Approval
BOARD OF SUPERVISORS: July 8, 2015 C APPROVED C] DENIED
AN ORDINANCE AMENDING
REZONING #04-15 OF ABRAM'S CHASE (PROFFER AMENDMENT)
WHEREAS, Rezoning 904-15, Abram's Chase (Proffer Amendment), submitted by Greenway
Engineering, Inc., to revise proffers associated with Rezoning 411-06 requesting to amend the proffer
statement to restrict the residential uses to age -restricted residential uses. In addition, the modification
to the proffer statement to reduce the monetary contribution to offset the impact of the development is
accurate and reflects the change to age -restricted residential uses; and
WHEREAS, the Planning Commission held a public meeting on this rezoning on May 20, 2015 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public meeting on this rezoning on July 8, 2015; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning proffer
amendment 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
proffers associated with Rezoning #11-06 have been amended to restrict the residential uses to age -
restricted residential uses and to modify the monetary contribution to reflect this change.
PDRes 431-15
This ordinance shall be in effect on the date of adoption.
Passed this 8th day of July, 2015 by the following recorded vote:
Richard C. Shicklc, Chairman Aye Gary A. Lofton Aye
Robert A. Hess Aye Robert W. Wells Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Jason E. Ransom Aye
A COPY ATTEST
renda G. Garton
Frederick County Administrator
viKGINIA: Fkr:DERICK COUNTY.SC-1.
This instrument of writing was produced to me on
—1- l (.e" l 4!5'- at 1 5(q p n'1
and with certific-,: .�'vm!+ ,dgemcnt thereto annexed
was admitted io ,, ,w f :,\ :;nposcd by Sec. 58.1-802 of
and 58.1-801 have been paid, if assessable
464't J' ,-- , Clerk
PDRes #31-15
BOS Res. #005-15
C=)
-2-
CD
This ordinance shall be in effect on the date of adoption.
Passed this 8th day of July, 2015 by the following recorded vote:
Richard C. Shicklc, Chairman Aye Gary A. Lofton Aye
Robert A. Hess Aye Robert W. Wells Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Jason E. Ransom Aye
A COPY ATTEST
renda G. Garton
Frederick County Administrator
viKGINIA: Fkr:DERICK COUNTY.SC-1.
This instrument of writing was produced to me on
—1- l (.e" l 4!5'- at 1 5(q p n'1
and with certific-,: .�'vm!+ ,dgemcnt thereto annexed
was admitted io ,, ,w f :,\ :;nposcd by Sec. 58.1-802 of
and 58.1-801 have been paid, if assessable
464't J' ,-- , Clerk
PDRes #31-15
BOS Res. #005-15
C3
15, 010 0 6 6 -16
Greenway Engineering January 11, 2007 Abram's Chase Age -Restricted Rezoning
Revised March 17, 2015
Revised April 21, 2015
ABRAM'S CHASE PROFFER STATEMENT
REZONING: RZ# - Conditional Zoning Amendment
RP, Residential Performance District with Proffers to
RP, Residential Performance District with Revised Proffers
PROPERTIES: 3.251 -acres
Tax Parcels 65 -((A)) -27A & 65 -((A)) -28A
RECORD OWNERS: Harvest Communities, Inc.
APPLICANT: Harvest Communities, Inc.
PROJECT NAME: Abram's Chase Age -Restricted Subdivision
ORIGINAL DATE
OF PROFFERS: January 11, 2007
REVISION DATE: April 21, 2015
Preliminary Matters
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 conditional zoning amendments pertaining to Rezoning
Application #I1-06 for the 3.251 -acres (the "Property") from the RP, Residential
Performance District with approved proffers to RP, Residential Performance District with
revised proffers, 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 term "Applicant" herein
shall also include within its meaning the owner of the properties that are subject to these
proffers and such owner's legal successors, heirs, and 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
File #4545A/EA W
Greenway Engineering January 11, 2007 Abram's Chase Age -Restricted Rezoning --�-
Revised March 17, 2015
Revised April 21, 2015 C11
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.
A. Generalized Development Plan
The Applicant hereby proffers to develop the Property in substantial conformity with the
attached Generalized Development Plan ("GDP") dated March 17, 2015 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 that will be age -restricted.
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 age -restricted residential lots and internal
public street system serving the Property.
File #4545A/EAW 2
Greenway Engineering January 11, 2007 Abram's Chase Age -Restricted Rezoning CD
Revised March 17, 2015
Revised April 21, 2015 L.3
5. The Applicant hereby proffers to construct a 10 -foot asphalt bicycle/pedestrian
facility along the 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 Age -Restricted 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 Age -Restricted Subdivision 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 age -restricted 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 issuance of the occupancy permit associated with each age -
restricted residential lot and may be used by Frederick County as local matching
funds for qualifying transportation projects at the discretion of the County.
D. Monetary Contribution to Offset Impact of Development
The Applicant will pay to the Treasurer of Frederick County, Virginia $2,835.00
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
issuance of the occupancy permit associated with each age -restricted residential
lot and is to be distributed in the amounts as follows:
Fire and Rescue $ 554.00
General Government $ 43.00
Library $ 496.00
Parks and Recreation $ 1,742.00
Dile #4545A/GA W 3
Greenway Engineering
E. Signature
January 11, 2007 Abram's Chase Age -Restricted Rezoning
Revised March 17, 2015
Revised April 21, 2015
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:
i-� r
Stuart Butler, President
Harvest Communities, Inc.
Commonwealth of Virginia,
City/County of V�-men'C1"-\ To Wit:
Datil
The foregoing instrument was acknowledged before me this day of , ; 1 L
Notary Public
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