44A17_HiattRunCondosAMENDMENT
Action: .
PLANNING COMMISSION: October 7, 2015 - Recommended Approval
BOARD OF SUPERVISORS: October 28, 2015 X1 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #05-15 HIATT RUN CONDOS, LLC
WHEREAS, Rezoning #05-15 Hiatt Run Condos, LLC, submitted by GreyWolfe, Inc., to rezone 3.00
acres of land from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers
dated June 24, 2015, last revised on October 20, 2015, was considered. The property is located on the
eastern side of Martinsburg Pike (Route 11) just before Old Charlestown Road (Route 761). The property
is further identified with PIN 44-A-17 in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 7, 2015 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 28, 2015;
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
rezone 3.00 acres of land from the RA (Rural Areas) District to the RP (Residential Performance)
District with proffers. The conditions voluntarily proffered in writing by the applicant and the property
owner are attached.
PDRes 439-15
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This ordinance shall be in effect on the date of adoption.
Passed this 28th day of October, 2015 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. DeHaven, Jr. Abstained
Jason E. Ransom Aye
BOS Res. #024-15
Rezoning:
Property:
Record Owner:
Project Name:
Original Date of Proffers:
Revised:
Magisterial District:
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RZ #05-15 (-n
Area: 3.000 acres
Tax Parcel 44-(A)-17
Hiatt Run Condos, LLC
Hiatt Run Condos
June 24, 2015
September 10, 2015
October 20, 2015
Stonewall
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as
amended, and the provisions of the Frederick County Zoning Ordinance with respect to
conditional zoning, the undersigned owner hereby offer the following proffers that in the
event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning
Application #_-15 for rezoning of 3.000 -acres, as shown on the Generalized
Development Plan and Plat of Record as instrument 150008123, from the RA (Rural
Areas) Districts to RP (Residential Performance) District, development of the subject
property shall be done in conformity with the terms and conditions set fortis herein,
except to the extent that such terms and conditions may be subsequently amended or
revised by the owner and such are approved by the 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 this owner and their legal successors, heirs, or assigns.
The Property are more particularly described as the lands conveyed to Hiatt Run
Condos, LLC, from SEI Winchester, LLC, as recorded in the Frederick County Circuit
Court Clerk's Office as instrument #150000684 dated January 27, 2015, from Vincent L.
Lord and Lila T. Lord as recorded in the Frederick County Circuit Court Clerk's Office
as instrument 150003035 dated April 7, 2015, and from McCann Family Land Trust as
recorded in the Frederick County Circuit Court Clerk's Office as instrument #150008123
dated August 11, 2015.
Proffers:
Residential Density
a. The three (3.000) acre portion of the site shown on the attached Generalized
Development Plan as "3.000 Acres to be rezoned from RA to RP" will not
contain any residential buildings. All uses for RP on the referenced three
(3.000) acre portion of the site are hereby excluded except for community
center, manager's office, parking, garages, open space, and recreational
amenities for the development.
2. Transportation
a. The owner hereby proffers to utilize only the entrances shown on their
approved Master Development Plan "Hiatt Run Condominiums" #04-15.
3. Trails
a. The owner hereby proffers to construct a hike -biker trail with fencing in two
phases, to be used by the public upon the completion of the second phase, in a
20' easement on the adjacent property, tax parcel 44-(A)-40. See detail on
Generalized Development Plan (GDP). All physical maintenance of the trail,
including the fence, shall be the responsibility of the owner, its successors and
assigns, and shall be expressly set forth in future deeds of conveyance of the
property.
i. The first phase will begin at McCann's Road (Route 838) and extend
in a northerly direction for at least 1750'. This portion will be
constructed by July 1, 2018. See GDP.
ii. The second phase will complete the remaining 2450' per the attached
GDP by July 1, 2021. All of the trail shall be constructed prior to the
final occupancy permit of the 120'' apartment unit.
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The conditions proffered above shall be binding upon heirs, executors,
administrators, assigns, and successors in the interest of the owner and owner. In the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code and Ordinance.
Respectfully Submitted:
By:
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Scott S. Rosenfeld, manager
Hiatt Run Condos, LLC
Commonwealth of Virginia,
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Date
City/County ofTo Wit:
The foregoing instrument was acknowledged before me this % 1 day of`20��
By
Notary Public Registration Number
My Commission Expires S .,
l Billie Russ
Commonwealth of Virginia
# Notary Public
COMISslon No. 7389410
MY Commisslon Expires 8!3111019
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THE TRAIL DESIGN SHALL BE
APPROVED BY FREDERICK
COUNTYAND THE OWNERS OF
44-(A)-40. THE TRAIL SHALL
INCLUDE ANY CULVERTS
NECESSARY FOR DRAINAGE.
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I I � 44-(A)-17
Hiatt Run Condos, LLC \ ,
150000684 \`
I , ZONING: RP
USE: 120 APARTMENTS
14.488 ACRES
t 3.000 ACRES TO BE REZONED FROM RA TO RP
f/- 4200' TRAIL WITHIN A 20' ESMT �..,
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BRIDGE OVER STREAM _._._..
HIA77 RUN
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100 YR FLOOD PLAIN PER FEMA
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20' PEDESTRIAN EASEMENT x
2" OF SM -12.5A ASPHAL T
6" OF21B STONE - COMPACTED TD 95%
TRAIL AND FENCE DETAIL
NOT TO SCALE
FENCING SHALL BE McCain
CONSTRUCTED WITH 5'-6"
TREA TED POSTS SET TWEL VE USL
(12) ON CENTER AND BRACED
WITH 2" STEEL PIPE AND 9
GAUGE WIRE AT CORNERS,
ANGLE POINTS, AND EVERY
120 FEET ON STRAIGHT RUNS,
THE WIRE SHALL BE 47" TALL
GAL VANIZED AMERICAN WIRE
TYPE FENCING WI7H 9" STA YS
AND 10 GAUGE TOPAND
BOTTOM STRANDS. A SINGLE
STRAND OF MOTTO BRAND
BARBED WIRE SHALL BE
INSTALLED 4"ABOVE THE
AMERICAN WIRE. NEW FENCE
SHALL BE INSTALLED PRIOR
TO THE REMOVAL OFANY
EXISTING FENCING.
\ 1750'
PHASE 1 -
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44-(A)-40
Tann Family Land Trust r
010012943 �� I
ZONING: RA
USE., AGRICULTURE
195 ACRES
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FUTURE ENTRANCE - TRAIL
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DATE: JUNE 24, 2015
SCALE: V=250'
DRAWN BY: GRO
JOB NO. #0432
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DATE: JUNE 24, 2015
SCALE: V=250'
DRAWN BY: GRO
JOB NO. #0432
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