64A23_FreedomManorAMENDMENT
Action: -
PLANNING COMMISSION: December 2, 2015 - Recommended Approval
BOARD OF SUPERVISORS: January 13, 2016 - R APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING # 11- 15 FREEDOM MANOR
WHEREAS, Rezoning #11-15, of Shen -Valley Land Holdings, LLC, submitted by Pennoni Associates
to rezone 33.6819 acres from the RP (Residential Performance) District and 13.8596 acres from the RA
(Rural Areas) District to the RP (Residential Performance) District with proffers, final revision date
January 11, 2016 was considered. The properties are located east and adjacent to Papermill Road (Route
644), approximately 2,300 feet north/west of the existing signalized intersection of Front Royal Pike (Route
522) and Papermill Road (Route 644). The properties are further identified with PIN(s) 64-A-23, 64-A-20
and 64-A-19 in the Shawnee Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 2, 2015
and recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 13, 2016;
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 33.6819 acres from the RP (Residential Performance) District and 13.8596 acres from the RA
(Rural Areas) District to the RP (Residential Performance) District with proffers, final revision date
January 11, 2016. The conditions voluntarily proffered in writing by the applicant and the property
owner are attached.
PDRes #01-16
-2 -
This ordinance shall be in effect on the date of adoption.
Passed this l 3th day of January, 2016 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye
Robert A. Hess Aye
Gene E. Fisher Absent
Blaine P. Dunn
PDRes #01-16
BOS Res. #051-16
Aye
Gary A. Lofton Aye
Robert W. Wells Aye
Judith McCann -Slaughter Aye
A COPY ATTEST
httk A4d�7
renda G. Garton
Frederick County Administrator
VIRGINIA: FR,-DERICK COUNTY.SC i .
This instrument of writing was produced to me on
D(J?r at 0 43 PIVL
and with certificate acknowledgement thereto annexed
was admitted to record. "lax imposed by Sec, 58,1-802 of
$ , and 58,1-801 have been paid, if assessable
4e'e4 , Clerk
C3
1. -h C (0
01
PROFFER STATEMENT
REZONING: RZ#
Residential Performance (RP) and Rural Areas (RA) to Residential
Performance (RP) `-
PROPERTY: 47.5415 acre +/- total (the "Property") comprised of the following;
Tax Map Parcel 64-A-23 (26.8733 Acres — RP to RP)
Tax Map Parcel 64-A-19 (2.2021 Acres — RP to RP)
Portion of Tax Map Parcel 64-A-20 (4.6065 Acres — RP to RP)
Remainder of Tax Map Parcel 64-A-20 (13.8596 Acres — RA to RP)
RECORD OWNER: Shen -Valley Land Holdings, LLC
APPLICANT: Shen -Valley Land Holdings, LLC
PROJECT NAME: Freedom Manor
ORIGINAL DATE
OF PROFFERS: December 30, 2014
REVISION DATE(S): September 4, 2015; November 4, 2015; November 18, 2015;
December 15, 2015; January 11, 2016
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these
proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent
upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on
the day following the last day upon which the Frederick County Board of County Supervisors (the
"Board") decision granting the rezoning may be contested in the appropriate court. If the Board's
decision is contested, and the Applicant elects not to submit development plans until such contest is
resolved, the term rezoning shall include the day following entry of a final court order affirming the
decision of the Board which has not been appealed, or, if appealed, the day following which the
decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within
its meaning all future owners and successors in interest. When used in these proffers, the
"Generalized Development Plan" or "GDP" shall refer to the plan entitled "Generalized Development
Plan, Freedom Manor" dated November 3, 2014 and revised January 11, 2016.
1. Site Development
1.1 Development of the Property shall not exceed a total of 300 dwelling units developed in
two phases. Phase 1 shall include a maximum of 100 single family detached dwelling
units within the area depicted as Phase 1 by the GDP. Phase 2, as depicted by the
GDP, shall consist of the remaining 200 dwelling units which may be single family
attached units, apartment units, or any combination thereof.
Proffer Statement
Freedom Manor
1.2 The Property shall be developed in general conformance with the Generalized
Development Plan, subject to minor modifications to accommodate final engineering.
2. Transportation
2.1 Prior to issuance of the first certificate of occupancy for any dwelling constructed on the
Property, the Applicant shall dedicate right of way across the Papermill Road frontage of
the Property in order to provide for a minimum of 58 feet of right of way, as measured
from the centerline of Papermill Road, to provide for both future road improvements and
a hiker/biker trail within the right of way. In the event that the Applicant chooses to
locate the hiker/biker trail as proffered across the Papermill Road frontage within a public
access easement, the right of way dedication may be reduced to provide for a minimum
of 48 feet of right of way, as measured from the centerline of Papermill Road.
2.2 Prior to issuance of a certificate of occupancy for the initial dwelling unit constructed on
the Property, the Applicant shall construct a single lane roundabout to access the
Property from Papermill Road in the general location and configuration depicted on the
GDP. Design of the roundabout shall be subject to VDOT review and approval. No
additional site entrances shall be permitted along Papermill Road.
2.3 The Applicant shall complete the following transportation improvements, subject to
VDOT approval, prior to issuance of a building permit for the 1501h dwelling unit
constructed on the Property:
The Applicant shall design and construct the northlsouth connector road as a
public roadway from the Property entrance at Papermill Road to the northern
Property limits to connect with the planned interparcel connector for the adjoining
Madison Village project in the general location depicted on the GDP.
• The Applicant shall design and construct a public roadway to provide an
interparcel connection to the western Property limits in the general location
depicted on the GDP. Said interparcel connection may be constructed within the
Phase 1 or Phase 2 area of the Property.
3. Pedestrian/Biker Improvements
3.1 Prior to issuance of a building permit for the 50th dwelling unit constructed on the
Property, the Applicant shall construct a 10' asphalt shared use path across the Property
frontage on Papermill Road and across the southern Property boundary in the general
location depicted on the GDP. Public access easements shall be provided for these
trails if not constructed within public right of way.
3.2 As part of the design and construction of the north/south connector road, the Applicant
shall construct a 10' asphalt shared use path to extend from the site entrance on
Papermill Road to the northern Property limits to link trail facilities planned for the
adjoining development as depicted on the GDP.
Page 2 of 5
Proffer Statement
4. Monetary Contribution to Offset Impact of Development
Freedom Manor
4.1 For any single family detached dwelling units and for any single family attached or
apartment dwelling units constructed on the Property; the Applicant shall contribute the
following amounts to Frederick County for the purposes identified in following Table A.
Said contribution shall be made prior to issuance of a certificate of occupancy for each of
the subject dwelling units.
Table A. Monetary Contributions
Purpose
Single Family
Detached Units
Single Family
Attached Units
Apartment
Units
Fire and Rescue
$438
$406
$412
General Government
$1,098
$1,050
$1,050
Library
$354
$338
$338
Parks and Recreation
$1,455
$1,391
$1,391
School Construction
$12,400
$10,495
$10,689
TOTAL
$15,745
$13,680
$13,880
4.2 In addition to the monetary contributions provided for by Proffer 4. 1, the Applicant shall
contribute to Frederick County the sum of $250 per dwelling unit for transportation
improvements within the general vicinity of the Property. Said contribution shall be
made prior to issuance of a certificate of occupancy for each dwelling unit.
5. Option for use of Transfer of Development Rights Ordinance
5.1 In lieu of the per unit monetary contribution as provided for by Proffer 4.1, the Applicant
may utilize the Frederick County Transfer of Development Rights (TDR) program
pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the `TDR
Ordinance") to provide for development of any/all of the proposed 300 dwelling units for
the subject Property. No monetary proffer shall be required for any dwelling unit
constructed utilizing the TDR Ordinance, but all remaining proffered commitments shall
remain applicable to such dwelling units.
Creation of and Initial funding for Property Owners Association
6.1 Development of the Property shall include creation of a Property Owners Association
(POA) which shall be responsible for ownership and maintenance of any common areas
and stormwater management facilities not dedicated to a public entity as well as solid
waste collection and disposal. In addition, the POA shall be subject to other
responsibilities, duties, and powers as are customary for such associations.
6.2 The Applicant shall establish a start-up fund in the amount of $5,000.00 in order to
facilitate the POA operations. The funds shall be transferred to the POA at such time
that control of the POA is transferred to the third party property owners.
Page 3 of 5
Proffer Statement
7. Landscape Buffer
Freedom Manor
7.1 Prior to issuance of a building permit for the 50t" dwelling unit constructed on the
Property, the Applicant shall install a single row of evergreens, a minimum of 4 feet tall Cj I
at time of planting and spaced a maximum of 10 feet on center, along the common ; E
boundary line with Shenandoah Memorial Park.
SIGNATURES APPEAR ON THE FOLLOWING PAGE
Page 4 of 5
Proffer Statement Freedom Manor
Respectfully subm
Shen -Valley Land
DENNIS A. ART
Date: JANUARY 121, 2016
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day of `- , by
q.
Deborah F. Bly
Commonwealth of Virginia
My commission expiresq-1 3 e j a o i 7 Notary Public
NotaryPublic.L �.t. -�� 44 Commission No. 360532
My Commission Expires 04130/2017
-
Page 5 of 5
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- SUBJECT PROPERTY
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FREEDOM MANOR PENNONI ASSOCIATES INC.
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Generalized Development Plan 117 E. Picadilly St. Winchester, Virginia 22601
O a VOICE: (540) 6672139 FAX: (540) 665-0493
FREDERICK COUNTY, WRGIN14