85D1195_SouthernHillsPhase2-0
AMENDMENT
Action:
PLANNING COMMISSION: October 19, 2016 - Recommended Approval
BOARD OF SUPERVISORS: November 9, 2016 - LSI APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #11-16 SOUTHERN HILLS — PHASE 2
WHEREAS, Rezoning #11-16 of Southern Hills —Phase 2, submitted by Greenway Engineering, Inc.,
to revise the proffers from Rezoning Application 422-06 for 40.36 acres (37.79 acres of Residential
Performance and 2.57 acres of General Business zoning) to allow for the construction of up to 130 single-
family detached units with the proffers final revision date of October 13, 2016, was considered. The
Property is located on the east side of Town Run Lane (Route 10 12) approximately 0.6 miles south of the
intersection with Fairfax Pike (Route 277) and Town Run Lane, and further identified with Property
Identification Number 8513-1-1-95 in the Opequon Magisterial District; and,
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 19, 2016
and recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 9,
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 proffers associated with
rezoning #22-06 for 40.36 acres. These amended proffers modify the housing type from single-family
attached (townhouse) units to single-family detached units as well as decrease the number of units from
232 to 130 units; decreasing the total units by 102, with a final revision date of October 13, 2016. The
conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached.
PDRes #45-16
-2 -
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of November, 2016 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye
Robert A. Hess Aye Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann -Slaughter -Aye-
Blaine P. Dunn Aye
A COPY ATTEST
AJ:�
aG. Garton
Frederick County Administrator
dttt�lMA: Fb- DERICK COUNTY.SM.
This instrument of writing was produced to me on
t (— I -I (• at 3 - DL M-
and with certificate acknowledgement thereto annexed
was admitted to record. 'I'm imposed by Sec. 58.1-802 of
$ , and 58.1-801 have been paid, if assessable
PDRes 445-16
BOS Res. #037-16
Greenway Engineering June 30, 2016 Arcadia Communities, L.L.C. Rezoning
Revised September 15, 2016
Revised October 13, 2016
U V JI O
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SOUTHERN HILLS — PHASE 2 ry
SINGLE-FAMILY LOT DEVELOPMENT 1"v
PROFFER STATEMENT
REZONING: RZ #11-16
37.79± acres of RP, Residential Performance District and 2.57±
acres of B2, Business General District with proffers to 37.79±
acres of RP, Residential Performance District and 2.57± acres of
B2, Business General District with revised proffers
PROPERTY: 40.36± acres (RP District 37.79± acres; B2 District 2.57± acres)
Tax Map Parcel 85D-1-1-95 (here -in after the "Property")�,Yt
RECORD OWNER: Arcadia Communities, LLC a Virginia limited liability company;
By: VMB Investments, L.L.C., a Delaware limited liability
company, Its Sole Member and Manager; By: VM Holdings III,
L.L.C., a Virginia limited liability company, Its Managing
Member; By: Van Metre Financial Associates, Inc., a Virginia
corporation, Its Manager (here -in after the "Owner")
APPLICANT: Greenway Engineering, Inc.
PROJECT NAME: Southern Hills — Phase 2 Single -Family Lot Development
ORIGINAL DATE
OF PROFFERS: June 30, 2016
REVISION DATE: October 13, 2016
Preliminary Matters
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 proffers that in the event the Board of Supervisors
of Frederick County, Virginia, shall approve Rezoning Application #11-16 for the
rezoning of a 40.36± -acre parcel from 37.79± acres of RP, Residential Performance
District and 2.57± acres of B2, Business General District with proffers to 37.79± acres of
RP, Residential Performance District and 2.57± acres of B2, Business General District
with modified proffers, development of the 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 Owner 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
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Greenway Engineering June 30, 2016 Arcadia Communities, L.L.C. Rezoning (_0
Revised September 15, 2016
Revised October 13, 2016 N
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deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon
this Owner and their legal successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Arcadia Communities,
LLC a Virginia limited liability company; By: VMB Investments, L.L.C., a Delaware
limited liability company, Its Sole Member and Manager; By: VM Holdings III, L.L.C., a
Virginia limited liability company, Its Managing Member; By: Van Metre Financial
Associates, Inc., a Virginia corporation, Its Manager being a portion of Tax Map Parcel
85D-1-1-95, as evident by Instrument #160002930, and further described by Boundary
Line Adjustment Plat of the land of Arcadia Communities, L.L.C., prepared by Greenway
Engineering, dated February 23, 2016 (see attached Instrument #160002930 for Survey
Plat).
PROFFERED CONDITIONS
A.) Land Use Restrictions
The Owner hereby proffers to develop the RP, Residential Performance District
portion of the Property (approximately 37.79± acres) as single-family detached
residential lots. The Owner further proffers that there will be a maximum of 130
single-family residential lots developed on the Property.
2. The Owner hereby proffers to encumber the B2, Business General District portion
of the Property (approximately 2.57± acres) as a reservation for a 100 -foot wide
future right-of-way, and will dedicate the right-of-way upon request by the
County or VDOT, provided such request is made in writing prior to March 10,
2105, as described in Instrument #160002930. The reservation shall be available
for fulfillment of Proffer 10 of the Proffer Statement dated June 6, 2001, and
revised January 31, 2007, approved as part of Rezoning Number 22-06.
B.) Ewing Family Cemetery
1. The Owner hereby proffers to set aside a separate lot for the Ewing Family
Cemetery with access from a public street within the Property. Access from the
public street to the Ewing Family Cemetery lot shall be established via an
appropriate easement that will be established as part of the Subdivision Design
Plan and Final Subdivision Plat for the Property. The Ewing Family shall have
maintenance responsibility for said easement.
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Greenway Engineering dune 30, 2016 Arcadia Communities, L.L.C. Rezoning
Revised September 15, 2016
Revised October 13, 2016
C.) Disclosure Statement
A statement shall be added to the Final Subdivision Plat and Deed Covenants for
all single-family detached residential lots created on the Property advising that
agricultural land uses exist to the south and to the east of the Property; that the
Ewing Family Cemetery exists as a separate lot with access and easement within
the Property; and that wastewater treatment facilities exist or previously existed to
the North of the Property.
D.) Monetary Contribution
The Owner hereby proffers to provide a total monetary contribution of
$830,630.70 to offset residential development impacts for the Property. The
Owner proffers to include a narrative on the Subdivision Design Plan that
identifies the monetary contribution for each single-family detached residential lot
that equates to the total monetary contribution of $830,630.70 divided by the total
number of single-family detached residential lots. The Owner shall cause for the
payment of the established monetary contribution for each single-family detached
residential lot to the County prior to the issuance of a Certificate of Occupancy
Permit for each developed single-family detached dwelling unit within the
Property.
OWNER SIGNATURES ON FOLLOWING PAGE
Owner Signature
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Greenway Engineering June 30, 2016 Arcadia Communities, L.L.C. Rezoning
Revised September 15, 2016
Revised October 13, 2016
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The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Owner. In the event the Frederick County
Board of Supervisors grants this rezoning and accepts the conditions, the proffered cis
conditions shall apply to the land rezoned in addition to other requirements set forth in
the Frederick County Code.
Respectfully Submitted:
Arcadia Communities, L.L.C.,
a Virginia limited liability company
By: VMB Investments, L.L.C.,
a Delaware limited liability company
Its Sole Member and Manager
By: VM Holdings III, L.L.C.,
a Virginia limited liability company
Its Managing Member
By: Van Metre Financial Associates, Inc.,
a Virginia corporation
Its Manage
By: ,0 n I � lG
Date
Commonwealth of Virginia,
City/County of Vwzgy To Wit:
The foregoing instrument was acknowledged before me this ay of CJ6b\CC1Z,
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