HomeMy WebLinkAbout02-18 Proffer StatementORDINANCE
Action:
PLANNING COMMISSION: August 15, 2018 Public Hearing Held; Recommended Approval
BOARD OF SUPERVISORS: September 12, 2018 Approved
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02-18 ST. PAUL'S ON THE HILL
WHEREAS, REZONING #02-18 submitted by Greenway Engineering, Inc., to rezone 4.971± acres
from RP (Residential Performance) District to the RP (Residential Performance) District with proffers to
restrict the use of the subject property to a church and housing for older persons with a final revision date
of 08/08/18 was considered. The subject property is located at 1527 Senseny Road in the Red Bud
Magisterial District and is identified by Property Identification No. 54-A-128; and
WHEREAS, the Planning Commission held a public hearing on August 15, 2018 and recommended
approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 12,
2018; 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 rezone 4.971± acres from RP
(Residential Performance) District to the RP (Residential Performance) District with proffers to restrict
the use of the subject project to a church and housing for older persons with a final revision date of
08/08/18. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is
attached.
PDRes #30-18 -1-
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of September 2018 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton
Nay
J. Douglas McCarthy Aye Robert W. Wells Nay
Shannon G. Trout Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
Kris C. me ,
Frederick County Administrator
M��vll"�t/�: ���t)t✓kl�'� I:UU�w! �.JL►.
i'his instrriment of writing was produced to me on
9 c) -- at
and with certiiietit aeknak��fedgeme.nt thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of',
t
$ _ALIA— , and 58.1-801 have been }paid, if assessabh
WPA
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PDRes #30-18 -2-
BOS Res. #020-18
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18000
PROFFER STATEMENT
WESLEY HOUSING DEVELOPMENT CORPORATION
ST. PAUL'S ON THE HILL
RED BUD MAGISTERIAL DISTRICT
4.971 Acres
Rezoning: RZ #02-18
Record Owner Flonnie Marie Williams, Lokie Leo Voight, and Joan O'Malley
Inger, Trustees of St. Paul's on -the -Hill Episcopal Church
Applicant: Wesley Housing Development Corporation of Northern Virginia
Property: 4.971 acres located at 1527 Senseny Road, Parcel Number 54-A-
128
Zoning: RP (Residential Performance) to RP Proffered
Project Name: St. Paul's on the Hill
Date: August 8, 2018
Pursuant to Va. Code Ann. § 15.2-2296, et seg., and § 165-102.06 of the Frederick
County Zoning Ordinance, the undersigned hereby proffers that the development and use
of the Property, consisting of approximately 4.971 acres, located at 1527 Senseny Road,
Winchester, Virginia, in Frederick County, shall be in substantial conformance with the
following conditions. In the event this rezoning is granted as applied for by the Applicant,
then these proffers shall supersede and replace in their entirety all other proffers made prior
hereto. In the event this rezoning is not granted as applied for by the Applicant, then these
proffers shall be deemed withdrawn and shall be null and void.
The term "Applicant" as referenced herein shall include within its meaning the
current owner, all future owners and successors in interest.
1. DEVELOPMENT AND USE OF THE PROPERTY
1.1. Development on the Property shall be limited to a Church, and to Housing
for Older Persons as that term is defined in 42 USC § 3607(b)(2) and regulations issued
thereunder, and any applicable state law or local ordinance; and provided further that as to
100% of the housing units, each unit shall be rented or sold such that at least one resident
in each unit is a person at least age 55 or over.
[Signatures on following page.]
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PROFFER STATEMENT C='
ST. PAUL'S ON THE HILL o
RED BUD MAGISTERIAL DISTRICT
4.971 Acres
SIGNATURE PAGE
APPLICANT:
WESLEY HOUSING DEVELOPMENT CORPORATION OF NORTHERN VIRGINIA
Name:
r � I
Title:
State of
County of 'r�/ui/
Subscribed and sworn to before me this q day of , 2018 in my
County and State aforesaid, by the aforenamed principal.
NOT Y�P�BLIC
My Commission Expires: I I I Z G I 7C)
My Notary Registration Number: �- ,o•°pe�� JEq�V
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MY COMMISSION :
EXPIRES
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PROFFER STATEMENT c
ST. PAUL'S ON THE HILL
RED BUD MAGISTERIAL DISTRICT c�
4.971 Acres
OWNER:
TRUSTEES OF ST. PAUL'S -ON -THE -HILL EPISCOPAL CHURCH
By:--* Trustee
Flonme Marie Williams
ommonwealth of V�
of �l'1 Gid
Subscribe and sworn to before me this 61 day of , 2018, in my
fiZjMCX= State aforesaid, by the aforenamed principal.
NOTARf PUBL
My Commission Expires:
=PUBLIC
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BLICMy Notary Registration Number: 086COMF VIRGINIAWEXPIRE$21
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PROFFER STATEMENT
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ST. PAUL'S ON THE HILL
RED BUD MAGISTERIAL DISTRICT
4.971 Acres
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By: z -Trustee
Lokie Leo Voight
ommonwealth of Virginia:
of F,6dmcj(-
�ubscribU and sworn to before me this q day of U , 2018, in my
GIL and State aforesaid, by the aforen med principal.
NOTAR PUBLI
My Commission Expires: Ual
RAYNA Y. FLYTHE
/\��^ NOTARY PUBLIC
My Notary Registration Number: 115 4u o lS� REG. 57754088
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
MAY 31, 2029
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PROFFER STATEMENT
ST. PAUL'S ON THE HILL C=)
RED BUD MAGISTERIAL DISTRICT C—r
4.971 Acres
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B Y`.. ..
(" �-/Z Trustee
40an O'Mdlley Ing
mmonwealth of Virginia:
of rr�Pcl' l fay
ubscribed and sworn to before me this '_ day of S , 2018, in my
n 6T N�1�(]Land State aforesaid, by the afor named principals.
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NOTA PUBLI
My Commission Expires: Iapot
RAYNA Y. FLYTHE
I 1 �i1� NOTARY PUBLIC
M Notary Registration Number: S `I U Elk REG. 8775088
Y Y g ��� COMMONWEALTH OF VIRGINIA
PAY COMMISSION EXPIRES
MAY 31, 2021
5