HomeMy WebLinkAbout01-08 ApplicationCO c RICK
Department of Planning and Development
540/665 -5651
FAX: 540/665-6395
March 31. 2008
Mr. Evan Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: REZONINC #01 -08, FREDERICK COUNTY SCHOOL BOARD
Dear Evan:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of March 26, 2008. The above- referenced application was approved to rezone 15.24 acres
from the RP (Residential Performance) District with proffers to RP District with modified proffers, for
the twelfth elementary school. The property adjoins Senseny Road to the north and Channing Drive to
the west, approximately 3,000 feet east of Greenwood Road, in the Red Bud District, and is identified
with Property Identification Number 55- A -206B.
The proffer dated January 21, 2008 and revised February 7, 2008 that was approved as a part of this
rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a
copy of the adopted proffer statement for your records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
i
Candice E. Perkins, AICP
Senior Planner
CEP /bad
Attachment
cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor
Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Frederick County School Board, 1415 Amherst St., Winchester, VA 22601
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
0 r
REZONING APPLICATION #01 -08
FREDERICK COUNTY SCHOOL BOARD
Staff Report for the Board of Supervisors
Prepared: March 17, 2008
Staff Contact: Candice E. Perkins, Senior Planner
This report is prepared ly the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this Zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 03/05/08 Recommended Approval
Board of Supervisors: 03/26/08 Pending
PROPOSAL To rezone 15.24 acres from the RP (Residential Performance) District with proffers to
the RP District with modified proffers for the 12 elementary school.
LOCATION The property adjoins Senseny Road to the north and Charming Drive to the west,
approximately 3,000 feet east of Greenwood Road.
MAGISTERIAL DISTRICT Red Bud
PROPERTY ID NUMBER: 55- A -206B
PROPERTY ZONING RP (Residential Performance) District
PRESENT USE Vacant
ADJOINING PROPERTY ZONING & PRESENT USE
North:
RP (Residential Performance)
Use:
Residential
South:
B2 (Business General)
Use:
Vacant
East:
RP (Residential Performance)
Use:
Residential
West:
RP (Residential Performance)
Use:
Residential
PROPOSED USES Public Use - 12 ` Elementary School
• •
Rezoning #01 -08— 12" Elementary School
March 17, 2008
Page 2
REVIEW EVALUATIONS:
Frederick County Attorney: Add at the end of Item A the following sentence: "The Applicant hereby
proffers that all conditions associated with the 1 999 rezoning of the remaining portion of the property
shall remain in place ".
Planning Department:
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the
zoning for the subject area as A -2 (Agricultural General) District This zoning classification
was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive
amendment to the county's Zoning Ordinance.
The Board of Supervisors approved Rezoning Application 915 -99 for Charming Drive on
December 8, 1999. This action established 354.3 acres of land zoned RP (Residential
Performance) District, and 22.0 acres of land zoned B2 (Business General) District. The Board
of Supervisors also approved Rezoning #04 -04 for the Bean Property on May 12, 2004, which
rezoned five acres from the RA District to the RP District with proffers.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Land Use
The proposed 15.24 acre site is located within the Urban Development Area (UDA) and the
Sewer and Water Service Area (SWSA) and the development of the subject property for an
elementary school use is in general conformance with the policies of the Frederick County
Comprehensive Policy Plan.
Transportation — See Master Development Plan
The new elementary school will be accessed off of one entrance on Charming Drive.
3) Proffer Statement - Dated January 21, 2008, Revised February 7, 2008
The new proffers associated with the subject property will eliminate the proffers associated with
the Bean Property Rezoning from 2004 which restricted the use of the property to single family
residential structures. The proffers for the 12` Elementary School will restrict the use of the
15.24 acres to public use.
• 0
Rezoning #01-08 — 12 th Elementary School
March 17. 2008
Page 3
PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/05/08 MEETING
The Planning Commission received the staff summary and had discussion on both the Rezoning
Application 401 -08 for Frederick County School Board and the MDP 401 -08 for the Revised
Lynnhaven Development together, since both applications concerned the same project.
The representative for the School Board stated the existing zoning designation on the property is not
being changed; however, a modification to the previously- approved proffers is requested to: 1)
eliminate the residential condition placed upon the five acres and 2) to establish a proffer for the
entirely -acre property which states the parcel can only be used for public use.
One area resident spoke during the public comment portion of the hearing. He was in favor of the
school construction, but was interested in knowing if any limitations were going to be placed on the
commercial development in light of the vicinity of the school. In addition, he referred to the staff's
comment about VDOT barricading off a section of Charming Drive. He questioned why there was a
reversal of opinion from just last year when Charming Drive was being pushed as a major thoroughfare
in the County's road plan and it was guaranteed to be open and dedicated to the County by the summer
of 2008.
Staff responded that VDOT has identified sight issues on the southern section of Charming Drive, where
it intersects with Senseny Road, which makes it unsafe until a traffic signal is installed. The developers
of the existing B2 property have the proffer which commits them to install the traffic signal with the
first commercial use. Staff noted that the County is working with VDOT to get the remainder of the
remainder of the roads into the State System and has set a target date of the school's opening a year and
a half out. Staff also noted there are a number of ways for the traffic to get through safely and to get to
the school site safely. Regarding the restrictions on the commercial uses adjacent to the school, staff
commented there were provisions within the zoning code on appropriate uses and requirements for
buffering between uses. In addition, staff will work with the developers of the commercial areas to
ensure compatible uses are established.
Two separate actions were taken by the Planning Commission. The Commission unanimously
recommended approval of the rezoning application by the Frederick County School Board with
modified proffers for the County's 12 °i elementary school. The Planning Commission unanimously
recommended approval ofthe MDP for the Revised Lynnhaven Development for the elementary school,
along with residential and commercial uses. (Note: Commissioner Kerr was absent from the meeting.)
STAFF CONCLUSIONS FOR 03/26/08 BOARD OF SUPERVISORS MEETING:
This is an application to rezone 15.24 acres from the RP (Residential Performance) District with
proffers to the RP District with modified proffers to accommodate the proposed 12'" elementary school.
The existing proffers associated with the five acre Bean property would preclude the construction of the
school and, therefore, the applicant is requesting that the site be rezoned to modify the proffers. The
laud use proposed in this application is consistent with the goal of the Comprehensive Policy Plan and
has addressed all of staffs concerns.
0 •
Rezoning 901 -08 — I2 Elementary School
March 17, 2008
Page 4
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
i
Frederick County, VA
Rezoning
REZ # 01 - 08
Application
Frederick County
School Board
Parcel ID:
55 - A - 206B
Location in the County
Map Features
- Application
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Frederick County, VA
Rezoning
REZ #01 -08
Application
Frederick Count3
School Board
Parcel ID:
55- A -206B
Location in the Gountl
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Frederick County, VA
Rezoning
REZ # 01 -08
Application
Frederick Counti
School Board
Pa reel ID:
55 - A - 206B
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• •
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the
Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent
Street, Winchester.
1.
2.
3.
4.
Applicant:
Name: Greenway En ing eerinQ
Telephone: (540) 662 -4185
Address: 151 Windy Hill Lane Winchester, VA 22602
Property Owner (if different from above)
Name: County School Board of Frederick County, Virginia
Telephone: (540) 662 -4518
Address: 1415 Amherst Street Winchester, VA 22601
Contact person if other than above
Name: Evan Wyatt, AICP
Telephone: (540) 662 -4185
Checklist: Check the following items that have been included with this
application.
Location map ® Agency Comments
Plat �— Fees
Deed to Property ® hnpact Analysis Statement
Verification of taxes paid N Proffer Statement
0
5. The Code of Virginia allows us to request full disclosure of ownership in
relation to rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
County School Board of Frederick County, Virginia
Patricia Taylor, Superitendent of Schools
6. A) Current Use of the Property: Vacant
B) Proposed Use of the Property: 12T mentary School
Adjoining Property:
See attached adjoining
property map and adjacent
nronertv information table
8. Location: The property is located at (give exact located based on nearest road
and distance from nearest intersection, using road names and route number):
Adioining Sensenv Road to the north and Charming Drive to the west; approximately
3000 feet east of Greenwood Road.
0 0
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity scenario
for the proposed Zoning District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number 55- ((A)) -206B
Districts
Magisterial:
Fire Service:
Rescue Service
10.
11.
Red Bud
Greenwood Co. 18
Greenwood Co. 18
High School:
Middle School:
Elementary School:
Millbrook
Admiral Byrd
12 Elementary
Zoning Change: List the acreage included in each new zoning category
being requested.
Acres
Current Zoning
Zoning Requested
15.24 t
RP w /Proffers
RP w /modified Proffers
15.24 t
Total Acreage to be rezoned
The following information should be provided according to the type of
rezoning proposed:
Number of Units Proposed
Single Family homes: Townhome:
Non - Residential Lots: Mobile Home:
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:
Other
Multi - Family
Hotel Rooms:
Elementary School -
100.465 t SF
0 0
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the
Frederick County Board of Supervisors to amend the zoning ordinance and to change
the zoning map of Frederick County, Virginia. I (we) authorize Frederick County
officials to enter the property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be
placed at the front property line at least seven days prior to the Planning Commission
public hearing and the Board of Supervisors' public hearing and maintained so as to
be visible from the road right -of -way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the bet of my (our) knowledge.
Applicant(s): Date: I 2 I c?
Owner (s): �'� Date:
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Phone 540- 665 -5651 Facsimile 540 - 665 -6395
Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601
Phone 540- 665 -5651 Facsimile 540- 665 -6395
Know All Men By These Presents: That I (We)
(Name) County School Board of Frederick County, Virginia
Patricia Taylor Superintendent of Schools (Phone) (540) 662 -4518
(Address) PO Box 3508 Winchester, VA 22604
the owner(s) of all those tracts or parcels of land ( "Property') conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 070019473 on Page 0466 and is described as
Parcel: 55 Lot: 206B Block: A Section: _ Subdivision: _
do hereby make, constitute and appoint:
(Name) Greenway Engineering
(Phone) (540) 662-4185
(Address) 151 Windy Hill Lane, Winchester, VA 22602
To act as my true and lawful attomey -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning application for my (our) above described
Property, including:
® Rezoning (Including proffers)
❑ Conditional Use Permits
❑ Master Development Plan (Preliminary and Final)
❑ Subdivision
❑ Site Plan
❑ Comprehensive Policy Plan Amendment
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwiserescinded or
modified.
In witness thereo V(wehave h eto set my (our) hand and seal this ds day o/200
Signature(s) L-
State of Virginia, City /Q&4 of �f" � es
t o
L -6k -ran Aelh a Notary Public in and for thejurisdiction aforesaid, certify that the person(s) who
signed to the foregoing instrument and who 1 (are) known to me, personally appeared before me and has
acknowledged the same before me in the jurisdiction afores 'd ti 125 of RIJ, 200
My mmission,�
Notary Public ff0WAVC8h
Number
Tax Map Number
Owner
Address
City & State
ZIP
Zonin
1
55K 12 61
EDGECOMB CHRISTOPHER J
WATKINS KIMBERLY J
301 LYNNHAVEN DR
WINCHESTER VA
22602
RP
2
55K 13113
RICHMOND AMERICAN HOMES OF VA INC
12220 SUNRISE VALLEY DR
RESTON VA
20191
RP
3
55K 1 3 112
RICHMOND AMERICAN HOMES OF VA INC
12220 SUNRISE VALLEY DR
RESTON VA
20191
RP
4
55K 1 3 111
RICHMOND AMERICAN HOMES OF VA INC
12220 SUNRISE VALLEY DR
RESTON VA
20191
RP
5
55K 1 3 110
RICHMOND AMERICAN HOMES OF VA INC
12220 SUNRISE VALLEY DR
RESTON VA
20191
RP
6
55K 13109
RICHMOND AMERICAN HOMES OF VA INC
12220 SUNRISE VALLEY DR
RESTON VA
20191
RP
7 155K
1 3 108
TAYLOR -GRACE LLC
36 RICKETTS DR
WINCHESTER VA
22601
RP
8
55K 1 3 107
TAYLOR -GRACE LLC
36 RICKETTS DR
WINCHESTER VA
22601
RP
9
55K 1 3 106
RICHMOND AMERICAN HOMES OF VA INC
12220 SUNRISE VALLEY DR
RESTON VA
20191
RP
10
55K 13105
RICHMOND AMERICAN HOMES OF VA INC
12220 SUNRISE VALLEY DR
RESTON VA
20192
RP
11
55K 1 3 104
RICHMOND AMERICAN HOMES OF VA INC
12220 SUNRISE VALLEY DR
RESTON VA
20191
RP
12
55K 1 3 103
RICHMOND AMERICAN HOMES OF VA INC
12220 SUNRISE VALLEY DR
RESTON VA
20191
RP
13
55K 13102
RICHMOND AMERICAN HOMES OF VA INC
12220 SUNRISE VALLEY DR
RESTON VA
20191
RP
14
55K 1 3 113E
LYNNEHAVEN HOMEOWNERS ASSOC INC
142 N QUEEN ST #110
MARTINSBURG WV
25401
RP
15
65H 1 4 23A
MANNING & ROSS DEVELOPERS LLC
P O BOY 27
WINCHESTER VA
22604
RP
16
65 A 39
MANNING & ROSS DEVELOPERS LLC
PO BOX 27
WINCHESTER VA
22604
RPB2
17
55K 13101
RICHMOND AMERICAN HOMES OF VA INC
12220 SUNRISE VALLEY DR
RESTON VA
20191
RP
18
55K 13100
RICHMOND AMERICAN HOMES OF VA INC
12220 SUNRISE VALLEY DR
RESTON VA
20191
RP
19
55 A 206A
TAYLOR -GRACE LLC
36 RICKETTS DR
WINCHESTER VA
22601
B2
20
55K 1 2 41A
LYNNEHAVEN HOMEOWNERS ASSOC INC
C/O CLAGGETT MGMT
20 W THIRD ST
FREDERICK MD
21701
RP
21
55K 1 2 51
SAGASTUME GUSTAVO
SAGASTUME LORENDA
201 LYNNHAVEN DR
WINCHESTER VA
22602
RP
22
55K 1 2 52
US BANK NATL ASSOC AS TRUSTEE
C/O AMERICA'S SERVICING CO
3476 STATEVIEW BLVD
FT MILL SC
29715
RP
23
55K 1 2 53
WIGHTMAN GARY E
WIGHTMAN BETTY JEAN
205 LYNNHAVEN DR
WINCHESTER VA
22602
RP
24
55K 1 2 54
MAGANA CRISTOBAL C
MAGANA JACINTA
207 LYNNHAVEN DR
WINCHESTER VA
22602
RP
25
55K 1 2 55
GOODE ROBERT
GOODE CYNTHIA
211 LYNNHAVEN DR
WINCHESTER VA
22602
RP
26
55K 1 2 56
CROISANTJUANA
CROISANT JESSICA
213 LYNNHAVEN DR
WINCHESTER VA
22602
RP
1/28/2008 Source: Frederick County GIS Department, Nov. 2007 Data 1 of 1
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REZONING APPLICATION #01 -08
FREDERICK COUNTY SCHOOL BOARD
Staff Report for the Planning Commission
Prepared: February 12, 2008
Staff Contact: Candice E. Perkins, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. H map also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 03/05/08 Pending
Board of Supervisors: 03/26/08 Pending
PROPOSAL To rezone 15.24 acres from the RP (Residential Performance) District with proffers to
the RP District with modified proffers for the 12' elementary school.
LOCATION The property adjoins Senseny Road to the north and Charming Drive to the west
approximately 3,000 feet east of Greenwood Road.
MAGISTERIAL DISTRICT Red Bud
PROPERTY ID NUMBER: 55 -A -20613
PROPERTY ZONING RP (Residential Performance) District
PRESENT USE Vacant
ADJOINING PROPERTY ZONING & PRESENT USE
North:
RP (Residential Performance)
Use:
Residential
South:
B2 (Business General)
Use:
Vacant
East:
RP (Residential Performance)
Use:
Residential
West:
RP (Residential Performance)
Use:
Residential
PROPOSED USES Public Use - 12 °i Elementary School
0 0
Rezoning #01 -08 — 12` Elementary School
February 12, 2008
Page 2
REVIEW EVALUATIONS:
Frederick County Attorney: Add at the end of Item A the following sentence: "The Applicant hereby
proffers that all conditions associated with the 1999 rezoning of the remaining portion of the property
shall remain in place".
Planning Department:
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the
zoning for the subject area as A -2 (Agricultural General) District. This zoning classification
was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive
amendment to the county's Zoning Ordinance.
The Board of Supervisors approved Rezoning Application 415 -99 for Charming Drive on
December 8, 1999. This action established 354.3 acres of land zoned RP (Residential
Performance) District, and 22.0 acres of land zoned B2 (Business General) District. The Board
of Supervisors also approved Rezoning 404 -04 for the Bean Property on May 12, 2004, which
rezoned five acres from the RA District to the RP District with proffers.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an ofticial public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. I -1]
Land Use
The proposed 15.24 acre site is located within the Urban Development Area (UDA) and the
Sewer and Water Service Area (SWSA) and the development of the subject property for an
elementary school use is in general conformance with the policies of the Frederick County
Comprehensive Policy Plan.
Transportation — See Master Development Plan
The new elementary school will be accessed off of one entrance on Charming Drive.
3) Proffer Statement - Dated .lanuary 21, 2008, Revised February 7, 2008
The new proffers associated with the subject property will eliminate the proffers associated with
the Bean Property Rezoning from 2004 which restricted the use of the property to single family
residential structures. The proffers for the 12` Elementary School will restrict the use of the
15.24 acres to public use.
0
Rezoning #01 -08 — 12 °i Elementary School
February 12, 2008
Page 3
0
STAFF CONCLUSIONS FOR 03/05/08 PLANNING COMMISSION MEETING:
This is an application to rezone 15.24 acres from the RP (Residential Performance) District with
proffers to the RP District with modified proffers to accommodate the proposed 12'" elementary school.
The existing proffers associated with the five acre Bean property would preclude the construction of the
school and, therefore, the applicant is requesting that the site be rezoned to modify the proffers. The
land use proposed in this application is consistent with the goal of the Comprehensive Policy Plan and
has addressed all of staffs concerns.
A recommendation by the Planning- Commission to the Board of Supervisors concernin this
rezoning- application would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
Greenway Engineering • November 4, 2003 •
Revised February 4, 2004
Revised February 18, 2004
BEAN PROPERTY REZONING
Tax Parcel 55- ((A)) -208
Red Bud Magisterial District
Preliminary Matters
Bean Property Rezoning
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 applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application 99 —o
for the rezoning of 5.0 acres from the RA, Rural Areas District to establish 5.0 acres of
RP, Residential Performance District, 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 this applicant and their legal successors, heirs, or assigns.
The subject property, more particularly described as the land owned by The Trustees of
the Helen R. Bean Trust being all of Tax Map Parcel 55- ((.A)) -208, and further described
by Deed Instrument 010011489 recorded August 27, 2001 in the Frederick County Clerk
of the Court Office.
The applicant hereby proffers the following:
A.) Land Use Restrictions
The applicant hereby proffers that the 5.0 -acre site shall be limited to single - family
detached urban lots.
B.) Monetary Contribution for County Services
The applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia at the
time of building permit issuance $3,278.31 for each single - family detached urban lot that
is located completely on the 5.0 -acre site, or for each single - family detached urban lot
that has the majority (more than 50 %) of the lot area located on the 5.0 -acre site.
File #2185R/EAW
e
i
Greenway Engineering
November 4, 2003 •
Revised February 4, 2004
Revised February 18, 2004
This per lot monetary proffer provides for: ,
$2,694.11 for Frederick County Public Schools
$539.07 for Frederick County Parks and Recreation
$45.13 for Frederick County Fire and Rescue
Bean Property Rezoning
In addition, the applicant hereby proffers to pay to the Treasurer of Frederick County,
Virginia $50,000.00 to cover capital costs associated with Fire and Rescue and /or Public
School needs within thirty (30) days of Final Subdivision Plat approval for the residential
lots on the 5.0 -acre parcel.
nn O C- Monetary Contribution for Traffic Signalization
l �T applicant hereby proffers to provide a monetary contribution of $12,000.00 to
Frederick County to be utilized as a portion of the local match for the Revenue Sharing
Program for the purpose of the installation of traffic signalization at the intersection of
Greenwood Road (Route 656) and Valley Mill Road (Route 659). The $12,000.00
monetary contribution will be provided to Frederick County within thirty (30) days of
written notification that the Virginia Department of Transportation has advised Frederick
County that traffic signalization at this intersection has been warranted.
D.) Charming Drive Major Collector Road
The applicant hereby proffers to develop the portion of Charming Drive that traverses the
eastern boundary of the 5.0 -acre parcel. Furthermore, the applicant hereby proffers to
nU prohibit any cormection to Channing Drive and to provide a continuous road efficiency
I buffer along the eastern boundary of the 5.0 -acre parcel.
File #2185R/EAW 2
I 1
i Greenway Engineering
E.) Signatures
November 4, 2003
Revised February 4, 2004
Revised February 18, 2004
Bean Property Rezoning
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the applicant 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.
Respectfully Submitted:
By: 7iLJ, ', 6�' /3'e4u , 3 //1 A , /
Trustees of the Helen R. Bean Trust bate
Commonwealth of Virginia,
City County f Rederi ck To Wit:
The foregoing instrument was acknowledged before me this I I+h day of MOV'01h
20 C+by
Notary Public
My Commission Expires 24 ZC08
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File H2185R/EAW