HomeMy WebLinkAbout01-08 Proffer StatementAMENDMENT
Action:
PLANNING COMMISSION: March 5, 2008 - Recommended Approval
BOARD OF SUPERVISORS: March 26, 2008 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 401 -08 OF FREDERICK COUNTY SCHOOL BOARD
WHEREAS, Rezoning 401 -08 of Frederick County School Board, submitted by Greenway
Engineering to rezone 15.24 acres from the RP (Residential Performance) District with proffers, to the RP
District with modified proffers dated January 21, 2008 and revised February 7, 2008, for the 12'"
Elementary School, was considered. The property adjoins Senseny Road to the north and Charming Drive
to the west, approximately 3,000 feet east of Greenwood Road, in the Red Bud Magisterial District, and is
identified by Property Identification Number 55- A -206B.
WHEREAS, the Planning Commission held a public hearing on this rezoning on March 5, 2008; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 26, 2008; 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
change 15.24 acres from the RP (Residential Performance) District with proffers, to the RP District with
modified proffers, dated January 21, 2008 and revised on February 7, 2008, for the 12`" Elementary
School, subject to the attached conditions voluntarily proffered in writing by the applicant and the
property owner.
PDRes #09 -08
0 0
This ordinance shall be in effect on the date of adoption.
Passed this 26th day of March, 2008 by the following recorded vote:
Richard C. Shickle, Chairman
A ye
Gary A. Lofton
Aye
Gary W. Dove
A y e
Bill M. Ewing
Aye
Gene E. Fisher
A y e
Charles S. DeHaven, Jr.
Aye
Philip A. Lemieux
Aye
A COPY ATTEST
r
E
John f t ey, Jr.
Frederri County Administrator
PDRes 409 -08
Greenway Engineering - January 21, 2008 •.m Elementary School Rezoning
Revised February 7, 2008
12 ELEMENTARY SCHOOL REZONING
Tax Parcel 55- ((A)) -206B
Red Bud Magisterial District
REZONING:
RZ # ®1- o V
Residential Performance District (RP) with proffers to Residential
Performance District (RP) with modified proffers.
PROPERTY:
15.241 acres (5.0± acre portion previously proffered)
Tax Parcel 55- ((A)) -206B (here -in after the "Property ")
RECORD OWNER:
County School Board of Frederick County, Virginia
APPLICANT:
County School Board of Frederick County, Virginia (here -in after
the "Applicant ")
PROJECT NAME:
12` Elementary School
ORIGINAL DATE
OF PROFFERS: February 18, 2004 (Bean Property Rezoning — formerly Tax Parcel
55 -((A)) -208)
REVISION DATE: February 7, 2008
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 applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application # /- 0
for the rezoning of 15.24± acres from the RP, Residential Performance District with
proffers on 5.0± acres of the Property to establish 15.24± acres of RP, Residential
Performance District with proffers over the entire Property, 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.
Pile 42185R/EA W
Greenway Engineerif ' January 21, 2008 • 1' s Elementary School Rezoning
Revised February 7, 2008
The subject Property, more particularly described as the land owned by the County
School Board of Frederick County, Virginia being all of Tax Map Parcel 55- ((A)) -206B,
and further described by Final Consolidation and Subdivision Plat of the Land of Taylor -
Grace. LLC, prepared by Greenway Engineering dated September 25, 2007 and recorded
as Deed Instrument 070019473 on December 28, 2007 in the Frederick County Clerk of
the Court Office.
PROFFER STATEMENT
A.) Conditional Zoning Modification
The Applicant hereby proffers to eliminate all conditions associated with the February
18, 2004 Proffer Statement previously approved for the 5.0± acre portion of the Property
(formerly Tax Parcel 55 -((A)) -208). The Applicant hereby proffers that all conditions
associated with the 1999 rezoning of the remaining portion of the Property shall remain
in place.
B.) Land Use
The Applicant hereby proffers to develop and utilize the 15.24± acre subject Property as
a public use area.
File #2185R/EA W
Greenway Engineeringr'
C.) Signatures
January 21, 2008 .'?h Elementary School Rezoning
Revised February 7, 2008
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:
U- a
County School Board of Frederick County Virginia
Patricia Taylor, Superintendent of Schools
Commonwealth of Virginia,
City /CO#ft+Y of —l. J i nc6 o To Wit:
Date
The foregoing instrument was acknowledged before me this f day of
20&by
V aa:, c �
^ Notary Public
My Commission Expires lLC u_o 3C� p p�
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File #2185R/EAW
Greenway Engineering` January 21, 2008 0" Elementary School Rezoning
Revised February 7, 2008
12 ELEMENTARY SCHOOL REZONING
Tax Parcel 55- ((A)) -206B
Red Bud Magisterial District
REZONING:
RZ # D t o l
Residential Performance District (RP) with proffers to Residential
Performance District (RP) with modified proffers.
PROPERTY:
15.24± acres (5.0± acre portion previously proffered)
Tax Parcel 55- ((A)) -206B (here -in after the "Property ")
RECORD OWNER:
County School Board of Frederick County, Virginia
APPLICANT:
County School Board of Frederick County, Virginia (here -in after
the "Applicant ")
PROJECT NAME:
12 Elementary School
• ORIGINAL DATE
OF PROFFERS: February 18, 2004 (Bean Property Rezoning — formerly Tax Parcel
55 -((A)) -208)
REVISION DATE: February 7, 2008
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 applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application # Ol_ 0 7
for the rezoning of 15.24± acres from the RP, Residential Performance District with
proffers on 5.0± acres of the Property to establish 15.24± acres of RP, Residential
Performance District with proffers over the entire Property, 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.
File a2185aiEAw
Greenway Engineering* January 21, 2008 0th Elementary School Rezoning
Revised February 7, 2008
The subject Property, more particularly described as the land owned by the County
School Board of Frederick County, Virginia being all of Tax Map Parcel 55- ((A)) -206B,
and further described by Final Consolidation and Subdivision Plat of the Land of Taylor -
Grace. LLC, prepared by Greenway Engineering dated September 25, 2007 and recorded
as Deed Instrument 070019473 on December 28, 2007 in the Frederick County Clerk of
the Court Office.
PROFFER STATEMENT
A.) Conditional Zoning Modification
The Applicant hereby proffers to eliminate all conditions associated with the February
18, 2004 Proffer Statement previously approved for the 5.0± acre portion of the Property
(formerly Tax Parcel 55 -((A)) -208). The Applicant hereby proffers that all conditions
associated with the 1999 rezoning of the remaining portion of the Property shall remain
in place.
B.) Land Use
• The Applicant hereby proffers to develop and utilize the 15.24± acre subject Property as
a public use area.
F - 1
LJ
File 92185R/EA W 2
11
Greenway Engineering
C.) Signatures
January 21, 2008 O' Elementary School Rezoning
Revised February 7, 2008
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: 00
•
n
U
County School Board of Frederick County Virginia
Patricia Taylor, Superintendent of Schools
Commonwealth of Virginia,
City /C 0rrty of W To Wit:
206by P
./ //h
Date
The foregoing instrument was acknowledged before me this O day of 2(ai clew
Notary Public
My Commission Expires 30 oZ00a- � Im 2ff0
File 42185WFAW
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Greenway Engineering November 4, 2003 Bean Property Rezoning
Revised February 4, 2004
Revised February 18, 2004
BEAN PROPERTY REZONING
Tax Parcel 55 -((A)) -208
Red Bud Magisterial District
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 applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #o —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 L2195F'FA W
0
0
Greenway Engineering November 4, 2003 Bean Property Rezoning
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
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.
C.) Monetary Contribution for Traffic Signalization
The applicant hereby proffers to provide a monetary contribution of $12,060.00 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
prohibit any connection to Charming Drive and to provide a continuous road efficiency
buffer along the eastern boundary of the 5.0 -acre parcel.
File 921 VR/64 W 2
9
Greemsay Engineering November 4, 2003 Bean Property Rezoning
Revised February 4, 2004
Revised February 18, 2004
E.) Signatures
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:
Trustees of the Helen R. Bean Trust 15ate
Commonwealth of Virginia,
CihI'County f Frecjt icwk To Wit:
The foregoing instrument was acknowledged before me this II Ph day of IVUC..' k
20C4-by
Notary Public
My Commission Expires Zj ZQ�5
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FJ, "218SR /E.AW
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•
Grvcnwnv 6n Channin DrAv Rezoning
C DRIVE
R
PROPER TYID NUMBERS
55-((A))-206,209,211,213
& 65-((A))-30,31,39,39,4,40
Pursuant to Section 152 - 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 4 15 -99 for the rezoning of approximately
354.3 acres from the Rural Areas (RA) zoning district to the Residential Performance (RP) zoning
district, and the rezoning of 22.0 acres from the Rural Areas (RA) zoning district to the Business
General (132) zoning district, development of the subject property shalt 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 said code and zoning ordinance. In the event that such
rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever.
These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns.
ARTICLE L• PHASED CONSTRUCTION PLAN
This article shall apply to the following parcels:
Lvnnehaven, L.C.: 55 -((A)) -206, and 65- ((A)) -30, 31
Giles Farm 65-((A))-39,39A
Sheppard/Futral 55- ((.A)) -209, 211, 213 and 65- ((A)) -40
The total number of residential building permits that may be issued for any parcel within the subject
property in combination with all other above - referenced parcels shall not exceed the following
phasing schedule:
ARTICLEH.- LYNNEHAYEN, L. C.
Charming Drive Rezaning
This article shall apply only to those properties currently owned by Lynnehaven, L.C., property
identification numbers 55 -((A)) -206, and 65- ((A)) -30, 31. The subject properties are more
particularly described as all of the land owned by Lynnehaven, L.C. as recorded in Deed Book 843
at Pages 415, 418, and 424 and reported to collectively contain 91.4 acres.
The conditions proffered are as follows:
A) AREA ZONED RP - 31.4 ACRES
1, MAXIMUM DENSITY
The total number of lots shall be limited so as not to exceed a 2.5 unit per acre density for the
entire subject area.
2. PROHIBITED UNIT TYPES
Townhouses, weak -lint: townhouses, and garden apartments, as defined in the Frederick County
Zoning Ordinance, shall not be permitted.
;. PEDESTRIAN WALKWAYS
- - Pedestrian walkways shall be provided in the - master development plan in addition to required
sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated
easements, and in tandem with the regional stormwater management network. Said trails shall
also link to similar trail systems in adjacent housing developments, and shall be six feet wide
with a wood chip or mulched surface. See Exhibit A attached.
0
Greenwav Engineering
L '_{ r
Year
Permits Issued to Date
2000
79
2001
158
2002
237
2003
316
2004
395
2005
474
2006
553
2007
632
2008
711
2009
790
2010
846
ARTICLEH.- LYNNEHAYEN, L. C.
Charming Drive Rezaning
This article shall apply only to those properties currently owned by Lynnehaven, L.C., property
identification numbers 55 -((A)) -206, and 65- ((A)) -30, 31. The subject properties are more
particularly described as all of the land owned by Lynnehaven, L.C. as recorded in Deed Book 843
at Pages 415, 418, and 424 and reported to collectively contain 91.4 acres.
The conditions proffered are as follows:
A) AREA ZONED RP - 31.4 ACRES
1, MAXIMUM DENSITY
The total number of lots shall be limited so as not to exceed a 2.5 unit per acre density for the
entire subject area.
2. PROHIBITED UNIT TYPES
Townhouses, weak -lint: townhouses, and garden apartments, as defined in the Frederick County
Zoning Ordinance, shall not be permitted.
;. PEDESTRIAN WALKWAYS
- - Pedestrian walkways shall be provided in the - master development plan in addition to required
sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated
easements, and in tandem with the regional stormwater management network. Said trails shall
also link to similar trail systems in adjacent housing developments, and shall be six feet wide
with a wood chip or mulched surface. See Exhibit A attached.
Greenwav Engineering -:: i , ,— , - ^ Channing Drive Rezoning
4. SOLID WASTE
The owners of die subject property shall pay $100.00 /mo. to Frederick County for the use of the
solid waste facility located on the Greenwood Volunteer Fire Company property and serving the
Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County
encumbers and signs a new lease for the expansion of said facility, or acquires another facility
serving this general area, and shall continue for a period of ten years, or the term of said lease.
whichever is less.
B) AREA ZONED B2 - 10.0 ACRES
L PROHIBITED USES
The following uses shall not be permitted on the subject property:
Description SIC
Automotive dealers
>j
Hotels and motels
701
Organization hotels and lodging
704
Golf driving ranges & miniature golf courses
7999
Self - service storage facilities
- --
Commercial batting cages operated outdoors
- --
2. tIIAXIVIUM BUILDOUT
In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings
in said B2 area shall not exceed 100,000 square feet.
=. BUILDING FACADES
Commercial structures within the proposed B2 area shall be faced with brick, drivel, or
architectural block on three (3) sides.
C) ENTIRE PARCEL
1. CHANNING DRIVE
Charming Drive is a new major collector which will be constructed along the eastern boundary
of the subject property. Charming Drive shall consist of an 80' dedicated right -of -way with nvo
l2' lanes, along with any associated turn lanes required by the Virginia Department of
Transportation. This thoroughtarc will be built in sections as warranted by adjacent
development. The following criteria establish when the property owner is required to extend
Charming Drive:
0
0
Greenway Enoineerin _ Channing Drive Rezoning
� '.. J J
a) Each subdivision plan for residential housing adjacent to a portion of Charming, Drive that has
not yet been constructed shall include the construction of the adjacent portion of said drive in
the subdivision plan.
b) The construction of the first section of Channing Drive, from Senseny Road to the proposed
B2 area, shall be included in the first site plan submitted for the B2 area if said road section
has not yet been constructed.
c) All of Charing Drive from Valley Mill Road to Senseny Road shall be constructed, open for
traffic and dedicated to Frederick County before the 476th residential building permit is
issued for any of the parcels listed in Article I of this proffer.
2. TRAFFIC SIGNALS
a) The installation of a traffic signal at the intersection of Senseny Road and Channing Drive
shall be included in the first site plan submitted for the B2 area, if a traffic signal has not yet
been installed at said intersection should residential traffic meet signalization warrants. The
developer agrees to enter into a signal agreement with VDOT prior to final site plan approval.
b) The owners shall make a $26,000 cash contribution towards the installation of a traffic signal
at the intersection of Greenwood Road (Route 666) and Senseny Road (Route 667). This
contribution shall be made to the Virginia Department of Transportation upon their request
and upon approval by said department for the installation of this traffic signal. In the event a
traffic signal is installed at said intersection before this contribution is made, the Virginia
Department of Transportation may request the transfer of said contribution towards
signalization at the intersection of Greenwood Road (Route 666) and Valley Mill Road
(Route 669). The developer agrees to enter into a signal agreement with VDOT prior to final
subdivision and/or site plan approval.
6. BRIDGE IMPROVEMENTS
There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The
owners of the subject property shall pay towards feasibility studies, engineering, or construction
of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set
aside for said improvements, and may be considered by the county for matching funds. Said
payments shall be S 100.00 per residential lot, at the time the initial building permit is issued for
said lot. The owner of the subject property shall be required to pay said monies until the
Virginia Department of Transportation awards a contract for a two lane expansion and
construction of these improvements on said bridge.
4. TURN LANES A_ND RIGHT OF WAY DEDICATION
a) Right and left tun lanes shall be constructed on Senseny Road at the intersection with
Changing Drive. Said lanes shall be constructed by the applicant at the time Channin
Drive is connected to Senseny Road.
b) Right and left turn lanes shall be constructed on Channing Drive at the intersection with the
main entrance road into the Lynnehaven subdivision.
0
G'reenwav Lngineering
Channing Drive Rezoning
c) The installation of a total of two tuns lanes at the intersection of Senseny Road and
Greenwood Road shall be included in the first site plan submitted for the B2 area, if two turn
lanes have not yet been installed at said intersection. The necessity of said turn lares. and
their configuration will be subject to later review by the Virginia Department of
Transportation. The owners of the subject property shall install said turn lanes or pay to the
Virginia Department of Transportation up to $15,000 per turn lane towards the installation
of said turn lanes.
d) This paragraph shall apply to parcels 55 -((A)) -206, and 65- ((A)) -39, 39A:
The first site plan submitted for either of these parcels which will result in more than
120,000 sf of commercial area for both parcels collectively shall result in an updated traffic
study to determine if additional offsite improvements are required. Said traffic study_ shall
require approval by the Virginia Department of Transportation.
d. DRAINAGE AND WETLANDS DEVELOPNIENT
Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the
siltation of said lake and settle out man-made impurities. These sediment forebays shall be
constructed in such a way as to encourage their development into a wetland with locally
indigenous vegetation and wildlife.
6. MONETARY CONTRIBUTION
a) Residential in the event rezoning application t45_9 9is approved for rezoning, the owners of
the subject property will pay to the Treasurer of Frederick County. Virginia, 53,273.31 per
residential lot prior to the initial building permit being issued for said lot.
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
These payments are intended to offset the additional cost to Frederick County due to an
increased demand on public services.
b) Commercial In the event rezoning application j5 -99 is approved for rezoning, the owners of
the subject property will pay to the Treasurer of Frederick County, Virginia, $3.245.60 prior
to the initial building permit being issued within the B2 zoned area. This monetary
contribution is intended to offset the additional capital costs to Frederick County for fire and
rescue services.
0
Greenway Engineering Channin Drive Rezanirrq
ARTICLE IV: DRS. GEORGE SHEPPARD & ALLEN FUTRAL
This article shall apply only to those properties currently owned by Drs. George Sheppard & Allen
Futral, property identification numbers 55 -((A)) -209, 211, 213, and 65- ((A)) -40. The subject
property is more particularly described as all of the land owned by Fu -Shop Farm Partnership as
recorded in Deed Book 789 at Page 1022 and further described by a survey by Curtis L. McAllister
dated February 13, 1990.
The conditions proffered are as follows:
1. MAXIMUM DENSITY
The total number of parcels shall be limited so as not to exceed a 22 unit per acre density for the
entire collective area for parcels 55 -((A)) -209, 211, and 213, and a 2.5 unit per acre density for
parcel 65- ((A)) -40.
2. PROHIBITED UNIT TYPES
Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County
Zonin, Ordinance, shall not be permitted.
3. PEDESTRIAN WALKWAYS
Pedestrian walkways shall be provided in the master development plan in addition to required
sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated
easements, and in tandem with the regional stormwater manasement network. Said trails shall also
link to similar trail systems in adjacent housing developments, and shall be six feet wide with a
wood chip or mulched surface. See Exhibit A attached.
4. SOLID WASTE
The owners of the subject property shall pay $100.00 /mo. to Frederick County for the use of the
solid waste facility located on the Greenwood Volunteer Fire Company property and serving the
Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County
encumbers and signs a new lease for the expansion of said facility. or acquires another facility
servin« this ;eneral area, and shall continue for a period of ten years, or the term of said lease,
whichever is less.
5. CHANNING DRIVE
All of Charming Drive from Valley Nlill Road to Senseny Road shall be constructed, open for traffic
and dedicated to Frcderick County before the 475th residential building permit is issued for any of
the parcels listed in Article I of this proffer.
10
Greenwav Engineering Channing Drive Xezoning
6. TRAFFIC SIGNAL
The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the
intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution
shall be made to the Virginia Department of Transportation upon their request and upon approval by
said department for the installation of this traffic signal. In the event a traffic signal is installed at
said intersection before this contribution is made, the Virginia Department of Transportation may
request the transfer of said contribution towards signalization at the intersection of Greenwood
Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal
agreement with VDOT prior to final subdivision and/or site plan approval.
7. BRIDGE IMPROVEMENTS
There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The
owners of the subject property shall pay towards feasibility studies, engineering, or construction of
improvements to this crossing. These monies, paid to Frederick County VA. are to be set aside for
said improvements, and may be considered by the county for matching funds. Said payments shall
be 5100.00 per residential lot at the time the initial building permit is issued for said lot. The
owner of the subject property shall be required to pay said monies until the Virginia Department of
Transportation awards a contract for a two lane expansion and construction of these improvements
on said bridge.
S. DRAINAGE AND WETLANDS DEVELOPMENT
Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of
said lake and to settle out man-made impurities. These sediment forebays shall be constructed in
such a wav as to encourage their development into a wetland with locally indigenous vegetation and
wildlife.
9. MONETARY CONTRIBUTION TO OFFSET IVIPACT OF DEVELOPMENT
In the event rezoning application 715 -99 is approved, and the property is subsequently
developed within an RP zone, the undersigned will pay to the Treasurer of Frederick County
Virginia 54,205.14 per residential lot prior to the initial building permit being issued for said lot.
This per lot monetary contribution provides for:
53.568.94 for Frederick County Public Schools
$591.07 for Frederick County Parks and Recreation
545. l3 for Frederick County Fire and Rescue
This payment is intended to offset the additional cost to Frederick County due to an increased
demand on public services.
Greenwrry Engineering July 2, 1999 canning Drive, Rezoning
ARTICLE V: SIGNATURES
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:
Robert A. Giles, Executor, Giles Farm
Commonwealth of Virginia,
Cit County of �? '- �- To Wit:
The foregoing instrument was acknowledged before me this �� _ day of 1999 by
,
.1 i 4 'I V
Notary Public
My Commiss / Expi / r / es
Commonwealth of Virginia,
i - To Wit:
Ciry /�o_ntyof -
The foregoing instrument was acknowledged before me this day of =� 1999 by
i" Notary Public t
My Commission Expires
i2
0
Greeinan Y 8ngineerm .lteFy Z, 1199
Z—.
Dr. George Shepparj
Commonwealth of Virginia
iannug Drive Rezoning
I
� -- Margie Sheppard
City /County,of �" 4 r �.' G „ l� To Wit:
The Foregoing instrument was acknowledged before me this 41 day of 1999 by
J
Notary Public
My Commission Expires i� �� -� . r "� :Jc c -C
i
Dr. Allen Futral 1
Commonwealth of Virginia,
�I
)3etty Futral
City / - f ; ,� % .� ,r I,z , To Wit:
The foregoing instrument was acknowledged before me this h day of ( i,tr.: , r , 1999 by
My Commission Expires`
Notary Public
Greenway Engineering _ Charming Drive Rezoning
ITavid Madison, Manager, Manning and Ross, LLC
Commonwealth of Virginia,
�i �.
City oC my of t �_ cu�_ +� : r �,r' To Wit:
The foregoing instrument was acknowledged before me this day of L� c 1999 by
Notary Public
My Commission Expires 3 � � k \ _ C Ii -\ '�� , l
Manager, Manning and Ross, LLC
Commonwealth of Virginia,
CitylCou� of L" :A V T 1 i_ .� ;� �, To Wit: c
The foregoing instrument was acknowledged before me this ( day of 1 \` 1999 by
Notary Public
My Commission Expires
l
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