The URL can be used to link to this page

Home My WebLink About04-15 Abram's Chase Age Restrict Red Bud PINs 65-A-27A 65-A-28A - Backfile0 REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List Fee & Sign Deposit Deed Plat/Survey Taxes Paid Statement File opened Reference manual updated/number assigned y 2�l S D-base updated Copy of adjoiner list given to staff member for verification y� I Color location maps ordered from Mapping LI �� I Application Action Summary updated Planning Commission Meeting ACTION: �� c 1 5 Board of Supervisors Meeting ACTION: QaAL L?e C Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers 5 Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated 13 �5 Application Action Summary updated % ) 13 File given to Mapping to update zoning map % 1 I31 I S Zoning map amended 1 a ( 5 Profflers recorded 1 Sys ID 9 NOTES ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT. PAID o� O CHECK Y J3 BALANCE A10NEY DUE ORDER QSI S NO. 583242 BY 5 1c?2001 llm—.(!i) 8L818 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 July 13, 2015 Mr. Evau Wyatt Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #04-15 ABRAM'S CHASE (PROFFER AMENDMENT) PINS: 65-A-27A and 65-A-28A Dear Mr. Wyatt: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 8, 2015. The above -referenced application RZ#04-15 was approved to revise the proffers associated with Rezoning #11-06. This revision related to the residential land use sections of the proffers. The Applicant changed this residential project to an Age -Restricted resident project. The properties are located on the north side of Senseny Road (Route 657); approximately 400' west of the intersection of Charming Drive and Senseny Road in the Red Bud Magisterial District. The proffer statement, originally dated January 11, 2007, with final revision date of April 21, 2015, that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk ol'Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy, AICP Deputy Director MTR/pd Attachnieut cc: Jason E. Ransoni, Supervisor Red Bud District Charles F. Dunlap and Christopher Mohm, Red Bud District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution Harvest Communities, Inc., 320 Handley Boulevard, Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 REZONING APPLICATION #04-15 ABRAM'S CHASE (PROFFER AMENDMENT) Staff Report for the Board of Supervisors Prepared: June 18, 201.5 Staff Contact: Michael T. Ruddy, AICP, Deputy Director Reviewed Action Planning Commission: 05/20/15 Recommended Approval Board of Supervisors: 07/08/15 Pending Minor Proffer Amendment No Public Hearing Required PROPOSAL: To revise proffers associated with Rezoning #11-06. This revision relates to the residential land use sections of the proffers. The Applicant is changing this residential project to an Age -Restricted residential project. LOCATION: The properties are located on the north side of Senseny Road (Route 657); approximately 400' west of the intersection ol'Channing Drive and Senseny Road. PLANNING COMMISSION RECOMMENDATION AND EXECUTIVE SUMMARY FOR THE 07/08/15 BOARD OF SUPERVISORS MEETING: The Planning Commission recommended approval of this rezoning proffer amendment request, an application to modify the proffers associated with Rezoning #11-06. This request to amend the proffer statement to restrict the residential uses to age -restricted residential uses remains consistent with the 2030 Comprehensive Plan. In addition, the modification to the proffer statement to reduce the monetary contribution to offset the impact development is accurate and in the appropriate form. The amounts proffered are consistent with the County's Development Impact Model (DIM). This request is a minor proffer revision, and does not require a public hearing. There are no anticipated issues with changing this residential project to an Age -Restricted residential project. Planning Commission members did not express any concerns with this request. Followink the pl/bllc meefinQ fin- th/s item, a lIeci.yio 1 reQarding this rezoning prof fel' amendment application b>> the Board of'Supervisors would be appropriate. The applicant should be prepared to a(leguatelj, adlh'e.y all concerns raked bl, the Board of Superyi.yory. 0 0 Rezoning 1104-15— Abram's Chase June 18. 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of'Super visors to assist them in making a decision on this application. It may also he useful to others interested in this Zoning matter. Unresolved issues concerning this application are noted by staff'where relevant throughout this staff'r•eport. Reviewed Action PlanniIIg Commission: 05/20/15 Recommended Approval Board of Supervisors: 07/08/15 Pending Minor Proffer Amendment No Public 1-Icaring Required PROPOSAL: To revise proffers associated with Rezoning #11-06. This revision relates to the residential land use sections of the proffers. The Applicant is changing this residential project to an Age -Restricted residential project. LOCATION: The properties are located on the north side o{'Scnseny Road (Route 657); approximately 40W west of the intersection of Channing Drive and Senseny Road. )\MAGISTERIAL DISTRICT: Rcd Bud PROPERTY ID NUMBERS: 65-A-27A, 65-A-28A PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) South: RA (Rural Arcas) East: RP (Residential Performance) West: RA (Rural Areas) REVIEW EVALUATIONS: Fire Marshall: Plans approved. Use: Lynnehaven Subdivision Open Space Use: Agricultural Use: Parkwood Manor Subdivision Use: Residential Rezoning #04-15— Abram's Chase June IS, 2015 Page 3 Frederick County Parks & Recreation: Parks and Recreation will need to see an open space break out to determine if open space requirements are being met. County Attorney: Please see allached e-mail,Ji-om Rod 14"illiams, County Attorney to Ewn? Wyatt dated April 21, 2015. Planning & Zoning: 1) Site History This property was rezoned on January 10, 2007 subject to rezoning RZ # 1 1-06. At this time, the Applicant rezoned 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, to accommodate 13 Single family detached residential Units On small lots. The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcel as being zoned A-2 Agricultural. The COunty's A-1 and A-2 Agricultural Zoning Districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision Of the zoning map resulted In the rc-mapping Of the SUbject property and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. Parcels 65-A-27A and 65-A-28A maintain this RA zoning classification. 2) Compi•eliensive Policy Plan The parcels subject to this proffer amendment are located within the COunty'S Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Senseny/Eastern Frederick Urban Area Plan Map identifies this general area with fUtL11'e residential land uses. Transportation Senseny Road is identified as an improved major collector road and has been addressed accordingly. In addition, Senseny Road is recognized in the Frederick County Bicycle Plan with a short -tern designation for bicycle accommodations. Access to the site would be via a new public street that would be stubbed out at the western property line as indicated on the Generalized Development Plan. A 10' asphalt bicycle/pedestrian trail is also being constructed along the frontage of the property. This rezomng/proffer amendment remains consistent with the 2030 Comprehensive Plan. 3) Proffer Statement Proffer B, Residential Land Use, has been modified with this proffer amendment to add the qualification that the residential dwelling units will be age -restricted. 0 0 Rezoning 1104-15— Abram's Chase June 18, 2015 Page 4 As a result of this change, the Applicant has also modified the Monetary Contribution to offset the Impact of Development accordingly by eliminating the contribution to Schools. Proffer D now states that the Applicant will pay to the rrrCaSL1rer of Frederick County $2,835.00 for each residential lot platted. STAFF CONCLUSIONS FOR THE 05/20/15 PLANNING COMMISSION MEETING: This request to amend the proffer statement to restrict the residential uses to age -restricted residential uses remains consistent with the 2030 Comprehensive Plan. In addition, the modification to the proffer statement to reduce the monetary contrlbUt1011 to offset the impact development is aCCUrate and in the appropriate form. The amounts proffered are consistent with the County's Development Impact Model (DIM). There are no anticipated issues with changing this residential project to an Age -Restricted residential project. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 5/20/15 MEETING: Staff reported this property was rezoned on ,January 10, 2007, at this time the Applicant rezoned 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, to accommodate 13 single family units. Staff noted this revision relates to the residential land use sections of the proffer. The Applicant is changing this residential project to an Age -Restricted residential project with the same number of units. Staff explained with this change the Applicant has modified the monetary contribution to offset the Impact of Development by eliminating the contribution to schools. The proffer now states the Applicant will pay to the Treasurer of Frederick County $2,835 for each residential lot. Representation for the Applicant was available for qucstions fi•onl the Planning Commission. There were no questions at that time. The Public Comment portion Of the meeting was opened; no one came forward to speak. A motion was made, seconded and Unanimously passed to recommend approval of RLZ 404-15 Abram's Chase. Absent: Ambrogi, Thomas, Oates, Crockett Following the public ineeting fol' this item, a decision reganfing this mzonilig pl'offem- amen(Iment anplication b), the Board of Supervisors would be appropriate. The applicant should be prepared to adequately ad(h'L'Ss all Concenis raised by the Board of Supervisors Its tt3 SESAR SESAR GI 107 SESAR CT N. SESAR CT SESAR Ci N% REZ 04-15 OmQEm \v/ o.r OO W ` ..r REZ 04- 15 ® r / ... a c� sa ... v P� ... ...1Sf NSfN r R� Applications Parcels Building Footprints B1 (Business. Neighborhood District) • ` - -_` B2 (Business. General Distrist) RA 83 (Business. Industrial Transition District) .. EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial. Light District) M2 (Industrial. General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) 213A SENSENY RD 2147 SENSENY RD Note: REZ # 04 - 15 Frederick County Dept of Abram's Chase Planning Development N Kent St PINS: Suite 202 65 - A - 27A, 65 - A - 28A Winchester, VA 22601 Proffer Revision 540 - 665 - 5651 Map Created: April 27, 2015 Staff: mruddy n 79 1rn 300 Feet C:.YAfi.1V/ TSAR •T 1'IS I13 " V SAP CT . r ' Chase SESAR CT SESAR CT SE AR Ci, I09 SESA��C r r , T ♦ SESAR C'T - � � � 4. t{ ion Y 2117 SENSENY VJ ►ARK WOOD 65 A 27A - CIR PARK WOOD • CIR ' -� 2159 SENSENY RD •�' � � � ►ARKWOOD REZ 04- 1 5 - r . as *SENSL,lyyR ✓, r Se i • �� ,i 16 49- RD ! F, , Rui rtinn FnOtnrints Note: REZ # 04 - 15 Frederick County Dept of Abram's Chase Planning Developmente 107 N Kent St PINS: Suite 202 65 - A - 27A. 65 - A - 28A Winchester, VA 22601 Proffer Revision 540 - 665 - 5651 Map Created: April 27, 2015 Staff: mruddy 19 ,rn vnn F—t 0 0 AMENDMENT Action: PLANNING COMMISSION: May 20, 2015 - Recommended Approval BOARD OF SUPERVISORS: July 8, 2015 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING REZONING #04-15 OF ABRAM'S CHASE (PROFFER AMENDMENT) WHEREAS, Rezoning 804-15, Ab►-am's Chase (Proffer Amendment), submitted by Greenway Engineering, Inc., to revise proffers associated with Rezoning # 1 1-06 requesting to amend the proffer statement to restrict the residential uses to age -restricted residential uses. In addition, the modification to the proffer statement to reduce the monetary contribution to offset the impact of the development is accurate and reflects the change to age -restricted residential uses; and WHEREAS, the Planning Commission held a public meeting on this rezoning on May 20, 2015 and recommended approval; and WHEREAS, the Board of' Supervisors held a public meeting on this rezoning on July 8, 2015; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning proffer amendment 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 the proffers associated with Rezoning # 1 1-06 have been amended to restrict the residential uses to age - restricted residential uses and to modify the monetary contribution to reflect this change. PDRes 431-15 0 0 -2- This ordinance shall be in effect on the date of adoption. Passed this 8th day of July, 2015 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. I -less Gene E. Fisher Jason E. Ransom PDRes 431-15 Robert W. Wells Charles S. Del-Iaven, Jr. A COPY ATTEST Brenda G. Garton Frederick County Administrator Greenway L•nginecring 40 a January 11, 2007 Abram's Chase Age -Restricted Rezoning Revised March 17, 2015 Revised April 21, 2015 ABRAM'S CHASE PROFFER STATEMENT REZONING: RZ# 4 -06 - Conditional Zoning Amendment RP, Residential Performance District with Proffers to RP, Residential Performance District with Revised Proffers PROPERTIES: 3.25±-acres Tax Parcels 65-((A))-27A & 65-((A))-28A RECORD OWNERS: Harvest C0n1n111nitieS, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Age -Restricted Subdivision ORIGINAL DATE OF PROFFERS: January 11, 2007 REVISION DATE: March 17, 2015 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code") and the provisions of' the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Harvest C0111111UI11tieS, Inc., (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve concitional -zoning amendments pertaining to Rezoning Application #11-06 for the 3.25±-acres (the "Property") from the RP, Residential Performance District with approved proffers to RP, Residential Performance District with revised proffers, development of the Subject property shall be clone in conformity with the terms and conditions set forth herein, except to the extent that such terms and concitions 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 these applicant and their legal Successors, heirs, or assigns. The term "Applicant" herein shall also include within its meaning the owner of the properties that are subject to these proffers and such owner's legal successors, heirs, and assigns. The subject Property, identified as the Abram's Chase Sllbdivisioll, and more partiCUlarly described as the lands owned by Harvest C0111111U11itiCS, Inc., being all of Tax Map Parcels 65-((A))-27A and 65-((A))-28A, recorded as Instrument Number 050028946, and File ti4545A/13AW 0 a Greenway Engineering January 11, 2007 Ahram's Chase Age -Restricted Rezoning Revised March 17, 2015 Revised April 21, 2015 further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove & Associates, recorded as Deed Book 910, Page 381. A. Generalized Development Plan Tile AppllcaIlt hereby proffers to develop the PI.Opel'ty ill SUbstantlal conformity with the attached Generalized Development Plan ("GDP") dated March 17, 2015 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10-foot bicycle/pedestrian facility, the internal road system with inter -parcel connectivity, the general location of residential lots and the open space/buffer areas. B. Residential Land Use The Applicant hereby proffers to develop a IllaXlllll1111 of' 13 single-family small lot detached residential dwelllllg UllitS that will be age -restricted. C. Transportation Enhancements 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for Intel' -parcel connectivity to Tax Map Parcel 65-((A))-2513. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12-feet in width and is located along the Property frontage within the public right-of-way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right-of-way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right-of-way Sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right-of-way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the age -restricted residential lots and internal public street system serving the Property. File 44545A/I?Aw M 40 Greenway Engineering 0 January 11, 2007 Abram's Chase Age -Restricted Retuning Revised March 17, 2015 Revised April 21, 2015 5. The Applicant hereby proffers to conStRICt a 10400t asphalt bicycle/pedestrian facility along the frontage of the Property. This improvement Shall be bonded and constructed concurrently with the internal public street serving the Property. 6, The Applicant hereby proffers to provide for a curb Cut along the internal public street serving the Property to allow for ingress/egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress/egress easement for the benefit of Tax Map Parcel 65-((A))-26A that shall be incorporated into the final plat and deed for the Abram's Chase Age -Restricted Subdivision. Additionally, an easement shall be provided at this general location f7or the benefit of Tax Map Parcel 65-((A))-26A to allow foi' public water and sewer connections to the Abram's Chase Age -Restricted Subdivision public water and sewer lines at the expense of others. 7. The Applicant hereby proffers to provide a monetary contribution of $1,000.00 for each age -restricted residential lot to be used towards future improvements to the Senseny Road corridor. This monetary contribution will be paid to Frederick County at the time of "Bill^^ PeFffli' iSSHaIlG fvr issuance of the occupancy permit associated Nvith each age -restricted residential lot and may be used by Frederick County as local matching funds for Clualifying transportation projects at the discretion of' the County. D. Monetary Contribution to Offset Impact of Develop>inent The Applicant will pay to the Treasurer of Frederick County, Virginia$?$36r90 $2,835.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of issuance of the occupancy permit associated with each age -restricted residential lot and is to be distributed in the amounts as follows: Fire and Rescue $ 554.00 General Government $ 43.00 Library $ 496.00 Parks and Recreation $ 1,742.00 File 1J4545A/HAW 3 to cireenway Engineering E. Signature of January 11, 2007 Abram's Chase Ago -Restricted Rezoning Revised March 17, 2015 Revised April 21, 2015 The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: Stuart BLItIC1', PI'Cs1CICllt Date Harvest Communities, Inc. Com monweal th of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this clay of 20 by Notary Public My Commission Expires File 114545A/I:AW 4 Evan Wyatt From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, April 21, 2015 10:49 AM To: Evan Wyatt Cc: Mike Ruddy; John Bishop Subject: Abram's Chase Dear Evan: I have now had the opportunity to review the proposed revised proffer statement, dated March 17, 2015 (the "Proffer Statement"), for the rezoning of Abram's Chase from the RP zoning district, with proffers, to the RP zoning district, with revised proffers. The subject property encompasses 3.25t acres, constituting tax parcel numbers 65-A-27A and 65-A-28A, in the Redbud Magisterial District. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • The rezoning number should be updated to reflect whatever new number that Planning staff assigns. • Reflective of an updated practice since the 2007 approval of the original proffer statement, the Proffer Statement needs to be sure to state that it binds the owner and successors and not just the "Applicant" and successors. To avoid the need for extensive changes throughout the Proffer Statement, I would simply suggest the inclusion of a sentence at the end of the first introductory paragraph, along these lines: 'The term "Applicant" herein shall also include within its meaning the owner of the properties that are subject to these proffers and such owner's legal successors, heirs, and assigns." • The timing of the per unit cash proffer for transportation, in Proffer C7, can be changed to the time of issuance of occupancy permit, so as to comply fully with the provisions of Va. Code § 15.2-2303.1:1. • The total amount of the per unit cash proffer referenced in the first line of Proffer D should be $2,835.00. This is the total of the listed components, which is one dollar less than the stated amount. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that that review will be done by staff and the Planning Commission. Sincerely, Rod Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 i Evan Wyatt From: Mike Ruddy <mruddy@fcva.us> Sent: Wednesday, April 08, 2015 10:03 AM To: Evan Wyatt Cc: Rod Williams; John Bishop Subject: Abrams Chase Conditional Zoning Amendment Good Morning Evan. Planning Staff has no additional comments at this time regarding the proposed Conditional Zoning Amendment for the Abram's Chase project. The Proffer Statement, revision dated March 17, 2015, appears to accurately reflect the changes discussed and the proffered monetary contribution to offset the impact of the development is consistent with the current Development Impact Model projections, minus the school construction component. We look forward to assisting you with the submittal of this application. Sincerely, Mike. Michael T. Ruddy, AICP Deputy Director, Frederick County Department of Planning & Development 107 N. Kent Street Winchester, VA 22601 (540)665-5651 mruddv@fcva.us www.fcva.us/planning REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be comj)leted by Planning StafJ: Pee Ai710Ul1t Paid $ UoU.� Zoning Amendment Number 0Date Received f-{ �-3M PC Hearing Date 5 `�.� \ 5 BOS Hearing Date C0 I U I`i The following iglbrination shall be provicled 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. Applicant: Nalne: Greenway Engineering, Inc. Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: Harvest Communities, Inc. Address: 320 Handley Boulevard Winchester, VA 22601 3. Contact person if other than above: Name: Evan Wyatt Telephone: 540-662-4185 Telephone: 540-533-2806 Telephone: 540-662-4185 4. Property Information: a. Property Identification Nuniber(s): 65-A-27A & 65-A-28A b. Total acreage to be rezoned: N/A - Conditional Zoning Amendment C. Total acreage of the parcels) to be rezoned (if the entirety of the parcel(s) is not being rezoned): N/A - Conditional Zoning Amendment d. Cul-rent zoning designation(s) and acrcage(s) in each designation: RP District 3.25+/- acres with approved proffers e. Proposed zoning designation(s) and acreages) in each designation: 3.25+/- acres with modified proffers f. Magisterial District(s): Red Bud District 12 RP District E 0 5. Checklist: Check the following items that have been included with this application. Location map _�_✓ Agency Comments ✓_�_ Plat _I _ Pees _� ✓ �_ Dced to property _! ✓ I_ Impact Analysis Statement j _ Verification of taxes paid _i ✓ _ Proffer Statement _I ✓ 1_ Plat depicting exact meets and bounds for the proposed Zoning district _I Digital copies (pelf's) of all submitted documents, maps and exhibits _1 6. 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: Harvest Communities, Inc. Stuart Butler, President 7. Adjoining Property: PARCEL ID NUMBER USE ZONING N/A - Conditional Zoning Amendment 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The Abram's Chase Subdivision property is located on the north side of Senseny Road (Route 657); approximately 400' west of the intersection of Channing Drive and Senseny Road. 13 0 0 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 13 Townhome: Non -Residential Lots: Mobile Home: Office: Retail: Restaurant: Commercial: 10. Signature: Multi -Family: Hotel Rooms: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Other: 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 fi•ont property line at least seven clays 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-ot'-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): �ll �` \ Date: Date: Owner(s): _c—` C I 1i Date: ` V � Date: 14 0 0, Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.vams Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (N8111C) Harvest Communities, Inc. (P11011C) (540) 533-2806 (Act(II'CSS) 320 Handley Boulevard Winchester, VA 22601 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. 050028946 oil Page 263 Parcel' 27A28A Lot: Block A SCCt1017: 65 do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. . and is described as SUbdivisioil: (P11011C) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as Illy true and lawful attorney -in -fact for and in Illy (our) name, place and stead with frill power and authority I (we) would have if acting personally to file planning applications for Illy (our) above described Property, including: X Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) X Subdivision —Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make arilendnlents to previously approved proffered conditions except as follows: This authorization shall exlj rear from the clay it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) -hale he�cto se1)p(ow') hand and seal this day of ArC-iL , 20 IS , Signature(s) State of Virginia, City/County of R-e t, et't C ( , To -wit: 11 1 % , a Notary Public in and for the jurisdiction aforesaid, 3. certify that the person(S) who slg`1C ll "fOr, rp It II1Stl'lllllellt personally appeared before me andhas the same before tile iiithc'juy)g�c1ic51i elf 'esaid this ?3 clay of �)o_ L, 20 16 1 My Comm. Expires '. ` 4otaiy Sepl1n71,30.2015 . � My Co11 mission Expires: JCDp+ 3()t 2DI1S 1a-7i35d2-tiblic � AUB L\ , Development Impact Model On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The Board of Supervisors authorized use of the annual model update on June 25, 2014. The DIM projects that, on average, residential development has a negative fiscal impact on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after July 1, 2014 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit = $ 19,583 Town Home Dwelling Unit = $ 13,437 Apartment Dwelling Unit = $ 12,697 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. Capital facility Single Family Town home Apartment Fire And Rescue $554 $412 $418 General Government $43 $33 $33 Public Safety $0 $0 $0 Library $496 $379 $379 Parks and Recreation $1,742 $1,332 $1,332 School Construction $16,747 $11,281 $10,535 Total $19,583 $13,437 $12,697 The projected capital expenditures depicted above do not include a credit for future real estate taxes. A "read-only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available. 06/25/2014 • AMENDMENT Action: PLANNING COMMISSION: December 20, 2006 - Recommended Approval BOARD OF SUPERVISORS: January 10, 2007 APPROVED 0 DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 11-06 OF ABRAM'S CHASE WHEREAS, Rezoning 411-06 ol'Ahram's Chase, submitted by Greemvay Engineering; to rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 13 single family homes on small lots, was considered. The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision in the Red Bud Magisterial District, and is identified by Property Identification Numbers 65-A-27A and 65-A-28A. WHEREAS, the Pluming Commission held a public hearing on this rezoning on September 20, 2006, and recommended approval at a public meeting on December 20, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 10, 2007; 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 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers; for 13 single family homes on small lots, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property o\Nlncr. PDRes "01-07 • This ordinance shall be in effect on the date of adoption. Passed this l Oth day of January, 2007 by the following recorded vote: Richard C. Shickle, Chairman Nay Barbara 13. Van Osten A, Le Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. Del-Iaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST PDRes , O 1-07 0 Grecnway Engineering March I, 2006 Abrm's Chase Rezoning Revised August 21, 2006 Rcviscd November 6, 2006 Revised December 21, 2006 Revised January d I, 2007 ABRAM'S CHASE PROFFER STATEMENT REZONING: RZ## 11-06 RA, Rural Areas District to RP, Residential Performance District PROPERTIES: 3.25-±--acres Tax Parcels 65-((A))-27A & 65-((A))-28A RECORD O'\VNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision ORIGINAL DATE OF PROFFERS: March 1, 2006 REVISION DATE: January 11, 2007 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Harvest Communities, Inc., (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application ##11-06 for the rezoning of 3.25±- acres (the "Property") from the RA, Rural Area District to RP, Residential Perfonnance 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. hi 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 these applicant and their legal successors, hens, or assigns. The subject Property, identified as the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65-((A))-27A and 65-((A))-28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove & Associates, recorded as Deed Book 910, Page 381. File F4545WEAw • Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Revised January 11, 2007 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10-foot bicycle/pedestrian facility, the internal road system with inter -parcel connectivity, the general location of residential lots and the open spacelbuffer areas. B. Residential Land Use The Applicant hereby proffers to develop a maximum of 13 single-family small lot detached residential dwelling units. C. Transportation Enhancements 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter -parcel connectivity to Tax Map Parcel 65-((A))-25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12-feet in width and is located along the Property frontage within the public right-of-way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right-of-way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right-of-way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #4545H/EAW 2 0 Grcemvay Engineering Much 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Revised January 11, 2007 Almun's Chase Rezoning 5. The Applicant hereby proffers to construct a 10-foot asphalt bicycle/pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently Nvith the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress/egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress/egress easement for the benefit of Tax Map Parcel 65-((A))-26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. Additionally, an easement shall be provided at this general location for the benefit of Tax Map Parcel 65- ((A))-26A to allow for public water and seNver connections to the Abram's Chase public water and sewer lines at the expense of' others. 7. The Applicant hereby proffers to provide a monetary contribution of $1,000.00 for each residential lot to be used towards future improvements to the Senseny Road corridor. This monetary contribution will be paid to Frederick County at the time of building permit issuance for each residential lot. D. Aonetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick Count), Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building pen -nit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue $ 720.00 General Govermnent $ 320.00 Public Safety $ 658.00 Library $ 267.00 Parks and Recreation $ 2,136.00 School Construction $19,189.00 File;.4s4. 0 0 Grcenway Engineering E. SignatnI e March 1, 2006 Revised August 21, 2006 Revisal November 6, 2006 Revised December 21, 2006 Revisal January 11. 2007 Abrim's Chase Rezoning The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: C � By: Stuart Butler, President. Harvest Communities, Inc. Commonwealth of Virginia, Cit r/County f Free -le -rid-- To Wit: The foregoing instrument was acknowledged before me this 12kl'l day of JQgc ie- 20 0 7 by s�var-1 �j U fi-er P Ire 1�1e.r1 i 0""' x° -/-R" 1 �l Notary Public My Commission Expires Znr wAg File t145451-vEAW 4 z W W z C3 z 00 q O e0 W '§ e a HE its �_UFFE0. �J 9CI pR4 1 R!w puBLIC ..�`QPEH SV7•�E��.� z J C a z a � W � u m71 aw ?ARKWooB CIIiGLE w 5 a La LEGENDui _ 8 V O IQ LOT AREA N N_ J G OPEN SPACE / BUFFER ¢ InW ® PUBLIC R.O.W. AREA a ■ 10' BICYCLE / PEDESTRIAN FACILITY ® 50' ROAD EFFICIENCY BUFFER OmICMm OY. Yfl ® INGRESS / EGRESS EASEMENT AREA w .� sir i a i Ir IN f 56 LLI y o W C7 4,# GREEN PARK DR Roc fRY . q� f � . � r � "'; {• A. \ ` "fir 1% _I MIR J - �. +►- 793 Qj Legend Abrams Chase Parcel- Parcel Boundary � , '. �� " ,•'�' �r �r0 `,'tom � • ''� Z . ,}.•. 1, ,` . �\'R i.. \�\/I�/O ..Ui v � Z a' * Cn O ,Y7 CO Q Z .4r O It 0 • Cn r EEN�y00p AV - 4 857 ' ��= Z v Q LIJ o 12� Z 0 SfNSENyR 1 �" z o o 6� U Z Z w Z (/) Z 0 0 w / • • "' i• m Q :�i U O ! Q Z J a LL C Q =) w C ' vp Feet 812 :. CO0 q• o !. ■ �� C.) z wfro 300 0 300 1 0 .o " . oNAP - * ~ ' • )ala Source Frederick County, Va GIS Department, 2015 Data, Aerial Photos from 2010 03 Iz LOT VNE A9X5TMEN7' PARM 26 BOW TH6 PRO°ERTY OF RICHARD A. RHODES DEED BOOK 799 PA0Z 1311 S7OVEWAy Df mcr FREDMO( CWtiry,, NRWA AND PMMS 27 t 2e BE w DIE PRalyNFY a` DOU GLAS H. & NINA M. CLARK DEED BDOK 2M PAGE 471 STq rmu D15mr FREL1EJdW COtIMl ,, ARGM MOMS. 1) THE nwpa?Ty �AND NrA v mis SAND !S ZONED ON TAX ASSE59WENT MAP A 2 1J LY/RRENT OMAe?S` qoua-ADEED BBOSO'Ni'� 236 PAGE 471( ARMS 27 A 28) Rl"RD A. RHWES DEED BOW 799 PAGE 1311 (FARM 26) _ ,1F'PROV�D SG6f57QV ADAla17STRATLi4 DATE PAGE 1 OF f Jim PUT HAs em+ PI1�Mm_Mf1FiaJT ? aF A nn[ aavaaT OATS MAY 14 1993 Sl?Ai.E. 1' - BO' ENGINEERS PLANNERS t�. x ec SURVEYORS ,a -=Es - 3078 SHAWHEE DRIVE P.O. BOX 2033 VANCI ESTER. MR(MIA 22601 (640)667-1103 EDWARD W. DOVE CERT. (INO. M Afv1L �t`�64 a M 1011G0382 OWNER'S ca nwr 7MNS PLAr of 7W L o r UVE ADd1Swvr 847K-M PARCEL x 27 & 24 is Aux NN7H PE fuLL DEsw ANo caVSL7Vr of, 7w uwaw VED owam 4JAA- 401d ,C—dMc1r c—aYc� c ►a "fQx i - G�14%v SANDRA LODE � u'�t tr�(�, �I. i/� DATE invo= A 6 ) RIMARD A. R110DES DATE• STATE OFT ryicK aauvrY a� 7a-MT. 4 Ta. 3. b l%n e r- A MOTARY PfIDIUC !V AAD Rao 7NE OOCWrY AND STA7P AFC1 MS44 00�. Y. T" �110rCt - �F.1�"� llF• lWV MUMS ARE' SIGNED to 7W Fa�ET=W W-VO A �Ci9� p 4 A AW Ai14S"a Y Am-E4 fD ag-O E M& AV MY COUNTY AFORES4C4 AND A0001" END flE SAfE 1 G� IARS c_ DA Y Ol- .... , R d 31 aDoa w col waWDmy.( a.Q . .,`°�«�'.� � r d• STATE Or COtAV7Y o 1C3-MfT. mm A NOTARY PUBM AV AND Rao 7W C"TY AND STATE MnMEVA DO AERW Cm?" 7m r MMM MA/ES ARLI STAVED 7a 7NE FORM" W 7M DATED IMWA°ERSLWACLYAApfifm sora4£M& 6V MY Cowry AFORES 14 AND AOKM W- EEDCED BE SUE &K V lSDO? MY MAMD 7MS DAY CM I to NOTARY A'L RW MY 00AM57TAV Dream M�isRAT pETi71 M$ MIETA: MMr TrM MWff OF A WU RETORTI OA7E A7AY 14 1998 STALE} 1, - BD' ' Q DOA NOT MLY �k'aTC AU. E]IOJMNI Ofl lw PrAm . &#WV PLANNERS & ,A!39(Dc7 ii W SURVEYORS 3078 SHAWNEE DRIVE MRGMNIA 22601 03 EDWARD W. DOVE CERT. NO. 54-17/-3(A 9E4 a,_ G! L 0 f {. ..c [-t t to `1 r• r7r1 r: �-�� i [P.r POST .,.,. . FOtM ATvmrY LAvr - HV"Y YACATW ZYCEZ PARCEL 27A m I 28A " Oi-, I!AY ' Ir. 7Z989 S,- Ata?ES • 64313 SF. :�+`:t^.� f,:t 1.57 ACRES J. tiB y x {� srnro (j•I w „I .7Q 99' RS X-X rn lxo• f7G1,fEMMY S'7 r taw sir J) :.. •: • •�'� r• i �i-Y a ir7 4 [P.r BMDWW t 17 -�, `' �� 11 SlC1tY �• � 7 r. I � r 1 .r zt t Y ACA � 1fD IVS42�E� N 37.63' II 6549' � RS ��i��46B� W (� [P/ Pi��rL....... ? �� Z�, kxxtivr Di PARCELS 26A 1 v ��'� Y R rmr mAY is lose r�p 06 ` m is rn cfmwy av I M" AN ACCWA r£ SM WY Cr 7NE' FRM SE5 a14 Ata?fS �pj/ rurmwr.0 IPA ShGMN tlfllfYNi AAV 7NAr ViMf ARE M7 IASE MENrS a7 ENL144AaNIt7Yr5 WSWE av ?w N Lamm oval? WAN 7lra SIMMN ttEREW AIFf'A Ti46rXA INGW PARCa ZB - a 14 AaWS / PARCEI 26A - a 14 ACWS tp7Er 1. TAX AS215SLUff MAP Na 65-A-27 ! 20 PARCEL 27 - 1.W ACRES / PARCM 27A - 1.68 ;R 5 2 a-*mr wsTNt4wmr AV atAW CIS• nrW IS PARCEL 28 - 1.57 ACUS / PARCEL 28A - 1.57 ACRES OEM NOW 2M PACE 471 dJ8 ACRES .xJo AAW3 PAGIF J Ol ' 4 Rc T CU rF• MAY 1$ 19YB SaAL.f 1 • a W, AM OM NOT MOCCMAKY ►WMA E AL V0M =LQKES oM PROW owim CLAW PuaaMSM LOW � wa 4 9d/e7 'TH 0 &qWvrdENGINEERS I &jk�� 3M S V# NM DRIVE P.O. BOX 2033 W oJESM. VIRGHLA 22601 (340)667-1103 EOWARD W. OPYE CERT. N0, 54-1/7-l3(,,A)) 904 o � Z .r Y 21' u• BARN DETAIL Sa4LE 1' - 20' 11 51C14Y k� �04� (POSTED) HOUSE DETAIL SME: 1' m 20' FIX ! 0FG0384 DETAIL OF PARCEL 26A sCALE 1' - 2o' MAW uM4 A4/E>ti'W.1Y (raoaarr) BUILDING DETAIL SCALD 1' - 20' ow PAGE 4 OF 4 uo Dm rwr KEN r E a a MI ETHE NOAM nccsr om c mmmTr DAZE MAY 14 199!! 5C.4L 1' •• BO' ln� pyM Gy,1W PYGPGIASE74 LOSE w.Q / 991di op 4�T-H lENGtNEERS Mwv Ed PLANNERS do RERSOWES SURVEYORS 3o7a SKOMEE DRME P.O. 90X 2033 WMCHM R, MR0R11A 22601 (5Q)6E7-1103 ' EDWARD W. DOVE CERT. NO. 54-17— (A) 984 Aw �OL Iq�� Mike Ruddy From: Evan Wyatt <ewyatt@greenwayeng.corn> Sent: Wednesday, June 03, 2015 4:01 PM To: Mike Ruddy Cc: Stuart Butler Subject: FW: Abram's Chase Conditional Zoning Amendment Hi Mike, Thanks for scheduling the conditional zoning amendment for June 10"' in the event we planned to go. However, based on Stuart's response below I would ask that you ask the Board for a continuance of this matter until July 8"' based on the property owner's request. I will plan to attend the June 10"' meeting in the event they do not want to continue the request so the application is represented. Thank you, Evan From: Stuart Butler[mailto:sbutler.harvest@verizon.net] Sent: Wednesday, June 03, 2015 2:15 PM To: Evan Wyatt Subject: RE: Abram's Chase Conditional Zoning Amendment Eva n- I would like to wait for the July 8"' hearing date. Stuart From: Evan Wyatt[rnailto:ewyatt@Breenwayeng.com] Sent: Sunday, May 31, 2015 9:49 AM To: Stuart Butler Cc: Jeremy Tweedie Subject: FW: Abram's Chase Conditional Zoning Amendment Hi Stuart, I went to Mike Ruddy's office Thursday afternoon to discuss his interpretation regarding the requirement for a Master Development Plan identified in the message below. I told Mike that the code appeared to allow for a waiver since we would be able to capture everything on the Subdivision Design Plan. Mike advised that the intent of this was to allow for waivers for small residential projects that require a Site Plan (i.e. Apartments); however, he agreed to meet with Eric Lawrence to discuss this. Mike left me a voice mail on Friday afternoon advising that they were not able to grant a waiver for the MDP and that this would be required in advance of the Subdivision Design Plan. The MDP is technically approved by staff; however, it has to be presented to the Planning Commission and the Board of Supervisors as information and for consideration of the community center waiver. With this in mind, please let me know if you want me to take the conditional zoning amendment to the June 10t" Board meeting so we can keep the project moving forward. Mike advised that the Board has cancelled their second meetings each month throughout the summer; therefore, if we don't go on June 10"' then we will have to wait until July 8"'. I will be in the office tomorrow morning if you want to call me to discuss this further. Thank you, Evan From: Mike Ruddy [mailto:mruddy@fcva.us] Sent: Thursday, May 28, 2015 9:19 AM To: Evan Wyatt Subject: RE: Abram's Chase Conditional Zoning Amendment Hi Evan. Following up with you on this email. I was out of the office for a few days on an extended weekend so sorry for the delay in responding. The Board has cancelled each of their second meetings of the month for the summer so there will not be a meeting on June 24. Let me know if you want to still change from the June 10 meeting. I believe this project would not qualify for a waiver to the MDP looking at the Ordinance given the number of lots and housing type. Also, the rec unit calculation would be based on an additional 3 rec units for each 30 dwelling units, prorated, so the value would be higher. The waiver request would be done along with the MDP. The SDP would then be administrative. This is basically the same as was done for Westbury Commons. I'm around the office for the next couple of days if you would like to discuss further. Thanks. Mike. From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Thursday, May 21, 2015 9:05 AM To: Mike Ruddy Cc: Stuart Butler Subject: Abram's Chase Conditional Zoning Amendment Hi Mike, Thank you for your assistance last evening. Stuart advised me that he will be out of town the week of June 8th; therefore, he would like for the CZA request to go to the June 24th Board meeting instead of the June loth meeting. Additionally, Stuart has engaged Greenway to begin the Subdivision Design Plan process as the scale of this project will be done without a MDP. We will be seeking a waiver to the community center requirement for the 13 lot subdivision for obvious reasons. Parks and Rec currently values a recreational unit at $32,500; therefore, Stuart will be required to provide a recreational amenity in the $14,000 range. Is it possible to present a concept plan for this approach to the Board the same evening as the CZA? It would be good to determine this in advance of the formal SDP design so engineering can have direction going into that process. Please let me know what you think and we'll go from there. Thank you, Evan Evan A. Wyatt, AICP I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Phone: 540.974.2701 Fax: 540.722.9528 Web: www.GreenwayEng.com Email: ewyatt@greenwayeng.com 0 0 GREENINAY ENGINEERING Disclaimer: This e-mail may contain corihdentii.l and privdc['eci milt( n..l for IhI. solr use of the intr ndod I(,( pwnl(s). AI)y revn a, usa, dI�tIil:ution of disclosure by others r, stnrtly prohibited. If you have received tills Coil) nuIli( aloll in enoi, pleaso notiiy the Bonder immediately by email r.ud delote the mesap(- and any file atta<hIli ( sits hom your computer. Ihank you. 0 • REZONING APPLICATION 1404-15 ABRAM'S CHASE (PROFFER AMENDMENT) Staff Report for the Planning Commission Prepared: May 8, 2015 Staff Contact: Michael T. Ruddy, AICP, Deputy Director Reviewed Action Planning Commission: 05/20/15 Pending Board of Supervisors: 06/10/15 Pending PROPOSAL: To revise proffers associated with Rezoning #11-06. This revision relates to the residential land use sections of the proffers. The Applicant is changing this residential project to an Age -Restricted residential project. LOCATION: The properties are located on the north side of Senseny Road (Route 657); approximately 400' west of the intersection of Channing Drive and Senseny Road. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/20/15 PLANNING COMMISSION MEETING: This request to amend the proffer statement to restrict the residential uses to age -restricted residential uses remains consistent with the 2030 Comprehensive Plan. In addition, the modification to the proffer statement to reduce the monetaiy contribution to offset the Impact Clevclopmcnt is aCCUrate and In the appropriate form. The amounts proffered are consistent with the County's Development Impact Model (DIM). There are no anticipated issues with changing this residential project to an Age -Restricted residential project. A recommendation regan ing this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all conceives raised by the Planning- Commission. Rezoning 1104-15— Abram's Chase May 8, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supei'visoi:4 to assist theist in slaking a llecisioin on this application. It may also be useful to others interested is this Zoning matter% unresolved issiles concerning this application am noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 05/20/15 Pending Board of Supervisors: 06/10/15 Pending PROPOSAL: To revise proffers associated with Rezoning I l 1-06. This revision relates to the residential land use sections of the proffers. The Applicant is clianging this residential project to an Age -Restricted residential project. LOCATION: The properties are located on the north side of Scnseny Road (Route 657); approximately 400' west of the intersection of Channing Drive and Senseny Road. MAGISTERIAL DISTRICT: Red Bud PROPERTY Ill NUMBERS: 65-A-27A, 65-A-28A PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Lynnehaven Subdivision Open Space South: RA (Rural Areas) Use: Agricultural Cast: RP (Residential Pci-formance) Use: Parkwood Manor Subdivision West: RA (Rural Areas) Use: Residential 0 • Rezoning #opt-15— Abram's Chase May 8, 2015 Page 3 REVIEW EVALUATIONS: rile Marshall: Plans approved. Frederick Count' Fire and Rescue: Plans approved. Frederick Count}, Parks & Recreation: Parks and Recreation will need to see an open space break out to determine if open space requirements are being met. Count, Attornev: Please see allached e-mailfi-om Rod 14"illiams, County Allorne}) to Ewen ffhycrll claled April 21, 2015. Planning & Zoning: 1) Site History This property was rezoned on January 10, 2007 subjcct to rezoning RZ 1111-06. At this time, the Applicant rezoned 325 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, to accommodate 13 single family detached residential units on small lots. The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcel as being zoned A-2 Agricultural. The Collnty's A-1 and A-2 Agricultural Zoning Districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision Of the zoning map resulted in the re -mapping of the subjcct property and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. Parcels 65-A-27A and 65-A-28A maintain this RA Z0111n0> classification. 2) Comprehensive Policy Plan The parcels subject to this proffer amendment are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. I11 addition, the Senseny/I71astern Frederick Urban Area Plan Map identifies this general area with future residential land uses. Ti•ansporlalion Senseny Road is identified as an improved major collector road and has been addressed accordingly. In addition, Senseny Road is recognized in the Frederick County Bicycle Plan with a short-term designation for bicycle accommodations. Access to the site would be via a new public street that would be stubbed out at the western property line as indicated on the Generalized Development Plan. A 10' asphalt bicycle/pedestrian trail is also being constructed along the frontage of the property. This rezoning/proffer amendment remains consistent with the 2030 Comprehensive Plan. 6 • Rezoning 1104-15— Abram's Chase May 8, 2015 Page 4 3) Pi•offei• Statement Proffer B, Residential Land Use, has been modified with this proffer amendment to add the qualification that the residential dwelling units will be age -restricted. As a result of this change, the Applicant has also modified the Monetary Contribution to offset the Impact of Development accordingly by eliminating the contribution to Schools. Proffer D now states that the Applicant will pay to the Treasurer of Frederick County $2,835.00 for each residential lot platted. STAFF CONCLUSIONS FOR THE 05/20/15 PLANNING COMMISSION MEETING: This request to amend the proffer statement to restrict the residential uses to age -restricted residential uses remains consistent with the 2030 Comprehensive Plan. hl addition, the modification to the proffer statement to reduce the monetary contrlbUtioll to Offset the impact development Is accurate and in the appropriate form. The all1011lltS proffered are consistent with the COU11ty's Development Impact Model (DIM). There are no anticipated issues with changing this residential project to an Agc-Restricted residential project. A i-ecoi11i11Lnd(ition i—egai-din this i-ezoning application to the BoaiY1 of Supei'Vi.yor.S 1Voulil be anivom-iate. The applicaiit Shoiilll be pi-epai-eil to illlBitliatell7 allili'8SS all coilceiYlS Pai.yed Gy the Plaililiil;; Commission. CD CO�� _.. AMENDMENT Action: PLANNING COMMISSION: May 20, 2015 - Recommended Approval BOARD OF SUPERVISORS: July 8, 2015 ® APPROVED ❑ DENIED AN ORDINANCE AMENDING REZONING #04-15 OF ABRAM'S CHASE (PROFFER AMENDMENT) WHEREAS, Rezoning #04-15, Ab1'am's Chase (Ili-offcl' Amendment), submitted by Greenway Engineering, Inc., to revise proffers associated with Rezoning #11-06 requesting to amend the proffer statement to restrict the residential uses to age -restricted residential uses. In addition, tine modification to the proffer statement to reduce the monetary contribution to offset the impact of the development is accurate and reflects the change to age -restricted residential uses; and WHEREAS, the Planning Commission held a public meeting on this rezoning on May 20, 2015 and recommended approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on July 8, 2015; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning proffer amendment 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 the proffers associated with Rezoning # 11-06 have been amended to restrict the residential uses to age - restricted residential uses and to modify the monetary contribution to reflect this change. PDRes #31-15 • • -2- This ordinance shall be in effect on the date of adoption. Passed this 8th day of July, 2015 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Robert A. Hess Aye Robert W. Wells Aye Gene E. Fisher Aye Charles S. DeI-Iaven, Jr. Aye Jason E. Ransorn Aye A COPY ATTEST 44 4 , " �Zlh-A 4; ; � - renda G. Garton Frederick County Administrator viw3INIA: FR 37DERICK COUNTY.SC-1. This instrument of writing was produced to me on —1-1 fie" 1 �-5— at cJ- (q 'Ptn1 and with thcreto annexed was admitted w roo ml i m unposed by Scc. 58.1-802 of $, and 58.1-801 have been paid, if assessable 4ela /A,� , Clerk PDRes 01-15 BOS Res. #005-15 CD X- cD 150-00661(), Greenway Engineering 0 Janwuy 11, 2007 Revisal March 17, 2015 Revised April 21, 2015 • O c� Abrun's Chase Age-Rcstrictcd Retuning �-- ABRAM'S CHASE PROFFER STATEMENT REZONING: RZ# - Conditional Zoning Amendment RP, Residential Performance District with Proffers to RP, Residential Performance District with Revised Proffers PROPERTIES: 3.25±-acres Tax Parcels 65-((A))-27A & 65-((A))-28A RECORD O«INERS: Harvest Communities, Inc. APPLICANT: Harvest COnllrlunities, Inc. PROJECT NAME: Abram's Chase Agc-Restricted Subdivision ORIGINAL DATE OF PROFFERS: January 11, 2007 REVISION DATE: April 21, 2015 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of t11c Code of Virginia, 1950, as amended, (the "Code") and the provisions of the Frederick County Zoning Ordinance (tile "Ordinance") with respect to conditional zoning, Harvest Communities, Inc., (tile "Applicant") hereby proffers that in the event the Board Of Supervisors of' Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #11-06 for the 3.25f-acres (the "Property") from the RP, Residential Performance District with approved proffers to RP, Residential Performance District with revised proffers, 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 these applicant and their legal successors, heirs, or assigns. The term "Applicant" herein shall also include within its meaning the owner of the properties that are subject to these proffers and such owner's legal successors, heirs, and assigns. The subject Property, identified as the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest CO11111111111ties, Inc., being all of Tax Map Parcels 65-((A))-27A and 65-((A))-28A, recorded as Instrument Number 050028946, and File 114545MEAw • LJ Greenway Engineering January 11, 2007 Revised March 17, 2015 Revised April 21, 2015 Abram's Chase Age -Restricted Rezoning further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, . L.S., of Dove & Associates, recorded as Deed Book 910, Page 381. A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") dated March 17, 2015 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10-fool bicycle/pedestrian facility, the internal road system with inter -parcel connectivity, the general location of residential lots and the open space/buffer areas. B. Residential Land Use The Applicant hereby proffers to develop a maximum of 13 single-family small lot detached residential dwelling units that will be age -restricted. C. Transportation Enhancements 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter -parcel connectivity to Tax Map Parcel 65-((A))-2.513. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12-feet in width and is located along the Property frontage within the public right-of-way. The new westbound travel lane shall be designed to connect Packwood Drive to the entrance serving the Properly. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right-of-way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right-of-way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the age -restricted residential lots and internal public street system serving the Property. CD C.0 CJl File #14545A/EA W 2 U F"—I LJ Greenway Engineering January 11, 2007 Abram's Chase Age -Restricted Rezoning CD Revised Mauch 17, 2015 Revised Apai1 21, 2015 C-0 5. The Applicant hereby proffers to construct a 10-foot asphalt bicycle/pedestrian facility along the frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress/egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress/egress easement for the benefit of Tax Map Parcel 65-((A))-26A that shall be incorporated into the final plat and deed for the Abram's Chase Age -Restricted Subdivision. Additionally, an easement shall be provided at this general location for the benefit of Tax Map Parcel 65-((A))-26A to allow for public water and sewer connections to the Abram's Chase Age -Restricted Subdivision public water and sewer lines at the expense of others. 7. The Applicant hereby proffers to provide a monetary contribution of $1,000.00 for each age -restricted residential lot to be used towards future improvements to the Senseny Road corridor. This monetary contribution will be paid to Frederick County at the time of issuance of the occupancy permit associated with each age - restricted residential lot and may be used by Frederick County as local matching funds for qualifying transportation projects at the discretion of the County. D. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick County, Virginia $2,835.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of issuance of the occupancy permit associated with each age -restricted residential lot and is to be distributed in the amounts as follows: Fire and Rescue $ 554.00 General Government $ 43.00 Library $ 496.00 Parks and Recreation $ 1,742.00 File #4545A/EAW 3 0 Greemvay engineering January 11, 2007 Abram's Chase Age -Restricted Rezoning CD Revised March 17, 2015 Revised April 21, 2015 W E. Signature The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of' Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition t0 other regUil'en1entS Set 1`0I'th in the Frederick County Ordinance. Respectfully Submitted: Stuart Butler, President Harvest Communities, Inc. Commonwealth of Virginia, City/County of VW4n, C\ N To Wit: i 2 Date/ The foregoing instrument was acknowledged before me this 2 3 clay of - VIDI 20 `_ by �---WO t -A- ��1T� �e r My Commission Expires:6eo� i/l.. Notal•y Public D pq�ti��'; �P . �pTA,9y�0 ; O toy Comm. Expires - c Seplemher 30. 2015 : O '• No. 7135427 ytA LTH '11r1rrrrxW Pile #4545A/1iA W 4 0138 I • I* LEGEND ■ LOT AREA (APPROXIMATE) L___J OPEN SPACE AREA (APPROXIMATE) PUBLIC R.O.W. AREA (APPROXIMATE) 10' BICYCLE / PEDESTRIAN FACILITY 50' ROAD EFFICIENCY BUFFER INGRESS/EGRESS EASEMENT AREA I ys bO 40 O 50 160 iiiiia 56AL E , I' = 80' F5 2?5 w w � O z L4 U wI LJ C7 �f' C7 C) QW �ca J m _ Cl U Z a Q DAn a/»/ems ecue V-so' DOMMM NYC soY Jos NO a4&A ! w l • LEGEND F-1 LOT AREA (APPROXIMATE) OPEN SPACE AREA (APPROXIMATE) 7 PUBLIC R.O.W. AREA (APPROXIMATE) ■ 10' BICYCLE / PEDESTRIAN FACILITY 50' ROAD EFFICIENCY BUFFER ® INGRESS / EGRESS EASEMENT AREA so, PARKlN000 cipa-E 8O 40 O i1 5GALE: I" = 80' N u') O (D O N 17 00 O C N N U O T� C o i �C � � L X 3� c Ln aM 3 U d u- 3 0 C1) Z Q m J a- m U O J W I 0 0 0 Q W W N U) J Qa _ cr— U Z U) W o cr m 160 DATE: 3/17/2015 SCALE: 1"-80' DESIGNED BY: SGY JOB NO 4545A SHEET 1 OF 1 6 Tr LEGEND F] LOT AREA (APPROXIMATE) [—� OPEN SPACE AREA (APPROXIMATE) F-1 PUBLIC R.O.W. AREA (APPROXIMATE) ■ 10' BICYCLE / PEDESTRIAN FACILITY ® 50' ROAD EFFICIENCY BUFFER ® INGRESS / EGRESS EASEMENT AREA k N Lo O E_� N coC U N J •O M W a) r C C O N %1 3 rn O m or-CL �- uyLL qa�S= c l� ---- ET so FtIW ....auc ST ppRKwoOp CI'-jct e a� O U) >—Z mQ �_j U) CL Q U U W O U U LLI z �:) W a W C =w U N _j C a Q U)w Q m Q DATE: 3/17/2015 1 SCALE: 1"— B0' DESIGNED BY: SGN JOB N0 4545A SHEET 1 OF 1 FREDERICK COUNTY DEVELOPMENT REVIEW FEES Adopted April 23, 2008 — Effective May 1, 2008, Revised 2/24/2010, 4/28/2010, 1/25/2012 COMPREHENSIVE POLICY PLAN S 3.000 non-refundable REZONING $ 1,000 — Proffer amendments not requiring a public hearing S 5,000 base + $100/acre — 2 acres or less $ 10,000 base + $100/acre more than 2, less than 150 $ 10,000 base + $ 100/acre first 150 + $501acre over 150 acres SUBDIVISION Non -Residential $1,000 base Design Plan $ 200/lot Plat $ 100/lot Residential (RP, R4, 115) Design Plan $ 2,500/base $100/lot Plat $ 200/lot to 50 lots $ 100/lot over 50 lots Rural Areas (RA) Sketch (Design) $ 2,500 base $200/acre Plat $ 200/lot Rural Areas (RA) Minor — 3 lots or less $ 200/lot Lot Consolidation $ 200/lot Boundary Line Adj. $ 200/lot VARIANCE $ 400 BZA APPEAL $ 250 ZONING CERTIFICATION LETTER $ 250 ZONING DETERMINATION LETTER S 100 SUBDIVISION ORDINANCE EXCEPTION $ 500 MASTER DEVELOPMENT PLAN $ 3.000 base + $ 100/acre for first 150 +$50/acre over 150 acres CONDITIONAL USE PERMIT Cottage Occupation S 75 Telecommunication Tower S 7,000 Other S 750 SITE PLAN Non-residential $ 2,500 base $ 200/acre to 5 acres $ 100/acre over 5 acres Residential $ 3,500 base $ 300/unit to 20 units $ 100/unit over 20 units Minor Site Plan $ 500 for revision that increases existing structure area by 20% or less & does not exceed 5,000sf. POSTPONEMENT of any Public Hearing or Public Meeting by Applicant after Advertisement, to include Applicant requests to TABLE an agenda item $ 500/occurrence. THIRD & SUBSEQUENT PLAN REVIEWS (including County Attorney review) for a single development application $ 500/review. BOND MANAGEMENT Establishment of bond $ 500 Reduction/Release $ 300 Replacement $ 500 TDR PROGRAM TDR Application Review $300 TDR Letter of Intent $100 TDR Certificate $200 Certificate Ownership Transfer $50 Receiving Property Approval $200 Recordation of Sending Property Deed Covenant S I M Recordation of Extinguishment Document $100 CHAPTER 161 FEES Installation License $300 Septic Haulers Permit $200 Residential Pump and Haul $50 Commercial Pump and Haul $500 0 • Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks i & Recreation with their review. Attach a copy of your application form, location map, proffer I statement, impact analysis, and any other pertinent information. Applicants Name: Greenway Engineering, Inc. Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: North side of Senseny Road (Route 657); Approximately 400' west of the Channing Drive/Senseny Road Intersection Current zoning: RP District Zoning requested: Proffer Revision Acreage: 3.25+/- Department of Parks & Recreation Comments: /19"t2 C✓lI! vl��cY io Sf,P AM Op —4(L-e- (112 Pks. & Rec. Signature & Date: Notice to Department of Parks 0 Recreation - Please Return This Form to the Applicant 23 From:Frederick Co Fire & Rescue * 540 678 4739 04/01/201*1:40 #855 P.003/003 Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out. the information as accurately as possible in order to assist the Frederick County Fire.i:Ylarshal with his Keview. Attach a copy of yqur application forXn, location map, proffer statement, impact nAalysls,:itnd,aRYo.ihMlaert�lgent'informafionr . . Applicant's Name: areenway Engineering, Inc. Mailing Address: 151 Windy HIII Lane Winchester, VA 22602 Telephone: 640-662A I85 Location of property: North side of Senseny Road (Route 657); Approximatefy 400' west of the Channing Drive/Senseny Road intersection Current zoning: RP District Zoning requested: Proffer Revision Acreage: 3.26+/- Fire Marshal's Comments: PLANS APPROVED EIRE MARSHAL.-FREDERICK C-0- UNTY Fire Marshal's Signature &Date: 3 /" Notice to Fire Marshal - Please Return This Form to the Applicant 22 Froa:Frederick Co Fire & Rescue 540 678 4739 04/01/20*1:40 #855 P.002/003 e e Control number Date received Date reviewed Date Revised RZ15-0006 3/27/2015 3/31/2015 Project Name North Side Of Senseny Rd. Near Channing Ln. Address City 151 Windy HIN Ln Winchester Type Application Rezoning Current Zoning RP to RP age r Automatic Sprinkler System No Other recommendation :mergancy Vehicle Access Jot Identified iiamese Location lot Identified :mergency Vehlcb Access Comments I cress Comments I idkional Comments an A.pnrove; Tax ID Number Applicant Greenway Engineering, Inc State Zip Applicant Phone VA 22601 540-662-4185 Fire District Rescue District 13 13 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Not Identified Roadway/Aisieway Width Not Identified Ian Approval Recommended Reviewed By Yes Kenneth Scott Election District Residential Sprinkler System Yes Fire Lane Required No Special Hazards No RECEIVED APR 01 2r';5 GREENWAY ENGINEERING Signature _.-.... Title _ L'I Q'i9I0''G0379 THIS DEED OF BOUNDARY LINE ADJUSTMENT, made this 141 day of July, 1998, by and between RICHARD A. RHODE$, hereinafter called "Rhodes" and SANDRA LOVE, Administratrix of the Estate of DOUGLAS H. CIA , hereinafter called "Love". WHEREAS, Rhodes is the owner of that certain tract of land designated as Parcel 26 as shown on that certain plat of survey by Edward W. Dove, Land Surveyor dated June 22, 1998, said land being the same as conveyed to Richard A. Rhodes as recorded in a deed recorded in Deed Book 799, at Page 1311 in the office of the Clerk of the Circuit Court of Frederick County, Virginia; and, WHEREAS, Douglas H. Clark and Nina M. Clark were the owners of Parcels 27 and 28 as shown on that certain plat of survey by Edward W. Dove, Land Surveyor dated June 22, 1998, which they acquired in a deed recorded in the aforesaid Clerk's office in Deed Book 236 at Page 471; and, WHEREAS, Nina W. Clark died July 22, 1989, survived by Douglas H. Clark; and, WHEREAS, Douglas H. Clark died February 13, 1997; and, WHEREAS, Sandra Love qualified as Administratrix of the Estate of Douglas H. Clark in the aforesaid Clerk's Office; and, WHEREAS, the parties hereto desire to enter into a Boundary Line Adjustment between their properties, as more particularly set forth on the aforesaid plat which is attached hereto and ade a part hereof, by this reference. NOW THEREFORE, Rhodes and Love agree, and do hereby, adjust those boundary lines between Parcels 26, 27 and 28, and fix said boundary lines with regard to each parcel as set forth on the plat attached hereto and made a part hereof, provided further KQw80++ that said parties agree and do hereby vacate any property lines ATIORNM AT LAW WpCHEiTSI. WIdRM'L M'? 10`60380 lindicated on said plat as vacated and do establish any new boundary lines established on said plat of survey. WITNESS the following signatures and seals: (SEAL) RICHARD A. RHODES )LjAA. c6UL (SEAL) SANDRA LOVE, Administratrix of the Estate of Douglas H. Clark (STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF -Ti?_r_L -y, _, To -wit: The foregoing instrument was acknowledged before me this Lday of July, 1998, by Richard A. Rhodes. My commission expires Lks 0 Do iA AOPAP •%�}1�' Notlary P is STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF -6r_devirle To -wit - The foregoing instrument was acknowledged before me this . day of July, 1998, by Sandra Love, Administratrix of the Estate of Douglas H. Clark. My commission expires 1 OOb Not ry Pu c -2- W AVK M a JOHN$TM ATTORW" AT LAW V*CNfFMKVr' MBA 0 OK 1 CFG0385 VM[NW FREDDUX Ct)1k1111; GOT. �hp Thl nst of nt writ G w1Q$�at c to" �, m aad with certl to cknovrledgmenl thereto annexed Wa Itted to record. Tax Imposed by Soo. 58.1.802 Of s. /�J and 68.1.801 have been peld,11 atso;sebla. y�',, 4e.4' ,� Clerk 0 0 CD N CT� 050028946 TAX MAP NOS. 65-A-27-A and 65-A-28-A GRANTEES' ADDRESS: 147 CREEKSIDE LANE, , W INCHESTER, VIRGINIA 22602 CONSIDERATION $375,000.00 THIS DEED PREPARED BY PHIIJP E. GROVES, ATTORNEY AT LAw, 132 S. CAMERON ST., WINCHESTER, VA 22601 Tms DEED, made and dated this 13th day of December, 2005, by and between LARRY W. BURACKER and BLDA M. BURACKER, husband and wife, Grantors, parties of the first part, and HARVEST COMMUNITIES, INC., a Virginia corporation, hereinafter called the Grantees, parties of the second part. WITNESSETH: That for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors hereby grant and convey, with General Warranty unto the Grantees, in fee simple, all the following real estate: All those certain lots, pieces or parcels of land, with all improvements thereon, in Stonewall District, Frederick County, Virginia, designated as Parcel 27A and Parcel 28A on that certain plat by Edward W. Dove, L. S. dated June 22,1998, of record with a deed of boundary line adjustment dated July 14,1998, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 910 at page 379; and being the same properties conveyed to the Grantors herein by deed dated July 31, 1998 from Douglas L. Clarke, Sr, et als, of record in said clerk's office in Deed Book 912 at page 433. Further reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. 0 0 N • WITNESS the following signatures and seals: i' ELDA M. .• STATE OF VIRGINIA CITY of WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this 13th day of December, 2005, by LARRY W. BURACKER and ELDA K BURACKER. My commission expires April 30, 2009. NOT Q Y C VIR(ifNlA: FREDERICK COUIIT - SCC. This W"ttlent of writing was ptot'ced to me on at / 41LO and with certificate of acknowlcdgemenl thereto nnnexed was udmittcd to record. T imposed by See 5s.1-802 of S iE ,, aad 58.1-801 have been paid, if ;"ablc Untitled Page https://taxes.co.l'rederick is/applications/TR_payTaxes/REDetai1.aspx Payment Home Personal Property Real Estate Dog Tags Pay Patting Violation Other Payments ShoppmgCan(0) Pm OptlDns Change Ernad Real Estate Ticket Detail Previous 2014 REAL ESTATE DepfficketH RE2014 / 159590002 Frequency 2 Supplenlentil 0 Name HARVEST COMMUNITIES INC Mapit 65 A 27A Accountli 8024191 Name 2 13ill Date 0-1/14/201,1 Acreage 1.680 Address 320 HANDLEY BLVD Due Dale 12/0512014 Improvements S0.00 WINCHESTERVA Desc 1.68ACRES Land Value S119,900.00 Land Use S0.00 Zil) 22601 3721 Minerals $0.00 Penally Paid S35.07 Interest Paid $12.86 Last Transaction Date 0.1/07/2015 Curren( Prq,menl Slnlus Original Bill Payments Principle Balance Due Penalty Interest IStdance Due S350.71 (S350.71) S0.00 S0.00 S0.00 S0.00 "Transaction History 1 Date Type Transaction(! Amount Balance S 4/14/2014 Charge 0 $350.71 S350.711 3/31/2015 Principle Paid 572 ($350.71) 50.00 3/31/2015 ILumst Paid 572 $12.86 5U.00 3/31/2015 Penally Paid 572 $35.07 50.00 3/31/2015 Principle Paid 572 ($263.71) ($263.71) t 4/6/2015 Principle AM 29357 S263.71 50.00 1 Provlous 1 of 1 4/23/2015 1:24 PM Untitled Page a hops://taxes.co.frederic0Us/applications/TR_payTaxes/REDetail.aspx Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments Shoppin9calt(0) Pm Options Change Email Real Estate Ticket Detail PrevIOIIS 2014 REAL ESTATE Depfficketit RE20141 159600002 Frequency 2 Supplement#I 0 Name HARVEST COMMUNITIES INC Mapit 65 A 28A Accounts# 8021192 Name 2 Bill Dale 0.1/14/2014 Acreage 1.570 Address 320 HANDLEY BLVD Due Dale 12/05/2014 Improvements S72,800.00 WINCHESTER VA Desc 1.57 ACRES Land value S125,900.00 Land Use $0.00 %ip 22601 3721 Minerals $0.00 Penalty Paid S58.12 Interest Paid $21.31 Last Transaction Dale 04/07/2015 Current Paymell( Millis Original Bill Payments Principle Balance Due Penult), Interest Balance Due S581.20 ($581.20) $0.00 $0.00 $0.00 $0.00 'I'l-allsactioll I Ils(ory Dale Type 'Ilansaclion8 r Amount Balace 4/14/2014 Charge 0 $581.20 $581.20 3/31/2015 )'rinciple Paid 572 ($349.20) $232.00 3/31/2015 Interest Paid 572 $12.80 $232.00 3/31/2015 Penalty Paid 572 $34.92 $232.00 a 4/6201.5 Principle Paid 29357 ($232.00) $0.00 4/62015 Interest Paid 29357 ".51 4/6/2015 Penalty raid 29357 $23.20 i Previous loft 4/23/2015 1:30 PM 0 K4"U M a JOK"WH A1100 l7 AT lAW V 41CHESTM VMYMA 61(912P6p434 Douglas H. Clark, the said Douglas H. Clark having died February 13, 1997, survived by Douglas L. Clark, Sr., Scarlet M. Jenkins, and Sandra L. Love, his sole heirs at law. Reference is hereby made to the aforesaid instruments for a further and more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. wiTNBSS the following signatures and seals: Douglas,L. Clark, Sr. �,nl o Lnni (SEAL) S arlet M. ukenMns d• 04UC_ (SEAL) Sandra L. Love, Individually and as Administratrix of the Estate of Douglas L. Clark STATE OF VIRGINIA AT LARGE . CITY/ee"ImOFYVj��+��{, To -wit: , The foYe-g-to-ing instrument was acknowledged before me this day of 1998, by Douglas L. Clark, Sr. My commission expires re Notary Publ G: EQ -2- KUNIM r a Jamtton ATMOVIC,7 AT LAW WMpaIMV010W BK9I2P60435 STATE OF VIRGINIA AT LARGE CITY/ OF c/Ltiti , To -wit: The forego ng instrument was acknowledged before me this day of 1 98, by Scarlet M. Jenkins. My commission expires / 2 j I�lo ary Publ >; Y irJ STATE OF VIRGINIA AT LARGE CITY/C0bWT7—OF �i , To -wit: The foregoing instrument was acknowledged before me this day of Jq—, 1998, by Sandra L. Love, Individually and as Administratrix of the Estate of Douglas H. Clark. My commission expires Notary Public .. . O Tht��a lrn uum wrla� cad t m on th 'r`'�• •1 „Y, .,` rr•. day of , tom , ata�1 and with Carlitleale acknawNdpment thereto annexed wetF 4d to record. Tax imposed by Sec. 18.1.802 of S O • 1 and 58.11-801 have been paid, If assessable. 4�eC r �, Clerk -3- �_l ^I %% I51 windy I fill lane \\'inchestei, Virginia 22602 I I oundedl in 1971 March 25, 2015 Frederick County Planning Department Attn: Mike Ruddy, Deputy Planning Director 107 North Kent Street Winchester, VA 22601 RE: Abram's Chase Conditional Zoning Amendment Dear Mike: The purpose of this letter is to provide you with information pertaining to the Conditional Zoning Amendment proposal for the Abram's Chase Subdivision. Harvest Communities, Inc., rezoned Tax Map Parcels 65-A-27A and 65-A-28A, totaling 3.25± acres to the RP, Residential Performance District with proffers on January 11, 2007. The approved Proffer Statement allows for the development of 13 single-family small lots; public street improvements and right -of -Way dedication for Senseny Road; inter -parcel connectivity of the internal street; an ingress/egress easement for the adjoining parcel to the northwest of the project; a 10-foot asphalt bicycle/pedestrian facility along the frontage of the project; as well as monetary contributions for off -site road improvements and capital facilities impacts associated with the project. Harvest Communities, Inc., is proposing to revise the Proffer Statement to create an age -restricted community for the Abram's Chase Subdivision. As you know, Harvest Communities, Inc., has successfully developed the Westbury Commons Subdivision age -restricted community near Westminster -Canterbury. Harvest Communities, Inc., desires to continue development in this residential market niche in the Senseny Road corridor. The proposed Conditional Zoning Amendment maintains the transportation enhancement commitments from the previously approved proffers, and provides monetary contributions for off -site road improvements consistent with the previously approved proffers and the current monetary values identified by the County's Development Impact Model. Greenway Engineering, Inc., has prepared revisions to the Proffer Statement and Generalized Development Plan that were approved under RZ# 1 1-06 for review by the County Attorney, the County Fire Marshal, Parks and Recreation, and Planning and Development. A red -line version of the proposed Proffer Statement has been provided to assist in this review, as well as the new Proffer Statement and Generalized Development Plan, Hngincers Sinveyots 'Ielchhonc 540-662-4185 FAX 540-722-9528 wwucgrccnwaycng.cotn Thank you for meeting with Harvest Communities, Inc., and me to discuss the proposed Conditional Zoning Amendment and for assisting us with this process. Please contact me if you have any questions regarding this information or if you need anything else regarding this matter. Sincerely, Evan Wyatt, AIC Greenway Engineering, Inc. Cc: Rod Williams, County Attorney Jay Bauserman, Fire Marshal Jason Robertson, Parks & Recreation Director Stuart Butler, Hai -vest C0111I11LInitiCS, Inc. 0 • fi GREENWAY ENGINEERING 151 Windy Hill Lane Founded 1n 1971 Winchester, Virginia 22602 TRANSMITTAL PI'oject Name: Abrams Chase Conditional Zoning Amendment File No: 4545A Date: Thu, Apr 23, 2015 To: FC Planning Attn: Copied Mike RLIdd From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail COLII-ie1- [J Pick Up _] Other ❑ Urgent jv For Your Review ❑ As You Requested Please Comment Message Hi Mike, Please find attached the information required for acceptance of the Abram's Chase Conditional Zoning Amendment application. Please advise me if you need any additional information regarding this matter; if not, please schedule this application for the May 20th Planning Commission meeting. Thank you, Evan Hand Delivery and Pick Ups Only: Received by: Please Print Name: Date: rj LDL! iiV �� CVUi 1 IY Ff1 PLnNNII�'Of fENT =1 Document Approval Farm PLEASE REVIEW THE ATTACITED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCVMENTDOESNOTMEETYOURIIPPR0il,4L PLE,4SE PR 0 UDE COMMBNTS,4S TO IIIH,4 T YO U I4/0 ULD LIKE TO 17,4 TIE COMPLETED. Initials Date & Time Candice Mark Dave Eric Jokn COMMENTS: Received by Clerical Staff (Date & Time): (S:Office on BlackboxTormslDocument Approval Form 07/16/2014) DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, V]RGINIA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: REQUESTED COMPLETION DATE: S REQUESTING AGENT: 'VI Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: 51l5 DESCRIPTION OF REQUEST: (Write additional information on back of request) M0.0 R��,c`\n `) s A -a 8 A (o A a� DIGITAL: PAPER: FAX: E-MAIL: (n 5- A A 8 A SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NOS Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) �n(0 lAt v Q� v � r'i (-)� -