HomeMy WebLinkAboutChanning Drive Phase 9-10 - BackfileGreenwav Engineering
Channing Drive Rezoning
C A 1♦ 1♦ l 1 i' G D R d
REZONING
PROPERTY ID NUMBERS
55-((A))-206, 209, 211, 213
& 65-((A))-30, 31, 39, 39A, 40
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 #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 (B2) zoning 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 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rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever.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 I. PHASED CONSTRUCTION PLAN
This article shall apply to the following parcels:
Lynnehaven, 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:
Greenway Engineering �� ', �• ,; �, ; :; i ; Channing Drive Rezoning
Year
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
Permits Issuers to Date
79
158
237
316
395
474
553
632
711
790
846
ARTICLE H. LYANEM MEN, L. C.
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 - 81.4 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 -link townhouses, and garden apartments, as defined in the Frederick County
Zoning 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 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.
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Greenway Engineering r Channing Drive Rezoning
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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
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
1. PROHIBITED USES
The following uses shall not be permitted on the subject property:
Description SIC
Automotive dealers 55
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. MAXIMUM 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.
3. BUILDING FACADES
Commercial structures within the proposed B2 area shall be faced with brick, drivet, or
architectural block on three (3) sides.
C) ENTIRE PARCEL
1. MANNING DRIVE
Channing Drive is a new major collector which will be constructed along the eastern boundary
of the subject property. Channing Drive shall consist of an 80' dedicated right-of-way with two
12' lanes, along with any associated turn lanes required by the Virginia Department of
Transportation. This thoroughfare will be built in sections as warranted by adjacent
development. The following criteria establish when the property owner is required to extend
Charming Drive:
Greenway Engineering ,3;,, _ Channing Drive Rezoning
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 Charming 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 Charming Drive from Valley Mill Road to Senseny Road shall be constructed, open for
traffic and dedicated to Frederick County before the 475th 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 Charming 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 $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.
I 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 $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 AND RIGHT OF WAY DEDICATION
a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with
Charming Drive. Said lanes shall be constructed by the applicant at the time Charming
Drive is connected to Senseny Road.
b) Right and left turn lanes shall be constructed on Charming Drive at the intersection with the
main entrance road into the Lynnehaven subdivision.
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Green way Engineering
Channing Drive Rezoning
c) The installation of a total of two turn 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 lanes, 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.
5. DRAINAGE AND WETLANDS DEVELOPMENT
Sediment forebays shall be constructed u
in Lakes in order to decrease the
siltation of said lake and settle out man-made impurities. These sedimen o ays s ___ e
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 A5-99is approved for rezoning, the owners of
the subject property will pay to the Treasurer of Frederick County, Virginia, $3,278.31 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 applications-99is 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.
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Greenway Engineering Channing Drive Rezoning
ART'IC'LE III: RO}3E A: ILL'S, et als
This article shall apply only to those properties currently owned by Robert A. Giles, et als, and
Manning and Ross, LLC, property identification numbers 65-((A))-39, 39A. The subject property
includes all of the land described as being owned jointly by Wanda G. High, Janita Giles, Robert A.
Giles, and Richard F. Giles as recorded in Will Book 79, page 317, and in Deed Book 889 at Page
741. Said property is further described by a survey by Curtis L. McAllister dated February 13, 1990
and is reported to contain in aggregrate a total of 152.20 acres. The subject property includes all of
the land now owned by Manning and Ross, LLC as recorded in Deed Book 948 at page 1760, and
contains 51.0 acres. The conditions proffered are as follows:
A) AREA ZONED RP -140.2 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 -link townhouses, and garden apartments, as defined in the Frederick County
Zoning Ordinance, shall not be permitted.
3. RECREATION CENTER
A community recreation center shall be included in the master development of the subject site.
This recreation center shall have a floor area of at least 3,000 square feet and shall include a
pool and an outdoor multi -purpose playing court; the facade shall be constructed of brick, wood
product, masonry, or drivet. Said facility shall be open for membership by residents of all
subdivisions resulting from this Charming Drive Rezoning and shall also be open for
membership to all other area residents.
4. 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.
5. 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
serving this general area, and shall continue for a period of ten years, or the term of said lease,
whichever is less.
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Green way Engineering
Channing Drive Rezoning
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B) AREA ZONED B2 -12.0 ACRES
1. PROHIBITED USES
The following uses shall not be permitted on the subject property:
Description SIC
Automotive dealers
55
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. MAXIMUM BUILDOUT
In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings
in said B2 area shall not exceed 120,000 square feet.
3. BUILDING FACADES
Commercial structures within the proposed B2 area shall be faced with brick, drivet, or
architectural block on three (3) sides.
C) ENTIRE PARCEL
1. CHANNING DRIVE
Channing Drive is a new major collector which will be constructed along the western boundary
of the subject property. Channing Drive shall consist of an 80' dedicated right-of-way with two
12' lanes, along with any associated turn lanes required by the Virginia Department of
Transportation. This thoroughfare will be built in sections as warranted by adjacent
development. The following criteria establish when the property owner is required to extend
Channing Drive:
a) Each subdivision plan for residential housing adjacent to a portion of Channing 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.
i]
Greenway Engineering 9 J is + : t 0 Channing Drive Rezoning
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c) All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for
traffic and dedicated to Frederick County before the 475th residential building permit is
issued for any of the parcels listed in Article I of this proffer.
2. STREETSCAPE
The main entrance road into the residential subdivision established on the Giles Farm property
shall have four travel lanes, and shall have a median strip at least 10 feet wide. Said roadway
shall be streetscaped with deciduous trees (at least one tree per 80 lineal feet), ground cover and
shrubbery as allowed by the Virginia Department of Transportation.
3. TR.AFFIC 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 $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.
4. 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 $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.
5. TURN LANES AND RIGHT OF WAY DEDICATION
a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with
Channing Drive. Said lanes shall be constructed by the applicant at the time Channing
Drive is connected to Senseny Road.
b) Right and left turn lanes shall be constructed on Senseny Road at the intersection with the
main entrance road into the Giles Farm subdivision.
Greenway Engineering �'1 G%�, i Channing Drive Rezoning
c) Right-of-way shall be dedicated to the Commonwealth of Virginia along the entire frontage
of Senseny Road. Said right-of-way shall extend 40' from the existing road centerline.
d) The installation of a total of two turn 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 lanes, 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.
e) 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.
6. 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 way as to encourage their development into a wetland with locally
indigenous vegetation and wildlife.
7. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT
a) Residential: In the event rezoning application #15-9%s approved for rezoning, the owners of
the subject property will pay to the Treasurer of Frederick County, Virginia, $3,558.73 per
residential lot prior to the initial building permit being issued for said lot
This per lot monetary contribution provides for:
$2,958.80 for Frederick County Public Schools
$554.80 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 AB-99is approved for rezoning, the owners of
the subject property will pay to the Treasurer of Frederick County, Virginia, $3,898.68 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.
Greenway Engineering Channing Drive Rezoning
01', 3 o 'o b b
ARTICLE IV: DRS. CEORCE 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-Shep 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 2.2 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
Zoning 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 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.
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
serving this general area, and shall continue for a period of ten years, or the term of said lease,
whichever is less.
5. CHANNING DRIVE
All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic
and dedicated to Frederick County before the 475th residential building permit is issued for any of
the parcels listed in Article I of this proffer.
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Greenway Engineering Channing Drive Rezoning
6. TRAFFIC SIGNAL L; " �.P y `� v
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 $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.
8. 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 way as to encourage their development into a wetland with locally indigenous vegetation and
wildlife.
9. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT
In the event rezoning application #15-99 is approved, and the property is subsequently
developed within an RP zone, the undersigned will pay to the Treasurer of Frederick County,
Virginia $4,205.14 per residential lot prior to the initial building permit being issued for said lot.
This per lot monetary contribution provides for:
$3,568.94 for Frederick County Public Schools
$591.07 for Frederick County Parks and Recreation
$45.13 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.
it
Greenway Engineering July 2, 1999 `'ianning 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:
ell
v Robert A. Giles, tze-c/utor, Giles Farm
Commonwealth of Virginia,
�j U
Cit /Cou` ty f A- x 2zL To Wit:
The foregoing instrument was acknowledged before me this r� dayof 1999 b
� gII, n�_ . r Y
L
Notary Public
My Commission Expires,
i
ohn Scully, tynbehavehOL.0
Commonwealth of Virginia,
City , jn:t of To Wit:
The foregoing instrument was acknowledged before me this day of 2rAJ999 by
A
/ Notary Public t
My Commission Expires 1fC2,1 C� , O
M
Green way Engineering July 2, 1999 tanning Drive Rezoning
cam- J
Dr. George Shep� v �-- Mq'gie Sheppard j Y
Commonwealth of Virginia,
CityCoun�of 4 lam_ To Wit:
The foregoing instrument was acknowledged before me this �� day of L, 1999 by
CO1N--
Notary Public
My Commission Expires Qcoo
Dr. Allen Futral /
Commonwealth of Virginia,
- �' ��, - I-L" I
�etty Futral
City/ ounty f 4z v k o- U lr' To Wit:
The foregoing instrument was acknowledged before me this 44\ day ofOUua(iz+, 1999 by
Notary Public
My Commission Expires 4\0 t C�'\C--k a , 'PO
13
Greenway Engineering C �t� 1 c ^ "J 9 Channing Drive Rezoning
- � j, �:1: �J
avid Madison, Manager, Manning and Ross, LLC
Commonwealth of Virginia,
City ounty f �j �, _ o A ' Lte, To Wit:
The foregoing instrument was acknowledged before me this �a h day of E1999 by
Q�aj
Notary Public
My Commission Expires
/Greg Bancroft, Manager, Manning and Ross, LLC
Commonwealth of Virginia,
Ci Coun of To Wit:
li�The foregoing instrument was acknowledged before me this day of 1999 by
/ Notary Public
My Commission Expires
14
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Greenway Engineering r:� �; r- Channing Drive Rezoning
Cil`J3 l61btu
CHANNING DRIVE
REZONING
PROPERTY ID NUMBERS
55-((A))-206, 209, 211, 213
& 65-((A))-30, 31, 39, 39A, 40
RE C E� V E
AUG 5 2004
FREDERICK COUNTY
PLANNING & DEVELOPMENT
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 #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 (B2) zoning 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 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 I. 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:
Greenway Engineering [ J t-; i; J i I ChanningDriveRezoning
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
ARTICLE II: LYNNEM VEN, L. C.
This article shall apply only to those properties currently owned by Lynnehaven, L.C., property
identification numbers 55-((A))-206, and 65-((A))-30, M. 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 - 81.4 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 -link townhouses, and garden apartments, as defined in the Frederick County
Zoning 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 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.
2
Greenway Engineering r -- r Charming Drive Rezoning
� a'G 1 �14S
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
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
1. PROHIBITED USES
The following uses shall not be permitted on the subject property:
Description SIC
Automotive dealers
55
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. MAXIMUM 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.
3. BUILDING FACADES
Commercial structures within the proposed B2 area shall be faced with brick, drivet, 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 two
12' lanes, along with any associated turn lanes required by the Virginia Department of
Transportation. This thoroughfare will be built in sections as warranted by adjacent
development. The following criteria establish when the property owner is required to extend
Channing Drive:
3
Greenway Engineering
_ Channing Drive Rezoning
C?it`>Sdt�vZD
a) Each subdivision plan for residential housing adjacent to a portion of Channing 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 Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for
traffic and dedicated to Frederick County before the 475th 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 $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 flie 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.
3. 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 $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 AND RIGHT OF WAY DEDICATION
a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with
Channing Drive. Said lanes shall be constructed by the applicant at the time Channing
Drive is connected to Senseny Road.
b) Right and left turn lanes shall be constructed on Charming Drive at the intersection with the
main entrance road into the Lynnehaven subdivision.
4
Greenway Engineering
Channing Drive Rezoning
8 514PG1550
c) The installation of a total of two turn 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 lanes, 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.
5. DRAINAGE AND WETLANDS DEVELOPMENT
Sediment foreba s shall be constructed upstream of Twin Lakes in order to decrease the
siltation of said lake and settle out man-made impurities. These sedimen s e
constructed in such a way as to encourage their development into a wetland with locally
indigenous veizetation and wildlife.
6. MONETARY CONTRIBUTION
a) Residential: In the event rezoning application #15-99is approved for rezoning, the owners of
the subject property will pay to the Treasurer of Frederick County, Virginia, $3,278.31 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 115-99is 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.
5
Greenway Engineering r Channing Drive Rezoning
J
ARTICLE III: RORaT A:I�ES, et als
This article shall apply only to those properties currently owned by Robert A. Giles, et als, and
Manning and Ross, LLC, property identification numbers 65-((A))-39, 39A. The subject property
includes all of the land described as being owned jointly by Wanda G. High, Janita Giles, Robert A.
Giles, and Richard F. Giles as recorded in Will Book 79, page 317, and in Deed Book 889 at Page
741. Said property is further described by a survey by Curtis L. McAllister dated February 13, 1990
and is reported to contain in aggregrate a total of 152.20 acres. The subject property includes all of
the land now owned by Manning and Ross, LLC as recorded in Deed Book 948 at page 1760, and
contains 51.0 acres. The conditions proffered are as follows:
A) AREA ZONED RP -140.2 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 -link townhouses, and garden apartments, as defined in the Frederick County
Zoning Ordinance, shall not be permitted.
3. RECREATION CENTER
A community recreation center shall be included in the master development of the subject site.
This recreation center shall have a floor area of at least 3,000 square feet and shall include a
pool and an outdoor multi -purpose playing court; the facade shall be constructed of brick, wood
product, masonry, or drivet. Said facility shall be open for membership by residents of all
subdivisions resulting from this Channing Drive Rezoning and shall also be open for
membership to all other area residents.
4. 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.
5. 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
serving this general area, and shall continue for a period of ten years, or the term of said lease,
whichever is less.
Greenway Engineering
Channing Drive Rezoning
B) AREA ZONED B2 -12.0 ACRES
1. PROHIBITED USES
The following uses shall not be permitted on the subject property:
Description SIC
Automotive dealers
55
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
--
4 1 �•i
In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings
in said B2 area shall not exceed 120,000 square feet.
3. BUILDING FACADES
Commercial structures within the proposed B2 area shall be faced with brick, drivet, or
architectural block on three (3) sides.
C) ENTIRE PARCEL
1. CHANNING DRIVE
Channing Drive is a new major collector which will be constructed along the western boundary
of the subject property. Channing Drive shall consist of an 80' dedicated right-of-way with two
12' lanes, along with any associated turn lanes required by the Virginia Department of
Transportation. This thoroughfare will be built in sections as warranted by adjacent
development. The following criteria establish when the property owner is required to extend
Channing Drive:
a) Each subdivision plan for residential housing adjacent to a portion of Channing 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.
Greenway Engineering Q, r nn Channing Drive Rezoning
u-iI �
c) All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for
traffic and dedicated to Frederick County before the 475th residential building permit is
issued for any of the parcels listed in Article I of this proffer.
2. STREETSCAPE
The main entrance road into the residential subdivision established on the Giles Farm property
shall have four travel lanes, and shall have a median strip at least 10 feet wide. Said roadway
shall be streetscaped with deciduous trees (at least one tree per 80 lineal feet), ground cover and
shrubbery as allowed by the Virginia Department of Transportation.
3. 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 $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.
4. 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 $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.
5. TURN LANES AND RIGHT OF WAY DEDICATION
a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with
Channing Drive. Said lanes shall be constructed by the applicant at the time Channing
Drive is connected to Senseny Road.
b) Right and left turn lanes shall be constructed on Senseny Road at the intersection with the
main entrance road into the Giles Farm subdivision.
Greenway Engineering !? ^ ; Channing Drive Rezoning
c) Right-of-way shall be dedicated to the Commonwealth of Virginia along the entire frontage
of Senseny Road. Said right-of-way shall extend 40' from the existing road centerline.
d) The installation of a total of two turn 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 lanes, 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.
e) 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.
6. 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 way as to encourage their development into a wetland with locally
indigenous vegetation and wildlife.
7. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT
a) Residential: In the event rezoning application # 15-9S[s approved for rezoning, the owners of
the subject property will pay to the Treasurer of Frederick County, Virginia, $3,558.73 per
residential lot prior to the initial building permit being issued for said lot
This per lot monetary contribution provides for:
$2,958.80 for Frederick County Public Schools
$554.80 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 115-99is approved for rezoning, the owners of
the subject property will pay to the Treasurer of Frederick County, Virginia, $3,898.68 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.
Greenway Engineering Channing Drive Rezoning
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-Shep 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. MA)UMUM DENSITY
The total number of parcels shall be limited so as not to exceed a 2.2 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
Zoning 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 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.
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
serving this general area, and shall continue for a period of ten years, or the term of said lease,
whichever is less.
5. CHANT NING DRIVE
All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic
and dedicated to Frederick County before the 475th residential building permit is issued for any of
the parcels listed in Article I of this proffer.
10
Greenway Engineering Channing Drive Rezoning
;,►: c.jP1". 1 v�6
r :,
6. TRAFFIC SIGNAL L; "
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 $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.
8. 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 way as to encourage their development into a wetland with locally indigenous vegetation and
wildlife.
9. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT
In the event rezoning application #15-99 is approved, and the property is subsequently
developed within an RP zone, the undersigned will pay to the Treasurer of Frederick County,
Virginia $4,205.14 per residential lot prior to the initial building permit being issued for said lot.
This per lot monetary contribution provides for:
$3,568.94 for Frederick County Public Schools
$591.07 for Frederick County Parks and Recreation
$45.13 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.
11
Green way Engineering July 2, 1999 "=ianezing 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:
i
Robert k Giles, txd-cutor, Giles Farm
Commonwealth of Virginia,
�4 U
Cit /Coin my , f 2 � To Wit:
The foregoing instrument was acknowledged before me this day of , r 1999 by
Notary Public
My Commission Expires ,
t
111j
ohn Scully, ynnehave L.0
Commonwealth of Virginia,
City , unt of To Wit:
The foregoing instrument was acknowledged before me this �h day of 2t&l999 by
r
/ Notary Public t
My Commission Expires 0) CiA to L 3
i
12
Green way Engineering July 2, 1999 ' .tanning Drive Rezoning
Dr. George Shepp L-- Mar,_,gie Sheppard f iJ
Commonwealth of Virginia,
CityvCoun�of 4 0 A A C a To Wit:
y, ..,.
The foregoing instrument was acknowledged before me this h day of to 1 1999 by
My Commission Expires 1 ' `c�,h
Rb
Dr. Allen Futral
Commonwealth of Virginia,
�etty Futral
City/ ounty - 4.a fvGo jN'IC L To Wit:
The foregoing instrument was acknowledged before me this 4 +k day of , 1999 by
Notary Public
My Commission Expires TqC i\ C h j ,CQ0
13
Greenway Engineering ;. Channing Drive Rezoning
uiiJJ�;��1559..
avid Madison, Manager, Manning and Ross, LLC
Commonwealth of Virginia,
City ounty f 7\ o A Lle, To Wit:
The foregoing instrument was acknowledged before me this +h day of 1999 by
My Commission Expires � � -k V �� ,
ft, Manager, Manning and Ross, LLC
Commonwealth of Virginia,
Ci Coun of Sl thJ 0 To Wit:
The foregoing instrument was acknowledged before me this day of 1999 by
/ Notary Public
My Commission Expires 2,C �
14
wo IN
`A
Greenway Engineering ; ; r .� 1 Channing Drive Rezoning
6
CIIANNING DRIVE
REZONING
PROPERTY ID NUMBERS
55-((A))-206, 209, 211, 213
& 65-((A))-30, 31, 39, 39A, 40
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 915-99 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 (B2) zoning 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 terns 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 I: PHASED CONSTR UCTION PLAN
This article shall apply to the following parcels:
Lynnehaven, 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:
r71' a„ ��
Greenway Engineering �'� J �' i J J
Channing Drive Rezoning
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
ARTIC'LT E H. LYNNEM VEN, L. C.
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 - 81.4 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 -link townhouses, and garden apartments, as defined in the Frederick County
Zoning 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 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.
2
Green way Engineeringr ^ '- j Channing Drive Rezoning
% l J� 4 i u
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
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
1. 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. MAXIMUM 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.
3. BUILDING FACADES
Commercial structures within the proposed B2 area shall be faced with brick, drivet, or
architectural block on three (3) sides.
C) ENTIRE PARCEL
1. CHANNING DRIVE
Channing Drive is a new major collector which will be constructed along the eastern boundary
of the subject property. Channing Drive shall consist of an 80' dedicated right-of-way with two
12' lanes, along with any associated turn lanes required by the Virginia Department of
Transportation. This thoroughfare will be built in sections as warranted by adjacent
development. The following criteria establish when the property owner is required to extend
Channing Drive:
3
Green way Engineering Channing Drive Rezoning
3 , 9 5 ° i P?, j� 9
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 Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for
traffic and dedicated to Frederick County before the 475th 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 $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.
3. 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 $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 AND RIGHT OF WAY DEDICATION
a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with
Channing Drive. Said lanes shall be constructed by the applicant at the time Channing
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.
Ll
Greenway Engineering
Channing Drive Rezoning
c) The installation of a total of two turn 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 lanes, 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.
5. DRAINAGE AND WETLANDS DEVELOPMENT
Sediment foreba s shall be constructed upstream of Twin Lakes in order to decrease the
siltation of said lake and settle out man-made impurities. These sedimen s e
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 A5-99is approved for rezoning, the owners of
the subject property will pay to the Treasurer of Frederick County, Virginia, $3,278.31 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
$539.01 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 applications-99is 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.
Greenway Engineering Channing Drive Rezoning
ARTICLE III: ROBEi3'A.VILES, et als
This article shall apply only to those properties currently owned by Robert A. Giles, et als, and
Manning and Ross, LLC, property identification numbers 65-((A))-39, 39A. The subject property
includes all of the land described as being owned jointly by Wanda G. High, Janita Giles, Robert A.
Giles, and Richard F. Giles as recorded in Will Book 79, page 317, and in Deed Book 889 at Page
741. Said property is further described by a survey by Curtis L. McAllister dated February 13, 1990
and is reported to contain in aggregrate a total of 152.20 acres. The subject property includes all of
the land now owned by Manning and Ross, LLC as recorded in Deed Book 948 at page 1760, and
contains 51.0 acres. The conditions proffered are as follows:
A) AREA ZONED RP -140.2 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 -link townhouses, and garden apartments, as defined in the Frederick County
Zoning Ordinance, shall not be permitted.
3. RECREATION CENTER
A community recreation center shall be included in the master development of the subject site.
This recreation center shall have a floor area of at least 3,000 square feet and shall include a
pool and an outdoor multi -purpose playing court; the facade shall be constructed of brick, wood
product, masonry, or drivet. Said facility shall be open for membership by residents of all
subdivisions resulting from this Channing Drive Rezoning and shall also be open for
membership to all other area residents.
4. 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.
5. 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
serving this general area, and shall continue for a period of ten years, or the term of said lease,
whichever is less.
Greenway Engineering
Channing Drive Rezoning
B) AREA ZONED B2 -12.0 ACRES
1. PROHIBITED USES
The following uses shall not be permitted on the subject property:
Description SIC
Automotive dealers
55
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. MAXIMUM BUILDOUT
In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings
in said B2 area shall not exceed 120,000 square feet.
3. BUILDING FACADES
Commercial structures within the proposed B2 area shall be faced with brick, drivet, or
architectural block on three (3) sides.
C) ENTIRE PARCEL
1. CHANNING DRIVE
Channing Drive is a new major collector which will be constructed along the western boundary
of the subject property. Channing Drive shall consist of an 80' dedicated right-of-way with two
12' lanes, along with any associated turn lanes required by the Virginia Department of
Transportation. This thoroughfare will be built in sections as warranted by adjacent
development. The following criteria establish when the property owner is required to extend
Channing Drive:
a) Each subdivision plan for residential housing adjacent to a portion of Channing 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.
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Greenway Engineering Channing Drive Rezoning
L11-,J4rb 1:D
c) All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for
traffic and dedicated to Frederick County before the 475th residential building permit is
issued for any of the parcels listed in Article I of this proffer.
2. STREETSCAPE
The main entrance road into the residential subdivision established on the Giles Farm property
shall have four travel lanes, and shall have a median strip at least 10 feet wide. Said roadway
shall be streetscaped with deciduous trees (at least one tree per 80 lineal feet), ground cover and
shrubbery as allowed by the Virginia Department of Transportation.
3. 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 $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.
4. BRIDGE IMPROVEMENTS
There is currently a ore -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 $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.
5. TURN LANES AND RIGHT OF WAY DEDICATION
a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with
Channing Drive. Said lanes shall be constructed by the applicant at the time Channing
Drive is connected to Senseny Road.
b) Right and left turn lanes shall be constructed on Senseny Road at the intersection with the
main entrance road into the Giles Farm subdivision.
Greenway Engineering QV 0 C 1. 0 ^ C i:z j Channing Drive Rezoning
c) Right-of-way shall be dedicated to the Commonwealth of Virginia along the entire frontage
of Senseny Road. Said right-of-way shall extend 40' from the existing road centerline.
d) The installation of a total of two turn 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 lanes, 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.
e) 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.
6. 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 way as to encourage their development into a wetland with locally
indigenous vegetation and wildlife.
7. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT
a) Residential: In the event rezoning application 915-9Sis approved for rezoning, the owners of
the subject property will pay to the Treasurer of Frederick County, Virginia, $3,558.73 per
residential lot prior to the initial building permit being issued for said lot
This per lot monetary contribution provides for:
$2,958.80 for Frederick County Public Schools
$554.80 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 A5-99is approved for rezoning, the owners of
the subject property will pay to the Treasurer of Frederick County, Virginia, $3,898.68 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.
Greenway Engineering Channing Drive Rezoning
U :�
ARTICLE IV: DRS. GEOROE SHERRARD & ALLENFUTRAL
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-Shep 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 2.2 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
Zoning Ordinance, shall not be permitted.
3. PEDESTRIAN WALKWAYS
Pedestrian walkways shall be provided in the master development plan in addition to regaired
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.
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
serving this general area, and shall continue for a period of ten years, or the term of said lease,
whichever is less.
5. CHANNING DRIVE
All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic
and dedicated to Frederick County before the 475th residential building permit is issued for any of
the parcels listed in Article I of this proffer.
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Greenway Engineering GG Channing Drive Rezoning
?q� `z5U
6. TRAFFIC SIGNAL i+li � .ay , v tiJ
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 $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.
8. 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 way as to encourage their development into a wetland with locally indigenous vegetation and
wildlife.
9. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT
In the event rezoning application #15-99 is approved, and the property is subsequently
developed within an RP zone, the undersigned will pay to the Treasurer of Frederick County,
Virginia $4,205.14 per residential lot prior to the initial building permit being issued for said lot.
This per lot monetary contribution provides for:
$3,568.94 for Frederick County Public Schools
$591.07 for Frederick County Parks and Recreation
$45.13 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.
it
Greenway Engineering July 2, 1999 ": ianning Drive Rezoning
,7 1 ;gin r r-
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:
v Robert A. Giles, tzeutor, Giles Farm
Commonwealth of Virginia,
ULCit /Coin of s�� IL r- To Wit:
The foregoing instrument was acknowledged before me this day of , r1 • v , 1999 b
/--N — n . _
V
Notary Public
My Commission Expires n , J �
ohn Scully, )✓ynnehave L.0
Commonwealth of Virginia,
City , ount Hof To Wit:
The foregoing instrument was acknowledged before me this �day of� -'L�IyIiLA,1999 by
A
r.
/ Notary Public t
My Commission Expires T)I� c L 3 � ,
12
Green way Engineering July 2, 1999 ':tanning Drive Rezoning
Dr. George Shep� V L - Margie Sheppard
Commonwealth of Virginia,
Cit}��oRat -i"�14Q A A r To Wit:
The foregoing instrument was acknowledged before me this �---v h day of OLQ , 1999 by
My Commission Expires AT") iC-"-� 1 ,
�—A
Dr. Allen Futral l
Commonwealth of Virginia,
Notary Public
— �', - 1�1 I -
�etty Futral
City/ ounty f� n fl k o n U To Wit:
The foregoing instrument was acknowledged before me this}h day of U , 1999 by
/ Notary Public
My Commission Expires "I ' t i\C �\ ,
13
• Greenway Engineering uoi95'559 Channing Drive Rezoning
avid Madison, Manager, Manning and Ross, LLC
Commonwealth of Virginia,
U
City ounty f }� 01� c� �� To Wit:
The foregoing instrument was acknowledged before me this o h day of 1999 by
Q,X-I
1 - NotaryPublic
My Commission Expires
/Greg Bancroft, Manager, Manning and Ross, LLC
Commonwealth of Virginia,
CityCoun of C To Wit:
`L-The foregoing instrument was acknowledged before me this day of 1999 by
/ Notary Public
My Commission Expires C c���
14
alai NwwI'lr/h-a10Jt.