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HomeMy WebLinkAbout04-04 ApplicationREZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Telephone: 540- 662 -4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Trustees of the Helen R. Bean Trust Telephone: Address: 561 Bean's Pond Lane Winchester, VA 22602 3. Contact person if other than above Name: Evan Wyatt Telephone: 662 -4185 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to Property Verification of taxes paid Agency Comments Fees Impact Analysis Statement Proffer Statement n Acres Current Zoning Zoning Requested 5.0 RA District RP District 5.0 Total Acreage to be rezoned Districts Information to be Submitted for Caoital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 55 -((A)) -208 Magisterial: Red Bud High School: Millbrook Fire Service: Greenwood Middle School: James Wood Rescue Service: Greenwood Elementary School: Senseny Road 10. Zoning Change: List the acreage included in each new zoning category being reques ed. 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 12 Townhome: Multi Family Non Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): 3 ,v Owner(s): Date: II/4-10' Date: 625 E. JUBAL EARLY Bfl., WINCHESTER, VA 22601 en1`1/ a rin 0600 1 1 3 1v 1:0 5 140 2 5 18i: n' 3 LO 5 1 1 31' PAY TO THE p ORDER OFi �1 I C DR DEVELOPMENT, LLC. 1131 446 FROMANS RD WINCHESTER, VA 22602 8- 2, o.oLl ac .K fo. -k:) biao Yyt CLA `P de-- uc 0,6-a &A,2,M ,5,44-yko_C 68-251/514 03 DATE 1 G rt cu tc\_ 1$ lace() c`� De a X DOLLARS i Ea P n August 9, 2004 Q R Development, LLC 36 Ricketts Drive Winchester, Virginia 22601 RE: Bean Property Rezoning, REZ #04 -04 Contributions Towards Traffic Signal Property Identification Numbers (PIN) 55 -A -208 Dear Denver: When Rezoning #04 -04 for the Bean Property was approved by the County on May 12, 2004, the applicant had proffered a monetary contribution towards the installation of a traffic signal. In reviewing both County and VDOT records, it appears that the contribution has not yet been paid for your project. VDOT has determined that a traffic signal at the intersection of Greenwood and Valley Mill Roads is now warranted; therefore, receipt of your proffered contribution is now requested. More specifically, the proffered conditions associated with the Bean Property rezoning, in terms of the cash contribution identified in item (C), states "The applicant hereby proffers to provide a monetary contribution of $12,000 to Frederick County to be utilized the installation of traffic signalization... The County requests that this $12,000 contribution be made payable to the "Frederick County Treasurer and be submitted to the Frederick County Planning Department. Thank you for your attention to this matter. Please contact me should you have additional questions. Since Eric Lawrence, AICP Planning Director cc: Copp, Virginia Department of Transportation ERL/bhd 107 North Kent Street Winchester, Virginia 22601 -5000 CO 1' Y of FREDERICK mILECOM Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 May 17, 2004 Greenway Engineering Attn: Evan Wyatt 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #04 -04, BEAN PROPERTY Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting ofMay 12, 2004. The above referenced application was approved to rezone five (5.0) acres from the RA (Rural Areas) District to the RP (Residential Performance). The subject property is located on Bean's Pond Lane, approximately' mile north of Senseny Road. The site adjoins the Lynnhaven and Sovereign Village Subdivisions, and is identified with Property Identification Number 55 -A -208, in the Red Bud Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office ifyouhave any questions regarding the approval ofthis rezoning application. Sincerely, Tits �n L C eremy F. Camp Planner II JFC /d1w cc: Trustees of the Helen R. Bean Trust Gina A. Forester, Red Bud District Supery isor Jane Anderson, Real Estate Alex Gray, Planning Development Pat Gochenour and Marie Straub, Red Bud Planning Commissioners 107 North Kent Street Winchester, Virginia 22601 5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 Greenway Engineering Preliminary Matters The applicant hereby proffers the following: November 4, 2003 Revised February 4, 2004 Revised February 18, 2004 Tax Parcel 55 -((A)) -208 Red Bud Magisterial District BEAN PROPERTY REZONING Bean Property Rezoning Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #04,/ —o1/ for the rezoning of 5.0 acres from the RA, Rural Areas District to establish 5.0 acres of RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the land owned by The Trustees of the Helen R. Bean Trust being all of Tax Map Parcel 55 -((A)) -208, and further described by Deed Instrument 010011489 recorded August 27, 2001 in the Frederick County Clerk of the Court Office. A.) Land Use Restrictions The applicant hereby proffers that the 5.0 -acre site shall be limited to single family detached urban lots. B.) Monetary Contribution for County Services The applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia at the time of building permit issuance $3,278.31 for each single family detached urban lot that is located completely on the 5.0 -acre site, or for each single family detached urban lot that has the majority (more than 50 of the lot area located on the 5.0 -acre site. File 42185R/EA W 1 Greenway Engineering This per lot monetary proffer provides for: November 4, 2003 Revised February 4, 2004 Revised February 18, 2004 $2,694.11 for Frederick County Public Schools $539.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue Bean Property Rezoning In addition, the applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia $50,000.00 to cover capital costs associated with Fire and Rescue and/or Public School needs within thirty (30) days of Final Subdivision Plat approval for the residential lots on the 5.0 -acre parcel. C.) Monetary Contribution for Traffic Signalization The applicant hereby proffers to provide a monetary contribution of $12,000.00 to Frederick County to be utilized as a portion of the local match for the Revenue Sharing Program for the purpose of the installation of traffic signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The $12,000.00 monetary contribution will be provided to Frederick County within thirty (30) days of written notification that the Virginia Department of Transportation has advised Frederick County that traffic signalization at this intersection has been warranted. D.) Charming Drive Major Collector Road The applicant hereby proffers to develop the portion of Charming Drive that traverses the eastern boundary of the 5.0 -acre parcel. Furthermore, the applicant hereby proffers to prohibit any connection to Channing Drive and to provide a continuous road efficiency buffer along the eastern boundary of the 5.0 -acre parcel. File 42185R/EAW 2 Greenway Engineering November 4, 2003 Revised February 4, 2004 Revised February 18, 2004 E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: /4.,/, Trustees of the Helen R. Bean Trust Commonwealth of Virginia, City County C.k- i i c y ate To Wit: The foregoing instrument was acknowledged before me this Ih day of Iv'1QVCh 2004 -by tie I�4 Bea vl Bean Property Rezoning Notary Public My Commission Expires �c.bt cf :o 24 ZcOfS uJCS Ct nnenlssiorrci- cu kC'fzvi{ cS 1 )-incz,L.S etoile File II2185 R/EA W 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 04/21/04 Board of Supervisors: 05/12/04 REZONING APPLICATION #04 -04 BEAN PROPERTY Staff Report for the Board of Supervisors Meeting Prepared: May 3, 2004 Staff Contact: Jeremy F. Camp, Planner II PROPOSAL: To rezone five (5.0) acres from the RA (Rural Areas) District to the RP (Residential Performance) District. LOCATION: The property is located on Bean's Pond Lane, approximately 1/4 mile north of Senseny Road. The site adjoins the Lynnhaven and Sovereign Village Subdivisions. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER(S): 55 -A -208 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential ADJOINING PROPERTY ZONING PRESENT USE: North: Zoning: RP (Residential Performanclajse: South: Zoning: RP (Residential Performancl)se: East: Zoning: RP (Residential PerformancL)se: West: Zoning: RP (Residential Performance)se: Action recommendation of approval Pending Residential Residential Residential Residential PROPOSED USE: Residential. Single- Family Detached Urban Lots REZ #04 -04, Bean Property Page 2 May 3, 2004 REVIEW EVALUATIONS: Virginia Dent. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 656 and 659. These routes are the VDOT roadways which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Bean Property Rezoning Application dated 02/ 1 8/04 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual. Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: No concerns with this project. Appears to be consistent with surrounding parcels and land uses. No significant concerns related to fire protection. Frederick- Winchester Service Authority: No comments. County Engineer: A comprehensive review shall be performed with subdivision plan approval and review. We recommend approval of the rezoning. Sanitation Authority: No comment. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. As you have indicated in your impact statement, the Rural Landmarks Survey and the Comprehensive Policy Plan do not identify any significant historic structures or battlefields located on or adjacent to the property. County Attorney: O.K. Frederick County Public Schools: This letter is in response to your request for comments concerning the rezoning application for the proposed Bean Property from RA to RP. Based on the information included in the application packet, it is anticipated that the proposed 12 single family homes w i l l yield a total of eight new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact ofthis rezoning on current and future school needs should be considered during the approval process. This application does meet the recommended fiscal impact model monetary proffer for schools. RE #04 -04. Bean Property Page 3 May 3. 2004 Frederick County Department of Parks Recreation: The monetary proffer proposed appears to be appropriate to meet the impact this development will have on the services offered by this department. Winchester Regional Airport: While the elevation ofthis site will not require a 7460 -1 to be filed with the Federal Aviation Administration, it does lie within the air space of the Winchester Airport; therefore, property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the north. As the airport continues to expand services and operation, noise associated with such expansion will likely increase. Even though potential buyers may be aware of the airport's existence, they should be forewarned about aircraft noise and fly -over nuisance from aircraft. Planning Zoning: 1) Site History The original Frederick County Zoning Map (U. S.G. S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A-2 (Agricultural General) District. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May I0, 1989. The corresponding.revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. On December 8, 1999 all of the land around the subject 5 -acre site was rezoned to the RP (Residential Performance) District under rezoning application #15-99. Collectively the adjoining land is referred to as the property of the Charming Drive Rezoning, or independently as the Lynnehaven, Giles, and Fu -Shep properties. Planning Staff Comment: On March 23, 2004 the Frederick County Board of Supervisors adopted n resolution which enables the three developers of the Channing Drive Rezoning to proceed with Master Development Plan revisions independently of one another. It is expected that the Bean property will become part of the revised Lynnehaven master development plan if this rezoning application is approved. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components ofcommunity life. The primary goal ofthis plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. (Comprehensive Policy Plan, p. 1 -1) Land Use The Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county REZ #04 -04, Bean Property Page 4 May 3, 2004 where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. (Comprehensive Policy Plan, p. 6 -1, 6 -2) The subject property is located entirely within the UDA. There are no small area land use plans found in the Frederick County Comprehensive Policy Plan for the site. In accordance with the Frederick County Comprehensive Policy Plan, "any new suburban residential development served by sewer and water will have to be located within the UDA." As such, the subject proposal is consistent with this general land use policy. (Comprehensive Policy Plan, p. 6 -5) Transportation Significant transportation improvements are planned in the area of the proposed rezoning in the future. This includes improvements to Senseny Road (Route 657), an existing major collector road, and the construction of a new major collector road that will provide a valuable north -south link in the road network between Valley Mill Road (Route 659) and Senseny Road (Route 657), and ultimately south to Sulphur Springs Road (Route 655). This major collector road is referred to as Charming Drive and is currently under construction on adjacent developments. Charming Drive will be constructed adjacent to the eastern boundary of the Bean Property as part of the future development of the Lynnehaven, Giles, and Fu -Shep° properties. 3) Site Suitability The subject five -acre parcel does not contain any environmental features or constraints that would either hinder or preclude site development. In particular, the site does not include any areas of steep slopes. flood plain, or wetlands. There are a few areas of small shrubs and trees on the property; however, there are no significant wooded areas. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks soil association. These types of soils are common on land located east oflnterstate 81. They present some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. 4) Proiect Scope If the Bean property is rezoned and later master planned with the Lynnehaven Subdivision, the acreage of the Bean property and the Lynnehaven property would be limited to a maximum residential gross density of 2.5 units per acre, which is the same density proffered with the Lynnehaven property. Approving the requested rezoning ofthe Bean Property would allow for a more efficient distribution, REZ #04 -04, Bean Property Page 5 May 3, 2004 and a potentially higher density of residential units, than would otherwise be possible with its omission from the Lynnehaven project. Statistically, the highest number of residential units possible on the five- acre site would be 15 dwellings if master planned independently and 12.5 if master planned with the LynnehavenSubdivision. The applicant projects that eight lots will be located on the five -acre parcel in majority. 5) Potential Impacts A. Transportation Using the standards found in the I.T.E. Trip Generation Manual, 6t Edition. the proposed rezoning would increase traffic by 9.57 vehicle trips per day per lot. The applicants Impact Analysis Statement projects eight single family detached urban residential lots being created from the five -acre site. A total of 77 average vehicle trips would be generated by eight single fancily dwelling units. This translates to a projected increase in traffic on Senseny Road by 1.48% of the 2002 volume. Planning Staff Comment: There is no guarantee that eight lots will be located on the site in majority. However, there is not a significant difference between eight lots and the. statistically possible 15 lots. B. Sewer and Water The Impact Analysis Statement of the applicant states that the proposed development will demand 2,000 gallons ofwater per day. This assumes that the projected eight single-family dwellings use 250 gallons of water per day. Planning Staff Comment: The Frederick Comity Sanitation Authority had "no comments" regarding this application. C. Historic Resources Neither the Frederick County Rural Landmarks Survey or the Frederick County Comprehensive Policy Plan identify any potentially significant historic resources on the subject site. 6) Proffer Statement Dated February 18, 2004 A) Land Use Restrictions. The applicant has proffered to limit development for single family detached urban lots only. B) Monetary Contribution for County Services. The applicant has proffered to contribute the sum of $3,278.31 for each single- family detached urban lot that has the majority of the lot REZ 404 -04, Bean Property Page 6 May 3, 2004 area on the 5 -acre site. In addition, the applicant has proffered to contribute the sum of $50.000 within 30 days of Final Subdivision Plat approvals. Planning Staff Comment: The dollar amount proffered with this rezoning application is the same amount proffered in the Chnnning Drive Rezoning for the Lynnehaven, L.C. property. A lump sum payment of $50,000 is being paid in addition to the per lot payments to cover projected capital costs associated with Fire and Rescue and /or Public School services. In total, the proffered dollar amount conies close to matching the projected fiscal impact projected with the Frederick County Capital Facilities Impact Model. Assuming that 8 lots are created on the 5 -acre parcel the monetary contribution would be $76,226.48; whereas, the Frederick County Capital Facilities Impact Model projects a total impact of $77,520. This is a difference of $1,293.52. C) Monetary Contribution for Traffic Signalization. The applicant has proffered to contribute the sum of $12,000 to Frederick County which may be used as a portion of the local match for the Revenue Sharing Program for the purpose of the installation of traffic signalizationat the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). Payment of this $12,000 will be paid when a traffic light is warranted by VDOT. D) Channinil Drive Mai or Collector Road. The applicant has provide assurances that the portion of Charming Drive that traverses the eastem boundary of the five -acre parcel will be constructed and that there will be no entrances located directly off of Charming Drive to access the site. PLANNING COMMISSION SUMMARY ACTION OF 04/21/04 MEETING: There were no citizen comments for this application. Commissioners Straub and Gochenour expressed concern that the worsening of conditions along Senseny Road, especially the increasing impact to Senseny Road Elementary School, was not appropriate, regardless of the relatively limited size of the proposed development. The majority of Planning Commissioners believed that this rezoning request was appropriate. A motion to recommend approval of this rezoning application was passed by majority vote as follows: YES (For RecommendalionofApproval): Rosenberry, Triplett, Kriz, F isher, Ours, Thomas, De Fl aven, Morris, Unger, Watt NO: Gochenour, Straub ABSENT: Light RITZ #04 -04, Bean Property Page 7 May 3, 2004 STAFF CONCLUSIONS FOR 05/12/04 I3OARD OF SUPERVISORS MEETING: This Master Development Plan is consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. All ofthe issues identified by the Board of Supervisors should be appropriately addressed by the applicant. The Planning Commission recommended that administrative approval be authorized during their meeting on April 21, 2004. The applicant is seeking authorization of the preliminary master development plan by the Board of Supervisors. The Board's authorization hvill grant staff with administrative approval authority for the final master development plan. PARCEL ID NUMBER USE ZONING 55 -((A)) -206 Undeveloped (Lynnhaven Subdivision) RP District 65- ((A)) -39 Undeveloped (Sovereign Village Subdivision) RP District 7. Adjoining Property: 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Helen R. Bean and Dwayne M. Bean, Trustees of the Helen R. Bean Trust 6. A) Current Use of the Property: B) Proposed Use of the Property: Urban Housing Residential Single- family Detached 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The 5.0 -acre site is located on Bean's Pond Lane, approximately 1/2 mile north of Senseny Road. The 5.0 -acre site adjoins the Lynnhaven and Sovereign Village Subdivisions. OUTPUT MODULE APPLICANT: Bean Property Net Fiscal Impact LAND USE TYPE Residential Per Costs of Impact Credit' Credits In he Taken fo Euture TaxesPak /NPV1 REAL EST VAL $1,311,000 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE RESCUE 1 Capital Far:Mies col sum only) Oper_Cap Fgnip FxpeudlDebLS. Taxes other Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriffs Offices Administration Building Other Miscellaneous Facilities SUBTOTAL LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT METHODOLOGY 1. 2. 3. 4. 5. 6. 54,890 $42,877 525,222 536,975 515.350 $2,669 $1,579 $2,027 52,586 $134,175 NOTES: Model Run Date 07/30/03 JFC 50 INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: PLANNING DEPT PREFERENCES 1.0 Project Description: Assumes 10 Single Family Dwellings 5.0 acres zoned RP District. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 2002MODEL $7,016 $34,056 51,294 50 52,494 52,753 510,803 $36,609 0.0 $3,459 $746 5323 $0 $4.528 1.0 Ratio to Co Avg Capital facilities requirements are input to the first column as calculated in the model. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one -time taxes/fees for one year only at full value. NPV of future open cap equip taxes paid in third column as tabulated in fecal impacts. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). Total Potential Tax Credits (unadjusted) Adjustment For Revenue- Net Capital Cost Balance Facilities Impact 50 50 $41,072 529,364 $3,459 52,473 $746 $534 $1,617 $1,156 $0 $0 $5,247 53,751 552,141 $37,277 $0 $0 Rev -Cost Bal 0.533 0.715 NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed $4,890 $75,711 $12,877 $2,135 $424 $2,027 $0 $96,897 $-0 596,8971 Net Cost Per Cumlling_Untt $489 57,571 $1,286 5213 $42 5203 50 59,690 SA1 $9,6901 •J 55 A 206 LYNNEHAVEN 65 A 39 MANNING ROSS DEVELOPERS, LLC R EZ 04 04 Bean Property PIN: 55 A 208 w E 0 200 Feet :::C inn NUM C `u MI O. ul I M ME NM VMS MANNING ROSS DEVELOPERS, LLC REZ 04 04 Bean Property PIN: 55 A 208 Greenway Engineering INTRODUCTION Basic information Location: Magisterial District: Property ID Number: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: COMPREHENSIVE PLAN 1. Urban Development Area File #2185R/EAW November 4, 2003 Itean Property Rezoning Revised February 18, 2004 BEAN PROPERTY REZONING This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a five -acre (5.0) parcel owned by the Helen R. Bean, represented by the Trustees of the Helen R. Bean Trust. The subject parcel is located on Bean's Pond Lane, approximately %2 mile north of Senseny Road (Route 657). The 5.0- acre parcel is encompassed by the Lynnhaven development on the northern, western and southern boundaries and by the future expansion of Channing Drive on the eastern boundary. The current zoning is RA, Rural Areas District. The Helen R. Bean Trust proposes to rezone the 5.0 -acre parcel to RP, Residential Performance District. Please see the attached Bean Property Location Map. Bean's Pond Lane, approximately 'h mile north of Senseny Road (Route 657) Red Bud 55 -((A)) -208 RA District Residential Single- Family Detached Urban Residential Lots RP District 5.0 acres The proposed site is being developed in conformance with the Comprehensive Policy Plan. The Comprehensive Policy Plan states that suburban residential development will occur within the Urban Development Area (UDA). Senseny Road is designated as a major collector road and has been a developing suburban residential corridor since the inception of the UDA. Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 2 Greenway Engin�ng 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. A. SUITABILITY OF THE SITE Access The subject site, tax parcel 55 -((A)) -208 has access along Bean's Pond Lane. The continuation of Channing Drive will eliminate Bean's Pond Lane as development in Lynnhaven and Sovereign Village progresses. The 5.0 -acre parcel will have access through the extension of a planned local subdivision street from the Lynnhaven development. Channing Drive is a planned major collector road; therefore, direct access to the 5.0 -acre site on Channing Drive is prohibited. The 5.0 -acre parcel will have approximately 830 feet of frontage along Channing Drive. Flood Plains The subject site is located on the FEMA NFIP map #510063- 0120 -B. The site is located as "Zone C area outside the 100 -year flood plain. Wetlands Soil Types November 4, 2003 111 •ean Property Rezoning Revised February 18, 2004 The National Wetlands Inventory Map indicates that there are no wetlands on the subject site. The following soil types contained in this tract have been obtained from the Soil Survey of Fredrick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 37, and contains three soil types: 41C-Weikert Berks Channery Silt Loam 7 -15% covers 10% of this site 41D- Weikert- Berks Channery Silt Loam 15 -25% covers 80% of this site 41E- Weikert Berkis Channery Silt Loam 25 -60% covers 10% of this site The Weikert Berks Channery Silt Loam soils are not classified as prime farmland soils in Table 5 on page 123 of this document. Pile #2185R/EAW 3 Greenway Engineering November 4, 2003 il lean Property Rezoning Revised February 18, 2004 B. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned RP District South: Zoned RP District East: Zoned PR District West: Zoned RP District C. TRANSPORTATION File #2185R /EAW Undeveloped (Future Lynnhaven Subdivision) Undeveloped (Future Lynnhaven Subdivision) Vacant (Future Sovereign Village Subdivision) Vacant (Future Lynnhaven Subdivision) It is anticipated that the 5.0 -acre parcel will contain the entire lot area, or majority portion of the lot area of 8 single- family detached urban residential lots that are a minimum of 12,000 square feet. The Institute of Transportation Engineers (ITE) Trip Generation Manual, 6th Edition identifies an average daily traffic rate of 9.57 vehicle trips for single family detached housing. ITE projections suggest that 77 average vehicle trips will be generated by 8 single family dwelling units. A residence currently exists on the 5.0 -acre parcel; therefore, the net increase in traffic generation volume from the proffered rezoning is projected at 68 vehicle trips per day. The 2002 Virginia Department of Transportation Daily Traffic Volumes identifies 5,200 average daily vehicle trips on this segment of Senseny Road. The proffered number of residential units will increase the average daily traffic volume on Senseny Road by 1.48% of the 2002 volume. The development of the Lynnhaven and Sovereign Village Subdivisions will provide for the construction of Channing Drive, which will connect Senseny Road to Valley Mill Road (Route 659). Additionally, these subdivisions will provide for the development of Farmington Boulevard, which will connect to Greenwood Road (Route 656) to the east. These major collector road networks will be sufficient to accommodate the projected traffic generation from the 5.0 -acre parcel. D. SEWAGE CONVEYANCE AND WATER SUPPLY The subject site is anticipated to contain the entire lot area, or majority portion of the lot area of 8 single family detached urban residential lots that will be served by public water and sewer. A projected water demand of 250 gpd is reasonable for single family detached housing; therefore, the projected average daily water demand for the 5.0 -acre rezoning is 2,000 gpd. The Frederick County Sanitation Authority (FCSA) is currently providing between 3 -4 mgd of potable water to Frederick County and can easily accommodate the water demands associated with 5.0 -acre parcel. 4 Greenway Engineering November 4, 2003 �ean Property Rezoning Revised February 18, 2004 The Greenwood Heights Sewage Pumping Station currently accommodate sewage flows in the area of the 5.0 -acre parcel through a force main that transmits effluent to the Opequon Water Reclamation Facility on Berryville Pike (U.S. Route 7). A regional pump station is being designed for this area of the County that will provide force mains to accommodate and redirect flows from the Greenwood Heights Sewage Pumping Station, the Apple Ridge Sewage Pumping Station, the Burning Knolls Sewage Pumping Station and the U.S. 50 East Sewage Pumping Station to the Opequon Water Reclamation Facility. It is anticipated that the new regional pump station will be on -line within 18 months. A projected sewage conveyance of 200 gpd is reasonable for single family detached housing; therefore, the projected average daily sewage conveyance for the 5.0- acre rezoning is 1,600 gpd. The Opequon Water Reclamation Facility has a hydraulic capacity of 8.4 mgd; therefore, there is adequate capacity to accommodate the projected average daily sewage conveyance produced by the subject site. E. DRAINAGE The 5.0 -acre site drains to the east towards the Opequon Creek. Future development will direct storm water flows to culverts within Charming Drive to ensure continuity with the overall storm water management plan for the Charming Drive Master Development Plan. F. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual household impact to landfill volume of 5.4 cubic yards per household. Therefore, the projected average annual impact to the Municipal Solid Waste portion of the Regional Landfill is 43.2 cubic yards for the 5.0 -acre site. The Municipal Solid Waste Landfill has a current capacity of 7,800,000 cubic yards, which can easily accommodate the additional solid waste generated by this project. G. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify potentially significant structures or sites on or within the proximity of the 5.0 -acre parcel. The Comprehensive Policy Plan does not identify this area as a potential historic district, nor does it identify core battlefield areas on or within the proximity of the 5.0 -acre parcel. File #2I85R/EAW 5 Greenway Engineering November 4, 2003 a tean Property Rezoning A monetary proffer of $3,278.31 has been provided for each residential lot that will be located completely on the 5.0 -acre parcel, or if the majority of the residential lot is located on the 5.0 -acre parcel. Furthermore, a lump sum monetary contribution of $50,000.00 has been provided to cover capital costs associated with Fire and Rescue and /or Public School needs, which is to be paid within 30 days of Final Subdivision Plat approval. These monetary proffers have been provided to mitigate the impacts to public service capital facilities costs as demonstrated by the Frederick County Capital Facilities Fiscal Impact Model. All impacts associated with the rezoning of the 5.0 -acre site have been addressed in this document. H. OTHER IMPACTS File #2185R/EAW Revised February 18, 2004 6 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: Numb nd Date .d by Piwining Staff.: Date R ,DOS Heari g LDat 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. Name: Greenway Engineering Telephone: 540 -662 -4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Trustees of the Helen R. Bean Trust Telephone: 540- 667 -0375 Cell: 540 -533 -1007 Address: 561 I3ean's Pond Lane Winchester, VA 22602 3. Contact person if other than above Name: Evan Wyatt Telephone: 662 -4185 4 Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to Property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X PARCEL ID NUMBER USE ZONING 55 -((A)) -206 Undeveloped (Lynnhaven Subdivision) RP District 65- ((A)) -39 Undeveloped (Sovereign Village Subdivision) RP District 7. Adjoining Property: 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Helen R. Bean and Dwayne M. Bean, Trustees of the Helen R. Bean Trust 6. A) Current Use of the Property: B) Proposed Use of the Property: Urban Housing Residential Single- family Detached 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The 5.0 -acre site is located on Bean's Pond Lane, approximately 1/2 mile north of Senseny Road. The 5.0 -acre site adjoins the Lynnhaven and Sovereign Village Subdivisions. Acres Current Zoning Zoning Requested 5.0 RA District RP District 5.0 Total Acreage to be rezoned Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification /Location: Parcel Identification Number 55 -((A)) -208 Districts Magisterial: Red Bud I -Iigh School: Millbrook Fire Service: Greenwood Middle School: Janes Wood Rescue Service: Greenwood Elementary School: Senseny Road 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Single Family homes: X Non Residential Lots: Number of Units Proposed Townhome: Multi Family Mobile I -tome: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Owner(s): Applicant(s): l Mwr a Date: 3/i/0 Date: l 1 Planning Office, 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) (Name) Trustees of the Helen R. Bean Trust (Address) 561 Bean's Pond Lane Winchester, VA 22602 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. 010011489 Parcel: 55 Lot: 208 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) 540- 662 -4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Notary Public Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan ?My' attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 1 1 hday of M 0 rcti 200 Signature(s) 7 p4Lfi.�> 6 State of Virginia, Cit County of Frederick To-wit: I, on ir., L Niel (so a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and }}as acknowledged the same before me in the jurisdiction aforesaid this II lkhday of March, 200 Special Limited Power of Attorney County of Frederick, Virginia on Page 0213 and is described as (Phone)540- 667 -0375 Cell 540 -533 -1007 My Commission Expires: Tek raly? 2q, 2O 1.. &ai Comm:3sioned 0. hlcst c n as A)r in2 L. Sfee{pns Prepared November 2003 Bean Property Rezoning Location Map ByGreenwayEngineering Co O Q o o zz aa. F a a) v U CO N aw 010011489 :D..rA- CY THIS DEED made and dated this 21 day of August, 2001, by and between HELEN R. BEAN, Widow, hereinafter Grantor, and HELEN R. BEAN and DWAYNE M. BEAN, TRUSTEES OF THE HELEN R. BEAN TRUST U!A DATED JULY 20, 2001, on file at 561 Bean's Pond Lane, Winchester, VA 22602, either of whom may act, hereinafter Grantees. The Grantor desires to convey the hereafter described property to the Trustees of the above referenced Trust, which the Grantor has established for her benefit. There is no consideration for this conveyance, and this conveyance is exempt from the recording tax in accordance with Virginia Code 58.1 -811 A 12. In consideration of the foregoing, Grantor grants and conveys, with general warranty and English covenants of title, unto the Grantees, all of her right, title and interest in and to the following property: Parcel 1: All of that certain lot or parcel of land, together with the improvements thereon and the rights, rights of way, privileges and appurtenances thereunto belonging, lying and being situate just north of the Senseny Road in Shawnee Magisterial District, Frederick County, Virginia, containing five (5) acres, TOGETHER WITH a right of way of ingress and egress over the 56 foot strip of land between Senseny Road and the southwestern boundary of the lot of land herein conveyed, all as more particularly shown on that certain plat and survey made by Richard U. Goode, C.S., dated April 24, 1961, attached to and by reference made a part of that certain deed whereby Martin L. Bean and Helen R. Bean, his wife, acquired this property as tenants by the entireties with the right of survivorship as at common taw, from Susanna F. Schmitt and Robert J. Schmitt, her husband, said deed dated April 29, 1961 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in .Deed Book 270 at Page 130. The said Martin L. Bean died October 27, 1986, thereby vesting all of his right, title and interest in said property in Helen R. Bean. cao to r Parcel 2: All that certain tract or parcel of land, together with the rights, rights of way and appurtenances thereunto belonging, lying and being situate on the north side of East Leicester Street in the City of Winchester, Virginia, designated as No. 516 East Leicester Street, fronting on said street a distance of 60 feet and extending northward an even width for a distance of 50 feet, being adjoined on the west by an alley and being the western part of Lot 34, Block 2 of Haddox Terrace Addition as recorded in the Office of the Clerk of the Circuit Court of the City of Winchester, Virginia, in Deed Book 38 at Page 476, and being the same property acquired by Martin L. Bean and Helen R. Bean, his wife, as tenants by the entirety, with the right of survivorship as at common law, by deed from Martin L. Bean and Helen R. Bean, his wife, dated September 6, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 195 at Page 701. The said Martin L. Bean died October 27, 1986, thereby vesting all of his right, title and interest in said property in Helen R. Bean. This conveyance is made subject to all restrictions, conditions and encumbrances of record and contained in the deeds forming the chain of title to the above described property. As set forth in Virginia Code 55 -17.1, the Trust referenced herein shall not fail, nor shall any use relating to the above described property be defeated, because no beneficiaries are specified by name herein or because no duties are imposed upon the Trustees. The parties agree, and this conveyance is made upon the express condition, that the Trustees shall have, and are by this deed granted, full power and authority, without the joinder of any person whatsoever, to sell, exchange, lease, encumber, or otherwise dispose of the property interests transferred and conveyed herein, or any part thereof, at one time, or from time to time, and no person dealing with the Trustees shall be required to make further inquiry as to the right of the Trustees so to act, nor shall such person be required to inquire as to the disposition of any proceeds. The Trustees shall have no individual liability or obligation whatsoever arising from their ownership, as Trustees, of the legal title to said property, or with respect to any act done or contract entered into or indebtedness incurred by them in dealing with said property, or in otherwise acting as such Trustees, except only so far as said Trust property and any Trust funds in the actual possession of the Trustees shall be applicable to the payment and discharge thereof. The terms Trustee" or "Trustees" as used in this instrument include the singular and the plural, as the case may be, and any successor Trustee or Trustees. WITNESS the following signatures and seals: By wcitta Helen R. Bean elen R. Bean, Trustee PO C.11. .s ✓rJ (SEAL) HELEN R. BEAN TRUST U/A DATED JULY 20, 2001 EAL) By (1- 124tral-4.0, (SEAL) waynef M. Bean, Trustee STATE OF VIRGINIA AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me thisa7 day of August, 2001, by Helen R. Bean. My commission expires: 4:30 STATE OF VIRGINIA AT LARGE CITY OF WINCHESTER, To -wit: h The foregoing instrument was acknowledged before me this27 day of August, 2001 by Helen R. Bean and Dwayne M. Bean, Trustees of the Helen R. Bean Trust U/A Dated July 20, 2001. My commission expires: g -,30 Q3 This instrument prepared (without the benefit of a title examination) by: and wa Notary Public 9 3 6;./ Notary Public Fait H. Edmunds Coleman, Ill, Esquire VIRGINIA: FREDERICK COUNTY sct Bryan Coleman, P.L.C. s instrument of writing was produced to me on 12 Rouss Avenue Winchester, VA 22601 (540) 665 -4366 -o PO Cn A -aso at h certificate of acknowledgement thereto nnexed dmitted to record. Ta imposed by Sec. 58.1 -802 of and 58.1 -801 have been paid, if assessable 4 6.1. L7Ci$ VIRGINIA. FREDERICK COUNTY, (SOT. This instrument of writing as produced to me on the 2nd day of May 1961 at 9:15 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. #722 SUSANNA F. SCHMITT, ET VIR TO DNM M,TIN L. BEAN, ET UX My commission expires April 1, 1961. Giv41111der nu hand this 28th day of February01. NANCY W. GLOVER Notary Fubllc KO o al (Q3 -Coto- r� CLERK: THIS DEED made and dated this 29 day of April, 1961, by and between Susanna F. Schmitt and Robert J. Schmitt, her husband, parties of the first! I X1 1 part, and Martin L. Bean and Helen R. Bean, husband and wife, parties of the second] part. ;'ITNESSETH: That for and in consideration of the sun of Ten Dollars §10.00), cash in hand paid to the said parties of the first part, and other valuable consideration, the receipt of all of which is hereby acknowledged, the said parties of the first part do hereby sell, grant and convey, subject to the reservation hereinafter described, with general warranty of title, unto Martin L. Bean and Helen R. Bean, husband and wife, as tenants by the entireties with the right of survivorship as at common law, it being expressly intended that the estate, title and interest of the one dying shall pass to the survivor so that the survivor shall be seized and possessed of the fee simple title to said property; all of that certain lot or parcel of land, together with the improvements thereon and the rights, rights of way, privileges and appurtenances thereunto belonging, lying and being situate just North of the Senseny Road, in Shawnee Magisterial District, Frederick County, Virginia, about three miles East of the City of' Win- chester, Virginia, containing five (5) acres, and more particularly described by the plat and survey hereto attached and made a part hereof, by Richard U. Goode, C. S., dated April 24, 1961, as follows: "Beginning at (1) an iron peg in the Northwest fence line of the land of Giles, said point being 196.5 Northeast of a post at an angle in the property line between Giles and Schmitt, said post being 1992.2 feet Northeast of the Northeast side of Road No. 657; thence with 3 new division lines through the land of Schmitt N 40 deg. 32 min. W 247.2 feet to (2) an iron peg; thence N 49 deg. 32 min. E 800.0 feet to (3) an iron peg; thence S 40 deg. 18 min. E 225.9 feet to (4) a post in a fence corner; thence with Giles S 41 deg. 17 min. W. 613.2 f eet to (5) a post at an angle in Giles' line; thence with Giles S 68 deg. 40 min. I id 203.4 feet to the point of beginning, containing 5.0 Acres more or less," being a portion of that larger tract of land conveyed to Susanna F. Schmitt by deed dated November 27, 1959, from Wilma I. Allen, widow, of record in the Clerk's S.. ccA)1- -.US Office of the Circuit page 542. :description of said tract of land. The said Susanna F. Schmitt expressly reserves for her -self, her heirs and assigns an easement over and across the lot of land herein conveyed for the drainage of water from the remaining land of the said Susanna F. Schmitt ''along the natural courses of drainage now existing thereon. of Frederick County, Virginia, in D ook 260, at A reference is hereby made to said deed for a more particular The said parties of the first part do hereby grant and convey !unto the said parties of the second part, their heirs and assigns, a right of way of ingress and egress over the 56 foot strip of land of the said Susanna F. Schmitt: between the Senseny Road and the Southwestern boundary of the lot of land herein conveyed, as indicated on the plat hereto attached, upon condition that the said parties of the second part, their heirs and assigns, maintain so much of said right', ..of way strip as may be necessary for their ingress and egress over same until such ti me as said strip may be improved as a street by the said parties of the first part. The said parties of the first part covenant that they.have the right to convey said land to said grantees; that said grantees shall have quiet possession of the same; that they have done no act to encumber said land except as hereinabove mentioned; that it is free from all liens and encumbrances except as hereinabove mentioned, and that they will execute such further assurances of title as may be requisite. WITNESS the following signatures and seals hereunto affixed upon the date first above written: SUSANNA F. SCHMITT (SEAL REVENUE STAMPS ROBERT J. SCIMITT (3l $10.45 CANCELLED *1F State of Virginia County of Frederick, to wit: I, Ed L. Molden, a Notary Public in and for the County and State aforesaid, do hereby certify that Susanna F. Schmitt and Robert J. Schmitt, her husband, whose naves are signed to the foregoing writing, bearing date April 29, 1961, personally appeared and acknowledged the same before me in my County and State aforesaid. (SEAL) My commission expires March 27, 1965. Given under my hand this 29 day of April, 1961. ED L. MOLDER Po/ 13 55 0 Aa) -.�G8 ta ry a ON VI n 0 m 0 0 c ro ry T M N 0 co 1•• 0 O Q OV CF 0 0 CJ 0 0 G. G G 0 C'i, 0 0 3 p G P w m C 0 0 04 G 0 I 0 cca e"J y a 1- 0 00 P G i o` a n p N c CO H Cf H o p o O N 2 EN Z 0 Cr C M V' b 56' R 0 W 1992.2' TO ROAD NO. 657 185 2 N 49' 32' E 800.0' OTHER LAND OF SUSANNA F. SCHMITT GOWER LINE NE MOUSE 9 41' 17 W GILES PORTION OF LAND OF SUSANNA F. SCHMITT 5.0 ACRES E3 CO N N W b V) 4 MAGNETICS 1961 SCALE I 100' the Northeast side of Road No. 657; thence with 3 new division lines through the ,;]and of Schmitt N 40 deg. 32 min. W. 247.2 feet to (2) an iron peg; thence N 49 deg 32 min. E 800.0 feet to (3)•an iron peg; thence 3 1 10 deg. 18 min. E 225.9 feet to (4) a post in a fence corner; thence with Giles 5 41 deg. 17 min. W 613.2 feet to a post (5) /ac an angle in Giles line; thence with Giles S 68 deg. 40 min. W 203.4 feet to !the point of beginning, containing 5.0 Acres more or less. RICHARD U. GOODE VIRGINIA 'FREDERICK COUNTY, (SOT. This instrument of writing was produced to me on the 2nd day of May 1961 at 9:35 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. 4725 WILDE ACRES, INC. TO DEED SUSAN E. REALER THIS DEED made and dated 1959, by and between Wilde Acres, Inc., party of the party of the second part. Certified Surveyor, April :24, 1961. 4066 A n2 UA .2610 CLERK of L33 the 21st day of September first part, and Susan E. Realer, Y W I T N E S S E T H: That for and in consideration of the sum of Ten Dollars ($10.00)� 5 cash in hand paid by the party of the second part to the party of the first part, receipt of which is acknowledged, and other valuable considerations, the party of the first part does hereby grant, sell and convey with general warranty of title junto the said party of the second part, all of its right, title and interest in and to that certain lot or parcel of land described as follows: All of that certain piece or parcel of land lying in Bacic Cree Magisterial District, Frederick County, Virginia, designated as Lot 23, Block E, Section 5, Wilde Acres Subdivision, as the same is duly dedicated and recorded among the land records of Frederick County, Virginia, in Deed Book 250, at Page 127, and the plat of which is recorded at Page 10, in Wilde Acres Plat Book No. 1. This property is a part of that certain property acquired by the, party of the first part by deed dated the 20th day of May, 1959, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 257, at Page 432, from Henry B. Smoot and Dolores J. Smoot, Trustees, pursuant to a forclosure sale under that certain deed of trust executed by the Holiday Development Company on the 12th day of September, 1956, recorded in the aforesaid Clerk's Office in Deed Book 243, at Page 195, to which deeds a reference is hereby made for a more particular description of the property. The party of the first part covenants that it is seised in fee simple of the land hereby conveyed, that it has the right to convey the said land to the party of the second part, that the party of the second part shall have quiet' 5s 411- )o8 AMENDMENT Action: PLANNING COMMISSION: April 21, 2004 Recommended Approval BOARD OF SUPERVISORS: May 12, 2004 APPROVED DENIED PD Res #06 -04 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04 -04 OF BEAN PROPERTY WHEREAS, Rezoning #04 of Bean Property, submitted by Greenway Engineering, to rezone 5 acres from RA (Rural Areas) District to RP (Residential Performance) District. The subject property is located on Bean's Pond Lane, approximately '/2 mile north of Senseny Road. The site adjoins the Lynnhaven and Sovereign Village Subdivisions, and is identified by Property Identification Number 55 -A -208 in the Red Bud Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on April 21, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 12, 2004; 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 5 acres from RA (Rural Areas) District to RP (Residential Performance) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in IIP Thon the date of adoption. Passed this 12th day of May, 2004 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler PD Res. #06-04 Barbara E. Van Osten Gary Dove Bill M. Ewing A COPY ATTEST John R. Riley, Jr. Frederick County Administrator REZ 04 04 Bean I= property PIN: 55 -A -208 55 A 206 LYNNEHAVEN 65 A 39 MANNING 8 ROSS DEVELOPERS, LLC RP REZ 04 ®04 Bean Property PON: 55 A 208 1. 1111 :C a.. 1111_.._... ..I... 11 1111... ..1..111.. 11 III 200 Feet s MN IMMM MMMMM MIMES MINMENIUM MMMMM NMI Mal MMMMMMM ...n.lfl •...n.fl SEM ---.M &ILES PHASES PHASE ZONF PROP OAF 1.075 I RP 5.F.NRBAN 215 AG 2 RP 5.FARBAN 31.1 AG 3 RP 5.F.NRSAN 13.7 AG 4 RP S.FJVRBAN 11.2 AG 5 52 E85./COMG. 12.0 AG NOTE: 3.1 AG OF PHASES 1 4 2 OWNED BY FU -SHEP LYNNEHAVEN PHASES AREAS PHASE TANF PRnP IKE InTS O N SPA 6 B2 BUSJGOMG TO FA a of 1 nrS 1 IOA A G 10.0 AG RP 5.FsURBAN 32.1 AG 95 A.0 1.6 AG 45.2 AG 112 5 RP 5.E.ARBAN 28.0 AG 4.7 AG 1.8 AC 2.3/AC 33.2 AG 91 2.7 /AG FUTRAL /SHEPPARD PHASES PHASE 9 10 AREAS ZONE PROP IKE I OT5 RW RP 5.FJURBAN 32.1 AG 5.2 AG RP S.F./URBAN 32.2 AG AREA TABULATIONS AREAS RW OPEN SPACE TOTAL A PA a OF 10TS p I.K T- 7.4 AG 2.6 AG 31.3 AG 90 2.4 /AG 1.2 AG 12.0 AG 53.3 AC. 144 2.1 /AG 5.3AG 17.3 AG 31.1 AG 90 2.4 /AG 25 AG 4.2 AG 15.5 A 38 3.1 /AG 12.0 AC TOTAI RFS TOTAI a GROSa AREA OF 1 OT5 DENSITY 144.1 362 23 /AG TOTAI OPEN SPACE 49.5 AG TOTAL RFS AREA 81.4 AC TOTAI AREA 965 AG 322 AG TOTAI RF5 AREA 125.1 OPEN SPACE TABIII ATION REQUIRED (354.2 AGX0.15 53.1 ACRES PROVIDED 95.0 ACRES OR 26.8% MalAnsTALSAI POND AREA IN OPEN SPACE 8.1 ACRES STEEP SLOPE AREA IN OPEN SPACE 22.4 ACRES TOTAL ENVIRONMENTAL AREA IN 0/5 48.9 ACRES OPEN SPACE NO r IN ENVIRONMENTAL AREAS 565 ACRES OW ERS SIGNATURE a OF LOTS 212 11 TOTAI OF OTS 283 2.2 /AG E �V DFNSITY 2.2/AC 2.2 /AC GRO55 DENSITY 2.2 /AG 2 REZONING #04 -04 Bean Property Thank you Mr. Chairman and members of the Planning Commission. I. GREETINGS April 21 14 Planning Commission Meeting Prese +n Outline 0 II SUMMARY The Bean Property Rezoning Application is a petition to rezone 5 acres from the RA District to the RP District. The Bean Property is surrounded by the Lynnhaven and Sovereign Village Subdivisions in the Red Bud Magisterial Districtapproximately `/z mile north of Senseny Road. ChanningDrive, which is currently u construction, will t* T t tsw.\ CA Q AW oY Tt M. 1) location ma\v ILLUSTRATIONS ultimately pass along the eastern property line of the parcel. N ,tt. The property is located within the Urban Development Area. There are no known environmental features or historical resources which exist on the property. The applicant has indicated that the intent of this rezoning is to incorporate the e 5 acres into the Lynnehaven Subdivision. This exceersise would require a revised master development plan of the Lynnehaven Subdivision. Through a master development plan revision, the Lynnehaven Property and the Bean Property would comply with the 2.5 residential units per acres which were proffered through the Lynnehaven Property rezoning. Designing the development in this manner would allow for more residential units overall, but not necessarily a higher gross residential density. w 41 Capital Facility Impacts are projected by the Frederick County Capital Facilities Impact -9' 1 t Model to be $9,690 per lot. The applicant has r, k4i'4�4 proffered to contribute At% SO $331 per lot, which is the same amount proffered per lot for the Lynnehaven t tAt l Subdivision. In addition, the applicant is proffering a lump sum contribution of $50,000 fill to Frederick County for capital facility impacts and a $12, 000 contribution to help pay for tv installation of a traffic light at the intersection of Greenwood Road and Valley Mill 1 j' I f single family deta t dwe�'ngs; assurance that Z Channing u Drive tl1 will be than y 1 a constructed along the eastern boundary of the parcel; and restriction of any entrances off of Channing Drive. Access will come from local roadia through the Lynnehaven Subdivision. in I I CLOSING REMARKS met, PPpv,) App'.q; II I�4I oc,„el�r u cr P r Z 0 The applicant should be prepared to address all of staff's concerns, and any other concerns identified, to the satisfaction of the Planning Commission prior to a recommendation to the Board of Supervisors. I would be glad to answer any o fS u p erv isors. I would be glad to answer any qur estions that you may have. LAN LEVk 3 2 z6 3 AP! 6Z ao s. c.10. r k7 �o S C? Z� a�c. a /.I- /rr�cc.