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Home My WebLink About04-04 Proffer StatementAMENDMENT Action: PLANNING COMMISSION: April 21, 2004. Recommended Approval BOARD OF SUPERVISORS: May 12, 2004 a APPROVED DENIED WHEREAS, Rezoning #04 -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 %z 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. PD Res #06 -04 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04 -04 OF BEAN PROPERTY This ordinance shall be in effect on the date of adoption. Passed this 12th day of May, 2004 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. VanOsten Aye Gina A. Forrester Nay Gary Dove Aye W. Harrington Smith, Jr. Aye Bill M. Ewing Aye Lynda J. Tyler Aye PD Res. #06 -04 A COPY ATTEST Jo a Riley, Jr. Fre'erick County Administrator Greenway Engineering Preliminary Matters November 4, 2003 Revised February 4, 2004 Revised February 18, 2004 BEAN PROPERTY REZONING Tax Parcel 55-((A))-208 Red Bud Magisterial District 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 Troffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #oy —OjI for the rezoning of 5.0 acres from the RA, Rural Areas District to establish 5.0 acres of RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the land owned by The Trustees of the Helen R. Bean Trust being all of Tax Map Parcel 55 -((A)) -208, and further described by Deed Instrument 010011489 recorded August 27, 2001 in the Frederick County Clerk of the Court Office. The applicant hereby proffers the following: A.) Land Use Restrictions The applicant hereby proffers that the 5.0 -acre site shall be limited to single family detached urban lots. B.) Monetary Contribution for County Services The applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia at the time of building permit issuance $3,278.31 for each single family detached urban lot that is located completely on the 5.0 -acre site, or for each single- family detached urban lot that has the majority (more than 50 of the lot area located on the 5.0 -acre site. File #2185RJEAW l Greenway Engineering. 0 This per lot monetary proffer provides for: November4, 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.) Channing Drive Major Collector Road The applicant hereby proffers to develop the portion of Channing 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. Pile #2185R/EAW 2 Greenway Engineering November 4, 2003 E.) Signatures Respectfully Submitted: Commonwealth of Virginia, City Countyyyf -kYeciohick- File #2185R /EAW Revised February 4, 2004 Revised February 18, 2004 By: 'e due 1/� i 3 f /V Trustees of the Helen R. Bean Trust ate To Wit: Bean Property Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. The foregoing instrument was acknowledged before me this I i day of Ma✓Gk1 2004 -by de k i Bea vi Notary Public My Commission Expires Febv+ktvtj 2R. za was carn.rn istloned- a. i vr. t cis Tb nncz L•s- feeitezns 3 Greenway Engineering Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 5.0 acres from the RA, Rural Areas District to establish 5.0 acres of RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the land owned by The Trustees of the Helen R. Bean Trust being all of Tax Map Parcel 55 -((A)) -208, and further described by Deed Instrument 010011489 recorded August 27, 2001 in the Frederick County Clerk of the Court Office. The applicant hereby proffers the following: A.) Land Use Restrictions November 4, 2003 BEAN PROPERTY REZONING Tax Parcel 55 -((A)) -208 Red Bud Magisterial District Bean Property Rezoning The applicant hereby proffers that the 5.0 -acre site will be limited to twelve (12) single family detached urban lots. B.) Monetary Contribution to Offset Impact of Development The undersigned 'owners of the above described property hereby voluntarily proffer that in the event rezoning application is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia at the time of building permit issuance $9,690 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 of the lot area located on the 5.0 -acre site. File #2I85R/EAW 1 Greenway Engineering November 4, 2003 Bean Property Rezoning C.) Generalized Development Plan The applicant hereby proffers to provide a Generalized Development Plan for the 5.0- acre parcel that depicts the location of Channing Drive, road efficiency buffer areas, residential land use areas and state maintained road access. The Generalized Development Plan shall serve as the guide for the Subdivision Design Plan for this acreage. D.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Trustees of the Helen R. Bean Trust Date Commonwealth of Virginia, City /County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by, My Commission Expires Notary Public File #2185R /EAW 2 candice mills From: Jeremy F. Camp Ijcamp @co.frederick.va.usj Sent: Wednesday, July 30, 2003 11:54 AM To: candice mills Subject: Re: Bean Property Hi Candice: Hope things are going well for you! As you requested, I've attached the OUTPUT for the County's 2002 Fiscal Impact Model with this email. It is saved in Lotus 123 format. The net cost per dwelling unit is projected to be 9,690 dollars. I look forward to reviewing a preliminary submission of this rezoning application. Jeremy candice mills wrote: 7/31/2003 Hi Jeremy, Can you run the Fiscal Impact Model on the Bean property for 10 lots. The PIN# for this property is 55 -A -280 and it is 5.0 acres. It is in the Red Bud Magisterial District and is served by the following: Greenwood Volunteer Fire and Rescue Company Senseny Road Elementary School James Wood Middle School Millbrook High School When your done could you please e-mail me the results. Thank You, Candice Mills Page 1 of 1 O Q c -n a o z GENERALIZED DEVELOPMENT PLAN BEAN PROPERTY REZONING RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VA GREENWAY ENGINEERIN( 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 Engineers Telephone 540- 662 -4185 Surveyors FAX 540- 722 -9528