77A26_OakcrestBuildersIncCOUNTY ZONING ORDINANCE
Approvals:
Planning Commission December 6, 1989
Board of Supervisors January 10, 1990
An ordinance amending the zoning district map for application
023 -89 of Oakcrest Builders, Inc.
WHEREAS, Rezoning application #023 -89 of Oakcrest Builders, Inc.
to rezone 23.2282 acres from RA (Rural Area) to B -2 (Business
General) , located at the intersection of State Route 644 and US
Route 50, tax map 77, parcel 26 -0, in the Shawnee District was
referred to the Planning Commission on December 6, 1989 ; and
je WHEREAS, the Planning Commission held a public hearing on this
application on December 6, 1989; and
WHEREAS, the Planning Commission received a draft statement of
conditions proffered prior to the public hearing; and
WHEREAS, the Board of Supervisors held a public hearing on this
application on January 10, 1990; and
WHEREAS, the Board of Supervisors received a signed statement of 7
conditions proffered prior to the public hearing; and
WHEREAS, the Frederick County Board of Supervisors finds this
rezoning to be in the best interest of the public health, safety,
welfare, convenience and good zoning practice;
THEREFORE, RESOLVED by the Frederick County Board of Supervisors
as follows:
That Chapter 21 of the Frederick County Code, Zoning Ordinance, is
amended to revise the Zoning District Map to change 23.2282 acres
from RA (Rural Area) to B -2 (Business General) located at the
intersection of State Route 644 and US Route 50, tax map 77, parcel
260, in the Shawnee District as described by the application and
plat submitted, subject to the following conditions voluntarily
proffered in writing by the applicant and property owner as
follows:
r
i
COUNTY of FREDERICK
J Department of Planning and Development
703/665 -5651
FAX 703/667 -0370
This ordinance shall be in effect upon its passage.
Passed this 8th day of November, 1989.
A Copy Teste
Q:�'k-x A
l /
John ley, Jr. I v
Frederick County Administrator
9 Court Square P.O. Box 601 Winchester, Virginia 22601
40
AMENDED REZONING PROFFER
APPLICATION DATE: October 31, 1989
APPLICANT: Oakcrest Builders, Inc.
2023 Valley Avenue
Winchester, Virginia 22601
PROPERTY: 23.2282 Acres at the intersection of State
Route 644 and U.S. Route 50, on the West side
of U.S. Route 50 and South side of S.R. 644
Shawnee District, Frederick County, Virginia
REQUESTED ZONING: From RA to B -2
ZONING REQUEST NO: 023 -89
The undersigned, sole owner of the land to be rezoned under
Zoning Request No. 023 -89, referred to as the Oakcrest Builders,
Inc. Rezoning Application and the Applicant for said rezoning,
hereby voluntarily proffers the following conditions. The
conditions proffered shall be binding upon the assigns and
successors in interest of the Applicant /Owner. In the event the
Frederick County Board of Supervisors grants said rezoning and
accepts these conditions, the following proffered conditions shall
apply to the land rezoned in addition to other requirements set
forth in the Frederick County Code:
1. The Applicant will dedicate an additional strip of land
along the eastern boundary of Route 644 to the Commonwealth
of Virginia, which strip of land is set forth and shown on the
plat of the subject property prepared.by Gilbert W. Clifford
& Associates, Inc. and submitted with the Rezoning
Application. Said plat is incorporated herein by reference
as if set out in full. Said strip of land may be used for
highway purposes as future needs require.
2. That the only permitted uses for said property under the
B -2 zoning would be for offices and uses in connection with
the acquisition, development, construction and sales of real
estate, together with the incidental and accessory uses
incident thereto.
3. That all uses on site shall have vehicular access to
Route 644 and not more than one entrance onto Route 50.
4. That the parking of heavy equipment used in the
construction business shall not be a permitted use of the
premises, provided, however, that company trucks not to exceed
one -ton capacity shall be allowed hereunder.
5. That the office building which the Applicant shall erect
initially on the subject property shall be in substantial
conformity as to matters of design and appearance with that
certain artist rendering drawn by John T. Massie Landscape
and Design and filed with the Department of Planning and
Zoning, with the exterior of said building to be primarily
brick.
6. That no additional off -site drainage, except onto the
Route 50 corridor, shall be created by any such improvements
erected or constructed on the premises by Applicant.
7. That the existing dwelling house located on the premises,
situate on the Southern boundary of the 23.2282 tract, which
the Applicant petitions to have rezoned to B -2, shall continue
as a residential use even though a portion of said dwelling
house falls within the proposed B -2 zoning classification.
8. That the applicant will plant a row of white pine trees
2' to 4' in height along the eastern boundary of the property
sought to be rezoned (960' boundary line adjacent to Deerfield
Estates) , which trees shall be planted in a staggered row and
distanced 10' apart.
• DATE: December 29, 1989
Respectfully submitted,
OAKCREST BUILDERS INC.,
By
ES T. VICK RS, PRESIDENT
OWNER AND APPLICANT
xc: Lawrence R. Ambrogi, County Attorney
I;-
0 2
I �
L_&gy vx
. . .........
\x, I
j�,
............
.. ..........
............... .
- --------- , aWA,
� �.xv'
. ......... ...
L
4 I�W
_7
F, D V\4_1
IBM E
US. ROUTE 50 V
'4
'A' •7
PROJECT All'11I
9'22-1 2'E
... .......
5 2'
L/
14
75,6
N71 -042.9"E
52
x
'All
Z,)
C
NF y
RICIIARDA. DYE 12
DB 431- P 686
31
ZOINEL. 101
ON D:
Exis,riNG USE: RESIDEN'f IAL It, I.-,, - J 1 11
XIST
ACP
�t.. j
_-EXISTIN 31ZONINGn
P,'. - A
4
ps NJ. ............. . . A C04 ner
O
N
til A
ADDI II HIGHWAY
DEDCA r" AS RE-QJIRED
4 C4
INA"
e!
WA-LLME BROWN
'7 77*j
D13 380 - P 88
ZONE1. RA
L ,xis,rING USE: RESIDENTIAL
i. j
-1/ �4•
400P
1000,
VICINI-TY MAP
1" = 2000'
150
.-W
N 31' 4.i
_._. ','-'-/-',-�'`
7T
t V7
N. ..... . ....
Mutt 7
ikREA SUMMARY . ....... ...
'Fo'rAL j\RE,\TO BE REZONED: 23.2282 Acres
.NMAGISFER1,AL D1S,rRicr: SHAWNEE
EX. ZONE: R, EAU 'I A
N( E
PROP. ZONE: B-)
0
c
Proposed Use: Office Buildiiigs, sales offices, fimaacial institutions 6
�T
and other uses incidentthereto. '
----------
f ES:
1 Boundary information taken from plat of survey by G.W. Clifford Assoc.,
Inc. dated June 7, 1989.
/F
2. Aerial pholos for mapping taken by Air Photographics of Martinsburg, WILLL L. FL�rCHER
West Virginia dated March 2, 1989. 0
3. Contour mapping plotted by Air Survey Corp. of Herndon. Virginia dated o0e
July 19, 1989,
r a(ZONED: I
L- is, ING USE
k
�'7
OWNER/APPLICAN'r: CAKCRES'r BUILDERS, INC. ON,
ADDRESS:
2023 VALLEY AVE. 1011 S
C EKF BUIL ERS9 IN
WINCHES'TER, VA 22601 1)13
-103
(3 USE*. ........... ..
PHONE NUMBER: 1 11, 1 .e/_ SA.
_046)."A �NIAIM,
44. 75 A
ES
0
ZON RA
.--'N/ F
RED DIE . ....... .. .
RUDSON
Lar a
FlAk
S
,4 1 V. ilk* RE
L _51DEN'
CNIS qNG U
lolki
AREA TO REZONE - 23.2282 ACRES
. ...... . — -----
REMAINING - 44.2415 ACRES
.............
1 '(3
NZ
TOTAL AREA=67,4757 ACRES T CONTOUR LINF_�S Ei Lit
. .........
llbc:11 4V.
<
N V
&
I i f foii�:
v
If
vt�
&"01 (1111) YO7t15 Otit<J/7 :*Ltq
X
DFIS. .101� NO
. . ..............
DRWN. 0-8 11:. AUG. 190F
'F
.. ........
OF SHF
A P P. SCAL.F� I n
. ..... . ... z
'r0P0()1r'1AP111C SUHVEY .........
x
of the land of
NIMIGAIVET P. OANNE-rl
FIREOF-filr3K COUN FY, VIIIIGINIA
RI V I S 10 N S
pp
Matt , by ckd.
Reviser> a U o 5 -f -Pez ow �je
EHI
I
P6
EA [A'N ✓
ZONED'
.... . ..... .
N11 5144 W
2229.72' . ...........
............
_v.
. ....... .
'101111 Thomas NI-assle
Post OfTice 130x455
Nviliclicsterl virglilla
6 19))
Design
22601,