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86A20_WoodsideEstatesAMENDMENT FREDERICK COUNTY ZONING ORDINANCE Planning Commission Ortnhpr 6,1993 - Rprammendprl Dg -ninl Board of Supervisors January 12,1994 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #003 -93 of WOODSIDE ESTATES WHEREAS, Rezoning application #003 -93 of Woodside Estates was submitted to rezone 28 ® acres, located west and adjacent to Route 641, approximately 0.25 miles south of the intersection of Route 277 and Route 641, behind the Jamesway Shopping Center, and designated by PIN 86- A-20 in 'the Opequon Magisterial District, from RA (Rural Areas) to RP (Residential Performance); and, WHEREAS, the Planning Commission held a public hearing on this application on October 6, 1993; and, WHEREAS, the Board of Supervisors held a public hearing on this application on January 12, 1994; 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 in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, That Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 28 acres, designated as PIN #86 -A -20, from RA (Rural Areas) to RP (Residential Performance) as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner: This resolution was approved by the following recorded vote: Richard G. Dick Aye Jimmie K. Ellington Aye W. Harrington Smith, Jr. Aye James J. L.ongerbeam Aye Charles W. Omdoff, Sr. Aye Robert M. Sager This ordinance shall be in effect upon its passage. Passed this 12th day of January, 1994. is LI A Copy Attest Joh Riley, Jr. Fre County Administrator Nay September 30, 1993 PROFFERS WOODSIDE ESTATES REZONING APPLICATION 1. Preliminary Matters. Pursuant to Section 15.1 -491.1 et se q., 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 #003 -93, for the rezoning of 28.5 acres from RA zoning District to the RP Zoning District (the subject property) development of the subject property shall be done in conformity with the Frederick County Zoning and Subdivision Ordinances and in substantial 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 in accordance with Virginia law. 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 or their legal successors and assigns. 2. Generalized Development Plan. ,® The development of the subject property and the submission of any Master Development Plan will provide for single family lots of 10,000 to 12,000 square feet with a total of 66 lots, 25% open space and curb and gutter as set forth preliminarily on the lot layout attached hereto marked Exhibit One and made a part hereof. 3. Monetary Contribution to Offset Capital Costs of Development on Schools. The Applicant shall pay to the County's general fund the sum of Three Thousand Three Hundred Ninety Dollars ($3,390.00) for each lot or parcel which is approved for development for single family residences. Payment of such sums • shall be made prior to the issuance of building permits on each lot. 4. Monetary Contribution to Offset Capital Costs on Parks and Recreation. The Applicant shall pay to the County's general fund the sum of Four Hundred Sixty Dollars ($460.00) for each lot or parcel which is approved for development for single family residences. Payment of such sums shall be made prior to the issuance of building permits on each lot. 5. Monetary Contribution to Offset Capital Costs on Fire and Rescue Services. The Applicant agrees that it shall donate the sum of 1�- 2 - Twenty -three Dollars ($23.00) to the Stephens City Fire and Rescue Company for each lot approved, which money shall be paid at the time of the final platting of the approved lots. JA Ap M STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this ® 4�! day of oo o ge_ f74 , 1993, by Billy J. Tisinger, Agent for Jasbc, Inc. and Fred L. Glaize, III, Applicants. My commission expires ze Q Gff 3 / % Not ry Public ® -3- rA ea: 27.81 Acres Type: Cluster )00 to 12,000 st Lots) ts: 66 ro space Required: 25% Other: Curb & Gutter Required Cluster Lot Layout County of Frederick Virginia Scale: V - 200' gilbet w. chffoM