86A21_WoodsideEstatesIIAMENDMENT
Action:
PLANNING COMMISSION: December 6. 1995 - Recommended Denial
BOARD OF SUPERVISORS: June 12. 1996 — Approved
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#006 -95 of WOODSIDE ESTATES Td
WHEREAS, Rezoning Application #006 -95 of Woodside Estates to rezone 36.4589 acres
from RP (Residential Performance) to RA (Rural Area) which is located on the west side of
Double Church Road (Route 641) and south of the intersection with Fairfax Pike (Route 277),
and is designated with PIN 86 -A -21 in the Opequon Magisterial District, was submitted for
consideration; and,
WHEREAS, the Planning Commission held a public hearing on this rezoning on December
6, 1995; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on June 12,
1996; and
WHEREAS, the Frederick County Board of Supervisors finds the adoption of this rezoning
to be in the best interest of the public health, safety, welfare, and in good zoning practice;
Ij
0
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 36.4589 acres, designated by PIN 86 -A -21, from RP
(Residential Performance) to RA (Rural Area) as described by the application and plat
submitted, subject to the following conditions voluntarily proffered in writing by the applicant
and the property owner.
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of June, 1996 by the following recorded vote:
James L. Longerbeam, Chairman Abstained Richard C. Shickle Nay
W. Harrington Smith, Jr. Aye
Charles W. Orndoff, Sr. Aye
Margaret B. Douglas
Robert M. Sager
A COPY ATTEST
bi40-
Jo R. 'ley, Jr.
Frederi& County Administrator
a
Aye
Aye
REZONING REQUEST PROFFER
Property Identification Number 86- ((A)) -21
WOODSIDE ESTATES II
JENI COMPANY
11'
�•,�
AND
Preliminary Matters
Pursuant to Section 15.1 - 491.1 et. sea., 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 #006 -95 for the rezoning of approximately 36.4589 acres from
RA Zoning District to the RP 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 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 and their legal successors or assigns.
General Development Plan
The development of the subject property and the submission of any Master
Development Plan will provide for a street layout connecting with the State Route
641, known as Double Churches Road, and, as shown on the attached Addendum
"A" - Street Layout Plan for Woodside Estates II.
Voluntarily proffered as part of the Street Layout Plan are improvements to
relocate State Route 641 (Double Churches Road), as shown, adding turn lanes for
Woodside Estates II as approved by the Virginia Department of Transportation
(VDOT). These improvements will be provided as required by VDOT as part of
Phase Two of the Woodside Estates II subdivision.
The rezoned property shall not be subdivided into more than eighty (80)
single family home lots and there shall not be constructed thereon more than eighty
(80) single family detached houses and no apartments, duplexes or other multi-
family buildings shall be constructed on the property.
Monetary Contribution to Offset Impact of Development
The undersigned, who owns the above described property deeded from Joel O.
and Lucita M. Stowe hereby voluntarily proffers that if the Board of Supervisors for
the County of Frederick, Virginia approves the rezoning for the 36.4589 acre tract,
lying on the east side of Double Churches Road just South of the intersection of
Double Church Road (641) and Fairfax Pike (277) in the Opequon Magisterial District
of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick
County, at the time a building permit is issued for each lot, the sum of three
thousand nine hundred and seven dollars ($3,907.00) per approved lot (for Parks
and Recreation Department, Schools, and as otherwise directed by the County and
j
:6
PAGE
PROFFER STATEMENT
REZONING REQUEST PROFFER
Property Identification Number 86- ((A)) -21
WOODSIDE ESTATES
JENI COMPANY
shown on attached Addendum 'B ") plus, twelve dollars and sixty cents ($12.60) per
approved lot to be paid directly to the Stephens City Fire and Rescue Company. In
essence, the total sum of three thousand nine hundred nineteen dollars and sixty
cents ($3,919.60) will be paid at the time a building permit is issued for each lot.
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in interest of the Applicant and Owner. In
the event the Frederick County Board of Supervisors grant said rezoning and accepts
these conditions, the proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully submitted,
• PROPER OWNER
By: k_x6_)1Vr
C PANY
STATE OF VIRGINIA, AT LARGE
CITY OF WINCHESTER, To -wit:
The foregoing instrument was acknowledged before me this `7 day of
June, 1996, by Billy Joe Tisinger of JENI Company.
My Commission expires i 4'(0
l
Not r)Public
0
1 ,r.
1 M
- -`�
}Jl_
�n ClY
op"
State Route 841
W. Clifford Unand Associates,
olect S
Total Area: 78.4589 Acres
Housing Type: Single Family Detached Urban
(12,000 of Lots)
Toted Lots: 79 Lots O 12,000 of
2 Lot* O 1 Acres t
Open Space Required: 15%
Curb k Gutter and Sidewalks Required
li
EXISTING
WOODSIDE
SUBDIVISION
opm
\zJ
r l
r�
L_ I I I I
r�1J
J_ _�1 L.L -
J
L� I I
1__J
1�
Street Layout
IDUM "At' STREET LAYOUT PLAN
4411 ,
I
FVR NM
ph-N
MON
4�r �:,�
TOODWI 19STITM
B=ON 9
MASTER DECOPMENT PLAN
'44
4411 ,
I
FVR NM
ph-N
MON
4�r �:,�
TOODWI 19STITM
B=ON 9
MASTER DECOPMENT PLAN
CJ
0
ADDENDUM 'B"
MONETARY IMPACT OF DEVELOPMENT
BREAKDOWN OF IMPACTS BY CATEGORY
SCHOOLS $ 3,316.00 PER UNIT
PARKS $ 591.00 PER UNIT
FIRE & RESCUE
$ 12.60 PER UNIT
BURR P. HARRISON 1904 -1973
WILLIAM A.JOHN5TON
H. K. BENHAM Iff
BILLY J. n5INGER
BRUCE E. DOWNING
IAN R.D.WILLIAMS
TRAVIS JOSEPH T151NGER
Mr. Kris Tierney
County of Frederick
107 North Kent Street
Winchester, VA 22601
HARRISON F3 JOHNSTON
ATTORNEYS AT LAW
POST OFFICE BOX 809
WINCHESTER, VIRGINIA 22604
June 21, 1996
Re: Woodside II Subdivision
Dear Kris:
STREET ADDRESS:
21 S.LOUDOUN STREET
WINCHESTER, VIRGINIA 22601
TELEPHONE
AREA CODE 540
667 -1266
FM NO.
540-667 -1312
Attached hereto is a revised statement from Jeni Company
concerning the payment of the fire and rescue proffered amounts
that can be placed in the Woodside II file.
• Sincerely,
BJT:jdw illy J. Tisinger
Enclosure
OEPT. OF F OIV 111-r r
AND ONE:OP'aESY.
..
STATEMENT
As a clarification of the proffers heretofore presented,
this is to state that the fire and rescue amounts, with regard to
the Woodside II rezoning will be paid to Frederick County, on a
per lot basis, at the time that a building permit is issued for
each lot.
'F8h
a
C�