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55A176B_ValleyMillEstates(CameronGroup)AN ORDINANCE AMENDING 1 $ ► / us' #004 -96 of Valley Mill Estates (Cameron Group) • WHEREAS, Rezoning Application #004-96 of Valley Mill Estates (Cameron Group) to Rezone 1.0731 Acres from RA (Rural Areas) to RP (Residential Performance) which is located north of Valley Mill Road (Rt. 659), 3/4 miles east of Greenwood Road (Route 656), and is adjacent to the Mill Race Estates Subdivision; and WHEREAS, the Planning Commission held a public hearing on this rezoning on August 21, 1996; and AMENDMENT Action: PLANNING COMMISSION BOARD OF SUPERVISORS ;- 1 1.11'11 - . U11 • 11. -1 - 1 ". WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on September 11, 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; 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 changel.0731 acres, designated by PIN 55- A -176B, from RA (Rural L7 • Areas) to RP (Residential Performance) 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 effect on the date of adoption. Passed this 11th day of September, 1996 by the following recorded vote: James L. Longerbeam, Chairman Aye Richard C. Shickle Nay W. Harrington Smith, Jr. Aye Charles W. Orndoff, Sr. Aye Margaret B. Douglas Robert M. Sager A COPY ATTEST Aye Aye John R. Rile , Jr. Fre e tck County Administrator 0 REZONING REQUEST PROFFER VALLEY MILL ESTATES Jul dlsss =i THE CAMERON GROUP = Rr DEPT. OF PLANNING AND OEVELDPMENI PRELIMINARY MATTERS Pursuant to Section 15.1 -491.1 et. seq., of the Virginia code, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to the conditional zoning, the undersign hereby proffers that in the event the Board of Supervisors of Frederick Co., VA shall approve Rezoning Application 900 +46for the rezoning of approximately 1.0731 acres from RA Zoning District, development of the subject property shall be done with terms and conditions set forth herein, except to the extent that such term 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 adverse effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. GENERAL DEVELOPMENT PLAN The subject property is to be attached the Valley Mill Estates Subdivision so that Lots 8- 12 are increased in acreage. This will not impact the approved subdivision in any aspect other than adding acreage to the total project. The total number of lots and general site configuration will remain the same. CONCESSION OF ATTACHMENT PARCEL TO APPROVED SUBDIVISION As we, the undersigned currently own the subject property, we hereby voluntarily proffer that if the Board of Supervisors for the County of Frederick, Virginia approves the rezonin for this 1.0731 acre tract, more or less, from RA to RP the undersigned will concede to Frederick County that this property will become a part of the presently approved Valley Mill Estates Subdivision and will be attached to the subdivision so that: 1) the approved subdivision does not increase in number of lots and 2) the lots in Section 2 of the subdivision will be increased in acreage by the addition of portions of this 1.0731 acreage parcel being attached to those lots of Section 2. 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 Board of Supervisors of Frederick Co., VA 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, CAME G / i ,r�•/! STATE OF VIRGINIA, CITY OF WINCHESTER, To -Wit: I, Tami S. Cunningham, a Notary Public in and for the State and City aforesaid, do hereby certify that Richard W. Pifer, on behalf of Cameron Group, has personally appeared before me this 6th day of June, 1996, and acknowledged the same in my State and Jurisdiction aforesaid. My Commission expires: May 31, 1997. i TARY PUBLIC 0 2