63A3_WestridgeSubdivisionSectionIII1
0
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#003 -97 of WESTRIDGE SUBDIVISION, SECTION III
WHEREAS, Rezoning Application #003 -97 of Westridge Subdivision, Section III, requested the
• rezoning of 9.81 acres currently zoned RA (Rural Areas) to RP (Residential Performance); and
identified with P.I.N. 63 -A -3. The property is located adjacent to the Westridge Subdivision with
access from West View Lane via Middle Road (Rt. 628) in the City; and
WHEREAS, 'the Planning Commission held a public hearing on this rezoning on August 6,
1997; and
AMENDMENT
Action:
PLANNING COMMISSION:
BOARD OF SUPERVISORS
Recommended Approval on August 6, 1997
Approved on September 10, 1997
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on
September 10, 1997; 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 9.81 acres currently zoned RA (Rural 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 10th day of September, 1997 by the following recorded vote:
James L. Longerbeam, Chairman Yea Richard C. ShickIe
W. Harrington Smith, Jr. Yea Margaret B. Douglas
Charles W. Orndoff, Sr. Yea Robert M. Sager
A COPY ATTEST
9246d-� .
John iley, Jr. /
Frederick County Administrator
U
Yea
Yea
Yea
® G:WGENDAS\REMNE\WEMIDG.RES
PDRa X011.97
® REZONING REQUEST PROFFER
Property Identification Number 63- ((A)) -3
WESTRIDGE
GLAIZE DEVELOPMENTS, INC.
Preliminary Mat ters
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 # (: - ° L for the rezoning of approximately 9.81 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 undersigned, who owns the above described property hereby voluntarily
proffers that if the Board of Supervisors for the County of Frederick, Virginia
® approves the rezoning for the 9.81 acre tract, lying on the west side of Middle Road
in the Back Creek Magisterial District of Frederick County, Virginia from RA to RP,
the undersigned will submit a Master Development Plan that will provide for a
street layout connecting with the State Route 628 (Middle Road) via West View
Lane, and, as shown on the attached Addendum "A" - Proposed 50' R /W, Concept
Plan for Westridge, Section III, dated February 19, 1996.
The undersigned voluntarily proffers that the rezoned property shall not be
subdivided into more than twenty -five (25) single family home lots and there shall
not be constructed thereon more than twenty -five (25) single family detached
houses and further no apartments, duplexes or other multi - family buildings shall be
constructed on the property.
Consumer Notification
The undersigned, who owns the above described property hereby voluntarily
proffers that if the Board of Supervisors for the County of Frederick, Virginia
approves the rezoning for the 9.81 acre tract, lying on the west side of Middle Road
in the Back Creek Magisterial District of Frederick County, Virginia from RA to RP,
the undersigned will provide notice to each new lot purchaser that this property is
located in Frederick County and that various governmental services may be
different than the portion of the Westridge subdivision that is located outside of
Frederick County.
C �
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PAGE 2
® REZONING REQUEST PROFFER
Property Identification Number 63- ((A)) -3
WESTRIDGE
GLAIZE DEVELOPMENTS, INC
Monetary Contribution to Offset Impact of Development
The undersigned, who owns the above described property hereby voluntarily
proffers that if the Board of Supervisors for the County of Frederick, Virginia
approves the rezoning for the 9.81 acre tract, lying on the west side of Middle Road
in the Back Creek Magisterial District of Frederick County, Virginia from RA to RP,
the undersigned will pay to Frederick County, at the time a building permit is
applied for, the sum of four thousand one hundred seventy-two dollars and twenty-
eight cents ($4,172.28) per approved lot ($3,581.20 for Schools and $591.08 for Parks &
Recreation) plus, twelve dollars and sixty-one cents ($12.61) per approved lot to be
paid to Frederick County for the Stephens City Fire and Rescue Company. In
essence, the total sum of four thousand one hundred eighty-four dollars and eighty-
nine cents ($4,184.89) will be paid at the time a building permit is applied for, for
each lot approval.
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,
PROPERTY OWNER
By: y 'A \� 011
GLAIZE DEVELOPMENTS, INC.
STATE OF VIRGINIA, AT LARGE
CITY OF WINCHESTER, To -wit:
The foregoing nstrument was acknowledged before me this �_ day of
July, 1997, by ,u112�d �. / &a of Glaize Developments, Inc..
My Commission expires I & e :3/ , /997
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Section III
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