86A21B_Linwood&ElizabethRitterz
Action:
PLANNING COMMISSION
BOARD OF SUPERVISORS:
AMENDMENT
Recommended Approval on April 1, 1998
Approved April 22, 1998
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
Rezoning 9005 -98 of Linwood and Elizabeth Ritter
WHEREAS, Rezoning Application 9005 -98 of Linwood and Elizabeth Ritter submitted by
Greenway Engineering, to rezone 8.264 acres from RA (Rural Areas) District to RP (Residential
Performance) District. This property is located at 746 Double Church Road (Route 641), and is
identified with Property Identification Number 86 -A -21B in the Opequon Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 1, 1998, and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April
22, 1998, 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 8.264 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.
\—.J
This ordinance shall be in effect on the date of adoption.
Passed this 22nd day of April, 1998 by the following recorded vote:
James L. Longerbeam, Chairman
Aye
Richard C. Shickle
Aye
W. Harrington Smith, Jr.
Aye
Margaret B. Douglas
Aye
Charles W. Orndoff, Sr.
Aye
Robert M. Sager
Aye
•
• O\AGENDAS
PDR. #01}98
A COPY ATTEST
Jo . Riley, Jr.
Frederick County A44nistrator
REZONING REQUEST PRO17FER
PROPERTY IDENTIFICATION NUMBER 86- ((A)) -21B
LINWOOD D. RITTER AND ELIZABETH A. RITTER
• Pursuant to Section 15.1 - 49 If El Seq., of the Code of Virginia, 1950, ns amended. and the provisions of the
Frederick County Zoning Ordinance with respect to conditional zouing, the undersigned applicant hereby proffers
that in the event the Board of Supervisors of Frederick County. Virginia shall approve rezoning application
N 005-Vier the rezoning of approximately 8.264 acres from the Rural Areas (RA) Zoning District to the
Residential Performance (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 said code and zoning ordinance. 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, heirs, or assigns.
is
The subject property is more particularly described as all of the land conveyed to Linwood D. Ritter and Elizabeth
A. Ritter by deed from Joel O. Stowe and Lucita M. Stowe dated March 19, 1986 of record in the Frederick Count}
Circuit Court Clerk's Office in Deed Book 613 at Page 443. The subject property is further described by survey,
attached to said deed, prepared by Lee A. Ebert and dated November 13, 1985 and is purported to contain 8.264
acres. The conditions proffered arc as follows:
1. GENERAL DEVELOPMENT PLAN
The development of the subject properly and the submission of any Master Development Plan will provide for a
street layout connecting with Double Church Road, Route 641, substantially in accordance with that shown on the
attached addendum "A" - preliminary layout, Linwood D. Ritter, El Ux property. Voluntarily proffered as part of
the rezoning are improvements for turn lanes, dedication of necessary right- of-way, and other improvements
deemed necessary by and as required by the Virginia Department of Transportation during the subdivision
approval process in order to provide a safe entrance to the development.
2, MAXIMUM DENSITY
The rezoned property shall not be subdivided into more than twenty (20) single family home lots and there shall
not be constructed thereon more than (20) single family detached dwellings. There shall be no apartments.
duplexes, townhouses or other multifamily dwellings constructed on the property.
3. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT
The undersigned owners of the above- described property hereby volunmrily proffer that in the event the subject
property containing approximately 8.264 acres, lying on the west side of Double Churches Road (Route 641) about
0.6 mile south of Fairfax Pike (Rome 277) in the Opegnon Magisterial District, Frederick County, Virginia is
approved for rezoning from Rural Areas (RA) zoning district to Residential Performance (RP) zoning district, the
undersigned will pay to the Treasurer of Frederick County, Virginia, at the time a building permit is issued for
each lot, the sum of Three Thousand Nine Hundred Thirty Four Dollars and Twenly -One Cents (53934.21) per
approved lot for community services as directed in attached addendum "B" at time of issuance of each building
permit.
The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors
in the interest of the applicant and owner. in the event the Frederick County Board of Supervisors grant this
rezoning and accept the 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 Owners
By V
Inwood D. Ritter Elizabeth A. Ritter
Commonwealth o,,IIf Virginia p���
igivy /County of At_ W f�lL_ 6 To Wit: (� 4�
lV��, " ""
The foregoing instrument was acknowledged before me this L day of , 1998 by
Linwood D. Ritter and Elizabeth A. Ritter.
Notary Public 1, .
0 My Commission Expires _ \�1, Zff—)
•
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ADDENDUM "A"
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m ♦� 10�49t) 1 10540 ; 62
43 EASEMENT �/
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N 63 4 101 48*11
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42 1 16,118e OPEN SPACE A
84,131* I I YI
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--- _
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LOT
OPEN SPACE B OPEN' ---
9j31e SPACE
DOUBLE CHURCH ROAD
PROJECT SUMMARY RTE. 641
TOTAL AREA = 8.264 ACRES
HOUSING TYPE = SINGLE FAMILY DETACHED CLUSTER (10,000 SO. FT. LOTS)
TOTAL LOTS = 20 0 10,000 SQ. FT. MIN.
OPEN SPACE REQUIRED = 15%
CURB & GUTTER, SIDEWALKS, AND STREETLIGHTS REQUIRED.
PRELIMINARY LAYOUT
THOFG
LINLUOOD D. RITTER, ET UX PROPERTY
�9
OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA
U MARK D. SMITH
No.002009
'<,04
SCALE: I" = 100' DATE: OCTOBER 6, 1997
GREENWASD NEERING
-01 — Engineers HILL LANE
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Surveyors
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TELEPHONE: (540) 662 -4185
Fo n in 971 FAX: (540) 722 -9528
SHEET I OF 1
• ADENDUM`B„
MONETARY IMPACT OF DEVELOPMENT
BREAKDOWN OF IMPACTS BY CATEGORY:
Schools & Education $ 3,330.60
Parks & Recreation $ 591.05
Stephens City Fire & Rescue Co. $ 12.56
Total Contribution Per Approved Lot $ 3,934.21
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•