85A138_SouthernHillsAMENDMENT
Action:
PLANNING COMMISSION: Recommended Approval on June 20, 2001
BOARD OF SUPERVISORS`. Approved July 11, 2001
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #01 -01 OF SOUTHERN HILLS
WHEREAS, Rezoning #01 -01 of "Southern Hills" was submitted by G. W. Clifford & Associates,
Inc., to rezone a 105 -acre tract of land from RA (Rural Areas) to RP (Residential Performance) to
establish 250 single - family residential lots. This property is located south of Stephens City, east of
Interstate 81; 0.8 miles south of Route 277 (Fairfax Pike on the east side of Town Run Lane /Route
1012), and is identified with Property Identification Number 85 -A -138 in the Opequon Magisterial
District; and
WHEREAS, the Planning Commission held public hearings on this rezoning on January 3, 2001;
February 21, 2001; March 21, 2001; and June 20, 2001; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 11, 2001;
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 a 105 -acre tract of land from 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.
PD Res #12 -01
This ordinance shall be in effect on the date of adoption.
Passed this 11th day of July, 2001 by the following recorded vote:
Richard C. Shickle, Chairman Abstained Sidney A. Reyes
W. Harrington Smith, Jr
Charles W. Omdoff, Sr.
PDRes. R12 -01
09 Age�COMMENTMREZONMDRESOLU rN .th.Hilh wpd
Ave
Aye Margaret B. Douglas Aye
Aye Robert M. Sager Aye
A COPY ATTEST
John RLPAe ,Jr.'
Frederick County Admi istrator
REZONING REQUEST PROFFER
Property Identification Number 85 -A -138
Opequon Magisterial District
DOROTHY CARBAUGH ESTATE PROPERTY
Preliminary Matters
Pursuant to Section 15.2 -2296 et. Se g., of the code of Virginia, 1950, as amended, and the provisions of
the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant
hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve
Rezoning Application 901 -01 for the rezoning of 105 acres from Rural Area (RA) to Residential
Performance (RP). 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 xvithdrawn and of no effect whatsoever. These proffers shall be binding upon
the applicant and their legal successor or assigns.
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 105 acres, with
frontage along Town Run Lane 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 applied for and
issued the sum of $4,910.00 per lot.
This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick
County Parks and Recreation; $446.00 for Frederick County Fire and Rescue, $105.00 for Public
Library; $59.00 for Sheriffs Office and $121.00 for Administration Building.
General Development Plan
Voluntarily proffered is the attached Generalized Development Plan including the following
improvements:
1. On the 105 acres to be zoned RP no more than 250 single family dwelling units shall be
constructed. These units shall consist of single family home lots.
2. Stickley Drive (SR 1085) shall be extended as shown to connect with Town Run Lane (SR 1012)
during the first phase of development(A to B).
3. Town Run Lane (SR 10 12) shall be overlayed with a bituminous concrete surface from
B to C . Guard rail shall be installed right and left along Town Run Lane "fill" areas greater than
7' vertical . The improvements are to be further described by a VDOT Permit to be issued at
the time of the work. This work shall be done prior to the issuance of the 50th building pen -nit.
4. Town Run Lane (SR 10 12) shall be overlayed with a bituminous concrete surface from C to D
during the phase where the entrance at "D" is constructed. These improvements are to be farther
described by a VDOT Permit to be issued at the time of the work-
5.
ork5. An easement shall be established 75' in depth along the South property line E to F. This
easement will be prominently shown on the final plat and will restrict construction of homes as
well as limiting the clear cutting of trees larger than 4" diameter.
6. A statement shall be added to the plat and covenants for all lots created by this project advising
that agricultural uses exist on the South and East, the Ewing Family Cemetary exists within the
limits of development, and, wastewater treatment facilities exist or previously existed to the
North of this site.
7. The Ewing family cemetery will be set aside as a separate lot with public road access and
conveyed, if possible, to the Ewing family with covenants for future maintenance by the Ewing
family.
a.. ; 8. A contribution of $100,000 for construction funding shall be made at the time VDOT
implements the construction of a stoplight at the intersection of Stickley Drive and Rte 277.
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,
PROPERT WNER
By:
Date: Z
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day of
2000, by David B. Holliday.
Joyce 0. Daffiomyer
t\1OTARY PUBLIC
CommomRFeaith of Virginia
My commission expires Mu rnrn;ssinn PpIrpcz 02/28/05
Notary Public E�.4
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