94A1_JeffreyEWilliamsAMENDMENT
Action:
PLANNING COMMISSION: Recommended Approval on April 4, 2001
BOARD OF SUPERVISORS: Approved April 11, 2001
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #03 -01 OF JEFFREY E. WILLIAMS
WHEREAS, Rezoning #03 -01 ofJeffrey E. Williams, submitted by G.W. Clifford & Associates, Inc.,
to rezone 1.75 acres from RA (Rural Areas) to R5 (Residential Recreational). This property is located
1.7 miles south of Double Tollgate on the west side of Route 340 and 522 South and identified with
Property Identification Number 94 -A -I in the Opequon Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 4, 2001;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 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 1.75 acres from.RA (Rural Areas) to R5 (Residential Recreational) as described by the
application and plat submitted, subject to the attached conditions voluntarily proffered in writing by
the applicant and the property owner.
PDRes #06 -01
This ordinance shall be in effect on the date of adoption.
Passed this 11th day of April, 2001 by the following recorded vote:
Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye
W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye
Charles W. Orndoff, Sr. Aye Robert M. Sager Aye
PDRes. #06 -01
A.VeRrc WdhamsRES. wpd
A COPY ATTEST
John . ley, Jr.
Frederick County Adm nistrator
I
K"ZONING REQUEST PROFFI
Property Identification Number 94-A -1
Opequon Magisterial District
JEFFREY E. WILLIAMS PROPERTY
Preliminary Matters
Pursuant to Section 15.2 -2296 et. Seq., 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
herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve
Rezoning Application 903 -01 for the rezoning of 1.75 acres from Rural Area (RA) to Residential
Recreational Community (R5). Development of the subject property shall be done in conformity N %ith
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 bindin_
upon the applicant and their legal successor or assigns.
Housing Tvpe Generated By This Rezoning
The undersigned, who owns the above described property, hereby voluntarily proffers
that if the Board of Supervisors for County of Frederick, Virginia approves the rezoning
for 1.75 acres, from RA to R -5, the undersigned shall voluntarily limit any development
allowed as the result of rezoning to only those dwelling units allowed within the "Master
Development Plan" Notes for Shenandoah, which are "age restricted" by definition and
governed by the overall Homeowners Association regulations within Shenandoah. It is
further proffered that the existing single family use shall be permanently abandoned.
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,
JF
Date: / 11" . 7 . dr 00
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY. To -wit:
The foregoing instrument was acknowledged before me this day of
200 , by Jeffrey E. %k/illiams.
My commission expiresn `fA ,5+ col
Notary P1hh,- 2- L vt(�/�vQtr�
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the
Frederick County Board of Supervisors to amend the zoning ordinance and to change the
zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to
enter the property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed Y
at the front property line at least seven days prior to the Planning Commission public
hearing and the Board of Supervisors' public hearing and maintained so as to be visible
from the road right -of -way until the hearing.
I (we) hereby certify that this application and its accompanying materials, are true and
accurate to the best of my (our) knowledge.
Applicant(s) 4� �- Date 17- s/ 0
i • Date
Owner(s) Date
Date