HomeMy WebLinkAbout08-06 Proffer StatementAction:
PLANNING COMMISSION: June 21, 2006 Recommended Approval
BOARD OF SUPERVISORS: July 26, 2006 Li APPROVED DENIED
PDRes #22 -06
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #08 -06 OF SHAWNEE DRIVE (WEBB) PROPERTY
WHEREAS, Rezoning #08-06 of Shawnee Drive (Webb) Property, submitted by Painter Lewis, PLC,
to rezone .94 acres from RP (Residential Performance) District to B2 (General Business) District with
proffers for office use, was considered. The property is located on Shawnee Drive, approximately 250 feet
east of the intersection of Route 11 and Shawnee Drive, on the right side of the road, in the Shawnee
Magisterial District, and is identified by Property Identification Number (PIN) 63 -A -104.
WHEREAS, the Planning Commission held a public hearing on this rezoning on June 21, 2006; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 26, 2006; 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 .94 acres from RP (Residential Performance) District to B2 (General Business) District with
proffers for office use, 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. #22 -06
This ordinance shall be in effect on the date of adoption.
Passed this 26th day of July, 2006 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gary Dove Aye Bill M. Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven. Jr. Aye
Philip A. Lemieux Aye
A COPY ATTEST
John iley, Jr.
Frederick County Administrator
PROFFER STATEM•
PARCEL ID 63 -A -104
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application o1 o(„ for the rezoning of
parcel TM# 75-A-91B from B3 to B2, the use and development of the subject property
shall be done in strict conformance with the following conditions set forth in this proffer
except to the extent that such conditions may be subsequently amended or revised by
the applicant and such are approved by the Board of Supervisors in accordance with
the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall
be binding on the owner and their legal successors or assigns.
PROFFERS
1.) Generalized Site Plan
The applicant agrees to proffer a Generalized Development Plan (Exhibit 4) dated May
10, 2006 for the purpose of identifying the general configuration of an 9,000 square foot
Office Building
2.) Restriction of Direct Access to Route 11
The applicant agrees to prohibit direct access to Route 11 from the subject parcel.
3.) Frontage Improvements
The applicant agrees to provide a five foot sidewalk along Shawnee Drive. (Exhibit 4)
4.) Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the Stephens City Volunteer Fire
Company the sum of $1,000.00 for impacts to fire control services. This sum will be paid
upon receipt of the first building permit issued subsequent to the approval of this
rezoning for any proposed structure.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the even that the Frederick
County Board of Supervisors grant this rezoning and accepts these proffers, then these
proffers shall apply to the land rezoned in addition to the other requirements of the
Frederick County Code.
Submitted By:
t t 7- 0 0 (n
Mr. Linden Vann, owner Date
page 2
PROFFER STATEM•
PARCEL ID 63 -A -104
City /County of VU U lllllr Commonwealth Of Virgihia,_
The foregoing instrument was acknowledged before me this
200 (0
My commission expires:
/0 3/ -cJ'7
page 3
I day of
Rezoning
Property:
Recorded Owner:
Applicant:
Project Name:
Original Date
of Proffers:
Revision Date (s):
.94 acres
PARCEL ID 63 -A -104
Mr. Linden Vann
Mr. Jim Webb
Mitchell Webb, LLC
19 First Street, Suite 202
Berryville, Virginia 22611
Shawnee Dr. Property
October 13, 2005
January 16, 2006
March 15, 2006
May 9, 2006
Shawnee Drive Property
Proffer Statement
Prepared by: PAINTER- LEWIS, P.L.C.
116 South Stewart Street
Winchester, VA 22601
Tel.: (540) 662 -5792
email: office @painterlewis.com
Job Number: 0506012