86A11_DWayneWilsonAMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Approvals:
Planning Commission November 1, 1989
Board of Supervisors November 8, 1989
An ordinance amending the zoning district map for application #019-
89 of D. Wayne Wilson.
WHEREAS, Rezoning application 019 -89 of D. Wayne Wilson to rezone
19.263 acres from RP (Residential Performance) to B -2 (Business
General), located east of the I -81 interchange at Stephens City,
northeast corner of Routes 277 and 641, tax map 86, parcel 11, in
the Opequon District, was referred to the Planning Commission on
October 4, 1989; and
®, WHEREAS, the Planning Commission held a public hearing on this
application on November 1, 1989; and
WHEREAS, the Planning Commission received a draft statement of
conditions proffered prior to the public hearing; and
WHEREAS, the Board of Supervisors held a public hearing on this
application on November 8, 1989; and
WHEREAS, the Board of Supervisors received a signed statement of
conditions proffered prior to the public hearing; and
WHEREAS, the Frederick County Board of Supervisors finds this
rezoning to be in the best interest of the public health, safety,
welfare, convenience and good zoning practice;
THEREFORE, RESOLVED by the Frederick County Board of Supervisors
as follows:
That Chapter 21 of the Frederick County Code, Zoning Ordinance, is
amended to revise the Zoning District Map to change 19.263 acres
from RP (Residential Performance) to B -2 (Business General) located
east of the I -81 interchange at Stephens City, northeast corner of
Routes 277 and 641, tax map 86, parcel 11, in the Opequon District,
as described by the application and plat submitted, subject to the
` following conditions voluntarily proffered in writing' by the
applicant and property owner as follows:
:0
COUNTY of FREDERICK
Department of Planning and Development
703/665 -5651
FAX 703/667 -0370
This ordinance shall be in effect upon its passage.
Passed this 8th day of November, 1989.
A Copy Teste
Q:)- -- 'A
John ley, -Jr-.--7 v
Frederick County Administrator
9 Court Square P.O. Box 601 Winchester, Virginia 22601
1.
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REZONING PROFFERS
APPLICATION 1 019-89
I the undersigned, owner and the appl'callt fur
thatati l Chu dlvunt Lire
Subject Property, hereby voluntarily pr' v
Subject Property is re 'curred by the Board of Supervisors OE
Frederick County, Virginia to the B -2 z0lliny district, tho
development of the property shall be in substanLial conformance
with the following conditions:
A. Transportation
1. Access to the subject property shall bu provided as follows:
(a) One (1) cure cut shall be provided on Route 277; access
from the East only. A deceleration lane shall be provided
within the public right of way accor.diny Lo V.U.H. & T.
standards.
(b) No more than two (l) curb cuts will be provided on Route
641 to access the property.
(c) All work required for up to three adequate road
connections including the deceleration lane and improvuments
within the V.U.H. & T. 1-19 ht of way adjacent tthe subject
property shall be cons tructed or. funded by applicant-
2.
Traffic analysis will be done for submission with the
Preliminary Master Development Plan. 7'1-re traffic analysis will
project the Level Of Service on RL. 641 acrd at Lho intersoction
Of Rt. 641 and Rt. 277. '1'lle Preliminary Master Uevulopment Plan
will be designed and improvements provided so that Level of
Service on Rt. 641 and at the.intersectiorr Of kt. 641 ant, Rt -'
277 will not be lower than Level of Service C, based On the
methods described by the Highway Capacity Manual published by
tine Highway Research Board.
3. Traffic flow within the site will be designed by a traffic
engineer to maximize simplicity and will be based upon final
design layout.
B. Screening and Buffering
1. Ali existing trees within the setback zone, outside the
limits of construction shall be retained. It should bu noted
that the North side and Northwest Cotner OL the property
(adjacent to the E•redericktowne EStates) have existiug 11eavy
tree cover.
2. A minimum of Live purccnt (5t) of Lhe interior oL the
parking nut shall by landscaped planting islands. VegeLatiun
for the planting islands may include a mixture oL Lrues,
shrubs, flowers and grass.
3. All exterior lighting shall be directed on -site and shall be
non -glaro so as to minimize the impact on the adjoining
properties.
4. A minimum spacing of 50 feet shall be provided between all
freestanding businuss signs. No business sign shall exceed 100
square feet in size.
5. Deed restrictions, covenants, dedications, or
development - related documents shall be submitted to and
reviewed by the Zoning Administrator prior to their recordatiun
to insure that provisions have been made for cuurdination of
uses, architectural styles, signs and idndscapiny.
C. Sewer and Water
Sewer and water is presently available to the subject property.
They will be brought to the site at no expent;e to the county.
These proffers shall be binding upon the heirs, executors,
administrators, assigns and successors in interest (it both the
® applicant and property owners.
This document shall set forth the total obligation of the
applicant and property owners to the County of Frederick in
connection with the rezoning of tine site. Cunsequently, the
applicant's and property, owners' obligation shall non be subject
to future modification or enlargement without the express written
concurrence of consent of tho current property owner (s),
applicant, or h it succe sons and assigns.
All of the above shall be at the cost and
liability of the Applicant and not the
Owner, who hereby joins herein to
Applicant: �n give her consent.�Jp
D. Wayne ilsun Owner ' ='—
Nora Alice Hall
Date:
Cate:
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ADDENDUM
Fe: Wilson Re:onin,.l P, Of
Application 0 019-1_x`!
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Applicant: ���///
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Date:
owner
Nora Alice Hall
Date: �` —�—