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42A76_ReadingLandscapeCOUNTY of FREDERICK I FREDERICK COUNTY ZONING Approvals: Department of Planning and Development 703/665 -5651 FAX 703/667 -0370 Planning Commission Approved April 4, 1990 with proffers Board of Supervisors Approved May 9, 1990 with proffers An ordinance amending the zoning district map for application #003- 90 of Reading Landscape. WHEREAS, Rezoning application 003 -90 of Reading Landscape to rezone 2.001 acres from RA (Rural Areas) to B -2 (Business General), located approximately 3/ 1/2 miles west of Winchester, fronting on the west side of Rt. 522N, near Albin in the Gainesboro Magisterial District and designated as property ID# 42- 000 -A00- 0000 - 0000 -0076- 0, was referred to the Planning Commission on April 4, 1990; and WHEREAS, the Planning Commission held a public hearing on this application on April 4, 1990; 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 May 9, 1990; 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, ORDAINED 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 2.001 acres from RA (Rural Areas) to B -2 (Business General) located approximately 3 1/2 miles.west of Winchester, fronting on the west side of Rt 522N, near Albin in the Gainesboro Magisterial District and designated by property ID# 42- 000 -A00- 0000 - 0000 - 0076 -0, 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: 9 Court Square P.O. Box 601 Winchester, Virginia 22601 r i ' This ordinance shall be in effect upon its passage. Passed this 9th day of May, 1990. A Copy Teste John' R.) Riley, Jr Frederick County Administrator 0 l PROFFER Rezoning Application No. 003 -90 Applicant: Reading Landscapes, Inc. Property Location: 2.001 acres, U. S. Route 522 North, near Albin, Gainesboro Magisterial District, Frederick County, Virginia The undersigned, sole owner of land to be rezoned under rezoning Request No. 003 -90, referred to as the Reading Landscapes, Inc. rezoning, and the applicant for said rezoning, hereby voluntarily proffers the following condition. The condition proffered shall be binding upon the assigns and successors in interest of both the applicant and owner. In the event the Frederick County Board of Supervisors grants said • rezoning and accepts this condition, the following proffered condition shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. The following shall not be permitted uses under the proposed B -2 (Business General) zoning, to -wit: Auto Dealers and Gasoline Service Stations and Car Washes. 2. The Applicant will file a site plan of the subject property to be approved by the County of Frederick, Virginia. 3. The Applicant will comply with the landscaping requirements of Section 21 -3 -11 of the Zoning Ordinance of U1 f Frederick County, Virginia. 4. The Applicant will comply with the landscape screening requirements of Section 21- 3- 12 -2.1 of the Zoning Ordinance of Frederick County, Virginia, along the southern and western (rear) boundaries of the property. DATED this 13th day of April, 1990. READING LANDSCAPES, INC. By RUSSELL W. READING, Presid t owner and Applicant • CERTIFICATE OF DELIVERY I hereby certify that on the & f/ day of April, 1990, I delivered a true and correct copy of the foregoing Proffer to Lawrence R. Ambrogi, Esquire, Attorney for the County of Frederick, Virginia, Winchester /Frederick County Joint Judicial Center, 5 North Kent Street, Winchester, Virginia, 22601. READING LANDSCAPES, INC. gy fvtl RUSSELL W. READING, Pre dent •