54A125A_FrederickMallLandTrustAMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Planning Commission November 2, 1994
Board of Supervisors December 14, 1994
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#007 -94 of FREDERICK MALL LAND TRUST
WHEREAS, Rezoning application #007 -94 of Frederick Mall to rezone three acres, located just
West of Greenwood Road (Route 656) and South of Senseny Road (Route 657), in the Shawnee
District, and designated by PIN 54- A -125A, from RA (Rural Areas) to RP (Residential
Performance); and,
WHEREAS, the Planning Commission held a public hearing on this application on November
2, 1994; and,
WHEREAS, the Board of Supervisors held a public hearing on this application on December
14, 1994; 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 in good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors,
That Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the
Zoning District Map to change three acres, designated as PIN #54- A -125A, from RA (Rural
Areas) to RP (Residential Performance) as described by the application and plat submitted,
subject to the following conditions voluntarily proffered in writing by the applicant and
property owner:
This resolution was approved by the following recorded vote:
Richard G. Dick Ave Jimmie K. Ellington
W. Harrington Smith, Jr. Aye James J. Longerbeam
Charles W. Orndoff, Sr. Aye Robert M. Sager
This ordinance shall be in effect upon its passage.
Passed this 14th day of December 1994.
Ave
Aye
Aye
A Copy Attest
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As
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John UR' ey, Jr.
Frederick County Administrator
REZONING REQUEST PROFFER
Re: June L. Shreck Property
June L. Shreck - Owner
Frederick Mall Land Trust - Applicant
Rezoning Case No. 007 -94
The undersigned Applicant, who also holds a contract to
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purchase the above described property from June L. Shreck, hereby
voluntarily proffers that if the Board of Supervisors for the
Countv of Frederick, Virginia approves the rezoning of the 3 Acre
tract, more or less, lying just West of Greenwood Road (Route
656) on the South side of Senseny Road (Route 657) in Shawnee
Magisterial, District of Frederick County, Virginia) from RA to
RP, the Applicant will pay to Frederick County, at the time a
building permit is issued for each lot, the sum of Three Thousand
One Hundred Forty -two Dollars ($3,142.00) (for Parks and
Recreation. Department, Schools, Fire and Rescue Department and as
otherwise directed by the County) plus Twenty -seven Dollars
($27.00) for the Rescue Squad. In essence, the sum of Three
Thousand One Hundred Sixty -nine Dollars ($3,169.00) will be paid
at the time a building permit is issued for each lot.
In addition, the rezoned property will be subdivided in
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conjunction with the adjacent John Henry Giles property and the
two properties together shall not be subdivided into more than
forty -two (42) lots and there shall not be constructed thereon
more than forty -two (42) single family detached houses and no
apartments, duplexes or other multi - family buildings shall be
constructed on the property. It is anticipated that there will
be approximately ten (10) lots on the Shreck property.
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
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Frederick County Code.
Respectfully submitted,
FREDERICK MALL
LAND TRUST
- Applicant
B
James T. Anderso
June L. Shreck - Owner