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55A194_ThomasCGlassAMENDMENT FREDERICK COUNTY ZONING ORDINANCE Planning Commission April 6, 1994 - Recommended Denial Board of Supervisors May 11, 1994 - APPROVED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #002 -94 of THOMAS C. GLASS WHEREAS, Rezoning application #002 -94 of Thomas C. Glass was submitted to rezone 2.38 acres, located east of Winchester, at the intersection of Senseny Road and Greenwood Road, in •. the Shawnee District, and designated by PIN 55 -A -194, from B1 (Neighborhood Business District) to B2 (General Business District); and, WHEREAS, the Planning Commission held a public hearing on this application on April 6, 1994; and, WHEREAS, the Board of Supervisors held a public hearing on this application on May 11, 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 2.38 acres, designated as PIN #55 -A -194, from B1 (Neighborhood Business District) to B2 (General Business District) 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 Aye Jimmie K. Ellington Aye W. Harrington Smith, Jr. Aye James J. Longerbeam Aye Charles W. Orndoff, Sr. A Robert M. Sager This ordinance shall be in effect upon its passage. Passed this 11th day of May, 1994. A Copy Attest • John iUiley, Jr. Frederick County Administrator 0 REZONING REQUEST PROFFER Re: Thomas C. Glass Property Thomas C. Glass - Owner and Applicant Rezoning Case No. no?-94 The undersigned Applicant, being the sole owner of the property to be rezoned under the above referenced Rezoning Case Number, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the • rezoning application of the undersigned for 2.382 Acres, more or less, (being the Northwest corner of the intersection of Senseny Road and Greenwood Road in Shawnee Magisterial District of Frederick County, Virginia) from B -1 to B -2, the development of the subject property shall be done in accordance with the following terms: 1. The subject property to be rezoned shall not be used for the following: A. Communication facilities and offices. B. Electric, gas and other utility facilities. C. Retail nurseries. D. Automotive dealers. E� Hotels and motels. F. organizational hotels and lodging. G. Car washes. H. Golf driving ranges and miniature golf courses. I. Model home sales offices. J. Self- service storage facilities. K. Public utility distribution facilities. 2. The subject property to be rezoned shall be used primarily for retail and personal service uses. This proffer does not intend to prohibit the use of the subject property for an electric supply business. 3. The subject property shall be subject to the dimension requirements, including the floor to area ratio and the lot 40 coverage requirements of the B -1 Zoning Districts of Frederick County, Virginia. In addition, the maximum floor area for this site shall be 31,100 Square Feet (the existing building is approximately 30,000 Square Feet). 4. 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, Thomas C. Glass (Owner and Applicant)