55A195_FrederickMallLandTrustJamesAndersonAMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Planning Commission September 7, 1994
Board of Supervisors December 14, 1994
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#006 -94 of FREDERICK MALL LAND TRUST /JAMES T. ANDERSON
WHEREAS, Rezoning application #006 -94 of Frederick Mall /James T. Anderson was submitted
to rezone 16.08 acres, located just West of Greenwood Road (Route 656) and South of Senseny
Road (Route 657), in the Shawnee District, and designated by PIN 55 -A -195, from RA (Rural
Areas) to RP (Residenflal Performance); and,
WHEREAS, the Planning Commission held a public hearing on this application on September
7, 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 16.08 acres, designated as PIN #55 -A -195, 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 Av Jimmie K. Ellington Ave
W. Harrington Smith, Jr. Aye James J. Longerbeam Aye
Charles W. Orndoff, Sr. Aye Robert M. Sager Aye
This ordinance shall be in effect upon its passage.
Passed this day of 1994.
December
A Copy Attest
John . Riley, Jr.
Frederick County Administrator
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REZONING REQUEST PROFFER
Re: John Henry Giles Property
John Henry Giles - Owner
Frederick Mall Land Trust - Applicant
Rezoning Case No. 006_Sy
The undersigned Applicant, who also holds a contract to
purchase the above described property from John Henry Giles,
hereby voluntarily proffers that if the Board of Supervisors for
the County of Frederick, Virginia approves the rezoning of the
15.946 Acre tract, more or less, lying on the South side of
Senseny Road just West of its intersection with Greenwood Road 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 Dollar ($3142.00) (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 shall not be subdivided
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into more than thirty -two (32) lots and there shall not be
constructed thereon more than thirty -two (32) single family
detached houses and no apartments, duplexes or other multi - family
buildings shall be constructed on the 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
Frederick County Code.
Respectfully submitted,
FREDERICK MALL LAND TRUST
- Applicant
By
Ja es T. Anderson
Jo Henry Gile. - Owner
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