64A420A_JamesTCarrolls
AMENDMENT
ACTION.-
PLANNING COMMISSION. • December 6, 1995
BOARD OF SUPERVISORS: January 24, 1996
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#008 -94 of JAMES T. CARROLL
WHEREAS, Rezoning Application #008 -94 of lames T. Carroll to rezone 2.81 acres from RP
(Residential Performance) to B2 (Business General), which is located at the intersection of Custer
Avenue and Pembridge Road, and is designated with PINS 64A- 4 -20A, 64A -10-A, and 64A -1 0-B
in the Shawnee Magisterid District, was referred to the Frederick County Planning Commission;
and,
WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning
on December 6,1995; and,
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this ordinance
adoption on January 24,1996; 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 2.81 acres, designated by PINS 64A- 4 -20A, 64A -10 -A, and 64A -10-B,
from RP (Residential Performance) to B2 (Business General) as described by the application and
plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant
and property owner.
0
This ordinance shall be in effect upon its passage
Passed this 24th day of January, 1996:
James L Longerbeam Aye
Chairman
W. Harrington Smith, Jr. N T v
Charles W. Orndoff, Sr. Aye
Robert M. Sager Aye
Margaret R Douglas Aye
Richard G Shickle Aye
A Copy Attest
John 1x_Rile}, Jr.
Frederick County Administrator
Ll
I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under
zoning request number 008 -94, referred to as the Carroll Rezoning and the applicant for said
rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be
binding upon the heirs, executors, administrators, assigns, and successors in interest of the
undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-
2 (Business General) and accepts these conditions, the following proffered conditions shall apply
to the land rezoned in addition to other requirements set forth in the Frederick County Code:
CARROLL REZONING REQUEST
CASE NO. 008-94
•
1. The owner proffers that there shall be no entrance to the property on Etnam Street.
2. The owner proffers that there will be a total of no more than five (5) entrances for the
property.
3. The owner proffers a payment shall be made to the County for emergency services in the
amount of $1,950.00, said payment to be made at time of building permit issuance by the
County.
4. The owner proffers that the property will not be use for the following B -2, Business
General allowed uses:
a. Electric, gas and other utility facilities
b. Food stores .
c. Automotive dealers
d. Miscellaneous repair services
e. Golf driving ranges and miniature golf courses
f. Membership organizations
g. Self- service storage facilities
h. Public utility distribution facilities
5. All permitted uses shall not be open to the public between the hours of 2:00 a.m. and 6:00
a.m. except for hotels, motels, banks, and other permitted uses approved only by the Board
of Supervisors.
H. Carroll, Owner
STATE OF VIRGINIA, AT LARGE
CITY OF WINCHESTER, To -wit:
PROFFER (Revised)
7 - CS- 96
Date
r �ebrtXxr`/
The foegoin i
g nstrument was acknowledged before me this day of January, 1996
by _ Jnmy� t I . Onrrol I
Notary Public: o 1'7ll L 11A i / l My Commission Expires: { Y1 U Ap . /Pqb