52A148_Richard&NancyHeiseyAMENDMENT
Action:
PLANNING COMMISSION Recommended Approval on May 1, 1996
BOARD OF SUPERVISORS Unanimous Approval on June 12, 1996
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#003 -96 of Richard L. Heisey & Nancy S. Heisey
• WHEREAS, Rezoning Application #003 -96 of Richard L. Heisey and Nancy S. Heisey to
rezone 1.43 acres from RA (Rural Areas) to B2 (Business General), located two miles west of
Route 37, on the south side of Route 50, approximately 220' west of Poorhouse Road (Route 654)
and identified with PINS 52 -A -148 and 52 -A -149, was submitted for consideration; and,
WHEREAS, the Frederick County Planning Commission held a public hearing on this
rezoning application on May 1, 1996; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning application on
June 12, 1996; and
WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best
interest of the public health, safety, welfare, 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, is amended to revise the Zoning District
Map to change .43 acres of PIN 52 -A -148 from RA (Rural Areas) to B2 (Business General) and
to change 1.00 acres of PIN 52 -A -149 from RA (Rural Area) to B2 (Business General). These
parcels are located in the Back Creek Magisterial District and are described by the application and
plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant
and the property owner.
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of June, 1996 by the following recorded vote:
James L. Longerbeam, Chairman Aye Richard C. Shickle Aye
W. Harrington Smith, Jr.
Aye Margaret B. Douglas
Aye
Charles W. Orndoff, Sr
•
Aye Robert M. Sager
A COPY ATTEST
Aye
Joh . Riley, Jr.
Frederick County Ad nistrator
_0
AMENDMENT TO REZONING PROFFER
REZONING APPLICATION NO. -96
APPLICANT /OWNER: Richard and Nancy Heisey
PROPERTY LOCATION: 1.43 Acres on the South side of U.S. Route 50, about two
miles west of VA Route 37. and about 220 feet West of VA. Route 654.
The applicant for the above identified rezoning hereby requests the following
addition to the Droffers in the rezoning request. There are no deletions from the
existing proffer and only the following item, #6, shall be added, to read as
follows:
6. As of this rezoning application, sewage services are not available to the
property under consideration. Should sewage services become available as a result
of the extension of services by Frederick County to the immediate property
boundaries, the owner shall participate in a fair and equitable prorate share of
the cost of the sewer extension.
Property Owners:
_Date
Datee�
•
x x x x x x x x x
PROFFER
REZONING APPLICATION NO. 003 -96
APPLICANT /OWNER: Richard and Nancy Heisey
PROPERTY LOCATION: 1.43 Acres on the South side of U.S. Route 50, about two
miles west of VA Route 37, and about 220 feet West of VA. Route 654.
The undersigned, sole owner of land, and the applicant for rezonina of land,
under rezoning Request No.003 -96, hereby voluntarily proffer the following
conditions. The conditions proffered shall be binding upon the assigns and
successors in interest of the applicant. In the event Frederick County Board of
Supervisors grants said rezoning and accepts this condition, the following
proffered conditions 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 Business
General (B2) zoning, to wit: automotive dealers and gasoline service stations (SIC
55), restaurants (SIC 58), car washes (SIC 7542), and child day -care facilities
(SIC 8351).
2. There will be no more than one facility for ingress and egress to
property onto U.S. Route 50, and shall be provided in compliance with Virginia
• Department of Transportation regulations.
t 3. All areas not paved or graveled as driveway or parkina shall be
landscaped either in trees, shrubs, grass, or flowers. These areas shall be kept
mowed, trimmed, and maintained so as not to have overarown grass, dead wood,
bramble or overgrowth affecting site visibility for traffic flow,
4., All electrical, telephone, and cable lines on the property will be
installed underground for aesthetics. The only exceptions will be where such
action is outside the power of the owner to provide, where there are prexisting
conditions, or where prohibited by law.
5. Applicant shall contribute $400.00 toward County Fire and Rescue capital
expenses to offset costs incurred by development of this property. This amount is
to be paid to the County of Frederick at the time of the issuance of the Occupancy
Permit. This amount is based on calculations from the County Fiscal Impact Model
dated 11/27/95.
These proffers shall be binding upon the heirs, executors, administrators, assigns
and successors in interest of the owner of this property.
This document shall set forth the total obligation of the applicant to the County
of Frederick in connection with the rezoning of the site. Consequently, the
0
applicants obligation shall not be subject to future modification
without the express written concurrence or consent of the current
owner(s), applicant or their
Property Owners:
or enlargement
property
_Date_ 6
Date
IT
Subscribed and sworn to before me on this day of 1996
l /
Notary Public _ _ „lj�L�_._a
My commission expires:
■ x t t f• x• x