85A148_ScullyLtdAMENDMENT
Action:
PLANNING COMMISSION: Recommended Approval on August 21, 1996
BOARD OF SUPERVISORS: Recommended Approval on September 11, 1996
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#005 -96 of SCULLY LTD.
• WHEREAS, Rezoning Application #005 -96 of Scully Ltd. to rezone 25,593 square feet (.58
acres) from B 1 (Neighborhood Business) to B2 (Business General) which is located on the south
side of Fairfax Pike (Rt. 277), east of the I -81 /Stephens City interchange beside the existing
Kentucky Fried Chicken and in front of the existing Ace Plaza shopping center; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on August 21,
1996; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on
September 11, 1996; and
WHEREAS, the Frederick County Board of Supervisors finds the adoption of 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 25,593 square feet (.58 acres), designated by PIN 85 -A -148, from
B1 (Neighborhood Business) to B2 (Business General) as 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 11th day of September, 1996 by the following recorded vote:
James L. Longerbeam, Chairman Aye Richard C. Shickle Abstai
W. Harrington Smith, Jr. Aye Margaret B. Douglas
Charles W. Orndoff, Sr. A Robert M. Sager
A COPY ATTEST
Aye
Abstained
Jo Riley, Jr.
Frederick County Administrator
REZONING REQUEST PROFFER
SCULLY, LTD.
REZONING B -1 TO B -2
Route 277 East - Fairfax Pike
Opequon District - Tax Parcel 85 -A148
Preliminary Matters
Pursuant to Section 15.1 -49.1 et.seq of the Code of
Virginia, 1950, as amended, and the provisions of the
Frederick County Zoning Ordinance with respect to
conditional zoning, the undersigned applicant hereby
proffers that in the event the Board of Supervisors of
Frederick County, Virginia, shall approve Rezoning
Application *00,5-96 for the rezoning of 25,593 square feet
from B -1 Neighborhood Business Zoning District to the B -2
Business General Zoning District, development of the subject
property shall be done in conformity with the terms and
conditions set forth herein, except to the extent that such
terms and conditions may be subsequently amended or revised
by the applicant and such be approved by the Frederick
County board of Supervisors in accordance with Virginia law.
In the event that such rezoning is not granted, then these
proffers shall be deemed withdrawn and of no effect
whatsoever. The proffers shall be binding upon the
applicant and their legal successors or assigns.
General Development Plan and Uses
The development of the subject property and the
submission of any site Development Plan will provide for a
layout that incorporates the planned improvement for
structures, parking, and commercial entrances as required by
Frederick County Zoning Ordinance site development
standards. The applicant proffers that any development of
the 25,593 square feet will utilize the existing entrance on
to Route 277 (Fairfax Pike). The applicant proffers that
the land will not be used for the following: used car
sales, car washes, churches, hotel or motel, golf course or
driving range. The rezoned property shall not be further
subdivided.
Monetary Contribution of Development
The undersigned, who owns the below described property,
hereby voluntarily proffers that if the Board of Supervisors
for the County of Frederick, Virginia, approves the rezoning
PAGE 2
REZONING REQUEST PROFFER
SCULLY, LTD.
REZONING B -1 TO B -2
Route 277 East - Fairfax Pike
Opequon District - Tax Parcel 85 -A -148
for the 25,593 square foot tract, more or less, lying on the
south side of Route 277 (Fairfax Pike) just east of the
intersection of Stickley Drive in the Opequon Magisterial
District of Frederick County, Virginia from B -1 to B -2, the
owner will pay to the Stephens City Fire and Rescue Company,
at the time a building permit is issued, the sum of One
hundred eighty -three dollars and forty -eight cents ($183.48)
for Fire and Rescue Emergency Service costs.
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
SCULLY, LTD. )� -
By: ®.w A \ , .
THOMAS G. SCULLY, JR
PRESIDENT
Date: July 16, 1996
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -wit:
The foregoing instrument was acknowledged before me
this 17"' day of July, 1996, by THOMAS G. SCULLY, JR.,
PRESIDENT, SCULLY LTD.
My commission expires April 30, 2000.
Notary Public
I a