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643A_OmpsFuneralHomeIncW AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #001 -97 of OMPS FUNERAL HOME, INC. WHEREAS, Rezoning Application #001 -97 of Omps Funeral Home requested the rezoning of 1.3976 acres of the 32.31 -acre parcel owned by Sunset Memorial, Inc., as identified by Property Identification Number 64 -3 -A, from RA (Rural Areas) to B2 (Business General); and WHEREAS, the Planning Commission held a public hearing on this rezoning on May 7, 1997; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on June 10, 1997; and l u_lO.r Action: PLANNING COMMISSION: BOARD OF SUPERVISORS Recommended Approval on May 7, 1997 Approved on June 10, 1997 WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREF 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 1.3976 acres of the 32.31 -acre parcel identified by Property Identification Number 64- 3-A, from RA (Rural Areas) 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. 6, This ordinance shall be in effect on the date of adoption. Passed this 10th day of June, 1997 by the following recorded vote: James L. Longerbeam, Chairman Ave Richard C. Shickle W. Harrington Smith, Jr. Charles W. Omdoff, Sr Aye Margaret B. Douglas Ave Robert M. Sager A COPY ATTEST C� r John'. Riley, Jr. Frederick County Administrator PDR 01 Al Aye Aye Aye • REZONING REQUEST PROFFER Sunset Memorial, Inc. Omps Funeral Home, Inc. — OMPS FUNERAL HOME, INC Route 522 South - Front Royal Pike Shawnee Magisterial District • Tax Parcel 64-0))-A,, . Preliminary Matters Pursuant to Section 15.1 - 491.1 et. seo. 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 # 001 -97 for the rezoning of 1.3976 acres from RA, Rural Area zoning to B -2 Business General zoning, 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. These proffers shall be binding upon the applicant and their legal successors or assigns. • Planning Issues and Uses The rezoned property shall be used for a funeral home. The funeral home shall be 15,000 square feet or less in size. The rezoned property shall have direct vehicular access via a single commercial entrance constructed to VDOT standards to US Route 522. Monetary Contribution of Development The undersigned hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 1.3976 acre tract, more or less lying on the west side of Route 522 South (Front Royal Pike) just north of the intersection of Route 644 (Papermill Road) in the Shawnee Magisterial District of Frederick County, Virginia from RA to B2, the owner will pay to Frederick County, prior to a building permit being issued, the sum of Seven hundred fourteen dollars and sixty -two cents ($714,62) for Fire and Rescue Emergency Services costs. n U PAGE2 REZONING REQUEST PROFFER Sunset Memorial, Inc Omps Funeral Home, Inc OMPS FUNERAL HOME, INC Route 522 South - Front Royal Pike Shawnee Magisterial District • Tax Parcel 64- ((3)) -A 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, Owner: i • By rank Milles , Vice - President, Sunset Memorial, Inc. Date: 4 . STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this 7' day of b y-------------- - - - - -- - - -- -- My Commission expires _ == ;3 '�; .M,- Z3w T-. Notary P lic r 1 U PAGE REZONING REQUEST PROFFER Sunset Memorial, Inc Omps Funeral Home, Inc OMPS FUNERAL HOME, INC Route 522 South - Front Royal Pike Shawnee Magisterial District • Tax Parcel 64- ((3)) -A +s• Home, Inc. STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of by -------- - -T . My Commission expires l Q¢P - .3/, /5T 7 Notary Public Contract Owner: