64BA30_KDGAMENDMENT
Action:
PLANNING COMMISSION:
BOARD OF SUPERVISORS
Recommended Approval on May 6, 1998
Approved May 27, 1998
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
Rezoning #007 -98 of KDG, L.C.
WHEREAS, Rezoning Application 9007 -98 of KDG, L.C. submitted by Painter - Lewis, P.L.C.,
requested to rezone 1.0 acres from B1 (Neighborhood Business) to B2 (Business General) District,
and 2.58 acres from RA (Rural Areas) to B2 (Business General) District. This property is located on
the east side of Front Royal Pike (Route 522), 0.72 miles south of Millwood Pike (Route 50), and is
identified with Property Identification Number 64B -A -30 in the Shawnee Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on May 6, 1998, and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on May
27, 1998; and
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, 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 1,0 acres currently zoned 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.
. PDRes 415-98
This ordinance shall be in effect on the date of adoption.
Passed this 27th day of May, 1998 by the following recorded vote:
James L. Longerbeam, Chairman Aye Richard C. Shickle
W. Harrington Smith, Jr.
Charles W. Orndoff, Sr.
Aye Margaret B. Douglas
Absent Robert M. Sager
A COPY ATTEST
Aye
Aye
Aye
JohrW Riley, Jr.
Frederick County Administrator
L]
0 0 WGE OAS ZONRPLESOLL KDG_LC KES
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PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 64B- ((A)) -30
AND
PARCEL ID - 64B- ((A)) -29
Shawnee Magisterial District
Frederick County, Virginia
April 21, 1998
Prepared for: KDG, LC
302 South Braddock Street, Suite 100
Winchester, Virginia 22601
Prepared by: PAINTER- LEWIS, P.L.C.
302 South Braddock Street - Suite 200
Winchester, VA 22601
Tel.: (540)- 662 -5792
Job Number: 9711022
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PROFFER STATEMENT
PARCEL ID 64B- ((A) -30
INTRODUCTION
The subject property currently consists of 3.58 acres and is located on US Route 522, 0.72 miles
south of US Route 50. The property consists of a single parcel which has recently been consolidated
from parcel 64B- ((A)) -30 and parcel 64B- ((A)) -29. The property contains split zoning. As part of a
general rezoning by the Frederick County Board of Supervisors in the 1970s, a strip of property along
the east side of US Route 522 was rezoned from A2 to B I. The depth of this strip is approximately
150 feet. The total amount of property zoned B1 is approximately 1.0 acre. The remainder of the
property (2.58 +/- acres) is currently zoned RA. The owner desires to rezone the entire 3.58 acres to
B2, Business General District.
The intended purpose for the rezoning of the subject parcel would be to provide a wider variety of
permitted commercial uses for the parcel under the Frederick County Zoning Ordinance. As a
provision of the rezoning, the owner is willing to proffer the dedication of a specific amount of land to
facilitate the construction of a certain roadway intended to connect Route 522 to Route 50 as
proposed in the 1997 Comprehensive Policy Plan. Please refer to the "Route 50 East Corridor: Future
Land Use and Present Zoning" on page 6 -19 and the "Eastern Road Plan" on page 7 -15 of the 1997
Comprehensive Policy Plan. The alignment shown in the Comprehensive Plan roughly coincides with a
60' strip of land owned by the Winchester Regional Airport Authority - Parcel 64B((A))32. The
alignment also coincides with a 1' strip of land owned by B. M. & M. G. Beaver - Parcel
64B((A))33A1. Please refer to attached Exhibit 2. In order to determine the amount of land to be
dedicated for a future right -of -way by the owner, it is assumed that both of these parcels are intended
to provide access and that both parcels will be fully utilized as road right -of -way. The owner proposes
to dedicate a 20' strip of land along the eastern property boundary as shown on the attached Exhibit 1.
The combination of this 20' strip of land with the two aforementioned parcels will provide a total
width of 81' for future road right -of -way.
The Frederick County Zoning Ordinance requires a category B distance buffer with a minimum width
of 50 feet plus the installation of opaque screening to reduce visual impacts upon residential property
zoned RA. There are currently two adjacent parcels zoned B 1 which are being used or could be used
for residential purposes. No distance buffer is required by the ordinance between B1 and B2. The
owner is willing to proffer the installation of a Category B buffer along the common property lines
which coincide with these properties as long as the properties are being used for residential purposes.
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned
applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve
Rezoning Application 9 007- 9 g for the rezoning of 3.58 + /- acres identified as PIN 964- ((A)) -30
from RA/B 1 to B2, development of this particular 3.58 + /- acres will be in conformity with the terms
and conditions set forth in this document. These terms and conditions may be subsequently amended
or revised by the owner of the property with permission from the Frederick County Board of
Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner
and their legal successors or assigns
page 2
PROFFER STATEMENT
PARCEL ID 64B- ((A) -30
PROFFERS
i� 1. The owner will dedicate to the County of Frederick a strip of land twenty feet in width and
running parallel to the eastern property line of the 3.58 + /- acre parcel for the purpose of future
construction of a road to connect Route 522 to Route 50. This voluntary dedication of land
shall be valid for as long as the Winchester Area Transportation Plan identifies this general area
as a potential route for a collector road to connect Route 50 with Route 522. If future planning
action by Frederick County results in the repositioning of this road in a location other than
adjacent to the subject parcel, ownership of the land contained in the 20' dedication strip will
revert back to the owner of record of the parcel. Please refer to Exhibit 1 hereto attached.
2. The owner hereby proffers the application of a Category B buffer to those adjacent properties
which are zoned B I and which are used for residential purposes. Applicable provisions are
contained in Section 165 -37 of the Code of Frederick County, Zoning Ordinance.
Monetary Contribution to Frederick County Service Organizations
The owner will pay or will cause to be paid to the Treasurer of Frederick County the sum of
$2,478.03 for impacts to Greenwood Fire and Rescue Service. This sum will be paid upon subdivision
of the property or receipt of a building permit from the Frederick County Inspections Department for
the first building to be constructed on the subject parcel.
The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and
successors in the interest of the owner. In the event that the Frederick County Board of Supervisors
` grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in
addition to the other requirements of the Frederick County Code.
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this 22 day of Apri I IQgi by
Joh C. LeLU Andq Lfuj n
-- 1_i'rnc4h� CI.rajnkr 'Eeyn C. Lew is)
My commission expires on 3E - qq
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J ley' tary Public
page 3
GRAPHIC SCALE
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ARE / TO BE RESERVED
FOR\FJTURE ROAD
CONSTRUCTION = 4,981.34 SF
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P.I.N. 5413-1-30
3.5869 ACRES
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BEVERLEY M. BEAVER &
o MARJORIE C. BEAVER
648- A -33A1
(1' STRIP)
v ZONED: RA USE. VACANT
ROGER L. HELSLEY &
3 PHYLLIS A. HELSLEY
ZONED: (W [z
USE: RESIDENTIAL
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FRED K. PECHT &
SANDRA PECHT
IRS _ ZONED: 91
USE: RES,
U. S. ROUTE 522 — FRONT ROYAL PIKE
VARIABLE WIDTH R/W
® PAINTER- LEWIS P.L.C. PRO
PROFFER EXHIBIT
302 South Oraddock Street. Suite zoo A PROPOSED REZONING
Winchester. Virginia 22601
Telephone (540)662 -5792 PARCEL 64 B- ((1)) -30
Facsimile (540)662 -5793 FREDERICK COUNTY, VIRGINIA
DATE:
01 -21 -95
SURVEY:
Marsh &Legge
DRAWN:
JCL
EXHIBIT:
SCALE:
1- = 100'
C.L:
o
JOB NO.:
9711022
2
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64 ( s
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30
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33
33
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PAINTER- LEWIS, P.L.C.
PROJECT:
PROFFER EXHIBIT
DATE:
SURVEY:
12 -15 -97
NA
302 South Broddock Street, Suite 200
Winchester, v r 22601
Telephone (540)662 -5792
Eccsimle (540)662 -5793
A PROPOSED REZONING
PARCEL 64 8— ((A)) -29 30
FREDERICK COUNTY, VIRGINIA
DRAWN;
SCALE:
C.I.:
JOB NO.:
JCL
7' = 200' EXHIBIT:
no 2
9711022