75A51_GregoryInvestmentsAMENDMENT
Action:
PLANNING COMMISSION: Recommended Approval on October 7, 1998
BOARD OF SUPERVISORS: Approved October 26, 1998
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
Rezoning 9014 -98 of Gregory Investments
WHEREAS, Rezoning Application 9014 -98 of Gregory Investments was submitted to rezone. 149
acres (6,502 sq. ft.) from RP (Residential Performance) to B2 (Business General). This property is
located on the west side of Aylor Road (Rt. 647) at the intersection of Aylor Road and Double
Church Road (Rt. 641), and is identified with Property Identification Number 75 -A -51 in the
® Opequon Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 7, 1998,
and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on October
26, 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 .149 acres (6,502 sq. ft.) from RP (Residential Performance) 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 #26 -98
E
This ordinance shall be in effect on the date of adoption.
Passed this 26th day of October, 1998 by the following recorded vote:
James L. Longerbeam, Chairman Ave Richard C. Shickle
W. Harrington Smith, Jr.
Charles W. Omdoff, Sr.
01Agmdu\2F.ZANMESOLU MGegorylme==.RES
Aye Margaret B. Douglas
Aye Robert M. Sager
A COPY ATTEST
John R) Riley, fr
Fred ne ck County Administrator
Aye
Aye
Aye
t�
REZONING REQUEST PROFFER
Property Identification Number 75- ((A)) -51
Opequon Magisterial District
RALPH S. & CARLOYN P. GREGORY
Preliminary Matters
Pursuant to Section 15.2 — 2296 et. sea., 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 # OlLr for the rezoning of 6,502 square
feet from Residential Performance (RP) to Business General (B -2) 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.
Building and Structures
No structures will be constructed on the 6,502 square feet rezoned to B -2.
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,
PROPERTY OWNER:
By: GC` \ ate:
By:
0 U ✓ C�
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this Ctl' day of ypA, -itez_ , 1998, by
_ , 'A e- 0
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To-wit:
The fo(regoing instrument was acknowledged before me this 10 -1 day of 1998,
by \ 01 i C LL c,tL
Myc
Notary Public