865F_JCarsonClineEstateAMENDMENT
PLANNING COMMISSION: Recommended Approval on November 4, 1998
BOARD OF SUPERVISORS: Approved December 9, 1998
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
Rezoning #016 -98 of J. Carson Cline Estate
WHEREAS, Rezoning Application #016 -98 of J. Carson Cline Estate was submitted to rezone 4.70
acres from RP (Residential Performance) to B2 (Business General). This property is located on the
north side of Fairfax Pike (Rt. 277) approximately 0. 11 miles west of Warrior Drive, and is identified
• with Property Identification Number 86 -5 -F in the Opequon District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 4,
1998; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on
December 9,1998; 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 4.70 acres 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 #31 -98
C -I
J
0
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of December, 1998 by the following recorded vote:
James L. Longerbeam, Chairman Aye Richard C. Shickle
W. Harrington Smith, Jr. Aye Margaret B. Douglas
Charles W. Orndoff, Sr. Aye Robert M. Sager
OAAg dasUtEiANE\RESOLVMJ_C Clim=
A COPY ATTEST
� l
John Riley, Jr.
Frederik County Administrator
Aye
Aye
REZONING REQUEST PROFFER
PROPERTY IDENTIFICATION NUMBER 86- ((5)) -F
J. CARSON CLINE ESTATE
Pursuant to Section 15.1 - 491.1 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
# OI6-W for the rezoning of approximately 4.70 acres from the Residential Performance (RP) zoning district to
the Business General (132) 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 said code and zoning ordinance. 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, heirs, or assigns.
The subject property is more particularly described as all of the land conveyed to J. Carson Cline by deed from
Ralph L. Ritenour and Shirley Ritenour dated December 24, 1954 of record in the Frederick County Court Clerk's
Office in Deed Book 234 at Page 503, and more particularly described by a survey by Lee A. Ebert recorded in
Deed Book 482 at page 798 and dated August 26, 1977.
The conditions proffered are as follows:
1. PROHIBITED USES
® The following uses shall not be permitted on the subject property:
Use SIC
Commercial batting cages operated outdoors - --
Golf driving ranges and miniature golf courses 7999
2. INGRESS/EGRESS AND RIGHT -OF -WAY DEDICATION
The subject property shall have no more than two entrances on Virginia Route 277. Right -of -way on Virginia Route
277 requested by the Virginia Department of Transportation shall be dedicated to said department during the site
plan approval process. Signage, turn lanes, and signalization shall be installed as warranted and required by the
Virginia Department of Transportation
3. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT
The undersigned owners of the above-described property hereby voluntarily proffer that in the event the subject
property, parcel no. 86- ((5)) -F, containing approximately 4.70 acres, is approved for rezoning from Residential
Performance (RP) zoning district to Business General (132) zoning district, the undersigned will pay to the Treasurer
of Frederick County, Virginia, at the time a building permit is issued for said property, the sum of eight hundred
sixty-two dollars and thirty-seven cents ($862.37) for fire and rescue services.
The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in
the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grant this rezoning
and accept the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully Submitted:
By:
Charles R Boyd, Executor
Commonwealth of Virginia
U I
Gty /County of o - u, i C L To Wit:
Y
The foregoing instrument was acknowledged before me this O�VN day ofl J� : � 1998 by
My Commission Expires �, d
0
C)Oz.jv�' C
16tary Public