Loading...
28A52_GoreSchoolAMENDMENT Action: PLANNING COMMISSION: Recommended Approval on November 4, 1998 BOARD OF SUPERVISORS: Approved December 9, 1998 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP Rezoning #017-98 of Gore School WHEREAS, Rezoning Application #017-98 of Gore School was submitted to rezone 3.29 acres from RA (Rural Areas) to B2 (Business General). This property is located at 251 Gore Road (Rt. 751), and is identified with Property Identification Number 28-A-52 in the Back Creek 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 3.29 acres 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. PDRes #30-98 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. Charles W. Orndoff, Sr. 0 Wgrndas\R NE SOLU1MGmeS .LR S Aye Margaret B. Douglas Ave Robert M. Sager A COPY ATTEST Johr�R.Riley, Jr. Frederick County Administrator Aye Aye Ave PROFFER STATENvl!=HJT PARCEL IO 28-A-52 INTRODUCTION The subject property consists of one parcel containing a total of approximately 3.29 acres. The property is located on 251 Gore Road, Route 751, (old Route 50)_ The property is zoned RA. The intended purpose for the rezoning is to allow self -storage in the currently vacant building. 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 9017-98 for the rezoning of 329 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. PROFFERS L Applicant proffers to restrict permitted use on this property to self -storage facilities only. 2. Applicant proffers to not construct any new entrances or exits to property off of Route 751, 3. Applicant proffers to maintain existing park for neighborhood use until such time as additional storage facilities might be needed. 4. Applicant proffers to utilize motion sensor lighting to mitigate continual outdoor lighting impacts to adjoining properties. 5. Applicant proffers to limit hours of operation from 6:00 a.m. — 1 I :00 p.m. daily and will incorporate these hours into lease agreement. 6. Applicant proffers to limit outdoor storage to recreational vehicles and boats. 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 $.02 (two cents) per square foot of the existing 12,000 square foot building for impacts to fire and rescue services. The sum will be paid when the change of zoning is approved by the Board of Supervisors. The owner will also pay $.02 (two cents) per square toot for anv additional storage facilities built in the future. PROFFER STATEMENT PARCEL ID 23-A-52 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 grants 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. Submitted By. Michael Bret Morgan Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: -tom The foregoing instrument was acknowledged before me this ! ;� day of 1998 by Michael Bret Morgan. My commission expires on Notarf Public