42A253_TybrookeLC01 AMENDMENT
Action:
PLANNING COMMISSION: Recommended Approval on March 3, 1999
BOARD OF SUPERVISORS: Approved April 12, 1999
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 402 -99 OF TYBROOKE, L.C.
WHEREAS, Rezoning #02 -99 of Tybrooke, L.C., was submitted by Painter - Lewis, P.L.C., to
rezone 2.99 acres from RA (Rural Areas) to B2 (Business General). This property is located on North
Frederick Pike (Route 522) at Albin; one mile north of Winchester Bypass (Route 37), and is
identified with Property Identification Number 42 -A -253 in the Gainesboro Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on March 3, 1999,
and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April
12, 1999; 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 2.99 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 #09 -99
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of April, 1999 by the following recorded vote:
James L. Longerbeam, Chairman
Aye
Richard C. Shickle
Aye
W. Harrington Smith, Jr.
Aye
Margaret B. Douglas
Aye
Charles W. Orndoff, Sr.
Aye
Robert M. Sager
Aye
- - — A COPY ATTEST
W
John k - Jr./
Frederick County Administrator
•
OWgmda COMMENfSWMNRJG SOLLTMTyb co ,L.C..RES
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PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 42 -((A)) -253
District
Frederick County, Virginia
April 13, 1999
Prepared for: Tybrooke, L.C.
Mr. Chester Renner
2118 North Frederick Pike
Winchester, Virginia 22603
Prepared by: PAINTER- LEWIS, P.L.C.
302 South Braddock Street - Suite 200
Winchester, VA 22601
Tel.: (540)- 662 -5792
Job Number: 9711017
0
PROFFER STATEMENT
PARCEL ID 42 -((A) -253
INTRODUCTION
The subject parcel contains 4.1 acres and is the site of the Ridge Country Store. The current
zoning is B2 and RA. Adjacent property is zoned RA. The owner desires to rezone the entire
parcel B2 and subdivide the parcel into two lots. Lot No. 1 will contain the Ridge Country Store.
Lot No. 2 will be developed for uses allowed under the B2 zoning.
The intended purpose for the rezoning of the subject parcel would be to allow the construction of
a small commercial establishment which would complement the existing Country Ridge Store.
The proposed lot has a drainfield approved by the Lord Fairfax Environmental Health District.
The drainfield is limited by size to approximately 20 employees in a commercial establishment.
For this reason, the owner is willing to proffer a limit on the types of uses permitted on the lot.
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 # 02 -99 for the rezoning of 3.0 acres on Parcel
42 -((A)) -253 from RA to B2, development of this particular 3.0 acres will be in conformity with
the terns 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
1. The land and any improvements thereto will be expressly not used for the following uses
normally permitted under the B2 zoning:
-Hotels and motels
-Organization hotels and lodging
-Car washes
-Motion picture theaters
-Golf driving ranges and miniature golf courses
-Model home sales offices
-Commercial batting cages operated outdoors
-Adult care residences and assisted living care facilities
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
$727.24 for impacts to fire and rescue services. This sum will be paid upon receipt of a building
pen for the proposed use structure.
PROFFER STATEMENT
PARCEL ID 42 -((A) -253
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.
Submitted By:
Mr. Chester Renn r
Chester Renner
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this /,3� day of by
Mr. Chester Renner.
My commission expires on Exp iration Date July 31, 2002
t�;
Notary Public