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54A11_ShockeyIndustriesInc&ShockeyRealtyCoAMENDMENT Action: PLANNING COMMISSION: Recommended Approval on September 1, 1999 BOARD OF SUPERVISORS: Approved September 22, 1999 THE ZONING DISTRICT MAP REZONING 914 -99 OF SHOCKEY INDUSTRIES, INC. AND SHOCKEY REALTY CO. WHEREAS, Rezoning #14 -99 of Shockey Industries, Inc. and Shockey Realty Company was submitted to rezone 2.3 acres from RP (Residential Performance) District to B2 (Business General) District, and 2.8 acres from M2 (Industrial General) District to B2 (Business General) District. This property is located on the west side of Martinsburg Pike (U.S. Route 11), approximately 600' north of Lee Avenue, in the Stonewall Magisterial District and is identified with Property Identification Numbers 54A -1 -1, 54A -1 -2, 54A -1 -3, 54A -1 -15A and part of 54 -A -16; and WHEREAS, the Planning Commission held a public hearing on this rezoning on September 1, 1999; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 22, 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 2.3 acres from RP (Residential Performance) to B2 (Business General) and 2.8 acres from M2 (Industrial General) 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#23 -99 This ordinance shall be in effect on the date of adoption. Passed this 22nd day of September, 1999 by the following recorded vote: James L. Longerbeam, Chairman W. Harrington Smith, Jr. Charles W. Orndoff, Sr. Aye Richard C. Shickle Aye Aye Margaret B. Douglas Aye Aye Robert M. Sager Aye A COPY ATTEST G 014R. Riley, Jr. Frederick County Administrator O Ug.d., COMMEWS�REWNMG \RESOLVIMSh.kq.RES PDRee #27 -" Green way Engineering August 5, 1999 Shockey Rezoning REZONING REQUEST PROFFER PROPERTY ID NUMBERS 54A- ((l)) -1, 2, 3, & 15A & a portion of 54- ((A)) -16 Shockey Industries, Inc. Shockey Realty Co. Pursuant to Section 15.2 - 2296 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 # - 9L for the rezoning of approximately 2.3 acres from the Residential Performance (RP) zoning district to the Business General (132) zoning district and 2.8 acres from the Industrial General (M2) 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. 1. ALLOWED USES The following uses shall be permitted on the subject property: Description SIC Finance, insurance and real estate offices - -- Legal services 81 Engineering, accounting, research, management and 87 related services General business offices - -- Business signs - -- Directional signs --- Building entrance signs - -- All other uses shall be prohibited. Greenway Engineering - Aagast S, 1999 Shockey Rezoning 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 grants this rezoning and accepts 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: W.._ , William F. Simmons Chief Operating Officer, Shockey Industries Commonwealth of Virginia /County of Frederick To Wit: Ralph D. Shockey Shockey Realty Company The foregoing instrument was acknowledged before me this Sixth day of August 1999 by William F. Simmons, and Ralph D. Shockey Notary Public My Commission Expires 1/31 PA 2001