54A50_K&MEnterprisesAMENDMENT
Action:
PLANNING COMMISSION: Recommended Approval on February 3, 1999
BOARD OF SUPERVISORS: Approved February 24, 1999
AN ORDINANCE AMENDING
-- - - - - - -- -- — - - - - -- -- THE -ZONING DISTRICT -MAP
REZONING 401 -99 OF K & M ENTERPRISES
WHEREAS, Rezoning Application #01-99 of K & M Enterprises, submitted by Greenway
Engineering, to rezone 0.60 acres from RP (Residential Performance) to B2 (Business General). This
property is located on the west side of Martinsburg Pike (Route 11 North) across from Brooke Road
• (Route 1328), and is identified with Property Identification Number 54 -A -50 in the Stonewall
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on February 3, 1999,
and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on February
24, 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 CountyBoard of Supervisors that
'Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map
to change 0.60 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 #06 -99
• This ordinance shall be in effect on the date of adoption.
Passed this 24th day of February, 1999 by the following recorded vote:
James L. Longerbeam, Chairman A y e Richard C. Shickle
W. Harrington Smith, Jr. Aye Margaret B. Douglas
Charles W. Omdoff, Sr. Aye Robert M. Sager
A COPY ATTEST
Aye
Aye
Absent
i
Jo Riley, Jr.
Fre ck County Administrator
0: ,,alas COMMEM REZONFV 50LU I K &M E.[ Pds..KES
REZONING REQUEST PROFFER
• Property Identification Number 54- ((A)) -50
K & M ENTERPRISES
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 # 01 -99 for the rezoning of
approximately 0.60 acres from the Residential Performance (RP) zoning district to the Business
General (132) zoning district, development of the newly rezoned portion 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.evenf_ 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 K & M
Enterprises by deed from Terri A. Cochran dated December 29, 1997 of record in the Office of
the Clerk of the Circuit Court of the City of Winchester in Deed Book 285 at Page 1324, and
more particularly described by a survey by L. Allen Ebert, L.S., dated April 30, 1992, of record
• in the Office of the Clerk of the Circuit Court of the City of Winchester, in Deed Book 253, page
431 -432.
AREA ZONED B -2 - 0.60 ACRES
1. INGRESS/EGRESS
The subject property shall have no more than one entrance on Martinsburg Pike (U.S. Route 11).
Signage, turn lanes, and signalization shall be installed as warranted and required by the Virginia
Department of Transportation, and the City of Winchester.
2. BROOKE ROAD EXTENSION
A sixty foot right -of -way shall be provided for the future extension of Brooke Road from
Martinsburg Pike to North Frederick Pike. The location of this sixty foot right -of -way shall be
depicted on the site development plan which will require approval by the City of Winchester and
Frederick County.
3. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT
The undersigned owners of the above - described property hereby voluntarily proffer that in the
event rezoning application # 01 -99 is approved, 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 $100.00 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 . - I
Kim Walls
Commonwealth of Virginia
61 t Marietta Walls
City /County of To Wit:
The foregoing instrument was acknowledged before me this '��I day of \ ece ,'
1998 by
i
C7`frvY�.. �- J`n.M.tric�:ty� --
Notary Pu c
• My Commission Expires
Commonwealth of Virginia
City /County of To Wit:
The foregoing instrument was acknowledged before me thi day of til
1998 by
/ Notary Public
r.
My Commission Expires