64A9_JasboGlaizeAMENDMENT
Action:
PLANNING COMMISSION: Recommended Approval on May 5, 1999
BOARD OF SUPERVISORS: Approved May 26, 1999
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #09 -99 OF JASBO /GLAIZE
WHEREAS, Rezoning 409 -99 of Jasbo /Glaize, was submitted by Painter - Lewis, P.L.C., to rezone
11.2662 acres from MHl (Mobile Home Community) to B2 (Business General). This property is
located on Front Royal Pike (Rt. 522), approximately .73 miles south of Millwood Pike (Rt. 50), and
is identified with Property Identification Numbers 64 -A -9 and 64 -A -9A in the Shawnee Magisterial
District, and
WHEREAS, the Planning Commission held a public hearing on this rezoning on May 5, 1999, and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on May 26,
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 11.2662 acres from MHl (Mobile Home Community) 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.
PORes #1599
This ordinance shall be in effect on the date of adoption.
Passed this 26th day of May, 1999 by the following recorded vote:
James L. Longerbeam, Chairman A Richard C. Shickle
W. Harrington Smith, Jr
Aye Margaret B. Douglas
Aye
Charles W. Orndoff, Sr.
Absen Robert M. Sager
A COPY ATTEST
J d
L �
J61ul R. Riley, Jr
Frederick County Administrator
Aye
O:V genda NCOMMEN REWNINGV ESOLVMVazboGlays.RES
PORn 015 -99
PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 64B- ((A)) -9
AND
PARCEL ID - 64B- ((A)) -9A
Shawnee Magisterial District
Frederick County, Virginia
March 30, 1999
Prepared for: Jasbo, Inc. & Fred L. Glaize, III
112 East Piccadilly Street
Winchester, Virginia 22601
Prepared by: PAINTER- LEWIS, P.L.C.
302 South Braddock Street - Suite 200
Winchester, VA 22601
Tel.: (540)- 662 -5792
Fax.: (540)- 662 -5793
PROFFER STATEMENT
PARCEL ID 64- ((A) -9 & 9A
INTRODUCTION
The subject property currently consists of two parcels containing a total of 11.2662 acres and is
located on US Route 522, 0.73 miles south of US Route 50. Exhibit I shows the location of the
property. The property is zoned MH -1, Mobile Home Community District. The property is currently
vacant. The owner desires to rezone the entire 11.2662 acres to B2, Business General District.
According to the 1997 Frederick County Comprehensive Policy Plan, the property is within the Urban
Development Area. The property also lies within the limits of the Route 50 /Route 522 Business
corridor. The property is located between the Route 645, Airport Road and Route 522. The proximity
of the property to Route 522, Route 50, Interstate Route 81, and the airport makes it highly desirable
for commercial development. The property will be better utilized with a B2 zoning which will allow
the development of a variety of business, office and service uses.
The property contains approximately 62 linear feet of frontage on US Route 522. However, because
the property owners share common ownership interest in the adjacent parcel, primary access to the
property will be from Premier Place.
Pursuant to Section 15.2 -2296 Et. Seq., of the Code of Virginia, as amended, and the applicable
provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the
undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County
shall approve Rezoning Application # ) - 19 for the rezoning of 11.2662 + /- acres identified as
PIN 964- ((A)) -9 and PIN #64- ((A)) -9A MH -1 to B2, development of this particular 11.2662 + /- 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
1. The owner agrees to vacate the property boundary between the subject parcel and the
adjoining parcel to the south (Tax Map 64- ((A)) -9F) in order to provide direct access to
Premier Place.
2. The owner agrees to enter into a cost sharing agreement with the Virginia Department of
Transportation (VDOT) for the signalization of the intersection of Premier Place and Route
522 as required by VDOT. Such agreement will be initiated and implemented by VDOT at
their discretion.
3. The owner will pay or will cause to be paid to the Treasurer of Frederick County the sum of
$7,798.24 for impacts to Greenwood Fire and Rescue Service. This sum will be paid upon
subdivision of the property or receipt of a building permit from the Frederick County
Inspections Department for the first building to be constructed on the subject parcel.
page 2
PROFFER STATEMENT
PARCEL IT) 64- ((A) -9 & 9A
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.
Date:
STATE OF VIRGINIA, AT LARGE
UXXTn )0Pl &I EK, To -Wit:
CITY OF WINCHESTER
The foregoing instrument was acknowledged before me this 6th day of April, 1999 by
Fred L. Glaize, III and James L. Bowman, President of Jasbo,
Inc., a Virginia Corporation
My commission expires on December 31, 2000
Notary Public
0
page 3
Submitted By:
Jasbo, Inc. & Fred L. Glaize, III ��_