28A52_OldGoreSchoolAMENDMENT
Action:
PLANNING COMMISSION: Recommended Approval on July 5, 2000
BOARD OF SUPERVISORS: Approved August 9, 2000
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
Rezoning #03 -00 of Old Gore School
WHEREAS, Rezoning Application #03 -00 of Old Gore School was submitted to rezone 1.215
acres of a 3.292 -acre tract from B2 (Business General) to RA (Rural Areas). 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 July 5, 2000;
and '
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on
August 9, 2000; and
WHEREAS, the Frederick County Board of Supervisors fords 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 1.215 acres of a 3.292 -acre tract from B2 (Business General) to RA (Rural Areas)
as described by the application and plat submitted, subject to the attached conditions voluntarily
proffered in writing by the applicant/property owner.
PDRm. #20-00
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of August, 2000 by the following recorded vote:
Richard C. Shickle, Chairman
- Nay
Sidney A. Reyes
Nav
W. Harrington Smith, Jr.
Aye
Margaret B. Douglas
Aye
i
Charles W. Omdoff, Sr.
Aye
Robert M. Sager
Aye
A COPY ATTEST
John ley, Jr.
Frederick County Administrator
E
PDRes. #20 -00
Gw &.IZ.RE&. pd
PROFFER STATEMENT
A PROPOSED REZONING FOR
PARCEL ID - 28 -A -52
FREDERICK COUNTY, VIRGINIA
MAY 24, 2000
li:i"WIR011-ra
MICHAEL BRET MORGAN
712 PENNSYLVANIA AVENUE
WINCHESTER, VIRGINIA 22601
(540) 665 -9884
PROFFER STATEMENT
PARCEL ID 28 -A -52
INTRODUCTION
The subject property consists of a total of 3.29 acres.' The property is located on 251
Gore Road, Route 751, (old Route 50). The property is zoned B2- limited.
The intended purpose is to downzone - 1.00 acre of the 3.29 - acre tract, which includes
the old school building, to RA as the building had been for the last 75 years.
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 the Rezoning Application for the rezoning of 1.00 acre of
the 3.29 —acre tract 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 FOR THE 1.00 ACRE TO BE REZONED TO RA, RURAL AREAS
DISTRICT
1. Applicant proffers to restrict permitted use on this property to schools only.
2. Applicant proffers to not construct any new entrances or exits to property off of Route
751.
3. Applicant proffers to utilize motion sensor lighting to mitigate continual outdoor
lighting impacts to adjoining properties.
4. Applicant proffers to limit hours of operation from 6:00 a.m. — 9:00 p.m. daily and
will incorporate these hours into lease agreement.
PROFFERS FOR THE 2.29 ACRES THAT WILL REMAIN B2, BUSINESS
GENERAL DISTRICT
1. 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.
PROFFER STATEMENT
PARCEL ID 28 -A -52
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. —11:00 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 foot
for any additional storage facilities built in the future.
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: 6/0 /oo
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this i� day of Ju e. ,
2000 by Michael Bret Morgan.
My c mmission ex ires on 3 O
Notary Public