33A92_TimothyWJohnsonAMENDMENT
Action:
PLANNING COMMISSION: July 2, 2001 - Recommended Approval
BOARD OF SUPERVISORS: September 12, 2001 - ,❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #05-01 OF TIMOTHY W. JOHNSON
WHEREAS, Rezoning #05-01 of Timothy W. Johnson, submitted by Greenway Engineering, to
rezone 1.89 acres from RA (Rural Areas) to 133 (Industrial Transition). This property is located at 4489
Martinsburg Pike (2.1 miles north of Clearbrook on the west side of Rt. 11), and is identified with
Property Identification Numbers 33-A-92 and 33-A-93 in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 2, 2001; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 12,
2001; 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 1.89 acres from RA (Rural Areas) to B3 (Industrial Transition), 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 #16-01
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of September, 2001 by the following recorded vote:
Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye
W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye
Charles W. Orndoff, Sr. Aye Robert M. Sager Ave
A COPY ATTEST
JohntR. Riley, Jr. i
Frederick County Administrator
III)RC, 410-01
() Aixrn'm,(, )W'11:;V [S'VFf IoNI,,(, RI -I
Greenway En,i.ncerin, April 24, 2001
Revised,ffay O, 2001
REZONING REQUESTPROFFER
PROPERTY ID NUMBER
33-((A))-92 & 33-((A))-93
Timothy W. Johnson
I int .fohnson
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 this rezoning application for the rezoning of approximately 1.89 acres
from the Rural Area (RA) 'Zoning District to the Industrial Transition (B3) 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 -ranted, 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. All previous rezoning
proffers for the subject property are hereby superseded.
The subject property is more particularly described as all of the land conveyed to Timothy W.
Johnson by deed from John E. Bowers and Patricia R. Bowers dated August 19, 1999 of record i i
the Frederick County Court Clerk's Office in Deed Book 945 at Page 522. The subject property is
further described by survey, attached to said deed, prepared by W. Stuart Dunn and dated June 6,
1996 and is purported to contain 1.89 acres. The exhibit and conditions proffered are as follows:
1. ALLOWED USES
The following uses shall be pernrittcd within the "B-3" zoning on the subject property:
Office and storage facilities for building construction
contractors, heavy construction contractors and special
trade contractors
Communication facilities and offices, including telephone,
telegraph, radio, television and other communications
Business services
Automotive repair, services and parking
Miscellaneous repair services
Self-service storage facilities
Business associations
Public buildings
Public utility distribution facilities
SIC 15,16
and 17
48
73
75
76
861
GrefrnWay Engineering April 24, 2001 Tim Johnson
Rct,fwd llay 9 2001
13usiness signs --
Directional signs --
Building entrance signs --
2. PROIII13rrEi) USE'S
All other uses shall be prohibited on the portion of the subject site zoned "E3-3".
3. INCRESSIEGRESS
The subject property shall have no more than one entrance on U.S. Route 11.
4. TRANS PORTAl'ION
Signage, turn lanes, and widening shall: be installed as warranted and required by the Virginia
Department of Transportation. The owner hereby agrees to pay for said improvements.
5. RECYCLING PROFFER
Recycling programs will be implemented to ensure appropriate waste reduction, disposal, and
recycling of any waste or byproduct material. This program will be reviewed and approved by the
Frederick County Recycling Coordinator prior to final occupancy permit
G. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT
The undersigned owners of the above-described property hereby voluntarily proffer that in the event
1.89 acres of the subject property, parcels no. 33-((A))-92 and 33-((A))-93, is approved for rezoning
from Rural Areas (RA) zoning district to Industrial Transition (B-3) zoning district, the undersigned
will pay to the Treasurer of Frederick County, Virginia, at the time the initial building permit is
issued for said property, the sum of Five hundred dollars ($500.00) for Fire and rescue services.
Greenwul- Fngrnecririg April 24, 2001 Tina Johnson
Revised May 9, 2001
The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns
and successors in the interest of the 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:
Property Owners �!
I3y: _•� � -- �' �r � 3 Q ��
Timothy W. l"ohnson
Tirpxfthy W. Johnson
Commonwealth of Virginia
City/County of FBF t)r.z i o e - To Wit:
The foregoing instrument was acknowledged before me this 30 r14day of rt; 2001 by
Notary Public
My Commission Expires FE �,2u.1 2q 7CC,