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Home My WebLink About44A294_JordanSpringsAMENDMENT Action: PLANNING COMMISSION: December 5, 2001 - Recommended Approval BOARD OF SUPERVISORS: December 12, 2001 - ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #10.01 OF JORDAN SPRINGS (COUNTY COURT REPORTERS, INC.) WHEREAS, Rezoning #10-01 of Jordan Springs was submitted by Triad Engineering, Inc. to rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone. This property is located at 1160 Jordan Springs Road and identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 5, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 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 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone, 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 #28-01 This ordinance shall be in effect on the date of adoption. Passed this 12th day of December, 2001 by the following recorded vote: Richard C. Shickle, Chairman —Ay -p-- Sidney A. Reyes -AW-P— AWpW. W.Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndoff, Sr. Aye Robert M. Sager Aye A COPY ATTEST John R ' ley, Jr. Frederick County Administrator PDRes_ 928-01 O-VAgrni&%s COMMLNTS',RPLONINGIRI-,S01.l1 WJordm Springs wpd REZONING REQUEST PROFFER Property Identification Number 44-((A))-294 Stonewall Magisterial District Page 1 of 2 Preliminary Matters Pursuant to Section 15.2-2296 et. sea., 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 #10-01 for the rezoning of 10.33 (+/-) acres from Rural Area (RA) Zoning District to Business General (B-2) Zoning District and Historic Area (HA) Overlay Zone. 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 Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: Transportation Conduct detailed traffic studies and analysis at the site planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Provide necessary right of way along Route 644 for road improvements per VDOT. Entrances shall be limited to two (2) commercial entrances onto Route 644. All entrances shall be constructed in accordance with VDOT standards and Frederick County standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services. General business offices Public buildings Residential uses which are accessory to allowed business uses REZONING REQUEST PROFFER Property xdentifacation Number 44-((A))-294 Stonewall Magisterial District Page 2 of 2 S i!n age Limit the allowed business sign to one sign. The sign shall be of monument -type construction and limited to fifty (50) square feet in size or a placard. Off-site Improvements to Lagoon Sewerage System Pond Provide security -type fencing along the parameter of the lagoon sewerage system pond that services the 10.33 (+/-) acres. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these 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 OWNER Missionary Servants of the Most Holy Trinity By: (Signature) (Print name) Jordan Baxter- S. T_ Date: STATE OF MARYLAND, AT LARGE MONTGOMERY COUNTY, To -wit: The foregoing kistrtirnent was acknowledged before me this day of December 2001 by: My Commission expires: Notary Pubtic: 77. Pr-rperty Identification PP�4 r �f 7 Prelirninarj, �.::. }Strict Pursuant w 3(,.'ion 15.2-2215 e*.. sed _ of 'bc cude of virg;nic. 1 P50, as amended, and the provisions of the Frederick County Zunivg Ordinance with inspect io conditional zoning, the _., r ''_ —:' �) -_ offers that in the event the Board of Supervisors of Frederick C oltLtv.- v irc.i,ua, K�iali d}�v;otie Rczaning .Appiic3:;;�.,; ,;1-1-_.C! fir thi ;ming of 1033 (+{..; 3T_-5 ftorn Yvd 0. Ar&,R �R,,k Zomri� i)istrici ►o 3iL- mess iLucr.aS (3-2" Zoning District a`_61 ;"i: �.~:a (.HA) Overlay Zone. Dcvclapmau or'the suuject prope<-ty Shull be done urs conformity with the terms and conditions set forth herein, except to the extent that such trtns aaj6 conditicns may be subsequently amen..e4 or revised by the applicant and such :-pl_mvr:a by the Frederick County board of' *ervisors in accordance with Virginia law. In the cvrnt that such rezoning is not granted, then these proffers shall be deemed w i�hd, awn .:iid have no effect whatsoever The undersigned, that awns the above described property, hereby voluntarily proffers that if the Bogs.' r,f . '^rircL:n f r the C: c-nri rf F--:dtmrk yr==Wa ppmves the rezoning for the 10.33 r+' 1 3 :res the w -v!, rs'.W Trgnsnor:::ria:+. �%1lt7L.:: `+/fF1.�C• irTf r• ; :.�;r� ,knd ac: -',psis :st 1.7_; AL- planning stage in accordance with the Virginia Department of Transportation (VDOT) standards. Pro,060 r1u=sa.rvAgfa it'.xa? aLiouk kuwu ::4:-.1jr roar! i VDOT. E-zfuauxs slialI bC tu_itt i Ll] -Lv; j -k':,) u,.L Les onto I::_t::: 6-44. All ec-n-:ces sMI be constructed in accordance with VDOT standards and Frederick County standards. Allowed UM Limit the allowed uses to: AeaU gervices Legal Services Eaginccring, accound g, research, manapracnt and related services. Gtucral business offices Publir buildings Residential uses which are accessory to allowed business uses F. 2- -R-EZONING REQUEST PROFFER V.-zrV6Pteri;I1 M�Wct L UtLc allowed business sign to one idgm The sip.sball be of monument -tore and limited I'D fuft-j (50) Sq7uare fzLA'4 a -lac rd. r e timcing along, rhe DaraMelt.: ')�: -he IaLG4L,'- &Y' 3teM pond tivtf!Retvicea the 10.33 (+/-) acres. T%=ditwns pT--ffered P-I.-,ove. shall be bin&hz upon the heirs, exccutm-s, adminiaUvwm, IP 171!ffC-vt of the Apr Gant and Ow=. incv=i L�d FI-6dezick of Supervisorsrmt said rezoning and 3CCOPtS these conditions; the -'j -X-;-c-.-;' ?' .I`tion to other reqair=ents set Cf F _d& 114' 4 PROPERTY OWNER Yxj,zr;*i!a,ry S-ti-vants a d.t,. most Hwy nr� STATE OF M. kRYLAND. AT LARVIE MC)N'TWNMRY CGIJNTY, To -Wit: The forcgaing instr=ent was acknowledged before me this 71 th day of December, 2001. Notary Public: Revised 12JOS12001 Per Fwdeiick CDurtty S and Ruing tQ.-amuian C'UUUI=IM' TOML P . 03