28A63C_SherwoodBryantAMENDMENT
Action:
PLANNING COMMISSION: July I, 2002 - Recommended Approval
BOARD OF SUPERVISORS: September 25, 2002 W APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #t02 -02 OF SHERWOOD BRYANT
WHEREAS, Rezoning ##02 -02 of Sherwood Bryant, was submitted by Painter- Lewis, P.L.C. to
rezone 7.8691 acres from RA (Rural Areas) to B2 (Business General) District. This property is located
200 feet east of the intersection ofRt. 751 and Rt. 50, on the south side ofRt. 50, and is identified with
Property Identification Number 28 -A -63C in the Back Creek District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 1, 2002; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 25,
2002; 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 7.8691 acres from RA (Rural Areas) to B2 (Business General) District as described by the
application and plat submitted, subject to the attached conditions voluntarily proffered in writing by
the applicant and the property owner.
PDRcs ft 18 -02
This ordinance shall be in effect on the date of adoption.
Passed this 25` day of September, 2002 by the following recorded vote:
Richard C. Shickle, Chairman
Aye
Sidney A. Reyes
Aye
Gina A. Forrester
A y e
Margaret B. Douglas
Aye
W. Harrington Smith, Jr.
Ave
Robert M. Sager
Ave
Lynda J. Tyler
Aye
A COPY ATTEST
i
John ley, Jr.
Frederick County Administrator
PDRes_ 418-02
0 blgaidav COMMENTS \REZONING \RESOLOTMSbe d 3ryan,. wql
n Y
for
PARCEL ID - 28 ((A)) 63C
Back Creek Magisterial District
Frederick County, Virginia
August 21, 2002
Prepared for Mr. Sherwood Bryant
P. 0. Box 191
Gore, Virginia 22637
Prepared by: PAINTER- LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662 -5792
email: paintlew @earthlink.net
Job Number: 0111005
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63'
INTRODUCTION
The subject parcel contains 7.8691 acres. Currently all 7.8691 acres are zoned RA. All
adjacent property is zoned RA with the exception of one lot (28- A -14), that is located to
the east, which contains a commercial banking facility, and is zoned B2. The owner
desires to rezone the entire parcel from RA, Rural Areas District, to a B2, Business
General District, zoning. The intended purpose for the rezoning would be to allow the
owner to develop the property to provide services to the Rural Community Center at
Gore.
The owner recognizes that the site is located within the Rural Community Center of
Gore, but outside the county Urban Development Area. The applicant recognizes that
the lack of available sewage treatment facilities will restrict the amount of commercial
development on the property. Acknowledging the importance of maintaining the rural
character of the area, the owner is willing to proffer restrictions on the types of
commercial activities and the total amount of retail and /or office building area which
can be developed under the proposed B2 zoning. The owner is also willing to limit the
height of future signs associated with commercial uses. The owner is also willing to
eliminate full access to the site from Route 750.
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 Rezoning Application # 0?302 for the rezoning of
7.8691 acres on Parcel 28 -A -63C from RA to B2, development of this particular 7.8691
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. For a period of time as long as the subject land maintains a B2 Zoning, the
following uses will be prohibited on the land:
1. Uses which are identified by the following Standard Industrial Codes:
a. 074 - Veterinary offices with all activities and animals kept within the
fully enclosed primary structure;
b. 0752 - Animal specialty services with all activities and animals kept
within the fully enclosed primary structure;
c. 55- Automotive dealers and gasoline service stations;
d. 58- Restaurants;
e. 701- Hotels and Motels,
f. 704 - Organization hotels and lodging,
g. 7542 -Car washes;
h. 7832- Motion picture theaters,
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63'
i. 79- Amusement and recreation services operated indoors,
j. 7999 -Golf driving ranges and miniature golf courses;
k. 8351 -Child day -care facilities;
I. 5199 - Advertising specialties - wholesale,
2 Drive -in theaters:
3. Commercial batting cages operated outdoors,
4. Adult care residences and assisted living care facilities,
S. Commercial sport and recreation clubs;
6. Adult retail uses.
2. For a period of time as long as the subject land maintains a B2 Zoning, the
maximum amount of gross retail and /or office building floor area, in any
combination, which can be constructed on the subject parcel is 40,000 square
feet. This limits the total Floor Area Ratio of the 7.8691 acres to 0.12.
3. For a period of time as long as the subject land maintains a B2 Zoning, the
maximum sign height shall be limited to 25 feet.
4. For a period of time as long as the subject land maintains a B2 Zoning, access
to the site from Route 750 shall be limited to emergency vehicles only.
Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the General Fund of Frederick County
for the benefit of the Gore Fire Company No. 14 the sum of $1,000.00 for impacts to
fire and rescue services. This sum will be paid upon receipt of any building permit
issued subsequent to the approval of this rezoning by which the cumulative gross
building area for any use, existing and /or proposed, on the subject parcel, or any
portion thereof, will exceed 10,000 square feet.
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.
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63
Submitted By:
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this a -Q- day of
/�U�, aooa, by 6kctw 'r• �c #�.�}
My commission expires on 7/.5 / /oe
Notary Public