54A21_AikensPropertyAMENDMENT
Action:
PLANNING COMMISSION
September 4, 2002
- Recommended Approval
BOARD OF SUPERVISORS
September 25, 2002
ID APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #09 -02 OF AIKENS PROPERTY
WHEREAS, Rezoning #09 -02 of Aikens Property, was submitted by G. W. Clifford & Associates,
Inc., to rezone to rezone 1.34 acres from MI (Light Industrial) and .05 acres from B2 (Business
General) to B3 (Business Industrial Transition). This property is located west and adjacent to
Martinsburg Pike (Rt. 11) and south and adjacent of Stine Lane and is identified with Property
Identification Numbers 54 -A -21; 54- A -20A; 54 -A -20 and 54 -A -22 in the Stonewall Magisterial District;
and
WHEREAS, the Planning Commission held a public hearing on this rezoning on September 4,
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 1.34 acres from M1 (Light Industrial) and .05 acres from B2 (Business General) to B3
(Business 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 H21 -02
This ordinance shall be in effect on the date of adoption.
Passed this 25i day of September, 2002 by the following recorded vote:
Richard C. Shickle, Chairman
Aye
Sidney A. Reyes
Aye
Gina A. Forrester
Aye
Margaret B. Douglas
Aye
W. Harrington Smith, Jr.
Aye
Robert M. Sager
Aye
Lynda J. Tyler
Aye
A COPY ATTEST
a e7 e�- -
John k Jr.
Frederick County Administrator
PDRes, 421 -02
0bgmdas COMMENTS�UF,ONING \RESOI.UT Wkms Propcny. wpd
REZONING REQUEST PROFFER
Property Identification Number 54 -A -21, 54- A20-A, 54 -A -20 & 54 -A -22
Stonewall Magisterial District
AWENS PROPERTY
ROUTE 11 NORTH
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 rezoning, the undersigned applicant
herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve
Rezoning Application #!�R - OZ for the rezoning of 1.39 acres from the Light Industrial (M -1) and Business
General (B -2) to Industrial Transition (B -3). 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 of no effect whatsoever. These
proffers shall be binding upon the applicant and their legal successor or assigns.
Monetary Contribution
The undersigned, who 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 1.39 acres, with
frontage along U.S. Route I 1 in the Stonewall Magisterial District of Frederick County, Virginia from
M -1 and B -2 to B -3.
This monetary proffer provides for $2,000.00 for Frederick County Fire and Rescue and $1,000.00 for
Sheriff s Office. Payment shall be made at the time of issuance of building permit.
Parking Lot
A 10' clear planting strip shall be provided between the U.S. Route 11 right of way line and the parking
lot limits to allow planting of street trees and landscaping_
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.
(Revision 9/9/02) Page] of 2
REZONING REQUEST PROFFER
Property Identification Number 54 -A -2I, 54- A -20A, 54 -A -20 & 54 -A -22
Stonewall Magisterial District
Aikens Property
Respectfully submitted,
The forpgofVg.instrument was, ackaow,lAged before me this ( day of
2002, b y h/ /4/1' - oZ M . S
My commiss expires aoo
Notary Public
Page 2 of 2
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit: