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Home My WebLink About65A78_HazelLambertAMENDMENT Action: PLANNING COMMISSION: June 5, 2002 - Recommended Approval BOARD OF SUPERVISORS: July 10, 2002 �d APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03 -02 OF HAZEL LAMBERT WHEREAS, Rezoning #03 -02 of Hazel Lambert, was submittedby Greenway Engineering, to rezone .73 acres from RP (Residential Performance) to B2 (Business General) District. This property is located at the southwestern corner of the intersection of Senseny Road (Rt. 657) and Greenwood Road (Rt. 656), and is identified with Property Identification Numbers 65A -7 -8 and 65A -7 -9 in the Shawnee Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 5, 2002; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 10, 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 .73 acres from RP (Residential Performance) 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. PDRes 414 -02 This ordinance shall be in effect on the date of adoption. Passed this 10` day of July, 2002 by the following recorded vote: Richard C. Shickle, Chairman Ave Sidney A. Reyes EM Gina A. Forrester Nay Margaret B. Douglas Aye W. Harrington Smith, Jr. A y e Robert M. Sager Aye Lynda J. Tyler Nom'_ A COPY ATTEST Jo ley, Jr. Fredbfick County Administrator PDRes. #14 -02 0:4,.e \COM ENTSVt ONINGMSOLUIIV\H.d I bm,wpd Greenway Engineering February 25, 2002 Hazel C. Lambert Revised May 1, 2002 Rezoning Revised June 7, 2002 HAZEL C. LAMBERT Preliminary Matters REZONING Tax Parcels 65A- ((7)) -8 and 65A- ((7)) -9 Shawnee Magisterial District 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 Rezoning Application # -02 for the rezoning of .73 acres from the Residential Performance (RP) zoning district to the Business General (132) 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 the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Hazel C. Lambert being all of Tax Map Parcels 65A- ((7)) -8 and 65A- ((7)) -9 and further described by boundary survey prepared by Greenway Engineering dated February 19, 2002 (Exhibit A). A.) Maximum Building Structure Square Feet The applicant hereby proffers to limit the total building structures to 10,000 square feet for the entire .73 acres. B.) Prohibited Uses The following uses shall not be permitted on the proposed rezoning: Description Sic Communication facilities and offices 48 Electric, gas and other utility facilities and offices 49 Retail nurseries and lawn and garden supply stores 526 Automotive Dealer and gasoline service stations 55 Drinking Places 5813 Fuel dealers 598 File 93137 /MDS /dls Greenway Engineering February 25, 2002 Hazel C. Lambert Revised May 1, 2002 Rezoning Revised June 7, 2002 Golf driving ranges and miniature golf courses 7999 Commercial batting cages operated outdoors - - - -- Model home sales offices - - - -- Adult Retail - - - -- C.) Transportation 1.) The applicant hereby proffers to restrict the access to the property to one entrance at a location on Greenwood Road adjacent to the most southern property line of the subject property. 2.) The applicant hereby proffers to dedicate right -of —way along Greenwood Road (Route 656) for future road improvements by Virginia Department of Transportation in accordance with the attached Exhibit C, attached to and made part of these proffers. 3.) The applicant hereby proffers to provide a ten -foot (10) non - exclusive easement along the Senseny Road (Route 657) property frontage for the purpose of allowing the development of a bicycle facility as identified by the Frederick County Comprehensive Policy Plan's Bicycle Plan. This easement will be dedicated to the appropriate entity prior to the construction of the bicycle facility. D.) Lighting Building mounted lights and pole - mounted lights will be of a downcast nature and shielded and directed away from adjacent properties surrounding the proposed project. Lighting plans will be submitted as a separate attachment for review and approval by the Frederick County Planning Department prior to installation. E.) Buffering and Screening In the event approval is obtained by the Frederick County Board of Zoning Appeals for a variance of the zoning distance buffer, Chapter 165 -37, the applicant hereby proffers an 8 -foot high masonry wall to be constructed along the western property line adjacent to Tax Map Parcels 65G- ((1)) -36 and 65G- ((1)) -37 and as illustrated in Exhibit B, attached to and made part of these proffers. F.) Structural Requirements In the event that a two -story structure is developed on this property, the applicant hereby proffers that no windows, sliding glass doors or decks will be constructed on the second floor level along the western property line to provide for the privacy of the residents of the Saratoga Meadows Subdivision. File #3137/MDS /dls Greenway Engineering February 25, 2002 Hazel C. Lambert Revised May 1, 2002 Rezoning Revised June 7, 2002 G.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts 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: / By: J c � � ��.� 64 -7 a Hazel CJLambert Date Commonwealth of Virginia, citx County�of I rPde i L To Wit: The foregoing instrument was acknowledged before me this 17 day of J u v7 (�, 20U by 0. L c m k�e•'+ f Notary Public My Commission Expires �eh� ZQ 2ao q— File #3137NDS /dls 00 o� _ SE�ySFNY Ti, � a CO In / o m 4.2' iqs 72 .00- 21.,7' 1 IRS 2 � 24.2' 4 w �c t N I N 21.T 20.0 V) TM 65G- ((1)) -37 I ym o /Rs TRAVIS J. TISINGER o DB 946 PG 213 W y ❑, v c o Ch OIO W Q 1 Io 1 L b o Q W � i 4'K i 4Q Q) O N to co TM 65 ((I)) ROBERT A. STIFF & y 3 3 4! BRENDA S. STIFF W DB 934 PG 976 �� O NCi m2 O CONC. 54.90' 1 IRS 85.01' MOH. i C) ---/ N 88'14'50" W 141.73' TM 65A- ((7)) -7 LEGEND: KATHY S. KERNS DB 568 PG 549 IRF = IRON ROD FOUND IRS = IRON ROD SET 40 0 40 NOTES: GRAPHIC SCALE (IN FEET) 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. PLAT BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. J. NO PORTION OF THIS PROPERTY SHOWN HEREON LIES WITHIN THE 100 YEAR FLOOD ZONE, PER FEMA F.LR.M. COMMUNITY -PANEL #510063- 0115 -B, DATED JULY 17, 1978 BOUNDARY SURVEY TH OF LOTS 8 & 9 — N.L. PATTON, SR. SUBDIVISION STANDING IN THE NAME OF HAZEL C. LAMBERT . SHAWNEE MAGISTERIAL DISTRICT.- FREDERICK COUNTY, VIRGINIA U DARREN S. FOLT a SCALE: 1" = 40' 1 DATE: FEBRUARY 19, 2002 N0.002257 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22802 Surveyors TELEPHONE: (540) 082 -4185 FAR: (540) 722 -9520 Founded in 1971 E—MAIL: www.greenwayeng . com 3137 SHEET 1 OF 1 Hj EXHIBIT A v _ I �1s¢ 11 HAIX D. S`il' Na.O]]091 6CALE: HA NOiE iNIB DEtgl� DEHp.19TRglE9 THE .Ll. ALL TTPE CP HpTERIAL .Ll. LL JNEER E DA AT 49PECT5 WILL BE Te( P L ERD T THE TIME Cs BITE L44 APpRDyAL, X TER ( a z w a U� h r P. / W µl O Q lR W E- f� ( W W W N RAR: FggRVARY 2002 �CEEENIN[ W4 it � i SelllSeNY 1 ?0AI om zQ1 TM 65G- ((1)) -37 rm r ,' rRs ' PROP. AREA TO BE TRAVIS J. T /SINGER DB 946 PG 213 max° DEDICATED FOR RIGHT -OF -WAY OI pIN k W 2 2 — N f- M 0 M Q) W _— I v n� ^14� 1 Q O TM 65G- ((I)) -36 0 ~ Z ROBERT A. STIFF & Z 3 Z 3 o W BRENDA S. STIFF I DB 934 PG 976 �� O Im wn— III / / —. KATHY S. KERNS DB 568 PG 549 PROPOSED RIGHT —OF —WAY DEDI HAZEL LAMBERT RID HUD MAG Mnr. DISTRIC1 o ° ° em m i. DATE: MARCH 2002 SCALE: 1"=50' GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662 -4185 MARK D. SMITH No.022837 FAX: (540) 722 -9528 in 1971 www.greenwayeng.com