54A1A_Ronald&VelmaSimkhovitchAMENDMENT
Action:
PLANNING COMMISSION: February 19, 2003 - Recommended Approval
BOARD OF SUPERVISORS: March 10, 2003 - Deferred Action for 30 Days
April 9, 2003 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 404 -03 FOR RONALD AND VELMA SIMKHOVITCH
WHEREAS, Rezoning #04 -03 of Ronald and Velma Simkhovitch was submitted by Artz &
Associates, PLC, to rezone 6.37 acres from B3 (Industrial Transition) to B2 (Business General). This
property is located at the intersection of Martinsburg Pike (Route 11) and Park Center Drive (Route
1323) and is identified with Property Identification Number 54A -1 -A in the Stonewall Magisterial
District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on February 19,
2003: and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 10, 2003
and a public meeting on April 9, 2003; 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 6.37 acres from B3 (Industrial Transition) to B2 (Business General) 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 #07 -03
This ordinance shall be in effect on the date of adoption.
Passed this 9 1h day of April 2003 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
Jo 'ley, Jr.
Fre ck County dministrator
PDRes. #07 -03
0 : ,.d. COMMENTS \REZONING \RESOLD N 003 REZ Ra01u1i., \ROn Simkhovimh,,d
REVISED REZONING REQUEST PROFFER
PROPERTY IDENTIFICATION NUMBERS 54A- ((1)) -A
STONEWALL DISTRICT
PROPERTY OF RONALD S. & VELMA B. SIMKHOVITCH
Preliminary Matters
Pursuant to Section 15.2 - 2296 et. set ., 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 # 04 -03 for the Rezoning of 6.37 acres from B3 Industrial Transition Zoning
District to B2 Business General 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 Virginia law. In the even 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 successors or assigns.
The subject property is more particularly described as a portion of the land conveyed to Ronald S. & Velma
B. Simkhovitch by deed dated September 22, 1999 and recorded in Deed Book 948, Page 247, and further
being a portion of the property designated as Parcel A on the plat of Boundary Line Adjustment dated
December 2, 2001 and recorded and in Instrument 4020000400. Both deeds being of record in the
Frederick County Circuit Court Clerk's Office. See the attached plat by Artz & Associates dated March 29,
2002 for a specific delination of the proposed area to be rezoned
Landscaping
The development of the subject property and the submission of any Site Plan will provide for the following
landscape items:
1. An additional 12 trees along the interior sides of the existing Detention Facility at the
intersection of Martinsburg Pike and Park Center Drive.
2. A 10' wide landscaped strip parallel to Martinsburg Pike, north of the new entrance, consisting
of a three foot tall evergreen hedgerow and ground cover.
3. A 10' wide landscaped strip parallel to Martinsburg Pike, south of the new entrance, consisting
of shrubs and ground cover.
4. A 20' wide landscaped strip along the southern side and adjacent to RP zoned land, consisting
of 4 trees per 10 linear feet.
Tree or shrub size, species, and maintenance shall be in conformance with existing Zoning Regulations
Street Connections
The development of the subject property shall proffer only one connection to Martinsburg Pike (U.S. Route
11)
Maximum Square Footage of Buildings
The development of the subject property shall proffer that the maximum combined total square footage of
buildings shall not exceed 100,000 square feet.
Monument Style Sign
The development of the subject property shall proffer one monument style sign along Martinsburg Pike.
Said sign shall be limited to 15' in height and a maximum area of 100 square feet.
REZONING REQUEST PROFFER
Property Identification Numbers 54A- ((1)) -A
Shawnee Magisterial District
PROPERTY OF RONALD S. & VELMA B. SIMKHOVITCH
Page 2
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 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.
DATE: U3 _ ( ' 3)
DATE: (25 — 0-3 - - 3
NOTARY CERTIFICATE:
STATE OF VIRGINIA; CITY /C -01 �F to -wit.
The foregoing instrument was acknowledged before me this
day of / "JA , 20 t)3 by Ronald S. Simkho itch and Velma B. Simkhovitch
My commission expires / to . 3' a"`( 4
6 1 7 Notary Publi
Respectfully Submitted: