54G113A_HamptonInnEVO I 30l1 01-VOIJ
Action:
PLANNING COMMISSION:
November 19, 2003 -
Recommended Approval
BOARD OF SUPERVISORS
December 10, 2003
Q APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #14 -03 OF HAMPTON INN
WHEREAS, Rezoning 914 -03 of Hampton Inn was submitted by Greenway Engineering to rezone
a parcel consisting of .20 acres from RP (Residential Performance) to B3 (Business General). This
property is located on the east side of Ross Street (Route 712) approximately 500 feet north of
Berryville Avenue and is identified with Property Identification Number 54G -1 -13A in the Stonewall
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 19,2003;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 10, 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 .20 acres from RP (Residential Performance) to B3 (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#28 -03
This ordinance shall be in effect on the date of adoption.
Passed this 10' day of December, 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
John WRiley, Jr.
Frederick County Administrator
PDRes. 428 -03
0: \Resolutions\2003 Rezoning Resolutions \Hampton tnn.wpd
Greenway Engineering September 29, 2003 Hampton Inn Rezoning
HAMPTON INN - ROUTE 7 REZONING
Tax Parcel 54G- ((1)) -13A
Stonewall Magisterial District
Preliminary Matters
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 #11: 03
for the rezoning of 0.20± acres from the RP, Residential Performance District to establish
0.20*_ acres of RP, Residential Performance 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 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 land owned by Aikens & Allen
L.P., L.L.P. being all of Tax Map Parcel 54G- ((1)) -13A, and further described by Deed
Book 942, Page 580 recorded July 16, 1999 in the Frederick County Clerk of the Court
Office.
The applicants hereby proffer the following:
A.) Land Use Restrictions
The applicants hereby proffer to redevelop the existing residential parcel as a parking lot
only.
B.) Access
The applicants hereby proffer to eliminate the existing access to Ross Street (Route 712),
and to provide access to the 0.20± acre parcel through an internal connection to the
existing Hampton Inn parking lot that is served by an existing entrance on Ross Street.
File #W- 218/EAW I
Greenway Engineering September 29, 2003 Hampton Inn Rezoning
C.) Design Standards
The applicants hereby proffer to develop the parking lot with a minimum setback of ten
(10) feet from Ross Street and further proffer to develop the parking lot in conformance
with the parking lot design standards specified in the City of Winchester Zoning
Ordinance to ensure continuity with the existing parking lot serving the Hampton Inn.
D.) 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:
B / �o --
Aikens & Allen L.P., L.L.P. Date
1
Commonwealth of Virginia,
Cit3County £ Fl To wit:
The foregoing instrument was acknowledged before me this 2-4 of 06
2003 by Qal+ev� H • A l kevis, rnawqr c of N ke + At ley) L P. L. L P
Notary Public
My Commission Expires F b 2- zao4
- L was oovvim',Ssiootd, o l oirc� as Donna L. S{ePVens
File kW- 218 /EAW 2