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76A1_ShenandoahMobileCourtsIncAction: PLANNING COMMISSION: BOARD OF SUPERVISORS AMENDMENT September 17, 2003 October 8, 2003 Recommended Approval ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #09 -03 OF SHENANDOAH MOBILE COURTS, INC. WHEREAS, Rezoning #09 -03 of Shenandoah Mobile Courts, Inc., submitted by Greenway Engineering, to rezone 7.08 acres from RA (Rural Areas) District to MH -1 (Mobile Home Community) District for property located on the east side of Front Royal Pike (Route 522), 1,000 feet south of the intersection of Route 522 South and Papermill Road (Route 644), and is identified with Property Identification Number 76 -A -I in the Shawnee Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on September 17, 2003; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 8, 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 7.08 acres from RA (Rural Areas) District to MH -1 (Mobile Home Community) 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 424 -03 This ordinance shall be in effect on the date of adoption. Passed this 8th day of October, 2003 by the following recorded vote: Richard C. Shickle, Chairman Ave Sidney A. Reyes Nay Gina A. Forrester Nay Margaret B. Douglas Aye W. Harrington Smith, Jr. Aye Robert M. Sager Ave Lynda J. Tyler PDRes. 424 -03 0 V esolutions�W3 Rezoning Resolutions\Shrnmdoah Mob CU wpd Aye A COPY ATTEST i John RKRiley, Jr. Frederick County Administrator SHENANDOAH MOBILE COURTS, INC. REZONING Tax Parcel 76- ((A)) -1 0�C { 0 Shawnee 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 # C q -03 for the rezoning of approximately 7.08 acres from the Rural Area (RA) zoning district to Mobile Home Community (MH -1) 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 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 Shenandoah Mobile Courts, Inc, being all of Tax Map Parcel 76- ((A)) -i with a total area of 14.21 acres. A.) Maximum Density The subject mobile home community shall not exceed 20 units for the entire 7.08 acres. C.) 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. Respect' 11 S mitted: 1 lv Shenandoah Mobile Courts, Inc — President Con wealth of Virginia, city ount f Fredey� ci — To wit: The foregoing instrument was acknowledged before me this 2*1 day of 0--ial6ey- 2003 D. 5(V11+ki PreQi e,4 ,i+- Shea i L Mori le C-ou4S Notary Public My Commission Expires r;�Ya 2q 4 _ :acs Coti naiSSianeeE o a✓L as I)Orwa, L . St�PI1P�n5 He 43644NDSMIm