33A162_WilliamHLawrenceIIIAMENDMENT
Action:
PLANNING COMMISSION: July 21, 2004 - Recommended Approval
BOARD OF SUPERVISORS: August 11, 2004 0 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #07 -04 OF WILLIAM H. LAWRENCE, III
WHEREAS, Rezoning #07 -04 of William H. Lawrence, III, submitted by Gilbert W. Clifford &
Associates, Inc., to rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General)
District. This property is located south and adjacent to Clearbrook Presbyterian Church on the east side
of Martinsburg Pike (Route 11 N), surrounded to the east and south by Clearbrook Park, and is
identified with Property Identification Number 33 -A -162 in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 21, 2004; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 11, 2004; 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 1.965 acres from RA (Rural Areas) District 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 @ 11 -04
This ordinance shall be in effect on the date of adoption.
Passed this 11` day of August, 2004 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gina A. Forrester
Aye
Gary Dove
Aye
W. Harrington Smith, Jr.
Dece ased
Bill M. Ewing
Aye
Lynda J. Tyler
Aye
A COPY ATTEST
J
John R. . ey, Jr.
Frederick County Administrator
PDRes. #11 -04
REZONING REQUEST PROFFER
Property Identification Number 33A162
Stonewall Magisterial District
William H. Lawrence, III
3416 Martinsburg Pike
Clearbrook, Virginia
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 rezoning, the undersigned
applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia,
shall approve Rezoning Application # 07 -04 for the rezoning of 1.965 acres from the present RA
to B -2. Development of the subject property shall be done in conformity with the terms and
conditions set forth herein, except to the extent that such teens 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
bind ng upon the applicant and their legal successor or assigns.
General Development Plan
The Generalized Development Plan (GDP) attached to this proffer shows current uses only; an end
user has not been identified at the time of rezoning. The GDP shows the location of site
improvements proffered by the applicant that will be applicable to all future uses. These
improvements are identified by numeric labels on the GDP that correspond with associated proffer
text.
Monetary Contribution to Offset Impact of Development
The undersigned, who owns the above described property, hereby voluntarily proffer that if the
Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 1.965 acre
tract near Clearbrook, Virginia in the Stonewall Magisterial District of Frederick County, Virginia
from existing RA to B -2 the undersigned will pay to Frederick County, at the time a building permit
is issued for the first future use, a lump sum payment of two thousand dollars ($2,000.00) for Fire
and Rescue Company and two thousand dollars ($2,000.00) for Sheriff's Office.
Prohibited Uses on This Site
In reviewing the types of use allowed in the B -2 zone, the owner has determined certain classes of
uses are inconsistent with good planning on this site.
The undersigned owner shall voluntarily prohibit the following uses from existing on the subject
properties:
SIC 55 ' Automotive dealers and gasoline service stations including truck stop facility
SIC 721 Laundry, dry - cleaning and garrnent services
SIC 7542 Car wash as a Primary Use
Page 1 of 3
Revised 6/23/04
Revised 7/27/04
REZONING REQUEST PROFFER
Property Identification Number 33A162
Stonewall Magisterial District
William H. Lawrence, III
SIC 7999 Golf Driving Range
------ Self Service Storage Facilities ( d u ct warehouse)
- - - - - - Commercial Batting Cages
Site Improvements (Refer to Figure 4 fox General Locations - Ap2plicable to All Future Uses)
1. Site entrances on Routes 11 and 664 shall be limited to one on U.S. Route 11. (See 1)
2. A 20' roadside landscape buffet shall he provided including a low berm (2' height) with
mixed ornamental plantings consistent with good sight line chai:actetisucs for highway
entrances. (See 2)
3. A 10' landscaped buffer consisting of evergreen slu abs or trees shall be provided along
the common boundary with the Cleatbrook Pails (See 3).
4. Low impact lighting shall be utilized.
The conditions proffered above shall be binding upon the hcits, executors, administrators, assigns
and successors in interest of the Applicant and Owner. In the event the Frederick County Board of
Supctvisots 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.
Respectfully submitted,
PROPERTY OWNER
Date: 11
STATE OF VIRGTNTA, AT LARGE
FREDERICK COUNTY, To -wit:
-fh
The, foregoing instrument was acknowledged before me this ! day of ra�pu5�
2004, by ( P L00)(
30 1\1 co ssion,expires I I
Notary Public
.. _ Page 2 of 3
Revised 6123/04
Revisut 7/27/04
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