42A81_David&LindaHicksAMENDMENT
Action:
PLANNING COMMISSION: July 7, 2004 - Recommended Approval
BOARD OF SUPERVISORS: August 11, 2004 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #09 -04 OF DAVID A. AND LINDA W. HICKS
WHEREAS, Rezoning 909 -04 of David A. and Linda W. Hicks, submitted by Greenway
Engineering, to rezone .85 acres from the RA (Rural Areas) District to the B2 (Business General)
District. The subject property is located in the northwestern quadrant at the intersection of North
Frederick Pike (Route 522 N) and Burnt Church Road (Route 678), and is identified by Property
Identification Number 42 -A81 in the Gainesboro Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 7, 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 .85 acres from the RA (Rural Areas) District to the 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 N 13 -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 A yP Barbara E. Van Osten Aye—
Gina A. Forrester
Aye
Gary Dove
Aye
W. Harrington Smith, Jr.
Deceased
Bill M. Ewing
Aye
Lynda J. Tyler
Aye
A COPY ATTEST
John R. '1 , Jr. /
Frederic ounty Admin strator
PDRes. 413 -04
Greenway Engineering January 27, 2004 Old Massey Store Rezoning
Revised July 8, 2004
OLD MASSEY STORE REZONING
Tax Parcel 42- ((A)) -81
Gainesboro 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 # 0 `7 -0 y
for the rezoning of 0.85 acres from the RA, Rural Areas District to establish 0.85 acres of
B2, Business General 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 David A. Hicks
and Linda W. Hicks being all of Tax Map Parcel 42- ((A)) -81, and further described by
Deed Instrument 030024908 recorded in the Frederick County Clerk of the Court Office
on October 29, 2003.
The applicant hereby proffers the following:
A.) Land Use Restrictions
The applicants hereby proffer to limit the land uses for the 0.85 -acre parcel to the
following:
Land Use
SIC
General Business Offices
- - - --
Finance, Insurance & Real Estate Offices
- - - --
Legal Services
81
Engineering, Architectural and Surveying Services
871
Accounting, Auditing and Bookkeeping Services
872
Management and Public Relations Services
874
File 93865 /EAW
Greenway Engineering January 27, 2004 Old Massey Store Rezoning
Revised July 8, 2004
B.) Site Access
The applicants hereby proffer to prohibit any connection to North Frederick Pike (Route
522 North) and to limit access on Burnt Church Road (Route 678) to one commercial
entrance.
C.) Structural Development
The applicants hereby proffer to limit the development on the 0.85 -acre parcel to
a maximum of 8,000 square feet of structural area.
1 The applicants hereby proffer to limit the structural height to thirty -five (35) feet
from the first floor to the apex of the roof.
3. The applicants hereby proffer to utilize similar construction materials on all
building walls including brick, vinyl or dryvit, and that the roof will be standing
seam metal or dimensional single construction.
The applicants hereby proffer to develop the structure in substantial conformance
with the perspective rendering entitled "Hick's Construction ", prepared by Design
Concepts and dated June 1, 2004.
D.) Business Signs
The applicants hereby proffer to limit the number of freestanding business signs to one
sign on the 0.85 -acre parcel. The freestanding business signs is proffered to be of
monument style construction and will not exceed twelve (12) feet in height.
E.) Outdoor Storage
The applicants hereby proffer to prohibit outdoor storage on the 0.85 -acre parcel.
F.) Monetary Contribution for Fire and Rescue Services
The applicants hereby proffer to provide a cash payment of $1,000.00 to mitigate impacts
to Fire and Rescue Services. The applicants will provide the cash payment to Treasurer
of Frederick County, Virginia at the time of building permit issuance for the 0.85 -acre
parcel.
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.
File k3865/EAW
Greenway Engineering
Respectfully Submitted:
January 27, 2004 Old Massey Store Rezoning
Revised July 8, 2004
By:
David A. Hicks D to
Linda W. Hicks Date
Commonwealth of Virginia,
Ci Coun - of S -ede 1CL To Wit:
The foregoing instrument was acknowledged before me this2 of JLA
O
My Commission Expires Fe�Z9, 2EXK
Notary Public
File 93865/EAW