64A14_ShepardPropertiesAMENDMENT
Action:
PLANNING COMMISSION
BOARD OF SUPERVISORS:
March 3, 2004 Recommended Approval
April 14, 2004 0 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
# /_
REZONING04 OF SHEPARD PROPERTIES
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WHEREAS, Rezoning04 of Shepard Properties, submitted by Greenway Engineering, to
rezone two parcels totaling 1.17 acres from RA (Rural Areas) and B2 (Business General). The subject
properties are located west and adjacent to Front Royal Pike (Route 522 South), approximately 1,500
feet south from the intersection with Airport Road (Route 645), and are identified with Property
Identification Numbers 64 -A -14 and 64 -A -15 in the Shawnee Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on March 3, 2004; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 14, 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 1.17 acres from RA (Rural Areas) 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.
PD Res #02 -04
This ordinance shall be in effect on the date of adoption.
Passed this 14th day of April, 2004 by the following recorded vote:
Richard C. Shickle, Chairman Ave Barbara E. VanOsten Ave
Gina A. Forrester A.,, Gary Dove ATe
W. Harrington Smith, Jr. Aye Bill M. Ewing Aye
Lynda J. Tyler
Aye
A COPY ATTEST
John w
Frederick County Administrator
PD Res. 902 -04
Greenwav Engineering December 8, 2003 Shepard Rezoning
SHEPARD REZONING
Tax Parcels 64- ((A)) -14 & 64- ((A)) -15
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 #_P /_c
for the rezoning of 1.17 acres from the RA, Rural Areas District to establish 1.17 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 Michael Shepard
and Cheryl Shepard being all of Tax Map Parcels 64- ((A)) -14 and 64- ((A)) -15, and
further described by Deed Instruments 030000500 and 030000501 recorded in the
Frederick County Clerk of the Court Office on January 10, 2003.
The applicant hereby proffers the following:
A.) Site Access
1. The applicants hereby proffer to utilize a shared entrance to provide access to tax
map parcels 64- ((A)) -14 and 64- ((A)) -15. An ingress /egress easement will be
established with the Site Development Plan for the two parcels to provide for
access to each parcel and to provide for the maintenance of the shared entrance.
Furthermore, the applicants hereby proffer to provide for a right turn/taper lane on
Front Royal Pike (Route 522) to the shared entrance to provide for safe access to
the two parcels.
2. The applicants hereby proffer to provide for ten -foot (10) pedestrian access
easements that will provide linkages to the parcels immediately north of tax map
parcel 64- ((A)) -14 and immediately south of tax map parcel 64- ((A)) -15. The
ten -foot (10) pedestrian access easements will be established with the Site
Development Plan for the two parcels to provide for potential connectivity to the
on -site sidewalk system by others to promote inter - parcel pedestrian systems.
File N357TEAW
Greenway Engineering December 8, 2003 Shepard Rezoning
B.) Corridor Appearance
1. The applicants hereby proffer to enhance the Front Royal Pike (Route 522)
corridor through the implementation of a conceptual landscape schematic plan
prepared by Greenway Engineering, dated December 2003 and attached as a
proffered exhibit. The conceptual landscape schematic provides deciduous
flowering trees, shade trees, massing of shrubs and flowers to add interest and
seasonal color along this portion of the Front Royal Pike corridor. All plant
materials will be maintained by an automated sprinkler system that is installed by
the applicant.
2. The applicants hereby proffer to limit the number of freestanding business signs
to one for tax map parcel 64- ((A)) -14 and one for tax map parcel 64- ((A)) -15.
Furthermore, the applicants hereby proffer to limit the height of each freestanding
business sign to twenty (20) feet.
C.) Land Use Restrictions
The applicants hereby proffer to restrict the following B -2 District land uses from tax
map parcels 64- ((A)) -14 and 64- ((A)) -15:
SIC 483
Radio and Television Broadcasting Stations
SIC 49
Electric, Gas and Sanitary Sewer Facilities, excluding offices
SIC 551
Motor Vehicle Dealers (New and Used)
SIC 552
Motor Vehicle Dealers (Used Only)
SIC 555
Boat Dealers
SIC 556
Recreational Vehicle Dealers
SIC 557
Motorcycle Dealers
SIC 559
Automotive Dealers, Not Elsewhere Classified
SIC 701
Hotels and Motels
SIC 704
Organization hotels and lodging
SIC 7542
Car Washes
SIC 7832
Motion Picture Theaters
SIC 7999
Golf Driving Ranges and Miniature Golf Courses
-- - - - - --
Adult Retail Uses
File #3577/EAW 2
Greenway Engineering December 8, 2003 Shepard Rezoning
D.) Monetary Contribution for Fire and Rescue Services
The applicants hereby proffer to provide a cash payment of $200.00 to be directed to
Millwood Volunteer Fire and Rescue 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 first structure developed on either tax map
parcel 64- ((A)) -14 or tax map parcel 64- ((A)) -15.
E.) 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:
Michael Shepard Date
By: O�'
Cheryl Shepard Date
Commonwealth of Virginia,
City o_unty pf To Wit:
The foregoing instrument was acknowledged before me this221ay of JCU)L,02
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_ Notary Public
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File #3577 /EAW
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