55A206B_FrederickCountySchoolBoardAMENDMENT
Action:
PLANNING COMMISSION: March 5, 2008 - Recommended Approval
BOARD OF SUPERVISORS: March 26, 2008 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 901 -08 OF FREDERICK COUNTY SCHOOL BOARD
WHEREAS, Rezoning #01 -08 of Frederick County School Board, submitted by Greenway
Engineering to rezone 15.24 acres from the RP (Residential Performance) District with proffers, to the RP
District with modified proffers dated January 21, 2008 and revised February 7, 2008, for the 12`
Elementary School, was considered. The property adjoins Senseny Road to the north and Charming Drive
to the west, approximately 3,000 feet east of Greenwood Road, in the Red Bud Magisterial District, and is
identified by Property Identification Number 55- A -206B.
WHEREAS, the Planning Commission held a public hearing on this rezoning on March 5, 2008; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 26, 2008; 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 15.24 acres from the RP (Residential Performance) District with proffers, to the RP District with
modified proffers, dated January 21, 2008 and revised on February 7, 2008, for the 12` Elementary
School, subject to the attached conditions voluntarily proffered in writing by the applicant and the
property owner.
PDRes #09 -08
This ordinance shall be in effect on the date of adoption.
Passed this 26th day of March, 2008 by the following recorded vote:
Richard C. Shickle, Chairman A y e Gary A. Lofton Aye
Gary W. Dove A y e Bill M. Ewing Aye
Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye
Philip A. Lemieux Aye
A COPY ATTEST
John VMey, Jr.
Freder County Administrator
PDRes #09 -08
Greenway Engineering January 21, 2008 0b Elementary School Rezoning
Revised February 7, 2008
12 ELEMENTARY SCHOOL REZONING
Tax Parcel 55- ((A)) -206B
Red Bud Magisterial District
REZONING: RZ # 01-09
Residential Performance District (RP) with proffers to Residential
Performance District (RP) with modified proffers.
PROPERTY: 15.24± acres (5.0± acre portion previously proffered)
Tax Parcel 55- ((A)) -206B (here -in after the "Property ")
RECORD OWNER: County School Board of Frederick County, Virginia
APPLICANT: County School Board of Frederick County, Virginia (here -in after
the "Applicant ")
PROJECT NAME: 12` Elementary School
• ORIGINAL DATE
OF PROFFERS: February 18, 2004 (Bean Property Rezoning — formerly Tax Parcel
55 -((A)) -208)
REVISION DATE: February 7, 2008
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,?
for the rezoning of 15.24± acres from the RP, Residential Performance District with
proffers on 5.0± acres of the Property to establish 15.24± acres of RP, Residential
Performance District with proffers over the entire Property, 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.
File #2185WEAW
Greenway Engineering January 21, 2008 Or Elementary School Rezoning
Revised February 7, 2008
The subject Property, more particularly described as the land owned by the County
• School Board of Frederick County, Virginia being all of Tax Map Parcel 55- ((A)) -206B,
and further described by Final Consolidation and Subdivision Plat of the Land of Taylor -
Grace. LLC, prepared by Greenway Engineering dated September 25, 2007 and recorded
as Deed Instrument 070019473 on December 28, 2007 in the Frederick County Clerk of
the Court Office.
PROFFER STATEMENT
A.) Conditional Zoning Modification
The Applicant hereby proffers to eliminate all conditions associated with the February
18, 2004 Proffer Statement previously approved for the S.O± acre portion of the Property
(formerly Tax Parcel 55 -((A)) -208). The Applicant hereby proffers that all conditions
associated with the 1999 rezoning of the remaining portion of the Property shall remain
in place.
B.) Land Use
The Applicant hereby proffers to develop and utilize the 15.241 acre subject Property as
a public use area.
•
File #2185R/EAW 2
Greenway Engineerino
•
C.) Signatures
January 21, 2008 Elementary School Rezoning
Revised February 7, 2008
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:
By:
.XA.'/p a
County School Board of Frederick County Virginia
Patricia Taylor, Superintendent of Schools
Commonwealth of Virginia,
• City /6waft+Y of To Wit:
Notary Public
My Commission Expires qf _o 30 fa p�
•
Date
The foregoing instrument was acknowledged before me this O day of YUar
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Notary Publle
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My Cornmuslon Expfts Jun 30, 2000
File #2185R/EAW
NOTE FOR THE FILE
The reference in this proffer statement to a 1999 rezoning is referring
to the Charming Drive Rezoning #15 -99 and includes Parcel Numbers:
Lynnehaven, L.C. - 55 -((A)) -206 and 65- ((A)) -30, 31
Giles Farm - 65- ((A)) -39, 39A
Sheppard /Futral - 55 -((A)) -209, 211, 213 and 65- ((A)) -40
The proffer also refers to former Tax Parcel 55 -((A)) -208 which is the
Bean Property Rezoning #04 -04.