64A159T_GrovesWinchesterHarleyDavidsonAMENDMENT
Action:
PLANNING COMMISSION: April 2, 2008 - Recommended Approval
BOARD OF SUPERVISORS: May 14, 2008 ID APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02 -08 OF GROVE'S WINCHESTER HARLEY - DAVIDSON
WHEREAS, Rezoning #02 -08 of Grove's Winchester Harley- Davidson, submitted by Potesta and
Associates, to rezone 0.2934 acres from RA (Rural Areas) District to B2 (General Business) District, with
proffers dated January 9, 2008, for a parking expansion, was considered. The property is located at the
comer of Independence Drive (Route 1092) and Millwood Pike (Route 50), in the Shawnee Magisterial
District, and is identified by Property Identification Number 64- A -159T.
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 2, 2008; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 14, 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 0.2934 acres from RA (Rural Areas) District to B2 (General Business) District, for a parking
expansion, subject to the attached conditions voluntarily proffered in writing by the applicant and the
property owner.
PDRes N 11 -08
This ordinance shall be in effect on the date of adoption.
Passed this 14th day of May, 2008 by the following recorded vote:
Richard C. Shickle, Chairman
Aye
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
f ,
John RI Riley, Jr.`"
Frederibk'County Administrator
PDRes. 411-08
PROFFER STATEMENT
REZONING: RA (Rural Areas) to B2 (Business General District)
PROPERTY: 0.2934 acres to be zoned RA to B2, within total 8.28 acre B2 zoned
property, Tax Map #64-A-1 59T
RECORD OWNER: Jobalie, LLC
APPLICANT: Jobalie, LLC
PROJECT NAME: Grove's Winchester Harley- Davidson, Inc. — Parking Lot
ORIGINAL DATE
OF PROFFERS: January 9, 2008
REVISION DATE(S): N/A
The undersigned hereby proffers that the use and development of the subject property
( "Property "), as described above, shall be in strict conformance with the following conditions,
which shall supersede all other proffers that may have been made prior hereto. In the event that
the above referenced B2 conditional rezoning is not granted as applied for by the applicant
(`Applicant "), these proffers shall be withdrawn and shall be null and void. Further, these
proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that
rezoning which is in effect on the day following the last day upon which Frederick County Board
of Supervisors (the "County ") decision granting the rezoning may be contested in the appropriate
court. If the County's decision is contested, and the Applicant elects not to submit development
plans until such contest is resolved, the term rezoning shall include the day following entry of a
final court order affirming the decision of the County which has not been appealed, or, if
appealed, the day following which the decision has been affirmed on appeal.
The term "Applicant" as referenced herein shall include within its meaning all future owners and
successors in interest.
LAND USE PROFFER:
Development on the 0.2934 acres rezoned property shall be limited to off - street parking lot and
associated landscaping. This Proffer does not apply to remainder of TM64- A -159T property.
Ingress and egress to this portion of the property shall only be accessed through the existing
Harley Davidson entrance off of Independence Drive.
Respectfully submitted,
JOBALTE, LLC
By<:2aj '2�94
Title: (E_e:6S
Date: �' ?/ zU6
STATE OF , AT LARGE
COUNTY, To -wit:
The forgoing
instrument was
acknowledged before me this
2-1 day of
2008, by
\_� � \ \F, S C`r\ l
My commission e
JILL F SMITH °4 ,
MY
EXPIRES September 05, 2011
(401j 398 -0153 Flo,daNiDwrysem:e.Wm
Notary Public: C� A —��L