75A91E_CommonwealthBusinessCntrLot5Action:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
AMENDMENT
September 7, 2016 -
September 28, 2016 -
Recommended Approval
X APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #09-16 COMMONWEALTH BUSINESS
CENTER LOT 5
WHEREAS, Rezoning #09-16 of Commonwealth Business Center Lot 5, submitted by Greenway
Engineering, Inc., to rezone 1.21 acres from B3 (Industrial Transition) District to the B2 (General Business)
District with proffers, final revision date of August 10, 2016 was considered. The Property is located on
the north side of Commonwealth Court (Route 1167) approximately 500' east of the intersection with
Valley Pike (US Route 11 South). The Property is further identified with PIN 75-A-91 E in the Back Creek
District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on September 7, 2016
and recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 28,
2016; 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
rezone 1.21 acres from B3 (Industrial Transition) District to the B2 (General Business) District with
proffers, final revision date of August 10, 2016. The conditions voluntarily proffered in writing by the
Applicant and the Property Owner are attached.
PDRes #32-16
-2-
I ills ordinance shall be in effect on the date of adoption.
�-7
G"3
Passed this 28th day of September, 2016 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye
Robert A. Hess Aye Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
&C.
4"
Brenda G. .4hGarton
Frederick County Administrator
vIXGINIA: FR.-:DERICK COUNTY.S(71.
This instrument of writing was produced to me on p
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
$ WA , and 58.1-801 have been paid, if assessable.
k64a /9 , Clerk
PDRes #32-16
BOS Res. #022—±6
c.
Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning
Revised August 10, 2016
COMMONWELATH BUSINESS CENTER — LOT 5
1 6 0 0 0 9 8 9 () PROFFER STATEMENT
REZONING: RZ #
B-3, Industrial Transition District to B-2 Business General District
with proffers
PROPERTY: 1.21± acres
Tax Map Parcel 75 -A -91E (here -in after the "Property")
RECORD OWNER: Executive Protection Systems, LLC (here -in after the "Owner")
APPLICANT: Greenway Engineering, Inc. (here -in after the "Applicant")
PROJECT NAME: Mosaic Bible Church Rezoning
ORIGINAL DATE
OF PROFFERS: June 24, 2016
REVISION DATE: August 10, 2016
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 Owner hereby proffers that in the event the Board of Supervisors
of Frederick County, Virginia, shall approve Rezoning Application # for the
rezoning of a 1.21± -acre parcel from the B-3, Industrial Transition District to establish
1.21± -acres of B-2, Business General District with proffers, development of the 1.21± -
acre 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 Owner 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 Owner and their legal
successors, heirs, or assigns.
The Property, more particularly described as the land owned by Executive Protection
Systems, LLC, being all of Tax Map Parcel 75 -A -91E, as evident by Special Warranty
Deed recorded as Instrument #120008859/0339, and further described by Boundary Line
Adjustment Survey Plat prepared by Marsh & Legge, Land Surveyors, P.L.C. dated
September 29, 1999 (see attached Survey Plat).
File #2530M/EAW
Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning
Revised August 10, 2016
A.) Land Use Restrictions
1. The Owner hereby proffers to prohibit the following land uses on the Property:
General Merchandise Stores
Commercial Daycare Facilities
Adult Retail
SIC 53
No SIC Indicated
No SIC Indicated
2. The Owner hereby proffers to restrict church facilities from providing daycare
service and private school service on the Property.
B.) Site Development
1. The Owner hereby proffers prepare a conceptual sketch plan and associated
information for the adaptive reuse of the property as a church facility without
daycare or private school service to the Planning Department.
C.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers to provide a monetary contribution of $500.00 for County
Fire and Rescue services. The monetary contribution shall be made payable to Frederick
County at the time of issuance of the Certificate of Occupancy Permit for the Property.
OWNER SIGNATURE ON FOLLOWING PAGE
File #2530M/L,AW 2
Greenway Engineering
Owner Signature
June 24, 2016 Mosaic Bible Church Rezoning
Revised August 10, 2016
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the 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:
Executive Protection Systems, LLC
By:
Authorized Agent Date
Commonwealth of Virginia,
City/County of Fll)Lr"L ( To Wit:
The foregoing instrument was acknowledged before me this 0/ly of f7 o—/ s /-
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File #2530M/FAW