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HomeMy WebLinkAbout86A111_MillerHardwareAction: PLANNING COMMISSION: October 5, 2016 BOARD OF SUPERVISORS: October 26, 2016 - AMENDMENT Recommended Approval © APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 10-16 MILLER HARDWARE O 0 WHEREAS, Rezoning #10-16 of Miller Hardware, submitted by Greenway Engineering, Inc., to rezone 0.63 acres from RP (Residential Performance) District to the B2 (General Business) District with proffers, final revision date of September 8, 2016 was considered. The Property is located on the north side of Fairfax Pike (Route 277) approximately 900' east of Warrior Drive (Route 1141). The Property is further identified with PIN 86-A-11 I in the Opequon District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on October 5, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 26, 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, RE 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 0.63 acres from RP (Residential Performance) District to the B2 (General Business) District with proffers, final revision date of September 8, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes #40-16 -2 - This ordinance shall be in effect on the date of adoption. Passed this 26th day of October, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Robert A. Hess Aye Gene E. Fisher Aye Blaine P. Dunn PDRes #40-16 BOS Res #028-16 Aye Gary A. Lofton Aye Robert W. Wells Aye Judith McCann -Slaughter Aye A COPY ATTEST Brenda G. Garton Frederick County Administrator vigUIMA:Fk�,DERICK COUNTY.SCI - This instrument of writing was produced to me on 0 at /0#'YOAM and with certificate acknowledgement thereto annexed avas admitted to record. Tax imposed by Sec. 58.1-802 of $ , and 58.1-801 have been paid, if assessable. eea , Clerk O rU 0 Greenway Engineering August 1, 2016 Miller Hardware RezoningC Revised September 1, 2016 0 Revised September 8, 2016 li? 1600109619 MILLER HARDWARE REZONING SHENANDOAH PRESBYTERIAN CHURCH PROPERTY PROFFER STATEMENT REZONING: RZ # 1 -1 ie RP, Residential Performance District to RP, Residential Performance District and B-2 Business General District with proffers (proffers applicable to B-2 portion of Property) PROPERTY: 6.52± acres Tax Map Parcel 86-A-111 (here -in after the "Property") RECORD OWNER: Shenandoah Presbytery Corp (here -in after the "Owner") APPLICANT: Miller Hardware (here -in after the "Applicant") PROJECT NAME: Miller Hardware Rezoning — Shenandoah Presbyterian Church Property ORIGINAL DATE OF PROFFERS: August 1, 2016 REVISION DATE: September 8, 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 #1 6 - I �u­ for the rezoning of a 0.63± -acre portion, shown on the attached rezoning exhibit, of the 6.52±acre Property from the RP, Residential Performance District to establish 0.63± - acres of B-2, Business General District with proffers, and retain 5.89±acres of RP, Residential Performance District without proffers, development of the 0.63± -acre portion 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 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. Project #0603M 2 Greenway Engineering August 1, 2016 Revised September 1, 2016 Revised September 8, 2016 Miller Hardware Rezoning --o CD O �10 00 The Property, more particularly described as the land owned by Shenandoah Presbytery Corporation, a Virginia Corporation, being all of Tax Map Parcel 86-A-111, as evident by Deed recorded as Deed Book 763 Pagc 1610, and further described by Boundary Survey Plat prepared by L. Allen Ebert, Land Surveyor, dated October 9, 1987 also recorded as Deed Book 763 Page 1610 (see attached Survey Plat). A.) Land Use Restrictions 1. The Owner hereby proffers to limit the 0.63± portion of the Property to be rezoned to the B2, Business General District to the following uses: ➢ Accessory Outdoor Storage to a Permitted Primary Use ➢ Accessory Structures ➢ Stormwater Management Facilities and Appurtenances ➢ Utilities and Appurtenances ➢ Buffer and Screening Elements 2. The Owner hereby proffers that access to the 0.63± portion of the Property to be rezoned to the B2, Business General District will be accommodated by the existing commercial entrances serving Tax Map 86 -A -102E and that no new entrances to public roads will be created to serve the Property. B.) Boundary Line Adjustment Plat 1. The Owner hereby proffers to cause for the approval of a Boundary Line Adjustment Plat by Frederick County for the 0.63± portion of the Property to be rezoned to the B2, Business General District that will adjust this acreage into Tax Map Parcel 86 -A -102E. The Boundary Line Adjustment Plat shall be submitted to Frederick County within 30 days of final non -appealable rezoning approval. C.) Monetary Contribution to Offset Impact of Development 1. The Owner hereby proffers to cause for the provision of a monetary contribution in the amount of $800.00 for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County prior to any development activity associated with the 0.63± portion of the Property to be rezoned to the B2, Business General District. OWNER SIGNATURE ON FOLLOWING PAGE Project #0603M 3 Greenway Engineering Owner Signature August 1, 2016 Miller hardware Rezoning Revised September 1, 2016 Revised September 8, 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: Shenandoah Presbytery Corporation, a Virginia Corporation Authorized Agent Commonwealth of Virginia, City/County offlrLt'vUC. To Wit: 01 yl Date The foregoing instrument was acknowledged before me this Cl day of Z 201k by Ay1a 4, 2,6&ff Not4y Public My Commission Expires// / - 30 -, 1 Le eeeeeeeeDA ae�eo�,ss e \C�l.NO��; Wim.• PUSS-� � . � : REQ''' 25 Sg10N e �; �,� '• 1113012016•; �4Qa Project #0603M -o CD O l-0 TM. 86-A-1020 W STEPHEN CITY A, LLC £T AG INST. No, 070009762 ZONE' 82, 1.53 ACRES oz o 3 Ao,�toa 3?sss• M 4/.T74.i3s. N 2518?9' E '{NQ,D Or, T F 31 NgM101"'.1 a189 n L _ _ S 18"4504' W �• JOHN T.M. 86-A- 125 D.B. 670 G. H. WH/>F S 1T0220' G 815 T M. 86 A-1 W; 742.41' ZONA RP, 0.48 ACRES '� E & GOU/SE H. {yy� - D.8. 670 PG 815 j ZONE. RP, 1.54 ACRES y REZONING EXHIBIT $ TAX PARCEL 86-A-111 SHENANDOAH PRESBYTERY CORPOR477ON OPEOLOV AMSTEM DWR1CT fRf MEM COUNTY, ✓A GREENWAYENGINEERING, INC. w sxo ,sn - Winchester, Virginia 22602 iS_iT06'14' W 2B5 98' cnyrr,, FAX.- (540) 722-9528 ENGINEERING www.greenwayeng.com 15' o NgM101"'.1 a189 n L _ _ S 18"4504' W �• JOHN T.M. 86-A- 125 D.B. 670 G. H. WH/>F S 1T0220' G 815 T M. 86 A-1 W; 742.41' ZONA RP, 0.48 ACRES '� E & GOU/SE H. {yy� - D.8. 670 PG 815 j ZONE. RP, 1.54 ACRES y REZONING EXHIBIT $ TAX PARCEL 86-A-111 SHENANDOAH PRESBYTERY CORPOR477ON OPEOLOV AMSTEM DWR1CT fRf MEM COUNTY, ✓A O CD GREENWAYENGINEERING, INC. 151 K rndy HUI Lane sxo ,sn - Winchester, Virginia 22602 Telephone: (540) 662-4185 GR MAY' FAX.- (540) 722-9528 ENGINEERING www.greenwayeng.com O CD