HomeMy WebLinkAbout01-17 ResolutionAMENDMENT
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Action:
PLANNING COMMISSION: March 15, 2017
BOARD OF SUPERVISORS: April 12, 2017
Recommended Approval
- F1 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #01-17 DMJ HOLDING, L.L.C.
WHEREAS, REZONING #01-17 DMJ Holding, L.L.C., submitted by Painter -Lewis, P.L.C., to
remove a proffer which currently prohibits fast food restaurants with drive through service windows, with a
final revision date of December 16, 2016 was considered. If approved, the site would permit the
construction of fast food restaurants with drive through service windows if all other requirements are met.
All other proffers remain the same. The properties are located at the northwest corner of the intersection of
Route 50 and Route 781 (Custer Avenue), in the Shawnee District and is identified by Property
Identification Nos. 64A -4-16A, 64A04-16, 64A-4-17, 64A-4-18, 64A-4-19 and 64A-4-20; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on March 15, 2017 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 12, 2017;
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 amend the proffers from Rezoning
#05-09 to permit the construction of fast food restaurants with drive through service windows if all
other requirements are met with a final revision date of December 16, 2016. All other proffers remain
the same. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is
attached.
PDRes #13-17
M.
I
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This ordinance shall be in effect on the date of adoption.
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Passed this 12th day of April, 2017 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye
Bill M. Ewing Aye Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
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/Brenda G. Garton
Frederick County Administrator
vltttllNlA: FK.3DF.RICK C0UNTY.SC ,-
This instrument of writing was produced to me on
- l8-
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and with certificate acknowledgement thereto annexed
was admitted to a.,cord. Tax imposed by Sec. 58.1-802 of
$ /V l , and 55.1-801 have been paid, if assessable
Ile, 6ca / , Clerk
PDRes #13-17
BOS Res. #067-17
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
April 13, 2017
Mr. John Lewis
Painter -Lewis, P.L.C.
817 Cedar Creek Grade, Ste. 120
Winchester, VA 22601
RE: REZONING #01-17 DMJ Holding LLC
PINS: 64A -4-16A, 64A-4-16, 64A-4-17, 64A-4-18 64A-4-19 and 64A-4-20
Dear John:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting on April 12 , 2017. The above -referenced application was approved to revise proffers
associated with Rezoning #05-09. This proffer amendment is to remove a proffer which currently
prohibits fast food restaurant with drive through service window. The properties are located at the
northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue) in the Shawnee
Magisterial District. The parcels are identified as Property Identification Numbers 64A -4-16A,
64A-4-16, 64A-4-17, 64A-4-18 64A-4-19 and 64A-4-20.
The proffer statement, originally dated March 24, 2009, with final revision date of December 6,
2016, that was approved as a part of this rezoning application is unique to the above referenced
properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer
statement for your records. Pursuant to §165.102.06E, the County Attorney will present the
written proffer to the Frederick County Clerk of Circuit Court for recordation.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
Candice Perkins, AICP, CZA
Senior Planner
CEP/pd
Attachment
cc: Gene E. Fisher, Supervisor Shawnee District
Lawrence Ambrogi and H. Paige Manuel, Shawnee District Planning Commissioners
Jane Anderson, Real Estate
Ellen Murphy, Commissioner of Revenue
Rod Williams, County Attorney w/Proffer and Resolution
Donald Phelps 195 Ebert Road Winchester, VA 22603
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000