HomeMy WebLinkAbout03-17 ResolutionAction:
PLANNING COMMISSION: June 7, 2017
BOARD OF SUPERVISORS: July 12, 2017
AMENDMENT
Recommended Approval
- X APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #03-17 RUTHERFORD CROSSING
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WHEREAS, REZONING #03-17 Rutherford Crossing, submitted by Greenway Engineering, to rezone
22.16 acres from M1 (Light Industrial) District to the B2 (General Business) District with proffers and
27.07 acres of land zoned M 1 (Light Industrial) District with proffers to the M1 (Light Industrial) District
with revised proffers with a final revision date of April 19, 2017 was considered. The subject property
fronts on the southeast side of Market Street and the north side of Milton Ray Drive within the Rutherford
Crossing Development, in the Stonewall Magisterial District and is identified by Property Identification
No. 43-A-99; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on June 7, 2017 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 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
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 rezone 22.16 acres from M I (Light
Industrial) District to the B2 (General Business) District with proffers and 27.07 acres of land zoned M1
(Light Industrial) District with proffers to the M I (Light Industrial) District with revised proffers with a
final revision date of April 19, 2017. The conditions voluntarily proffered in writing by the Applicant
and the Property Owner is attached.
PDRes 427-17
-2 -
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of July, 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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Frederick Co tAd ' istrator
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and with certificate acknowledgement thereto annexed
was admitted to record. Ta -x imposed by Sec. 58.1-802 of
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PDRes #27-17 )46
BOS Res. #004-17 �"� , Clerk
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COUNTY of FREDERICK.
Department of Planning and Development
540/665-5651
Fax: 540/665-6395
July14, 2017
Mr. Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
RE: REZONING #03-17 Rutherford Crossing
PIN: 43-A-99
Dear Evan:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting on July 12, 2017. The above -referenced application was approved to rezone 22.16+/- acres
from the Ml (Light Industrial) District to the B2 (Business General) District with proffers and
27.07+/- acres of land zoned Ml (Light Industrial) District with proffers to the M1 (Light
Industrial) District with revised proffers. The property is fronting on the southeast side of Market
Street and the north side of Milton Ray Drive in the Stonewall Magisterial District, and is identified
by Property Identification Number 43-A-99.
The proffer statement, originally dated April 19, 2017 that was approved as a part of this rezoning
application is unique to the above -referenced property 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, AICD, CZA
Assistant Director
CEP/ks
Attachment
cc: Judith McCann -Slaughter, Supervisor Stonewall District
Gary Oates and William Cline, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
Ellen Murphy, Commissioner of Revenue
Rod Williams, County Attorney w/Proffer and Resolution
C. Robert Solenberger, 114 North Cameron Street, Winchester, VA 22601
107 North Kent Street, Suite 202 9 Winchester, VirginM 22601-5000