HomeMy WebLinkAbout04-17 ResolutionAMENDMENT
Action:
PLANNING COMMISSION: November 1, 2017 -
BOARD OF SUPERVISORS: December 13, 2017 -
Recommended Approval
X APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #04-17 CARBAUGH BUSINESS CENTER
WHEREAS, REZONING #04-17 Carbaugh Business Center, submitted by Stowe Engineering, PLC
to rezone two parcels of land that total 107.21± acres from the RA (Rural Areas) District to the M1 (Light
Industrial) District with proffers with a final revision date of October 19, 2017 was considered. The site
has an address of 831 Shady Elm Road (Route 65 1) and are located on the southeastern side of Shady Elm
Road, approximately 1. 11 miles southwest of the intersection of Shady Elm Road and Apple Valley Road
(Route 652). The southeastern portion of the site is bounded by the CSX Railroad, in the Back Creek
Magisterial District and is identified by Property Identification Nos. 74-A-68 and 74-A-69; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 1, 2017
and recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 13,
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 two parcels of land that total
107.21± acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers
with a final revision date of October 19, 2017. The conditions voluntarily proffered in writing by the
Applicant and the Property Owner are attached.
PDRes #45-17
-2 -
This ordinance shall be in effect on the date of adoption. C)
Passed this i 3th day of December, 2017 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
Kris 0 ,Tia
Frederick County Administra or
viKuIN1A: Flv.=,DER1Ck COUNTY.SUt.
This instrument of writing was produced to me of
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and with certificate acknowledgement thereto itnncxee
was admitted to record. Tax imposed by Sec. 58.1-802 of
$ , and 58.1-801 have been paid, if assessah)
� �eeea , Cler-k
PDRes #45-17
BOS Res. #044-17
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
Fax: 540/665-6395
December 14, 2017
Mr. Timothy Stowe
Stowe Engineering, PLC
103 Heath Court
Winchester, Virginia 22602
RE: REZONING #04-17 Carbaugh Business Center
PINS: 74-A-68 and 74-A-69
Dear Tim:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting
on December 13, 2017. The above -referenced application was approved to rezone two parcels of land
that total 107.21+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with
proffers. The property is located on the southeastern side of Shady Elm Road, approximately 1. 11 miles
southwest of the intersection of Shade Elm Road and Apple Valley Road (Route 652). The southeastern
portion of the site is bounded by the CSX Railroad in the Back Creek Magisterial District. The parcels
are identified as Property Identification Numbers 74-A-68 and 74-A-69.
The proffer statement, originally dated October 6, 2017 and revised on October 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, d
Candice Perkins, AICP
Assistant Director
CEP/pd
Attachment
cc: Gary A. Lofton, Back Creek Supervisor
Greg L. Unger and J. Rhodes Marston, Back Creek District Planning Commissioners
Jane Anderson, Real Estate
Ellen Murphy, Commissioner of Revenue
Rod Williams, County Attorney w/Proffer and Resolution
Bank of Clarke County Trust Dept., c/o Henry Carbaugh, 202 N. Loudoun St. Winchester, VA
22601
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000