HomeMy WebLinkAbout06-17 OrdinanceORDINANCE
Action:
PLANNING COMMISSION: January 17, 2018 - Recommended Approval
BOARD OF SUPERVISORS: February 14, 2018 - li APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 906-17 K&J INVESTMENTS, LC
WHEREAS, REZONING #06-17 K & J Investments, LC, submitted by Stowe Engineering, PLC to
rezone 2.459± acres from RA (Rural Areas) District to the B2 (General Business) District with proffers,
0.936± acres of land zoned RP (Residential Performance) District to the B2 (General Business) District
with proffers and 0.488± acres of land zoned Ml (Light Industrial) District to the B2 (General Business)
District with proffers with a final revision date of October 27, 2017 was considered. The subject properties
are located at the northeast corner of the intersection of Martinsburg Pike (Route 11) and Snowden Bridge
Boulevard. The properties are located in the Stonewall Magisterial District and are identified by Property
Identification Nos. 43-A-147, 43-A-148, 43-A-149 and 43-A-151 C; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 17, 2018
and recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 14,
2018; 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 four (4) parcels of land,
2.459± acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, 0.936±
acres of land zoned RP (Residential Performance) District to the B2 (General Business) District with
proffers and 0.488+ acres of land zoned M1 (Light Industrial) District to the B2 (General Business)
District with proffers with a final revision date of October 27, 2017. The conditions voluntarily
proffered in writing by the Applicant and the Property Owner are attached.
PDRes #04-18
-2 -
This ordinance shall be in effect on the date of adoption.
Passed this 14th day of February 2018 by the following recorded vote:
Charles S. Deflaven, Jr., Chairman Aye
J. Douglas McCarthy Aye
Shannon G. Trout Aye
Blaine P. Dunn Aye
Gary A. Lofton Aye
Robert W. Wells Aye
Judith McCann -Slaughter Aye
A COPY ATTEST
Kris C. ern
Frederick County Administrator
y,KuINIA: FI.--�DERICK COUNTY.SCi.
This instrumeln, t of writing was produced to me on
U at
and with certificate acknowledgement thereto hnnexed
was
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admitted to record. Tax imposed by Sec. 58.1-802 of
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Si� IL, and 58.1-801 have been paid, if assessable.
PDRes #04-18 Clerk
BOS Res. #062-18
February 15, 2017
Mr. Tim Stowe
Stowe Engineering, PLC
103 Heath Court
Winchester, Virginia 22602
RE: REZONING #06-17 K&J Investments, LC
PINS: 43 -A -147,43 -A -148,43-A-149 and 43 -A -151C
Dear Tim:
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting on February 14, 2018. The above -referenced application was approved to rezone
2.459+/- acres from the RA (Rural Areas) District to the 132 (General Business) District
with proffers, 0.936+/- acres of land zoned RP (Residential Performance) District to the B2
(General Business) District with proffers, and 0.488+/- acre of land zoned M1 (Light
Industrial) District to the 132 (General Business) District with proffers. The properties are
located at the northeast corner of the intersection of Martinsburg Pike (Route 11) and Snowden
Bridge Boulevard in the Stonewall Magisterial District and are identified by Property Identification
Numbers 43-A-147, 43-A-148, 43-A-149 and 43 -A -151C.
The proffer statement, originally dated May 22, 2017 and revised on October 27, 2017 that was
approved as a part of this rezoning application are unique to the above referenced properties and are
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
Assistant Director
CEP/pd
Attachments
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
K&J Investments, LC 1800 Martinsburg Pike, Winchester, VA 22603
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000