HomeMy WebLinkAbout09-15 ResolutionRESOLUTION
Action
PLANNING COMMISSION: October 21, 2015 Recommended Approval
BOARD OF SUPERVISORS: October 28, 2015 Opened Public Hearing,
Tabled to November 12, 2015
November 12, 2015 Postponed By Applicant
December 9, 2015 ®APPROVED Ll DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #09-15 ARTILLERY BUSINESS CENTER — PROFFER
AMENDMENT
0
Qn
CD
WHEREAS, Rezoning #09-15 Artillery Business Center— Proffer Amendment submitted by Pennoni
Associates, to amend the proffers associated with Rezoning #07-08 relating to the timing and commitments
for transportation proffers was considered. The proffer amendment, original proffer statement dated
February 7, 2008 with a final revision dated December 8, 2015 applies to parcels 75-A-1 and 75 -A -IF
owned by Venture I of Winchester, LLC and NW Works, Inc., respectively and is located approximately
1,500 feet south of Route 37 on the east side of Shady Elm Drive (Rt. 65 1) and across from Soldier's Rest
Lane in the Back Creek District, and
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 21, 2015,
and forwarded a recommendation of approval; and
WHEREAS, the Board of Supervisors heard the items on October 28, 2015, then opened the public
hearing and then voted to table the items and continue the public hearing on November 12, 2015
WHEREAS, the Board of Supervisors on December 9, 2015 continued the public hearing from
October 28, 2015 on this rezoning; 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 associated with
PDRes. #44-15
-2 -
Rezoning #07-08 relating to the timing and commitments for transportation proffers.
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of December, 2015 by the following recorded vote:
Richard C. Shickle, Chairman
Aye
Gary A. Lofton
Aye
Robert A. Hess
Aye
Robert W. Wells
Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Blaine P. Dunn Aye
A COPY ATTEST
A W-fw—
Brenda G. Garton
Frederick County Administrator
vlxv,lN [A: Fk:.DEI,'ICK COUNTY -SC -1.
This instrument of writing was produced to me on
I2. -1? -15
and with thereto annexed
k,,as admitted to imposed by Sec. 58.1-802of
, and 58. ! -801 have been paid, if assessM&
Clerk
PDRes. #44-15
BOS Res. #043-15
mvvory
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
December 10, 2015
Mr. Patrick Sowers
Pennon Associates
117 East Piccadilly St.
Winchester, VA 22601
RE: REZONING #09-15 ARTILLERY BUSINESS CENTER
PIN: 75-A-1 AND 75 -A -IF
Dear Patrick:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting on December 9, 2015. The above -referenced application was approved to amend
proffers on 57.6+/- acres. The rezoning would modify proffers approved by the Board of
Supervisors on February 18, 2008 as part of Rezoning application #07-08. This revision relates
specifically to the transportation proffers. The property is located approximately 1,500 feet south
of Route 37 on the east side of Shady Elm Drive (Route 651) and across from Soldier's Rest Lane
and are identified by Property Identification Numbers 75-A-1 and 75 -A -IF in the Back Creek
Magisterial District.
The proffer statement, originally dated February 7, 2008, with final revision date of December 8,
2015, reflects the approved proffers. The proffers were 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,
_ Bishop, AICP V
Deputy Director -Transportation
JAB/pd
Attachment
cc: Gary A. Lofton, Supervisor Back Creek District
J. Rhodes Marston and Greg L. Unger, Back Creek District Planning Commissioners
Jane Anderson, Real Estate
Ellen Murphy, Commissioner of Revenue
N W Works 3085 Shawnee Drive, Winchester, VA 22601
Rod Williams, County Attorney w/Proffer and Resolution
107 North Kent Street, Suite 202 * Winchester, Virginia 22601-5000