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HomeMy WebLinkAbout02-18 OrdinanceORDINANCE Action: PLANNING COMMISSION: August 15, 2018 Public Hearing Held; Recommended Approval BOARD OF SUPERVISORS: September 12, 2018 Approved AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-18 ST. PAUL'S ON THE HILL WHEREAS, REZONING #02-18 submitted by Greenway Engineering, Inc., to rezone 4.971± acres from RP (Residential Performance) District to the RP (Residential Performance) District with proffers to restrict the use of the subject property to a church and housing for older persons with a final revision date of 08/08/18 was considered. The subject property is located at 1527 Senseny Road in the Red Bud Magisterial District and is identified by Property Identification No. 54-A-128; and WHEREAS, the Planning Commission held a public hearing on August 15, 2018 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 12, 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 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 rezone 4.971± acres from RP (Residential Performance) District to the RP (Residential Performance) District with proffers to restrict the use of the subject project to a church and housing for older persons with a final revision date of 08/08/18. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is attached. PDRes #30-18 -1- This ordinance shall be in effect on the date of adoption. Passed this l 2th day of September 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Nay J. Douglas McCarthy Aye Robert W. Wells Nay Shannon G. Trout Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Kris C.' me , Frederick County Administrator v1KtjINIX 1' --,0 ✓Kit.'K l UUNt I -A-1. This instrument of writing was produced to me on and with certilicaic al:knowled:.ment thereto annexed was admitted to rec�rc,. Tax iin, osed by Sec. 58.1-802 of $_&-, and 58.1-801 have been paid, i€a b� PDRes #30-18 -2- BOS Res. #020-18 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 14, 2018 Mr. Evan Wyatt Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #02-18 St. Paul's on the Hill PIN: 54-A-128 Dear Mr. Wyatt: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 12, 2018. The above -referenced application was approved to rezone 4.971+/ - acres from the RP (Residential Performance) District to RP (Residential Performance) District with proffers. The property is located at 1527 Senseny Road in the Redbud Magisterial District and is identified by Property Identification Number 54-A-128. The proffer statement, originally dated August 8, 2018, that was approved as a part of this rezoning application are 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, AICP, CZA Assistant Director CEP/pd Attachments cc: Blaine P. Dunn, Redbud District Supervisor Kathleen M. Dawson and Christopher Mohn, Redbud District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution Trustee's of St. Paul's on the Hill Episcopal Church, 1527 Senseny Rd., Winchester, VA 22602 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000