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HomeMy WebLinkAbout04-18 ResolutionG") ORDINANCE Action: PLANNING COMMISSION: December 5, 2018 Public Hearing Held, Postponed January 16, 2019 Recommended Denial BOARD OF SUPERVISORS: February 13, 2019 Adopted AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-18 TASKER ROAD & WARRIOR DRIVE COMMERCIAL PROPERTIES WHEREAS, REZONING #04-18 Tasker Road & Warrior Drive Commercial Properties, was submitted by Greenway Engineering, Inc. to rezone 20.24± acres from the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62± of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers with a final revision date of January 18, 2019. The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive. The properties are located in the Opequon Magisterial District and are identified by Property Identification Nos. 75-A-104 and 75 -A -104E; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 5, 2018 and postponed the application and; the Planning Commission then held a public meeting on this rezoning on January 16, 20199 and recommended denial; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 13, 2019; 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 20.24± acres from the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62± of land zoned RP (Residential Performance) District with proffers to the RP (Residential Perfonnance) District with revised proffers with a final revision date of January 18, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 13t" day of February 2019 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton No J. Douglas McCarthy Aye Robert W. Wells Aye Shannon G. Trout Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATT + ST PDRes. #02-19 Kris C. _ me Fi deric ou Administrator BOS Res. #043-19 VIRGINIA: FREDE€iICK COUNTY, SCT. This instrument of writing was produced to me on and with certificate of acknowledgement thereto annexed ,was adapted to record. Tax imposed by Sec. 58.1-802 of _and 58.1--801 have been paid, if assessable 21 }��� n Clerk E f ILE COPY COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 February 19, 2019 Mr. Evan Wyatt Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #04-18 Tasker Road and Warrior Drive PINS 75-A-104 and 75 -A -104E Dear Mr. Wyatt: This letter serves to conium action taken by the Frederick County Board of Supervisors at their meeting on February 13, 2019. The above -referenced application was approved to rezone 20.24+/ - acres from the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive in the Opequon Magisterial District and are identified by Property Identification Numbers 75- A-104 and 75 -A -104E. The proffer statement originally dated October 9, 2018 and revised on January 18, 2019 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: Robert W. Wells, Supervisor Opequon District Roger L. Thomas and Robert S. Molden, Opequon District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution Bowman -Shoemaker Companies, Inc., P.O. Box 480, Stephens City, VA 22655 Tasker Warrior Properties, LLC., P.O. Box 480, Stephens City, VA 22655 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000