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HomeMy WebLinkAbout02-19 OrdinanceORDINANCE c-: Action: — - PLANNING COMMISSION: August 7, 2019 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: September 11, 2019 Approved ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-19 CB VENTURES, LLC WHEREAS, REZONING #02-19 CB Ventures, LLC, was submitted by Greenway Engineering, Inc. to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of June 25, 2019. The subject property is located at the south side of Martinsburg Pike (Route 11), the northeast side of Amoco Lane (Route 839), and at the southwest quadrant of Interstate 81, in the Stonewall Magisterial District, and is identified by Property Identification No. 43 -A -48E; and WHEREAS, the Planning Commission held a public hearing on this rezoning on August 7, 2019 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 11, 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 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of September 11, 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 1 I" day of September 2019 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Robert W. Wells Aye Shannon G. Trout Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTES Kris C. terney, Fre eric o ity Administrator PDRes. # 17-19 BOS Res. 1020-19 VIRGINIA: FREDERICK COUNTY, SCI. This instrument of writing was produced to me on _Iq Jjr at- and w th certificate of acknowledgement thereto annexed ' =T, vas admitted to record. Tax imposed by See. 58.1-802 of and 58.1-801 have beenaid, if / P assessable w' - ��� ,1:1erti COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 13, 2019 Mr. Evan Wyatt Greenway Engineering, LLC 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #02-19 CB Ventures, LLC. PIN: 43 -A -48E Dear Mr. Wyatt:: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 11, 2019. The above -referenced application was approved to rezone 1.04+/ - acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The property located at the south side of Martinsburg Pike (Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 in the Stonewall Magisterial District and is identified by Property Identification Number 43 -A -48E. The proffer statement, originally dated May 10, 2019 and revised on September 11, 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: 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 CB Ventures, LLC., 415 Cecil Street, Winchester, VA 22601 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000