HomeMy WebLinkAbout04-19 OrdinanceORDINANCE
Action:
PLANNING COMMISSION: December 4, 2019 Public Hearing Held, Recommended Approval
BOARD OF SUPERVISORS: January 8, 2020 Adopted
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #04-19 PERRY PROPERTIES, LLC
WHEREAS, REZONING #04-19, PERRY PROPERTIES, LLC, was submitted by Greenway Engineering, Inc.
to rezone 6.18+/- acres from the M1 (Light Industrial) District to the B2 (General Business) District with proffers,
with a final revision date of October 17, 2019. The subject property is located at the north side of Millwood Pike
(Route 50 East) and the west side of Constitution Drive in the Shawnee Magisterial District, and is identified by
Property Identification No. 64-A-158; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 4, 2019 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 8, 2020; 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 6.18+/- acres from the M 1 (Light Industrial) District to
the B2 (General Business) District with proffers with a final revision date of October 17, 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 8"' day of January 2020 by the following
recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
Kris . Ti
Frederick County Administrator
PDRes. #01-20
WS Res. #043-20
cam-
VIRGINIA: FREDERICK COUNTY, SCT.
I'his instrument of writing was produced to me on
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id with certificate of acknowledgement thereto annexed
as admitted to record. Tax imposed by Sec. 58.1-802 of
and 58.1-801 have been paid, if assessable
4e -t 4 , Clerk
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
Fax: 540/665-6395
January 9, 2020
Mr. Evan Wyatt
Greenway Engineering, LLC
151 Windy Hill Lane
Winchester, VA 22602
RE: REZONING #04-19 Perry Properties, LLC. PIN: 64-A-158 (portion)
Dear Mr. Wyatt:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting on January 8, 2020. The above -referenced application was approved to rezone 6.18+/- acres
from theMl (Light Industrial) District to the B2 (General Business) with proffers. The property is
located on the north side of Millwood Pike (Route 50 East) and the west side of Constitution Drive in
the Shawnee Magisterial District and is identified by Property Identification Number 64-A-158.
The proffer statement, originally dated June 19, 2019 and revised on October 17, 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: Gene E. Fisher, Supervisor Shawnee District
H. Paige Manuel and Lawrence R. Ambrogi, Shawnee District Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Rod Williams, County Attorney w/Proffer and Resolution
Perry Properties, Mike Perry, 1945 Millwood Pike, Winchester, VA 22602
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000