HomeMy WebLinkAbout07-19 OrdinanceORDINANCE
Action: -
PLANNING COMMISSION: December 18, 2019 Public Hearing Held,
Recommended Approval
BOARD OF SUPERVISORS: January 22, 2020 Public Hearing Held, Vote Postponed
BOARD OF SUPERVISORS: February 12, 2020 Denied
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #07-19 GENTLE HARVEST, LC
WHEREAS, REZONING #07-19 GENTLE HARVEST, LC, submitted by Thomas Moore Lawson, P.C. to
rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers
with a final revision date of November 21, 2019. The subject property is located at 120 Front Royal Pike, in the
Shawnee Magisterial District, and is identified by Property Identification 64 -A -1C; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 18, 2019 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 22, 2020 and
postponed it to February 12; and
WHEREAS, the Board of Supervisors held a public meeting on February 12, 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 1.204+/- acres from the B2 (General Business) District
to the B3 (Industrial Transition) District with proffers with a final revision date of November 21, 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.
DENIED this 12th day of February 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
PDRes. #05-20
BOS Res. #055-20
A CO&YS
Kris
Frederick County Administrator
February 13, 2020
Lawson & Silek
Thomas Moore Lawson
P.O. Box 2740
Winchester, VA 22604
RE: REZONING #07-19 OF GENTLE HARVEST LC
Dear Mr. Lawson:
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting on February 12, 2020. The Board denied the above referenced request to rezone
1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District
with proffers. The subject property is located at 120 Front Royal Pike and is identified by
Property Identification Numbers 64-A-1 C in the Shawnee Magisterial District.
Section 165-102.04 of the Frederick County Zoning Ordinance requires a minimum period of 12
months to elapse before the consideration of another application for rezoning of substantially the
same land to the same zoning district designation.
Please do not hesitate to contact this office if you have any questions regarding the denial of this
rezoning application.
Sincerely,
Candice E. Perkins, AICP
Assistant Director
CEP/pd
cc: Shawn L. Graber, Shawnee District Supervisor
Lawrence Ambrogi and H. Paige Manuel, Shawnee District Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
SAK Group, L.C., 8458 W. Main Street., Marshall, VA 20115
Halle Properties L.L.C., 20225 N. Scottsdale Rd, Scottsdale, AZ 85225
107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000