HomeMy WebLinkAbout05-19 OrdinanceORDINANCE
Action:
PLANNING COMMISSION: December 18, 2019 Public Hearing Held, Recommended Approval
BOARD OF SUPERVISORS: January 22, 2020 Adopted
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #05-19 MARTINSBURG PIKE, LLC
WHEREAS, REZONING #05-19 MARTINSBURG PIKE, LLC, submitted by Painter -Lewis, P.L.C. to rezone
1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers with a final
revision date of October 17, 2019. The subject properties are located at 2674 and 2683 Martinsburg Pike
approximately 1,000 feet south of Stephenson Road, in the Stonewall Magisterial District, and are identified by
Property Identification Numbers 44-A-58, 44-A-59 and 44-A-60; 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 bearing on this rezoning on January 22, 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 1.724+/- acres from the RA (Rural Areas) 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 22nd 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 COPi' ATTEST
kKris
Frederick ounty Aator
Res. #048-20
VIRGINIA: FREDERICK COUNTY.SCT.
This instrument of writing was produced to me on
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
$ / y► 1 , and 58.1-801 have been paid, if assessable.
Clerk
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/665-6395
January 27, 2020
John Lewis
Painter -Lewis, P.L.C.
817 Cedar Creek Grade
Suite 120
Winchester, VA 22601
RE: REZONING #05-19 Martinsburg Pike, LLC. PINS: 44 -A -58,44-A-59 and 44-A-60
Dear Mr. Lewis:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting on January 22, 2020. The above -referenced application was approved to rezone 1.724+/ -
acres from the RA (Rural Areas) District to the B2(General Business) District with proffers. The
properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000 feet south of
Stephenson Road in the Stonewall Magisterial District and are identified by Property Identification
Numbers 44-A-58, 44-A-59, and 44-A-60.
The proffer statement, dated 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: Judith McCann -Slaughter, Supervisor Stonewall District
Gary R. Oates and William H. Cline, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Rod Williams, County Attorney w/Proffer and Resolution
Martinsburg Pike, LLC Donato Lanzeta, 109 Wild Rose Circle, Winchester, VA 22602
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000