The URL can be used to link to this page

Home My WebLink About09-16 Proffer Payment'4298 uo silepa PaPnioul sonwai AllinaaS: Ln C� Go W LO r4 o ui o CC) L%- Ln .0 co Ln Ln 0 C'4 cm ca! cr CCIIJJ it 0 0, Z C Uim: Lu P a Or 0 IL 1; IL F-O 7; _ = Z_:, =- , - - ,.� 6w —1 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 June 20, 2023 Winchester Real Estate, LLC P.O. Box 1173 Newington, VA 22122 RE: Proffers for Rezoning #09-16 Commonwealth Business Center Lot 5 To Whom It May Concern: The purpose of this letter is to inform you that a proffered obligation for PIN 75-A-91 E (161 Commonwealth Ct.) is overdue to Frederick County. More specifically, the proffers call for Monetary Contributions to offset impacts on fare & Wescue-does for all structures on the property [RZ # 09-16 Section C). A 9,200 square foot building was built, with a Certificate of Occupancy (CO) issued on April 16, 2019, in turn $500.00 is due to the Frederick County Treasurer. Accordingly, please remit payment of 35MA to the Planning & Development Department. Our office hours are 8 a.m. to 5 p.m. Cash and check are acceptable forms of payment. Checks should be payable to, "Treasurer of Frederick County". If you have any questions regarding this notice, please do not hesitate to call 540-665-5651 or email me at mcheran ii fcva.us. Sincerely, --- Mark R. Cheran Zoning Administrator MRC/ks Enclosure 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 AMENDMENT Action: PLANNING COMMISSION: September 7, 2016 - BOARD OF SUPERVISORS: September 28, 2016 - Recommended Approval ® APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #09-16 COMMONWEALTH BUSINESS CENTER LOT 5 WHEREAS, Rezoning #09-16 of Commonwealth Business Center Lot 5, submitted by Greenway Engineering, Inc., to rezone 1.21 acres from B3 (Industrial Transition) District to the B2 (General Business) District with proffers, final revision date of August 10, 2016 was considered. The Property is located on the north side of Commonwealth Court (Route 1167) approximately 500' east of the intersection with Valley Pike (US Route 11 South). The Property is further identified with PIN 75-A-91 E in the Back Creek District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on September 7, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 28, 2016; 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 Policy 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 revise the Zoning District Map to rezone 1.21 acres from B3 (Industrial Transition) District to the B2 (General Business) District with proffers, final revision date of August 10, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes #32-16 -2- This ordinance shall be in effect on the date of adoption. c~-s Passed this 28th day of September, 2016 by the following recorded vote: t Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye Robert A. Hess Aye Robert W. Wells Aye Gene E. Fisher Aye Judith McCann -Slaughter Aye Blaine P. Dunn PDRes #32-16 BOS Res. #022—#6 Aye A COPY ATTEST $renda G. Garton Frederick County Administrator v1KtiINIA: Fk.-:DERICK COUNTY.SUI. This instrument of writing was produced to me on _ 0- -1 at and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $AJIA , and 58.1-801 have been paid, if assessable. %ea / , Clerk C-) Greenway Engineering June 24, 2016 Mosaic Bible Cburch Rezoning - Revised August 10, 2016 -= COMMONWELATH BUSINESS CENTER — LOT 5 160009890 PROFFER STATEMENT REZONING: RZ # B-3, Industrial Transition District to B-2 Business General District with proffers PROPERTY: 1.21 ± acres Tax Map Parcel 75-A-91E (here -in after the "Property") RECORD OWNER: Executive Protection Systems, LLC (here -in after the "Owner") APPLICANT: Greenway Engineering, Inc. (here -in after the "Applicant") PROJECT NAME: Mosaic Bible Church Rezoning ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters June 24, 2016 August 10, 2016 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 1.21±-acre parcel from the B-3, Industrial Transition District to establish 1,21±-acres of B-2, Business General District with proffers, development of the 1.21±- acre subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the land owned by Executive Protection Systems, LLC, being all of Tax Map Parcel 75-A-91E, as evident by Special Warranty Deed recorded as Instrument #120008859/0339, and further described by Boundary Line Adjustment Survey Plat prepared by Marsh & Legge, Land Surveyors, P.L.C. dated September 29, 1999 (see attached Survey Plat). File #2530M/EAW Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning —� Revised August 10, 2016 C.: r- A.) Land Use Restrictions 1. The Owner hereby proffers to prohibit the following land uses on the Property_ General Merchandise Stores Commercial Daycare Facilities Adult Retail SIC 53 No SIC Indicated No SIC Indicated 2. The Owner hereby proffers to restrict church facilities from providing daycare service and private school service on the Property. B.) Site Development 1. The Owner hereby proffers prepare a conceptual sketch plan and associated information for the adaptive reuse of the property as a church facility without daycare or private school service to the Planning Department. C.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $SXL.r0r-1 Fcr County Fire -and -Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for the Property OWNER SIGNATURE ON FOLLOWING PAGE File #2530M/EAW 2 Greenway Engineering Owner Signature June 24, 2016 Mosaic Bible Cbunch Rezoning Revised August 10, 2016 The conditions proffered above shall be binding upon the heirs, executors, administrator, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Executive Protection Systems, LLC 7 BY Authorized A nt Date Commonwealth of Virginia, City/County of lc—ZZi-1�l To Wit: The foregoing instrument was acknowledged before me this /9'/4ay of !& '�- 20/,/- by Notary Public My Commission Expires �� C//r ��►►►u n,��h ......... °SPRY P, �� .•`s0 REG 0 O ®l COMMISSWIy EXPIRES a /® ,10/31/201!ta�.� 0 still$e`�e File 11253OM/EAw CJ CO