33A91A_WhitehallBusinessParkAMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Approvals:
Planning Commission December 5, 1990 with proffers
Board of Supervisors December 12, 1990 with proffers
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#009 -90 of WHITEHALL BUSINESS PARK
WHEREAS, Rezoning application #009 -90 of Whitehall Business Park
to rezone 15.03 acres from RA (Rural Areas) to Ml (Light
Industrial) and 34.25 acres from RA (Rural Areas) to B3 (Industrial
Transitional) located at the southwest intersection of I -81 and
Route 669 in the Stonewall District, and designated as parcels 4
and 5 on tax map 33A (33AOOA000000000000040 and
33AOOA000000000000050) and parcels 91A and 91B on tax map 33
(33000A00000000000091A and 33000A00000000000091B), was referred to
the Planning Commission on December 5, 1990; and
WHEREAS, the Planning Commission held a public hearing on this
application on December 5, 1990; and
WHEREAS, the Planning Commission received a draft statement of
conditions proffered prior to the public hearing; and
WHEREAS, the Board of Supervisors held a public hearing on this
application on December 12, 1990; and
WHEREAS, the Board of Supervisors received a signed statement of
conditions proffered prior to the public hearing; and
WHEREAS, the Frederick County Board of Supervisors finds this
rezoning to be in the best interest of the public health, safety,
welfare, convenience and good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
That Chapter 21 of the Frederick County Code, Zoning Ordinance, is
amended to revise the Zoning District Map to change 15.03 acres
from RA (Rural Areas) to Ml (Light Industrial) and 34.25 acres from
RA (Rural Areas) to B -3 (Industrial Transitional) located at the
southwest intersection of I -81 and Route 669 and is designated as
parcels 4 and 5 on tax map 33A (33AOOA000000000000040 and
33AOOA000000000000050 and parcels 91A and 91B on tax map 33
(33000A00000000000091A and 33000A00000000000091B)as described by
the application and plat submitted, subject to the following
conditions voluntarily proffered in writing by the applicant and
property owner as follows:
r'
This ordinance shall be in effect upon its passage.
Passed this 12th day of December, 1990.
A Copy Teste
( j 7 z
John R. Riley, Jr.
Frederick County Administrator
1
November 21,1990
Frederick County Board of Supervisors
Frederick County Planning Commission
9 Court Square
Winchester, Virginia 22601
Reference: Whitehall Business Park
Rainbow Group Property
I -81 & Rt. 669
Frederick Co., Va.
We the undersigned, sole owners of land to be rezoned under
rezoning request number 009 -90, referred to as the Whitehall
Business Park rezoning, and the applicant for said rezoning,
hereby, voluntarily proffer the following conditions. The
conditions proffered shall be binding upon the heirs, executors,
administrators, assigns, and successors in interest of both the
applicant and owners. In the event the Frederick County Board of
-® Supervisors grants said rezoning and accepts these conditions, the
following proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County
Code:
1. There will be two ponds provided to serve as sources of water
supply for fire protection; one towards the northern portion
and one towards the southern portion of the property. An
easement will be provided to guarantee access of the local
fire departments to the water supply. One well shall be
provided with each pond to maintain a year -round water level.
The design of easements and ponds shall be agreed to by the
Fire Marshal and The Rainbow Group for adequacy as a source of
water for fire protection. The approximate location of ponds
shall be shown on the master development plan before any
site plan is approved. At least one pond shall be provided
before any occupancy permit is issued on the site. The second
pond shall be provided as shown on the master development plan
when the site containing said pond is developed.
2. Deeds shall specify that property owners will maintain ponds
for fire protection.
3. The Rainbow Group and /or assigns will record architectural and
development standards /restrictions /covenants and enforce all
recorded standards. These shall include provisions for minimum
® architectural standards, site maintenance, landscaping and
facility maintenance. These will include a requirement for
an architecturally designed front facade visible from
Interstate 81. Loading areas shall be on the west side of
buildings.
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4. A storm water management system will be described on the master
development plan. The ponds may be used for detention if
appropriate.
5. Buildings shall be shown on the site plans located between
outdoor storage areas and boundaries of the property adjacent
to Interstate 81.
6. A master development plan will be submitted for approval by
the County before any site plans or subdivisions are submitted.
7. A complete opaque vegetative or other screen shall be provided,
before any occupancy permit is issued, on the site between
the primary entrance from Route 669 and adjoining properties
containing residential uses. The screening shall be designed
to not interfere with sight distance on Route 669.
8. Each separate lot shall be provided direct access to a road
dedicated for state maintenance. The access road or roads
shall be constructed at the time each lot is developed. No
occupancy permit shall be approved on any lot until plans for
® the road have been approved by the Virginia Department of
Transportation, the road has been constructed to said lot and
the road has been dedicated to said lot for acceptance by the
Virginia Department of Transportation.
9. Deeds for each lot shall establish a property owners
association according to the requirements of the Frederick
County Code.
THE RAINBOW GROUP:
Henry C Buettner, Jr. 4^
Ronald S. Simkhovitch
aP AW U
�A RECEIVED
WHITEHALL BUSINESS PARK
'Virginia's First Business and Industrial Park''
DecemUer 5, 1990
RAINBOW GROUP
The deed shall contain the following restrictions which
shall appear in all deeds for all building sites.
1. No abandoned nor unlicensed vehicles shall be
retained on the building sites.
2. All business property shall be kept neat and clean.
Grass and shrubbery should be kept trimmed.
3. All trash and debis shall be kept in a closed container
and disposed of in a timely fashion from rear of
building.
4. All businesses shall have the front land areas of
buildings landscaped to present a pleasant appearance.
5. Building designs shall be reviewed with members of the
Rainbow Group for approval.
THE RAINBOW GROUP:
enry 0C Buettner, Jr.
Ronald S. Simkhovitch
-,
WHITEHALL BUSINESS PARK