41A18_ValleyProteinsIncAction:
PLANNING COMMISSION: Recommended Approval on November 20 1996
BOARD OF SUPERVISORS: Approved on December 11. 1996
AN ORDINANCE AMENDING
#007 -96 of VALLEY PROTEINS, INC.
WHEREAS, Rezoning Application #007 -96 of Valley Proteins, Inc. to rezone 1.62 acres from
RA (Rural Areas) to M2 (Industrial General) which is located at the intersection of Dicks Hollow
Road (Route 608) and Indian Hollow Road (Route 679).
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 20,
1996; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on
December 11, 1996; and
WHEREAS, the Frederick County Board of Supervisors finds the adoption of this rezoning to
be in the best interest of the public health, safety, welfare, and in good zoning practice;
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 change 1.62 acres from RA (Rural Areas) to M2 (Industrial General) as described by the
. { application and plat submitted, subject to the attached conditions voluntarily proffered in writing
by the applicant and the property owner.
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This ordinance shall be in effect on the date of adoption.
Passed this 11th day of December, 1996 by the following recorded vote:
James L. Longerbeam, Chairman Ave
W. Harrington Smith, Jr. Aye
Charles W. Orndoff, Sr.-. A p
Richard C. Shickle
Margaret B. Douglas
Robert M. Sager
Aye
Aye
Ave
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A COPY ATTEST
Jo ey, Jr. /
Frederick County Admini trator
iii
PROFFER STATEMENT
PARCEL ID 41 ((A)) 18
INTRODUCTION
Business offices for Valley Proteins, Inc. are currently located on Parcel 41 -A -18, a 165 acre
parcel which has 10.218 acres spot zoned M- 2ANDUSTRIAL, GENERAL DISTRICT.
Operations which occur at this site are general office. Valley Proteins, Inc. (owner) seeks the
rezoning of an additional 1.62 acres on the parcel to accommodate the construction of uses
accessory to the office. The new building will be located immediately north of the existing office
building. The rezoning is necessary to allow the owner to expand and enhance the current office
operations. Current development plans for a new office building call for the construction of a
single story, 16,000 square foot facility with potential expansion to 24,000 square feet. Site
development and building plans will be accomplished in accordance with the performance
standards of the Frederick County Zoning Ordinance. The owner is willing to proffer certain
limits on the permitted uses of the land with respect to development.
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned
applicant proffers that in the event that the Board of Supervisors of Frederick County shall
approve Rezoning Application # 007 -96 for the rezoning of 1.62 acres on Parcel 41 -A -18
from RA to M -2, development of this particular 1.62 acres will be in conformity with the terms
and conditions set forth in this document. These terms and conditions may be subsequently
amended or revised by the owner of the property with permission from the Frederick County
Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding
on the owner and their legal successors or assigns.,
PROFFERS
1. The owner will limit the use of the 1.62 acres to accessory to or support uses for the
proposed office. These uses will include but not be limited to such uses as vehicle
parking and maneuvering, material storage, utility support structures, etc.
1 The owner will not seek to develop on the subject 1.62 acres any of the permitted uses
listed under Chapter 165 -82, Article X, Sections D and E of the Frederick County Zoning
Ordinance with the exception of the following:
-Communication facilities and offices, including telephone, radio, television and other
communications
-Electric, gas and other utility facilities and offices and trucking and warehousing
excluding the following: Sanitary services
-Business services
-Vocational schools
-Business associations
-Professional membership organizations
-Labor unions and similar labor organizations
-Engineering, accounting, research, management and related services
-General business offices, including corporate, government, or other offices not
providing services to the general public on a regular basis as the primary use
-Public buildings
PROFFER STATEMENT
PARCEL ID 41 ((A)) 18
-Public utility distribution facilities
G
-Business signs
-Directional signs
-Building entrance signs
-Residential uses which are accessory to allowed business uses
-Parks
-Regional criminal justice, enforcement and detention facilities for Frederick County,
Clarke County and the City of Winchester
-Truck or fleet maintenance facilities
The conditions proffered above shall be binding on the heirs, executors, administrators, assigns,
and successors in the interest of the owner. In the event that the Frederick County Board of
Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the
land rezoned in addition to the other requirements of the Frederick County Code.
Submitted By:
Valley Proteins, Inc.
Geral Smith,
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this 7th day of November, 1996 by
Gerald Smith, Jr., President, Valley Proteins, Inc.
My commission expires on April 30, 1998
i� �.� /
Notary Public