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HomeMy WebLinkAbout44A41_AlliedWoodProductsAMENDMENT Action: PLANNING COMMISSION: Recommended Approval on June 3, 1998 BOARD OF SUPERVISORS: Approved July 8, 1998 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP Rezoning #009 -98 of Allied Wood Products • WHEREAS, Rezoning Application 9009 -98 of Allied Wood Products, submitted by Painter - Lewis, P.L.C., requested to rezone 13.96 acres from RA (Rural Areas) to MI (Light Industrial) Zoning District for property located at 2546 Martinsburg Pike, and identified with Property Identification Numbers 44 -A -41 and 44 -A -42 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 3, 1998, and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on July 8, 1998; 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 change 13:96 acres from RA (Rural Areas) to Ml (Light Industrial) Zoning District as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 420 -98 This ordinance shall be in effect on the date of adoption. Passed this 8th day of July, 1998 by the following recorded vote: James L. Longerbeam, Chairman Aye Richard C. Shickle W. Harrington Smith, Jr. Charles W. Orndoff, Sr. Aye Margaret B. Douglas Aye Robert M. Sager A COPY ATTEST Aye Aye Aye John R. Riley, Jr. Frederick County Admini rator • 0:WGENDASR WNMESOL I . LIEDW RES �J E 11 PROFFER STATEMENT A PROPOSED REZONING for PARCEL ID - 44- ((A)) -41 & 42 Stonewall Magisterial District Frederick County, Virginia May 20, 1998 Prepared for: Randall Cutshaw c/o Allied Wood Products 2546 Martinsburg Pike Winchester, Virginia 22603 Prepared by: PAINTER- LEWIS, P.L.C. 302 South Braddock Street - Suite 200 Winchester, VA 22601 Tel.: (540)- 662 -5792 Job Number: 9711021 page 1 ,a3 _ t b. ' fz PROFFER STATEMENT PARCEL ID 44- ((A) -41 & INTRODUCTION The subject property consists of two parcels containing a total of approximately 14 acres. The property is located on Route 761, Old Charles Town Road, approximately 600 feet east of US Route 11. The property is zoned RA. Exhibit 1 shows the location of the property. The property is currently vacant. The property is adjacent to the operations of Allied Wood Products which manufactures finished wood products. The operations of Allied Wood Products requires additional space for storage and curing of its finished goods and therefor, the Owner desires to rezone the entire 13.96 acres to M1, Light Industrial District. The intended purpose for the rezoning of the subject parcels is to allow the construction of additional facilities to the current operations of Allied Wood Products. For this purpose, Allied Wood Products will voluntarily restrict the types of uses allowed in the M1 zoning by this proffer statement. In order to preserve the view shed associated with the Battle of Stephenson Depot, the owner will proffer to limit the height of buildings on both parcels and provide vegetative screening on Parcel 44 -A -42. 0 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 # 00 for the rezoning of 13.96 acres on Parcels 44- ((A)) -41 and 42 from RA to M1, development of this particular 13.96 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 land and any improvements thereto will be expressly used for the following uses only. These uses are normally permitted under the proposed M1 zoning. None of the other permitted uses listed in Chapter 165 of the Code of the County of Frederick will be allowed on the subject parcels. is Permitted Uses: -Landscape and horticultural services -Manufacturing as follows: -lumber and wood products, exclding the following wood preserving -furniture and fixtures -paperboard containers and boxes logging, sawmills and planing mills, page 2 PROFFER STATEMENT PARCEL ID 44- ((A) -41 & -converted paper and paperboard products, except containers and boxes -fabricated metal products, excluding the following: -coating, engraving and allied services -ordnance and accessories , Wholesale trade -Accessory retailing -Business signs -Directional signs *Building entrance signs , Residential uses which are accessory to allowed business uses -Parks *Self-service storage facilities 2. The owner of Parcel 44 -A -42 will, upon development thereon, provide a vegetative screen along and continuous with Old Charles Town Road, Route 761. The design of the vegetative screen shall be accomplished by a registered Landscape Architect or similarly - qualified individual. The purpose of the vegetative screen is to protect the viewsheds of the Stephenson's Depot Battlefield. 3. The owner of Parcels 44 -A -42 and 44 -A -41 will restrict the height of all primary and accessory buildings on these parcels to forty feet. This height restriction will not apply to incidental pollution control structures such as dust collectors, bag houses, etc. is Monetary Contribution to Frederick County Service Organizations - The owner will pay or will cause to be paid to the Treasurer of Frederick County the sum of $1911.69 for impacts to fire and rescue services. This sum will be paid upon receipt of a building permit for the first structure to be constructed on the subject parcels. El page 3 PROFFER STATEMENT PARCEL ID 44- ((A) -41 & 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 c Supervisors grants 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: Allied Wood Products Verlo Cutshaw Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this a6 day of %11!t u /f(W by Mr. Verlo Cutshaw. (f My commission expires on !D 43 1 1i6c'd Notary Public page 4