44A96_WSFreyCompanyAMENDMENT
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Action:
PLANNING COMMISSION: Recommended Approval on July 1 1998
BOARD OF SUPERVISORS: Approved September 9, 1998
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
Rezoning #010 -98 of W. S. Frey Company, Inc.
WHEREAS, Rezoning #010 -98, W. S. Frey, Inc. (Cedar Land Co., L.C.), was submitted by G. W.
Clifford & Associates, Inc. to rezone 31.74 acres from RA (Rural Areas) to EM (Extractive
Manufacturing) District. This property is located approximately 1,600 + feet east of the intersection
of Martinsburg Pike (Route 11 N.) and Walters Mill Lane (Route 836), and is identified with Property
Identification Number 44 -A -96 in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 1, 1998, and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on August
12, 1998; and reconsidered this ordinance adoption on September 9, 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 CountyBoard of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map
to change 31.74 acres from RA (Rural Areas) to EM (Extractive Manufacturing) 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 #21 -98
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of September, 1998 by the following recorded vote:
James L. Longerbeam, Chairman A Richard C. Shickle
W. Harrington Smith, Jr
Aye Margaret B. Douglas
Aye
Charles W. Orndoff, Sr
Aye Robert M. Sager
A COPY ATTEST
Aye
i
Jo . Riley, Jr.
Fre erick County Administrator
ONgen \MZONE=LU WS__FREYRES
REZONING REQUEST PROFFER
• Property Identification Numbers 44- ((A)) -96
Stonewall Magisterial District
CEDAR LAND COMPANY, LC
"W. S. Frey Company, Inc."
Preliminary Matters
Pursuant to Section 15.2 - 2296 et. se q. of the code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #
for the rezoning of 31.74 acres from Rural Area (RA) to Extractive Manufacturing (EM)
Zoning District, development of the 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 applicant and such be
approved by the Frederick County Board of Supervisors in accordance with Virginia
law. In the event that such rezoning is not granted, then these proffers shall be
deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon
the applicant and their legal successor or assigns.
• Transportation Improvements to Offset Impact of Development
In the event, the property is rezoned to EM and used for mining extraction Virginia
Secondary Route 836 shall be relocated by W. S. Frey Company, Inc. The relocated
portion of Virginia Secondary Route 836 shall be constructed in accordance with the
Virginia Department of Transportation (VDOT) Standards and Specifications including
the road design manual. W. S. Frey Company, Inc. proffers right -of -way as necessary to
design/ construct Virginia Secondary Route 836 from U.S. Route 11 eastward to connect
with the relocated portion of Virginia Secondary Route 836 proposed. W. S. Frey
Company, Inc. shall provide additional right of way and pavement for that portion of
Virginia Secondary Route 836 from the eastern most end of the proposed relocated
roadway to the cul -de -sac at the end of state maintenance.
The relocated portion of Virginia Secondary Route 836 shall be designed, approved for
construction, and constructed prior to the abandonment of the existing road.
The W. S. Frey Company, Inc. proffers to pave the section of the existing Virginia
Secondary Route 836, or an alternative connection to U.S. Route 11, in accord with
VDOT standards at such time the minimum right of way is donated by individual
property owners and a road base is provided by VDOT. The proffer described in this
paragraph shall be void if the Frederick County Board of Supervisors does not make
the right of way described herein available within four (4) years of the date of the
rezoning approval.
40 REZONING REQUEST PROFFER
REZONING REQUEST PROFFER
19 Property Identification Number 44- ((A)) -96
"W. S. Frey, Company, Inc "
Page 2
Traffic Considerations for Virginia Secondary Route 836
No new entrances shall be added on Virginia Secondary Route 836 along the 31.74 acres
to be rezoned to EM.
W.S. Frey Company, Inc. mining operation vehicles shall not assess Virginia
Secondary Route 836.
Building and Structures
No habitable structures will be constructed on the 31.74 acres rezoned to EM.
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in interest of the Applicant and Owner. In the
event the Frederick County Board of Supervisors grant said rezoning and accepts these
conditions, the proffered conditions shall apply to the land rezoned in addition to
other requirements set forth in the Frederick County Code.
Respectfully submitted,
PROPERTY OWNER:
4D B
B
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit
The for instrument was acknov
by /}lip rail A. N4 AM
S
Date: �_ = 3 ?. ; -
before me this -e— day of ✓ EY2 , 1998,
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit
The foregoing instrument was acknowledged before me this
by
My Commission expires
Notary Pub &c
day
1998,
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