64A45F_BorderlineLLC(BroadwayElectricCo)AMENDMENT
0
Action:
PLANNING COMMISSION: Recommended Approval on April 1, 1998
BOARD OF SUPERVISORS: Approved April 22, 1998
"Mel "91M. We Off0mulkeltal0c]
THE ZONING DISTRICT MAP
Rezoning #006 -98 of Borderline, L.L.C.
(Broadway Electric Company)
WHEREAS, Rezoning Application #006 -98 of Rezoning #006 -98 of Borderline, L.L.C.
(Broadway Electric Company), was submitted by Painter- Lewis, P.L.C., to rezone 2.67 acres from
RP (Residential Performance) District to MI (Industrial Light) District. This property is located on
the south side of Airport Road (Route 645), 0.5 miles east of Front Royal Pike (Route 522), and is
identified with Property Identification Number 64 -A -45F in the Shawnee Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 1, 1998; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April
22, 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 2.67 acres currently zoned RP (Residential Performance) to Ml (Light Industrial) as
described by the application and plat submitted, subject to the attached conditions voluntarily
proffered in writing by the applicant and the property owner, and including a waiver of the steep slope
disturbance to allow for the disturbance of 50% of the steep slopes as identified in the application.
D
Passed this 22nd day of April, 1998 by the following recorded vote:
James L. Longerbeam, Chairman Aye Richard C. Shickle Aye
This ordinance shall be in effect on the date of adoption.
W. Harrington Smith, Jr.
Aye Margaret B. Douglas
Aye
Charles W. Orndoff, Sr.
Aye Robert M. Sager
A COPY ATTEST
John. Riley, J'r.
Frederick County A m nistrator
is
Aye
•' WAGENDAS\
PDR.#01C98
PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 64- ((A)) -45F
Shawnee Magisterial District
Frederick County, Virginia
March 19, 1998
•
Prepared for: Borderline, L.L.C.
c/o Broadway Electric Company
P. 0. Box 306
Broadway, Virginia 22815
Prepared by: PAINTER- LEWIS, P.L.C.
302 South Braddock Street - Suite 200
Winchester, VA 22601
Tel.: (540)- 662 -5792
Job Number: 9711021
11
PROFFER STATEMENT
PARCEL ID 64- ((A) -45F
• INTRODUCTION
The subject property consists of 2.67 acres and is located on Route 645, Airport Road,
approximately 0.50 miles east of US Route 522. The property consists of a single parcel which is
zoned RP. Exhibit 1 shows the location of the property. The property was originally a part of the
Preston Place Apartments development land. After development of the first phase of the
apartments, the property was conveyed to Shalom et Benedictus, the current owner. The property
is not suitable for residential development. The property owner desires to rezone the entire 2.67
acres to MI, Light Industrial District.
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 4opG - for the rezoning of 2.67 acres on Parcel 64 -((A)) -45F
from RP to M1, development of this particular 2.67 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 property owner hereby agrees to restrict disturbance of an area containing 0.8137
acres on Parcel 64 -((A)) -45F to utility installation and the construction of storm water
controls as required to facilitate development. This area is to be referred to as an
environmental easement and is defined by metes and bounds as shown on the attached
Exhibit 1.
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
$3,148.30 for impacts to fire and rescue services. This sum will be paid upon receipt of a building
permit for the proposed use structure.
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 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.
PROFFER STATEMENT
PARCEL ID 64- ((A) -45F
Submitted By:
Shalom et Benedictus
?yam
Miketoster
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
s�-
The foregoing instrument was acknowledged before me this day of by
Mr. Mike Foster for Shalom et benedictus.
My commission expires on O Cyr 1 ZOn
f 1F"�`ldJ - D
Notary Public `'
11
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LINE DIRECTION DISTANCE % -� i� \ i Q
Lt SBS1'2YW 50.258 % \� \
L2 S56'1 54 63f *� \�-
L3 584'W 30.158 `\ % � 2� /
L N632vOS26'06'W 38.018 *�%
LS N46'32'5SY7 26.178
L NZ 01 E 130.088
L7 7 NITI 1 'OYE 90.O3ft \ *`
� T
STEEP SLOPES % x x �✓ '
� %
( C x
T F % % X
LOT DATA % * F x
LOT AREA - 2.67 ACRES 1+
TOTAL AREA IN STEEP SLOPES a 49,858 SF L5
AREA IN STEEP SLOPES DISTURBED 24,845 SF (508
AREA IN STEEP SLOPES PRESERVED = 25,013 (508) E)OSTING POND
BUILDING AREA = 80,861 SF (1.858 ACRES)
AREA IN ENVIRONMENTAL EASEMENT a 35,444 SF (0.8137 ACRES)
PROJECT: OATS 02 -03-98
PAINTER- LEWIS, P.LC• PROFFER EXM SURVEY: NA
302 South Braddock Street, Suite 200 s17 REZ DRAWN JUL MI
: - SIT:
Winchester, Virginia 22601 P RO POS ED SCALE: 1 - 60'
Telephone (540)662 -5792 PARCEL ) �4 A C.I.: 2' 1
Facsimile (540)662 -5793 FREK= I YL18tA JOB NO.: 9711021