75A2D_RT&TPartnershipKernstownBusinessParkAMENDMENT
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Action:
PLANNING COMMISSION: Recommended Approval on September 2, 1998
BOARD OF SUPERVISORS: Approved October 14, 1998
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
Rezoning #011 -98 of R T & T Partnership
(Kernstown Business Park)
WHEREAS, Rezoning Application 9011 -98 of R T & T Partnership (Kemstown Business Park)
was submitted to rezone 17.84 acres from B2 (Business General) to B3 (Industrial Transition). This
property is located on Valley Pike (Route 11 South), approximately 1/4 mile south of the Route 37
interchange and is identified with Property Identification Number 75 -A -2D in the Back Creek
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on September 2,
1998; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on October
14, 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 17.84 acres from B2 (Business General) to B3 (Industrial Transition) as described by the
application and plat submitted, subject to the attached conditions,uoluntarily proffered in writing by
the applicant and the property owner.
PDRes 422 -98
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This ordinance shall be in effect on the date of adoption.
Passed this 14th day of October, 1998 by the following recorded vote:
James L. Longerbeam, Chairman Abstained Richard C. Shickle
W. Harrington Smith, Jr.
Charles W. Orndoff, Sr
O:Ug.d.aEZONE 50LUfMAT&T_PRTRES
Aye Margaret B. Douglas
Ave Robert M. Sager
A COPY ATTEST
Jolin R Riley, Jr.
Fredenck County Admi- 'strator
Absent
Aye
Aye
REZONING REQUEST PROFFER
Property Identification Number 75 -A -2D
® R T & T PARTNERSHIP (Kernstown Business Park)
Pursuant to Section 15.2 -2296 et. seq. of the Code of Virginia, 1950, as
amended, and the provisions of the Frederick County Zoning Ordinance with
respect to conditional zoning, the undersigned applicants hereby proffers
that in the event the Board of Supervisors of Frederick County, Virginia,
shall approve Rezoning Application #011 -98 for the rezoning of 17.84 acres
from B -2, Business General District to B -3, Industrial Transition 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 applicants 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 successors or
assigns.
PROFFERED CONDITIONS
A strip of land sixty (60) feet in width shall be dedicated to the County of
Frederick for the purpose of providing a future collector road which will
connect Valley Pike (Route 11) wi. th Shady Elm Road (Route 651). The
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location of this dedicated strip of land is from the end of Prosperity Drive
to the western limits of parcel 75 -A -2D, as demonstrated on the attached
plat which is referred to as Exhibit 1.
This voluntary dedication of land shall be valid for as long as the
Winchester Area Transportation Plan identifies this area as a potential
route for a collector road between Route 11 South and Route 651, due to the
possible expansion or change of the I -81 - Route 37 South Interchange. This
shall not be used for any private expansion of a road or development of
private lands to the west or south of this land.
If, after eight years from the
is not in the definite plans
651, land will reve t back
i
THOMAS C. BAKER, PARTNER
THOMAS C. GLASS
date signed, this land has not been used or
as a collector road between Route 11 and Route
to the owner of record of each parcel.
C7
DATE
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RALPH/GREGORY
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DATE
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® STATE OF VIRGINIA, AT LARGE
CITY /COUNTY OF FREDERICK, To -wit:
Sworn to and acknowledged before me, a Notary Public, in and for the
State of Virginia, this (, -'14 day of October, 1998, by Thomas C. Baker,
Partner, Thomas C. Glass, Partner and Ralph Gregory, Partner of R T & T
Partnership.
MY COMMISSION EXPIRES May 31, 2002
NOTARY
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IRON PINS HAVE BEEN SET AT ALL
PROPERTY CORNERS.
NO 165
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AREA TABULATION
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AFTER, SUBDIVISION
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DEDICATION
REMAINING LAND
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FINRL PLRT
LOT 6 SECTION I
KERNSTOWN BUSINESS PRRK- --
BRCK CREEK DISTRICT
FREDERICK COUNTY, VIRGINIR
REV 10/5/98
rURSTENAU SURVEYING (540) 662 -9323 200' r0"
662-9323 N SCALE: I" = ..
III SOUTH LOUDOUN ST. WINCHESTER, VA. 2 OF 2