43A63_LenoirCityCompanyAMENDMENT
Action:
PLANNING COMMISSION
BOARD OF SUPERVISORS
Recommended Approval on July 7, 1999
Approved August 25, 1999
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #13 -99 OF LENOIR CITY COMPANY
(Stonewall Industrial Park)
WHEREAS, Rezoning #13 -99 of Lenoir City Company (Stonewall Industrial Park) was submitted
to rezone 7.5 acres from NMI (Mobile Home Community) and 25.7 acres from RA (Rural Areas)
for a total of 33.2 acres to Ml (Light Industrial). This property is located on the west side of
Welltown Pike (Rt. 661) approximately 3,100 feet north of the intersection of Welltown Pike and
McGhee Road (Stonewall Industrial Park) and is identified with Property Identification Number 43-
A-63 in the Gainesboro Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 7,1999; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on August
25, 1999; 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 7.5 acres from MHI (Mobile Home Community) and 25.7 acres from RA (Rural Areas)
for a total of 33.2 acres 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.
PDRes #22 -99
This ordinance shall be in effect on the date of adoption.
Passed this 25th day of August, 1999 by the following recorded vote:
James L. Longerbeam, Chairman A Richard C. Shickle
W. Harrington Smith, Jr.
Aye Margaret B. Douglas
Aye
Charles W. Omdoff, Sr.
Aye Robert M. Sager
A COPY ATTEST
Aye
Joh4y-Riley, Jr.
Frederick County Administrator
0 Ug ,nd. \COMMENTS\REZONING\PESOUJRJ .CAY.US
REZONING REQUEST PROFFER
Stonewall Industrial Park
Property Identification Number 43- ((A))-63
Gainesboro Magisterial District
Pursuant to Section 15.2 -2296 et. sea.• 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 # -99 for the rezoning
of 33.20 acres from Rural Area (RA) zoning district and Mobile Home (MM-1) zoning
district to Industrial General (M -1) 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 have no effect whatsoever.
Historic Preservation
The undersigned, who owns the above described property hereby voluntarily proffers that
if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning
for the 33.20 acres the undersigned will conduct a Phase II architectural study for the
Mertz House (Historic Landmark Survey File Number 34 -1447) prior to removal of the
structure. A copy of the resulting study shall be provided to the Department of Historic
Resources.
Master Plannin
A Master Development Plan is proffered to incorporate the 33.20 acres as an addition to
the existing approved Master Development Plan for the Stonewall Industrial Park. The
Plan attached and made part of this proffer statement relocates Tyson Drive to the north
to mitigate the impacts of the planned transportation network improvements upon the
existing residential uses located on the east side of Virginia Secondary Route 661
( Welltown Road). Eight foot (8') high berms will be provided along the west side
Welltown Road at road grade level during the site planning stage for the 33.2 acres.
Transportation
The undersigned, who owns the above described property hereby voluntarily proffers that
if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning
for the 33.20 acres the undersigned will:
Conduct detailed traffic studies and analysis at the site planning stage for
proposed uses on the 33.20 acres in accord with VDOT standards.
Participate in a signalization agreement with the Virginia Department of
Transportation (VDOT) for the intersection of Welltown Road and McGee Drive.
Provide necessary right -of -way along Welltown Road for road improvements
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,
PROPER OWNER
By:
/ T
(Print name) ,�0 s
r
Date:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was
June 1999 by Z1, - '1 1 a a i
/'*�? "- - -X"
before me this /n day of
My Commission expires
I
Notary Public