42A188_WinchesterEquipmentCompanyAMENDMENT
Action:
PLANNING COMMISSION: Recommended Approval on May 2, 2001
BOARD OF SUPERVISORS: Approved May 23 2001
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #04 -01'OF WINCHESTER EQUIPMENT COMPANY
WHEREAS, Rezoning 404 -01 of Winchester Equipment Company, was submitted by Painter - Lewis,
P.L.C., to rezone 23.39 acres from RA (Rural Areas) to B3 (Industrial Transition) at their meeting on
May 23, 2001. This property is located adjacent to the dumpster site on N. Frederick Pike (Rt. 522) and
Indian Hollow Road (Rt. 679), across from the Virginia Farm Market, and is identified with Property
Identification Numbers 42 -A -188 and 42 -A -189 in the Gainesboro Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on May 2, 2001;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 23, 2001;
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 23.39 acres from RA (Rural Areas) to B3 (Industrial Transition) 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 #09 -01
This ordinance shall be in effect on the date of adoption.
Passed this 23rd day of May, 2001 by the following recorded vote:
Richard C. Shickle, Chairman Aye Sidney A. Reyes
Aye
W. Harrington Smith, Jr.
Aye
Margaret B. Douglas
Aye
Charles W. Orndoff, Sr.
A y e
Robert M. Sager
Nay
A COPY ATTEST
folff� Riley, Jr.
Frederick County Zdministrator
PDRes. 409 -01
0)Apend )COMAfENTS \REZONING \RESOLUT WinchEquipCo wpd
for
PARCEL ID - 42 ((A)) 188 and 42 ((A)) 189
Gainesboro Magisterial District
Frederick County, Virginia
May 24, 2001
Prepared for: Mr. Doug Rinker
Winchester Equipment Company
620 Pennsylvania Ave.
Winchester, Virginia 22601
Prepared by: PAINTER- LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662 -5792
email: paintlew @mnsinc.com
Job Number: 0009005
RECEIVED
MAY 2 5 2001
JEPT
PROFFER STATEMENT
PARCEL ID 42 ((A)) 188 and ,2((A)) 189
INTRODUCTION
The two subject parcels contain 23.39 acres combined. Currently all 23.39 acres are
zoned RA. All adjacent property is zoned RA with the exception of one lot (42 -A -228)
that is located across Indian Hollow Road and zoned B2. The owner desires to rezone
the entire 23.39 acres from RA, Rural Areas District, to a B3, Industrial Transition
District, zoning. The intended purpose for the rezoning would be to allow the
Winchester Equipment Co. to relocate it's operation onto a lot which is larger than the
existing location allowing for more versatility in the layout of the facility.
The applicant recognizes that the site is adjacent to the Rural Community Center of
Albin, but outside the county Urban Development Area. Acknowledging the importance
of maintaining the rural character of the area, the owner is willing to proffer restrictions
on the types of commercial activities which can be developed under the proposed B3
zoning. See Proffer #1.
The owner recognizes that the site is nearby to land involved in the events of the
Second Battle of Winchester which occurred on June 24, 1863. Acknowledging the
importance of historic preservation, the owner is willing to proffer a limit on the use of
the subject property for communications facilities, specifically, communication towers
which exceed the height allowed in the B3 zone for structures, that is, 35 feet. See
Proffer #2.
In addition, the owner is willing to proffer the reservation of a portion of the property as
an easement for use by Civil War interest groups for the creation of an interpretive site.
The owner recognizes that the location and configuration of the easement may be
revised to suit the needs said interest groups, and is willing to make adjustments to the
easement shown on Exhibit 3. In the event that access to the easement is not available
from a public right -of -way, the owner is willing to provide reasonable space for parking
and access at a location convenient for both owner and Civil War interest group. Such
adjustments must not negatively impact the owner's use of the land. The owner agrees
to depict the easement in alt future site development plans required to be submitted to
the Frederick County Department of Planning and Zoning. See Proffer #3.
The owner recognizes that the current land owner of the parcels located adjacent to the
east and south boundaries of the site is interested in the preservation of the agricultural
character of the land. The owner is willing to proffer a 25' active buffer plus a 25'
inactive buffer along the entire length of the boundary of the site which borders Parcel
42 -A -190 and Parcel 53 -A -2. See Proffer #4.
As a provision of the rezoning, the owner is willing to proffer the reservation of land for
dedication to Frederick County for the construction of a certain roadway intended to
connect Route 522 to Route 50 as proposed in the 1998 Comprehensive Policy Plan.
Please refer to the "Route 37 West Land Use Plan" on page 6 -41 of the 1998
Comprehensive Policy Plan. The alignment shown in the Comprehensive Plan passes
PROFFER STATEMENT
PARCEL ID 42 ((A)) 188 and !;z((A)) 189
near to or through the subject parcels and intersects with Route 522 at the existing
signalized intersection of Route 522 and Route 679. The exact alignment of the
roadway is unknown, as is the timing for construction. Therefore, the owner reserves
the right to adjust the alignment of the 80' reserve strip from the location shown on
Exhibit 3. The owner agrees to depict the 80' reserve strip in all future site development
plans required to be submitted to Frederick County Department of Planning and
Zoning. See Proffer #5.
The owner recognizes that the development of the site will have certain impacts on the
adjacent properties as well as the view sheds associated with the Second Battle of
Winchester. The owner is willing to proffer a "generalized site plan" as part of this
rezoning request to illustrate the layout of the proposed improvements proposed for
Parcel 42 -A -188. The Generalized Site Plan is attached hereto. See Proffer #6.
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 # for the rezoning of
23.39 acres on Parcels 42 -A -188 and 42 -A -189 from RA to B3, development of this
particular 23.39 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
For a period of time as long as the subject land maintains a B3 Zoning, the land
will be developed for the following uses:
1. General Business Offices
2. Uses which are identified by the following Standard Industrial Codes:
a. 50- wholesale trade of durable goods;
b. 51- wholesale trade of nondurable goods (excluding beer, wine, and
distilled alcoholic beverages);
c. 52- retail sales of building materials, hardware, garden supplies, and
mobile home dealers;
d. 5599 - automotive dealers not elsewhere classified,
e. 7353 -heavy construction equipment rental and leasing;
f. 7359- equipment rental and leasing not elsewhere classified;
g. 7519 - utility trailer and recreational vehicle rental;
h. 7699- repair shops and related service not elsewhere classified.
2. The land and any improvements thereto will be expressly not used for the
erection of communication towers which exceed a height of 35 feet.
PROFFER STATEMENT
PARCEL ID 42 ((A)) 188 and :z((A)) 189
3. The owner will reserve for dedication of an easement to Civil War interest
groups, a portion of the subject property in order that said interest group can
create an interpretive site. The Civil War interest group must be a recognized,
legal entity able to receive such easement rights. All expenses associated with
the creation of legal easement and use documents will be borne by the owner.
All expenses associated with structural and /or aesthetic improvements within the
easement for the purposes of access, public viewing of the area, and
interpretation of events associated with the Civil War, shall be born by the Civil
War interest group. Such improvements shall meet prudent engineering
practices and all design standards of the Frederick County Zoning Ordinance.
4. The owner will establish a 25' active buffer and a 25' inactive buffer along the
eastern and southern property boundaries of the site as shown on Exhibit 3.
5. The owner will reserve for dedication to the County of Frederick a strip of land
eighty feet in width and running north to south across the subject parcels for the
purpose of the future construction of a.road to connect Route 522 to Route 50.
This voluntary reservation of land shall be valid for as long as the Frederick
County Comprehensive Policy Plan identifies this general area as a potential
route for a collector road to connect Route 50 with Route 522. If future planning
action by Frederick County results in the repositioning of this road in a location
other than through the subject parcel, the reservation of the land referred to
herein will expire.
6. The owner will develop Parcel 42 -A -188 in general conformance with Drawing
No. GSP -1, titled "GENERALIZED SITE PLAN" attached hereto.
Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the Round Hill Community Fire and
Rescue Company No. 15 the sum of $1,000.00 for impacts to fire and rescue services.
This sum will be paid upon receipt of the first building permit issued subsequent to the
approval of this rezoning for any proposed 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 grant 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 42 ((A)) 188 ar; r42((A)) 189
Submitted By:
E. Frank Smith (property owner)
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this �l�tf� day of
fehruArV '2001 by Praj4 Smith
My commission expires on JU_nuu.r!� 31, ZOC4
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Notary Public
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E. FRANK SMITH PROPERTY
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12DEC00 I JOB
PAINTER— LEWIS, P.L.C.
WINCHESTER, VIRGINIA
DRAWING NO.:
GENERALIZED SITE PLAN GSP —i