44A89_APACVirginiaInci1
AMENDMENT
Action:
PLANNING COMMISSION: December 5, 2001 - Recommended Approval
BOARD OF SUPERVISORS: January 9, 2002 - ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #11 -01 OF APAC - VIRGINIA, INC.
WHEREAS, Rezoning #11 -01 ofAPAC -Virginia, Inc. and L. F. Franklin & Sons, Inc. was submitted
by G.W. Clifford & Associates, Inc. to rezone 7.45 acres from RA (Rural Areas) to B3 (Industrial
Transition); and this property is located at the northeast quadrant of the intersection of Route 11 and
Route 664 near Stephenson and identified with Property Identification Numbers 44 -A -89 and 44 -A -89A
in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 5,
2001; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 9, 2002;
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 7.45 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.
PORes #01 -02
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of January, 2002 by the following recorded vote:
Richard C. Shickle, Chairman
Gina A. Forrester
W. Harrington Smith, Jr.
Lynda J. Tyler
Aye Sidney A. Reyes Aye
-Aye- Margaret B. Douglas A
Aye Robert M. Sager Aye
Aye
A COPY ATTEST
9ivl--41� -
John 'ley, Jr.
Frederick County Administrator
PDRes_ #01 -02
O'A,rndadCOMMEN "PS \RPZON I NGARESO AJINVAPAC -VA An, ,d
REZONING REQUEST PROFFER
Property Identification Number 44 -A -89A and 44 -A -89
Stonewall Magisterial District
APAC — Virginia, Inc.
Preliminary Matters
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 rezoning, the undersigned applicant
herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve
Rezoning Application 411 -01 for the rezoning of 7.4455 acres from the present RA to B3. 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.
General Development Plan
The subject property shall be used in the same manner as currently in use. Incremental buffer and
screen improvements will be accomplished during site plan review and implementation. The first
incremental site improvements are building addition and parking improvements which shall be
implemented along Route 664 as generally shown on the Generalized Development Plan (Figure 1)
Sheet 4 of 4. These improvements are to meet requirements of the County zoning ordinance as
identified by future site plan review.
Any change of use from Construction Company shall require compliance with all B -3 zoning
requirements.
Monetary Contribution to Offset Impact of Development
The undersigned, who owns the above described property, hereby voluntarily proffer that if the Board of
Supervisors for the County of Frederick, Virginia approves the rezoning for the 7.4485 acre tract lying
on the northeast quadrant of the intersection of Route 11 and Route 664 near Stephenson, Virginia in the
Stonewall Magisterial District of Frederick County, Virginia from existing RA to B -3 the undersigned
will pay to Frederick County, at the time a building permit is issued for the office expansion, a lump
sum payment of five thousand dollars ($5,000.00) for Fire and Rescue Company and five thousand
dollars ($5,000.00) for Sheriffs Office.
1 of
REZONING REQUEST PROFFER
Property Identification Number 44 -A -89A and 44 -A -89
Stonewall Magisterial District
APAC — Virginia, Inc.
Page 2
Prohibited Uses on This Site
In reviewing the types of use allowed in the B -3 zone, the owner has determined certain classes of uses
are inconsistent with good planning on this site.
The undersigned owner shall voluntarily prohibit the following uses from existing on the subject
° properties:
SIC 41
Local and suburban transit and interurban highway passenger transportation
SIC 42
Motor freight transportation and warehousing
SIC 45
Transportation by air
SIC 55
Automotive dealers and gasoline service stations including truck stop facility
SIC 721
Laundry, dry- cleaning and garment services
SIC 75
Drive -in motion picture theaters
Site Improvements (Refer to Sheet 4 of 4 for General Locations - Applicable to All Future Uses )
1. New buildings which front on Route 664 shall not exceed 24' in height and have a brick front
facade ( "A ").
Site entrances on Routes 11 and 664 shall be limited to one on each roadway (`B ").
3. Evergreen screening including 2 rows of 6' high trees at planting to be installed to limits
shown in attached Figure 1 ( "C ").
Signage for the Route 664 corridor portion of this site shall be limited to one 50 square foot
monument type sign ( "D "). Such sign should not exceed 10 ft. in height.
Onsite Wastewater Treatment
Should an onsite wastewater treatment system requiring stream discharge of treated effluent be utilized
for this site it shall be under agreement with and management by the Frederick County Sanitation
Authority.
2 of 4
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
By: By: ,/"/,
Date: .2
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To-wit:
2 The foregoing instrument was acknowledged before me this day of jonu f -)
200X, by = m r) tj q, BUr
My commission expires \ — to 'ZOO 3
Notary Public
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APAC PROFFER
Sheet 4 of 4
FIGURE 1