6453_Keith&RobinRodgers• J 1 1,
Action:
PLANNING COMMISSION: Recommended Approval on August 1, 2001
BOARD OF SUPERVISORS: Approved September 12, 2001 - APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #06 -01 OF KEITH AND ROBIN RODGERS
WHEREAS, Rezoning #06 -01 of Keith and Robin Rodgers, submitted by Dove & Associates, Inc., to
rezone 15.986 acres from RA (Rural Areas) to Ml (Light Industrial). This property is located at 780
Airport Road (Rt. 645), west of the intersection of Rt. 645 and Victory Road (Rt. 728), and is identified
with Property Identification Number 64 -5 -3 in the Shawnee Magisterial District.; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on August 1, 2001;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 12, 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, TBEREFORE, 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 15.986 acres from RA (Rural Areas) to M1 (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 #17 -01
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of September, 2001 by the following recorded vote:
Richard C. Shickle, Chairman
W. Harrington Smith, Jr.
Charles W. Omdoff, Sr.
Aye Sidney A. Reyes Ave
Aye Margaret B. Douglas Aye
Aye Robert M. Sager Aye
A COPY ATTEST
9�A
John W Riley, Jr.
Frederick County Administrator
PDRes. 917 -01
0 '.V g ndo COMMENTS \RE ONING\RESOL 1 Kei�Rodgm.wpd
REZONING REQUEST REVISED PROFFERS
Property Identification Number 64- ((5)) -3 RECEIVED
Shawnee Magisterial District au6 3 1 2001
Preliminary Matters
COMMONWEAOfi'• iii li"NEY
FREDERICK L2WH`r
Pursuant to Section 15.2 -2296 et. seg ., 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 #06 -01 for the rezoning of 15.986 acres from Rural Area
(RA) zoning district to Industrial General (M1) 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.
Volunteer Granting of Easements for Stream Valley Park Development
The undersigned, who owns the above described property hereby voluntarily
proffers that if the Frederick County Board of Supervisors approves the rezoning
for the 15.986 acres, lying south of Va. Secondary Route 645, Airport Road in
Shawnee Magisterial District of Frederick County, Virginia from RA to M1 the
undersigned will grant unto Frederick County a Conservation Easement as shown
on the Rezoning Survey. The purpose of this Conservation Easement is to
preserve the Buffalo Lick Run Stream Valley for a possible Stream Valley Park
Development.
Monetary Contribution to Offset Impact of Development
The undersigned, who owns the above described property hereby voluntarily
proffers that if the Frederick County Board of Supervisors approves the rezoning
for the 15.986 acres, lying south of Va. Secondary Route 645, Airport Road in
Shawnee Magisterial District of Frederick County, Virginia from RA to M1, the
undersigned will pay to Frederick County the sum of four cents ($0.04) per
square foot of building structure at the time a building permit is applied for and
issued for any new construction. This contribution shall be designated for
Frederick County Fire and Rescue emergency services.
Page 2
REZONING REQUEST REVISED PROFFERS
Property Identification Plumber 64- ((S)) -3
Shawnee Magisterial District
Development Standards
The undersigned, who owns the above described property hereby voluntarily
proffers that if the Frederick County Board of Supervisors approves the rezoning
for the 15.986 acres, lying south of Va. Secondary Route 645, Airport Road in
Shawnee Magisterial District of Frederick County, Virginia from RA to M1 the
undersigned will agree to design any new development by providing the following:
1) Lighting will consist of building mounted lights and pole- mounted lights
that will be of downcast nature and shielded and directed away from
adjacent properties.
2) All freestanding signs will be limited to 10 feet in height.
3) Loading docks will be oriented away from. adjoining properties and
Airport Road.
4) Any new development will provide landscaping in excess of county
requirements.
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,
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To- wit:
Date:
The foregoing instrument was acknowledged before me this day of
Qs � ( r<<<0
My Commission expires ( 1/'�)o� <>
REZONING SURVEY
SHOWING THE DISTRICT BOUNDARIES
4 ON THE PROPERTY OF
KEfTJ+ & R084N RODGERS ESTE
SHAWNEE MAGRIAL DISTRICT
VI
FREDERLCK- COUNTY
I5.09 ACRES acLUOm Fnou
REZONING MPLICAPON
c1s. a ' asr'cRs
m
G
m
LINE TABLE
Ll
N. 29'47 W-
30.42'
L2
N 14'19'57" W
27.98'
L3
S 16'53'14" E
22.16'
L¢
IT- 3fTT422` W
40:93'
L5
N 26'35'36" W
75.60'
L6
N 05'40'36 W
91.06'
- L7
N 0735'47" W
39.54'
L8
N 00'41'04" E
39.38'
L9
N 05'42'19' E
37 -40'
LTG
N 0633'34" W
28.00'
L71
N 10'58'36" E
25.11
L12
N 22'08'13' W
47.58' -
L13
N 4504'56' W'
3582'.
L14
E
N 63'52'42" W
40.19'
L15
N 47'29 @3" W
52.28'
L16
N 54'21'58 W
51.37'
i
ENGINEERS
PLANNERS
& ASSC C RTES SURVEYORS
3078 SHAWNEE DRIVE
P.O. BOX 2033
WINCHESTER, VIRGNIA 2260T
(540)667-1103
EDWARD W, DOVE
CERT. NO.
�4- 17 -3(A) 954
k vk 10 oT
a
0
THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT I NE DATE. JUNE 29, 2001 SCALE: I" = 400' I
AND DOES NOT CESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY.I
CURRENT OWNER: RODGERS TAX 10: 64 -5 -3
JOB: AIRPORT /WKS
LAND TO. BE REZONED
30.99'