87A12_IrongateIncAMENDMENT
Action:
PLANNING COMMISSION: Recommended Approval on February 21, 2001
BOARD OF SUPERVISORS: Approved April 11, 2001
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02 -01 OF IRONGATE, INC.
WHEREAS, Rezoning #02 -01 of Irongate, Inc., was submitted by Painter - Lewis, P.L.C., to rezone a
14.43 -acre portion of a 48.26 -acre tract from RA (Rural Areas) to Ml (Light Industrial). This property
is located on the south side of Fairfax Pike (Route 277), approximately 1 'A miles west of the Clarke
County line and is identified with Property Identification Number 87 -A -12 in the Opequon Magisterial
District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on February 21,
2001; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 11, 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 a 14.43 -acre portion of a 48.26 -acre tract from RA (Rural Areas) 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 #05 -01
This ordinance shall be in effect on the date of adoption.
Passed this 11th day of April, 2001 by the following recorded vote:
Richard C. Shickle, Chairman Ave Sidney A. Reyes
Aye
W. Harrington Smith, Jr.
Aye
Margaret B. Douglas
Ave
Charles W. Orndoff, Sr.
Aye
Robert M. Sager
Aye
A COPY ATTEST
0 yi & i
John W Ailey, Jr.
Frederick County dministrator
PDRes. 905 -01
0,Wgend \COMMENTSVt ZONMG \USOLUT rong=, IncR wql
PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 87 ((A)) 12
Opequon Magisterial District
Frederick County, Virginia
February 6, 2001
Prepared for: Mr. Dennis Ridings
IRONGATE, INC.
201 Ridings Lane
White Post, Virginia 22663
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: 9902014
PROFFER STATEMENT
PARCEL ID 87 ((A)) 12
INTRODUCTION
The subject parcel contains 49.69 acres, Currently 48.26 acres are zoned RA and 1.43
acres are zoned M -1. Adjacent property is zoned RA. The owner desires to rezone an
additional 14.43 acres within the parcel to M -1.
The intended purpose for the rezoning would be to allow the expansion of the existing
metal fabrication business of Irongate, Inc. The owner is willing to proffer a limit on the
type of use permitted on the proposed M1 zone.
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 # 02-01 for the rezoning of
14.43 acres on Parcel 87- ((A)) -12 from RA to M1, development of this particular 14.43
along with the existing 1.43 acres currently zoned M1 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
1. The land and any improvements thereto will be expressly used for a metal
fabrication business as permitted under the M1 zoning.
2. The owner shall enter into a common shared buffer and screening easement
agreement between properties identified as Tax Map 87 -A -12 and 86- A -179C to
satisfy the requirements of Section 165 -371 of the Frederick County Zoning
Ordinance. This buffer shall incorporate a minimum buffer between the two
parcels of 400 feet. The common shared buffer and screening easement
agreement shall be executed prior to the issuance of a building permit for
improvements on parcel 87 -A -12.
Monetary Contribution to Frederick County Service Organizations
The owner of Parcel 87- ((A)) -12 will donate or will cause to be donated to the Stephens
City Fire and Rescue Company No. 11 the sum of $1000.00 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 87 ((A)) 12
Submitted By:
Mr. Dennis Ridings
Date: a241or
Dennis Ridings l/ "'
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this GA day of
Februar,y, Pool by Mr. Dennis Ridings.
My commission expires on Frirafinn Date July31 7nro
Notary Public