54A115B_FrederickBlockCompanyAMENDMENT
Action:
PLANNING COMMISSION: January 15, 2003 - Recommended Approval
BOARD OF SUPERVISORS: February 12, 2003 APPROVED d DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #01 -03 OF FREDERICK BLOCK COMPANY
WHEREAS, Rezoning 90 1 -03 ofFrederick Block Company was submitted byGrcemvayEngineering
to rezone 2,63 acres from RP (Residential Performance), B2 (Business General), and "'II (Light
Industrial) to B2 (Business General), and 2.01 acres from RP (Residential Performance), B2 (Business
General), and M 1 (Light Industrial) to B3 (Industrial Transition). This property is located on the eastern
side alone Martinsburg Pike (Route I1 North, approximately 3,400 feet north ofthe intersection of Rt.
1 I and Lee Avenue, and is identified with Property Identification Numbers 54A -1 -1513, 54A- 1 -15C.
54A- 1 -15D; and 54A -1 -16 and 54A -1 -17 in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 15, 2003:
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 12. 2003:
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 2.63 acres from RP (Residential Performance), B2 (Business General), and Ml (Light
Industrial) to B2 (Business General); and 2.01 acres from RP (Residential Performance), B2 (Business
General), and NI I (Light Industrial) 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.
I'DRcs 104 -03
This ordinance shall be in effect on the date of adoption.
Passed this 12 day of February, 2003 by the following recorded vote:
Richard C. Shickle, Chairman
Ave
Sidney A. Reyes
Aye
Gina A. Forrester
Aye
Margaret B. Douglas
Aye
W. Harrington Smith, Jr.
A y e
Robert M. Sager
Aye
Lynda J. Tyler
Aye
A COPY ATTEST
W
John . Riley, Jr.
Frederick County Administrator
PURes. N04 -03
0- AAgcndnsVl'o NINI I:N iS' 170N I NG\R I Sol, U1 Rl[Z Reso Iutmns rcdcrick Block C'o.wpd
Greenway Engineering November I, 2002 Frederic, Block Company
Rezoning
FREDERICK BLOCK COMPANY
REZONING
Tax Parcels # 54A-((1)) -15B, 54A-((1))-15C,
54A-((1))-15D 54A-((1)) -16,
54A- ((1)) -17
Stonewall Magisterial District
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
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01 -03
for the rezoning of 4.64 acres from the B2, Business General District, M1, Light
Industrial District and RP, Residential Performance District to establish 2.63 acres of B2,
Business General District and 2.01 acres of B3, Industrial Transition 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 the said Code and Zoning Ordinance.
In the event that such rezoning is not granted, then these proffers shall be deemed
withdrawn and have no effect whatsoever. These proffers shall be binding upon this
applicant and their legal successors, heirs, or assigns.
The subject property, more particularly described as the lands owned by Frederick Block
Company being all of Tax Map Parcels 54A- ((1)) -15B, 54A- ((1)) -I5C, 54A- ((1)) -I5D,
54A- ((I)) -16 and 54A- ((I)) -17 and further described by Boundary and Topographic
Survey of the land of Slaughter Properties and Stephen R. Slaughter, et al, dated February
27, 2001 (see attached Boundary and Topographic Survey Plan).
A.) Land Use Restriction
The applicant hereby proffers that the following land uses shall be prohibited on any
portion of the subject site that is zoned B2, Business General District and B3,
Industrial Transition District:
SIC 42 Motor freight transportation and warehousing
SIC 45 Transportation by air
SIC 701 Hotels and motels
SIC 704 Organization hotels and lodging
SIC 78 Drive -in motion picture theaters
SIC 7999 Golf driving ranges and miniature golf courses
Adult retail uses (No SIC)
File 9317 VEAW
Greenway Engineering
B.) Transportation
l.) Access
November 1, 2002 Frederic. Block Company
Rezoning
The applicant hereby proffers that access to Martinsburg Pike (U.S. Route 11) shall
be limited to two commercial entrances. The applicant further proffers that the
location of the two commercial entrances shall be aligned with the existing entrances
to the Shockey Companies located on the west side of Martinsburg Pike. The design
and construction of the new commercial entrances shall be provided in conjunction
with the approved site plan for the 4.64 -acre site.
2.) Turn lane— US Route 11
The applicant hereby proffers to install a right -turn lane at the new commercial
entrances on Martinsburg Pike (U.S. Route 11), if warranted by VDOT. If warranted
by VDOT, the design and construction of the right turn lane shall be provided in
conjunction with the approved site plan for the 4.64 -acre site.
C.) Site Development
1) Maximum Structural Area
The applicant hereby proffers to limit the total structural area to 50,000 square feet
for the entire 4.64 -acre site.
2) Decorative Walls
The applicant hereby proffers to refurbish the existing stonewall along Martinsburg
Pike (U.S. Route 11 North) and to construct rounded decorative walls at the new
commercial entrances also located on Martinsburg Pike. The decorative walls will be
a minimum of three (3) feet in height above the Martinsburg Pike road grade and will
be constructed of brick, block, stone or similar material. All decorative walls will be
designed and located to ensure that the visibility of vehicles entering and exiting the
4.64 -acre site is not negatively impacted. The design and construction of the
decorative walls shall be provided in conjunction with the approved site plan for the
4.64 -acre site.
3) Signage
The applicant hereby proffers to refurbish the existing freestanding business sign
located in the southwestern corner of the 4.64 -acre site. The refurbished sign will not
exceed twenty (20) feet in height and is proffered to be the only freestanding business
File n3 rn /EAW 2
Greenway Engineering November I, 2002 Frederic, Block Company
Rezoning
sign on the 4.64 -acre site. A sign plan will submitted to the Frederick County
Building Official for review and approval prior to any use of the existing free-
standing business sign. Any additional business sign located along the Martinsburg
Pike corridor will be monument signs that shall be limited to a maximum height of 12
feet.
4) Lot Consolidation
The applicant hereby proffers to prepare and submit a consolidation plat to the
Frederick County Planning Department within 90 days of rezoning approval. This
consolidation plat shall combine the existing five (5) parcels of land into one (1) 4.64 -
acre parcel.
D.) Buffers and Screening
The applicant hereby proffers to maintain a vegetative strip along the northern property
boundary that is a minimum of 50 feet in width. The applicant further proffers to provide
for a single row of evergreen tree plantings that are a minimum of four (4) feet in height
when planted and spaced a maximum of ten (10) feet on center. The design and planting
of the evergreen trees shall be provided in conjunction with the approved site plan for the
4.64 -acre site.
E.) Monetary Contribution to Offset Impact of Development
The undersigned owners of the above - described property hereby voluntarily proffer
that in the event rezoning application # 01 -03 is approved, the undersigned will
pay to the Treasurer of Frederick County, Virginia the following amount:
$ 500 for Frederick County Fire and Rescue to be redistributed to Clearbrook
Volunteer Fire & Rescue Company for capital facilities costs
This payment is intended to offset the additional cost to Frederick County due to
an increased demand on public services and will be paid within ninety (90) days
following approval of the rezoning by the Board of Supervisors.
File #;nvenw ;
Greenway Engineering November I, 2002 Frederic& Block Company
Rezoning
G.) Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the applicant and owner_ In the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code.
Respectfully Submitted:
By: � i A // /Y It, .�
Step eh n R. Slaughter I Date
By. , �
Stephe C. Slaugl ate
Commonwealth of Virginia,
City /County of
To Wit:
The foregoing instrument was acknowledged before me this � tN day of IJo JFm,9F!�
20 KPR(N 0 LI (Vl��( AJE
My Commission Expires D . B 2 3 I d 0 3
Notary Public
File 43 171 /1-A W 4