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6451_LeonLargentEstateAMENDMENT Action: PLANNING COMMISSION: October 5, 2005 - Recommended Approval BOARD OF SUPERVISORS: October 26, 2005 U APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #15 -05 OF LEON LARGENT ESTATE WHEREAS, Rezoning #15 -05 of the Leon Largent Estate, was submitted to rezone 30.01 acres from RA (Rural Areas) District to M 1 (Light Industrial) District for warehouse use. The property is located off Airport Road (Route 645), approximately 1.2 miles from the intersection of Airport Road and Front Royal Pike (Route 522), directly southeast of the Airport property, and is identified by Property Identification Number (PIN) 64 -5 -1. WHEREAS, the Planning Commission held a public hearing on this rezoning on October 5, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 26, 2005; 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 30.01 acres from RA (Rural Areas) District to M1 (Light Industrial) District for warehouse use, 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 444 -05 This ordinance shall be in effect on the date of adoption. Passed this 26th day of October, 2005 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Aye Gary Dove Aye Lynda J. Tyler Aye Bill M. Ewing Aye Gene Fisher Aye A COPY ATTEST r John R. Pf ey, Jr. Frederick County Administrator PDRes 944 -05 REZONING: RZ# 15 Rural Areas District (RA) to General Industrial (M1) with Proffers PROPERTY: 30.01 + /- acres Tax Parcel #64- ((5)) -1 APPLICANT: Robert Largent, Max Largent, & Romona Largent Hines Preliminary Matters Pursuant to Section 15.2296 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 # /� for the rezoning of 30.01 + /- acres from the Rural Areas District (RA) to the General Industrial District (M1) with Proffers, 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. Transportation A. The Applicant hereby proffers a contribution of $20,000 for sign alization construction and road improvements to be paid at the time of the first issuance of a building permit. B. The Applicant hereby proffers to provide a Traffic Impact Analysis (TIA) meeting all requirements of the Virginia Department of Transportation (VDOT), should the initial site plan provide for a land use(s) with traffic generation projections exceeding 1500 vehicles per day (VPD). Any road improvements deemed necessary by the TIA to maintain acceptable levels of service will be determined between the Applicant, VDOT, and Frederick County prior to site plan approval. C. The Applicant hereby proffers to coordinate with VDOT to determine the best design for the construction of a commercial entrance to the property. The Applicant hereby proffers to construct a 30 ft. wide (minimum) commercial entrance as part of the development of this property. This entrance will be a part of the site plan for this property. The entrance will be constructed to all VDOT design standards. Stormwater Management The Applicant hereby proffers to preserve the overall retention volumes of the stormwater management basin as designed for VDOT for the designated drainage area. Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event rezoning application # % -os approved, the Applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia the following amount: $.0151building square foot This payment, potentially totaling $2,970 is intended to offset the additional cost to Frederick County, and more specifically the Frederick County Department of Fire and Rescue. Conservation Area The Applicant hereby proffers that in the event rezoning application # 15"5' is approved, the southwest strip of land that contains a portion of Buffalo Lick Run and its floodplain will be preserved as a conservation area and an environmental stream corridor. This area of land is labeled on Conservation Area Map #8 (see attached) as the "Conservation Area' and is approximately 1.369 acres. 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 land rezoned in addition to other requirements set forth in the Frederick County Code. By: � Ce_ Date: Max Largent Commonwealth of Virginia, eity}County of `7'/r &AXP -WJ To Wit: �, pp The foregoing instrument was acknowledged before me thisady of / ME h My Commission Expires wC –�� — ® S No ar Public Respectfully Submitted: In Date: -� Rob rt Largen Commonwealth of Virginia, AA The foregoing instrument was acknowledged before me thisp2 day of . Goy /County of To Wit: 2005by �D Not y ublic My Commission Expires By: Qiy!? W-4— 0 . 1 0� Dat ent Hin 4� Ro ona Larg 'er Asr2 State of Florida, City /County of �2�a t1 ' To Wit: The foregoing instrument was acknowledged before me this 7 day of ��AL deV-- ao < Notary Public My Commission Expires 66 /0 0 , Lm � Notary Puub4c State of Florida My Comm. expires June 23, 2009 No. DD 432080 F 13 Conservation Area 1.369 + /- A cres 0 The Largent Property ,r Conservation Area Streams Parcel lines " A 0 0 O p O C Q 0 a d to CD CD The Largent Property 0I SCALES 0 100200 400 600 V = 400' yt Triad Engineering, Inc 07 April 2005