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Home My WebLink About54A118_FrederickBlockAMENDMENT Action: PLANNING COMMISSION: November 5, 2008 - Recommended Approval BOARD OF SUPERVISORS: November 12, 2008 �2 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 409 -08 OF FREDERICK BLOCK WHEREAS, Rezoning 409 -08 of Frederick Block, submitted by Painter- Lewis, PLC, to rezone 1.8 acres from the RP (Residential Performance) District to the B3 (Industrial Transition Business) District, with proffers dated August 13, 2008 and final revision dated November 6, 2008, for Materials storage associated with Frederick Block, and to revise proffers associated with parcel 54A- 1 -15B, was considered. The property is located at 1086 and 1098 Martinsburg Pike (Route 11 North), in the Stonewall Magisterial District, and is identified by Property Identification Numbers 54A -1 -18, 54A -1 -19 and 54A- I -15B. — WHEREAS, the Planning Commission held a public hearing on this rezoning on November 5, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 12,2008; 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 1.8 acres from the RP (Residential Performance) District to the B3 (Industrial Transition Business) District for Materials storage associated with Frederick Block and to revise proffers associated with parcel 54A -1 -1513, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #35 -08 This ordinat,ce shall be in effect on the date of adoption. Passed this 12th day of November, 2008 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaJen, Jr. Abstain Philip A. Lemieux Aye A COPY ATTEST C�,/W,I�� Jo�:K Jr.' ederick County Administrator PDRes 435 -08 Proffer Statement Rezoning #: Property: 1.80 acres PARCEL ID's: 54A-1-18,54A-1-19,54A-1-15B Applicant: Slaughter Properties, L.L.C. 1040 Martinsburg Pike Winchester, VA 22602 Project Name: Frederick Block Route 11 North — Martinsburg Pike Original Date of Proffers: August 13, 2008 Revision Date(s): September 22, 2008 October 10, 2008 October 14, 2008 November 6, 2008 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662 -5792 email: office @painterlewis.com Job Number: 0804007 PROFFER STATEMEN PARCEL ID PARCEL ID's: 54A-1-18,54A-1-1 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application #: -08' for the rezoning of parcels TM #54A -1 -18 and TM #54A -1 -19 from RP to B3, and 54A -1 -15B with proffers, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 10114108, identified as "Generalized Development Plan, Frederick Block Properties ", and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development, the location of proposed material storage areas, the location of existing residential uses, and the location of proposed screening along TM #54 -A -82 and the existing railroad. Please refer to the attached drawing named "GDP ". 2.) Parcel Usage The applicant agrees to limit any new use of TM #s 54A -1 -18 and 54A -1 -19 to that of storage (SIC 5211) for materials associated with the operations of Frederick Block. Any future changes in use will address the impacts associated with these changes and shall be prepared in accordance with the requirements of the Frederick County Zoning Ordinance. 3.) Lot Consolidation The applicant agrees to prepare and submit a boundary line adjustment to the Frederick County Planning Department within 90 days of rezoning approval. The boundary line adjustment shall consolidate a portion of TM #54A -1 -18 into TM #54A -1 -15B to create a larger primary parcel for the operations of Frederick Block. 4.) Zoning Buffers A. The applicant aggress to maintain the existing dwellings on TM #54A -1 -18 and TM #54A -1 -19 for residential use in order to provide a distance buffer and visual screening for adjacent residential properties and the Route 11, Martinsburg Pike, right of way. In the event that the existing dwellings are no longer used for residential purposes, and that the lots are then used for outdoor storage, then the applicant will comply with all buffer and screening requirements of the Frederick County Zoning Ordinance. page 2 PROFFER STATEMEN PARCEL ID PARCEL ID's: 54A-1-18,54A-1-19,54A-1 B. The applicant agrees to preserve existing vegetation and /or install a single row of evergreen trees along the adjacent B3 property and M1 /railroad property to provide screening of the proposed outdoor storage areas. The screening will be completed prior to the use of the property for materials storage. C. The 50' buffer, previously proffered in Rezoning Application #01 -03 and approved by Frederick County Board of Supervisors will be eliminated. The applicant agrees to preserve existing vegetation and/or extend existing screening along the Route 11, Martinsburg Pike, right of way where the existing 50' buffer is being eliminated. 5.) Entrance The applicant agrees that while the existing dwellings on both parcels are utilized for residential use, the common, existing driveway will only serve the two residential structures and will not be utilized for commercial purposes. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even 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. page 3 PROFFER STATEME . PARCEL ID PARCEL ID's: 54A-1-18,54A-1-19,54A-1-15B Submitted By: i Step en C. laughter -Manager Slaughter Properties, L.L.C. _City /County of �!V I I'��e5t� Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this G day of 200_ No ary Public J l Notary Registration Number: 1 1? 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