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43A143_SnowdenBridgeStationAMENDMENT Action: PLANNING COMMISSION: February 15, 2012 - Recommended Approval BOARD OF SUPERVISORS: March 14, 2012 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-12 OF SNOWDEN BRIDGE STATION O WHEREAS, Rezoning #01-12 of Snowden Bridge Station, submitted by GreyWolfe, Inc., to rezone 6.512 acres from RA (Rural Areas) District and 6.180 acres from RP (Residential Performance) District to M1 (Light Industrial) District, with proffers dated July 18, 2011, last revised on January 9, 2012, to accommodate industrial uses, was considered. The properties are located adjacent to CSX Railroad, 620 feet east of Route 11 on the north side of Snowden Bridge Boulevard, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44 -A -143,44 -A -144,43 -A -145,43-A-146 and 43-A- 147. WHEREAS, the Planning Commission held a public hearing on this rezoning on February 15, 2012; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 14, 2012; 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 rezone 6.512 acres from RA (Rural Areas) District and 6.180 Acres from RP (Residential Performance) District to M1 (Light Industrial) District, with proffers dated July 18, 2011, last revised on January 9, 2012, to accommodate industrial uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRES#09-12 This ordinance shall be in effect on the date of adoption. Passed this 14th day of March, 2012 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Ross P. Spicer Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye PDRES409- ] 2 A COPY ATTEST John R. Riley; Jr.1 E✓ Frederiek County Administrator viRGINIA., FREDERICK COUNTY -SCT. This instrument of writing was produced to me 0a and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ , and 59.1.7801 have been paid, if assessable. Clerk -LII0002612 Rezoning: RZ #a i -12 Property: Area: 12.692 acres Tax Parcels 43-(A)-143 43-(A)-144 43-(A)-145 43-(A)-146 43-(A)-147 Record Owners: K & J Investments, LC North Stephenson, Inc. Applicant: GreyWolfe, Inc. — Gary R. Oates, LS -B, PE Project Name: Snowden Bridge Station Original Date of Proffers: July 18, 2011 Revised Date Proffers: January 9, 2012 Magisterial District: Stonewall 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 offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #R[-12 for rezoning of 6.512 acres from the RA (Rural Areas), and 6.180 acres from RP (Residential Performance) to M-1 (Industrial 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 are approved by the 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 properties, as recorded in the Frederick County Circuit Court Clerk's Office, are more particularly described as the lands conveyed to: North Stephenson, Inc. from Warren Ray Sales and Connie Jean Sales in Deed Book 751, Page 1431, dated October 10, 1990 — [43-(A)-143] K & J Investments, LC, from Florence Trenary #020007399 dated May 6, 2002, and Deed of Correction #110007194 — [43-(A)-144 and 43-(A)-146] K & J Investments, LC, from William Buhl #080006163 dated May 20, 2008, and Deed of Correction #110007195 — [43-(A)-145] North Stephenson, Inc. from H. Smith Dorsey and Winifred K. Dorsey in Deed Book 668, Page 229, dated December 23, 1987 — [43-(A)-147] 1. Transportation a. Ezra Lane i. The applicants proffer to construct Ezra Lane in the general location shown on the attached plat from Snowden Bridge Blvd to Nulton Lane. The road will be built to VDOT standards for public use as a two-lane urban road per the Comprehensive Plan. Access to the properties shall be limited to commercial entrances on the proposed Ezra Avenue. The final locations will be subject to VDOT review and approval once a site plan is submitted. This right of way and constructed road will be dedicated to the County of Frederick when it meets the Commonwealth's criteria for acceptance. b. Signalization i. The applicants hereby proffer to install the warranted signalization improvements at the intersection of Snowden Bridge Blvd and Ezra Lane, as specified by VDOT. The final design, location, and date of completion of the improvements will be determined by the Virginia Department of Transportation (VDOT). 2. Fire & Rescue — Monetary Contributions The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. Water and Sewer The applicant proffers to construct water and sewer to along Ezra Lane and will provide an easement, needed, to allow the adjacent properties to connect. 2 CZ) a W The conditions proffered above shall be binding upon 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 and Ordinance. Respectfully Submitted: Keven Voyne Omps Date Manager, K & J Investments, LC \91m, Ezra Omps V bate President, North Stephenson, Inc. Commonwealth of Virginia, City/County ofp�.:� To Wit: 'moo ► =� The foregoing instrument was acknowledged before me this 2 ay of--\�-Nv 2e-+-1 By Ve�J,2v\ Notary Pu is My Commission Expires " ! 3L 00 b b p �LU EXIT 317 SITE ROUTE 37 LG.) SCALE 1"= 2000' METES AND BOUNDS DESCRIPTION The area describe herein denotes parcels to be rezoned from RA and RP to M-1 per the Frederick County Zoning Ordinance. of Tax Parcels 43-(A)-143 and 147. This area This areas is comprised of Tax Parcels 43-(A)-144, 145, & 146 and portions fronts the western side of CSX Railroad in the Stonewall Magisterial District, Frederick County, Virginia, and is further described by metes and bounds as follows: Beginning at a 1/2" iron rod found on the southeast corner off Tax Parcel 43-(A)-147 located on the CSX right of way; Thence with the boundary of 43-(A)-147, N 51121'20" W - 784.84' to a point on the boundary being the western side of the proposed right of way of the future road; Thence with the proposed right of way and through Tax Parcels 43-(A)-147 and 43-(A)-143 for the following 2 courses; Al 38038'40" E-121.15'to a point; with a curve to the right, Radius=780.00', arc=510.97, d =37132'02", Chord=N 57124'41 " E - 501.88' to a point in the line with Weber's Nursery, Thence with the boundary of Weber's Nursery S 59014'17" E - 887.94' to a 1/2" iron rod on the CSX right of way; Thence with CSX right of way for the following 4 courses; S 59 030'07" W - 420.80' to a point; with a curve to the left, Radios=1882.93', Arc=43.32, A =00051'39", Chord=S 59104'00" W - 43,32' to a point; . N 30°29'53" W - 4.00'to a point; with a curve to the left, Radius=2886.93; Arc=298.95', A =05055'59", Chord=S 55°40'17" W - 298.82' to the point of beginning. Containing 12.692 acres. NOTES 1. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN. j IE6 2. THERE WERE NO CEMETERIES OBSERVED ON THIS SITE. 3. THIS IS NOT A BOUNDARY SURVEY. OWNER OF RECORD IS K & J INVESTMENTS, LC AND NORTH STEPHENSON, INC.. 4. CURRENT 5. THE TOTAL AREA OF 12.692 ACRES INCLUDES 0.887 ACRES TO BE DEDICATED FOR A PUBLIC ROAD. FINAL PLAT OF A PROPOSED REZONING ON THE LANDS OF �P�TH OF VI K & I INVESTMENTS, LC and NORTH STEPHENSON, INC. 145, & 145 AND PARCELS 43-(A)-144, PORTIONS OF PARCELSPARCELS 43-(A)-143 & 147 VIRGINIA U D STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, �AR`�° R. ORTES '� 1073 Redbud Road Nd. 1518-B Q 1110. Winchester, VA 22603 GreyWolfelnc@aol.com Cq�O _ _.®®�rareyWolfe, ��®� Land Surveying and Consulting 540-667-2001 OFC SURv�yO 540-545-4001 FAX FILE NO: 0260 DATE: JANUARY 6, 2012 SCALE: 1 " = 200' SHEET 1 OF 2 J 43 -(A) -148 ----L K&J INVESTMENTS, LC I ZONED: RP I z 0 0 z m A_ I O m m I c I p 43-(A)-151 NORTH STEPHENSON, INC. ZONED: M-1 1A I t I I t i m A a _ m CSX RAILROAD A a n Cil ROUTE 11 200' 0' 200' N G G A1 1 z� t dZ GRAPHIC SCALE y01 m� A pm m -{ m ��1 It AA t• tn1 �� O m, v l"o t in � I I I RATLIEF I _ ZONED: RP 43-(A)-142 I I K&) INVESTMENTS, L( 138'40" E ` I -ZONED: RP_ f.15'� --- - LANE,/ M 43-(A)-143 NORTH STEPHENSON, INC ZONED: RP t0.887ACRE5 TO BE I DEDICATED FOR PUBLIC 1 �RIGHT OF WAY z 11 ,I 43-(A)-140 o ` MICHAEL WEBER 111 43-(A)-144 ZONED. RA s 1 t 1 K&) INVESTMENTS, LC t 1 ZONED: RP v CU m � � 43-(A)-145 K&) INVESTMENTS, LC 43-(A)-147 -ZONED: RP_ NORTHSTEPHENSON, INC m ZONED: RA t m t � tI 41 t t t 43-(A)-146 K&) INVESTMENTS, LC 0 C 3 ZONED: RP _ �N 3002953" W - 4.00' 0 Ss9,-?Op)„ CZ ' ¢Z�80' if/ GRAYSTONE INDUSTRIAL PARK GRA YSTONE \ , O ` ZONED: 14-1 INDUSTRIAL PARK ZONED: M-1 \ 9 RADIUS ARC DELTA BEARING CHORD DIREC770AI C-1 780.00' 510.970' 37032'02" N 57024'41 " E 501.882' CW C-2 2882.930 43.316' 00°5139" S 59°04'00" W 43,315' C -CW C-3 2886.9301298,952' 0505559" S 55040'17" W 298.818' C -CW OPC P`TH OF N , Nc� f , ,. p .:GI � • . Q.. GARY R. GATES No.'1518-B SURjlo ' . FILE NO: 0260 FINAL PLAT OF A PROPOSED REZONING ON THE LANDS OF K & I INVESTMENTS, LC and NORTH STEPHENSON, INC. —PARCEL 43-(A)-144, 145, & 145 AND PORTIONS OF PARCELSPARCELS 43-(A)-143 & 147 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA qpq 1073 Redbud Road �AC®����'�y�b1®��' Inc. Winchester, VA 22603 ldGreylNolfelnc@aol.com � � Land Surveying and Consulting II 540-667-2001 OFC 540-545-4001 FAX DATE: JANUARY 6, 2012 SCALE: 1 " = 200' 1 SHEET 2 OF 2 43-(A)-148- K&J INVESTMENTS, LC ZONED: RP I i 43-(A)-151 NORTH STEPHENSON, INC. ZONED: M-1 I? I CSX RAILROAD- -- GRA YSTONE INDUSTRIAL PARK ZONED: M-1 l RATLIEF ZONED: RP LK&I 3-(A)-142 VESTMENTS, LC EONED: RP 200' 0' 200' GRAPHIC SCALE 43 (A) 143 NORTHSTEPHEN50/J, INC ZONED: RP 10.887ACRES TO BE DEDICATED FOR PUBLIC RIGHT OF WAY ,r ROUTE 11 43- 144 BEARING K&7 IN STMENTS; LG; ., ZONED; RP DIRECTION EC� 780.00' 510.970' K&J INVESTMENTS, LC I �3 � W 1 _ZONED: q l o I , 1 z 1 Z W S 59°04'00" W 1 �C' Orn `1 43 (ANN K&J INVESTM IN _ 1 ZONED C3 W 4.00_ 298.818' fN3002953 43-(A)-148- K&J INVESTMENTS, LC ZONED: RP I i 43-(A)-151 NORTH STEPHENSON, INC. ZONED: M-1 I? I CSX RAILROAD- -- GRA YSTONE INDUSTRIAL PARK ZONED: M-1 l RATLIEF ZONED: RP LK&I 3-(A)-142 VESTMENTS, LC EONED: RP 200' 0' 200' GRAPHIC SCALE 43 (A) 143 NORTHSTEPHEN50/J, INC ZONED: RP 10.887ACRES TO BE DEDICATED FOR PUBLIC RIGHT OF WAY Cz� 43-(A)-140 MICHAEL WEBER ZONED: RA GRAYSTONE \ O` INDUSTRIAL PARK ---- ZONED: ZONED: M-1 \ ,r RADIUS ARC 43- 144 BEARING K&7 IN STMENTS; LG; ., ZONED; RP DIRECTION 3-(A) .145 780.00' 510.970' K&J INVESTMENTS, LC N 57024'41 " E RP 43-(A)-147 _ZONED: 'H STEPHENSON, INC ZONED: RA 1 00°5139" S 59°04'00" W 43.315' `1 43 (ANN K&J INVESTM . _ 1 ZONED C3 W 4.00_ 298.818' fN3002953 Cz� 43-(A)-140 MICHAEL WEBER ZONED: RA GRAYSTONE \ O` INDUSTRIAL PARK ---- ZONED: ZONED: M-1 \ FINAL PLAT OF �PLTH OF (/ A PROPOSED REZONING ON THE LANDS OF l� K & > INVESTMENTS, LC and NORTH STEPHENSON, INC. O Cr2 PARCELS 43-(A)-144, 145, & 145 AND p PORTIONS OF PARCELSPARCELS 43-(A)-143 & 147 U GARY R. OATES D STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA No. 1518-B GreyW®Ife, Inc. 1073RedbuRoad lNinchester, VA 22603 GreyWolfelnc@aol.com O SURv Land Surveying and Consulting 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0260 DATE: JANUARY 6, 2012 SCALE: 1 " = 200' 1 SHEET 2 OF 2 0 GD G1 ,r RADIUS ARC DELTA BEARING CHORD DIRECTION C-1 780.00' 510.970' 37032'02" N 57024'41 " E 501.882' CW C-2 2882.930 43.316' 00°5139" S 59°04'00" W 43.315' C -CW C-3 2886,9301298,952' 0505559" S 55040'17" W 298.818' C -CW FINAL PLAT OF �PLTH OF (/ A PROPOSED REZONING ON THE LANDS OF l� K & > INVESTMENTS, LC and NORTH STEPHENSON, INC. O Cr2 PARCELS 43-(A)-144, 145, & 145 AND p PORTIONS OF PARCELSPARCELS 43-(A)-143 & 147 U GARY R. OATES D STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA No. 1518-B GreyW®Ife, Inc. 1073RedbuRoad lNinchester, VA 22603 GreyWolfelnc@aol.com O SURv Land Surveying and Consulting 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0260 DATE: JANUARY 6, 2012 SCALE: 1 " = 200' 1 SHEET 2 OF 2 0 GD G1