43A111_CowperwoodFEMAAMENDMENT
Action:
PLANNING COMMISSION: July 16, 2014 - Recommended Approval
BOARD OF SUPERVISORS: August 13, 2014 ® APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #01-14 COWPERWOOD FEMA
WHEREAS, Rezoning #01-14 of Cowperwood FEMA, submitted by Greenway Engineering, to rezone
124 acres from RA (Rural Areas) District to B2 (Business General) District with proffers dated February
14, 2014, last revised on June 17, 2014, was considered. The property is located on Martinsburg Pike (Rt.
11) and is located approximately 0.6 miles north of Interstate 81 and Exit 317. The property is further
identified with P.I.N. 43-A-111 in the Stonewall Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 16, 2014, and
recommended approval of this request; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 13,2_014; 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 1.24 acres from RA (Rural Areas) District to B2 (Business General) District with proffers. The
conditions voluntarily proffered in writing by the applicant and the property owner are attached.
PDRes #20-14
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This ordinance shall be in effect on the date of adoption.
Passed this 13th day of August, 2014 by the following recorded vote:
Richard C. Shickle, Chairman
Aye Gary A. Lofton Aye
Robert A. Hess
Aye Robert W. Wells Aye
Gene E. Fisher
Aye Charles S. DeHaven, Jr. Abstained
Christopher E. Collins
Aye
A COPY ATTEST
Al
JoKnA 1614, Jr.
Fr erick County Administrator
vIRVINIA: FR DERICK COUNTY.SC 1.
This instrument of writing was produced to me on
: i ci-1 at 19 r'N
and with certificate acknowledgcment thereto annexer
was admitted to record. Tax imposed by Seca 58.1-8027 of
sJL.�1_.,_ , and 58.1-801 have been paid, if amessahl,
Clerk
PDRes. #20-14
BOS Res. 010-14
Greenway Engineering February 14, 2014 Cowperwood FEMA, LLC Rezoning
Revised June 17, 2014
0a(�S91.
COWPERWOOD FEMA, LLC COMMERCIAL PROPERTY
PROFFER STATEMENT
REZONING: RZ#
Rural Areas (RA) District to Business General (132) District with
Proffers
PROPERTY: 1.24± acre portion of 18.34± acre parcel
Tax Parcel 43-A-11 I
RECORD OWNER: Cowperwood FEMA, LLC
APPLICANT: Cowperwood FEMA, LLC (here -in after the "Owner")
PROJECT NAME: Cowperwood FEMA, LLC Commercial Property
ORIGINAL DATE
OF PROFFERS: February 14, 2014
REVISION DATE: June 17, 2014
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 Owner hereby proffers that in the event the Board of Supervisors
of Frederick County, Virginia, shall approve Rezoning Application # 61 - 114 for the
rezoning of 1.24± -acres of Rural Areas (RA) District to 1.24± -acres of Business General
(132) District with proffers; development of the subject property ("Property") shalI 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 Owner
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 the Owner and any successors, or assigns of the Owner.
The Property, identified as Cowperwood FEMA, LLC Commercial Property and more
particularly described as the land owned by Cowperwood FEMA, LLC., being a 1.24±
acre portion of Tax Map Parcel 43-A-111 (tax parcel 43-A-111 acquired as Instrument
No. 0600020794), as shown on the plat titled Rezoning Exhibit, by Richard A. Edens
dated December 17, 2013.
File #2795J/EAW
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Greenway Engineering February 14, 2014 Cowperwood FEMA, LLC Rezoning t
Revised June 17, 2014 CD
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COWPERWOOD FEMA, LLC COMMERCIAL PROPERTY
PROFFER STATEMENT
A. Land Use
1) The Owner hereby proffers to limit development of the Property to the existing
single-family detached dwelling. This proffer allows for the expansion and/or
repair of the existing single-family dwelling in accordance with all applicable
state and local requirements provided that the structure remains as a single-family
detached dwelling.
B. Transportation
1) The Owner hereby proffers to dedicate a right-of-way area along the frontage of
the Property that is 20' in width for the future widening of Martinsburg Pike (U.S.
Route 11 North). The Owner will dedicate the 20' -wide right-of-way to VDOT
at such time that it is requested by VDOT or Frederick County in writing for the
Martinsburg Pike widening project.
2) The Owner hereby proffers to utilize the existing access drive located on tax
parcel 43-A-111 for the existing single-family detached dwelling for access to the
public street system, and proffers to restrict additional connections to Martinsburg
Pike along the frontage of the Property.
OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES
File #2795J/EAW 2
Greenway Engineering
Signature
February 14, 2014 Cowperwood HTMA, LLC Rezoning
Revised June 17, 2014
The conditions proffered above shall be binding upon the successors and assigns of the
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:
Cowperwood FEMA, LLC
Edward J. Sussi, Executive Vice President
State of New York,
City/County of j'kW T0a.Jo. To Wit:
Date
The foregoing instrument was acknowledged before me this IqTAday of J l/41C'
20-L4- by GO WA
L'XewrlveCIL-
Notary Public
NANETTE BRANNIGAN
My Commission Expires t al 6W- 2�1, 2.0 I Notary Public, State of New York
No. 31-4875068
Oualified in New York Countyy
Term Expires October 27, 2014-
File #2795J/EAW
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CURVE DATA
CURVE DELTA ANGLE I RADIUS I ARC LENGTH I TANGENT CHORD BEARING CHORD LENGTH
C1 1 00'28'11" 111,499.20'1 94.27 1 47.13' S 38'0250" W 1 94-27'
06
t eo TAX PARCEL 43-A-111
pF P00% 18.3453 ACRES (TOTAL)
10 ��p "o COWPERWOOD FEMA, LLC
INST. No 060020794
16.53 ACRES -t
PORTION TO REMAIN ZONED M 1
ZONE Ml ZONE. Mi
......................
ZONE' N J9'29'50 'ZONE' RP ZONE. R4
�--�o� ZON_E M1
ZONE. RA FON
N 55'45 55" W
100.30'
z'z
ti N El SHED
CC
WEQ WELLING
015xtj 22 W
t� 2
o� I c Z N 64'02'55 w I _� Q%
o 3i Q 141.11' W �71 1� Y`OocW.�
W zQ, ;"; 0 0 1.2499 ACRES
o = - PORTION TO BE
o o 0m
REZONED ro 82
a
2 o
ti
N 59'26 50" W
77.64'
S 852755" W
N N 36.38'
25.56'
S 3T48 44" `y - 133.86'
C1
IIAAf�T/NBB(1H(s 838 �Q/KE o.32 M�c£f To
ROUTE
U.S ROUTE 11 WCANNS RD,
80' R/W
�� 60 0 60
THE BOUNDARYINFORMA77ON SHOWN HEREON HAS BEEN PREPARED
FROM AVAILABLE RECORDS AND /S NOT PURPORTED TO BE A
BOUNDARY SURVEY OF THE PARCEL OR ANY PORTION OF THE GRAPHIC SCALE
BOUNDARY LINES. (IN FEET)
REZONING EXHIBIT
SHOWING A PORTION OF THE LAND OF � �ALTH OF y .
COWPERWOOD FEMA, LLG �o ren
STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA �� A. EDENS a
SCALE: 1" = 60' DATE: DECEMBER 17, 2013
GREENWAY ENGINEERING 1 Lic. No. 2550
1 151 Windy Hill Lane
Engineers Winchester, Virginia 22602 s'URv�'
Surveyors Telephone: (540) 662-4785 t,
FAX (540) 722-9528 _
F�oupided in 1971 www.greenwayeng.com 2795J SHEET 1 OT" 1