34A6D_WoodsideLandAMENDMENT
Action:
PLANNING COMMISSION: October 21, 2015 - Recommended Approval
BOARD OF SUPERVISORS: November 12, 2015 - Tabled Request; Continued Public Hearing
December 9, 2015 K APPROVED n DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #07-15 WOODSIDE LAND COMPANY, LLC
WHEREAS, Rezoning #07-15, Of Woodside Land Company LLC, submitted by GreyWolfe, Inc., to
rezone 20.00 acres of land from the RA (Rural Areas) District to the M2 (Industrial General) District with
proffers dated June 22, 2015, last revised on November 20, 2015, was considered. The property is located
on the southern side of Route 669 about 2,000' east of Route 11 and adjacent to the Winchester & Western
Railroad. The property is further identified by PIN 34-A-61) in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 21, 2015
and recommended approval; and
WHEREAS, the Board of Supervisors tabled the request and continued the public hearing on this
rezoning on November 12, 2015; and
WHEREAS, the Board of Supervisors continued the public hearing on December 9, 2015; 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 20.00 acres of land from the RA (Rural Areas) District to the M2 (Industrial General) District
with proffers. The conditions voluntarily proffered in writing by the applicant and the property owner
are attached.
PDRes #46-15
N
-2 -
This ordinance shall be in effect on the date of adoption.
Passed this 0th day of Decemher� ?015 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. Aye
Blaine P. Dunn Aye
A COPY ATTEST
Brenda G. Garton
Frederick County Administrator
v imOtNIA: Ft,,--D[RICK COUNTY.SC-1.
This ins'Jtrument of writing was produced to me on
at
and with certihcate ackeowled.gement thereto annexed
was admitted to record. Tax unposed by Sec. 58.1-802 of
$-46-1
_ 6, and 58.1-80t have been paid, if assessable.
, Clerk
PDRes #46-15
BOS Res. #044-15
CD
CD
15()6i� 7
Rezoning: RZ # 07-15
NOV 2 U 2015
Property: Area: 20.000 acres
r Tax Parcel 34 -(A) -6D
Record Owner: Woodside Land Company, LLC
Project Name: _ Woodside Land Company
Original Date of Proffers: June 22, 2015
Revised Date of Proffers: August 26, 2015
November 9, 2015
November 20, 2015
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 owner hereby offer the following proffers that in the
event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning
Application #07-15 for rezoning of 20.000 -acres from the RA (Rural Areas) Districts to
M-2 (Industrial General) 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 owner 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 owner and their legal successors, heirs, or assigns.
The Properties are more particularly described as the lands conveyed to Woodside
Land Company, LLC, from John H. Light, as recorded in the Frederick County Circuit
Court Clerk's Office as instrument # 120009190 dated August 16, 2012.
Proffers:
1. Transportation
a. The site shall be accessed via a single entrance onto Route 669 as shown on
the Generalized Development Plan (GDP) to be made part of this proffer as
Exhibit A. Furthermore, the total building floor area shall not exceed 102,500
square feet, per the Transportation Impact Analysis by Stowe Engineering.
11
CD
CD
G
CD
CD
b. The owner hereby proffers a cash contribution to Frederick County, for rQ
Transportation Improvements, of rate of $0.75 per building square foot, to be
paid with application for building permits. The term "building square foot"
shall be the combined floor area for each story. This rate shall increase by
$0.05 on January 1, 2017, and then increase an additional $0.05 annually
thereafter.
c. The owner hereby proffers to dedicate right of way totaling 0.822 acres, as
shown on the GDP, to the County of Frederick within 60 days of Rezoning
Approval.
d. The owners hereby proffer to enter into a signalization agreement with
VDOT for a traffic light at the intersection of Martinsburg Pike (Route 11)
and Woodside Road (Route 838) prior to the approval of the first site plan.
2. Fire & Rescue
a. The owner hereby proffers a cash contribution to Frederick County for Fire
and Rescue purposes, 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. Frederick County Sanitation Authority
4. Uses
a. The owner hereby proffers a 100'x100' easement as shown on the GDP for a
production well for public use. This easement shall expire on December 31,
2018, if the well is not viable as determined by the Frederick County
Sanitation Authority.
The owner hereby voluntarily prohibits the following uses
a. SIC 58 — Restaurants
b. The following uses under SIC 7699541
i. Cesspool Cleaning Service
ii. Septic Tank Cleaning Service
iii. Sewer Cleaning Service
c. SIC 29 — Petroleum refining and related industries
d. SIC 348 — Ordinance and Accessories
e. SIC 598 — Fuel Dealers
f. SIC 242 — Sawmills and Planing Mills
g. Junkyards, Automobile Graveyards, and Recycling Operations
h. Manufacturing or Wholesaling of Explosives
i. Incinerators
j. Concrete and Asphalt Plants
2
The conditions proffered above shall be binding upon heirs, executors,
administrators, assigns, and successors in the interest of the owner 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:
f
By:
_lodn H. Light, managers Da e
Woodside Land Company, LLC
Commonwealth of Virginia,
City/County of.To Wit:
The foregoing instrument was acknowledged before me this`day of November, 2015
BY
Notary Public Registration Number
My Commission Expires
KANDICE RENEE KESNER
NOTARY PUBLIC I
COMMONWEALTH OF VMIN A
MY COMMISSION EXPIRES JULY 31, 2014
COMMISSION • 7844037
--ca
XD
X:sJ
34 -(A) -5A
GEORGE M. SEMPELES
p�
�
DB 684, PG 730
ZONED: RA
Q� Qy�� P
Qi p0 Q�
USE: AGR
125.4 ACRES
z
34 -(A) -6D
i
WOODSIDE LAND COMPANY, LLC.
v N C) I
EX. ZONED. RA
p v
PR. ZONED: M-1
-ROUTE
669
WOODBINE ROAD
(2000'
R. 0. W. DEDICATION)
RT. 11
Z ko O
CROSS -HATCHED AREA
DENOTES ADDITIONAL
RIGHT OF WA Y TO BE
DEDICATED TO THE
COUNTY OF FREDERICK
CONTAINING 0.822 ACRES
200' 0' 200'
GRAPHIC SCALE
I34 -(A) -5C
GEORGE M. SEMPELES
DB 746, PG 193
ZONED: RA
I USE: AGR
127.9 ACRES
i
i
I
HATCHED AREA DENOTES
A PROPOSED 100'x 100'
WELL EASEMENT FOR THE
FREDERICK COUNTY
SANITATION AUTHORITY
PER PROFFER #3.
I
i
i
GENERALIZED DEVELOPMENT PLAN
GreyWOlfe, Inc. FOR THE REZONING OF THE LANDS OF
Lan
j YY
d WOODSIDE LAND
Surveying and Consulting COMPANY, LLC
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
FILE NO: 0237 DATE: NOV. 3, 2015 1 SCALE: 1 " = 200'
34 -(A) -6B
WOODSIDE LAND
COMPANY, LLC
120009190
ZONED: RA
USE: AGR
163.139 AC
1073 Redbud Road
Winchester, VA 22603
GreyWolfelnc@aol.com
540-667-2001 OFC
540-545-4001 FAX
SHEET 1 OF 1
Q � Z
z
34 -(A) -6D
w
WOODSIDE LAND COMPANY, LLC.
v N C) I
EX. ZONED. RA
p v
PR. ZONED: M-1
20.000 ACRES
Q z
(19.178 REMAINING AFTER
Woo
R. 0. W. DEDICATION)
Z ko O
200' 0' 200'
GRAPHIC SCALE
I34 -(A) -5C
GEORGE M. SEMPELES
DB 746, PG 193
ZONED: RA
I USE: AGR
127.9 ACRES
i
i
I
HATCHED AREA DENOTES
A PROPOSED 100'x 100'
WELL EASEMENT FOR THE
FREDERICK COUNTY
SANITATION AUTHORITY
PER PROFFER #3.
I
i
i
GENERALIZED DEVELOPMENT PLAN
GreyWOlfe, Inc. FOR THE REZONING OF THE LANDS OF
Lan
j YY
d WOODSIDE LAND
Surveying and Consulting COMPANY, LLC
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
FILE NO: 0237 DATE: NOV. 3, 2015 1 SCALE: 1 " = 200'
34 -(A) -6B
WOODSIDE LAND
COMPANY, LLC
120009190
ZONED: RA
USE: AGR
163.139 AC
1073 Redbud Road
Winchester, VA 22603
GreyWolfelnc@aol.com
540-667-2001 OFC
540-545-4001 FAX
SHEET 1 OF 1