86A179C_BerlinSteelG�7
ORDINANCE
Action:
PLANNING COMMISSION: October 16, 2019 Public Hearing Held; Tabled for 60 days
December 18, 2019 Public Meeting Held, Recommended Approval
BOARD OF SUPERVISORS: January 22, 2020 Adopted
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #03-19 BERLIN STEEL REAL ESTATE, INC.
WHEREAS, REZONING #03-19 Berlin Steel Real Estate, Inc., submitted by Painter -Lewis, P.L.C. to rezone
15.3933+/- acres from the RA (Rural Areas) District to the M 1 (Light Industrial) District with proffers, with a final
revision date of November 18, 2019. The subject property is located at 280 Ridings Lane which intersects with Route
277, in the Opequon Magisterial District, and are identified by Property Identification Numbers 86-A-1 79C and 87-A-
12; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 16, 2019 and tabled the
rezoning for sixty (60) days; and
WHEREAS, the Planning Commission held a public meeting on this rezoning on December 18, 2019 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 22, 2020; 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 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 rezone 15.3933+/- acres from the RA (Rural Areas) District to
the M1 (Light Industrial) District with proffers, with a final revision date of November 18, 2019. The conditions
voluntarily proffered in writing by the Applicant and the Property Owner are attached.
This ordinance shall be in effect on the date of adoption. Passed this 22nd day of January 2020 by the following
recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye A COPY ATTEST
Kris Bei e
Frederick Cou y Administrator
BOS Res. #047-20
VIRGINIA: FREDERICK COUNTY.SCT.
This instrument of writing was produced to me on
at , Z-�
and with certificate acknowledgement t ereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
$ rl , and 58.1-801 have been paid, if assessable.
Clerk
PROFFER STATEMENT
Dennis and Beverly Ridings
260 Ridings Lane
White Post, VA 22663
Property: 17.09 acres
PARCEL ID: 86 -A -179C
Berlin Steel Real Estate, Inc.
201 Ridings Lane
White Post, VA 22663
Original Rezoning #: 02-01
Property: 23.34 acres
PARCEL ID: 87-A-12
Opequon Magisterial District
November 18, 2019
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: 1902002
PROFFER STATEMENT
PARCEL ID 87 ((A)) 12 & 86 -A -179C
INTRODUCTION
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned owners proffer that in the event that the Board of Supervisors of Frederick
County shall approve Rezoning Application # 0 5- 19 for the rezoning of 5.3933
acres on Parcel #87-A-12 and 10 acres on Parcel #86 -A -179C from RA to M1,
development of this particular 15.3933 acres along with the existing 17.9467 acres
currently zoned M1 will be in conformity with the terms and conditions set forth in this
document and with the attached "GENERALIZED DEVELOPMENT PLAN". See the
attached "AREAS TO BE REZONED METES & BOUNDS MAP" for an illustration of the
areas to be rezoned. These terms and conditions may be subsequently amended or
revised by the owners of the properties with permission from the Frederick County
Board of Supervisors in accordance with Frederick County codes. These proffers shall
be binding on the property owners and their legal successors or assigns.
PROFFERS
1. The land and any improvements thereto will be expressly used for a metal
fabrication business as permitted under the M1 zoning.
2. Prior to approval of the next Site Plan for any facility or structure on these subject
lands, the owner will conduct a traffic count on Route 277 to determine the need
for any turn lanes from Route 277 into the site via Ridings Lane. The method
used to conduct the traffic count and the design of any resultant improvements to
Route 277 will be subject to VDOT approval.
3. As shown on the Generalized Development Plan, a 1 00'wide strip of land will be
reserved on the subject lands for future road network improvements. No
permanent buildings will be erected within this area.
Monetary Contribution to Frederick County Service Organizations
The owners of Parcel #87-A-12 and Parcel #86 -A -179C will donate or will cause to be
donated to the Frederick County the sum of $1,000.00 for impacts to fire and rescue
services. This sum will be paid upon the approval of the next site plan for any expansion
of the operations of any facility or structure onto these subject lands.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns and successors in the interest of the owners. In the event that the Frederick
Country 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.
PROFFER STATEMENT
PARCEL ID 87 ((A)) 12 & 86 -A -179C
CJ
Submitted By:
Mr. Dennis Ridings
Z_ W,/,
Dennis Ridings
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this day of
_Dock?o--t c3r�z Z,,-;>�M by Dennis Ridings.
1 000001//1 ^/11'x,
My commission expires on �'' a 1 zc� eNR pz my
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,/11/1111100004
Submitted By:
Mrs. Beverley Ridings
Beverley Ridings
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit -
The foregoing instrument was acknowledged before me this day of
i2z,Aam, 5�2 &4by Dennis Ridings.
My commission expires on
v O
04
MY n.
e-eMMISSION
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7515853
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PROFFER STATEMENT
PARCEL ID 87 ((A)) 12 & 86 -A -179C
Submitted By:
Berlin Steel Real Estate, Inc.\ I All // I/ v 01
Signature
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Title
Date: ID " V1 —I
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this day of
0t by
My commission expires on b'/ J—j Ll
Notary P
E
Nemergut Simeone
Public -Connecticut
ommission Expires
ebruary 29, 2024
300/ 0 300
Scale in Feet
�C
�ry
10.00 AC S —
__ ZONED. RA
RIDENTIAL
3S O of
lt
�o• __ 5.3933 ACRES_
J 86—A -179C ZONED: RA
USE: VACANT ^�
7.094CRES "'
\\ZONED: RA
\USE: RESIDENTIAX `33•
\\A
\N32'411'54"E
ry%K 101.34'
PAINTER -LE ISP.L.C. PROJECT: NARVEY: 20
VV
RIDINGS PROPERTY
817 cedar Creek Grade, Suite 120 DRAWN BY: JOB NO.:BERLIN STEEL PROPERTY
Winchester, Virginia 22601 P-� 1902002
FREDERICK COUNTY, VA. SCALE: DATE:
Telephone (540)662-5792 AREAS TO BE REZONED SHOWN 4/11/19
CONSULTING Facsimile (540)662-5793 METES & BOUNDS MAP SHEET:
ENGINEERS Email office®painterlewis.com Oern,vNn EXHIBIT 1B
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0
8O9
86—A -179C
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\� 300 0 300
/ Scale in Feet
0
87—A-12 \
100' "NO PERMANENT BUILDING"
RESERVATION AREA FOR FUTURE
ROAD NETWORK IMPROVEMENTS
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15.51' �9F'
N32'41 '54"E
101.34'
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PAINTER-LEWIS, P.L.C. PROJECT: RIDINGS PROPERTY NARY NIA
817 Cedar Creek Grade, Suite 120 BERLIN STEEL PROPERTY DRAWN BY: JOB NO.:
Winchester, Virginia 22601
e FREDERICK COUNTY, VA. P -L 1902002
CALE:
p ( ) GENERALIZED DEVELOPMENT PLAN SHOWN DATE:
Telephone 540 662-5792
CONSULTING Facsimile (540)662-5793 SHOWN io/27/i9
SHEET:
ENGINEERS Email office®painterlewis.com GDP