The URL can be used to link to this page

Home My WebLink About03-19 Proffer StatementORDINANCE 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 I (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 Opeduon 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 M 1 (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 K;1'sV. e CoFrederick inistrator BOS Res. #047-20 PROFFER STATEMENT Dennis and Beverly Ridings 280 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@painteriewis.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 eveni That the Board of Supervisors of Frederick County shall approve Rezoning Application # 0 3_-1 i 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 100' 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 Submitted By: Mr. Dennis Ridings Dennis Ridings Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this DozA2(�-m ey_ Zo tMby Dennis Ridings. 1 p.'1110000,0 My commission expires on t3a `Z-P2a ublic Submitted By: Mrs. Beverley Ridings Beverley Ridings Date: %-�kf6 3Z_z F i STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: e° °a o.. F= GL s C n OMMIS.410 7515853 \� 0 day of The foregoing instrument was acknowledged before me this day of by Dennis Ridings. a" My commission expires on ��y Z�% o'N. C •��, 04 e M PUe`�S I ' ^ � SSION o N V NUMBER ® �> 7515853 ��FALTH•0 .•' PROFFER STATEMENT PARCEL ID 87 ((A)) 12 & 86 -A -179C Submitted By: Berlin Steel Real Estate, Inc. Signature Title �-` Date: ID ~ Zi -11, STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: e The foregoing instrument was acknowledged before me this day of LIU�06--' by My commission expires on Notary P Karen Nemergut Simeone Notary Public -Connecticut My Commission Expires February 29, 2024 > 300/ 0 300 Scale in Feet nry `39 10.00 AC S — __. ZONED- RA -_ ?� N-= FUSE: R IDENTIAL— JJ 86 -A-179C - / e 7.0914CRES \ZONED: RA / USE: RESIDENTIAX — pe X39 F 87-A-12 A 5.3933 ACRES S ZONED: RA / SA• USE: VACANT ^� N32'41'54"E 101.34' N. PAINTER—LEWIS, P.L.C.PROJECT: _SU_ 20 RIDINGS PROPERTY DRAWN BY: ' JOB NO.: 817 Cedar Creek Grade, Suite 120 BERLIN STEEL PROPERTY p -L 1902002 Winchester, Virginia 22so1 �- Telephone (540)662-5792 FREDERICK COUNTY, VA. SCALE: DATE: CONSULTING Facsimile (540)662-5793 AREAS TO BE REZONED ISHOWN 4/11/19METES &BOUNDS MAP SHEET: ENGINEERS Email office®painterlewis.com (k-ftonft N—o-vitt*EXHIBIT 1B \� 300/ 0 300 Scale in Feet O 87—A-12 \ / c- 100' "NO PERMANENT BUILDING" tis RESERVATION AREA FOR FUTURE ROAD NETWORK IMPROVEMENTS o � 86—A -179C SSsrA o^ x`399 „), 150.51 \ /oo E3�3 , \ r h`O N32'41 '54"E 101.34' PROJECT: SU RVE SURVEY- C.I.: P PAINTER-LEWIS, P.L.C. RIDINGS PROPERTY NA NA BY: JOB NO.: 1902002 F 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662-5792 CONSULTING (540)662-5793 ENGINEERS Email office®painterlewis.com BERLIN STEEL PROPERTY FREDERICK COUNTY, VA. GENERALIZED DEVELOPMENT PLANFacsimile LNA DATE: 10/27/1s GDP VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on e �V d0e—, at j 2.9 /a and with certificate acknowledgement t ereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of Nill— , and 58.1-801 have been paid, if assessable. Oee-eA Clerk