5477A_RCSInvestmentLLCORDINANCE
Action:
PLANNING COMMISSION: .lune 3, 2020 Public Hearing Held, Recommended Approval
BOARD OF SUPERVISORS: July 8, 2020 Approved
ORDINANCE
REZONING #01-20
RCS INVESTMENTS, LLC
WHEREAS, REZONING #01-20 RCS INVESTMENTS, LLC., was submitted by Greenway Engineering,
Inc., to rezone 12.61+/- acres from the M1 (Light Industrial) District to the M2 (Industrial General) District
with proffers with a final revision date March 16, 2020. The subject property is located at 220 Imboden Drive
(Route 1327) at the terminus of the cul-de-sac. The property is located in the Stonewall Magisterial District and
is identified by Property Identification Number 54-7-7A; and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on June 3,
2020 and recommended approval of this Rezoning; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during
their regular meeting on July 8, 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 12.61+/- acres from the M1 (Light
Industrial) District to the M2 (Industrial General) District with proffers dated March 16, 2020. 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 81" day of July 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 ATT T
Kris C. ierne
Frederick Coun imistator
PDRes #21-20
BOS Res. #002-20
Greenway Engineering
March 16, 2020
RCS INVESTMENTS, LLC REZONING
TAX PARCEL 54-7-7A
PROFFER STATEMENT
Tax Parcel 54-7-7A
REZONING: RZ#
M-1, Light Industrial District to M-2, Industrial General District
PROPERTY: Tax Parcel 54-7-7A (here -in after the "Property")
MAGISTERIAL
DISTRICT: Stonewall Magisterial District
RECORD OWNER: RCS Investments, LLC
APPLICANT: RCS Investments, LLC (here -in after "Owner")
PROJECT NAME: RCS Investments, LLC Rezoning
ORIGINAL DATE
OF PROFFERS: March 16, 2020
REVISION DATE: TBD
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 # 10 LTO for the rezoning of a 12.61± Property
from the M-1, Light Industrial District to the M-2, Industrial General District with proffers,
development of the 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 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 legal successors, heirs, or assigns.
The Property is identified as Tax Map Parcel 54-7-7A, owned by RCS Investments, LLC recorded
as Instrument No. 200002798 and is further identified by the attached Boundary Line Adjustment
Plat prepared by GreyWolfe, Inc., dated November 19, 2019 that is included as part of the Proffer
Statement.
File# 2131 R
Greenway Engineering March 16, 2020 Tax Parcel 54-7-7A
PROFFER STATEMENT
A) Land Use and Property Development
1. The Owner proffers to limit the land uses on the Property to the following:
➢ All uses allowed in the M-1 Light Industrial District
➢ Recycling Operations (No SIC Code)
2. The Owner proffers to prohibit the outdoor storage of materials utilized in Recycling
Operations on the Property.
3. The Owner proffers to prohibit waste transfer stations in conjunction with Recycling
Operations on the Property.
B) Monetary Contributions
The owner proffers to provide a monetary contribution of $0.10 per developed building square
foot for County Fire and Rescue services. The monetary contribution shall be made payable
to Frederick County at the time of issuance of the certificate of occupancy permit for new
structural development on the Property.
OWNER SIGNATURE ON FOLLOWING PAGE
File# 2131 R 2
Greenway Engineering March 16, 2020 Tax Parcel 54-7-7A
Owner Signature
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Owner. In the event the Frederick County
Rnnrrl of .Ciineryicnrc Rrantc t is rennin r o d t� tha
r b• h s L<n CieeepLJ Lug �vnuiLivuJ, uit prvii� 1i u
conditions shall apply to the land rezoned iii addition to other requirements set forth in the
Frederick County Code.
Respectfully Submitted:
RCS Investments, LLC if J Date
Ross Grant Hewitt, Managing Manager
Commonwealth of Virginia,
City/Couy of �l`,°dP c1 C To Wit:
The foregoing instrument was acknowledged before me this day of AJP 1
20o0 by \ C9alf1:�Vv-em
f\�o k �G My Commission Expires
Notary Public _
DEANNA D ALEXANDER
NOTARY PUBLIC
REG. #7135427
< COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES SEPT. 30, 2020
By:
RV Investments, LLC Date
Ann Hewitt, Managing Manager
Commonwealth of Virginia,
City/Cou y of ��'-ede-d'1 C \ To Wit:
The foregoing instrument was acknowledged before me this11 i ) day of Vr
20RD by--DA-le '�I In trtc Wl
It Cl tA rLIM AtA- My Commission Expires -Je 401, X ARD
Notary Public
DEA NNA D ALEXANDER
NOTARY PUBLIC
REG. #7135427
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES SEPT. 2L2020
File#2I31R,_�
O FORT COLLIER
INDUSTRIAL PARK
l' C m.
C"
Q a
E� m
m REGENCY
LAKES
CITY OF
WINCHESTER p
SITE VICINITY MAP
n inn nn/�l 1---. 2000'
FINAL PLAT OF
A BOUNDARY LINE ADJUSTMENT OF
LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
NOVEMBER 19, 2019
OWNER S CERTIFICATE
THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT & EASEMENT DEDICATION SURVEY OF THE LANDS OF
RCS INVESTMENTS, LLC, AND SHERRY L. SANTMYER, AS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE
CONSENT OFAND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND
TRUSTEES, IF Y. I
L _
SI U INVfSTMENfS LLC, MANAGER a&&j SIGNATURE- SHERRY L. S NTMYER
COMMONWEALT/f OF VIRGINIA
CITY/COUNTY OFJ��TO WIT. THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED
BEFORE ME THIS /" DAY OF& -Cc M qe � 20 1 q , BY.•
Jo Lit 141
PRINTED L/ OWNER SEAL
�'I0,5.�i llPu7 � '� lU1s DCMtA
PRINTED OWNER L�0`�1ANEOA ARELLq►lp
NorAavPusuc
COMI"�ONMEALrH OF VI(�pIN1A
MY COMMf8810N FJ(PIgE3 FEB. 28.2023
COMMISSION k 78gbQ5�
SIGNATURE NOTARY PUBLIC
PRINTED NOTARYPUBLIC
MY COMMISSIONEXPIRES�UA,3 REGISTRATIONNUMBER
J I
APPROVAL
7H OFL
VATE FREDERICK COUNTY SUBDIVISION ADMINISTRATOR
ES
N. 1518-B1073 Redbud Road
GreyWolfe, Inc. Winchester, VA 22603
Land Surveying and Consulting GreyWolfeInc@aol.com
540-667-2001 OFC
qN0 SUPN I 540-545-4001 FAX
DRAWN BY: GRO FILE NO: 0037 1 SHEET 1 OF 4
l
C
GENERAL NOTES
1. A TITLE REPORT HAS NOT BEEN FURNISHED, EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON
THIS PLAT.
2. THERE WAS NO READILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES.
3. BASIS OF MERIDIAN FROM THE PLAT OF RECORD AS INSTRUMENT 020008075.
4. THE BOUNDARY INFORMATION WAS COMPILED FROM SURVEYS OF RECORD IN DEED BOOK 599 AT PAGE 599, DEED
BOOK 908 AT PAGE 864, AND AS INSTRUMENT 020008075. AFIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC.
IN NOVEMBER 2019 TO VERIFY 7HE BOUNDARY INFORMATION ON THE PLATS.
CURVE TABLE
CURVE
RADIUS
ARC LENGTH
DELTA ANGLE
CHORD LENGTH
CHORD BEARING
CI
300.00'
36.16'
6°54 24"
36.14'
S 73°18'25" E
C2
50.00'
39.69'
45°2853"
38.66'
N8002957"E
C3
50.00'
164.87'
188°55'43"
99.70'
N 3604221 " W
C4
15.00'
29.91'
68°33 30"
28.16'
S 83°0632" W
ABBREVIATIONS LEGEND
ABBREVIATIONS LEGEND
BRL = BUILDING RESTRICTION LINE O = PROPERTY CORNER FOUND
DB = DEED BOOK
FCSA = FREDERICK COUNTY SANITA TION AUTHORITY
IPF = IRON PIPE FOUND B = 5/g "
IRF = IRON ROD FOUND IRON ROD SET UNLESS
PG = PAGE OTHERWISE STATED
R.D.W. = RIGHT OF WAY
VDH = VIRGINIA DEPT. OF HIGHWAYS
CONCRETE MONUMENT
AREA TABULATION
TAX PARCEL OWNER REFERENCE AREA ADJUSTED AREA
54-(7)-6A SHERRY L. SANTMYER 170009594 8. D15 ACRES 5.218 ACRES
54-(7)-7A RCS INVESTMENTS, LLC 180003619 9.816 ACRES 12.613 ACRES
17.831 ACRES 17.831 ACRES
SURVEYOR'S CER 7YFICATE
1 HEREBY CERTIFY THE PARCELS CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT SURVEY ARE
THE LANDS CONVEYED TO RCS INVESTMENTS, LLC, FROM LARRY R. SCHROCK & DOROTHY A.
SCHROCK BY DEED DATED APRIL 18, 2018, AS INSTRUMENT 18DO03619; AND TO SHERRY L.
SANTMYER FROM WAYNE L. EPLING, JR, BY DEED DATED SEPTEMBER 8, 2017, AS INSTRUMENT
170009594, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE.
Ca
GA YR. OATES, LAND SURVEYOR
FINAL PLAT OF
e
A BOUNDARY LINE ADJUSTMENT OF
LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTYVIRGINIA
1073 Redbud Road
GreyWolfe9 Inc. Winchester, VA 22603
4 l Mand Surveying and Consulting GreyWolfeinc@aol.com
540-667-2001 OFC
540-545-4001 FAX
FILE NO: 0037 DATE: NOVEMBER 19, 2019 1 SCALE: N/A SHEET 2 OF 4
54-(A)-91 ` - --�(D ® 12 "IRf a
MOTHERSHIP PROPCO GSE VA, LLC P
180002469 s�pc
ZONED: MHI ^ p7AS-
USE: COMM / ` F' 793 C77)
136 �/2 "IRFI
SQUARE PEG PROPERTIES, LLC v
16DO03255
I
ZONED: MI
USE. COMM p /
t3 'k 54-(7)-7A I
RCS INVESTMENTS, LLC
180003619
/ ZONED: MI 1
/ USE: COMM
12.613 ACRES (ADJUSTED)
/ I
� I
f�BOp
2 "IRF %2 "IRF
RADIUS = 5623.58'
�C4� c'� �� LENGTH = 1304.37'
CURVE TABLE TANGENT =655.12'
C,7 C2 3 1 SHEET 2 CHORD = 1301.45'
MAGNA IL'S 1 &—&4
IPFj BEARING = S 02°18'42" 6
SET 9 \ /� DELTA =13°17'22"
54-(7)-58
F-75' BRL
MILL CREEK
Winchester, VA 22603
INVESTMENTS, LLC
\ gyp\
160003255
540-667-2001 OFC
ZONED: MI
a
USE: COMM
`^
13
54-(7)-6A
h
1
W
N
0
i
ti
z
3/q " IPF
'
F-75' BRL
` t� _
Winchester, VA 22603
Land Surveying and Consulting
\ gyp\
540-667-2001 OFC
I \ \
,
I
I
54-(7)-6A
1 m SHERRYL. SANTMYER
1
170009594
I ^� ZONED: M1
USE: COMM
i
5.218 ACRES (ADJUSTED)
I
mt
ry if
�
It
\
\
I?
41 \S4p,
54L -((2))-(1)-284A
HUNTINGTON
MEADOWS
HOMEOWNERS ASSOC.
D8 754, PG 626
ZONED: RP
USE GREEN SPACE
118 ACRES
150' 0' 150'
rA W —i Merl
GRAPHIC SCALE
P�TFI OF7
�
I
U�' UAIES
4N . 1518-B
FILE NO: 0037
11,61I�6A� J
9l'� OIVDH
I
FINAL PLAT OF
A BOUNDARY LINE ADJUSTMENT OF
LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK
STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
+� p± ,pp
Greyf®lfe, Inc.
1073 Redbud Road
` t� _
Winchester, VA 22603
Land Surveying and Consulting
GreyWolfeInc@aol.com
540-667-2001 OFC
540-545-4001 FAX
DATE: NOVEMBER 19, 2019 SCALE:
1 "= 150` 1 SHEET 3 OF 4
L
EX. 20' FCSA EASEMENT
FOR THE BENEFIT OF
LOT 6A
020008075
EASEMENT DA TA
EX. 20' DRAINAGE EASEMENT
DB 599, PG 597 i
i
'HATCHED AREA DENOTES
EX. 20' WASHINGTON GAS
EASEMENT
160006660
EX. 20' SANITARYSEWER
EASEMENT r
OB 463, PG 711
EX. 20' FCSA EASEMENT
DB 948, PG 975
EX. 20' DRAINAGE\� I
EASEMENT +
DB 599, PG 597
EX. 20' DRAINAGE &
UTILDY EASEMENT
020008075
EX, 20' DRAINAGE
EASEMENT
DB 599, PG 597
BEARING DISTANCE
N 64°0931'E
25.67'
N 12°4138" W
40.00'N
ME5
01°10'00" W
35.00'
N47°5701"E
25.00'
N 48°1141 " W
60.00'
150' 01 150'
GRAPHIC SCALE
BSG
C9TF0
20' SANITARY
NER EASEMENT
020008075
DDT SHADED AREA
DENOTES A STORM WATER
MANAGEMENT EASEMENT
`IEREBY DEDICATED FOR THE
BENEFIT OF
54-(7)-6A
40.0'
O VON
p
LU
LnLn
FINAL PLAT OF
^ate TH OF A BOUNDARY LINE ADJUSTMENT OF
N c�ti LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK
UR S
5 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
4N .N . 1518-B
1073 Redbud Road
GreyWolfe, Inc® Winchester, VA 22603
SU4t , GreyWolfelnc@aol.com
qNp v 5' Land Surveying and Consulting Y
540-667-2001 OFC
540-545-4001 FAX
FILE NO: 0037 DATE: NOVEMBER 19, 20.1 9SG` . N/A SHEET 4 OF 4
'mss
-77
L�
LU
LnLn
FINAL PLAT OF
^ate TH OF A BOUNDARY LINE ADJUSTMENT OF
N c�ti LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK
UR S
5 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
4N .N . 1518-B
1073 Redbud Road
GreyWolfe, Inc® Winchester, VA 22603
SU4t , GreyWolfelnc@aol.com
qNp v 5' Land Surveying and Consulting Y
540-667-2001 OFC
540-545-4001 FAX
FILE NO: 0037 DATE: NOVEMBER 19, 20.1 9SG` . N/A SHEET 4 OF 4
VIRGINIA: FREDERICK COUNTY.SCT.
This instrument of writing was produced to me on
aQ� at
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
$—A& and 58.1-801 have been paid, if assessable.
4L �z
, Clerk