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Home My WebLink About01-12 Proffer StatementCO • O W — w AMENDMENT a W'A, Action: PLANNING COMMISSION: February 15, 2012 - Recommended Approval BOARD OF SUPERVISORS: March 14, 2012 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01 -12 OF SNOWDEN BRIDGE STATION WHEREAS, Rezoning #01 -12 of Snowden Bridge Station, submitted by GreyWolfe, Inc., to rezone 6.512 acres from RA (Rural Areas) District and 6.180 acres from RP (Residential Performance) District to M1 (Light Industrial) District, with proffers dated July 18, 2011, last revised on January 9, 2012, to accommodate industrial uses, was considered. The properties are located adjacent to CSX Railroad, 620 feet east of Route 11 on the north side of Snowden Bridge Boulevard, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44 -A -143, 44 -A -144, 43 -A -145, 43 -A -146 and 43 -A- 147. WHEREAS, the Planning Commission held a public hearing on this rezoning on February 15, 2012; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 14, 2012; 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 6 acres from RA (Rural Areas) District and 6.180 Acres from RP (Residential Performance), District to MI (Light Industrial) District, with proffers dated July 18, 2011, last revised on January 9, 2012, to accommodate industrial uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRES #09 -I2 CD co This ordinance shall be in effect on the date of adoption. Passed this 14th day of March, 2012 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Ross P. Spicer A y e Bill M. Ewing Aye Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye A COPY ATTEST John Re Ril y, Jr. Fredei� � County Administrator PDRES #09 -I2 viRGiN1A: FREDERICK COUNTY.SCF This instrument of writing was produced to me on at and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by See. 5&1 -802 of $ 1'� , and 58.1 -801 have been paid, if assessable. 4 &04 %O J ,Clerk CD CID A20002612 - Rezoning: RZ *l -12 Property: Area: 12.692 acres Tax Parcels 43 -(A) -143 43 -(A) -144 43 -(A) -145 43 -(A) -146 43 -(A) -147 Record Owners: K & J Investments, LC North Stephenson, Inc. Applicant: GreyWolfe, Inc. — Gary R. Oates, LS -B, PE Project Name: Snowden Bridge Station Original Date of Proffers: July 18, 2011 Revised Date Proffers: January 9, 2012 Magisterial District: Stonewall Pursuant to Section 15.2 -2296 Ft. 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 applicant hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #L -12 for rezoning of 6.512 acres from the RA (Rural Areas), and 6.180 acres from RP (Residential Performance) to M -1 (Industrial 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 applicant 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 applicant and their legal successors, heirs, or assigns. The subject properties, as recorded in the Frederick County Circuit Court Clerk's Office, are more particularly described as the lands conveyed to: North Stephenson, Inc. from Warren Ray Sales and Connie Jean Sales in Deed Book 751, Page 1431, dated October I0, 1990 — 143 -(A) -1431 K & J Investments, LC, from Florence Trenary #020007399 dated May 6, 2002, and Deed of Correction 9110007194 — 143 -(A) -144 and 43 -(A) -1461 0 0 • K & J Investments, LC, from William Buhl #080006163 dated May 20, 2008, and Deed of Correction #t 10007195 —143-(A)-1451 • North Stephenson, Inc. from H. Smith Dorsey and Winifred K. Dorsey in Deed Book 668, Page 229, dated December 23, 1987— 143 -(A) -1471 1. Transportation a. Ezra Lane i. The applicants proffer to construct Ezra Lane in the general location shown on the attached plat from Snowden Bridge Blvd to Nulton Lane. The road will be built to VDOT standards for public use as a two -lane urban road per the Comprehensive Plan. Access to the properties shall be limited to commercial entrances on the proposed Ezra Avenue. The final locations will be subject to VDOT review and approval once a site plan is submitted. This right of way and constructed road will be dedicated to the County of Frederick when it meets the Commonwealth's criteria for acceptance. b. Signalization i. The applicants hereby proffer to install the warranted signalization improvements at the intersection of Snowden Bridge Blvd and Ezra Lane, as specified by VDOT. The final design, location, and date of completion of the improvements will be determined by the Virginia Department of Transportation (VDOT). 2. Fire & Rescue — Monetary Contributions The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, 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. I 3. Water and Sewer The applicant proffers to construct water and sewer to along Ezra Lane and will provide an easement, needed, to allow the adjacent properties to connect. Cl) The conditions proffered above shall be binding upon heirs, executors, administrators. assigns, and successors in the interest of the applicant 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: I� By: --Q , J a c Keven Voyne Omps Date Manager, K & J Investments, LC �U' J: 1 id i z hn Ezra Omps V Oatc President, North Stephenson, Inc. Commonwealth of Virginia, City /County of To Wit: The foregoing instrument was acknowledged before me this B Vevev s 1 - 20 t01 2- "d - \a y of 249*1 Notary Pride My Commission Expires a a SCALE 1 "= 2000' METES AND BOUNDS DESCRIPTION The area describe herein denotes parcels to be rezoned from RA and RP to M -1 per the Frederick County Zoning Ordinance. This areas is comprised of Tax Parcels 43-(A) -144, 145, & 146 and portions of Tax Parcels 43 -(A)-143 and 147. This area fronts the western side of CSX Railroad in the Stonewall Magisterial District, Frederick County, Virginia, and is further described by metes and bounds as follows: Beginning at a 112" iron rod found on the southeast corner off Tax Parcel 43 -(A) -147 located on the CSX right of way; Thence with the boundary of 43 -(A) -147, N 51 W - 784.84' to a point on the boundary being the western side of the proposed right of way of the future road; Thence with the proposed right of way and through Tax Parcels 43 -(A -147 and 43 -(A) -143 for the following 2 courses; N 38 °38'40" E - 121.15'to a point; with a curve to the right, Radius= 780.00; arc = 510.97; d =37 °31'02 ", Chord =N 57 °14'41 "E - 501,88' to a paint in the line with Weber's Nursery; Thence with the boundary of Weber's Nursery 5 59 °14'17 "E - 887,94' to a 1 12" iron rod on the CSX right of way, Thence with CSX right of way for the following 4 courses, 5 59 W - 420.80'to a point, with a curve to the left, Radios= 2881.93; Arc = 43.32; N 30 °1953" W - 4.00'to a point; with a curve to the left, Radius= 2886.93; Arc = 298.95; A =00 °51139 ", Chord= 559 °04'00" W - 43,32' too point, a =05 0 55'59 ", Chord =5 55 °40'17" W- 298.82' to the point of beginning. Containing 12.692 acres. NOTES 1, A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN. 2, THERE WERE NO CEMETERIES OBSERVED ON THIS SITE 3 THIS IS NOT A BOUNDARY SURVEY. 4. CURRENT OWNER OF RECORD IS K & J INVESTMENTS, LC AND NORTH STEPHENSON, INC.. 5. THE TOTAL AREA OF 12.692 ACRES INCLUDES 0. 887ACRES TO BE DEDICATED FOR A PUBLIC ROAD. FINAL PLAT OF Opt, A PROPOSED REZONING ON THE LANDS OF EP LTH IR K & 11NVESTMENTS, LC and NORTH STEPHENSON, INC. O �', ` PARCELS 43 -(A) -144, .145, & 145 AND PORTIONS OF PARCELSPARCELS 43 -(A) -143 & 147 4� U �R � ��/�TES D STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road N 1518 I- ; ®® GreylMolfe, Inc Winchester, VA 22603 y O� qND �_1 ® GreyWolfelnc@aol.co r y �o Land Surveying and Con su lt ing m 540- 667 -2001 DEC SURUEy \� 540 -545 -4001 FAX ENO: 0260 DATE: JANUARY 6, 2012 SCALE: 1 " = 200' SHEET 1 OF 2 0 O CJl ROUTE 11 N 200' �' 200' A GRAPHICSCALE oi 43 -(A) -148 RATLIfF K&1 IN VESTMENT, I ZONED; RP ZONED: RP 1 t p038'40` - - 43 -(A) -142 K&I INVESTMENTS, LC 43 -(A) -143 E ` I ZONEDNORTH 43 A) 43 INC 1.15' - — - - ZONED: RP o .e0 , 1 a O E 17 ZFA LANE / C z j 1 t0.887ACRES TO BE DEDICATED FOR PUBLIC O RIGHT OF WAY m 2 11 1 p 1 4-T(A) -140 43 -(A)-151 MICHAEL WEBER NORTH STEPHENSON, INC. 1 43 -(A) -144 ZONED: RA ZONED: M -1 ' g 111 K&I INVESTMENTS, LC li ZONED ;RP A 43 -(A) -145 �- I 1 K&] INVESTMENTS, LC } I 43 -(AJ -147 ZONED: RP NORTH STEPHENSON, INC ZONED:RA 1 m i 1 � A W 1 A 1 1 1 1 43 -(A) -146 K&7 INVESTMENTS, LC OAD CSXRAILR+--�- -� °�O C3 ZONED: RP - - — - -A �N 30 °2953" W - 4.00' \ -- O Ss9 , 4ZO D02� GZ g0, GRAYSTONE ` \ INDUSTRIAL PARR GRAVSTONE ZONED: M -1 INDUSTRIAL PARK \ _ ZONED. M -1 \ FINAL PLAT OF RADIUS ARC DELTA BEARING CHORD DIRECTION iC.v� D PORTIONS OF PARCELSPARCELS 43 -(A) -143 & 147 C -1 780.00' 510.970' 37 °32'02" N57 °74'41 "E 501,882' CW 1073 Redhud Road Inc Winchester, VA 22603 C -2 2882.930 43.316' 00 °51'39" 559 °04'00 'W 43.315' C -CW 540- 667 -2001 OFC C -3 2886.930 298.952' OS °55'59" S55 °40'17 "W 298.818' C -CW FINAL PLAT OF �PCTH op A PROPOSED REZONING ON THE LANDS OF I�� K & J INVESTMENTS, LC and NORTH STEPHENSON, INC. o J r ♦ PARCELS 43 -(A) -144, 145 & 145 AND iC.v� D PORTIONS OF PARCELSPARCELS 43 -(A) -143 & 147 GARY R, OATES STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA NO.' 1518 - B G I2 1073 Redhud Road Inc Winchester, VA 22603 p 00 _GreyWolfe, Grey Wolfelnc@aol. Land Surveying and Consulting com SURV 540- 667 -2001 OFC 540 -545 -4001 FAX FILE NO: 0260 DATE: JANUARY 6, 2012 1 SCALE: 1 " = 200' SHEET 2 0 F 2 ROUTE Il 200' 0' 200' GRAPHIC SCALE in1 A � 43- -1 48 I RATLIEF K&7 IN T5, LC I - ZONED: RP y ZONED: RP 43 -() -142 K&I INVEST LC 43 -(A) -143 N38 °38'40 E ( _ZONED: RP_ NORTH STEPHENSON, INC 121.15„ , _ � ZONED: RP t0.887ACRES TO BE DEDICATED FOR PUBLIC _ RIGHT OF WAY GRAYSTONE INDIJ57RIAL PARK ZONED: M -1 43 -(A) -140 MICHAEL WEBER ZONED: RA i - zi GRAYSTONE \ INDUSTRIAL PARK ZONED: M -1 il m m ARC DELTA BEARING CHORD i i C-1 780.00' 510.970' 43 -(A) -151 N57 °2441 "E 501.882' CW , " NORTHSTSPHENSON, INC 00 °5139" I 559 °04'00 "W 43 -A)- ZONED: M -1 C -3 12886.9301298-0571 K&7IN</ESTME` 1 S 55 °40'17" W 198.818' C -CW 1 \ ZONED: RP i \ \ 43 &145 K&77Nt/E5TMENTS, 43- ( A ) 447 ZONED: RP NORTH STEPHEN50N, INC I ZONED: RA \ a 1 43- A K &IIM/EST E CSX RAILROAD �-� - O� -n• .. 1 ZOWOL GRAYSTONE INDIJ57RIAL PARK ZONED: M -1 43 -(A) -140 MICHAEL WEBER ZONED: RA i - zi GRAYSTONE \ INDUSTRIAL PARK ZONED: M -1 il RADIUS ARC DELTA BEARING CHORD DIRECTION C-1 780.00' 510.970' 37 °32'02" N57 °2441 "E 501.882' CW C -1 12882.93DI 43.316' 00 °5139" I 559 °04'00 "W 1 43.315' C -CW C -3 12886.9301298-0571 05 0 5559" 1 S 55 °40'17" W 198.818' C -CW GARY R. OATES No. 1518 -B FINAL PLAT OF A PROPOSED REZONING ON THE LANDS OF K & I INVESTMENTS, LC and NORTH STEPHENSON, INC. PARCELS 43 -(A) -144, 145, & 145 AND PORTIONS OF PARCELSPARCELS 43 -(A) -143 & 147 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY. VIRGINIA ;yWolfe, Inc. Surveying and Consulting 1073 Redbud Road Winchester, VA 22603 G(eyWo/felnc @aoL com 540 -667 -2001 OFC 540 -545 -4001 FAX s FILE NO: 0260 I DATE: JANUARY 6, 2012 I SCALE: 1 " = 200' 1 SHEET 2 OF 2 I + a IA • I �I �ml i z a • s� COMMONWEALTH OF VIRGIA � e iirci C_i,q! RR_Si PT FREDE`n'iCi; CI, ^ ",CUIT C.C1!Jk? DEED RECEIPT DATE: 03ii9 %1E TIME: 13:12:42 ACCOUNT: 4E'7ELR1E0D0E5i2 RECEIPT: 12000005 CASHIER: PAM REG: WE17 TYPE: OTHER PAYMENT- PULL PAYMENT INSTRUMENT : 120d02E12 BOOK: PAGE: RECORDED: C /12 AT i3:12 SEANTGR: L i K INVESTMENTS IC EY: N L OC: ;1 SRANTEE: ''REYWOLFE INC EX: N PET; Ic0 AND ADDRESS — RECEIVED OF ROD WILLIAMS i FRED. COUNTY CASH: $21.O0 DESCRIPTION 1: ST DI r75I !431) PAGES; g nP 11 e: PARCELS OF LAND NAMES: 0 CONSIDERATION: OO A1VAL: 00 MAP: MiGC PIN: ',Oi DEEDS 14.50 145 VSLF I.50 106 TECHNOLOEY TRET FND S. OiJ TENDERED 21.00 AMOUNT PAID: 21:00 GRANDE AMT CLERK OF COURT: REBECCA P. HOSAN i1 0 I i • oG18 U5o)