047-19 (RezoningCarpersValleyIndustrialPark)REZONING APPLICATION #03-18
CARPERS VALLEY INDUSTRIAL PARK
Staff Report for the Board of Supervisors
Prepared: March 4, 2019
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
John Bishop, AICP, Assistant Director Transportation
Reviewed Action
Planning Commission:
11/07/18 Public Hearing Held; Recommended
Approval
Board of Supervisors;
12/12/18 Postponed
Board of Supervisors:
01/23/19 Public Hearing Held; Postponed Action
Board of Supervisors:
03/13/19 Action Item
PROPOSAL:
To rezone 122.18+/- acres from the R4 (Residential Planned Community) District to the
M1 (Light Industrial) District with proffers.
LOCATION:
The subject properties are located approximately one mile east of I-81 on the south side
of Millwood Pike (Route 50), proceed right on Prince Frederick Drive (Route 781) then left on
Coverstone Drive.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/13/19 BOARD OF
SUPERVISORS MEETING:
Staff Note: This rezoning application is consistent with the application postponed on December 12,
2018; no changes have been made to the application.
This is an application to rezone a total of 122.18+/- acres from the R4 (Residential Planned
Community) District to the M1 (Light Industrial) District with proffers. The subject property is part of
the original Carpers Valley/Governors Hill Rezoning which was approved in 2005 (revised in 2009,
2013 and 2014). Rezoning #11-05 provided for 143 acres of commercial uses and 550 residential units
on six parcels of land (Land Bay 1 Residential, Land Bay 2 Commercial).
The site is located within the limits of the Senseny/Eastern Frederick Urban Area Plan of the 2035
Comprehensive Plan and depicts the subject properties with a commercial land use designation. This
commercial land use designation is reflective of the commercial component of the approved mixed-use
project approved for this site. The requested M1 (Light Industrial) District is inconsistent with the
Comprehensive Plan.
Rezoning #03-18 seeks to sever two parcels (64-A-86 and 64-A-87) from the original approved
proffered rezoning and rezone them to the M1 District with a separate set of proffers.The primary
changes proposed with this rezoning include modifications to the overall transportation network
approved with the Governors Hill Rezoning. The approved rezoning provided for the completion of
Coverstone Drive from Prince Frederick Drive to its intersection with Millwood Pike (Route 50). This
pletion with Land Bay 2 (commercial)
and places this commitment solely on Land Bay 1 (residential).
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This rezoning has not provided for any coordination with the parties of Land Bay 1 and places a great
deal of the road construction responsibilities on Land Bay 1. With this proposed change, it also
removes the commercial square footage trigger for the completion of Coverstone Drive. Land Bay 2
consisted of the commercial area and Land Bay 1 the residential portion. The proposed change to
industrial would not trigger the completion of Coverstone Drive and Land Bay 1 does not have
commercial areas and would therefore also not trigger its completion.
Staff would note that the overall rezoning utilized the commercial tax revenue generated to offset the
impacts of the 550 residential units within the development. The monetary proffers for the residential
units are $2,637/unit which was $2,345 less per unit than the capital impact model in place at the time
of rezoning. The Applicant has not demonstrated that the proposed industrial square footage proposed
with this rezoning will adequately offset the impacts the residential units will place on the County. The
approved rezoning projected up to 1,285,000 SF of commercial building area. The proposed rezoning
allows up to 3,100 trips per day (TIA estimated at 1.2 million square feet of warehousing/industrial
uses). The total credit utilized to offset the residential units totals $1,289,750. It is unclear what the
proposed industrial use will offset as opposed to the currently approved commercial revenue.
The Planning Commission held a public hearing for this item on November 7, 2018; the Commission
ultimately recommended approval of this rezoning.
The Board of Supervisors postponed this item on December 12, 2018 and held the public hearing on
rd
January 23, 2019 and subsequently postponed the item again. Since the January 23 meeting the
applicant has added a proffer addressing buffering along Route 50 and a monetary proffer of $360,000
to be used to pay toward the road improvements in the public right-of-way on Route 50 to create an
intersection with Inverlee Way or
Coverstone Drive area.
Staff has outlined concerns that should be considered by the Board of Supervisors in their review of this
proposed rezoning. The proposed proffers associated with this proposed rezoning are as follows, Staff
comments are shown in bold italic:
Proffer StatementDated August 8, 2018, Revised October 12, 2018, November 20, 2018,
January 23, 2019, February 22, 2019:
1.LAND USE
1.1The Owner intends to develop the Property with a mix of light industrial uses as
allowed under the M-1 zoning district provided the maximum daily vehicle trips do
not exceed the Traffic Impact Study Revision I (as prepared by Pennoni July 2018)
of 3,100 vehicle trips per day (VPD). With each Site Plan, the owner will submit for
the property a trip generation estimate per the Institute of Transportation Engineers
ary of total trips
approved to date to ensure that estimates for the property do not exceed 3,100 VPD.
In order to gain Site Plan approval for any development that would result in more site
trips generated than a total of 3,100 VPD, the Owner shall prepare a new Traffic
Impact Analysis, identifying any transportation improvements required to mitigate the
Rezoning #03-18 Carpers Valley Industrial Park
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Page 3
increased trip volumes, and reach an agreement with Frederick County and the
Virginia Department of Transportation on improvements necessary to mitigate those
impacts.
Staff Note: This proposed rezoning removes the commercial square footage trigger for the
completion of Coverstone Drive. Land Bay 2 consisted of the commercial area
and Land Bay 1 the residential portion. The proposed change to industrial
would not trigger the completion of Coverstone Drive and Land Bay 1 does not
have commercial areas and would therefore also not trigger its completion.
Staff Note: This proffer would require the County and VDOT to reach an agreement with
the Owner regarding mitigation of future transportation impacts; there are no
provisions for what would happen if the parties are unable to reach an
agreement.
2.ARCHITECTURE AND SIGNAGE:
2.1All buildings on the Property shall be constructed using similar architectural styles and
building materials for a more uniform appearance. Site signage shall be uniform and
in compliance with the Frederick County ordinances.
Staff Note: This proffer removes the approved design modification package for the overall
development n and D. The
design modification package contained an overall streetscape design standards,
landscaping/screening/open space standards, architectural standards and an
architectural review board, height maximums, and street design standards.
This proposed rezoning would separate the proposed industrial area from the
residential design standards.
2.1The Owner agrees to install a screen buffer along the northern property line (along
Route 50) to include planting of deciduous and evergreen trees. Where possible, the
Owner shall retain existing vegetation and incorporate the same into the buffer in order
to create a natural look. Planting and retention of existing vegetation shall be at the
discretion of the Owner.
3.PEDESTRIAN TRAIL SYSTEM
3.1 The Owner shall design and build a public pedestrian-bicycle trail system to Virginia
Department of Transportation standards that links to the adjoining properties adjacent
Coverstone Drive. Said trails shall be in the location generally depicted on the GDP.
Sidewalks shall be constructed on public streets to Virginia Department of
Transportation standards. The combined pedestrian/bicycling trail shall be 10 feet wide
and shall have an asphalt surface.
4.WATER & SEWER:
4.1 The Owner shall be responsible for connecting the Property to public water and sewer.
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It shall further be responsible for constructing all facilities required for such connection
at the Property boundary. All water and sewer infrastructure shall be constructed in
accordance with the requirements of the Frederick Water.
Staff Note: This proffer is unnecessary as it is already required.
5.CULTURAL RESOURCES:
5.1The Owner shall conduct or cause to be conducted a Phase I Archeological Investigation
of the Property, prior to the approval of the first site or public improvement plan for the
property and shall complete Phase II and III investigations thereof as may be
demonstrated to be necessary by the Phase I study.
6.FIRE & RESCUE:
6.1The Applicant shall contribute to the Millwood Fire and Rescue Company in the sum of
$0.10 per building square foot floor area for fire and rescue purposes, payable prior the
issuance of the first occupancy permit for each building.
7.TRANSPORTATION:
7.1The Owner shall dedicate, design and construct Coverstone Drive, in the general
location shown on the GDP, with reasonable adjustments permitted for final
engineering, as a full -of-way, all in
accordance with Virginia Department of Transportation specifications, according to the
following phasing schedule:
PHASE 1: Phase 1 shall consist of a full four lane section including a ten-foot trail from
Point A at its terminus and end of existing right-of-way to Point B the
second proposed entrance as depicted on the GDP. Said roadway shall be
constructed to base asphalt prior to issuance of a certificate of occupancy for
any light industrial building up to 405,000 square feet or greater than 1,500
VPD on the Property.
Staff Note: The approved rezoning allowed for up to 300,000 SF of office land use
prior to the completion of Coverstone Drive from point A to B which is
the connection of Coverstone Drive to Route 50/Inverlee Way intersection
(base asphalt section). The approved proffer also required the
completion of all necessary improvements (including signalization of
Route 50/Inverlee Way if warranted). The proposed revision only
proposes a connection from the existing terminus of Coverstone to the
limits of the first proposed industrial intersection for up to 405,000 SF.
Due to the change in land use the trip generation will be lower, however
there will be additional tractor trailer trips.
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PHASE 2: Phase 2 shall consist of construction of a full four lane section of Coverstone
Drive, including a ten-foot pedestrian/bicycling trail from Point B, the
second proposed entrance, to Point C, the future intersection of Tazewell
Road, and the bonding or construction of Coverstone Drive as a four-lane
section from Point C to Point D as depicted on the GDP. Said roadway
improvements shall be completed prior to issuance of a certificate of
occupancy for any use that would cause the Property to exceed 405,000
square feet of light industrial building area or greater than 1,500 VDP. Final
top courses of asphalt for Coverstone Drive from Point A to Point C shall be
completed with the completion of Phase 2.
Staff Note: Phase 2 from the original rezoning completed the roadway for Coverstone
Drive from the segment completed with Phase 1 (Route 50 intersection) to
the completed section of Coverstone Drive (two lane section) prior to an
issuance of occupancy that caused the development to exceed 400,000 SF
of commercial area. This proposed rezoning removes this commitment
and constructs a portion from their proposed Phase 1 (existing
Coverstone to their first commercial entrance) to the Tazewell Drive
intersection and then constructs or bonds the roadway from that point to
ine. This proposed revision places
responsibility for completion of the construction of Coverstone Drive from
Millwood Pike/Inverlee to the shared property line (Point D) solely onto
the residential area.
Staff Note: Phase 3 from the original rezoning completed the full four lane section
of Coverstone Drive once the development exceeds 800,000 SF of
commercial area. This rezoning does not account for this improvement.
Staff Note: Phase 4 from the original rezoning proffered the design of Coverstone
Drive extended as a four-lane section from Prince Frederick Drive to the
proposed limits of the future Route 522 Realignment. In the event that
this alignment has not been determined by June 30, 2018, the Applicant
is proffered to pay $20,000 for transportation improvements. The
Applicant has not paid the $20,000 proffer and is therefore in violation of
Proffer 15 from the approved rezoning, however there is now a proffer of
$20,000 added as 7.8 below.
Staff Note: Proffer 15.3 from the approved rezoning requires the completion of
Coverstone Drive as a full four-lane section from Millwood Pike to Prince
Frederick Drive prior to November 1, 2025. The proposed rezoning
removes the commitment for the completion of Coverstone Drive and any
Inverlee intersection improvements.
Staff Note: Proffer 15.6 from the approved rezoning proffered $175,000 for
signalization or other road improvements at the intersection of Costello
Drive and Prince Frederick Drive within 60 days of written request by the
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Page 6
County and VDOT after the acceptance of Phase 2 Coverstone
Improvements (15.2). This proffer has been removed and would place this
requirement on the residential section (Land Bay 1).
7.2The Coverstone Drive public right-of-way shall be dedicated to Frederick County as
part of the Site Plan approval process, consistent with applicable Virginia law. Right-
of-Way dedication shall be provided to adjacent owners in Governors Hill or another
entity if the design, funding and construction Coverstone Drive occurs prior to Carpers
Valley Industrial Park executing the proffered improvements above.
7.3All public streets and roads shall be designed in accordance with the Virginia
Department of Transportation specifications, subject to review and approval by
Frederick County and Virginia Department of Transportation.
7.4 The design of off-site road improvements shall be in general conformance with the plan entitled
-Site Imp-3, as prepared by Pennoni Associates Inc., dated
October 2018. Off-site improvements shall be constructed in two (2) phases and correspond as
part of Phases 1 and 2 as defined in Proffer 7.2 above;
Staff Note: The approved rezoning proffered improvements (Phase A) that included
improvements at the intersection of Coverstone/Millwood/Inverlee. This
improvement is not accounted for in the proposed rezoning and would be
required by Land Bay 1 (residential).
Intersection 1: Road improvements as described -Site Improvements Exhibit
Sheet 1 of 3 Route 522 @ Costello Drive
Staff Note: This proffer amounts to a restriping to extend the left turn lane to
accommodate conditions that already exist and does not add any actual
capacity. The County has a pending SmartScale application to properly
address left turn capacity issues at this intersection, however approval is
not assured, and this issue should be analyzed more closely.
Intersection 2: Road improvements as describe-Site Improvements Exhibit
Sheet 2 of 3 Prince Frederick D
Phase 1.
Intersection 3: -Site Improvements Exhibit
Sheet 3 of 3 Route 50 ae completed in Phase 1.
7.5 Public right-of-way of Tazewell Road shall be dedicated to the property lines of the
adjacent parcel with the construction and dedication of the Coverstone Drive extension
Phase 2, to allow further construction of the future roadway by others.
Staff Note: While the Applicant has provided for the right-of-way to construct
Tazewell Road, all other commitments for Coverstone Drive would
Rezoning #03-18 Carpers Valley Industrial Park
March 4, 2019
Page 7
need to be completed by Phase 1 of the development prior to the
construction of any residential units.
7.6 The Owner shall dedicate an area of approximately 0.6 acres, for the purposes or
regional transportation improvements, all property of PIN# 64-A-87 south and west of
the Coverstone Drive and Prince Frederick Drive Intersection at the request of
Frederick County or the Virginia Department of Transportation.
7.7 The Owner shall make good faith efforts to obtain any off-site right of way needed to
complete any proffered off-site transportation improvements. In the event that the
Owner is not able to obtain the right of way and, further, the County and/or State of
Virginia do not obtain the necessary right of way in lieu of constructing the road
improvement, the Owner shall provide a monetary contribution to Frederick County that
is equivalent to the estimated construction cost of those road improvements that could
not be implemented. The construction cost estimate shall be subject to review and
approval by Virginia Department of Transportation. These monetary contributions may
be utilized by Frederick County for transportation improvements within the vicinity of
the subject property.
Staff Note: While a cash proffer in lieu of construction in a scenario where right-of-
way is not available could possibly be acceptable it should be noted that if
right-of-way is not available this could still leave the County with an
unacceptable traffic condition at the location where this occurred and no
realistic way to address it. It would also be appropriate for the Applicant
to analyze this issue more closely to determine where right-of-way may
actually be required as this is somewhat of a speculative proffer. It should
be determined now whether or not this is an issue and where it is an issue.
7.8 The Owner shall contribute $20,000 toward infrastructure improvements for
Coverstone Drive west of Prince Frederick Drive to connect to relocated Route 522,
payable prior to the first occupancy permit.
7.9 The Owner shall pay $360,000 to the County to be used to pay toward the road
improvements in the public right-of-way on Route 50 to create an intersection with
Inve
Coverstone Drive area. The Owner agrees to make said payment at the earlier of the
issuance of a certificate of occupancy for a building in the second phase of development
as is described herein or at the time that a road is constructed which intersects with
Route 50 at the location referenced herein.
Staff Note: While it is clear that the $360,000 is an additional proffer from previous
versions of this rezoning, the Applicant should provide additional clarity
regarding how the figure was arrived at.
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8. AIRPORT OPERATIONS:
8.1 The Owner shall consult with the Executive Director of the Winchester Regional
Airport with respect to the granting of a reasonable avigation easement to provide
further protection for airport operations, and shall dedicate such easement, as the
Airport and Owner shall mutually agree. Said avigation easement shall be dedicated
st
prior to issuance of the 1 occupancy permit for the property.
8.2 The Owner shall file an Obstruction Evaluation/Airport Airspace Analysis (OE/AAA)
in accordance with the Code of Virginia, Section 15.2-2294. The OE/AAA filing shall
occur a minimum of 45 days prior to the expected start of any site plan or public
improvement plan construction.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
Rezoning #03-18 Carpers Valley Industrial Park
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This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission:
11/07/18 Public Hearing Held; Recommended
Approval
Board of Supervisors:
12/12/18 Postponed
Board of Supervisors:
01/23/19 Public Hearing Held; Postponed Action
Board of Supervisors:
03/13/19 Action Item
PROPOSAL:
To rezone 122.18+/- acres from the R4 (Residential Planned Community) District to the
M1 (Light Industrial) District with proffers.
LOCATION:
The subject properties are located approximately one mile east of I-81 on the south side
of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive.
MAGISTERIAL DISTRICT:
Shawnee
PROPERTY ID NUMBERS:
64-A-86 and 64-A-87
PROPERTY ZONING
: R4 (Residential Planned Community) District
PRESENT USE:
Undeveloped/Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Single Family Residential
South: RA (Rural Areas) Use: Regional Airport
East: M1 (Light Industrial) Use: Industrial and Residential
MH1 (Mobile Home Community)
West: RA (Rural Areas) Use: Regional Airport and Office
B2 (General Business)
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REVIEW EVALUATIONS:
Virginia Dept. of Transportation:
Please see summary of VDOT review comments dated July 5,
2018.
Frederick County Department of Public Works:
We will perform a comprehensive review of the
site plan to ensure compliance with applicable County Codes. All Stormwater design shall comply with
State and County Code. All environmental permit requirements shall be complied with prior to site
plan approval.
Frederick County Fire Marshall:
Plan approved.
Frederick County Attorney:
Please see Mr. Roderick B. Williams County Attorney, comment letter
dated October 30, 2018.
Frederick Water:
Please see Mr. Eric Lawrence, Executive Director, letter dated August 27, 2018.
Winchester Regional Airport:
Please see Mr. Nick Sabo, A.A.E., Executive Director, letter dated
September 7, 2018.
Frederick-Winchester Service Authority:
No comments.
Planning & Zoning:
1)Site History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the
subject parcels as being zoned R1 (Residential Limited). The parcels were re-mapped from R1
ng initiative
(Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. Th
agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District
upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989.
The corresponding revision of the zoning map resulted in the re-mapping of the subject property
and all other A1 and A2 zoned land to the RA District. The subject properties were rezoned to
the R4 (Residential Planned Community) District is 2005 (revised in 2009, 2013 and 2014). A
Master Development Plan was approved for the property, the Governors Hill project, in 2009.
2)Comprehensive Plan
The 2035 Comprehensive Plan is the guide for the future growth of Frederick County.
The 2035 Comprehensive Plan is an official public document that serves as the Community's
guide for making decisions regarding development, preservation, public facilities and other key
components of Community life. The primary goal of this plan is to protect and improve the
living environment within Frederick County. It is in essence a composition of policies used to
Rezoning #03-18 Carpers Valley Industrial Park
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Page 11
plan for the future physical development of Frederick County.
The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation
tool and will be instrumental to the future planning efforts of the County.
Land Use
The 2035 Comprehensive Plan and the Senseny/Eastern Frederick Urban Area Plan provide
guidance on the future development of the property. The property is located within the SWSA.
The 2035 Comprehensive Plan identifies these properties with a B2/B3 land use designation
(commercial/transition uses). The requested M1 (Light Industrial) District is inconsistent with
the Comprehensive Plan.
The subject parcels are also located within the boundaries of the Airport Support Area that
surrounds the Winchester Regional Airport. This area comprises a zone of influence for airport
operations wherein new residential land use is discouraged due to the prevalence of aircraft
noise and the consequent potential for use incompatibilities. The development of business and
industrial land uses is supported within the Airport Support Area to minimize such use conflicts
and ensure the feasibility of future airport expansion.
Transportation and Site Access
The planned road network included in the Senseny/Eastern Frederick Urban Area Plan identifies
a major collector road system which provides for an east-west linkage (Coverstone Drive) which
connects to Route 50 East at Inverlee Drive. A portion of Coverstone Drive currently exits from
Prince Frederick Drive to the property boundary of the Frederick County Public Safety
Center. The connection from existing Coverstone Drive to Inverlee Drive offers an important
major collector for the approved development as well as significant residential development
north of Route 50. This connection offers an alternative to and relieves future congestion on
Route 50 between Prince Frederick Drive and I-81.
In addition, Coverstone Drive will connect with the future relocated Route 522 South once it is
connected to Prince Frederick Drive. In combination with the soon to be bid Crossover
Boulevard project from Airport Road into the City of Winchester, this important network
connection will allow significant traffic flow from the residential area and the approved
development to Route 522 South and the City of Winchester without traveling through the Exit
313 interchange area.
3) Potential Impacts
Development Coordination:
Rezoning #03-18 seeks to sever two parcels (64-A-86 and 64-A-87) from the original approved
proffer and rezone them to the M1 District with a separate set of proffers.The primary changes
proposed with this rezoning include modifications to the overall transportation network
approved with the Governors Hill Rezoning. The approved rezoning provided for the
completion of Coverstone Drive from Prince Frederick Drive to its intersection with Millwood
Pike (Route 50). This rezoning removes the commitment for Coverstone Dretion
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with Land Bay 2 (commercial) and places this commitment solely on Land Bay 1 (residential).
This rezoning has not provided for any coordination between the parties of Land Bay 1 and
places a great deal of the road construction responsibilities on other parties.
With this proposed change, it also removes the commercial square footage trigger for the
completion of Coverstone Drive. Land Bay 2 consisted of the commercial area and Land Bay 1
the residential portion. The proposed change to industrial would not trigger the completion of
Coverstone Drive and Land Bay 1 does not have commercial areas and would therefore also not
trigger its completion.
Residential Monetary Proffers:
Staff would note that the overall rezoning utilized the commercial tax revenue generated to
offset the impacts of the 550 residential units within the development. The monetary proffers
for the residential units are $2,637/unit which was $2,345 less per unit than the capital impact
model in place at the time of rezoning. The Applicant has not demonstrated that the proposed
industrial square footage proposed with this rezoning will adequately offset the impacts the
residential units will place on the County. The approved rezoning projected up to 1,285,000 SF
of commercial building area. The proposed rezoning allows up to 3,100 trips per day (TIA
estimated at 1.2 million square feet of warehousing/industrial uses). The total credit utilized to
offset the residential units totals $1,289,750. It is unclear what the proposed industrial use will
offset as opposed to the currently approved commercial revenue.
Transportation:
It is recognized that while the trip generation for the development is significantly reduced with
the change in land use, the truck portion of that trip generation slightly increases from
approximately 916 (based on 2%) to 1,010.
Of significant concern from a transportation perspective is the implementation of the
comprehensive planned road network which is proffered in the approved rezoning. The
approved rezoning provides a coordinated development that implements the connection to
Route 50 at Inverlee Drive from Coverstone Drive. The Appl
portion of that roadway but shifts the remainder to the other land bays and there is no evidence
that it is feasible for the remaining landbays to address this. The connection from Route 50 to
Coverstone and eventually Route 522 (and its ultimate relocation) is important to improving the
long-term traffic congestion on Route 50 from Prince Frederick Drive to I-81.
This proposal also shifts the cash proffers for future improvements or signalization at the
intersection of Prince Frederick and Costello to the other land bays. In addition, the proposed
improvements at Route 522 and Costello Drive do not improve level of service or add capacity.
Rezoning #03-18 Carpers Valley Industrial Park
March 4, 2019
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PLANNING COMMISSION SUMMARY AND ACTION FROM THE 11/07/18 MEETING:
Staff reported this is a request to rezone a total of 122.18+/- acres from the R4 (Residential Planned
Community) District to the M1 (Light Industrial) District with proffers and provided an overview of the
application.
A Commission Member commented and inquired, the future Route 522 is supposed to come in at
Prince Frederick Drive, how would they connect the traffic from Coverstone Drive to the new Route
522. Staff noted it would be a significant intersection or a round-about. The Commission Member
inquired if a cash proffer is accepted by the County could it only be used for the purpose of those
transportation improvements and if not approved would that cash go back to the developer. Staff noted
without more detailed language in the proffers that would be correct. The Commission Member shared
his concerns regarding tractor trailers having to make multiple turns to access major roadway and the
dangers of the bad angle of turning left from Prince Frederick Drive onto Route 50. Staff noted it
would be difficult to improve this intersection.
A Commission Member commented, on the original rezoning cash proffers there is one that reads; by
June 30, 2018 the right-of-way and design to be secured for Coverstone Drive to the new Route 522 is
supposed to be a $20,000 cash proffer and he inquired was this proffer paid. Staff explained that it had
not been paid and the relocation to Route 522 was adopted by the BOS in December 2017. The
Commission Member asked if that would be considered a zoning violation with the existing rezoning.
Staff explained, the responsibility for that proffer falls to all property owners associated with the
original rezoning; it is an outstanding proffer therefore it is a component of the zoning ordinance
specific to this property and it would need to be fulfilled before any development occurs on the
property. He noted, should this rezoning move forward, this property would not be responsible for that
proffered contribution, that would fall on the balance of the properties as a zoning violation and all of
the other commitments that remain would be the responsibility of the remaining property owners.
Mr. Alex Westra representing Hines Global Investment and Development presented a brief overview
of the company. He noted, although a very large company, Hines remains family oriented. Mr. Westra
commented the development will be a major benefit to the County.
Mr. Ron Mislowsky of Pennoni Associates spoke on behalf of the Applicant. Mr. Mislowsky gave an
overview of how this application came forward and the prior rezoning. Mr. Mislowsky shared
comments provided by County Agencies. Mr. Mislowsky believes the impacts associated with this
rezoning have been addressed. Mr. Mislowsky noted the Applicant is agreeable to the increase to
emergency services of $0.10 per SF and also not to exceed 3,100 trips per day.
A Commissioner Member shared his concerns with the safety issues regarding truck traffic turning left
from Prince Frederick Drive onto Route 50. A Commission Member inquired regarding the Airport
Support District and does that encompass all of the Land Bays. Mr. Mislowsky stated that it does;
Business and Industrial.
Mr. Paul Anderson the Vice-Chairman of the Regional Airport Authority spoke in support of this
application and wants to make sure the proffers are left in place.
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March 4, 2019
Page 14
Mr. Steve Aylor of Miller & Smith, the owners of parcels 64-A-83 and 64-A-83A requested this item be
postponed or denied.
Commission Members reiterated their concerns for this application: proffers too expensive for
residential; traffic safety; road development throughout.
A motion was made (Ambrogi), seconded (Dawson), and passed to recommend approval.
Yes: Mohn, Dawson, Triplett, Ambrogi, Thomas
No: Molden, Oates, Cline, Kenney
(Note: Commissioners Marston, Unger, Manuel were absent from the meeting.)
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
119132151139243DOOLIN
231
FAIRFIELD DR
1690
PEMBRIDGE DR
PURDUE DR
AVE
124
KINROSS DR
REZ # 03 - 18: Carpers Valley Industrial Park
105
105DARBY DR
105
SUMMERFIELD DR
1017SENSENY RD
CAHILLE DR
CAHILLE DR
YALE DR
ETNAM ST
217
MILLWOOD
112
102
108
102
FLANAGAN DR
PIKE
PRINCETON DR
PINs: 64 - A - 86, 64 - A - 87 218
YALE DR130
DONEGAL CT
ETNAM ST
113
112
STANLEY DR
1085
243
KINROSS DR
122
ETNAM ST
CAHILLE DR
Rezoning from R4 to M1
216
MILLWOOD
SUMMERFIELD DR
1026
PRINCETON DR
119
STANLEY DR
PIKE
111
MILLWOOD
136
106
1135
ETNAM ST
106
Zoning Map
1080
KILLANEY CT
PIKE
DARBY DR
STANLEY
MILLWOOD
203
124
PURDUE DR
MILLWOOD
CIR
PIKE
FLANAGAN DR
ETNAM ST
PIKE
116
130
1191
1090
1170
KILLANEY CT
201
DARBY DR
206
MILLWOOD
MILLWOOD
GREENWOOD RD
CUSTER
1237
120
STANLEY DR
PIKE
PIKE
126
156AVE
MILLWOOD
KILLANEY CT
125
205
DARBY DR
DELCO PLAZA
PIKE
KILLANEY CT
STANLEY DR
202
1160
GARBER
STANLEY DR
107104
202
MILLWOOD
147
BUSINESS CENTER KINROSS DRDUNER CT
198
CUSTER AVE
PIKE
RYCO LN
STANLEY DR
1230
206
Subdivision
MILLWOOD
CUSTER AVE
104
177
PIKE
WINSLOW CT
1288
RYCO LN
1393
100
MILLWOOD PIKE
179
MILLWOOD
DARBY DR
1302
RYCO LN
PIKE
1441
MILLWOOD PIKE
1515
250
MILLWOOD
MILLWOOD
1519
COSTELLO DR
PIKE
PIKE
MILLWOOD
231
252
PIKE
SULPHUR
COSTELLO DR
SPRING RD
1525
MILLWOOD
PIKE
1484
MILLWOOD
201
PIKE
PRINCE
REZ #03-18
64 A 87
FREDERICK
1514
185
PRINCE FREDERICK
MILLWOOD
SULPHUR
OFFICE PART
PIKE
1488
SPRING RD
REZ #03-18 143
MILLWOOD
Subdivision
SULPHUR
PIKE
SPRING RD
1600
64 A 87
£
¤
64 A 86
MILLWOOD 50
1080
112
PIKE
COVERSTONE DR
SULPHUR
SPRING RD
1761
MILLWOOD
PIKE
1813
MILLWOOD PIKE
277
1815
BUFFLICK RD
MILLWOOD
GOVERNORS HILL
PIKE
301
Subdivision
1652
BUFFLICK RD
1828
1835
MILLWOOD
MILLWOOD
MILLWOOD
317
PIKE
PIKE
PIKE
BUFFLICK RD
1830
MILLWOOD
367
324
PIKE
BUFFLICK RD
BUFFLICK RD
330
417
BUFFLICK RD
BUFFLICK RD
140
ARBOR CT
295
AIRPORT RD
WINCHESTER 182
ARBOR CT
REGIONAL AIRPORT
311
181
266
AIRPORT RD
Subdivision
220
PENDLETON DR
ARBOR CT
600
119
ARBOR CT
290
PEGASUS CT
ARBOR CT
441
220
AIRPORT RD
VICTORY RD
ARBOR CT
511
141
411
AIRPORT RD
MUSKOKA CT296
491
390
VICTORY RD
351
ARBOR CT
AIRPORT RD
AIRPORT RD
140
VICTORY RD
J I
INDEPENDENCE DR
321
C LTD.
ARBOR CT
Subdivision
§331
¨¦
368
81
VICTORY RD
VICTORY RD
220
287
ADMIRAL
338
Application£
¤344
VICTORY RD
50
BYRD DR
ARBOR CT
VICTORY RD
Parcels
287
320
VICTORY RD
Sewer and Water Service Area
380
VICTORY RD
212
ARBOR CT
296
B2 (General Business District)
INDEPENDENCE DR
VICTORY RD
580382
B3 (Industrial Transition District)
300
AIRPORT RDARBOR CT
211
ADMIRAL
M1 (Light Industrial District)
300
300
600
VICTORY RD
220
640
BYRD DR
ADMIRAL
ADMIRAL
M2 (Industrial General District)AIRPORT RD
VICTORY RD
µ
MH1 (Mobile Home Community District)
R4 (Residential Planned Community District)
RP (Residential Performance District)
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
05501,1002,200Feet
Map Created: October 18, 2018
119132151139243DOOLIN
231
FAIRFIELD DR
1690
PEMBRIDGE DR
PURDUE DR
AVE
124
KINROSS DR
REZ # 03 - 18: Carpers Valley Industrial Park
105
105DARBY DR
105
SUMMERFIELD DR
1017SENSENY RD
CAHILLE DR
CAHILLE DR
YALE DR
ETNAM ST
217
MILLWOOD
112
102
108
102
FLANAGAN DR
PIKE
PRINCETON DR
PINs: 64 - A - 86, 64 - A - 87 218
YALE DR130
DONEGAL CT
ETNAM ST
113
112
STANLEY DR
1085
243
KINROSS DR
122
ETNAM ST
CAHILLE DR
Rezoning from R4 to M1
216
MILLWOOD
SUMMERFIELD DR
1026
PRINCETON DR
119
STANLEY DR
PIKE
111
MILLWOOD
136
106
1135
ETNAM ST
106
Location Map
1080
KILLANEY CT
PIKE
DARBY DR
STANLEY
MILLWOOD
203
124
PURDUE DR
MILLWOOD
CIR
PIKE
FLANAGAN DR
ETNAM ST
PIKE
116
130
1191
1090
1170
KILLANEY CT
201
DARBY DR
206
MILLWOOD
MILLWOOD
GREENWOOD RD
CUSTER
1237
120
STANLEY DR
PIKE
PIKE
126
156AVE
MILLWOOD
KILLANEY CT
125
205
DARBY DR
DELCO PLAZA
PIKE
KILLANEY CT
STANLEY DR
202
1160
GARBER
STANLEY DR
107104
202
MILLWOOD
147
BUSINESS CENTER KINROSS DRDUNER CT
198
CUSTER AVE
PIKE
RYCO LN
STANLEY DR
1230
206
Subdivision
MILLWOOD
CUSTER AVE
104
177
PIKE
WINSLOW CT
1288
RYCO LN
1393
100
MILLWOOD PIKE
179
MILLWOOD
DARBY DR
1302
RYCO LN
PIKE
1441
MILLWOOD PIKE
1515
250
MILLWOOD
MILLWOOD
1519
COSTELLO DR
PIKE
PIKE
MILLWOOD
231
252
PIKE
SULPHUR
COSTELLO DR
SPRING RD
1525
MILLWOOD
PIKE
1484
MILLWOOD
201
PIKE
PRINCE
REZ #03-18
64 A 87
FREDERICK
1514
185
PRINCE FREDERICK
MILLWOOD
SULPHUR
OFFICE PART
PIKE
1488
SPRING RD
143
MILLWOOD
Subdivision REZ #03-18
SULPHUR
PIKE
SPRING RD
1600
64 A 87
£
¤
64 A 86
MILLWOOD 50
1080
112
PIKE
COVERSTONE DR
SULPHUR
SPRING RD
1761
MILLWOOD
PIKE
1813
MILLWOOD PIKE
277
1815
BUFFLICK RD
MILLWOOD
GOVERNORS HILL
PIKE
301
Subdivision
1652
BUFFLICK RD
1828
1835
MILLWOOD
MILLWOOD
MILLWOOD
317
PIKE
PIKE
PIKE
BUFFLICK RD
1830
MILLWOOD
367
324
PIKE
BUFFLICK RD
BUFFLICK RD
330
417
BUFFLICK RD
BUFFLICK RD
140
ARBOR CT
295
AIRPORT RD
WINCHESTER 182
ARBOR CT
REGIONAL AIRPORT
311
181
266
AIRPORT RD
Subdivision
220
PENDLETON DR
ARBOR CT
600
119
ARBOR CT
290
PEGASUS CT
ARBOR CT
441
220
AIRPORT RD
VICTORY RD
ARBOR CT
511
141
411
AIRPORT RD
MUSKOKA CT296
491
390
VICTORY RD
351
ARBOR CT
AIRPORT RD
AIRPORT RD
140
VICTORY RD
J I
INDEPENDENCE DR
321
C LTD.
ARBOR CT
Subdivision
§331
¨¦
368
81
VICTORY RD
VICTORY RD
220
287
ADMIRAL
338
£
¤344
VICTORY RD
50
BYRD DR
ARBOR CT
VICTORY RD
287
320
VICTORY RD
380
VICTORY RD
212
ARBOR CT
296
INDEPENDENCE DR
VICTORY RD
580382
300
AIRPORT RDARBOR CT
211
ADMIRAL
300
300
600
VICTORY RD
220
640
BYRD DR
ADMIRAL
ADMIRAL
AIRPORT RD
VICTORY RD
µ
Application
Parcels
Sewer and Water Service Area
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
05501,1002,200Feet
Map Created: October 18, 2018
108113126108
DARBY DR
PEMBRIDGE DR
110
DONEGAL CT
PRINCETON DRPURDUE DR
REZ # 03 - 18: Carpers Valley Industrial Park
131
211112
ETNAM ST
1085
KINROSS DR
FLANAGAN DRCAHILLE DR
MILLWOOD
1026
PIKE PINs: 64 - A - 86, 64 - A - 87
106
106136
MILLWOOD1135
111
STANLEY
1080
PIKEPURDUE DRDARBY DR
MILLWOOD
KILLANEY CT
Rezoning from R4 to M1
210
CIR
MILLWOOD
PIKE
1170
1191
116
STANLEY DR
PIKE
1090
GREENWOOD RD
MILLWOOD
KILLANEY CT
Long Range Land Use Map 123
201
156
MILLWOOD
PIKE
206
KILLANEY CT
1237
CUSTER
DELCO PLAZA120
PIKE
STANLEY DR
MILLWOODAVE
KILLANEY CT
1160125
124
PIKE
MILLWOODKILLANEY CT
DARBY DR
251
PIKE
107
198
104
FRONT
147KINROSS DR
STANLEY DR
DUNER CT
ROYAL PIKE
206
1230
RYCO LN
150
CUSTER
MILLWOOD
1288
AVESTANLEY DR
177
PIKE
100
190
MILLWOOD PIKE
1393
RYCO LN
DARBY DR
COSTELLO DR
230
MILLWOOD
179
1302
COSTELLO DR
PIKE
1441
RYCO LN
MILLWOOD PIKE
210
1515
MILLWOOD
250
COSTELLO DR
MILLWOOD
PIKE
COSTELLO DR
PIKE
1519
PRINCE FREDERICK
231
252
MILLWOOD PIKE
SULPHUR
OFFICE PART
COSTELLO DR
SPRING RD
1525
Subdivision
MILLWOOD
PIKE
1484
MILLWOOD
186PIKE
201
WINCREST DR
PRINCE
64 A 87
FREDERICK
1514
MILLWOOD
REZ #03-18
PIKE
REZ #03-18 1488
143
MILLWOOD
SULPHUR
PIKE
1600
64 A 87
SPRING RD
64 A 86
MILLWOOD
£
¤
1080
PIKE
50
COVERSTONE DR
1753
Application
MILLWOOD
Parcels
PIKE
223
BUFFLICK RD
1773
Sewer and Water Service Area
262
MILLWOOD PIKE
BUFFLICK RD
Long Range Land Use
233
Residential
BUFFLICK RD
301
1652
1828
Neighborhood Village
277BUFFLICK RD
MILLWOOD
MILLWOOD
BUFFLICK RD
PIKE
PIKE
317
Urban Center
287
BUFFLICK RD
GOVERNORS HILL
244 Mobile Home Community
BUFFLICK RD339
1830
BUFFLICK RD
Subdivision
BUFFLICK RD
Business
298
367
MILLWOOD
BUFFLICK RD
BUFFLICK RD
PIKE
201
Highway Commercial
330
BRIGSTOCK DR
Mixed-Use 417
BUFFLICK RD
140
BUFFLICK RD
ARBOR CT
Mixed Use Commercial/Office
271
WINCHESTER
431
AIRPORT RD
Mixed Use Industrial/Office
182
BUFFLICK RD
402
REGIONAL AIRPORT
295
ARBOR CT
Industrial
BUFFLICK RD
AIRPORT RD
Subdivision
401
311
220
181
PEGASUS CT
230 Warehouse
AIRPORT RD
290
ARBOR CT
PENDLETON DR
AIRPORT RD
AIRPORT RD
Heavy Industrial
119
220
238
ARBOR CT
Extractive Mining
ARBOR CT
141
AIRPORT RD
411
Commercial Rec
MUSKOKA CT
296
390
VICTORY RD
491
266
351
ARBOR CT
Rural Community Center
AIRPORT RD
161
AIRPORT RD
ARBOR CT
VICTORY RD
MUSKOKA CT
Fire & Rescue
170
321
MUSKOKA CT
Sensitive Natural Areas
ARBOR CT
PRESTON BUSINESS PARK
Institutional J I C LTD.
331
Subdivision
511
Subdivision
368
Planned Unit Development
VICTORY RD
220
AIRPORT RD
VICTORY RD
338
ADMIRAL
Park
BYRD DRARBOR CT
AIRPORT
Recreation 320
VICTORY RD
BUSINESS CENTER
380
School
§
¨¦
280
310
ARBOR CT
81
Subdivision
222
VICTORY RD
Employment
VICTORY RD
382
ADMIRAL
ARBOR CT
580
Airport Support Area£
¤
127
BYRD DR
50 320
AIRPORT RD
ELMWOOD RD
B2 / B3
211
INDEPENDENCE DR
200
129
VICTORY RD
Residential, 4 u/a
AVIATION DR
300
ELMWOOD RD
220
High-Density Residential, 6 u/a
ADMIRAL
128
VICTORY RD
BYRD DR
ELMWOOD RD
291
High-Density Residential, 12-16 u/a
251
INDEPENDENCE DR
CUMORAH
730
Rural Area
138
285
730
CREST LN
AIRPORT RD
Interstate Buffer
TAILSPIN CIR
INDEPENDENCE DR
µ
Landfill Support Area
Natural Resources & Recreation
Environmental & Recreational Resources
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
06001,2002,400Feet
Map Created: October 18, 2018
Carpers Valley Industrial Park January 23February 22, 2019
Proffer Statement
PROFFER STATEMENT
REZONING: RZ. #03-18: R4 to M1
PROPERTY: 122.18 Acres +/-:
Tax Map & Parcels 64-A-
RECORD OWNER: JGR THREE LLC, ELLEN, LLC, LCR, LLC, MDC THREE,
LLC, SUSAN SANDERS, LLC, LIBERTY HILL, L.C., Thomas
A. Dick, Timothy J. Dick and Michael E. Dick
APPLICANT: Hines Acquisitions, LLC
PROJECT NAME: Carpers Valley Industrial Park
DATES
OF
PROFFERS FOR
PREVIOUS REZONINGS: March 24, 2008 (Revised: September 2, 2008; October 31, 2008;
December 8, 2008; January 9, 2009; May 1, 2013; June 17, 2013,
July 23, 2013; August 15, 2013; September 6, 2013; September 26,
2013)
DATE OF PROFFERS: August 8, 2018
REVISION DATE: October 12, 2018; November 20, 2018, January 23, 2019, February
22, 2019
The undersigned owners hereby proffer that the use and development of the subject
conditions, which shall supersede all other proffers that may have been made prior hereto. In the
these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are
contingent upon final rezoning of the Property with
grants the rezoning.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provision of the proffers. The improvements proffered herein shall be provided at the time of
development of that portion of the Property adjacent to or including the improvement or other
herein shall include within its meaning all future owners, assigns, and successors in interest.
2018. The purpose of the GDP is to identify the
general location of the land bays, the general location of the proffered transportation
improvements and the general location of the pedestrian trail system. The Owner hereby
proffers to develop the Property in substantial conformity with the proffered GDP, prepared by
Carpers Valley Industrial Park January 23February 22, 2019
Proffer Statement
Pennoni Associates, Inc. and dated October 2018. The GDP is recognized to be a conceptual
plan and may be adjusted without the need of new conditional rezoning approval by the Board,
provided that the adjustments do not eliminate, substantially reduce, or substantially relocate the
areas indicated on the proffered GDP.
1.LAND USE
1.1The Owner intends to develop the Property with a mix of light industrial uses as
allowed under the M-1 zoning district provided the maximum daily vehicle trips
do not exceed the Traffic Impact Study Revision I (as prepared by Pennoni
July 2018) of 3,100 vehicle trips per day (VPD). With each Site Plan, the
owner will submit for the property a trip generation estimate per the Institute of
current edition and
a summary of total trips approved to date to ensure that estimates for the
property do not exceed 3,100 VPD. In order to gain Site Plan approval for any
development that would result in more site trips generated than a total of 3,100
VPD, the Owner shall prepare a new Traffic Impact Analysis, identifying ant
transportation improvements required to mitigate the increased trip volumes,
and reach an agreement with Frederick County and the Virginia Department of
Transportation on improvements necessary to mitigate those impacts.
2.ARCHITECTURE AND SIGNAGE:
2.1All buildings on the Property shall be constructed using similar architectural
styles and building materials for a more uniform appearance. Site signage shall be
uniform and in compliance with the Frederick County ordinances.
2.2The Owner agrees to install a screen buffer along the northern property line
(along Route 50) to include planting of deciduous and evergreen trees. Where
possible, the Owner shall retain existing vegetation and incorporate the same into
the buffer in order to create a natural look. Planting and retention of existing
vegetation shall be at the discretion of the Owner.
3.PEDESTRIAN TRAIL SYSTEM
3.1The Owner shall design and build a public pedestrian-bicycle trail system to
Virginia Department of Transportation standards that links to the adjoining
properties adjacent Coverstone Drive. Said trails shall be in the location generally
depicted on the GDP. Sidewalks shall be constructed on public streets to Virginia
Department of Transportation standards. The combined pedestrian/bicycling trail
shall be 10 feet wide and shall have an asphalt surface.
4.WATER & SEWER:
4.1The Owner shall be responsible for connecting the Property to public water and sewer.
It shall further be responsible for constructing all facilities required for such connection
at the Property boundary. All water and sewer infrastructure shall be constructed in
accordance with the requirements of the Frederick Water.
Carpers Valley Industrial Park January 23February 22, 2019
Proffer Statement
5.CULTURAL RESOURCES:
5.1The Owner shall conduct or cause to be conducted a Phase I Archeological Investigation
of the Property, prior to the approval of the first site or public improvement plan for the
property and shall complete Phase II and III investigations thereof as may be
demonstrated to be necessary by the Phase I study.
6.FIRE & RESCUE:
6.1The Applicant shall contribute to the Millwood Fire and Rescue Company in the
sum of $0.10 per building square foot floor area for fire and rescue purposes,
payable prior the issuance of the first occupancy permit for each building.
7.TRANSPORTATION:
7.1The Owner shall dedicate, design and construct Coverstone Drive, in the general
location shown on the GDP, with reasonable adjustments permitted for final
-of-way,
all in accordance with Virginia Department of Transportation specifications,
according to the following phasing schedule:
PHASE 1: Phase 1 shall consist of a full four lane section including a ten-foot
trail from Point A at its terminus and end of existing right-of-way to
Point B the second proposed entrance as depicted on the GDP. Said
roadway shall be constructed to base asphalt prior to issuance of a
certificate of occupancy for any light industrial building up to 405,000
square feet or greater than 1,500 VPD on the Property.
PHASE 2: Phase 2 shall consist of construction of a full four lane section of
Coverstone Drive, including a ten-foot pedestrian/bicycling trail from
Point B, the second proposed entrance, to Point C, the future
intersection of Tazewell Road, and the construction of Coverstone
Drive as a four-lane section from Point C to Point D as depicted on the
GDP. Said roadway improvements shall be completed prior to
issuance of a certificate of occupancy for any use that would cause the
Property to exceed 405,000 square feet of light industrial building area
or greater than 1,500 VDP. Final top courses of asphalt for
Coverstone Drive from Point A to Point C shall be completed with the
completion of Phase 2.
7.2 The Coverstone Drive public right-of-way shall be dedicated to Frederick County
as part of the Site Plan approval process, consistent with applicable Virginia law.
Right-of-Way dedication shall be provided to adjacent owners in Governors Hill
or another entity if the design, funding and construction Coverstone Drive occurs
prior to Carpers Valley Industrial Park executing the proffered improvements
above.
Carpers Valley Industrial Park January 23February 22, 2019
Proffer Statement
7.3 All public streets and roads shall be designed in accordance with the Virginia
Department of Transportation specifications, subject to review and approval by
Frederick County and Virginia Department of Transportation.
7.4 The design of off-site road improvements shall be in general conformance with
--3, as prepared by
Pennoni Associates Inc., dated October, 2018. Off-site improvements shall be
constructed in two (2) phases and correspond as part of Phases 1 and 2 as defined
in Proffer 7.2 above;
Intersection 1: -Site Improvements
Exhibit Sheet 1 of 3 Route 522 @ Coste
Phase 1.
Intersection 2: -Site Improvements
completed in Phase 1.
Intersection 3: Road improvements as described in -Site Improvements
completed in Phase 1.
7.5 Public right-of-way of Tazewell Road shall be dedicated to the property lines of
the adjacent parcel with the construction and dedication of the Coverstone Drive
extension Phase 2, to allow further construction of the future roadway by others.
7.6 The Owner shall dedicate an area of approximately 0.6 acres, for the purposes or
regional transportation improvements, all property of PIN# 64A87 south and west
of the Coverstone Drive and Prince Frederick Drive Intersection at the request of
Frederick County or the Virginia Department of Transportation.
7.7 The Owner shall make good faith efforts to obtain any off-site right of way
needed to complete any proffered off-site transportation improvements. In the
event that the Owner is not able to obtain the right of way and, further, the County
and/or State of Virginia do not obtain the necessary right of way in lieu of
constructing the road improvement, the Owner shall provide a monetary
contribution to Frederick County that is equivalent to the estimated construction
cost of those road improvements that could not be implemented. The construction
cost estimate shall be subject to review and approval by Virginia Department of
Transportation. These monetary contributions may be utilized by Frederick
County for transportation improvements within the vicinity of the subject
property.
7.8 The Owner shall contribute $20,000 toward infrastructure improvements for
Coverstone Drive west of Prince Frederick Drive to connect to relocated Route
522, payable prior to the first occupancy permit.
Carpers Valley Industrial Park January 23February 22, 2019
Proffer Statement
7.9 The Owner shall pay $360,000 to the County to be used to pay toward the road
improvements in the public right-of-way on Route 50 to create an intersection
with Inverlee Way
improvements in the Coverstone Drive area. The Owner agrees to make said
payment at the earlier of the issuance of a certificate of occupancy for a building
in the second phase of development as is described herein or at the time that a
road is constructed which intersects with Route 50 at the location referenced
herein.
8.AIRPORT OPERATIONS:
8.1 The Owner shall consult with the Executive Director of the Winchester Regional
Airport with respect to the granting of a reasonable avigation easement to provide
further protection for airport operations, and shall dedicate such easement, as the
Airport and Owner shall mutually agree. Said avigation easement shall be
st
dedicated prior to issuance of the 1 occupancy permit for the property.
8.2 The Owner shall file an Obstruction Evaluation/Airport Airspace Analysis
(OE/AAA) in accordance with the Code of Virginia, Section 15.2-2294. The
OE/AAA filing shall occur a minimum of 45 days prior to the expected start of
any site plan or public improvement plan construction.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Carpers Valley Industrial Park January 23February 22, 2019
Proffer Statement
JGR THREE, LLC
By:
By:
__________________________
COMMONWEALTH OF VIRGINIA, AT LARGE
County/City of , To-wit:
The foregoing instrument was acknowledged before me this day of , 2018,
by of JGR THREE, LLC.
My commission expires
Notary Public
Carpers Valley Industrial Park January 23February 22, 2019
Proffer Statement
ELLEN, LLC
By:
By:
__________________________
COMMONWEALTH OF VIRGINIA, AT LARGE
County/City of , To-wit:
The foregoing instrument was acknowledged before me this day of , 2018,
by of ELLEN, LLC.
My commission expires
Notary Public
Carpers Valley Industrial Park January 23February 22, 2019
Proffer Statement
LCR, LLC
By:
By:
__________________________
COMMONWEALTH OF VIRGINIA, AT LARGE
County/City of , To-wit:
The foregoing instrument was acknowledged before me this day of , 2018,
by of LCR, LLC.
My commission expires
Notary Public
Carpers Valley Industrial Park January 23February 22, 2019
Proffer Statement
MDC THREE, LLC
By:
By:
__________________________
COMMONWEALTH OF VIRGINIA, AT LARGE
County/City of , To-wit:
The foregoing instrument was acknowledged before me this day of , 2018,
by of MDC THREE, LLC.
My commission expires
Notary Public
Carpers Valley Industrial Park January 23February 22, 2019
Proffer Statement
SUSAN SANDERS, LLC
By:
By:
__________________________
COMMONWEALTH OF VIRGINIA, AT LARGE
County/City of , To-wit:
The foregoing instrument was acknowledged before me this day of , 2018,
by of SUSAN SANDERS, LLC.
My commission expires
Notary Public
Carpers Valley Industrial Park January 23February 22, 2019
Proffer Statement
LIBERTY HILL, L.C.
By:
By:
__________________________
COMMONWEALTH OF VIRGINIA, AT LARGE
County/City of , To-wit:
The foregoing instrument was acknowledged before me this day of , 2018,
by of LIBERTY HILL, L.C.
My commission expires
Notary Public
Carpers Valley Industrial Park January 23February 22, 2019
Proffer Statement
THOMAS A. DICK
__________________________
COMMONWEALTH OF VIRGINIA, AT LARGE
County/City of , To-wit:
The foregoing instrument was acknowledged before me this day of , 2018,
by THOMAS A. DICK.
My commission expires
Notary Public
Carpers Valley Industrial Park January 23February 22, 2019
Proffer Statement
TIMOTHY J. DICK
__________________________
COMMONWEALTH OF VIRGINIA, AT LARGE
County/City of , To-wit:
The foregoing instrument was acknowledged before me this day of , 2018,
by TIMOTHY J. DICK.
My commission expires
Notary Public
Carpers Valley Industrial Park January 23February 22, 2019
Proffer Statement
MICHAEL E. DICK
__________________________
COMMONWEALTH OF VIRGINIA, AT LARGE
County/City of , To-wit:
The foregoing instrument was acknowledged before me this day of , 2018,
by MICHAEL E. DICK.
My commission expires
Notary Public