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HomeMy WebLinkAbout11-04 Proffer StatementAMENDMENT Action: PLANNING COMMISSION: August 18, 2004 Recommended Approval BOARD OF SUPERVISORS: September 8, 2004 ai APPROVED DENIED WHEREAS, Rezoning #11 04 of Adams Development Group, submitted by Greenway Engineering, to rezone 59.708 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District. The subject property is located in the Stephenson Community, fronting the west side of Martinsburg Pike (Route 11), opposite the intersection with Stephenson Road (Route 664), and is identified by Property Identification Number 44 -A -75 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on August 18, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 8, 2004; 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 change 59.708 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRcsft2a -04 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #1 1 -04 OF ADAMS DEVELOPMENT GROUP This ordinance shall be in effect on the date of adoption. Passed this 8th day of September, 2004 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester Lynda J. Tyler PDRcs #20 -04 Aye Aye Aye Barbara E. Van Osten Gary Dove Bill M. Ewing A COPY ATTEST Aye. Aye Aye I, John i1ey, Jr. Frederick County Administrator Greenway Engineering Prelimimry Matters June 21, 2004 Adtmrs Development Group, Inc. Revised August 19, 2004 Rezoning ADAMS DEVELOPMENT GROUP, INC. REZONING Tax Parcel #44- ((A)) -75 Stonewall Magisterial District 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 applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11 -04 for the rezoning of 59.71 -acres from the Rural Areas (RA) District to Industrial Transition (B3) 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 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 this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Adams Development Group, being all of Tax Map Parcel 44- ((A)) -75 and further described by Boundary Survey Plat prepared by Edward W. Dove, L.S., dated July 29, 2003 (see attached Boundary Survey Plat). A.) Generalized Development Plan The applicant hereby proffers to develop the 59.71 -acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the general location and relationship of land bay uses. B.) The followirg maximum building square footages for each specified land uses are proffered. All other land uses, otherwise allowed (permitted) in the B3 zoning district are hereby prohibited on the 59.71 -acre property. 1. office 2. office /warehouse 3. warehouse 4. self service storage facility TOTAL BUILDING AREA 40,000 square feet 156,875 square feet 492,500 square feet 146,200 square feet 835,575 square feet File #3949 /EAW /ajc Greenway Engineering C.) Transportation June 21, 2004 Adams Development Group, Inc. Revised August 19, 2004 Rezoning 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for all uses within this site. This shared commercial entrance will be located so as to align with the existing commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Turn lane Martinsburg Pike (US Route 11) The applicant hereby proffers to install a right -turn deceleration lane at the entrance on Martinsburg Pike (US Route 11). 3.) Additional Right -of -way Dedication In the interest of future area transportation plan improvements, the applicant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right -of -way on the Martinsburg Pike (US Route 11) frontage of the property. 4.) Corridor Improvements, Signalizstion In recognition of offsite transportation impacts, the applicant hereby proffers to contribute a prorated share of the cost of signalization improvements in the area of Interstate -81 Exit 321. The Virginia Department of Transportation (VDOT) will determine the appropriate location for signalization improvements and will determine when this improvement is warranted. The applicant will enter into a signali2ation agreement with VDOT that will provide a one -time contribution towards the cost of signalization in a prorated amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. D.) Outdoor Storage Buffer The applicant hereby proffers to preserve a continuous strip of existing vegetation on the west side of the Winchester and Western Railroad, as identified on the Generalized Development Plan, to screen the outdoor storage area from Interstate 81 and the MH -1 property to the southwest. The applicant will preserve a minimum depth of fifty (50) feet of the existing vegetation adjacent to both the Interstate -81 right -of -way and that approximately 242 foot portion of the property line shared with the MH -1 zoned property to the south. Should such existing vegetation be deemed insufficient screen by the Zoning Administrator at the time of site plan review, the vegetative area will be supplemented with additional landscaping and /or opaque structures as needed to meet ordinance standards. File #3949 /EAW /ajc 2 Greenway Engineering The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one hundred foot wide Category "C" full screen adjacent to properties to the northeast. E.) North (Kenilworth) Buffer F.) South Buffer The applicant hereby proffers to utilize a minimum six foot high fence, rather than earthen berm, as the opaque element within the one hundred foot wide Category "C" full screen adjacent to properties to the south. G.) Corridor Appearance Enhancements The applicant hereby proffers to enhance the appearance of the Martinsburg Pike (U.S. Route 11) corridor through the implementation of a low -level earth berm and landscaping along the frontage of the subject property. This enhancement will be located within a 20- foot wide green strip that is located immediately adjacent to and on the west side of the dedicated 20 -foot right -of -way strip, which will contain an earth berm that is 2 -feet in height with low -lying shrubs and a single row of deciduous flowering trees that are a minimum of 1 '/z caliper and planted on 30 -foot centers. This corridor appearance enhancement will be designed to ensure that sight distance is not negatively impacted at the commercial entrance to the subject property, and will be provided in conjunction with the installation of the commercial entrance. H.) Stormwater Quality Measures The applicant hereby proffers that all commercial site plans submitted to Frederick County are designed to implement best management practices (BMP) to promote stormwater quality measures. A statement will be provided on each commercial site plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. 1.) Monetary Contribution to Offset Impact of Development June 21, 2004 'Adams Development Group, Inc. Revised August 19, 2004 Rezoning The undersigned owner of the above described property hereby voluntarily proffers that in the event rezoning application #11 -04 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: .01/ building square foot File #3949/EAW /ajc 3 Greenway Engineering This payment, potentially totaling $8,355 is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid at the time of the building occupancy permits. J.) Signatures June 21, 2004 Adams Development Group, Inc. Revised August 19, 2004 Rezoning The conditions proffered above shall be binding upon the 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. Respectfully Submitted: ADAMS DEVELOPEMNT GROUP, INC. By: Commonwealth of Virginia Cit} ounty P Ererle,vi4.- To Wit: The foregoing instrument was acknowledged before me thisZd of_gi c 2004by AthUI'15 P {e51•' A. ms n4 40 My Commission Expires #tLO akJ ZP, Z File #3949 /EAW /ajc o ertC. Adams, its President 8 Dae Notary Public 4 Greenway Engine, June 21,2004 Adams Development Group, Inc. Rezoning Preliminary Matters ADAMS DEVELOPMENT GROUP, INC. REZONING Tax Parcel #44- ((A)) -75 Stonewall Magisterial District 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 applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application I 1 -0'-1 for the rezoning of 59.71 -acres from the Rural Areas (RA) District to Industrial Transition (B3) 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 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 this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Adams Development Group, being all of Tax Map Parcel 44- ((A)) -75 and further described by Boundary Survey Plat prepared by Edward W. Dove, L.S., dated July 29, 2003 (see attached Boundary Survey Plat). A.) Generalized Development Plan The applicant hereby proffers to develop the 59.71 -acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the general location and relationship of land bay uses. B.) The following maximum building square footages for each specified land uses are proffered. All other land uses, otherwise allowed (pertnitted) in the B3 zoning district are hereby prohibited on the 59.71 -acre property. File #3949/EAW /ajc 1. office 2. office warehouse 3. warehouse 4. self- service storage facility TOTAL BUILDING AREA 40,000 square feet 156,875 square feet 492,500 square feet 146,200 square feet 835,575 square feet. taJt11 1 Greenway Engine June 21, 2004 C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) 2.) Turn lane Martinsburg Pike (US Route 11) 3.) Additional Right -of -way Dedication 4.) Corridor Improvements, Signalization D.) Outdoor Storage Buffer File #3949/EAW /ajc Adams Development Group, Inc. Rezoning Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for all uses within this site. This shared commercial entrance will be located so as to align with the existing commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. The applicant hereby proffers to install a right -turn deceleration lane at the entrance on Martinsburg Pike (US Route 11). In the interest of future area transportation plan improvements, the applicant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right -of -way on the Martinsburg Pike (US Route 11) frontage of the property. In recognition of offsite transportation impacts, the applicant hereby proffers to contribute a prorated share of the cost of signalization improvements in the area of Interstate -81 Exit 321. The Virginia Department of Transportation (VDOT) will determine the appropriate location for signalization improvements and will determine when this improvement is warranted. The applicant will enter into a signalization agreement with VDOT that will provide a one -time contribution towards the cost of signalization in a prorated amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. The applicant hereby proffers to preserve a continuous strip of existing vegetation on the west side of the Winchester and Western Railroad, as identified on the Generalized Development Plan, to screen the outdoor storage area from Interstate 81 and the MH -1 property to the southwest. The applicant will preserve a minimum depth of fifty (50) feet of the existing vegetation adjacent to both the Interstate -81 right -of -way and that approximately 242 foot portion of the property line shared with the MH -1 zoned property to the south. Should such existing vegetation bei deemed insufficient screen by the Zoning Administrator at the time of site plan review, the vegetative area will be supplemented with additional landscaping and/or opaque structures as needed to meet ordinance standards. 2 Greenway Bngin1g June 21, 2004 E.) North (Kenilworth) Buffer Adams Development Group, Inc. Rezoning The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one hundred foot wide Category "C" full screen adjacent to properties to the northeast. F.) South Buffer The applicant hereby proffers to utilize a minimum six foot high fence, rather than earthen berm, as the opaque element within the one hundred foot wide Category "C" full screen adjacent to properties to the south. G.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above described property hereby voluntarily proffers that in the event rezoning application 11" oil is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: This payment, potentially totaling $8,355 is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid at the time of the building occupancy permits. File #3949/EAW /ajc .01/ building square foot 11 ,f Li E MIA 1 3 Grecnway EnginSg H.). Signatures Respectfully Submitted: ADAMS DEVELOPEMNT GROUP, INC. By: File #3949/EAW /ajc June 21, 2004 My Commission Expires re.b hid ✓L( Lg, 2ct 3 Adams Development Group, Inc. Rezoning The conditions proffered above shall be binding upon the 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. obert C. Adams, its President Pate Commonwealth of Virginia, City ount if EVederick To Wit: The foregoing instrument was acknowledged before me this,76r2,Iday of 2004 elfieYf A iav Pr'eS icen j ACiett 15 t'GrlpL1C. J� rt t y"J-u.o.co<� Notary Public Greenway Engineeriii I iii Preliniimry Matters ADAMS DEVELOPMENT GROUP, INC. REZONING Tax Parcel #44- ((A)) -75 Stonewall Magisterial District 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 applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application /°f3Y for the rezoning of 59.71 -acres from the Rural Areas (RA) District to Industrial Transition (B3) 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 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 this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Adams Development Group, being all of Tax Map Parcel 44- ((A)) -75 and further described by Boundary Survey Plat prepared by Edward W. Dove, L.S., dated July 29, 2003 (see attached Boundary Survey Plat). A.) Generalized Development Plan The applicant hereby proffers to develop the 59.71 -acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the general location and relationship of land bay uses. B.) The followirg maximum building square footages for each specified land uses are proffered. All other land uses, otherwise allowed (permitted) in the B3 zoning district are hereby prohibited on the 59.71 -acre property. File #3949 /E.4W /ajc 1. office 2. office /warehouse 3. warehouse 4. self service storage facility TOTAL BUILDING AREA June 21, 2004 Adams Development Group, Inc. Rezoning 40,000 square feet 156,875 square feet 492,500 square feet 146,200 square feet 835,575 square feet 1 Greenway Engineering C.) Transportation June 21, 2004 •dams Development Group. Inc. Rezoning 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for all uses within this site. This shared commercial entrance will be located so as to align with the existing commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Turn lane Martinsburg Pike (US Route 11) The applicant hereby proffers to install a right -turn deceleration lane at the entrance on Martinsburg Pike (US Route 11). 3.) Additional Right -of -way Dedication In the interest of future area transportation plan improvements, the applicant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right -of -way on the Martinsburg Pike (US Route 11) frontage of the property. 4.) Corridor Improvements, Signalization In recognition of offsite transportation impacts, the applicant hereby proffers to contribute a prorated share of the cost of signalization improvements in the area of Interstate -81 Exit 321. At such time as conditions warrant the installation of a traffic signal in the area of Exit 321, the applicant shall make a one -time contribution towards the cost of said signalization, in a prorated amount based upon the estimated volume of traffic generated by the developed portion of the subject property at the time of said warrant. D.) Outdoor Storage Buffer The applicant hereby proffers to preserve a continuous strip of existing vegetation on the west side of the Winchester and Western Railroad, as identified on the Generalized Development Plan, to screen the outdoor storage area from Interstate 81 and the MH -1 property to the southwest. The applicant will preserve a minimum depth of fifty (50) feet of the existing vegetation adjacent to both the Interstate -81 right -of -way and that approximately 242 foot portion of the property line shared with the MH -1 zoned property to the south. Should such existing vegetation be deemed insuffident screen by the Zoning Administrator at the time of site plan review, the vegetative area will be supplemented with additional landscaping and /or opaque structures as needed to meet ordinance standards. Filc 43949 /EAW /ajc 2 Greenway Engineering E.) North (Kenilworth) Buffer The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one hundred foot wide Category "C" full screen adjacent to properties to the northeast. F.) South Buffer The applicant hereby proffers to utilize a minimum six foot high fence, rather than earthen berm, as the opaque element within the one hundred foot wide Category "C" full screen adjacent to properties to the south. G.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above described property hereby voluntarily proffers that in the event rezoning application is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: This payment, potentially totaling $8,355 is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid at the time of the building occupancy permits. File #3949 /EAW /ajc June 21, 2004 Adams Development Group, Inc Rezoning .01/ building square foot 3 Greenway Engineering H.) Signatures The conditions proffered above shall be binding upon the 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. Respectfully Submitted: ADAMS DEVELOPEMNT GROUP, INC. By: Commonwealth of Virginia, City /County of rf r)<? t The foregoing instrument was acknowledged 20M by 0 C-• l ki sn� My Commission Expires June 21, 2004 A dams Development Group, Inc. Rezoning Robert C. Adams, its President To Wit 1 ilk ir before me this 0 day of eS 7 7 Notary Public act ate File #3949 /EAW /ajc 4