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Home My WebLink About11-04 Applicationr �0�� a FiLECOPy a COUNTY of FREDERICK September 9, 2004 Mr. Evan Wyatt 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #11 -04, ADAMS DEVELOPMENT GROUP Dear Evan: Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of September 8, 2004. The above referenced application was approved to rezone 59.708 acres from RA (Rural Areas) District to 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 with Property Identification Number 44 -A -75, in the Stonewall Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Susan K. Eddy Senior Planner SKE/bhd cc: /dams Development Group, Inc., HC 34, Box 30, Bloomery, WV 26817 /'ynda J. Tyler, Board of Supervisors, Stonewall District John Light, Stonewall District Planning Commissioner Xane Anderson, Real Estate mmissioner of Revenue em: .Charles S. DeHaven, Jr., Stonewall District Planning Commissioner 107 North Kent Street Winchester, Virginia 22601 -5000 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: 08/18/04 Recommended Approval Board of Supervisors: 09/08/04 P 4i g at PROPOSAL: To rezone 59.708 acres from RA (Rural Areas) District to B3 (Industrial Transition) District LOCATION: The property is located in the Stephenson Community, fronting the west side of Martinsburg Pike (Route 11), opposite the intersection with Stephenson Road (Route 664). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 44 -A -75 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Agricultural, undeveloped ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: REZONING APPLICATION #11 -04 ADAMS DEVELOPMENT GROUP Staff Report for the Board of Supervisors Meeting Prepared: August 27, 2004 Staff Contact: Susan K. Eddy, Senior Planner RA (Rural Areas) District MH 1 (Mobile Home Community) District Ml (Light Industrial) District RA (Rural Areas) District B3 (Industrial Transition) District RA (Rural Areas) District Use: Use: Use: Use: PROPOSED USES: Office, office /warehouse, warehouse, and self service storage Residential Residential Residential Residential Industrial Agricultural, Residential Public Facility REZ I I -04, Adams Development Group Page 2 August 27. 2004 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Adams Development Group Rezoning Application dated June 21, 2004 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the LT.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: "Fire Lane No Parking" markings and signage required at all curbage not delineated as parking, all fire hydrants, fire department connections and all normal and emergency access points to the structure. Water supplies for firefighting shall meet the requirements of Frederick County Code section 90 -4, for commercial properties. Plan approval recommended. Frederick- Winchester Service Authority: No comments. Public Works Department: 1) Refer to the wetlands discussion site suitability. The discussion indicates that there are no wetlands depicted by the National Wetlands Inventory Map for the subject site. However, our site visit revealed that there are several spring fed streams along the southern property boundary. It is apparent that there are wetlands associated with these streams. Therefore, we suggest that a wetlands delineation study be prepared for this site to insure that the development can properly address this issue. 2) Under site drainage, the design of stormwater management facility should be implemented in a manner that will avoid any disturbance of the existing streams and associated wetlands. Also, consideration should be given to the use of oil separators or BMP facilities to minimize the impact of stormwater runoff from parking areas on the spring fed streams. 3) Under solid waste disposal, the comparison of a yearly disposal rate at build -out to the maximum landfill capacity is not a realistic or valid comparison. The proposed build -out disposal rate represents an approximate 16 percent increase in our yearly disposal at the landfill. This increase is relatively significant considering our average increase of all combined development in Frederick, Clarke and the City of Winchester has been approximately 3.5 percent per year. Planning Staff Comment: At the August 18, 2004 Planning Commission meeting. concern was expressed over the applicant's description of wetlands on the site as included in the impact analysis statement. The applicant revised the text ("the impact statement to address these concerns. The revised impact statement dated August 27, 2004. (A. Suitability of the Site) now slates: it is anticipated that the wet weather stream will be determined to be a regulated waterway by the U.S. Army Corps of Engineers. Therefore, a wetlands analysis will be 'submitted in conjunction with the master development plan for the subject' property to ensure that wetlands are identified and impacts are adequately mitigated. The revised impact statement dated August 27, 2004, (F. Site Drainage) now states: the design of the stormwater management facility will be implemented in a manner that will REZ #1 I -04. Adapts Development Group Page 3 August 27, 2004 avoid any disturbance of the existing scream and any associated wetlands. Consideration will be given to the use of oil separators or BMP facilities to minimize the impact f •om parking areas. The revised proffer statement dated August 19, 2004, also adds a proffer Stormwaler Quality Measures) that all commercial site plans are designed to implement best management practices (BMP) to promote stor n quality measures. Planning Staff Comment: At the August 18. 2004 Planning Commission meeting, concern was expressed over the applicant's description of solid waste disposal as included in the impact analysis statement. The applicant revised the text of the impact statement to address these concerns. The revised impact statement dated August 27, 2004. (G. Solid Waste Disposal) now stales: the annual solid waste generation from this project is estimated to be 2,600 tons. This represents a 1.3% increase in the solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200.000 tons per year. Sanitation Authority: No comment. Historic Resources Advisors Board: The Frederick County Historic Resources Advisory Board (HRAB) considered this rezoning proposal during their meeting of May 18, 2004. The 1 -IRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report as well as information provided by the applicant. The Rural Landmarks Survey Report for Frederick County identifies one historic structure. Kenilworth, within the immediate area around the 59.71 acre subject parcel. Kenilworth is identified by the survey as being potentially significant. it is the intent of the applicant to rezone this property to the B3 (Industrial Transition) Zoning District and construct a self storage, office and warehouses. The FIRAB expressed great concern over the type of uses being proposed so close to Kenilworth. They felt that these uses were inappropriate and would destroy the viewsheds of Kenilworth and Martinsburg Pike. if this property is developed as a B3 use, the HRAB suggests the following be considered to mitigate impacts on the historic resources: 1) Types of Uses: The applicant should realize that Kenilworth is a key structure of Stephenson, and very significant to the surrounding area. The HRAB felt that the uses being proposed with this application (self storage and warehouses) were inappropriate and insensitive to the surrounding area. It was recommended that a use that would better lit into the surrounding should be considered. 2) Screening and Setbacks: Intensive screening to hide this proposed development from Kenilworth and Martinsburg Pike is highly recommended along with additional setbacks off of Martinsburg Pike. 2a) Architecture: Commercial buildings on this site should blend in and compliment the architecture used with Kenilworth. 2b) Viewsheds: It was recommended that the viewsheds of Kenilworth and Martinsburg Pike not be impacted by this application. Efforts should be taken to make this area look "less industrial County Attorney: Proper legal form. Does not appear any legal issues. Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A -2 (Agricultural General) District. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon REZ I I -04, Adams Development Group Page 4 August 27, 2004 adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The entire 59.71 -acre site is presently zoned RA (Rural Areas) District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy 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 plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1J Land Use The subject parcel exists in a mixed land use area of Frederick County. APAC Virginia is located on the east side of Martinsburg Pike (Route 11 N); Easy Living Mobile Home Park is located to the south; the 1 -81 rest stop is located on the other side of 1 -81 to the west; and several existing residences and the historic Kenilworth property are located to the north. The subject parcel comprising this rezoning request is located within the boundaries of the Northeast Land Use Plan NELUP), and is located wholly within the Sewer and Water Service Area (SWSA). The NELUP envisions the area of the subject parcel as future business use. Retail, service, and office land uses are envisioned along the Martinsburg Pike Corridor, and industrial uses are proposed adjacent to railroads. The proposal to rezone the 59.71 -acre site to B3 (Industrial Transition) District, with the proffered GDP, is generally consistent with this land use plan. The GDP illustrates offices along Martinsburg Pike (Route 11), self service storage and office /warehouses uses in the center of the parcel, and warehousing in the rear beside the existing railroad. [Comprehensive Policy Plan, page 6 -34 through 6 -38.5] Transportation /Corridor Design Standards The parcel comprising this rezoning application has frontage along Martinsburg Pike (Route 11 N). This roadway is classified as a major collector road and is a business corridor. Along business corridors, the Comprehensive Policy Plan calls for landscape buffers between the road and parking facilities to promote a more pleasant environment. A reduced number of entrances to minimize traffic congestion, a bicycle trail, appropriate building materials, compatible uses, and less visual clutter from signs are other corridor design standards encouraged by the Comprehensive Policy Plan. [Comprehensive Policy Plan, page 6 -72] Planning Staff Comment: At the August 18, 2004 Planning Commission meeting, staff noted that the applicant had not proffered either enhanced landscaping or a buffer along Martinsburg Pike (Route 11 N). Such features have been proffered by numerous other rezonings along Martinsburg Pike (Route 11 N). The revised proffer statement dated August 19, 2004, adds a new proffer (G. Corridor Appearance Enhancements), which provides a landscape strip along the Martinsburg Pike (Route 11 N) corridor that includes a low -level berm, shrubs and deciduous flowering trees. REZ #I 1 -04, Adams Development Group Page 5 August 27, 2004 4) Potential Impacts 3) Site Suitabilitv /Environment The applicant's Impact Analysis Statement indicates that there are no areas of Flood plains, wetlands, steep slopes, or woodlands on the subject property. However, a natural waterway exists along the southeast property line, and there may be some areas of wetlands associated with it. Demonstration that all environmental features will be protected in accordance with local and state regulations is required during the master development plan and site plan processes. The General Soil Map of the Soil Survey of Frederick County. Virginia indicates that a variety of soil types exists on the 59.71 -acre site. These soil types include the following: Frederick Poplimento Loams 2 -7% slopes, Massanetta Loam 0 -4% slopes, Frederick Poplimento Loams very rocky 7 -15% slopes, and Carbo Oakley rock outcrop complex 2 -15% slopes. The former two soil types are classified as prime farmland. The management of individual soil characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. [Soil Survey of Frederick County] A. Transportation As noted in the applicant's Impact Analysis Statement, a traffic impact study of the proposed rezoning was performed with this rezoning application. This study utilized the Institute of Transportation Engineers (ITD) Trip Generation Manual for determining the maximum traffic intensities for the proffered land uses. These proffered land uses include 40,000 square feet of office. 156,875 square feet of warehouse /office, 492,500 square feet of warehouse, and 146,200 square feet of self service storage. A combined increase of4,603 VPD is projected for development of the 59.71 -acre site under the proffered development pattern. The 2002 VDOT Daily Volume Jurisdictional Report 34 indicates that there are currently 6,300 VPD along the portion of Martinsburg Pike (Route I I N) which fronts the subject property. Based on the proposed maximum traffic intensities, there would be an increase in traffic on Martinsburg Pike (Route I I N) by 73.1 as a result of this rezoning. The segment of Martinsburg Pike (Route 11 NO serving the subject parcel is comprised of two travel lanes and a center turn lane. The applicants have proffered that access to the property will occur through a single shared commercial entrance. Other transportation related proffers include the installation of a right -turn deceleration lane and additional r -o -w dedication for possible future widening. In addition, the applicants have agreed to contribute towards the cost of signalization improvements in the area of Interstate 81 and Exit 321 to mitigate off -site transportation related impacts. VDOT Continent: VDOT has commented that they are satisfied with the transportation profers offered by this rezoning application. Rezoning #11 -04, Adams Development Group Page 6 August 27, 2004 B. Sewer and Water The Frederick County Sanitation Authority (FCSA) is authorized to serve the subject site with public water and sewer due to its location within the SWSA. The FCSA is the agency responsible for the operation and maintenance of the public water and sewer system to include the Global Chemstone Quarry and the Opequon Waste Water Treatment Plant. The FCSA has chosen to offer no comment concerning the impacts of the proposed rezoning. At maximum possible build -out, the applicant projects that the proposed commercial area will consume approximately 59,710 gallons per day (GPD) of water and generate an average daily sewage flow of 29,855 GPD. An existing 20" water main running parallel with the Winchester and Western Railroad, and a 10" water line running parallel with Martinsburg Pike (Route 11 N) are located on the property. The applicant has also noted that an 8" sanitary sewer force main is adjacent to the railroad. The applicant indicates that the Opequon Waste Water Treatment Plant and the Global Chemstone Quarry, in combination with other water sources. possesses adequate capacity to accommodate the sewage flow and water demand projected with this proposal. C. Historic Resources As noted in the comments by the Historic Resources Advisory Board, the Kenilworth structure is identified as a potentially significant historical structure and is potentially eligible for the state and national register of historic places. A portion of the property is also located within the core area of the Second Winchester Civil War Battlefield, according to the Study of Civil War Sites In the Shenandoah Valley of Virginia, by the U.S. Department of Interior. This area is identified as having retained its historical integrity. 5) Revised Proffer Statement Dated August 19, 2004 A) General Development Plan. The applicant has proffered to develop the subject property in substantial conformance with the GDP. The GDP demonstrates a single shared commercial entrance and the layout of the proposed land uses. B) Permitted Uses. The proffer statement indicates that only office, office /warehouse, warehouse. and self service storage land uses will be permitted on the property should the rezoning be approved. Furthermore, a maximum square feet is proffered for each of the four proffered land uses. C) Transportation. Transportation proffers include the restriction of more than one commercial entrance off of Martinsburg Pike (Route 11 N), construction of a right -turn deceleration lane, contribution of 20' of additional right -of -way to VDOT for future possible road improvements, and agreement to contribute towards the cost of off -site signalization in the area of Interstate 81 and Exit 321. Rezoning #11-04, Adams Development Group Page 7 August 27, 2004 D) Outdoor Storage Buffer. The applicant proffers to preserve a continuous strip of existing vegetation on the west side of the Winchester and Western Railroad for screening purposes. Planning Staff Comment: A Category C Zoning Buffer is required along the properly line which adjoins the Easy Living Mobile Home Community (MH1 District). The Planning Commission agreed, at its August 18, 2004meeting that 50' woodland strip may he used to meet the screening requirements of this zoning buffer. However, a minimum of 100' buffer area (75' inactive and 25' active) would still be required by the Zoning Ordinance, and is shown on the proffered GDP. E) North Buffer. The applicants have proffered to utilize the 6' high berm opaque screening option along the north property line. F) South Buffer. The applicants have proffered to utilize the 6' tall fence as the opaque screening option along the south property line. G) Corridor Appearance Enhancements. The applicant has proffered landscape enhancements along Martinsburg Pike (Route 11 N) to include a 20' wide green strip, a low -level earth berm. low -lying shrubs and a single row of deciduous flowering trees. H) Stormwater Quality Measures. The applicant has proffered that all commercial site plans will be designed to implement best management practices (BMP) to promote stormwater quality measures. 1) Monetary Contribution. A monetary contribution of $8,355.00 is offered by the applicant for the purpose of impact mitigation for Frederick County Fire and Rescue Services. STAFF CONCLUSIONS FOR 08/18/04 PLANNING COMMISSION MEETING: This application is a request to rezone 59.708 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District. It is proffered that only offices, office /warehouses, self service storage, and warehousing land uses will be permitted on the subject property. The 2003 Comprehensive Policy Plan articulates the planned land use of the subject parcel through the policies of the Northeast Land Use Plan (NELUP). This land use plan designates the subject parcel for business land uses. As described in this staff report, the development program proposed through the requested rezoning is generally consistent with the adopted land use policies of the Comprehensive Policy Plan. However, further consideration of enhanced design features is encouraged. PLANNING COMMISSION SUMMARY ACTION OF THE 08/18/04 MEETING: The applicant's representative stated their intentions to add two additional items to their proffer statement and, pending acceptance of those additions by the Planning Commission, would modify the proffer statement before the Board of Supervisors' consideration of the pending rezoning. First, the Rezoning #11-04, Adams Development Group Page 8 August 27, 2004 inclusion of a stipulation that all commercial site plans be required to use best management practices for storm water management quality; this narrative will be placed on the commercial site plans and will specify the party responsible for maintenance of those facilities. Second, the inclusion of enhanced design features along Martinsburg Pike (Rt. 11) as follows: designation of an additional 20 -foot green strip on the other side of the 20 -foot dedicated right -of -way strip, with installation of a two -foot high earthen berm, low -level landscaping on the berm, and deciduous flowering trees spaced on 30 -foot centers along Martinsburg Pike (Rt. 11) frontage. The applicant's representative also stated their intentions to use an area along the railroad tracks for outdoor storage; a request was made to allow the use of an existing 50 -foot woodlands strip as the ordinance- required buffer for the outdoor storage area. The applicant also indicated how he would address wetlands issues during the master development plan and site plan stages. One citizen, an adjoining property owner at the southeast corner of the Adams' property, was seeking clarification on what the applicant would be installing next to his property with regards to any berms, fencing, or landscaping. He was concerned that any redirection of water run -off may impact his property. A member of the Commission restated the concerns of the Historic Resources Advisory Board regarding protection of the viewshed for the historic Kenilworth property and the core area of the Second Winchester Civil War Battlefield. Members of the Commission were concerned about the increased traffic impacts to Martinsburg Pike (Rt. 11), especially considering the cumulative effect on Route 11 from the West Virginia line to Stephenson, due to the large residential subdivision taking place in Berkeley County, West Virginia. They inquired if trip generation requirements were considered for the site plan stage of development. The applicant's representative noted that worst -case scenario trip generation figures, using maximum square footage, were used for the traffic study and it was their opinion that actual counts would be less than what was projected. The applicant's representative added that they anticipated VDOT's widening of Martinsburg Pike (Rt. 11), which is why they included the dedicated right -of -way, the access management control. and their participation in acquisition of a traffic signal. Members of the Commission believed that areas of B3 Zoning were needed in the County and although there were concerns about the traffic impacts to Martinsburg Pike, the Commission voted unanimously to recommend approval of the rezoning with the additional two proffers offered by the applicant; specifically, the inclusion of a stipulation that all commercial site plans be required to use best management practices for storm water management quality and the inclusion of enhanced design features along Martinsburg Pike (Rt. 11) as stated above. Additionally, the request to allow the use of an existing 50 -foot woodlands strip as the ordinance- required buffer for the outdoor storage area was also recommended for approval. (Note: Commissioners Triplett and Kriz 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. OUTPUT MODULE APPLICANT: Adams Net Fiscal Impact LAND USE TYPE 83 Costs of Impact Gedit. Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For REAL EST VAL $57 926 240 Required (entered in Cur. Budget Cur. Budget Cap. Future CfP/ Tax Credits Revenue- Nat Capital Net Cost Per FIRE RESCUE 1 Capital Facilities col sum only) Oper Can Equip Expend/Debt S. Taxes, Other fUnadiusled) Cost Balanos Facilities Impact Dwaine Unll Fire and Rescue Deparbnent 5301626 50 30 3301 626 1f01V/0! Elementary Schools $0 Middle Schools S0 50 SO 50 30 30 3131V/01 High Schools 30 Parks and Recreation 30 30 30 $0 50 niDIV1O1 Public L&rary 50 Sheriff§ Offices 50 314,887 $0 50 514,887 314.867 $O $3 SDIV/01 SDIV /01 Administration Building 50 50 $0 $0 30 1/13IV/01 Other Miscellaneous Fadlifies 30 335,697 $39,411 575.108 575,106 50 DIV/0I SUBTOTAL 5301,626 150,584 539,411 $0 589.996 589,996 5211,631 1ttrN/0f LESS: NET FISCAL IMPACT 55,866823 55,866,823 85.868.823 1��• 8823 IV/01 NET CAP. FACILITIES IMPACT So 8pryal NOTES: Model Run Date 04/19/04 CMM INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: t0' if Rev -Cost Bal, "0.0° if Ratio to Co Avg: PLANNING OEPT PREFERENCES 1.0 Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model con date. 0.0 1.0 Rev -Cost Bal Ratio to Co Avg METHODOLOGY: 1. Capital fealties requirements are input to the first column as calculated in Iha model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one -time taxes/fees for one year only at full value. 3, NPV of luaus apex cap equip taxes paid in third column as calculated in fiscal Impacts. 4. NPV of future capital expenditure taxes paid in fourth cal as calculated In fiscal impacts. S. NPV of future taxes paid to bring curmM county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, oraa ratio to avg. for all rasidental development). NOTE: Proffer calculations do not Include include interest because they are cash payments up front. OEMs do Include bdarest if the protects are debt financed. 1.000 1.342 Project Description: Assumes 795,575 square feet of warehouse uses (includes 39,200 square feat of Oex tech) and 40,000 square feat of office uses on 59.71 acres zoned B3 District (PIN 44- A -75). 44 A 76A 44 A 76B Mullins Conard 44 A 76B Wilder REZ# 11 04 Adams Development Group (44 A 75) 44 A 76A 44 A 76B Mullins Conard 44 A 76B Wilder REZ# 11 04 Adams Development Group (44 A 75) 3.4 r 1 "d} !1 l .tfyt V d.. j 't I•� f y. f f y Fr g T 4 V {.J C F( t JY L n r; O� <.3 �s /r 4 r 4 c i v t X1'° 15.. c a S a' a t r r it F cJ y' r r ef k r.., J l S M.•`. ,t 4 7 h,. Y et .v F 'x ^.a dr. r r•, `�ael t i �e i. 5 F y 4y r j 44" E F 3 fide na o fri' i1 A 1 4.. i ��j 1 �r 7 1 1`a�� t+ a ar IC} lie A, ff f,�af'fh� <C ,A 'Sr� r r r Ji� rfr to /t i M '3.r 7 r v: ,,•4 r ti:. f �l j r1' r .x ;I 44• A 75A F 44' t Orndoff Mullins t r r f 5 r y ma 111 ,+R2� t• ♦O :ia �Fb}r{'' iT Y1t. 1 ryy ,5. e 1 wwwF�� jj,,�� t� :�"p•i `GO 1 JrrY t t .i "44 44U -°'7t 76 4 n i (t j� S �l''Y �1 may A 70 i' .t. 6B a Tk t w r A76 0WiIder- at Y 4T k�' Y i nWlti 'se v r a ter r i' fit• 1 t .S" R 5 Y{a� ';S '}t t t y �S i Q..• 4 ]L'� C 9 r Y y f 7� F V ,U p` cl r �.4r \4s roe` 4 o c y q q e '�a •vy x V b t T� .I� .,e !J'j� ;G e ores s r l 44 p s i c J r! f Payne \mo^ r •.�s" �/`Y\n 1"q r "at/x� e (vet p h T le Y P •fG6• F f.'r' .3 O p -v i dk Wt. y n l jy ;,s F S. r •-.9. a' f P jet "•r'R"r' 4,� `r'=+ FJi "7 __3Sss'' 1 '6y�l+ <6 r, t f J �t y r ppµ R 3 r'�.. -"is i r}•� t K%. t rf� \t`a> L �'i y N� n +.r rf >"i' tF t �4 �11 sr. 4•d I "t a z 1�fe i .'i!r 4 f t�f r °<rr,� r� /%4 `,�F` 1/2 y r PP f y .rN /Srt'4 v ie G v 10 1 4 w r e r v� Y J i4 1', 1 1 J r4 iyit 494 REZ# 11 04 Adams Development Group (44 A 75) 0 1 2 4 6 8 t� F w�ta I l l l 1 t s Miles AMENDMENT Action: PLANNING COMMISSION: August 18, 2004 Recommended Approval BOARD OF SUPERVISORS: September 8, 2004 APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #1 1 -04 OF ADAMS DEVELOPMENT GROUP 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. PDRes #20 -04 Richard C. Shickle, Chairman Gina A. Forrester Lynda J. Tyler PDRes #20 -04 This ordinance shall be in effect on the date of adoption. Passed this 8th day of September, 2004 by the following recorded vote: Barbara E. Van Osten Gary Dove Bill M. Ewing A COPY ATTEST John R. Riley, Jr. Frederick County Administrator Date Received a BOS Hearing Date j To be completed by Planning Zoning Amendme. PC Hearing Date Staff The following information shall be provided by the applicant: All parcel identification numbers, decd book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Address: 151 Windy Hill Lane Winchester VA 22602 2. Property Owner (if different than above) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Name: Adams Development Group, Inc. Attn.: Robert Adams Address: HC 34 Box 30 Bloomery WV 26817 3. Contact person if other than above Name: Evan A. Wyatt, AJCP 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to property Verification of taxes paid Telephone: (540) 662 -4185 Telephone: (540) 539 -3599 Telephone: (540) 662 -4185 Agency Comments Fees Impact Analysis Statement Proffer Statement 44 -A -2 44 -A -3 44 -A -60 44 -A -61 44 -A -62 44 -A -63 44 -A -64 44 -A -70 44 -A -71 44 -A -72 44 -A -74 44 -A -75A 44 -A -76 44 -A -76A 44 -A -76B 44 -A -76C 44 -A -76D 44 -A -89 44 -A -89A 44 -1 -D 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Adams Development Group Inc. 6. A) Current Use of the Property: Agricultural, undeveloped (59.71 acres) 13) Proposed Use of the Property: Industrial transition uses 7. Adjoining Property: Please see attached PARCEL ID NUMBER USE Residential Residential Residential Residential Residenti al Institutional church Institutional church Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Industrial Residential Commercial ZONING RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA MH1 RA MH1 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): North of the City of Wirchester, fronting on the west side of Martinsburg Pike (US Route 11). opposite the intersection with Road R oute 664 5 +20t /56n, I/ 5 1 °V tg Acres Current Zoning Zoning Requested 59.708 RA B3 59.708 Total acreage to be rezoned Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital faciliths impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 44 -A -75 Districts Magisterial: Stonewall High School: James Wood High School Fire Service: Clearbrook Middle School: James Wood Middle School Rescue Service: Clearbrook Elementary School: Stonewall Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family hones: 0 Townhome: 0 Multi Family: 0 Non Residential Lots: 0 Mobile Home. 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: 40,000 Service Station: 0 Retail: 0 Manufacturing: 0 Restaurant: 0 Warehouse: 492,500 sq ft Other: 156 875 sq ft flex office/warehouse 146 200 sq ft self storage warehouse 12. Signature: I (we), the undersigned, do hereby respectfully mace application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commissicn public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Greenway Engineering By: By: Owner(s): Adams Development Group Inc. R rt C. Adams, its President Date: *it 3 /o4-- Date: Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540 -665 -6395 Know All Men By These Presents: That I (We) (Name) Robert C. Adams, president Adams Development(Phone) 540 539 -3599 Group (Address) HC 34 Box 30 Bloomery, WV 26817 the owner(s) of all those tracts or parcels 01 land "Property') conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No.030015420 on Page 0670 and is described as Parcel: 44 Lot: 75 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) 540 662 -4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. Sin In witness thereof, I (we) have hereto set my (our) hand and seal this 9 day of 2001 i, Signature(s) Special Limited Power of Attorney County of Frederick, Virginia Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan State o f Virginia, City /County of Vie 2Y r I,. -e S54 ca, I'1.w a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, pers�on?ally appeared before me has acknowledged the same before me in the jurisdiction aforesaid this T'day oh_ p 200 i f 9 /)41-t r r)-- k„.L0 My Commission Expires: 'Th1PEM__' J 'ry Public To -wit: VICINITY MAP SURVEYORS CERTIFICATE I, EDWARD W. DOVE, A DULY CERTIFIED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA DO HEREBY CERTIFY THAT THE LAND SHOWN HEREON IS NOW IN 111E NAME OF THE ADAMS DEVELOPMENT GROUP. INC. AND WAS ACQUIRED BY THEM BY DEED FROM BROWN LOVETT. JR. BY HIS ATTORNEY -IN -FACT, CATHERINE C. LOVETT. THE DEED WAS DATED JULY 16, 2003, AND RECORDED AT INSTRUMENT #030015420 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. I FURTHER CERTIFY THAT THE SURVEY IS CORRECT TO THE BEST OF MY KNOWLEDGE. SURVEYOR STATE OF VIRGINIA COUNTY OF FREDERICK, TO -WT: 1, GREGORY R. SHAUGHNESSY A NOTARY PUBLIC IN AND FOR THE STATE OF VIRGINIA AND COUNTY OF FREDERICK DO HEREBY CERTIFY THAT T1 DAY PERSONALLY APPEARED BEFORE ME EDWARD W. DOVE, WHOSE NAME IS SIGNED TO THE FOREGOING INSTRUMENT DATED 3RD DAY OF SEPTEMBER, 2003, AND ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE AND COUNTY AFORESAID. GIVEN UNDER MY HAND THIS 3RD DAY OF SEPTEMBER. MY COMMISSION EXPIRES NOVEMBER 30, 2005. NOTARY PUBLIC BOUNDARY SURVEY ON THE PROPERTY OF THE ADAMS DEVELOPMENT GROUP, INC. INSTRUMENT #030015420 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A HOE REPORT I DATE: JULY 29, 2003 AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. SCALE: 1" 400' OWNER: THE ADAMS DEVELOPMENT GROUP, INC. W.O. D2014 FLOOD NOTE ZONE C COMMUNITY NO: 510063 PANEL: 0110 B DATE: 7 -17 -78 ASSOIATES 3078 SHAWNEE DRIVE P.O. BOX 2033 WINCHESTER, VIRGINIA 22601 (540)667 -1103 ENGINEERS PLANNERS SURVEYORS 1 OF 2 dovei nc ®visuallink.com 44 TH 1 I r x U EDWARD W. DOVE 9 CERT. NO. 54- 17 -3(A) 964 t9 i suW4 N 5529'14" DEMON= MEMO NSI. .01000N10 ID ®RA OE M3flF1NL N 53'29'14" 62.22' PAYNE O L A RUIN B OEB7) BOOK 381 PG 225 ZONED M1 USE COMMERICAL POST 242.44' S s r NNIE S T 00 0 raw L US E t RF 70'17'26 U.S. ROUTE 11 1 4060' VW VARIES RF CL OF RAILROAD TRACKS .22 SANITARY MANHOLE FENCE PARCEL B 207029.4 SO. FT. 4.753 ACRES PARCEL A 3.393,839.800 54.955 ACRES 5 76 21'26" W 73.30' S 70'36'46" W 94.54' 29'31'26 W 47.75' S 2759'06" 165.49' POST OFMil DEED BOON w FR 100N 62'08'46" W ZONED MSOMMiTW. 186.36' .43 E: USE h a' rV O 1 EMMANUE! CHURCH BOUNDARY SURVEY ON THE PROPERTY OF THE ADAMS DEVELOPMENT GROUP, INC. INSTRUMENT ¢030015420 STONEWALL DISTRICT FREDERICK COUNTY. VIRGINIA BARN RS V 7• 87 t R. WATER VALVES S 24'31'46" W 182.63 POST 0, 01 u APAC PROPERTY 01 0 m u VDH MONUMENT to CRNDOFF CHARLES W 0 DEM BOOK 415 PG 217 ZONED RA USE R'SIDEN11A1 POST MU.JJNS DEBORAH A BOOK 647 PG 310 ZONED RA USE RESIDENI'.AL WILDER ANN H DEEM) BOCK. 415 PG 443 ZC+1ED RA USE RESiDEYi+A1 OST VDH ONUMENT 35.26' S 70'58'30" E CONA.RD FLORENCE H OM/ BOOK 415 PG 490 ZONED RA USE RESIDEYDAL :EFT CORC1NY L J We 010000101 ZONED RA USE RESIDE^i1TAL THIS Is TO CERTIFY THAT ON rVLY 29, 2003 1 MADE AN ACCURATE SURVEY OF 1HE PREMISES 5H0101 HEREON, AND THAT MERE ME NO EASE- MENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. NOTES: 1. TAX ASSESSMENT MAP NO. 44 -A -75 2. CURRENT INSTRUMENT IN CHAIN CF TILE IS 4030015420 3. RE.. RERAN FOUND. RS" REBAR TO RE SET MIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT Of A TIRE REPORT DATE: JULY 29, 2003 AND D06 NOT NECESSARILY NDICAIE ALL ENCUMBRANCES ON THE PROPERTY. SCALE: 1" 400' OWNER: THE ADAMS DEVELOPMENT GROUP, INC. W.O. D2014 FLOOD NOTE ZONE C COMMUNITY NO: 510063 PANEL' 0110 B DATE: 7 17 -78 ASSCCIATES 3078 SHAWNEE DRIVE P.O. BOX 2033 WINCHESTER, VIRGINIA 22601 (540)667 -1103 ENGINEERS PLANNERS SURVEYORS 2 OF 2 doveinc ®visuc Ilink.com EDWARD W. DOVE CERT. NO. 54- 17 -3(A) 964 l `7 /i /G' O 9'10 SURV AREA TABULATION BUILDING AREA rK %9.wc, OU MH -I BUFFER LEGEND 192 500 S F ZONED r� 492,500 SF WAREHOUSE S OTHER SIDE OR R 146 200 SF SELF TORAGE 156,875 SF OFFICE WAREHOUS 40,000 OF ZONING BUFFER LEGEND CATEGORY WC FL, ACREPI ILLS SCREFN AIR Swirss il lf Fl- im DO FO DOT 20' DEDICATION FOR FUTURE RT. 11 WIDENING ro 9 orspcno 5099