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HomeMy WebLinkAbout09-12 Proffer Statement- AMENDMENT a u " - w 1776 Act"on. _ e PLANNING COMMISSION: February 20,?01;3, -- `Re- ommended,Denial BOARD OF SUPERVISORS':: " Augttsf 14,2013- D; AP „PRQVED' DENIED AN ORDINANCE .AMENDING E uZ NG TIZI F TI-I:. oral DIs. , CT MAP REZONING .4 #09 "12 OF` CLEA-,BROOK RETAIL CENTER. WHEREAS ,'rRezoiiing,409'X12.of`Cleark rook ^12etail'.Cerifer„ submrtted'by GreyWolfe, Inc: to °rezone. 14 5'3 acres from 'RA (Rural Areas),District to E B2(Bi s G tr c for CommercalReail ue,u5 eneral)Ds ; - with . proffers” dated October. 23, 20;12, "last revised,on June..5; 20x1'3, was,consi;dered The;propert'y is+ = x located" on Martinsburg Pike(Rt.11;), 700 :feeiao.uth "of the Intersect'' with Cedar Hill'_Road ,(Rte fronting Rutel:,'l, and l 8'l. The property is "further 'dentifed,wrth" P'LN _33 -A 125 in, Stonewall; • IVlag's terial District.° WHEREAS, tfie'Plan 'in C'ornmission,l eld a public?liearing: on tliisirezori ng on Janpa 2 1tA)'13, and ?' <abl`ed• the request for 45 days, and held a�"public =meeting on February 2'0,;.20.1`3;, and recommended denial: of this requesV "'d WHEREAS; 'the Board of S:uperyi!sors „held a,pubhcliearmg on thi "s rezoning ond::August 2G 5; and;, . WHEREAS' th`e Frederick 'CountyBoard- of"Siipervisors finds the'approval of this re?gnmg to be nv o , 7 - a the ;hest, m'terest'3of the °public" health, safety; welfare,.and iri conformance, with the C,mprch u "ensv " - � Policy Plan -. _ ., • . � ..” .. ,{ - ._ _ - NOW, THEREFORE,'U IT; ORDAINED by the Frederjck'C ,, ,p *'Board of Supervisors that Chapter 1,65 of`the Frederick- .County Code, Zoning -is arriened to revise =the Znmg District = =Map t H rezone 1,x:;53 acres from RA (Rural' Areas)' District to 92 (Bus ness'General) District "for Cox ms rci��a F Retail use; "; The conditions'voluntari'ly proffered i`n writing by',the apptca wAnd•the property ower�are_ ,- „- attached: _ . ` GRE � YV1/'OLFE IN'C. _ � 1073' REDBUD. ROAD 0 WINCHESTER VA .22;603 ti F „ (540) '_6:67 2001 (540,),;545- 40.0,1' FAx GREYWOLFEINC @AOL:COM ;Michael Ruddy, Deputy Planning .Director ]u,rie 17,j 2013 1 107 'North: Kent Street; sWinch_ester, VA 22601- Subject=: CI'ea ' Brook: Retail..Center Mr.•:RuddY The letter is to inform, you the application forth °e rezoning is ready, to move forward .with a public- hearing before the;Board' of SUperyisors:, Attached ;is a revised proffer statement that.offe,rs a cash, proffer in lieu of th -e Hopewell- Brucefown intersection design: Thank You, Gary _R Oates, ,LS =B, PE GrO.A Ife; Inc Rezon' ng = RZ;# 08 -11 Property; Area: `14.53' acres Tax 'Parcel- 33 -(A) -125 Record Owner: Moheb;atullah Vahidi Proj'ectNanne: Clear Brook Retail Center Orgihal Date of Proffers; April 24, -20fi2 'devised Date' Proffers: October 23,.,2012 y January, 28, 2013 June 5,1013 Magisterial District: Stonewall Pursuant to ;Section 15 2 =2296 _Et. Seq. of the Code of Virginia„ 1950, as amended,,and the provisions of "the Freder ck.County Toning- Ordinance with.respectto conditional zoning; the undersigned "owner'hereby offer the, fo'll'owing °proffers, that in the event; the Board of Supervisors of Frederick. County; 'Virginia, shall' approve Rezoning Application, #08° -12 for,rezoning; of I4:53=acres from the,AA District to General Business (B =2) 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 maybe subsequently amended - or revised by the ownovand such are ,approved by the: Board of Su " p ervisors in aecor"dance with ;the said Code and Zoning.'Ordinance. In the: event that such rezoni ng •is not granted; then these proffers shall `be deemed withdrawn h and have• no effect whatsoever: These proffers shall 'be binding° upon this owner�and, their' 1 legal successors, Heirs, or assigns:, `The ,Property is more particularly described as the land, conveyed. to Mohebatullah ' Vahidi from;Akhtei Sayef:and Gous Ahmed as recorded in the Frederick County Circuit Court ,Clerk's.Offiee asnstrum_ent #050012825 dated June 15,.2005._ Proffers: _ 1 Transportation a: Access i, Access to the :'Property from.Marfinsburg Pike ('US °'Route 1'1) shall'`be lrmited' to, ihe.inter- parcel connector :as proffered.n rezoning #01-0'6 of the O'ear Brook Business Center" The connector, = °w ill be built to VDOT.standards, iconform. to the Frederick' County" Comprehensive Plan,, and be dedicated to the County for public: use., ii. 'The.ownerherebyproffers.to enter into a�sigrialization agreerrient with VDOT forF a traffic Tight' at the entrance; ofal e; "Clear'Brook. Business Center" and, Route l l . The, light will be installed at the expense of the owner at such fime as VDOT determines it _s;,necessary;.however „no sooner, than, a: Master Development Plan has been approved. 1,. „The,Fredeiick County” C'omprehensrue Plan indicates this intersection may become. around- .about,in the future. If the traffic light° has been installed when sufficient; right of way has .been :acquired by the County, •for the round- about, then the . owner will:° PP y 1. $1.00,000 to'the construefon of the round- about, °,in lieu, oft he c light: This 00,0 will be given upon request of Frederick County,, however, ho ;soornerthan receiving, an°occupancy permit for, the 'first building constructed on the; ProperVy., b. Turn,Lane :and Pedestrian Access I, i., 'The owner herebyproffers. to .construct; a''.12' lane onto: Martinsburg i Pike,'Route -11, along the`:site road froniage. This +/ =23;7' ong lane will be:. bunt 'to VDQT'standards. This will be built;prior to receiving any final occupancy permits onsite., r l 1A ii;., The owner hereby proffers, to construct; a 10''paved.hiker%bike.tra I i l along the. Property's frontage with Route 11, and along the proposed inter parcel' road_ This will be built prior to recervmg any, final occupancy permits on site:, 2 c. inter parcel. connections i...'Upoh construction of ?the. inter = parcel' connector, with "Clear Brook: 3 ness,Center'' the owner will, allow all adjoinin , properties ari, inter = parcel :conne-cfion'viaypri ''ate ingress - egress easements through driveways 'or,travel.aisleswithin,park ng areas ,The easement locations wilh lie determined' subj ect to approval of they Frederick County Transportation Planner:;'This,`purpose of ihis.:proffer is to allow the adjoining p"ropetfies the ability -to rezone in - -the -future and.elirni,'nate their directt a_ ccess to Route 1.1 :and Cedar Hill road (Route ,672) per the Frederick, County Comprehensive Plan, and `V'DOT Access Management _ .tar dards.,Note�proffer 5:c.; d. Right of Way. and,Easement Dedication -. The owner herebyproffers t'o dedicaie io the Commonwealth of Virginia a strip of land twenty :feet (20'') in. width along: the entire, frontage4 of the Property along the Martinsburg; Pike' (Route 11) Right of Way: This.dedication will take place prior to any site, plan approval or upon requestof Frederick County: t, i'i. The, owner hereby proffers a.20' drainage,; pedestrian, and utility easement.,alorig`the'frontage of'MarfinsburgxPike, Route -11,, to Frederick County. The owner will.retain'the�right;to place the proffered split rail fence -,(see item 6 =A) a monument sign (see item 6 -C) j1hin �tl is, easement`. This. dedication will take place prior "to, any site plan approval or upon�;request of Frederick: County. e. Contributions for Road Improvements. in recognition of "off -site transportation `impacts. i. The Downer hereby.proffers $75;000 to Frederick County prior to. the first,.occup an ­ cy permit This money may be used ror Hopewell and B`rucetown Road.intersecti'onfal., I t, -onany other transportation. ri ed: as -determined; by` the 1 County., 2:G 'Fire &" Rescue.— Monetary Contributions a. The owner,he -' eby proffers'a cash',cortribution to Frederick County for Fire andnRe 'kue, purposes, of's0;TO per building square. foot to`, be disbursed to the Frederick ,County :Fire and .Rescue Department, to be; paid .prior to each final site plan,approval The term "buil'ding square` foot" =shall be the combined floo`r, area for = each story. J. The owner hereby. t,he'Average'Dai`ly Trips,sliall not exceed 55734. as presented in the accompanying Tr "aff'c Impact Analysis by `S'towe Engineering,. PLC. 4. The, owner �hereb..y,proffers that the followipg uses shall be prohibited on the Property- , "Truck Stop`s= Retail" as! ,do ned `in SIC--"5,,5 All other uses within SIC Code 55;41 are acceptablewhen'dill adjoining, properties nor longenare zoned RA. This,,does not ' apply to properties west of `I -81. or easi of Route 11. b. Adult Retail 5-. Considerations for neighboring, residential properties: a. The owner:hef0y proffers to install an additional row of 'evergreen trees' for :a :Y total" of "four rows in gall areas required to chave a "full` screen zoning buffer" per, the F'rederiek County Z'Oning, Ordinainc-e ;at ;the time "of Fsite plan approvals. b. The owner proffers 1tl at outdoor °construction, acti- vities will not begin prior 7:30 AM: and`wtItconcludeno later. than 7 30 `P.M'.; 'c. `The' owner: proffers ,an inter = parcel connection; with ihe�neighboring residential lots when those properties.are rezoned to commercial and.the�drainfreld easemehts shown .on" he .GDP ,are extinguished: 6. Corridor'Enhanc�ements to he completed by.pri'or to-the first occupancy,permit. a. The owner will. construct, a;split rail, fence along the road.frontage of R, oute 11;; i b. The owner will not all ow, parking spaces of, outdoor storage to be constructed within.500" of Route I l,." Any required fire lanes within "this area. will be grass paved'. c Tle owner wilh require each building;faade along.Route ,1, 1` to be =constructed, . of wood;; vinyl, glass, masonry, or stucco:. However,,,metal siding. will be all ©wed: within he business park and on all. sides. not, facing Route 1:1,. 4 7: The Generalized Development Plan by GreyWolfe, Iop , is °attached, to; and hereby made part of, this proffer, statement: Some aspects of this-plan to'note are: a The.preservation of the neighboring drainfield easement surrounded by a non- disturbance-bizffer. .twenty. :feet wide Tfi` s;buffer will remain in place until, such .time: as an. easement .may=be. extinguished. b. The proposed road parallel' ;to I =BI labeled Wes_ Luke Drive shown on the GDP as- depicted by tfie.2030:Frederick;County Comprehensive Plan. The�eonditions proffered; above shall be-binding;tzpon heirs;, executors, administrators; assigns a ' d-' successors, in the.interesCof the owneir4and owner. In the, 'eueni`ihe Frederick;County -Board. of Supervisors grants this rezoning and cceDts the. conditions, 'the'proffered condi on"s; shall' apply to, iha 4wrid ,rezoned in addition to other requirements set, forth 'in, the Frederick'Courif Code arid' Ordinance: Respectfully Submitted':; Ry- MI ohebawflah"VAId'I Date Commonwealth of Virginia; City /County °of To wilt_- The foregoing mstrument -w acknowledged' before `rne�this sy �r�l� { tary Pu ' �e JENNIFER RIGALT NOTARY PUBLIC_ -.. COMMONWEACTN,OFVIRGINIA_ , MY COM,MISS_ION EXPIRES JAN: 31; 2017 COMMISSION _M 7536102: 5 I T006 Sti5 (Ob5)= oii Urajpmxa g >, TOOZ,. Z99, (00 £09ZZ H/1 tiaasayiuiM T. 6ui��nsuo � t /qJy /AA /I I N o JI �. pue 6ur�(anans pue �u l :81 u ,Yoo ig Je LZA U.1 AMENDMENT Adfoh: 6MMISSION--� PLANNING C March 1, 2006 Recommended Approval BOARD OF SUPERVISORS-. March 22, 2006 APPROVED J DENIED AN ORDINANCE AMENDING THE, ZONING DISTRICT MAP REZONING 401,06 OF CLEAR-BROOK 13,SINE'S'S, CENTER WHEREAS, Rezoning 901,706 , of,clea.rbroo k Busine ss Center; subtrifttedby GreyWolfe3 Inc„ to rezone 16.:886 (RurqfAreas_)_Districtto B3,jlndustfial Transition)Distric.t:'Ailith profferswas Thi-,propeity'is'loe�ifed,on,the west si&ofRoute 11, app'roximatel.y'2,000'�tiolth,of Hopewell consi Road (Route 672),,J . ri - the is identified- by Property Identification Numbers (PNs) 3 3) -A- I 22A and -3,3 = A- 123. WHEREAS; the Planning, Corn ission1yeld a Public hearing onih is,rezoning on M arch J '., 2006; acid WHEREAS, the Boar&of`S* ervi'scirshe�lda,piibl'icheariii(,,.oiitt-illsrezon-iligon,'March 221,200 .6; And -up WHEREAS the Frederick I County Board of Supervisors, ffiids-;th& 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 ORI)AINED by the Frederick County Board of Supervisors that, County -iing Dist-Tict'Map to Chapter 165 of the Frederick Coun ,Code., Is amended to 'revise the Zoi I change 16,1886, acre's from RA.(Rural.Areas) District to B' ) (Industrial Transition) District with proffers, as described by the a plicatio n and plat s ub.mitted, subject to the attached conditions voluniarily. ,proffered in writing by theu plicant and the property owner. PI PWes #08'06 'This ordinance shall, be in effect on the date of adoption. Passed 'this 22nd day .of `March, 2006 by the "following recorded vote: Richard' C. Shickle, .Chairman Aye Barbara.E Van •Osten Aye Gary`Dove Aye Bill M. Ewing, Aye Gene E. Fisher, Aye Charles S'.. D,eHayen, Jr: AYe Philip A. Lemieux Aye A COPY ATTEST .Jo . ey, ,Frederick County Administrator PDRes; 408 -0;6 MAR 3 20, 06 Rezoning; RZ IF 01 =0.6 Prop_ erty Area: 16.886 acres Tax Parcels 33- (A) -122A & 33- (A) -l23 Record Owner:' R & J Land 'Deve" opment, L.L.C. A l' Jeffery G.. Jenkins, & Rosanna M. Jenkins AP icant Project Name:: Clearbrook Business Center Original Date of Proffers: January 25; 2006 ;Revised Date Proffers March, 29 2006 Magisterial, District: Stonewall Pursuant to'Section 15.2 =2296 Et. Seq. of the Code of Virginia, 19'5.0, as amended, ,and the provisions of the Frederick= County Zoning Ordinance with.respect to conditional zoning,. the undersigned applicant;hereby°offer thefollowing proffers that in the, event the Board of `Supervisors of `Frederick. County, Virginia; shall approve Rezoning Application #01-06 ,for. rezoning- of 16;886 -acres from the RA' District. 'to Industrial. Transition (B -3) District; dev:elopinent of the,subject property shall be done in..conformity with thetefins ,and conditionsi set.forth herein,. except to the, extent that such terms and coo if ons;may be sub 5equen ly- amended or revised by °the applicant and such are approved bythe, Board of `Supervisors. in: accordance with the said Code and Zoning' Ordinance Iii the event that such;rezoning is not granted, then these,proffers ,shall be deemed withdrawn and have no effect whatsoever. These-proffers�shall be binding upon - this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described, as the,1fands conveyed -to R J'Land Development,,LLC,`from Linda J. Vorous as recorded :in the Frederick County Circuit Court Clerk's Office 8, instrument 0500, 02818 :dated February 9, '2005, and from Junior L. Romer as recorded in the. Frederick, County Circuit, Court Clerk's Office as instrument 030022368' dated September 29„ 2003. Proffers`. A. On -.Site and Off- .site, Improvements 1.. Transportation a: Access i, hall. be t Aaess:to hied p perty from 1Vlartirisburg Pike (US Route 11) one commercial entrance. This entranceswill- provideingress and egress to all uses on this site, The,final location will be subject to VDOT review and approval once a site plan is submitted. b. Additional Lane i. The applicant hereby proffers to construct a 12' lane onto Route 11 along'the site :road frontage: This 550' :long lane will be built to VDOT'requrements. This will `be built prior fo applying,for and obtaining any building permits. c': Inter-parcel connections i.; The applicant l erebyproffers one interparcel connection -along. the northern boundary and one interparcel, connection along; the southern boundary. These roads and connections will be constructed to VDOT requirements and shown on the Master Development-'Plan. d: Signalization i., Thci applicant, R, &J Land Development, LLC, hereby,proffers to contribute a prorated share of cost of a signalization I mprovement at the,offsetiintersection,:of Route l l with Hopewell -Road (Route 672) and Brucetown:Road; (Route 672) in recognition of off-site transportation impacts. Tle:final desi,r and location of the signalization improvements w.ill`be determined by the Virginia Department of Transportation. -(VDOT, ,This agency will_ also determine when this improvement will be warranted, The applicant: shall enter °;into a - sigrializatioii agreement" with VDOT that provides a one -time contribution towards the -cost of -the si`gnalization in a prorated amount to be determined "by VDOT. The applicant also proffers; an4addrtiotial $2,500 with the prorated_ amount to be applied towards right ofway acquisition for future„ turn lanes at the intersection. VDOT will also determine, when this improvement will be warranted e. Right of WayDedication i. The iamlicant hereby proffers, to the, Commonwealth of Virginia a strip of land ten feet (10')' in width along the entire frontage of the property on Martinsburg Pike (Route 1'l).Right of way. The dedication will take place prior to site plan. approval:. 2. Monetary Contributions — Fire & Rescue a. In recognition of the increased demand on public services, the applicant here- e-by.offe s the following cash contributions to be paid at the time of building °permits. The term "`building -square foot" shall .be the combined floor area for each story. i. 'ThQ, applicant hereby voluntarily proffers a cash contribution directly to the Clear Brook Fire, & Rescue Department the following ,arnount: $0.05 per`building square ;foot ii. `The applicant.hereby voluntarily proffers _a ,cash contribution to the Treasurer of Frederick County,'Virgina; the following amount: $0.05 per building square foot 3 The. applicant; hereby voluntarily prohibits the following`uses a. SIG5541 - ",Gasoline Service Stations" Automobile service stations - retail ii, Filling Stations, gasoline - retail iii. Gasoline and Oil_ Retail iv: Marine service stations' - retail v; ,Service Station., gasoline- retail vi. 'Truck stops- retail b. SIC 4231 —"Terminal and JointTerm nal Maintenance Facilities for Motor Freight Transportation c. SIC 4741 "Rental of Railroad Cars" �d. SIC 5231 "Paint, Glass,, and Wallpaper Stores" e SIC 5271 "Mobile Home Dealers f SIC '79'— "Amusement and recreational :services operated.indoors "' 4.. The applicart hereby-proffers to 11111 it, total building- square footage -for SIC 42 "MotorFreight Transportation and Warehousing" and SIC 47 "Transportation Services" to a, combined total of.20;000 square feet or less. 5. The applicant hereby.proffers .to limit the total' building square footage for SIC 52 "Building Materials, ''H:ardware, Garden Supply, Mobile: Horne, Dealers and Retail Nurseries" to a combined total 2.0;000 square feet or less. 6: The, applicant hereby, voluntarily, prohibits the combined: building floor area not to exceed 1'28,00;0 square feet on this site. The applicant further;prohib ts. that,a "restauranvuse:" as defined by,S'TC 581 shall not exceed 8',000 square" feet of the 128',000:square.feet of the building combined floor area, 7. The applicant hereby proffers a "Full .Screen "buffer, as defined by,the Frederck:County Zoning Ordinance, plus an additional.,row of evergreen_& trees for a total of four rows:to be placed along. anyneighboring parcels zoned RA with a resi'denti'al use at the time of site-plan approval. 8. The applicant hereby proffers the following, corridor enhancements along ^the :road frontage. of Route I l,'Martinsburg Pike: a.; The� applicant will construct a, split rail fence talong the road frontage:, b'. The applicant will not allow any parking lots to We constructed, between the buildings ands Route 11, This applies only to the buildings ,nearest to RO, teA I and:not inside the park.; c:, The applicant will, erect a sing_ le monument style sign with'the park's name and list; of tenants. The applicant will not :install any signs between the buildings and Route 11 other than this one monument sign. fi G d The:condit ons°proffered above shall'be binding'up"on fieirs , executors; adrn r istrators, assigns, ",arid successors in the interest of the applicant and owner. In the 'event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions; the.proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: R & J ;Land Development, LLC By: , b f r Q, eins ate Je : o, nM. Je � s Date Commonwealth of Virg'i'nia, GifyjCounty of C,�- To Wit: The foregoing instrument was ;acknowledged before me this 3 day of c . 2006 -t Rezoning: RZ # 08 -12 Prop_ ert'y: Area; 14.53 acres' Tax Paree1,:33 -(A)' -125, Record.Owner.: Mohebatullah Vahid. Project'Name: Clear Brook Retail - Center Original;D,ate ofProffersa April 241`20'12. -' Revised Date Proffers: October 23;'2012' '. January 28,=2013 Magisterial Districts Stonewall ,b Pursuant. to Section 15.2' - 229.6 Et. ,Seq. of the Code of Virginia, 1950; as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned ;owner hereby offer the following proffers that in the, : event the Board of Supervisors of Frederick County shall approve Rezoning: Application 90842 for rezoning of 14.53 -acres from the RA District to General Business: (B -2) District, developtnent of the subject property ;shall.be done in conformity with then ' :ter -ms and conditions set -forth herein except to the extent that such terms and conditions - may be subsequently amended or revised by the owner and, such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the g g. p event that such rezoning is °not ranted then these -� roffers sha 1 e � e.errie -wit raven , g p _nd have no effect whatsoever. These proffers shall. be binding, upon this owner and a p _ their, ° legal successors, heirs,-or assigns. The, Property is more particularly described as the land conveyed to Mohebatullah Vahidi from Akhter Sayef and Gous:Ahmed as.recorded in the'Freder'ick County Circuit Court Clerk's Office as instrument: #050012825, dated June 15, 200'5. Proffers: 1;. Transportation a. Access i. Access to the Property from Martinsburg Pike US Route. 11 shall be limited' to -the: inter-parcel connector as proffered in .rezoning #01 -06 of the "Clear Brook Business Center The connector will be built to VDOT standards, conform to the Frederick County Comprehensive Plan, and he dedicated to the, County for public use. ii. The: owner hereby proffers to enter into a signalization agreement with. 'VDOT for a traffic light at`the, entrance of the "Clear Brook Business Center" and Route I L The light; will be installed at -the:expense:of the owner at such time as VDOT determines it is necessary ;, however, no' sooner than a Master Development Plan has been approved.. 1.. The Frederick Coaiity .Comprehensive Plan. indicates, this intersection may'become a round -about in the future. If the: -, traffic light, has not been installed when sufficient right of way has been acquired by the County for the round- about, then the owner will apply $100;000 to the construction ofthe.round about; in lieu of the traffic light. This $100,000 will be given p 9 y� h upon request of Frederick Count However, no sooner than .' _ - receiving, an .occupancypermit for: the first building constructed on the Pro ert p . y.. b. Turn Lane ;and. Pedestrian Access „- i:, The owner hereby proffers to construct a 12' lane onto Martinsburg >' Pike; Route 11,, alongE the "site road frontage., This + /- 237'_.lOng lane" will be, built to VDOT standards. This will be, built prior 6 receiving any final occupancy permits on situ. ii., The .owner.hereby ,proffersAo construct a 10' paved.'hiker/bike,trail along the Property's frontage with Route 11 and: along the proposed inter- parcel ;road. This will be built prior, to receiving any -final occupancy permits on site. A _ c. Ixterparcel connections i.. Upon construction of the inter- parcel connector with "Clear Brook,. " Business Center ", the owner will allow all adjoining properties an inter - parcel connection va.private ingress- egress easements through driveways or travel aisles within parking areas. The easement locations` will be determined subjectto approval ofthe Frederick ,County Transportation Planner. This purpose of this proffer is to allow'the adjoining properties the ability to rezone in the future and, eliminate their direct. access` to Route 11 and Cedar Hill road (Route 672) 'per the Frederick :County Comprehensive ;Plan and VDOT Access Management: Standards, _ d. Right.of Way and Easement Dedication i. The owner hereby proffers to dedicate, to the Commonwealth of Virginia a strip of land twenty feet (20') in width along the entire frontage of the Property along the Martinsburg Pike (Route, 11) kght,� of Way. This, dedication will take place prior to any site plan approval or upon request of Frederick County. ii:, The owner hereby proffers a 2;0' drainage; pedestrian, and,utility _ eas6 ent along`the frontage of Martinsburg Pike, Route '1=1, to Frederick County. The owner will .retain the - right to place the: ` proffered split, rail fence see item 6 -A and monument. sign, (see `item 6 -C) within this easement. This dedication will take' place prior to,any- site° lan a royal or a on re hest of.Frederick'Count p pp p q; y.. Contributions for Road Improvements in recognition of off -site transportation; mpacfs: The engineering services will begin prior to the approval of first site. plan or upon request by Frederick County, whichever comes first,, and 'be : - ,completed within 36 months.: i. The owner hereby_ proffers to present the "County with a Transportation Feasibility _Study and Engineered Road Plans for the realignment of Brucetown _and Hopewell Roads: (Route 672) at Martmsburg'Pike,. The design will extend 300' south on Martinsburg Pike- from the intersection with. Hopewell -Road, and be bounded by the Interstate Ramps to the, west; Winchester and Western Railroad to the .north and the Clear'Brook Fire Station to the east, and is subject to approval by VDOT. A diagram of this area for the intersection design his attached and, labeled as exhibit , 'A "� 2. Fife : &'.Rescue — Monetary Contributions a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of,$0.10 per building square foot-to be disbursed to the' Frederick: County Fire and Rescue :Department, to "be paid prior to each final site plan. approval. The- term "building'square foot" shall be the combined floor area for each. story. 3. The owner hereby proffers that the Average Daily Trips shall not exceed 5,734 as presented.in the ,accompanying Traffic Impact Analysis by' Stowe Engineering, PLC. 4. The owner hereby proffers that the followin uses _shall be prohibited on the Property: g 'a; "Truck Stops- Retail," as defined,in SIC.5541, All other uses within SIC Code: 5541 are acceptable when all adjoining properties' no 10nger are zoned RA. This does not apply to properties west of 1 -8`I or east of Route IT, b. Adult: Retail 5. Considerations for neighboring, residential properties: a.. The owner. hereby proffers to install an additional row of evergreen .trees _for a; total of four rows mall areas required to have a full screen zonir buffer':. 4 - q g per the Frederick County Zoning Ordinance at the time of site plan approvals,. b. The owner proffers that outdoor construction activities will. not begin prior 7 :30 AM and will conclude no- later than 7:30 PM. c, The owners proffers: an inter - parcel connection with the nei`ghbor'ing, residential lots when those properties are rezoned to commercial- and the drainfield easements shown on;the GDP are extinguished, 6. Corridor Enhancements' to be completed by prior to the first,occupancy permit: a The owner will construct a split, rail fence along the road ,frontage of Route 11. , - ba The owner will not allow any parking spaces or outdoor.storage to;be .... constructed within 50' of Route 1J, Any required fire lanes within this: area, will be,grass paved. c. The owner will require each building facade along Route 11 to be constructed of wood, vinyl, .glass,: masonry, or .stucco. However, :metal siding will be allowed within the business park and on all sides not facing Route 11.: 4 _ I The Generalized Development Plan by GreyWolfe; Inc., is attached to; and. hereby made'part of ;4his.proffer statement. Some aspec "ts of,this plan_to note are' a. The preservation iof `the neighboring drainfield easement surrounded by a non- disturbance buffer twenty feet wide. This `buffer wi tremain in place until such time as an.easement may be extinguished. b. IThe proposed road parallel to 1 -81 labeled Wes -Luke .Drive shown on, the . GDP as depicted by the 2030 Frederick County Comprehensive' Plan., , The conditions proffered' above shall be binding t[pbft heirs, executors, administrators, assigns, ,and successors in the interest of th&° owner and owner. In the event the Frederick County Board' of'Supervisors grants this' rezoning and accepts the conditions, the profferedconditions shall appty to the land rezoned in'additon,to other, requirements set forth iri the- Frederick County Code and Ordinance: Respectfully `Submitted': ,Bv 3� Mohebatullah Vahidi, Date Commonwealth of Virginia;; City /County .of j To Wit! I I �9 •. The foregoing instrument was acknowledged before me, this3a7•�day!of ; 20 By a c fill, W� k�'r /Di Not aTLy 116 My. Commission Expires i, r 3'�' f Miha moinipanah s wsa Notary Public oe Commonwealth of�Vir9i,.is,.� zo,. -tee My Commission Expires lL 1 r4av pO0 Commissfon,ID #,337159 i Re "zoning; RZ # 1}q; -12 Property:' Area: 14.53 acres Tax Parcel 33 -(A) -12.5 Record Owner: Mohebatullah Vahidi Project Name: _ Clear Brook Retail Center Original Date of Proffers: April 24, 2012. Revised Date.Proffers: 'October,23,�2012 Magisterial District: Stonewall Pursuant to Section 152 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve; Rezoning Application #08 -12 for rezoning of 14.53- acresfrom the RA District to General Business (B -2) 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' owner and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn, and have no effect whatsoever. These proffers shall, be binding upon this owner and their legal successors, heirs; or assigns. The Property is more particularly described as the land conveyed to Mohebatullah Vahidi .from Akhter. Sayef and Gous Aluned as recorded in the Frederick County Circuit Court Clerk's Office as instrument 4050012825 dated June, 2005. 1 Proffers: L, Transportation a. Access i, Access to the Property from Martinsburg Pike (US Route 11) shall be . limited to the inter- parcel connector as proffered in rezoning #01 -06 of the "Clear Brook Business Center ". The connector will be builtto VDOT standards, conform to the Frederick County Comprehensive Plan, and be dedicated to the County for public use. ii. The owner�hereby proffers to enter into a signalization agreement with VDYOT for a traffic light at the entrance ofthe "Clear Brook Business Center" and Route 11. The light. will be installed at the expense of the owner at such time as VDOT determines it is necessary; however, no sooner than a Master Development Plan has been approved. L The Frederick County Comprehensive Plan indicates this intersection may become a round -about in the future.. If the traffic light has not been installed when sufficient right of way has been acquired by the County for the round- about, then'the owner will apply $100,000 to the construction of the round- about in lieu of the traffic light. This $100,000 will., be, given upon request of Frederick County; however, no sooner than receiving an occupancy permit for the first building constructed on the Property. b. Turn Lane and Pedestrian Access i. The owner hereby proffers to construct a 12' lane onto Martinsburg Pike, Route 11, along the site road frontage. This +/ -237' Tong lane . will be built to VDOT standards. This will be built prior to receiving any final occupancy permits on site. ii. The owner hereby, proffers ,to construct a 10' ,paved hiker /bike trail . along the Property's frontage with Route 11 and along the. proposed inter- parcel road. This will be built prior-to receiving any final occupancy permits on site. 2 c. Interparcel connections i. Upon construction of the inter= parcel connector with "Clear Brook Business Center ", the owner will allow all adjoining properties. an inter- parcel connection via private ingress - egress easements through driveways or travel aisles within parking areas. The easement locations will be determined subject to approval of the Frederick County Transportation Planner. This purpose of this proffer is to allow the adjoining properties. the ability to rezone in the future and eliminate their direct access to Route 11 and Cedar Hill road (Route 672) per the Frederick County Comprehensive Plan and VDOT Access Management Standards. d. Right of Way and Easement Dedication i. The owner hereby,proffers to dedicate to the Commonwealth' of Virginia a strip of land twenty feet (20') in width along the entire frontage of the Property along the Martinsburg Pike (Route I f) Right' of Way. This dedication will take place prior to any site plan approval or upon request of Frederick County. ii. The owner hereby proffers a 20' drainage, pedestrian, and utility easement along the frontage of Martinsburg Pike, Route 1.1, to Frederick County. The owner will retain the right to place the proffered split rail fence (see item 6 -A) and monument sign (see item 6 -C) within this easement., This dedication will take place prior to any,. site plan approval or upon request of Frederick County. e. Contributions for Road Improvements in recognition of off -site transportation impacts. The engineering services will begin prior to the approval of first site plan or upon request, by Frederick County; whichever comes first; and be completed within 36 months. i. The owner hereby proffers to present. the County with a Transportation Feasibility Study and Engineered Road Plans for the real'i'gnment of Brucetown and Hopewell Roads (Route 672) at Martinsburg Pike. The design will extend 300' south on Martinsburg Pike from the intersection with Hopewell Road, and be bounded by the Interstate Ramps to the west, Winchester and Western Railroad to the north and the Clear Brook Fire Station to the east, and is subject to approval by VDOT. A diagram of this area,for the intersection design is attached and labeled as exhibit "A ". 2. Fire & .Rescue — Monetary Contributions N• a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building, square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. The owner hereby proffers that the Average Daily Trips shall not exceed 5,734 'as presented in the accompanying. Traffic Impact Analysis by Stowe Engineering, PLC. 4. The owner hereby proffers that the following uses shall be prohibited on the Property: a. "Truck Stops - Retail" as defined in SIC 5541. All other uses Within SICCode 5541 are acceptable when .,all adjoining properties no longer are zoned RA. This does not apply to properties west of I -81 or east of Route I'l b. Adult Retail 5. The owner hereby proffers to install an additional row of evergreen trees for a total of four rows in all areas required to have a "full screen zoning buffer" per the Frederick County Zoning Ordinance at the time of site plan approvals. 6. Corridor Enhancements to be completed by prior to the first occupancy permit. a. The owner will construct a split rail fence along the road frontage of Route I L b. The owner will not allow any parking spaces or outdoor storage to be ; constructed within 50' of Route I L, Any required fire lanes within this area will, be grass paved. c. The owner will require each building facade along Route 11 to be constructed of wood, vinyl, glass, masonry, or stucco. However, metal sidingwill be allowed within the business park and on all sides not facing Route l l . 7. The Generalized Development Plan by GreyWolfe, Inc., is attached to, and hereby made part of;: this proffer statement. Some aspects .of this plan to note are: a. The preservation of the neighboring drainfield easement surrounded by a non - disturbance buffer twenty feet wide. This buffer will remain in place until such time as an easement may be extinguished. b. The proposed road parallel to I -81 labeled Wes -Luke Drive shown on the GDP as depicted by the -2030 Frederick County Comprehensive Plan. 4 The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and owner. In the event the Frederick :County Board of Supervisors grants: this rezoning and accepts the :conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By: 01 Mohebatullah Vahidi Date Commonwealth of Virginia, City /County of 1_}/,eFA X To Wit: The foregoing instrument was acknowledged before me thin day of 'By. otary P tic My Commission Expires Min a Moinipana h mNotary Public .... Commonwealth of it M Y commission Epires i missio670# � • - - 337159 5 Rezonrigc Property,,,,: Record Owner-.,- %Project, Name :. Original Date of P.r`offers;: Revi'sed.Date Proffers;; Magisterial Distr:`ct; RZ #`0842 Area 14:53 acres Tax P 'arcel 33` -(A) -,125 Whebatullah Vahidi Clear Brook;.Retail Center April 24, ;2,012 October 23, ,20:12 Stonewall Pursuant to Section 15 2 -2296 Et_ S,eq. of the Code of Vit -phia, -1950, as amended, and the ,provisions of'the: Frederick County Zoning OOrdnance with respect to conditional _zoning, the undersigned owner hereby° offer the following. proffers that: in the event the Board of Supery sors'of.Frederu* County, Virginia, shalLapprove.Rezon ng w.. Application #:08'42'T& rezoning of 14.53 -acres from the RA DistrictA-0 General Business (B -2) District;, development of the subject property shall �be done in °conformity with the: terms and conditions set forth herein, except to the .exterit that such "terms and conditions ;rna ' be subsequently-ainended',or revised."by the owner: and such' are approved by the .Board of�Supervisors, in accordance,with the said'.Code and, Zoning Qrdi- Hance. In the event, that, such rezoning is not; granted, then these,proffers shall'be deemed withdrawn and;have. no effect;wha`tsoever. These proffers shall be binding upon this` owner and their legal successors, heirs, or` lassigns.. The Property is more particularly described, as the,, land conveyed to, Mohebatullah Vahidi from Akhtet Sayef and 6.04s Aluned as recorded in the, Frederick. County Circuit Court Clerk is< Office. as.; nst"rument' #Q50012'825 dated `June L5,, `20,05:., . fr Proffers:' _.- Transportation a. Access " i.. Aceess :to "the Property from'MA . insburg, Pike (US ,Route 1.1) shall be limited to the'.inter- parcel corinector:as proffeied'in,rezon -g #01 -06 of the. ".Clear Brook Business Center" The: connecfor. will be ,built to VDOT standards;, conform to the ,F edeenck County Comprehensive Plan, .and b,e dedicated to -the County Tor public use. ii. The ownerhereby proffers fo entet :into,a ,,' i'gnalization.agreement with VDOT for a traffic Tight at the;.entrance bfthe "Clear Brook Business. Center? and Route 11. Tl e light will be installed; at"eflie expense of the, owner at.such.trme as VDOT deterrniries rt senecessary; however; no sooner than a Mater D"evelopmeni Plan hasbeen approved. 1.. The Frederick County, Comprehensive;Plan,indicates this intersection may become around, about, in ,the Tuture. If�the traffic light has not been in "stalled when `sufficient right of way has been, acquired 'by the: County for. the round - about,, then the owner will apply $ 400000 to the construction of the round- about ;in lieu, of .the traffic light. Thist ,10.0;00:0 will be, given upon.'request of Frederick County;; however,, no sooner- than receiving an occupancy permit f - r, the- first: buifdiiig constructed on the Property: 1 b. Turn Lane and Pedestrian Access The owner hereb roffers to: 'lane onto Martinsburg y p construct a 12' i �Pike;,,,Routep,l 1,; -along the site road frontage. This ±1 237' ong lane will `be; bui'l't to V'DOT "standards:: This will be'built­prior to receiving !any•final occupancy permits on Site. The :owner hereby proffers to. construct a ,10' paved hiker /bike °trail alongAthe Property's frontage with Route, l 1 and along the proposed ;inter = parcel road.;This will be ;built prior t6.receiv-ing any final occupancy-permits on site. C. Interparcel connectiods i. Upon, constructioi of the inter- parcel 'connector wit h "Clear Brook Business Center ", the, owner will allow all adjoining, properties an inter- parcel connection: via private .ingress - egress, easements through driveways or'tr "ay:el' aisles within parking` areas: The; easement locations will be deterrnmed, subject toi approval of thel rederick, County PdineThis purpose of this.proffer' s to allow the Transportat on,l adjoining,properties the, ability to rezone in the. future and eliminate their direct ;access to 'Route 1.1 and Cedar I'Ii11. road: (Route 672) per the ;Frederick County Comprehensive Plan and.VDOT Access Maiiagernent Stand'ard's., d. Right of Way;and Easement Dedication r . i. The- owner hereby proffers to dedicate `to the Coininoriwealth ,of -, Virginia a strip of land twenty ,feet (20 ?) in width along the entire -- _- zfrontage of the Property along the Martinsburg Pike (Route .1) Right i c � +, of Wa_y. This dedication will take place prior to any site plan approval °'�> or.. ponxequest of Frederick° County. LO . ii. The owner hereby proffers a 2Q' drainage, pedestrian, and util °ty } easement along the frontage, of'Martinsburg, Pike, Route a;l, to fro Frederick .County. The owner will retain the right to place the ,�.. proffered 'split,rail fence (see` item 6 -A) and- monument: sign (see item 6-C) within this easement.. This dedieation.will take , ' py ce prior to any plan Eapproval �or upon request of Frederick Count . e. Contributioh5 fdfl Road Improvements in I recognition of off site: transportation impacts. The, engineering; services will begin prior to the approval of first site plan or upon:request by Frederick County,- whichever comes first, and be completed within, 6 months. / _.. r. The owner hereby`proffers to present the County with a Transportation Feasibility: Study and Engineered Road Plans for the realignmeilt`of (Route 67 Brucetown -and .Hopewell. Roads 2), at Martinsburg Pike. The a g- _,,w xtend 300' south on Martinsbu Pike from the desi n g ., intersection with Hopewell Road, and be bounded. by the Interstate Ramps to the wes "t; Wincfiester.and Western Railroad to the,north,and the Clear $rook Fire Station to, the east,,and'is subject to approval by 4 - VDOT A diagram of this area =for the intersection design. is •attached' �- - and aabeled as exhibit, "A ". 1 Fire & Rescue — Monetary Contributions a. The owner hereby proffers a cash. contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building.square'foot to be disbursed to the Frederick.Countv- Fire and Rescue Department, to be,paid`.prior to each final site plan approval. The term "building square foot" shall be�the combined. floor area for each story _. The owner hereby' proffers that, the'. Average Daily Tripsshall not :exceed' 5',734 as presented. in the accompanying Traffic Impact Analysis by Stowe Engineering, PLC. 4. The.owner hereby proffers-thatAhe, following uses shall 'be prohibited on, the Property: a. "Truck Stops- Retail" as: defined in SI'C 5541. All other: uses within SIC Code 5541 are acceptable °when all adjoining properties no longer are zoned. RA. This does not apply'to properties. west of I -81 or east of Route 11. K Adult Retail 5. The °.owner hereby proffers"to install" an..:addid6nal row,of evergreen; trees for a total of four rows in all areas ,required to, have a "full screen zoning buffer" per the Frederick County Zoning Ordinance at the time of site plan approvals. 6. Corridor Enhancements to be completed by prior to the first occupancy permit. a.. The owner will construct a split rail fence along the road .frontage of Route 11. b. The: owner will not allow any parking spaces or outdoor storage to be constructed 'within. 50" of 'Route, .11. Any.required .fire lanes within this area will be grass paved; c.. The owner will require each building fagade along, Route .11 to be constructed of wood, vinyl, ,glass, masonry, or stucco. However, metal siding will be . allowed within the business park and on all sides not facing Route 1 L. =_ 7`. The "Generalized Development Plan, by GreyWolfe, Inc., is attached to; ;and hereby made part of, this proffer statement. Some aspects of this plan to note are: a. 'The preservation of the neighboring drainfield easement surrounded by a non- - disturbance buffer °twenty feet wide. This buffer will;remam in place until .such time as= an easement may be extinguished b.; The:proposed road parallel to 1 -8`1 labeled Wes -Luke. Drive shown on.the GDP' as depicted- by the 2030 Frederick County Comprehensive Plan. t 11 The; conditions proffered aboye shall be binding. upon h_ eirs, executors, administrators,, assigns, and successors in the interest of the owner and owner. In the event the Frederick. County Board of Supervisors, grants this :rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned, in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: Mohebatullah Vahidi Date Commonwealth of Virginia, City /County of�j /?c To Wit: The foregoing instrument was, acknowledged before me thi day of 20LLX BY otary P1 lic My. Commission Expires' — Pv na'Moiripan h Not Public y Com^�onyyqulth!oi .ir a.� ar.PO Commission IDN'337,159 1 - - -- -- - -_ - -- _--- -- - - -- - -- -_. :_ - - -- -- - --- -- - - - - -- � I i I !( I \ 7 I ON-RAMP ENoRTHBOOND ! / :FUTUR / 7 / _ / ! L-- De very I I ci Orndoff 1 --------------- _ l_ -_ - - -- Fk a _C Q ca V Q� O L v a1 ". Z, c b C 0 p p C � o m Cn b a! v Q) In °cam 3 Q� O Q� N rt L. DATE: 5 -7 -12 SCALE, 1' =200' DRAWN BY: GRO 30B.W -- #0171 4 1 GREYWOLFE, INC. , �', __ A„� - 1073 REDBUD ROAD • WINCHESTER, VA 22603 ����-- -�r (540) 667 -2001 • (540) 545 -4001 FAX �, I GREYWOLFEINC@a AOL.COM ,ll Mr. & Mrs. Mark Regan January 8, 2013 . 2000 Cedar Hill Road Ciea_r Brook, VA 22624 Re: Rezoning at .3683 Martinsburg Pike Mr. & Mrs. Regan, The above - referenced rezoning application was presented before the Planning Commission on January 2 and has been - tabled until the February 20 meeting- At- the January meeting,, there was some confusion between the Traffic Impact Analysis and the Proffer statement.. But both documents were correct, and the Commissioner was misreading the figures. This item has been satisfactorily resolved with the County. One of the concerns raised by the neighbors was desire for all of the parcels to be rezoned at this time. 'My client offered to do this for you on July 19, 2011, but the neighbors collectively rejected this offer. My client cannot afford your alternative counter -offer of the purchase of your properties at four times their appraised value or to rezone your property and pay the increased real estate taxes, connecting your homes to public water and sewer, and pay your utility bills and connections fees. In my meetings with the .neighbors, a question was raised,,about the covenants on your parcels that restrict business uses. ,I contacted Mr. Martin, as requested, and he agreed to-join the neighbors in Lifting the covenants. My client's property is not a party to those covenants and he has no ability to remove them for you,,. There was also a question about access 'to public sewer and water; The main lines are on Route 1.1 and my client will connect to them with service laterals. Since .: this project has been reduced by 50% from the previous rezoning, a large sewer pump station will not be built. The individual sewer laterals planned within this development cannot' be accessed by others per the standards and requirements, of the Frederick County Sanitation Authority.. I have provided you a copy of the Generalized Development, Plan and the Proffer Statement in the past will gladly send you copies again if you would like. My offer to meet with you and, your neighbors individually or as group still stands. -- '.Thank you, Gary R. Oates, LS -B, PE GreyWolfe, Inc 1A- RESOLUTION Action: -BOARD OF SUPERVISORS: January 9, 2013 APPROVED ❑ DENIED ❑ DIRECTING STAFF TO UNDERTAKE A SWSA EXPANSION STUDY TO EVALUATE LAND, IN_ THE VICINITY OF THE LIGHT PROPERTY, NEAR THE INTERSECTION OF WOODBINE AND WOODSIDE, ROADS WHEREAS; The Light family owns approximately 400, acres; near the intersection of Woodbine and Woodside Roads, adjacent to the Winchester Western Railroad. The-parcels ate: identified by Property Identification Numbers 34 -1 -A, 34 -A -613, 34 -A -7, 34-A,8A, 34- A -129A, 34- A -129E, 34- A -129F, 34- A -129G, and 34 -A -1291, in the Stonewall Magisterial, District; WHEREAS, The properties collectively are designated in the 2030 Comprehensive Plan for various types of business development land uses, yet only a portion of the properties are located within the Sewer and Water 'Service Area (SWSA). To most effectively develop the properties ,and expand the industrial tax base, Jt is desirable to enable access ,to the: public 'water and sewer system; WHEREAS, The request for consideration of this Sewer and Water Service Area (SWSA) expansion was sponsored -and presented to the Board of Supervisors by the Stonewall Magisterial District Supervisor on December 112, 2012; and,, WHEREAS, The Board of Supervisors., supported the Stonewall Magisterial - Districts Supervisor's request to place a Resolution on the next available Board of Supervisors' agenda; NOW, THEREFORE, BE IT ORDAINED that the Board of :Supervisors directs the Planning Commission to study and return to the Board of Supervisors a Comprehensive Plan study; specifically pertaining to the Sewer and Water Service.Area, and regarding an expansion of the SWSA to incorporate Property Identification Numbers 34 -1 -A, 34- A -6B, 3 <4 -A 77, 34 -A -8A, 34- A- ;129A; 34-A =7 29E, 34- A -129F, 34- A -129G, and 34-A- 1'29J.- Passed this 9 °i day of January 20`13 by the following recorded vote: Richard. C.. Shickle, Chairman Gary A. Lofton Bill M. Ewing Charles S. DeHaven, Jr . Gene E. Fisher Christopher E. Collins - r A, COPY ATTEST John R. Riley, Jr. Frederick,Couniy Adnii'iiistrator