HomeMy WebLinkAbout01-13 Proffer Statementi5
4tiG G,`
CO
0
_ �{ RESOLUTION
PLANNING COIVIMI'SSION: February12,0, 2013. - Recommended Approval
BOARD OF SUP 2
PERVISORS:. March 13, 29'13,. APPROVED. D'ENIE'D
r AN NCE AMENDING
J ORDINA
THE° ZONING: DaISTRICT MAP
RE'ZONING401-13 PROFFER REyhSION OF WOOD,SW CO1VIlVIERCIAL
- CENTER
WHEREAS; Rezoning #01 -13 Proffer. ;Revision of, Woodside Commerciat Center.; submitted by
Silver.Wolfe; LLC; toYreuise the °;proffers associated with Rezoning.# 18 =06 relating,to the "Transportation
p p y -sid- ed. The, proffer revision, originally dated
se`,ction of the , roffers, s. ecifi'eall Proffer' `1 e , was con
March 15 2007; with final revision dated° January 28, 29:13, is replacing the previous1 y. proffered design,
and pliotograpliy service prior�to the first s`te °plan wrth'a;monetary contribution m;tle `amount¢of$75,,000 =
'' ' ` rice of an occu anca , ermrt The property is located on.the:east�side ,
r;road improvements, prior to rssua p y p
fo
of Route 11 acid `3;000 + /.= feet north of Hopewell Road, (Route 672), also known. as Exit 32,1 of Interstate
81
Prop caioNm-A 124A inthe Swa111Va D y 3ie f
WHEREAS, the`Planning `Commi'scion;l eld' a'pubhcrmee't ng on.this,re'zoni'ng on:February'20, 2013'
arid wforwafded'a,t commendation of'approval and
x g
WHEREAS;.theIBoard of Su ervisors held a ubhc rneetin 'on this rezon ng,on.March 13, 20`13, and
WH- EREAS, thefrederick Qouhty._Boafd'' of Supervisors finds'the approval of tli "is °re "zoning to bb in
the best - interest of the public ;health', safety, w.elfare;, and in_ conformance with. the "Comprehensive
Policy Plan;,
NOW, $THEI2E'FORE, BE IT ORDAINED by theFred'er-ick 'County Board, of Supervisors that
Chapter 165 of th_ e Frederick Courity;Code `Zoning, £is amended to revise the proffers associated ,with'
Rezoning O 9- D&xelatirig. "to_the "Transportation "' "section of the proffers, spe6Mcafly Proffer l.e The
r proffer rey'sron, ;ong'rnally dated March L final re'vi`sion dated January'628, 2013, is
5,, 20Q7 with f
replacing, the previously proffered design _and photography'ser_vice. prior to the 'first site plan with a,
_ =.rnor etary.,contributiorr
in, the. am rit of ;$7,5,000 for-road improvements; prior to issuance of an.
occupancy., permit:,
PDRes W07 =13'
CD
This ordinance shall be in effect on the .date of'-adopt n..
Passed this 1. 3,Ith day of March, 20113 by'the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Aye, Nay
Robert A Hess Bill M. Ewing,
Gene E. Fisher- Aye Charles. S..DeHaven, Jr: Aye'
Christopher E. Collins Aye
A COPY ATTEST
John Vley, `J
Frede County Administrator°
)VIRGINIA: ER. 1)06U COUNTY.SCT:
This instrument of wiiting'm a9 produced to me ou . .
-�/ /3 at
and with certificate acknu \vf'eloement;thereto annexed
was admitted to record Tax j',1,, osed, by See..58:1 -M of
and 53.1=801. have.been p aid, 'if =ss
aessgbh
Clerk
CrN
Proffers: _
L. Transportation..
a,. Access! ..
•
i s .Access to this property from Martinsburg Pike ,(US Route, 11)'shall be,
limited 'to one commerc-'ia1_entrance. The final location will be subjIect
to VDOT review and a royal once a site plan is submitted:,
ii, Access to this property ,from Woodside Road ' Route 671). shall be
limited to a maximum of two; commercial entrnces. The;final
-' locations will be subject to V:DOT'review ^and approval once site plans
are submitted. Turn. lanes and tapers for these entrances will be built as
required by VDOT:
b., Additional Lanes
i" The applicant hereby .proffers `to construct a 1`2' lane onto Martinsburg
Pike, Route 1.1, along they site road. frontage. This ,+/--650' long lane'
will be'bu'lt °to VDOT requirements:, This will be built;prior to
;receiving any finaloccupancy permits on site.
-hereby p- ff additional _l 0.' strip: of
11. 1
land to the Commonwealth of V i d r g i n i a , a n d to pave a 12' lane along
the entire:frontage of Woodside Road, Route 671, when the traffic -
Y Y day or :upon
request u rbmFheder project k Count reaches or exceeds 2,815 trips per
=
c..! Interpateel connections,
I. Upon construction of a. state approved entrance onto Martinsburg Pike,
Route I.I. , the applicant hereby proffers to .designate one iritef- parcel =
connection along, the southern boundary.. ,
d. Right of Way and. Easement Dedication tt
_ i. The applicant hereby proffers to dedicate 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 11) Right of Way. The
applicantals "o proffers to the Commonwealth of Virginia a strip of
land twenty =five (25`') in width from the centerline of Woodside Road
(Route 67 1) along the entire frontage of the property. These
dedications will take place prior to,site ,plan approval..
_
2
O
O
N
-...f
if. The applicant hereby proffers a 20' drainage, pedestrian, and utility
easement along the frontage of Ma.rtinsburg Pike, Route 11, to
Frederick County. The applicant will retain the right to place the
proffered split rail fence (see item 7 -A) and monument sign (see item.
7 -D) within this easement.
e. Contributions for Road Improvements in recognition of off -site transportation
impacts.
i. $75,000 to Frederick County to be paid prior to the first occupancy
permit.
2. Fire & Rescue — Monetary Contributions:
a. The applicant hereby voluntarily proffers a cash contribution to the Treasurer
of Frederick County, Virginia, of $0.10 per building square foot to be
disbursed to the Frederick County Fire and Rescue Department, to be paid
Prior to each final site plan approval. The term "building square foot" shall be
the combined floor area for each story.
3. The applicant hereby proffers that the combined building floor area for the following
high- traffic uses of retail, restaurant', and indoor entertainment; shall not exceed a
combined total of 75,000 square feet.. All other uses allowed in B -3 such as general
office and. storage will not be limited.
4. The applicant hereby proffers that the following-uses shall be prohibited on the
property
a. "Truck Stops-Retail" as defined in SIC 5541. Excluding Truck Stops,.all other
uses within SIC Code 5541 are included and acceptable.
b. SIC 45 — "Transportation by Air"
c. SIC 4741 — "Rental of Railroad Cars"
- d.. SIC 5271 — "Mobile .Home Dealers,"
e. SIC 7.833 — "Drive -In Motion Pictures"
5. The applicant hereby proffers the following conditions to "Automobile Service
Stations -, Retail" as defined in SIC 5541 - "Gasoline Service Stations ".
a. Only one business will be allowed to have retail fuel pumps.
b. The total number of pumps will be limited to twelve or fewer.
c. Diesel fuel will be restricted to two pumps or fewer and must be located with
other pumps. Diesel fuel sales to "over -the -road trucks" will be prohibited.
6. The applicant 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..
7. Corridor Enhancements to be completed by prior to the first occupancy permit.
3
0
N
CO
a. The applicant will construct a split rail fence, along the road frontage.
b. The applicant will not allow any parking spaces or outdoor storage to be
constructed within 50' of Route 1 l . Any required fire lanes within this area
will be grass paved.
c. The applicant will erect a single monument: style sign, not to exceed twelve,
(12') in height, with the park's name and list of tenants. This monument sign
will not exceed twelve (12') in height or one hundred (100 sf) square i'n area.
The applicant will not install any freestanding signs between the buildings and
Route 11 other than this one monument sign.
d. The applicant will,restrict each:business facing Route 11 to a sign not to
exceed eight.square feet mounted on the building. This applies.to individual
businesses and not the entire building.
e': The applicant 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
1
The conditions proffered above shall be. binding upon heirs,, executors,
administrators, assigns, and successors in the interest of the applicant. and owner. In the
event the Frederick County.Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code and Ordinance.
Respectfully Submitted:
By: �.
Gary Ro O ney Oates Date
Gary nzelOates Date
Commonwealth of Virginia,
Cit /Conn f Ya&t10L_ To Wit:
The foregoing instrument'was acknowledged before me this day of February, "2013'
By O CJS
My Comn
O"
N'•
5
J
i
fi
1
T
CD
CD
,
P.4CEL B'
CR
8835; ES �.
pe
1 16 AM
Awl
�, ^" N:r37• J`OS' W,7 ,tit_ R � Q�� r
_ _ e
W ,4
:PARCEL, A
ti Q
n,
$:000 ACRES
,
ri. b[
r,
rO cam CIF' ��A�►TM.D�
OEWITT D ROBINSON, FT ,AL
STONEWALL DISTRICT ,, .REEL= COUNTY . '
YIRGINiA� L 6 T Ong,
SCaLE�.; ,ASS °$li4Wti;. __. -D'ATE!': Ctrwtc+►�tr+o.
S0at3 p
S/'lI3 0)162
' GAEENitItAY` EtIGINERING ANO SURVEYItIG CO.
#� • �iagdG +v►isiM�- �,rAil1RlW J,1iD
w�KG!LSW igrepuni lv
SHM. i, Of 2.
Action:
0 0
AMENDME14T
PLANNING COMMISSION: February 21, 2007 Recommended-Approyal.
Q'-,MNTIEI)
BOARD' SUPERVISORS'-.. M"
gg
.u.
'AN, ORDINANCE ANOONQ:
THE ZONING DISTRICT MAP.
,
,�
REZONING 448"96, O
WHEREAS; .Rezoning :H1'8rQ6 of NV60d'slide Commercial subrufted by GreyWolfe ,Inc., to
rezone 8.835 acres: from: the RA: .(Rut6l Areas )' District to. the,, W Ondustrjal Transition) District with
proffers; for coinmertW.And'-Ind ustrid His&§,,Wa.s considered-., Tjjeprppprt, is, I mated "on tbef past side of
Route Ti, approx-i-mateiy..3,,0.00 fe.6t-,,OQitb of.Hopewell,Road (Route 672.); in the Stonewall' Magisterial
District; -and is iddiitift6,d,�hy'Pr"opdiiy,.I.db,iitiflcdtilo'n'N.uMk W"M-
W-AE]REASi-flie'Plannin' C on held a public . hearing on this fezbningbn Decehiber 20, . 2606
..g
and.further. considered: this application `on February 21,2007. and.
WHEREAS; ,the Board .of,Supe..'n-,.i'sdts held -a public,heanng onthis,rezoning on March 14,2007. and
WHEREAS; the.Fred Supervis�ors.finds th&apprdYal-df this rezoning. tobe in
PP, . ... I . .- � —
-6 , w Hare., and in. confbiihAhte with the Comprehensive
the. best' int-dest of 'the D.ublfc-be ilthi safety,
Policy Plan;
_NOW, THEREFORE,. BE. IT ORDAINED by the Frederick County Board of' s
Supervisor that
ck-tQuft de run,g,,. is,amended to revise the Zoning Distri6t.Map to
Chapter 1,65411 FN-,d6ri ty Oo� I .,,,ZO
change 8-.8357 adfm from "the:RA,:(Rural Areas
District to the' B3- (Indu9ttial. Transition ) Di§tfict.for
icOAffier6lzl and ,industrial ,igds,,wiih-bt0ffets; :as d.escribed'b . th,.-4ppli6ation-andphat, ; submitted,
s v6 luntarily proffered in writing' by the. app an the 'Silbie-et'-t6,t'h6,�attd'c'hed.coiiditioii applicant 'h property
bwhei;,
`PDRcsi#24=07
This' ordinance: shalt bejneffect off. the date, of adoption-
Passed, this, 14th day of Mafth. 2007 by the fqlloWihg,*rec6rde*d vote*
Rithard-C. Shi"6kle, Chairman
'.Nay,
Barbara E'a Van O'sten. Aye
Gary Dove-
Aye
Bill M'. Ewing Aye.
Gene E., Fisher
AYe'
Charles S.DeHaven, Jr: Aye
Philip A. Lemieux
Aye
A.:COPYATTv
John
County AcIrn' *-irdtor
P.DRes #24-07'
Rezoning: RZ # 18 -06
Property: Area:, 8.835 acres
Tax Parcel 33- (A) -124,A
Record. Owner: „ SilverWolfe; LLC
Applicant: GreyWolfe, Inc. — Gary R. Oates, LS -B, PE 4t
Project Name: W "oodside. Commercial Center
Original Date of Approved Proffers: March 15, 2007
Revised Date-of Proffer: January 281 2013
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 applicant, hereby offer the following,proffers thatin.
the event the Board of Supervisors of Frederick County,= - Virginia, shall approve Rezoning.
Application #18 -06 for rezoning of 8.835,-ac res from the RA Dist t to Industrial
Transitional (B -3) District, development of the subject property shall be done- in.
conformity with the terms and conditions set forth herein, except to the extent that such
terms and conditions may be subsequently amended or revised by the'applicant and such
are approved by the Board of Supervisors in accordance with the said Code and Zoning:
Ordinance. In the event that such rezoning is not granted, then these proffers shall be
deemed withdrawn and have no' effect whatsoever. These proffers shall be l6ding upon .
this applicant and. their legal successors, heirs, or assigns. "
The subject properties are more particularly'described as the lands conveyed to "
SilverWolfe, LLCM from Douglas L. Brill & Bonnie R. Brill as recorded in the Frederick
County Circuit Court Clerk's Office as instrument #060018520 dated-September 29,
2006.
1
Proffers:
1.. Transportation
a. Access
i. .Access to this property ° from Martinsburg Pike (US Route I f) shall be
limited to one commercial entrance. The final location will'besubject
to VDOT review and approval once a site plan is submitted.
ii. Access to this property from Woodside Road (Route 671):shall be. ..
limited to a maximum of two commercial entrances. The, final
locations will be subject to VDOT review and approval once site plans
are submitted. Turn lanes and tapers, for these entrances will be built as=
required by VDOT`. ,
b`. Additional Lanes
i. The applicant hereby proffers to construct a 1 -2' lane onto Martinsburg
Pike, Route 11, along the site road frontage. This +/ -650' long, lane'
will be built to VDOT requirements. This will be built prior to
re -
reiving any-final occupancy permits on site.
ii.,. The applicant hereby proffers to dedicate an additional 10' strip of
'land to, the Commonwealth of Virginia and to pave a 12' lane along
the entire frontage of Woodside Road, Route 671, when the traffic
count from this project - reaches or exceeds 2,815 trips per day or upon
request by Frederick .County.
c.. Interparcel connections
'i.. Upon construction of a state approved entrance onto Martinsburg Pike;
Route 11, the applicant hereby proffers to designate one inter - parcel
connection along. the :southern boundary.
d. Right of Way and Easement Dedication
i. The applicant hereby proffers to dedicate to the Commonwealth -of
Virginia a strip of land ten feet (1'.0') in width along the entire frontage
of the property on Martinsburg Pike; (Route 11) Right of Way. The
applicant also proffers to the Commonwealth of Virginia astrip of'- .
land twenty -five (25') in width from the centerline of Woodside Road
(Route 671) along the entire frontage pf the property. These
dedications will take place prior to site plan approval.
ii. The applicant hereby proffers a 20' drainage, pedestrian, and utility
easement along the frontage of Martinsburg Pike, Route 11, to
Frederick County. The applicant will retain the right to place the
proffered split rail fence (see item 7 -A) and monument sign (see item
7 -D) within this casement. .
e. ..Contributions for Road Improvements in recognition. of offsite transportation
impacts. _
i. $75,000 to Frederick County,to be paid prior to the first occupancy
pennit.
2. Fire & Rescue '= Monetary Contributions
a. The applicant hereby voluntarily proffers a cash contribution to the Treasurer
of Frederick County, Virginia, of $0.10 per building square foot,to be
disbursed to the Frederick County Fire and Rescue Department,, to be paid
prior'to: each final site plan approval. The term "building square.foot" shall be
the- combined floor area for each. story.,
3. The applicant hereby proffers that the combined building floor area,for the following.
high= traffic uses of retail and indoor entertainment shall, not exceed a,
combined total of 75,000 square feet. All other uses allowed in B -3 such as general
office and storage will not be limited.
... 4:' The applicant hereb y proffers that the following uses shall be prohibited on'the .
property:
a., "Truck Stops - Retail" as defined in SIC 5541. Excluding Truck 'Stops, all other
uses within SIC Code 5541 are included and acceptable. .
b.. SIC.45 = `.`Transportation by Air"
C. _.SIC 4741 — "Rental of Railroad Cars"
d. SIC 5271 — "Mobile Home Dealers"
e. SIC' 7833 — "Drive -In Motion Pictures''
5. The applicant hereby proffers the. conditions to "Automobile Service
Stations -, Retail" as defined in SIC 5541- "Gasoline Service Stations ".
a. Only one business will be allowed to. have retail fuel. pumps.
b. The total number of pumps will be limited to ,twelve or fewer.
c. Diesel fuel will be restricted to two pumps or'fewer and.must belocated.with
other pumps. Diesel fuel sales to "over- the - road- trucks" will be prohibited..
6. The applicant 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 time of site plan, approvals.,
7. Corridor Enhancements to be completed by priorto the firstoccupancypermit.
3
a. The applicant will construct a split rail fence along the road .frontage.
b. The applicant will not allow any parking spaces or outdoor storage to be
constructed within 50' of`Route 1 1.,Any required fire lanes within this area
will be grass paved.
-c. The applicant will erect a single monument style. sign, not to exceed twelve.
(12')" in height, with the park's name and list of tenants. This monument sign
will not exceed twelve (12') in height or one hundred (100 sf) square in area_.
The applicant will not install any, freestanding signs between the buildings and
Route 1 1 other than this one monument . ,sign.
d. The applicant will restrict each business facing Route 11 to a sign not to
exceed eight square feet mounted on the building, This applies to individual
businesses and not the entire building.
e: The. applicant will requirez each building fagade along Route i'1 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, J J.
4
The conditions proffered above shall be binding upon heirs, ex_ecutors, .
administrators, assigns, and successors in the interest of the applicant. and owner. -In the
event the Frederick County Board of Supervisors grants this rezoning and accepts: the
conditions, the proffered conditions shall applylo the land rezoned:in addition to other' .
requirements set forth in the Frederick County Code and Ordinance.
Respectfully' Submitted:
By:
Gary Rodney.Oates Date;
Gary Kenzel Oates .Date
Commonwealth.of Virginia,
City /County of To Wit;
The foregoing instrument was acknowledged before me this day of 2,007
By
Notary,Public
My Commission :Expires,
.5