HomeMy WebLinkAbout01-15 Application, s
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• . F COUNTY of FREDERICK
3' Department of, Planning and Development
... . , '
'540/ 665 -5651
Fax 540/ 665 - 6395'
May 14, 20.15
lylr.'T11nothy Stowe:
Stowe Engineering; PLC
103 Heath Court,
Winchester,, VA, 22602-
RE: REZONING #',141 BLACKBURN COMMERCEi.CENTER,
PIN.;. 63 -A -80I .
Dear Tini
_This letter serves to confrm action•taken'bythe Frederick County Board ofSupervisors at their
meeting on-May l ,; 2015..,. The above - referenced applicati6ri was
`approved to rezone 92-066Y/-
' acres of a „.1'28 56. acre parcel :from the.RA (Rural Areas) Dist'rict`torMl ;(Light Industrial) District
_with, proffers; the einaiWing 36,754/- .acres are to remain RA (Rural Areas) T�istrict. The
To ert i
p, p , y, s located- adiacent'to,Dawson Drive; Apple Ua11ey:9 Z( 'fang Route,37'.
The proffer statement ori ginally dated March'9.2b 1''5;; wrth'final revisi "on date of' May, 7; 2Q15,
that, -was approved as 'a part; T this :rezoning application is unique "to the above referenced
properties -and' is, binding regardless of ownership ,Enclosed' is a" of the adopted proffer'
- staterrient for ;your records., Pursuant to. §165.102 06E, the County Attorney will, present the
P f _ . V y t for,recordation.
:wr'itten roffer�fo the Frederick °Coup "t Clerk�of Circuit�Court
Please: do riot - hesitate .to, contact, this office, if you have any questions, regarding the approval of
this rezonmg;�application. ;
Sincerely; _
- Michael T. Ruddy, AICP`
Deputy Director `
MTRIpd '
.Attachment
cc ,N Gary Lofton„Supervisor Back,Creak:Dstrct
Y Greg L. Unger and'J. Rhodes Marston, ;Shawnee Distract Planning Comrriiss'ioners^
. Jane Anderson; :Real. Estates
;E11`en Murphy; Commissioner of Revenue
Uwe Weindel, Executive'Director.F GSA.
Rod Williams; County Attorney w/Proffer and, Resolution
Blackburn:I invited Partnership,, 458 DeVon.Dr.,, Warrenton,. VA: 20186
6
1 Q7`,N:orth .Kent Street, Suite 202 ®VJinehester, Virginia 2201 -5000,
REZONING APPLICATION #0.1 -15
"BLACKBURN COMMERCE CENTER
Staff Report for -the Board; of Supervisors
Prepared': May 7, 2015
Staff Contact: Michael T' Ruddy, AICP, Deputy Planning; Director
,Reviewed Action
Planning Commission:, 05/06/15 Public Hearing, Held; Action Recommended Approval.
,Board of Supervisors: 05/13/15 Pending
PROPOSAL:, To•rezone 12`8:56 + /- acres as follows: 92.'066+,,/- acres from RA,(Rural Areas) District
to ,Mj (Light Industrial) District with proffers,, and 36 °..75'4 + /- acres are to remain RA (Rural Areas).
District.
LOCATION: The property' °is located adjacent to Dawson Drive, Apple Valley Road and Route 37.
PLANNINGICOMMISSION ACT-ION. AND SUMMARY & STAFF CONCLUSIONS•FOR,THE
05/13/15 BOARD OF` SUPERVISORS MEETING:
The Planning Commission unaniinously.recommended approval of this rezoning, request, an
application to rezone a total of ,92:066 acres of land from RA. (Rural,Areas) District; to ,MI
(Light Industrial) District with proffers, to accommodate industrial uses.
Three citizens spoke' during, the Public Hearing for the request;' two against the request who
expressedd concerns regarding the�traffic impacts,, lighting issues„ residential appeal of area, and
the overall heritage that exists `in -that area of the County,; and one with more development related
concerns: - Members of the Planning Commission e.zpressed'their overall: support for the application
but discussed the transportation! p f q _ '
p anon com orients o the re west �zn greatdetaal.
TheApplicaint modified their proffer statement as a result of-this. discussion to change the timing;of
;the monetary contribution of the transportation improvement proffer, -Site Impr." ovement Proffer 91,
to refleef that the payment of the proffers will bel at the time of the - issuance of the .Building Perm.it;,
rather'thanarike time of the issuance of the Certificate of Occupancy.: Based upon the above, a
motion; yeas ,made,, seconded and °unanimously passed to recotninend 'approva'l of REZ' #01' -1.5
Blackburn Commerce Center with a change to the proffer statement., The Revised Proffer Statement
has been included'with'this agenda.
This - ds an application'to rezone total of 92:066 ± /= acres of land from theAA (Rural Areas) „Dlstrictt to
the, M1(Light,Industrial) District with proffers to accommodate industrial uses: 'The property , is located
within 'the Sewer and. Water Service Area (swsA): 'In general, the proposed industrial land use'.
designation f6r this property, is consistent_ with the :current industrial land use supported by the 203.0
Comprehensive Plan.
e - _. = r
R zoning:.,# OL- 15 °Blackburn,Cornmerce'C:ente
May 7, 201.5
Page'2.
With this `rezoning, the applicant has, proffered that, this. project. will contribute to transportation
iinpfovements iii, the;'vicinity of the property that have been identified as important to the overall .
transportation solution'for this general igea. The appl - atibnhas addressed -the concerns`denti =fled by
thevanous feviewm'g ageneies,and;h`as worked with thezKerristown:B'attlef eld Association to; reach;an
gr mentthataddressesthe historical context'of this rezoning application. The appli'cat'ion appeals to
a ee
have mitigated many of the' mpacts'associated'w`ith,i4e rezoning request:'The Plarining Commission
evaluated', _the re uest,and det
.. q
- ermined that-the, approach to addressing_;the..transportation component 'of'
the, application `is aeceptable ;, -and 'the. amount .of the, potential proffer was 'appropriate:
Folloj4m, the eguired`pudlietieariiiz;,adecis oii rezaidiit,-,ytliis rezoizuzQ'apolicatioiz by�tlze
Board of Supervisor- s,would.be appropriate ,.Tlie_ applicant should'beprepared,"to adepuatdly
address all con cernsraised:by tl e- Boaisd of Supervisors
{
i
t
Rezoning #04, 1 5,Blackburn Commerce Center
May 1, 2015
Pagp, 3,
0
This, report is prepared by the Frederick County Plan t zing Staff to pr . ide
itif rnilatioh'16 the
Planning Rodrd: of'Sqp&visoPsIbea-fssi I st them in Making a decision on till's
dpphcafi�om -It May also) be ,useful Ito , others interested iii .,tliis,;oniiiz-niatti?r.;. Unresolved , issues
colicTY ti4. ap pjcadon,are noted bvshz where relevant '!brotgliouttli is sia f
f -report."
:Reviewed, Action.
Planning, Conimi"SSIOW, OS /06 /L5' 'Recomm- ended Approval
Board' of Supervisors: 05,113,45 Pending
PROPOSAL- Torezone 12R.,56+47.'acres as follows: '92.466+/�uqrgs ftom.RA (Rural Areas) District
to MI (Light Industrial) Oistfict With proffers !and 36.754+/- acres; ate to remain RA (Rural Area
Distract.
LOCATION. The'pr.operiy.is, 100dIted adjacent ioDawson Drive; Apple'Vdlley'Roa-d and Route 3°7:
:MAGISTERIAL DISTRICT- Back,Creek
PROPERTY 1D NUMBERS `-�,' 63-A-801
PROPERTY Z.ONI.NG- .9,A (Rural Areas)
�
PRESENT. USE' Vacant/Agrictiltural
AIIbjOINING._PkOPERTV ZONING: &PRESENT Ulk
.N00, RA '(Rural AJbqaO Use!
kp, (Residential Perf6rmanee)
$buthre MI(Light Ih011Arial) Use:
MP(Light Industrial)
_Eagt: Use:
West: RA (Rural Areas) Use-,
�(Rw
Ba,ftIe_fi'6IdYA2.n_PUIturaI
Residerfffal
Industrial
lh dusty iuI/Vacaht
Agricultural
Rezoning : #0.1-15 Blackburri.Coinmerce Center
May 7; 2015,
Page 3
This report is prepared. by the Frederick .County Pknn_'ing 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 app" lieation dre noted by staff where: relevant throughout this staff report.'
Reviewed,
Planning Commission! 05/06/15
Board:. of Supervisors: 05'/13`/15'
Action
Public - Hearing. Held; Action Recommended. Approval
Pending
PROPOSAL:- To rezone 128:56 + /= acres as follows: 92.0664 acres from RA (Rural,Areas) District.
-to,M,l (Light Industrial) District with proffers, and 36.754 + / acres are ;fo remain RA (Rural Areas)
District.
LOCATION; The property
:is located adjacenuo Dawson! Drive; Apple Valley Road and;Roiite T
MAGISTERIAL DISTRICT: Back. Creek
PROPERTY I:D NUMBVk& 63-A1-801
PROPERTY PROPERTY ZONING: RA (Rural .Areas)
PRESENT USE,:, Vacant /Agricultural
ADJOINING PROPERTY- ZONING & PRESENT'USE:
North:
RA (Rural Areas)
RP ( Residential Performance)
South:
M1 (Light Industrial)
East:
M 1 (Light Industrial)
West:;
RA (Rural Areas).
Use: Battlefield /Agricultural
Residential
Use: Industrial
Use: Industrial/Vacant
Use: Agricultural
Rezoning #01=°15 Blackburn Commerce Center
May 7, 2q,15
Page 4
REVIEW EVALUATIONS.::
Virginia Dept.vf Transportation: District Plannin-' has completed its review ofth,, subject rezoning.
TIA In conversation with'the Frederick County Deputy Director.of Planning, Transportation; we
understand that'.County staff `has negotiated aF proffer' arrangement with. the applicant in lieu. of the
,firidings of a TIA4nd''that they arecsatisfied- wiih�the prescribed`miti'gation.; Wehave been notified that,
there :is specific time critical: contractual arrangements' at' play, which require a .resolution of
transportation : rr pact ri itr "gat on immediately. Itis for those reasons that, land in consultation,with the,
that we ,are suspending our °reyi "ew and are differing to Fredenck County staff
Fire: and''Rescue: Plan ,approved.
Pnlilic Works,Departtnent , The Public Works.DepaM -ent doe smot' have anycon menu regardingthe
proposed rezon ng.,:VWe would expect, that any: futureMastef- 'Development Pldns and _'Site..P,lans to
include copies of, wetland: delineations: and geological`�surveys of kaist features.
Feeder "ick CountV,°S`anitation Authority.:.Pleasel,see, attached letter- dated Marc -'li 18; _201 S, from Uh�e
E; Weindel PE: -
Frederick- Winchester- Service Authority No comments: -
Winchester ,Regional Airport:,, 1 have completed, a;'review of the. referenced rezoning proposal.
Allowed_ uses under this. rezoning, should' not impact°airside operations of the' Winchester'Regional
Airport:therefore�we have no- comments •or'objec'tions,regardingihis rezoning request:
Frederick County. Attorney: Please see attached letter dated March 20i fr ".om, Roderick B.
Williams; C`o`unty Attoi ney:
Planning & Zoning:;.
1)
Site, MS11 rV
The original Frederick County.zonirig;map (U S G S: Winchester Quadrangle)',identMes the
subject parcels as being zoned R -2 (Residential Limited). " The subjectparcels°were re . mapped
6om.'R -2 to A -'2 (Agricultural General) pursuant to,thc, County's,comprehensive, downzoning
iriitiatiue'(Zoning.Amendment Petition_1AYI 1. 780), which- was;adopted oin,October 8, 1980. The
County's agrcul "turaf zoning districts were,. subsequently combined, to, form the RA (Rural
Areas),Dstnct upon adopt'ionof an amendment``to theFrederick 'Gounty'Zoning50rdnance on.
Ma y 10; 19,0. The correspondingrevis on of thez4 n`ingmap resulted in the re- mappi`ng,of the
'subject property and 'all" ixher A-. I and A72.,zoned' land, to the RA. District.
:Rezoning Blaekburr`Cornmerce` Center,
May 7,, 201:5
Page: 5'
2) ,Comprehensiv."e.PolicyaPlan
'The 2030 Comprehensive Plan'is, the; guide for, the `future; growih of Frederick ;County.
"
The, 2030 Comprehensive Plan is °,an official public, °docum`ent that serves as the community's
uid g regarding develop "meet, preservation, public facilrtes;and -other key
g e for makin decisions
' 'components of community l -fe _The primarygoal of this, plan"is'to protect and improve the
living enwironm'ent within Frederick County It is in essence a composidon.of policies used -to
{� lan °forihe"fiiture, fi sical development, of Freder�ck.'Count
1 p p Y ..� p y "•
' The Area,Plans, Appendix,I of the 203.OrComprehensivo Plan, are the primary implementation
tool sand wil!1':betiristrurneptal; to the.futureiplanning efforts of thesCounty..
In,order'for anyproposed rezoning to be` approved, tfie applicants"w`ih be expected to contribute
axeasonable "portion of the cosis'o'f new orexpanded. "infrastru -ture needed.to serve,theproposed.
development: Such. contributions. can be in the, form,'of'cash; dedicated land; :or constructed,
improvements or in .any other manner consistent' with the Code of Virginia. [.2030
Comprehensive; Plan, :Impletn'Mting the. Plan, ]:
Rezoning requests,should be;eualuatedlo.d'eterri ine their potential impacts on pubhc,facihties:.
Costs to ,the County should: be estimated in terms of what'Inpact,th`e development; which could
result from the proposed rezoning; "would.lfave :on public,facilities and- infrastructure,, [203'0
• .
ComPihens4 veu.Plan;,Implementing the"Plan, V]'
. Rezoning requests°:. should not be approved unless ,fhe net ;impacts :on. public facilities are
,.
_`posrti,ue or unless the negat ve:impacts can be, adequately addressed through,proffers or some
other meansP A requestfor rezoning mayFbe turned down even though all fiscal impacts appear
tolbe addressed.: If there are.other impacts whiel ,are not addressedKby th&rezoning application, .
or if the request does not; :conform - this plan, a s" m "ilar °:method should be: developed for
Bete, n imgg the impacts, ,proposed developments con-transportation, sy_ stems:and other public,
facilities. [2030 Comprehensive.Plan Implementing the -Plan, ,V],
Land_.Use�
The 203.0 Comprehensive�Rlan .and'the:SouthernFred`enck Plan pr_ou,'de gu dance.otf the-future
development of the :property`. The. 2'03.0 Comprehensive :Plan identifies the general_ area
surrounding. and ,incluamg -th s,property -w:iih an industrial land use d'esi "gria 'ion. - Tholp"r"opedyis!
• 'located'within the Sewer and Water.Sevi c
e Area (S,.WSA n gerieiral, theproposedindustral .
land use" designation. for,'this property is 4 consistent with the •current land use' supported bythe
Comprehensive Plan;,
Site Access and Transportation:, '
The Transportation network in thi's area is" identi`fie,d' in the'County's Eastern.Road Plaii.and' ins
supported by an improved Major. Collector :Road (- hady'Elm Road), an improved: Minor
Rezoning, #01 -15 Blackburn Commerce Center
May 7, 201 5
Page 6
Collector Road (Apple Valley.Road), and.an,in proved Arterial Road, Route] l .(Valley Pike).
Access to the. site via the exi'sting entrance.Onto Apple Valley Road and existing Dawson Drive
is desirable and has, been, proffered by the Applicant. Any additional entrances onto, and
impro_.vements, -to-, Apple Valley Road should be ,avoided :at, this time. The Generalized
Development Plan for the. Blackburn Property identifies -the location of two ,private roads
accessing the property..
Future consideration should be given to,pedestrian ,or trail improvements along Apple Valley
Road`to complete this section of planned pedestrian accommodations adjacentto the identified
minor' collector goad. This could be achieved ':internal to 'the property,, adjacent to the area
containing- the, numerous .existing easements,.
Environment.
Issues concerning, water quality, quantity, use, and protection of water resources are directly
related: to land. development activities. Water supplies are needed to support,development, while
surface and groundwater- are potentially affected by development activities [203,0
Cornprehensh e,Pli gin, Section VII Natural Resources].
Histob�.
According`io the.Rural.Landmarks Survey, there.are no significant historic structures located_ on
the property. It is noted that ihe,National Park Service Study of Civil War Sites in the
Shenandoah Valley does identify this property.as core battlefield area for the First and Second.
Battles of Kernstown with retained .integrity.
This -application was, presented'to the Courity's Eistoric Resources. Advisory Board (HRAB)
who recommended approval of the rezoning application, with. conditions. The Applicant's'
proffer, statement addresses these conditions. Ana
greement with the Kernstown Battlefieeld
Association has been made regarding 'items that 'relate to the battlefield including building .
construction, landscaping and buffering public'viewing'space.and historical° "signage,. and the'
exploration foi,,;and preservation of;;hisforical items. The agreement has been,included with•'the:°
comments for your information:
3) Site Suitability /Environment'
The site is not located within or °neavany I00'year floodplains. However-, there arena substantial,
amount of wetlands identified on the site. The wetlands delineation has occurred and will be
incorporated into the Master Development Plan 'for ihis project. This area is known,for karst
topography and special attention should be paid during development for potential sinkholes and:
related impacts: This should occur,in coordination. with "the review of the County Engineer. The
wife does contain a small area of woodlands that.., ill.be,.disturbed with the; development, ofthe
site.
Rezoning #01. -15 Blackburn. Commerce Center
May'7, 20'15
,page 7
4) Potential' Impacts
This :application recognizes the existing..residential land. uses that are zoned RP (Residential
Performance) District that are located immediately adjacent to the Blackburn Property by
providing buffering, and landscape sere en ing,consistent with that „ofthe landscape portion of a
zoning district buffer, on the.portion ofthe-land that.is to be rezoned, adjacent to the proposed
zoning line. This green space buffer will be fifty feet wide and will remain undisturbed to
continue its natural state and allow the maturing of the, existing vegetation. The Zoning-
Boundary. Exhibit prepared for this request' identifies the proposed, zoning line within ' the
property separating the proposed Ml (Light Industrial) Zoning.District from the existing RA
(Rural Areas_) Zoning. District. Therefore, at no point, does the proposed M1 `zoning abut
adjacent - property that would'require a zoning di :str et buffer.
For your information, the original rezoning in this area, RZ #04 -98 immediately.adjacent to the
subject property to the north; included several profferst aimed atmitigating any impact on the
adjacent residential land and historical, properties.`These included; -a maximum height of 60 feet
for all primary and ancillary;stru_etures; :screening of all rooftop mechanical equipment, and
screening of all. loading docks.from all adjace.rt Rural Areas (RA) and Residential Performance.
'(RP) Zoning Districts. Further, landscape-design features were. proffered.between,all developed
parts of the property and all RA and RP _Zoning Districts. This included a berm that was a
minimum of 6, feet higher than the adjacent Router652 and.landscape plantings consistent°with
those .of the landscape screen. Said landscaping was defined:;
Recognizing "this; the B'lackbum Commerce Center application has addressed the height
component by proffering ,the same standards to a point onethousand. -feet from Apple 'Valley
Road. This distance is consistentawith'thedepth of the, above rezoning. Beyond that point, the
County's current :height requirements would apply. The maximum height limit for'primary
structures in the Ml District is 60'. However, certain height limitation exceptions exist that
.would enable.a,greater "height;for -certain structures. Qfnote, automated storage�facilities in the
M1 District would.be,,permitted up.,to 1.00' in height.
The landscape portion of the above has, been. addressed in conjunction with the Kernstown_.
Battlefield Association,.
Frederick County Transportation Comments;.-
Frederick .County Transportation's review of the application for the rezoning of the Blackburn.
property has-made it clear that.numerous transportation issues.., exist in 'the nearby vicinity. Key,
needs- for'improvemenf include the intersection of Apple Valley Road: and Route 11, Widening
of Route Ll, and the compl'eti'on of Renaissance Drive from,Route 11 to Shady Elm Road. In
order ,to try and address their share of this traffic situation,, the applicant'has offered a cash
proffer that is based upon the: BPG rezoning proffer that was previously accepted. Staff
believes this is a goodstrategy, in. this situation as it acknowledges the. most. key needs are on
property the applicant does not control right of way for and allows the County to potentially
leverage-the cash proffer against istaterevenuel sharing dollars to accomplish more.
Rezonirig� #01 -1;5 B1'ackbu -m Commerce Center
May 7, 2015' ,
Page 8
It should be rioted that °the cash proffer should be in :addition to bicycle and pedestrian
improvements on site and along the site frontage gas well as any entrance, requirements that
might be.made by the Virginia`Department of Transportation.
5) Proffer Statement
.A)
Allowed Uses:
All of the uses pennitted in the Ml (Ught.lridu "strial) District would be allowed. No
additional fuse restrictions have been proffered by-the. Applicant.
,A Generalize d Development Plan (GDP) has been used to illustrate the location of the
proposed.}andscape /green spaceibuffer area,designfeatures, the preservation of the pond
area, and the,location of the two entrances to the property.
B) Access Management and. Transportation:..
Dawson 'Drive and the existing- entrance onto Apple Valley Road are proffered as the
two entrances for 'the property. Interparcel,. connections are also proffered to enable
future access'to the balance. of the Rural Area (RA) portion of the property.
The Applicant-has proffered to participate: in thecost of transportation improvements'in
the nearby area. The method for doing so is based upon a similar model used with the
BPG rezoning Application. The Applicant will contribute to Frederick County a
maximum of Six Hundred and Twenty Five Thousand and 00 /100 Dollars'
($625;000.00). Such Payments shall be made prior to the.issuance.of a Certificate of
Occupancy for all. building structures developed on the property, with each payment
being in ~proportion to the square footage of the:proposed construction on the-property.
This is consistent with the TIA developed, for the project. The fundswould be;available,
to the County in its discretion and may be used by the County as a, local, match for
Revenue Sharing Program projects.
As an example, the application :describes an anticipated project that will be submitted
'1
uporirezoning that may generate $53;000.00 for use in addressing transportation in the
nearbyarea. It should be noted that theproffered maximum -contribution of $625,000.00
would not be immediately available for use- by the County. In addition, the
improvements would not be completed by the Applicant. It is most likely that
improvement projects would be completed by others as part of a Revenue Sharing
Project.
C) Site,Development:
The Applicant will develop the propertywith several building restrictions and landscape
design features aimed at mitigating the impact of the project on the adjacent residential
and historical,properties proffered. These include a maximum height limitation of sixty
1 60) feet for all structures for a distance of one thousand feet from Apple Valley Road,
0
Rezoning #01 -1.5 Blackburn. Commerce Center
May 7, 2015
Page 9
the screening .of all loading docks from adjacent properties, and the provision of green
space buffer areas between Apple Valley Road and the development including the
existing pond and a green space buffer fifty (50) feet wide in the area along the zoning
boundary.
D) Mitigating the of Development:
The Appli cant .has proffered,a.cash contribution in the amount of $10,000'tobe directed
to Frederick County Fire and Rescue. The purpose of this dedicationwould be to assist
in the capital facility needs of fire and rescue associated with the development of this
property.
STAFF CONCLUSIONS" FOR THE "05/06%15 PLANNING COMMISSION'MEETING:.
This is an application to rezone a total of 92.066 + /- acres of land.from the RA (Rural Areas) District to
the M 1 (Light Industrial) District with proffers to accommodate industrial uses. The property is located
within the Sewer and Water Service .Area (SWSA). In general, the proposed industrial land use
designation for this property is consistent with the current industrial land use supported by the 2030
Comprehensive Plan.
With this rezoning, the applicant has proffered that this project will contribute Ao transportation
improvements in the vicinity of the, property that have been identified as important to the overall
transportation solution for this general area.. The application has addressed the concerns identified by
the various reviewing agencies and has worked with the Kernstown Battlefield Association to reach an
agreementthat addresses the historical context of this rezoning application. Theapplication,appears to
have mitigated many of the .impacts associated with the rezoning request. The Planning Commission
should determine if the approach to addressing the transportation component of the application is
acceptable, and the amount of the potential proffer appropriate..
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 05/06/15, MEETING:
Staff presented an overview of the proposed application to rezone 92.066 + /- acres of land from. RA
(Rural Areas) Districtto Ml (Light Industrial) District with proffers °to accommodate industrial uses.
Staff noted with this rezoning, the applicant has proffered that this project will contribute to
transportation improvements in the vicinity of the property that have been identified as important to
the overall transportation solution in this general area. The applicant has also proffered a cash
contribution to be directed to the Frederick County Fire and Rescue, site development with
restrictions. and provisions. The Applicant is also working with the Kernstown Battlefield
Association for preservation of historical items. Staff reiterated the proposed industrial land use
designation for. this property is consistent with the current industrial land use supported by the 2030
Comprehensive Plan. _Staff addressed the Transportation impacts associated with this application. At
this time there were. no questions from the Planning Commission.
0 0
Rezoning #01 -15 Blackburn Commerce Center
May 7, 2015
Page 10
Representation for the Applicant noted they have been working closely with Staff to address many of
the concerns. The applicant is intending to follow the business friendly approach and their goal is to
move forward with this quickly from a scheduling stand point. He noted the neighbors are also being
considered and they want to reduce the. impact this project' will have on them. Also noted was the
continued.study of the Transportation impact this will have.in this area. The Applicant's .Representation
reiterated and agreement has been reached with the Kernstown Battlefield Association. Commission
members shared their concerns regarding the traffic impacts this will have in'the area and the need: to
change the proffer from Certificate of Occupancy to Building Permit Issuance.
The Public Hearing portion of the meeting was opened and several citizens voiced their concerns
regarding,the traffic impacts, lighting, issues, residential appeal of area, and the overall heritage that
exists in that.area ofthe County. There were no further comments and the Public Hearing portion was
closed.
A motion was made, seconded and unanimously passed to recommend approval of REZ #01 -1,5
Blackburn Commerce: Center with a change to the proffer statement.
Abstain: Oates, Marston
Absent: Triplett, Molden
ollowinz the required public hearing, a. decision reQardin-- this
Board of Supervisors would be: appropriate. The applicant, should be prepared to adeauately
raised
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REZ # 01 - 15
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Note:
REZ # 01 - 15
Frederick County Dept of
Blackburn
Planning & Development
107 N Kent St
PINS:
Suite 202
e
63 -A - 801
Winchester, VA 22601
Rezoning from RA to M 1
540 - 665 - 5651
Map Created: April 8, 2015
Staff: mruddy
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Parcels
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Rezoning from RA to M 1
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
0 495
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M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
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R4 (Residential Planned Community District)
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Note:
REZ # 01 - 15
Frederick County Dept of
Blackburn
Planning & Development
107 N Kent St
PINS:
Suite 202
e
63 -A - 801
Winchester, VA 22601
Rezoning from RA to M 1
540 - 665 - 5651
Map Created: April 8, 2015
Staff: mruddy
0 495
990 1,980 Feet
s
i
REZONING REQUEST PROFFER
Property Identification Number
'03-1 ( CA'J =001
Back'Creek Material C,istrlcf
Blackburn Commerce Center
Record :Qwner Blackburn Lmit'ed!partnersh'ip
Applicant; Timothy Stowe
final Date of Proff
g ers March 09'; 2015
Ori
ReVisioft Date�of',Proffers May 07, `2015
0.
h _
P;relirninary IVlatters
Pursuantto Section 15.2 229:6,et.se .,,ofthe Code ofVirgin'ia, 1950; as a "mended, and the
provisio.ns:of}the Frederick CountyFZ0ning Orclinance with'respectto conditiona'izon'ing;, the
undersigned applicant
hereby proffers that in the event thejBoard of Supervisors of Preder,ick;
Couhlty, Virginia, shall approve RezoningA. pp -cation.# fbe the._r.6zoning Of Tax
ma- Parcel 6,3 ,7A- 1, a 128:82 aer6 parc-OJo establish 92:066 + /=- b`cresofLightAnd`ustrial ,(M -1)
Zonj'ng D'istrict;and 36354 + /- acres,of Rural Area (RA)'Zoning District. Development of °the
92.06`6±/- acre Light Industrial (M I 'Zgning District, herein -after referr "echo as the "Property ",
portion- th014k IVI'ap Pa rte l.63 -A- 801 °.sh 411 °b`e doneAn co�nformity'with;the,term and
con;diti hs,set forth herein; except to fbe e"tent_"that;sucFi terms and, conditions: may b'e'
siibse uertl amended or revised b the',a - licant and'such,be approved by the Frederick
q Y Y pP
county Board of'Su_peryisors'in accordance;with Virginia Law:; In the;even`t.that,such' rezoning, i's
hbta ranted .then�these roffers;s'
- g � , _ p hall be;deemed wit drawn an'd of no effect`vvhatsoever.:
Tii:e "se; proffers, shall be bin ding upq:n the' owner and fheir leg a I's uccessorsor assigns;
-Site Imorovement"s
1.: The° o.wn'er;agrees to participate in the. cost of tra "nsportation' i'mp'rovements in -the
nearby:area. The a'pp,licant;wiLLcontribute;fo- Frederick ,County °�a:maxrnum of;Six
Hundred and Twenty Five Thousand and 00/100 Dollars'($625';000.00,), which will be
subject;to the escalation ,`clause ^contained'.in these proffers_ Such paymentshall`.be
made at theetime:ofissuance of each build'i`ng perrnit'fo'r all buldingstructu'res
Pr.W6r'StAe men t•,
Pagel of 4
developed on the Property. Each payment shall' be -in proportion°to the square
footage offhe proposed; construct ion on the Property consistent with,the,
d:evelopment;projectio,niin th e Traff:i "e Impact Study, which,arnountsI $0.735/
square foot of buildingstructural• develo;pment.S;uch funds'ca;n be,us.ed,by °the Board'
Of Supervisors in its discretion for transportation' improuements,,and• can;talsa be
used as loca'I' match funding for County Revenue; Sharing Program projects..
2. The, owner _agreesAo limit the number of!entrances for the Property to, b`e'rezo,_ned to
a maximum. of two (2) entrances. One (1) entrance will feed directly into Dawson
Drive:. Entrance two (2•) will,us:e th'e existing entr "ance onto Apple Valley Road
F through p'a'rcel 63 -A 58'C'. Th`i's: is shown on the. G :enerali ed Develop "m`ent Plan; latest
` revis`ion •date.of 4/1 /201,5; attached to these and made.,part•of'these proffers:
3, The�owner,h°erby proffers to,p'rovide for 'inter - parcel connections within the
Property where` possib,le;ta mitigate transportation impacts-.
.,Buildings Restrictions;
'The deve,lopm'ent of the sub`j'ect Property shall I nclude the following• building restr'i'ctions:.
i 1, 'The maximum height for'ai,l prirna_ryand ancillarystru,ctures will be' sixty (:50),fe,et
_ nhouad (1000)'feet oApplVal•within a distance of . eley'Roacl , Roof top,
mechanical` equipment is not subject..to the sixty (60)wfoot height restriction.
2.. All Ioading °docks shall be screened from view from all adjace,nt properties `:i;n the
Rural Area'( RA) ,orResidential'Performance'(RP) Zoning,Districtsthat are located on
the,east '-side of Route ,,,T
i 3;:, Otil_ity service lines are to be,constructed underground:from the utility distriibution
lines:to the ,building service con.ne.ction'-
Landscape Design-Features
The development offhe subjetvPr,operty; arid the submission•of a'nyMaster D•evelopmen, t Plan;
sha'I,I include the follow,ing:landsca' design features-
1)`The're'.,will 4&a green space buffer between Apple,Valley Road and.th`e existing, "pon'd
irrthe':area °,to b:e rezoned M;1::The buffer, extends out tw&h`u'ndred (200) feet fro m the`
j dge.of`Apple Valley'Road: The green space, =b;uffer is to be'-I' ft und.isturb'ed: and remain.
Proffer Statement Page 2 of4
in:its<natural:state. The.green space buffer ma,y'only be distu,rbed`for "installationand
maintenance�Of utilities,,installation and,mainte.nance ofinter- parcel connections „and
rnainte-n'ance of theovegetati'on:,Th`is is shown on the Generalized Development Plan,
latest revision date 6f'4 /i1 2Q,15,;attach,ed to these and rna'de paf-&F NE"se proffers.
T here, will be agreen space,b.uffe "r provided aloeg the northern border oflthg area;to
be rezgned M1.,Thegreen space buffer wilf run.alcng the "north &h boundary'separ,-ating:
th-e M1zoning from the RA zoning: The green.spAte buffer will'b`e fifty (50) ;feet wide:.
The st' artir g'point fo'r''the buffer 'is.where the area to be r„ezgned;M1 meets Apple V_a'lley
Koad' a`nd runs'the, length of the boundary betvueentl e area to rema n zoned RA and
the subject Property: The greenspace;buffer isAb b,e,ieft',undisturbed and,remain in: its
natural state..The green space buffer ma:y only bedisturbed cr'insta'llation, and.
`mai'ntenance of utifit�'%es;'ihstallzif on and maintenance of inter- parcel connecti:ons,,and.
mainten ance.ofthe'vegetation.'This is,show"n;on the °Generalized'D.evelopment Plan,
latest revision date of <4%1/2:Q15, attached to these•and made,part of these proffers.
Mbridtary Contributions to Offset Im'pact.of,Development
The'undersigned; hereby vol'Ontar ly'prorffersthat if'`the B`oa,rd of.Supervisors for the County gf
Frederick, Virginia ap;proues the. rezoni.n °g for.the 92:066 +„ / ,acre portion. of'Tak Map, Parcel 53 =A-
80fao the:=Light'lndustrial (M -1) Zoning District, the uncle r ,signed:will.pay;Frederi'ek County; prior
to t °he issuance: of, th:e•'Certificate of Occupancy Permit for the first:structu,re constructed on t
h e:
Light Industnal:(M 1) Zoning District portion of 'the parcel, th,e sure.of ten: thousand dollars
($10;000.00); for use by th'e Board';in "its discretion for fire and'r16scue purposes':
Escalator
I61he',event:the monetary contributions set forth in the Proffer Staterne:nt are paid'to! Fre'cl&ick'.
County, w ithin eighteen (18);:months,.of th;e1 ajpproval' oflhis,rezon'ing, as appai'ed for,by•the
App icant,,said contributions shall.be in the'arnountsas stated herein. Any monetary' 1 contributions set forth in - this `Proffer�Staternent wh'ic "h are paid to`the` County,after eighteen
(18)' months following t_he ap;provai-offhis rezon`i'ng shallbe a'djusted.in,accordance with the_
Urban Consumer Price -Index ('=CP1 -U ") published,.bythe United States'Q;epartrhert ..of'Labor,
,
such thdf at the time;contr'ibutions:are pa`i'd theY shall .be adjusted by t_he. percentage, change; in,
the CPl'U'from that:date eight, ghteen ,('18) months after.the ;approval; ofrthis rezoning to`the':most .
recently a•vail'able CPf -U to the)date thee contrib °utions;a''re paid, subjectto;a carp of 6, percent
5,
(6 %),per'year, non = compounded.
Proffer statement Rage3 of•4
Resp cstif 611 y S-Ub mitted,
Riac)4pen Li, ii6d Partnership,`
OWNER:;.
Date-
IR i
STATE 'OF,,V G !A,;,A T LARGE,
FREDERICK COUNTY, To ,Wit.
The foreg ng, instrument -W3s,atkh6 .1 e4ed before; me this.
-,d'a,y of"
20,15 by
fi
' 0 m s
�C M T sioh expires,
t'a P 6b I ft
J
PageAbf4'
0 01
Action:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
AMENDMENT
May 6, 2015 - Recommended Approval
May 13, 2015 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #:01-15 ,BLACKBURN COMMERCE CENTER
WHEREAS, Rezoning #01-15 Blackburn Commerce Center, submitted by Stowe Engineering, PLC,
to rezone 92.066 acres of land from the RA (Rural Areas) District to-the M1 (Light Industrial) District with
proffers to accommodate industrial usesdated.March 9, 2015, last revised on.May 7, 201.5; was considered.
The property is located adjacent to Dawson Drive, Apple Valley Road and Route 37. The property is
further identified with PIN 63- A"MI in the Back Creek Magisterial .District.
WHEREAS, the Planning Commission held a; public hearing on, this rezoning on May 6, 2015 and
recommended approval; and
WHEREAS, the Board.of Supervisors held a public hearing on this rezoning on May 13, 2015; 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
rezone 9.2'.066 acres" of land -from, the RA (Rural Areas) District to the M1 (Lighi , lndustrial) District
with proffers, The conditions voluntarily proffered in writing by the applicant and the property owner
are attached.
PDRes 415 -15
-2-
This ordinance shall be in. effect on the date of adoption.
Passed this 13th day of May, 2015: by the following recorded vote:
Richard C. Shckle, Chairman
Robert . A. Hess
Gene E. Fisher
Jason E. Ransom
PDRes #15 -15
Gary A. Lofton.
Robert W. Wells
Charles S. DeHaven, Jr.
A COPY ATTEST
Roderick B. Williams, Interim
Frederick County Administrator
REZONING REQUEST PROFFER
Property Identification Number
63 -((A)) -801
Back Creek Magisterial District
Blackburn Commerce Center
Record' Owner: Blackburn Limited Partnership
Applicant: Timothy Stowe
Original Date of Proffers: March 09, 2015
Revisions Date of Proffers: March 31, 2015
r\L
Preliminary Matters
Pursuant to Section 15.2- 2296,et.seg., of the Code of Virginia, 1950, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the
undersigned applicant hereby proffers that in the event th -e Board of Supervisors of Frederick
County; Virginia, shall approve Rezoning Application # for the rezoning of Tax
Map Parcel 63 -A -801, a 128.82 -acre parcel, to establish 92.066 + /- ,acres of Light Industrial. (M -1)
Zoning.District and 36.754 +/- acres of Rural Area (RA) Zoning District. Development of the
92.066 +/- acre Light industrial (:M. 1) Zoning District, hereinafter referred to as the "Property ",
portion of'the Tax Map Parcel 63 -A -801 shall be done in conformity with the term and
conditions set forth herein, except to the extent that such terms and conditions. may be
subsequently amended' or revised by the applicant and such be approved by the Frederick
county Board of Supervisors in accordance with Virginia Law. In the event that such rezoning is
not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever.
These' proffers shall be binding upon the owner and their' legal successors or assigns.
Site Improvements
1. The owner agrees to: participate in the.cost of transportation improvements in the
nearby area. The applicant will contribute to Frederick County a maximum of Six
Hundred and Twenty Five Thousand and 00/100 Dollars ($625,000.90), which will be
subject'to the escalation clause contained in these proffers. Such payment, shall be
made prior to the issuance of`the certificate of occupancy permit for all - building
Proffer Statement Pagel of 4
structures developed -on the Property. Each payment shall be in proportion to, the
square footage of the proposed construction on the P rope rty.consistent with the
development projection in the Traffic Impact,Stu ly, which amounts to $0.735/-
square foot. -of building structural development. Such funds can be used by the Board
of Supervisors in its disc "retion for transportation improvements, and can.also be
used as local match funding for County Revenue Sharing Program projects.
2. The owner agrees to limit the number of entrances for the Property to be rezoned to
a. maximum of two (2) entrances. One (1) entrance will feed directly into Dawson
Drive. Entrance'two (2) will use the existing entrance onto Apple Valley Road;
through parcel 63- A -58C.
3. The owner herby proffers to provide for inter - parcel connections within the
Property where possibleto mitigate transportation impacts.
Building Restrictions
The developmentofthe subject Property shall include the following building restrictions:
1. The maximum height for all primary and ancillary structures will be sixty (60) feet
within a distance of one thousand (1000) feet of Apple Valley Road. Roof top
mechanical equipment is not subject to the sixty (60) foot height restriction.
2. All loading,docks shall be screened from view from all adjacent properties in the
Rural Area (RA) or Residential Performance (RP) Zoning Districts that -are located'on
the east side of Route 37.
3. Utility service lines are to be constructed underground from the utility distribution
lines to the building service co;nnection:.,
Landscape Design Features
The development of the subject Property; and the submission of any Master Development Plan,
shall'indude °the °following landscape design features:
1,) There will be :a green space buffer between.Apple Valley Road and the existing pond
in thearea to bepezon:ed M1. The buffer extends out two hundred (200) feet from the
edge, of AppleValley Road. The green space buffer is to be left undisturbed and remain
in its natural state. The green space buffer may only be disturbed for.installation and
Proffer Statement Page 2 of 4
maintenance"of utilities; installation and maintenance of inter = parcel connections, and .
maintenance of the vegetation._ This is shown on the Generalized, Development Plan.
attached to these and made part of these proffers.
2),There will be a green space buffer provided along the northern border of the area to:
be rezoned M1. The green space buffer will run along the northern boundary separating
the M1 zoning from the RA zoning. The
'e gree'space buffer will be fiffy,(50) feet wide."
The starting point,for the, buffer is where the. area to be rezoned M1 meets Apple Valley
Road and runs the length of the boundary between the area to remain zoned RA and
the subject Property. The green space buffer`isto be left undisturbed and remain in its
natural state. The green space buffet may only be, disturbed for installation and.
maintenance of utilities, installation and maintenance of inter- parcel connections, and
maintenance of `the vegetation. This is shownon the Generalized Development Plan
attached to'these proffers.
Monetary- Contributions to Offset Impact of Development
The undersigned, hereby voluntarily proffers that if the Board of Supervisors foe the County of
Frederick, Virginia approves the rezoning for the:92.066 +1- acre.portion of Tax Map Parcel 63 -A-
801 to the Light Industrial (M -1) Zoning District, the undersigned will pay Frederick County, prior
to the issuance of the Certificate of Occupancy Per "mitfor the first structure constructed on, the
Light Industrial (M -1) Zoning District. portion ,of the parcel, the sum often thousand dollars
($10,000.0.0), for use by the Board in its discretion'for fire and rescue purposes.
Escalator
In the event the monetary contributions set-forth inthe. Proffer Statement are, paid to Frederick
County within eighteen (18) months of the approval of this rezoning, as applied for by the.
Applicant, said contributions. shall be in the amounts as stated herein. Any monetary
contributions set forth in this Proffer Statement which are paid to the County after eighteen
(18) months' following; the approval of this rezoning shall be adjusted in accordance with the
Urban Consumer Price Ind „ex (” P'W ") published by, the United States Department of Labor;
such that at the time contributions. are paid they shall be adjusted by °the percentage change in
the CPI =U from'that date eighteen (18) months after the approval of this rezoning to the most
recently available CPI -U to the date the contrib,utions;are paid, subject-to a cap of 6 percent
(6 %) per year, non - compounded:
Proffer Statement 'Page3 of 4
Respectfully=Submitted,
Blackburn Limited Partnership
OWNER:
BY: nilyp'191-A-SS
Date: q./ -1l
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -Wit:
The foregoing in`struinent was °acknow[edged before met 's �a _ day of
2015,'by 7G{/t -e<
My Commission expires
Notary Public
Proffer Statement
Page 4 of.4
0
REZONING REQUEST PROFFER.
Property Identification Number
63 -((A)) -801
Back Creek Magisterial District
Blackburn Commerce Center
Record Owner: Blackburn Limited Partnership
Applicant: Timothy Stowe
Original Date of Proffers: March 09, 2015
Revisions Date of Proffers: March 31, 2'015
Preliminary Matters
Pursuant to Section 15.2 -2296 et.seg.,, of the Code of Virginia, 1950, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect .to conditional zoning,,the
undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia, shall approve Rezoning Application: for the rezoning g of`Tax
Map Parcel 63 -A -801; a 128.82 -acre parcel, to establish 92.066 +/- acres of Light. Industrial (M -1)
Zoning District and 36.754 +/- acres of Rural Area (RA) Zoning District. Development of the
92.066 +/- acre Light Industrial (M -1) Zoning District, hereinafter referred to as the "Property ",`
portion of the Tax Map Parcel 63 -A -801 shall be done in conformity with the
term and conditions set forth herein, except to the extent that such terms and conditions may
be subsequently amended or revised by the applicant and such be approved by the Frederick
county Board of Supervisors in accordance with Virginia Law. In the. event that such rezoning is "
not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever:
These proffers shall be binding upon the owner and their legal successors or assigns.
Site Improvements
1. The owner agrees to participate in the cost: of transportation improvements in the
nearby area. The applicant' Will contribute to Frederick County a maximum of Six
Hundred and Twenty Five Thousand and 00 /:100 Dollars ($625;000.00), which will be
subject to the,escalation clause contained `in these proffers. Such payment shall be.
made prior to the issuance of the certificate of occupancy permit for all building
structures developed on the Property. Each payment shall be in proportion to the
s uare footage of the, proposed construction on the Which amounts to $0.735/ with the
q g P I?
development projection in the Traffic Impact Study,
squar6ioot of building structural development. Such funds can be used by the: Board
�j
of Supervisors in its discretion for transportation improvements, and can also be
use4 as local; match funding for County Revenue Sharing Program projects.
2. The owner agrees to limit the number o-f, entrances-for the Property to be rezoned to .
a maximum of two (2 -) entrances. One (1) entrance, will feed directly into Dawson
Drive. Entrance two (2) will use the existing entrance onto Apple Valley Road
through parcel 63- A -58C.
3. The owner herby proffers to provide for inter - parcel connections within the
Property where possible to mitigate transportation impacts.
Building Restrictions
The development of the subject Property shall .include the following building restrictions:
1. The maximum height.for all primary and ancillary structures will be in e-Fda" ^^
.� ,., +., �.,;, .,.. n.;.,-,Ree sixty (60) feet within a distance of one
thousand (1000) feet of Apple. Valley Road. Rooftop mechanical equipment is not
subject to the sixty (6-0) foot height restriction.
2.. All loading docks.shall be screened from view.from all adjacent properties in the
Rural Area (RA). or Residential Performance (RP) Zoning Districts that are located on
the east side of Route 37.
3. Utility service lines are to be constructed underground from the utility distribution
lines to the building- service connection.
Landscape Design Features
The development,of the s,ubject . Property, and the submission of any Master Development Plan,
shall include the following landscape design features:
Page 2 of 4
"MMMMIM M&M.T."WIRIMMIT"M
.. . .......
Building Restrictions
The development of the subject Property shall .include the following building restrictions:
1. The maximum height.for all primary and ancillary structures will be in e-Fda" ^^
.� ,., +., �.,;, .,.. n.;.,-,Ree sixty (60) feet within a distance of one
thousand (1000) feet of Apple. Valley Road. Rooftop mechanical equipment is not
subject to the sixty (6-0) foot height restriction.
2.. All loading docks.shall be screened from view.from all adjacent properties in the
Rural Area (RA). or Residential Performance (RP) Zoning Districts that are located on
the east side of Route 37.
3. Utility service lines are to be constructed underground from the utility distribution
lines to the building- service connection.
Landscape Design Features
The development,of the s,ubject . Property, and the submission of any Master Development Plan,
shall include the following landscape design features:
Page 2 of 4
to
7_ I
1) There will, be agreen space buffer between Apple Valley Road and the existing pond
in the area.to be rezoned, M1. The buffer extends out two hundred (200) feet from the
edge, of Apple Valley Road.. The green space buffer is to be left undisturbed and remain
in its natural state. The green space buffer may only be disturbed for installation and
maintenance of utilities, installation and maintenance of inter- parcel connections, and
maintenance of the vegetation. This is shown on the Generalized Development Plan
attached to these and made part of these proffers.
2) There will be a green space buffer provided along the northern border of the. area to
be rezoned M1. The green space ,buffer will run along the.northern boundary separating .
the M1 zoning from the RA zoning. The green space buffer will be fifty (50) feet wide,
The starting point for the; buffer is where the area to be rezoned M1 meets Apple Valley
Road and runs the length of the boundary between the area to remain zoned RA and
the subject Property. The-green space buffer is to be left undisturbed and remain in its
natural state. The green space buffer may only be disturbed for installation and
maintenance of utilities, installation and maintenance of inter - parcel connections, and
maintenance of the vegetation. This is shown on the Generalized Development Plan
attached to these proffers.
Monetary Contributions to `Offset Impact of.Development
The undersigned, hereby voluntarily proffers that if the, Board of Supervisors for the County of
Frederick, Virginia approves the rezoning for the 92.066 + /- acre portion of Tax Map Parcel 63 -A-
801 to the Light Industrial ('M -1) Zoning District, the undersigned will "pay Frederick County, prior
to the issuance of the Certificate of'Occupancy Permit for the first structure constructed on the
Light Industrial (M -1) Zoning District portion of the parcel, the sum of ten thousand dollars
($10,000.00), for use by the ,Board in its discretion for fire and rescue purposes..
Escalator
In the' event, the-monetary contributions set forth in the Proffer. Statement are paid to Frederick
County within eighteen (18) months of'the approval of this rezoning, as applied for by the
Applicant, said contributions shall be in the amounts as. stated herein. Any monetary
contributions set forth in this Proffer Statement which ,are paid to the County after eighteen
(18) months followingthe a,pp.roval of this rezoning.shall be adjusted in accordance with the
Urban Consumer Price Index,( "CPI -U ") published by the United States, Department of Labor,
such that at the time contributions are paid they shall be adjusted by the percentage change in
the CPI -U from that date eighteen (18) months after the approval of this rezoning to the most
Page 3 of 4
.. s
40
recently available CPI -U to the date the contributions are paid, subject to a, cap of 6 percent
(6 %) per year, non- compounded.
Respectfully. Submitted,
Blackburn Limited Partnership
OWNER;
By:
Date"
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -Wit:
The foregoing instrument was acknowledged before me this day of
�. 2015, by
My Commission expires
Notary Public
•
Page 4 of 4
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STOWEINGINEERING
103 HEATH COURT
WINCHESTER, VA 22602
• 540:336 0656 -
Rezoning Application for Blackburn Commerce. Center.
Aprii 2, 2015
Mr. Michael Ruddy
County of Frederick
Dep'artment of Planning and Development
107 North Kent Street, Suite, 202
Winchester, VA 22601
Re: Rezoning Application Comments
Dear Mr. Ruddy,
The following summary outlines agency responses to our; rezoning application: (Please see
attached documents for verification)
1) Frederick County Fire and Rescue Department of'the Fire Marshal
a. Plan approval was recommended
2) Fire and Rescue Volunteer Company Stephens City Volunteer Fire and..Rescue
a: Plan approved as proposed
3) Winchester Regional Airport
a. No comments or objections regarding the rezoning request.
4) .Freder,.ick County Sanitation Authority
a. Both water and sanitary sewer.service is available within a reasonable distance
to the site.
b. Sanitary sewer treatment capacity'at the waste Water treatment plant is
presently available.
C. The applicant should. perform a technical analysis for both water and sewer to
determine capacity prior,to construction/ use of the systems. This is being
performed in the design documents for the first building.
d:, Water and sanitary'sewers are to be"constructed in accordance with the FCSA
standards pecif i.cat ions. .
5) Frederick - Winchester Service Authority
a. No comments
• Mr: Ruddy
Page Two
April 2, 2015
6) Fredrick County Department of Public Works
a. -No comments regarding the" proposed rezoning.
b. They would expect future MDP /Site plans to included wetland delineations and
geological surveys of karst features. We will include this informotion in the MDP.
7) Virginia, Department of Transportation (VDOT).
:a. VD.OT is suspending their review and they are differing to Frederick County Staff.
8) Frederick County Attorney
a. The following are responses to the notes from the County Attorney.
i. Change made —See revised Proffers
ii. Change made — See revised Proffers
iii,:. Change made— See revised Proffers
iv. Change made — See revised Proffers ,
v. Change made e — See revised Proffers
vi. Change made —See revised Proffers
vii. Arrangements are being made outside of the. proffers.
viii. See adjustment to paragraph.
ix. The paragraph has been deleted. This will be:addressed in the MDP.
x. Change made —See. revised Proffers
xi. See modification to height restriction;
xii. We left the paragraph as stated,; this clarifies issues regarding property
on the other side of Route.37 and addresses screening that may be need
for the portion of the property that remains RA. .
xiii. Change made —See revised Proffers
xiv. The paragraph has been deleted. Please see the new paragraphs added
to this section that should further clarify landscaping'issu "es'.
xv. Change made —See revised Proffers. Blackburn Limited Partnership has
stated that Ms. Lewis is the only required signature_.
9) Historic Resources Advisory Board -
a. The HRAB has recommended approval of the rezoning application._
b. Please see the revised profferstatenient "Building Restrictions" section for
modification to the height requirement.
c. We have proffered a larger buffer area along Apple Valley Road, please see the
"Landscape Design Features /'section of the revised proffers_. No signage can be
placed in this expanded buffer area.
d. An agreement with the Kernstown. Battlefield Association has been made outside
of the project proffers. This agreement can be found attached to the HRAB
comments.
Mr. Ruddy
Page Three
April 2, 2015
10) Department of Planning and Development
a. Please see the revised proffer statement for a description of the added green
space buffer.
b. Please see the revised proffer statement for the modification to'the height
restrictions.
c. A GDP has been attached to the proffers. We have removed the reference to the
KBA agreement from the proffers and enhanced the size of the green space near
the pull -off area in the adjoining parcel:
d. Please see the GDP for the location of the entrances to the property.
e., We do not believe that pedestrian trails internal to the M1 area to be conducive
to the intended use. Trails /sidewalks may be added if the area remaining RA is
developed.
f Access to the RA portion from the M1 portion is being addressed in the land
contracts outside of the proffers.
g. Paragraph #4 of the "Site Improvements" has been removed from the proffers.
The private street issue will be addressed in the M:DP.
11 ) Frederick County Transportation The comments were included in the letter from
-
Planning and Development.
a. Staff believes our cash proffer to be a good strategy.
b. As noted previously, we do not believe that pedestrian trails internal to the M1
area to be conduciveto the intended use. Trails /sidewalks may be added`if the
area remaining RA is developed.
C., For an example of the cash proffer: We will be submitting a site and building.
plan for a project to start immediately if the property is rezoned, the County
could potentially see a monetary! contribution from the proffers of
approximately $153,000.00as early as December of 2015.
Please feel free to contact me with'any questions or concerns:
i
G� oJNjY SANlTgTio�G.
Q �
4 Z
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LL "C
fRtRERICK. COUNTY
• • ® AUTHORITY
9rFg4r voua S�Pa\
Post Office Box 1877
Winchester Virginia 22604 -8377
.March "18, 2015
Mr. Timothy Stowe
Stowe'Engineering, PLG
103; Health,Court
Winchester, Virginia 22602
Ref Rezoning Application'Coinments
Blackburn L mited_P;artnership:
Tax.Map # 63 -A -801
Dear Sir:
PH., -- (540)868 -1061
Fax — (540)868 -1429
www.fcso- water.com
Uwe E. Weindel, P.E.
Engineer- Director
Per your req proposed g pp 'on- has been performed. The Frederick County
Sanitation Authority , offers comments limited t th anticipat d impact/effect upon the Authority's public water
and sanitary sewer system and the demands thereon.
The parcels: are in the water and sanitary sewer area served by the -Authority. Based on the location ,both water and
sanitary sewer service is: available within a reasonable, distance from>.the site. Sanitary sewer treatfnent capacity at
the waste water, treatmentplant . js also ,presently, available.. Sanitary sewer conveyance capacity and layout will be
contingent on,the applicant performing a.technical analysis of the existing sanitary sewer system within the area
to be served and the, ability- of the existing conveyance isystem .to accept additional load. Likewise, water
distribution capacity will. require the applicant to perform a technical analysis of the existing system within the
re
aa to be served to determine +available capacity,of both the potable water system and the ability to provide fire
protection..
Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated
easements may be requires and based on:the layout vehicular access'will need to be incorporated into the final
design. All easements should be free °from' any encumbrance including permanent structures (fences, signs, etc.)
and landscaping (trees, shrubs,_ etc.)..
Please be aware that the Authority does not 'review or comment upon proffers and/or conditions proposed or
submitted by the applicant in support, of or in conjunction with this plan, nor does the Authority assume or
undertake any responsibility. to review pr comment upon any amended proffers and/or conditions which the
Applicant may hereafter`provide to Frederick County.
i Thank yop; /
w�e'E'* einde1. PE
i Engineer - Director
I
WATER'S WORTH IT
107 North Kent Street Wiht nester, Virginia. 226,01
Mr. Tiro Stowe -
March 20, 20I5
A.
Page 2
introductory paragraph appears to define the "subject property" as the'entire
_
parcel, but then says that only the portion to be. zoned Mi'would be subject to 'the
proffer terms. and conditions -Later on'in the Proffer Statement; However; there
:. lions that.are written -with reference to the "subject property" (which;'
p,
oa
ar ain pears to `be the entirety of `parcel 63= A -84I): This heeds clarification:. If '
g P
;the intent is-that h6 portion :of ill6 Proffer Statement, is to apply to ,t}ie portion` hat
would remain zoned RA'then;perhaps, to the introductory paragraph; th e words
"subject property .., should be replaced with "Tax Ma p Parcel f 3 =A 8011
® .Introductory paragraph ,It nmy be best simply to leave AN dftk in which the
application number can be written once a number is: assigned
® Introductory paragraph, last sentence Please' change "applicant ", to "owner" '
This prevents anyconfusion, particularly when third paxties act as the "applicant ",
as to the fact that. e owner (arid successors and assigns)1S bound by the proffers
. r
® :.Site Improvements; paragraph 1'- The'proffer refers to transportation
improvements m tl :e "surrounding.. area One interpretation of the word
"surrounding" is "encircling ",`whto . could potentially limit the proffer;to
immediately adjacent improvements ` If the;owner,intends to cover a•broador area,
it may be appropriate to use a different ;word, Such as, perhaps, "nearby ":
..Site Improvements; paragraph 2 Whi1e this ,does.not necessarily affect,the
Coririty's ability. to 'approve the rezoning, the owner should.be aware that rt will
need an appropriate legal arrangement'('easei ent or "other arrangemont)`in place
with the owner of parcel ;63 A 58C it order to have access through that parcel.f
® Site Im roveixients
p ;paragraph 3 = In light of the preceding paragraph in the
Proffer Staterrrent,'f assuxie that :this paragraph refers to Inter parcel conriecttons
within the Property such as between future'subdivided parcels within file
Pro ert but the rovision mi ht need to s eak more clean` m this re and
p Y
y' p g p. g
Improvements;paiagraph 4 ,= The Subdivision Ordinance currently requixes
chat all Lots shall abut and:have direct aecess'to a public street or right of=way '
dedicated for main enance" by the vtrg nia Department of Tran:
ansportation: Comity
Code'. 144 =24(C) "A proffer cannot render a local ordinance provision '.less
restrictive than as:the ordinances written See Clark v..Town olVltddlebur, 26
Va Cir 472- (Loudoun County i'990) (proffers cannot be construed to provide'a
variance from or to`_exceed the allowances ;of a zoning or,it ancej', If the'owner
.,seeks a deuiatron from the requirement;. he proper course would .be to deterznirie
whether a waiver under'County Code § 144 '5 would be appropriate TYiat section
:provides: "Variations in' or exceptions to the provisions of this chapter riiay.be`..
granted .by the Board of Supervisors "incases of unusuat situations or when strict
adherence to the°general regulations _wouldresult:in substantial injustice or
• .hardship:" .
4
RECEIVE*
MAR 21 2015
- COUNTY of FREDERICK
Department of Planning and Development
540/ 6.65 -5651
Fax: 540/ 665 -6395
March 18, 2015
Mr: Tim Stowe; PE
Stowe Engineering, PLC
220 Serviceberry Court -
StephenS.City, VA 22655
RE: Request for Historic Resources Advisory Board (HRAB).Comments
Blackburn Rezoning'
t Property Identification Number`(PIN):1'63 -A -801
Current Zoning District: RA (Rural Area)
Dear Mr, Oates:
The Frederick County Historic Resources:, Advisory Board (HRAB) `considered the above referenced
rezoning, proposal during their meeting on March 17, 2015. The HRAB reviewed , information associated
with the: Study of Civil War Sites in the Shenandoah Valley published by. the :National Park Service. and
information provided by the applicant's representative. This application seeks to rezone 92 acres of a
128.8 acre tract of land from, the: RA (Rural Areas) District to the M1 .(Light Industrial) District with
proffers; the: site fronts Apple Valley Road and Route 37 in the Back Creek Magisterial District.
Historic Resources Advisory Board Concerns.
The Study of Civil War Sites in the. Shenandoah Valley published by the National Park Service identifies
these properties as core battlefield; area -'for the. First and Second Battle Kernstown with retained
integrity. puring both baitles, there was troop movement that occurred across the subject property
(fighting occurred north of Middle Road• and east of Apple Valley Road). After reviewing this
information and the applicant's materials and proposals, the Historic Resources Advisory Board (HRAB)
recommended approval of the Blackburn Rezoning Application with the following conditions:
• The applicant shou'Id, consider a maximum height proffer to protect the viewshed of the Kernstown
Battlefield Propert-y,1his is especially important because of accessory features permitted to exceed
the height;.maximums;
• Freestanding signage,should,be;limited or prohibited along,Apple Valley Road..
• The buffer area along the pond should be expanded as,rriuch as possible;
107 North Kent Street, Suite 202 e Winchester, Virginia 22601 -5000
Mr. TO Stowe„ PE
Re: Rezoning of the Blackburn. Property
March 18, 2015
Page, 2
Please contact me with any-questions•concerning these comments from the'HRAB.
Sincerely.,
Candice.Perkins, AICP
Senior Planner
CEP /pd
cc: Lauren Murphy, HRAB'Chairman,;106 Dollie Mae, Lane, Stephens City, VA 22655
Graystone Corporation of Virginia, 1057 Martinsburg 'Pike:,'Winchester'VA 22603
Gary Crawford, President
1.95 Minebank'_Road; Middletown,, VA 22645
540:869,2896 - Email kbana kernstou-nbattle:ore
Mr. John "Good
Graystone. Corporation of Virg_ inia
1.05.7 Martinsbur&Pike
Winchester, VA 112604;
`Dear Mr. °Good:
14 March 2015
Thank you formeeting with me a few weeks ago,regarding the upcomingvplans for theproperty just south�ofthe
Kcrostown Battlefield. Thoseplans,,of course, 'are very much of interest to the KBAsince .our mission. s;preserve, protect and
interpret that very significant portion of U: S.: history; the Kernstown Battlefield. The,proposed development site soutWof
Apple Valley Road is - important horonly:because itwas a formation'�area for thevConfederate forces during the' First Battle of
Kernstown, buttoday it could serve to acquaintvisitors.and historians with.the baitlefeld as-viewed from the Confederate
positions. Following area few points that 1 recall`from our conversations.
1. Approximately 92 acres of the Blackburn Limited Partnership (Owner),,site southlofApple Valley Road and south of the
KBA property is'to be developed by constructing warehouse andlight manufacturing facilities. (1 understand that Graystone
Corporation of Virginia also owns an adjoining 41.35 acre parcel already zoned °for such purposes.)
2. The clearing and construction on.the first'project,could be as early as:mid -May which .would include the 11:35 acre parcel
as well as awadjoining 18:5 acres of the Blackburn property.
a. The buildings to be constructed by Graystone are�atiticipated;to be constructed primarily of concrete walls with very'little
reflective material and that glass would be mostly within,the.building entrance areas.
4. New tree plantings by Graystone on the: rezoned area,will,be,primaruyIdeciduous trees with some conifers which would be
historicaliy,Orrect for the Civil War. era. "(Barton's Woods stretched north from Bartonsville .[Springdale]'and;provided some
'cover for Gen. Jackson's Confederate troops as theYassembled.along Apple'Valley.Road )
5. -To permit the public to view'the Kernstown Battlefield from the Confederate perspective, Graystone will build a pull-off or
parking space °from the private road,.`hmdigg fito thebusiness park from.Apple Vall'ey:koad. Ii would'be able to accommodate
at I east one,motor•.coacli (bus).wiih an adequateturn around area, Graystone also erect an =historical marker similavin =size
and style td,.those:used at,the battlefield 'The�KBA will provide the text forthe sign.
6. To preserve historical items,'Graystone will permit a smalYK- BA- organized.,team of relic:hunters to.search;anyportion of
the.area.,to be_rezoned.that,it acquiresandAts: adjoining ,11.35 acre parcel.prior to excavation: This: search will be -ti mely so as
not to delay the construction,schedule an&should be concluded for the ehtiresite within six months from:the rezoning effective
date." Areas�mav be searched a-second time after. ground clearing and.excavation Nvork provided-that such searches take place
during''down times" so as:not to impair any;cpnstruction;work and to provide saferconditions for the'work�of the search team
All found; artifacts are to'be property of the'.Kernstown Battlefield',. Association for display in;its museum l visitor center. The
MM,w h.carefullv'select the small; relic = hunting; crew and,await approval of the property owner before:beginninganv search.
(The searchaof tbe,adjoining Graystone,;property hasialready been ,authorized) The KBA will provide Graystone and, when
appropriate, their. successors in title with evidence of liability insurance coverage to'b'e in force &ffina:any search activity.
�Sincerely-
"f
Gary C aw. ON
4r
Kemstown,.Battlefield Association
v
S . ri�
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540/665-6395
TO: Tim Stowe
,Stowe: Engineering, PLC..
FROM: Michael T. Ruddy, AICP
Deputy Director
RE: Rezoning, Comments: Blackburn Rezoning Application.
Dawson Drive /Apple Valley Road; PIN 63 -A -801.
DATE: March 2012015
The following comments are offered regarding the Blackburn . Rezoning Application.
This 'is a request to rezone 92.066 acres from RA (Rural Area) to Mt "(Light Industrial)
with Proffers. The review is generally based upon the Impact Analysis Statement, dated
March 7, 2015 and the accompanying proffer statement.
Prior to formal submission to the County, please ensure that these . comments and all
review agency comments -are adequately addressed. At a minimum, a letter describing
how each of the agencies' and their, comments have been addressed should be included as
part of the submission.
General'
1) Thee submission fee for this application would total $19;206:60, based upon
acreage of 92.066 acres.
Land Use
1)' 'The 2030 Corn rehensive Plan,and the Southern Frederick Plan provide guidance
on the future development of the property. The 203,0 Comprehensive Plan
identifies -the general area surrounding and including this property with an
industrial land use designation. The property is located within the Sewer and
Water Service ' Area (S W SA). In general, the proposed industrial land use
designation for this property is consistent with the :current land use supported by
the Comprehensive Plan.
107 North Kent Street,.Suite- 202 • Winchester; Virginia 22601 -5000
Blackburn Rezoning Application:;
Dawson Drive /Apple Valley Road; PIN 63 -A -801
March 20, 20.15
Page 2
Impact. Analysis and Proffer Statement.
Please address the following items from the Impact :Analysis and Proffer Statement
prepared for this Application.
1) The Zoning Boundary Exhibit prepared, for this request identifies the proposed
zoning line within the property separating the proposed' M (Light Industrial)
zoning from the existing, RA (Rural Areas).zoning. At no point does the proposed
Ml zoning abut adjacent property that would require a zoning district buffer. It
would be desirable to; recognize the existing residential land uses that are zoned
RP (Residential Performance) and are located immediately adjacent to the
Blackburn Property-. Some form of buffering and screening :consistent with that of
a zoning district buffer, or that °proffered on the adjacent developed industrial
property, would be effective.
2) The Building Restrictions and Landscape, Design Feature Proffers should be
further enhanced.. Presently, they provide, no commitment 'beyond what is
currently required by the Ordinance.
For your information, the original rezoning in this -area, R2 404=98 immediately
adjacent, to the subject property included several proffers aimed at mitigating any
impact on the adjacent residential land and historical properties: These included; a
maximum height of 60 feet for all primary and ancillary, 'structures; screening of
all to mechanical equipment, and screening, of all loading docks. from all
adjacent Rural Areas. (RA) and Residential Performance (RP) Zoning Districts.
Further, landscape design features were proffered between all developed parts of
the property and. all RA;and RP Zoning Districts. This included a berm that was a
minimum of 6 feet higher, than the adjacent Route '652 and landscape plantings
consistent with those of the landscape screen. Said landscaping was defined.
The,.maximum height. limit for primary structures in the 'Ml district is 60 feet.
However, ,certain height limitation exceptions exist that would enable a greater
height for certain structures. Of note, automated storage facilities in the M1
district would be permitted up to 100 feet in height.
3) The• Proffer Statement;' includes a reference to accommodating a yiewshed..request
of the KBA. The, Proffer Statement could be used, to further def rie this request. In
addition, the GDP could be used to a greater extent to illustrate, the location and
design of any proposed .landscape design features as described in the above two
comments. It is noted that the Generalized Development Plan provided is not a
proffered condition of this application.
Blackburn 'Rezoning, Application:.
Dawson Drive /Apple Valley'Road; PIN 63 -A -801
March 20, 2015
Page 3
4) The Transportation network in this area is identified in the County's Eastern Road
'Plan and is supported by.an improved Major Collector Road (Shady Elm Road),
an improved Minor Collector (Apple Valley _Road, and an improved Arterial
Road, Route 11 (Valley Pike). Access to the site via the existing entrance on to
Apple Valley Road and existing Dawson Drive is desirable. Any additional
entrances on to and improvements to, Apple Valley Road should be avoided at
this time.
5) Consideration should be given, however, to pedestrian or trail improvements
along Apple Valley Road =to complete this section -'of planned pedestrian
accommodations adjacent to the identified- minor collector .road. 'This could be
achieved internal to the property, adjacent to the area containing the numerous
existing easements.
6) The Generalized' Development. Plan for the Blackburn Property :identifies the
location of two private roads- accessing the.property. It is stated in the proffers that
access to the property, to be developed will be via these two entrances. Access to
the existing RA .land (tk land not subject to this rezoning) should be allowed
through these same two entrances to avoid additional entrances onto Route 652..
As previously noted; the Generalized Development Plan provided is not a
proffered 'condition of this application.
7) With regards to the private streets discussion in the proffer 'statement, this should
be removed from the rezoning discussion. A Board of Supervisors waiver of the
subdivision requirement that all lots have access to a State.maintained road would
be necessary. This should be requested as part of thei Master Development Plan
approval for this project.
The following transportation, comments have been provided by John. Bishop., County
Transportation Planner, and should be considered, as the County Staff s position on this
component of the rezoning..
Upon review bf the application for the rezoning of the Blackburn property it is
clear that -numerousAransportat on issues exist in the nearby vicinity. ,Key needs
for iniproyement include the intersection of Apple Valley Road and Route 11,
widening of'Rouwl 11; and the completion of Renaissance Drive from Route 11 to
Shady >✓lin Road. In order to. try and address their share of this traffic situation,
the applicant has offered a cash proffer that is based upon the 'BPG rezoning
proffer that was previously accepted.
Blackburn, Rezoning Application.
Dawson Drive /Apple Valley Road; PIN 63 -A -801
March 20, 2015
Page 4
Staff believes this is a good strategy in this situation as it acknowledges the most
key needs, are on property the applicant does not control right of way for and
,allows the County to. ;potentially leverage the cash proffer against state revenue
sharing dollars to accomplish more. It should be noted that the cash proffer
should be. in addition to bicycle and pedestrian improvements on site and along
the site frontage as well as any entrance requirements that might be made by the
Virginia.Department_of Transportation. .
In conclusion, please ensure that the above comments, and those offered by the reviewing
agency are addressed.
cc: Rod Williams, County .Attorney-
John Bishop; Deputy Director Transportation
MTR/pd
r.
'. REZON'ING: APPLICATION FORM
FREDERICK .COUN` Y,, VIRGINIA
To be, completed by Planning Staff.
Fee Amount Paid $ q
'7nninr. A.mPn�mantiNiim}'Pr. nl =l.� �"•r?'' . Tlatr fR- PrPivPr� .« a" `�
The following information.shall be provided by the applicant:
All parcel identification numbers, deed 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: Timothy Stowe Telephone: 540 =336 -0656 .
Address: Stowe Engineering, PLC
103 Heath Court, Winchester; VA,22602
2: Property Owner (if different than above):
® Name: Blackburn Limited Partnership Telephone:
Address: C/O Barbara Lewis
458 Devon Dr., 'Warrenton, VA 20186
K Contact person if other than above:
Name,: Timothy Stowe Telephone: 540- 336 -0656
4. Property Information:
a. Property Identification Number(s): 63- ( (A) - 801
b. Total acreage to be rezoned: 92.066 acres
C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being
rezoned): The parcel is 128.82 acres
d. Current zoning designation(s) arid•acreage(s) in-each designation: 128.56 Acres Zoned RA
e. Proposed zoning designation(s) and.acreage(s) in each designation'
36.754 acres are to remain RA,, 92.066 acres are to be rezoned M1
f. Magisterial District(s): Back, Creek Magisterial District
5. Checklist: Checkthe following items that have been included with this application.
IL!'._j
Location map Agency'Comments
Plat _ ✓ Fees
Deed to property ✓ Impact Analysis Statement
Verification of taxes paid ✓ Proffer Statement. v/
Plat depicting exact meets and bounds for the proposed zoning district
Digital copies (pdf s) of'all submitted documents, .maps. and exhibits
6. The Code of Vir; inia 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:.
Blackburn Limited Partnership
7. Adjoining Property:
PARCEL ID NUMBER USE ZONING
See attached list.
R. Location: The property is located at (give exact location based on, nearest road and distance from
nearest intersection, using road names.and route numbers):
The property is located adjacent to Apple Valley Road and Route 37. The northern boundary of the property has frontage:on Middle Road,
as well as the intersection of Apple Valley and Middle-Road. (This northern end of the property is -not included in the. "rezonind).
The southern; end of the;propertyborderssthe north`end of the unfinished portion of Dawson Drive. See Location Map-for more detail.
13
i
9.. The following information should be provided according to the. type of rezoning
proposed:
Number ofUnits Proposed
Single Family homes: Townhome: Multi- Family:
Non- Residential' Lots: Mobile Home: Hotel Rooms:
Square. Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing: 250,000
Restaurant: Warehouse: 660;060
Commercial: Other-'
10. Signature:
I (we), the undersigned, do hereby respectfully make 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( ) stand that the, sign.; ssued when this application is submitted must be placed at.
` we under
the front property,line at.least seven' days prior to the Planning Commission, 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(s) 9�_'07'44 Date: 3" Alt S
Date
Owner(s),
14
Date:
Date:
coG Special Limited Power of Attorney
County of, Frederick, Virginia
Frederick Plan ning ebsite: www.co.frederick.va.us
Department of Planning & Development, County,ofFrederick, 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) "
(lame) Blackburn Limited Partnership c/o Barbara Lewis (Phone)
(Address) 458 Devon Drive, Warrenton; VA;20186
the owner(s) of all those tracts or parcels of 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. DB 812 on Page 7O
Parcel: 63 Lot: Block: A Section: 801
do hereby make, ,constitute and appoint:
and is described as
Subdivision:
(Name) Timothy; s. Stowe (Phone) 540.686:7373
(Address) 103 Heath Court, 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:
X Rezoning (including proffers)
Conditional Use Permit
Master Development Plan (Preliminaty.and Final)
Subdivision
Site Plan
Variance or Appeal
My attorney -iii- fact „shall have the authority to offer proffered conditions and to make, amendments to previously
approved proffered conditions, except as follows:
none,
This,authoniation shall ex p rezone year from th`e�day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, I (we) have hereto aset any (our.) hand and seal. this Al Ct day of
Signature(s) . Ld2dZZ d
State °of Virginia, CitylCe�y of fjr/ C- toL—` & To -wit: ,,,�������►�r�,,
�NOLE Y F,l
1, Go e_a d /ey R . a !, a Notary Public in and for the jurisc�ichl�*,� 1 s2R
certify that the person(s) wl signed. to the foregoing instrument- personally appeared b.ef4e t1 and has
acknowl ged the same befor n1e in the jurisdiction aforesaid this fday of Z22Tf r. 20 Goo ®®
My Commission Expires: % .01
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1� coG REZONING APPLICATION #01 -15
q�4r� BLACKBURN COMMERCE CENTER
Staff Report for the Planning Commission
® Prepared: April 21, 2015
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed :° Action
Planning Commission: 05106/15 Pending
Board of Supervisors 05/13/15 Pending
PROPOSAL: To rezone 128.56 + /- acres as follows: 92.066 + /- acres from RA-(Rural Areas) District -
to M1 (Light. Industrial)` District with proffers, and. 36':754 + /- acres are to,remain RA (Rural "Areas)
District.
LOCATION: The property is located adjacent to Dawson Drive, Apple Valley Road and Route: 37.
.EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING
'COMMISSION MEETING:
This is an application to rezone a total of 92.066 ± /- acres of land from the RA (Rural. Areas) Di strictto
the M1 (Light Industrial) District with,proffers;to accommodate, industrial uses. The property is located
within the Sewer and Water Service Area (SWSA). In general, the proposed industrial land use
designation for this, property is consistent with 'the'current industrial- land use supported bythe 2030
Comprehensive Plan.
With this rezoning; the applicant has proffered that this project will contribute to .transportation .
improvements in the vicinity of the - property that have been identified as important to 'the overall
transportation solution, for this general area. The application has..addressed the. concerns, identified by
the various reviewing agencies and has worked with the.,Kernstown Battlefield.Association toreach an
agreement,that addresses the.historical :context of this rezoning application.; The application appears to
have mitigated many of the impacts associated with the rezoning request. The Planning Commission
should determine if the approach to addressing the transportation component of the application is
acceptable, and the amount of the potential proffer appropriate.
Followin,- the required public hearing, a recommendation rezardin- this rezonin,Q application to
the Board ofSupervisors would be appropriate. 'The applicant should be prepared to adequately
address all concerns raised by the Plannin,- Commission.
Rezoning #01 = -15 Blackburn Commerce Center
April 21., 2015
Page 2
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. If may also be useful to others interested in, this zoning matter. Unresolved issues
concerning this application are noted by staff wh ere. relevant throughout this staff report.'
Reviewed Action
Planning Commission: 05/06/15 Pending
Board of Supervisors: 05/27/15 Pending
PROPOSAL: To rezone 128.56 + /- acres as follows: 92.066 + /- acres from RA (Rural Areas) District
to M1 (Light. Industrial) District with proffers, and 36,.754+/- acres are to remain RA (Rural Areas)
District.
LOCATION: -The property is located adjacent to Dawson Drive, Apple Valley Road and Route 37.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 63 -A -80I
PROPERTY ZONING: RA (Rural, Areas)
PRESENT USE: Vacant/Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE: -
North: RA (Rural Areas) User Battlefield /Agricultural
RP (Residential Performance) Residential
South: M1 (Light Industrial) Use: Industrial
East: M1 (Light Industrial) Use: Industrial/Vacant
'West: RA (Rural Areas) User Agricultural
Rezoning #01 -15 Blackburn Commerce Center
April 21, 2015
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: District Planning has completed its review of the subject rezoning
TIA. In conversation with the Frederick County Deputy Director of Planning, Transporfation,..we,
understand that County staff has negotiated a proffer arrangement with the applicant in lieu of `the
findings of a TIA, and that they are satisfied with the prescribed mitigation. We have been notified that
there is specific time critical contractual arrangements at play which require a resolution of
transportation °impact mitigation immediately. It is for those reasons that, and in consultation With the,
County, that. we are suspending our review and are differing to Frederick County staff.
Fire and Rescue: Plan approved.
Public Works. Department: The Public Works Department does not, have any comments regarding the
proposed rezoning.. We would expect that any future Master Development Plans and Site Plans ,to
include copies of wetland delineations and geological surveys of kaist features:
Frederick County Sanitation Authority: Please see attached letter dated March 18, 2015; from Uwe
E: Weindel, PE. -
Frederick - Winchester Service Authority: No comments:,
Winchester Regional Airport: I have completed a review of the referenced rezoning proposal.
Allowed uses under this rezoning should not impact airside operations of the Winchester Regional
Airport therefore we have,no comments or objections regarding this rezoning request:
Frederick County Attorney: Please see attached letter dated March 20,. 2015, from Roderick B
Williams, County Attorney.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the
subject parcels as being zoned R -2 (Residential Limited). The subject. parcels were re- mapped
from R -2 to A -2 (Agricultural General) pursuant to the County's comprehensive downzoning
initiative (Zoning,AmendmentTetition #011 -80), which was adopted on October 8,1980, The
Countv's agricultural zoning districts were subsequently combined to form the RA (Rural
Areas) District.upon adoption of an amendment to the, Frederick County Zoning Ordinance on
May 10,1989. The corresponding revision of the zoning map resulted in the re- mapping of the
subject property and all other A -1 and A =2. _zoned land to the RA District.
Rezoning 401-15 Blackburn. Commerce Center
April 21, 2015
.Page 4
Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for the future growth of Frederick, County:
The 20.30 Comprehensive Plan is an official public document that serves as the community's
guide for making decisions regarding development, preservation, public facilities and other key
components of community life. The primary goal of this plan is to protect and improve the
living environment within Frederick County. It.is in essence a composition of policies ;used to
plan for the' future physical development of Frederick County.
The Area-Plans, Appendix I of the 2030 Comprehensive Plan, are the primary, implementation
tool -and will be instrumental to the future planning efforts of the County.
In order for anyproposed,rezoning to'be approved, the applicants will be expectedto contribute
a reasonable portion of the costs of new or expanded infrastructure needed to: serve the proposed
development. Such contributions can, be in the form of cash, dedicated, land, or constructed
improvements or in any other manner consistent with the Code of Virginia. [2030
Comprehensive. Plan, Implementing the Plan, Y]
Rezoning requests should be evaluated to determine their potential impacts-on public facilities.
Costs to the County should be estimated in term of what impact the"development, which could
result from the proposed rezoning, would have on public facilities and "'infrastructure.. [2030
Comprehensive Plan, Implementing the Plan, V]
Rezoning requests should not `be'approved unless the :net impacts on public facilities are
positive, or unless the negative impacts can be "adequately addressed through proffers .or some
other means. A request for rezoning may be turned down even though all fiscal impacts appear
to be addressed. If there <are other impacts which are not addressed'by the,rezoning_application,
or.f the request does not conform to this plan, a similar method should be developed for
determining the 'impacts of proposed developments. on transportation systems and other public
facilities. [2030 Comprehensive Plan, Implementing1he flan, V]
Land Use.
The 2030 Comprehensive Plan and the Souihe-rin.Freder ck Plan provide guidance on the future
development of the property. The 2030 Comprehensive Plan identifies the general area
surrounding and including this property`with an industrial, land use designation. The property is
located within the Sewer and Water Service Area (SWSA). In general, the proposed industrial
land use designation for this property:is consistent with the current land use supported by the
Comprehensive Plan
Site Access and Transportation:
The Transportation network in this area is identified in the County's Eastern Road,Plan and.is
supported by an improved Major Collector Road (Shady Elm Road), _an 'improved Minor
Rezoning #01 -15 Blackburn Commerce Center
April21, 2015
Page .5
Collector Road (Apple Valley Road), and an improved, Arterial Road; Route 11 (Valley Pike)..
Access to the site via the existing entrance on to Apple Valley,Road and existing Dawsori Drive
is desirable and has been proffered by the Applicant. Any additional entrances onto.; and
improvements to, Apple Valley Road should be avoided at this 'time. The Generalized
Development Plan for the ,Blackburn Property identifies the location of..two private roads
accessing the property.
Future consideration should be. given to pedestrian or trail improvements along"Apple Valley
Road to complete this section of planned pedestrian accommodations adjacent to`th_e;identified
minor collector road. This could be achieved internal to the property, adjacent to the area
containing the numerous existing easements.
Environment.
Issues concerning water quality, quantity, -use, and protection of water-resources are directly
relatedto -land development activities. Water supplies are needed to support development, while
surface and groundwater are potentially affected by development activities [2030
Comprehensive Plan, Section VII, Natural Resources].
History
According to the Rural Landmarks Survey, there are no significant historic structures located on
the property. It is noted that the National, Park Service Study of Civil War Sites in the
Shenandoah Valley does identify this property as core battlefield area for the First and Second
Battles.of Kernstown with retained. htegrity.
This application was presented to the County's Historic Resources Advisory Board (HRAB)
who recommended approval of the rezoning application, with conditions. The Applicant's
proffer statement addresses these conditions. An agreement with the Kernstown Battlefield.
Association has been made regarding, items that ,relate to the battlefield ;including building
construction, landscaping and buffering, public viewing space and historical signage, and the
exploration,for, and preservation of, historical. items,., The agreement has been,included.with.the
comments for.your information.
3) Site Suitability/Environment
The site i's not located within or near any 100 year floodplains. However, there are a substantial
amount of wetlands identified on the site. The wetlands delineation has occurred and will be.
incorporated into the Master. Development Plan for this. project. This area is known for karst
topography and.special attention should be paid during development for potential sinkholes.and,
related impacts:' This should .occur in coordination with the review of the County Engineer. The
site does contain a small area of woodlands that will be disturbed with the development of the
site.
Rezoning: #01- 15.Blackburn Commerce Center
April.21, 2015 .
Page ,6
4) Potential Impact "s .
This application recognizes_ the existing residential land uses that are zoned RP (Residential
Performance) District that are, located immediately adjacent to the Blackburn Property by
providing buffering and landscape screening consistent with that of the landscape portion of a .
zoning district buffer, on the portion of the. land that is to be rezoned,, adjacent to the proposed
zoning line. This green space buffer will be fifty feet wide and will remain`undisturbed to
continue its natural state and allow the maturing of the existing vegetation'. The Zoning
Boundary' Exhibit prepared for this request identifies the proposed zoning line within the
property separating the proposed M1. (Light Industrial) Zoning District from the existing RA
(Rural Areas) Zoning District. Therefore, -at" rio point does the proposed M1 zoning abut
adjacent property that would require a zoning district buffer.
For your information, the original rezoning in this area, RZ #04 -98 immediately adjacent to"the
subjectyroperty to the north, included several proffers, aimed at mitigating any impact on the.`
adjacent residential land and historical properties. These included; a maximum,height of 60 feet
for all primary and ancillary structures, screening of all rooftop mechanical equipment, and
screening of all loading docks from all adjacent Rural Areas (RA), and Residential Performance
(RP) Zoning Districts. Further, landscape design features were proffered.between all developed
parts of the property and all RA and RP Zoning Districts. This included a berm that was "a
minimum of 6 feet higher than the adjacent Route 652 and landscape plantings consistent with
those of the` -landscape screen. Said, landscaping was defined.
Recognizing this, the Blackburn Commerce Center application has addressed the 'height
component by proffering the same: standards to a point one .thousand feet from Apple Valley
Road. This distance is consistent with the depth of the above rezoning. Beyond.that point, the
County's current height requirements would apply. The maximum height limit for primary
structures in the MI District is 60'. However; certain height limitation exceptions-exist 1hat.
would enable a greater height for certain structures., Of note, automated storage, fac i I ities in the
M 1 District would be permitted up to 100' in height.
The landscape portion :of the above has been addressed in conjunction with the Kernstown
Battlefield Association.
Frederick Countv'Transnortation. Comments:
Frederick County Transportation's review of the application for the rezoning of the Blackburn
property has-made it clear that numerous transportation,issues exist in the nearby vicinity. Key
needs for improvement include the intersection of Apple Valley Road and Route 11, Widening
of Route 11, and the completion of Renaissance Drive` from Route 11 to Shady Elm.Road. In
order to try and address their share of this traffic situation, .the applicant has offered a cash
proffer that is based upon the .BPG rezoning proffer that was 'previously accepted. Staff
believes this is a good strategy in this 'situationas `it acknowledges the most key needs are on
property the applicant does not control right of way:, for and allows the County to potentially
leverage the .cash proffer against state revenue sharing dollars to accomplish more.
Rezoning ' #01 '15 Blackburn Commerce Center
April 21, 2015,
Page 7
It should be noted that the cash proffer .should be in addition .to bicycle and pedestrian
improvements on, site and along the site frontage as well as any entrance requirements that
might be made by the Virginia, Departinent of'Transportation.
5) Proffer 'Statement
`A) Allowed Uses:
All, of the uses permitted in the M I (Light Industrial) District would be allowed. No
additional use restrictions have been', proffered by the Applicant.
A Generalized Development Plan (GDP)'has been used to illustrate the location of the
proposed . landscape/green space/buffer area design features, the preservation of the:pond
area, and the location of the two entrances to the property.
B). Access Management and Transportation:
Dawson Drive and the, existing entrance onto Apple Valley Road are proffered as the .
two entrances for the property. Interparcel connections are also proffered to enable
future access to the balance of the Rural Area (RA) portion of the property.
The Applicant has prof fered to participate in the cost of transportation improvements in
the -nearby area. The method. for doing so 'is based upon a similar, model used, with the
BPG rezoning Application. The Applicant will contribute to Frederick County a
maximum of Six Hundred, and Twenty Five Thousand and 00 /1.00 Dollars
($625,,000.00). Such Payments shall be made_ prior to the issuance of a. Certificate of
Occupancy for all building structures developed on the property, with each payment
being in proportion to the square footage of the proposed. construction on the property.,
This is consistent with the TIA developed for the project. The funds would be available
to the .County ;in its discretion and may be used by the County as a local match for
Revenue Sharing Program projects.
As an example, the application describes an anticipated project that will be submitted
upon rezoning
that, may generate $153,000.00`for use in addressing transportation in the
nearby area. It should be rioted that-Abe proffered maximum contribution of $625,000.001
would not be immediately' available for use by the County. In addition; the
improvements would not be completed I by the ' Applicant. It iss most likely that .
improvement projects would he completed by others as part of a. Revenue Sharing
Project.
C) Site Development
The Applicant will develop the property with several building restrictions and landscape .
design features aimed at mitigating the impact of the project on the adjacent residential'
and historical properties proffered. These•include a maximum height a imitation of sixty
(60) feet for all structures for a distance of one thousand feet from Apple Valley Road,
Rezoning 40145 Blackburn Commerce Center
April 21, 2015
Page 8
the screening of all loading docks from adjacent properties, and the pro vision,of-greer
space buffer areas between Apple Valley Road and the development including the
existing pond and.a green space buffer fifty (50) feet wide in the area along the zoning
boundary.
D) Mitigating the of Development:
The Applicant has.proffered a cash contribution in the amount.of $10,000 to be directed
to Frederick County Fire, and Rescue. The purpose of thisAedication wo.uldbe to assist
in the capital facility needs of fire and rescue associated with the development of this
property.
STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING COMMISSION MEETING:
This is an application to rezone a total of 92.066 + /- acres of land from the RA (Rural Areas) District to
the M I (Light -Industrial) District with proffers to accommodate industrial uses. The property. is located
within the Sewer and' Water. Service Area (SWSA). In general, the. proposed industrial land use
designation for this property is consistent with the current, industrial land use supported by the 2030
Comprehensive'Plan.
With this rezoning, the applicant has ,proffered that this project will contribute to transportations
.improvements in the vicinity of the property that have been identified as important to the overall
transportation solution for this general area. The application has addressed the concerns t identified by
the various reviewing agencies and,has worked with the. Kernstown Battlefield.Association to reach an'
agreement that addresses thehistorical context of this rezoning application. The application appears to
have mitigated many of the impacts associated with the rezoning. request. The Planning Commission'
should determine if the approach to addressing the transportation component of the application:` is
acceptable,, and the amount of the potential proffer appropriate.
Following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The applicant should be nrenared to adeauately
address all concerns raised by the Planning Commission: