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Home My WebLink About03-05 Proffer StatementAMENDMENT Action: PLANNING COMMISSION: April 6, 2005 Recommended Approval BOARD OF SUPERVISORS: April 26, 2005 a8 APPROVED DENIED WHEREAS, Rezoning #03 -05 for North Stephenson, Inc., was submitted by Greenway Engineering to rezone 79.13 acres from RA (Rural Areas) District to M1 (Light industrial) District. These properties front on the east side of Martinsburg Pike (Route 11 North), just north of the Interstate 81 Exit 317 northbound off -ramp, immediately northeast ofRedbud Road (Route 661), in the Stonewall Magisterial District, and are identified by Property Identification Numbers (PINs) 43 -A -150, 43 -A -151, 43 -A -151 A, 43 -A -152, 43C- 3-2, 43C-3-3. 43C-3-4, 43C -3 -4A, 43C -3 -5 and 43C -3 -7A. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 6, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 26, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 79.13 acres from RA (Rural Areas) District to M1 (Light Industrial) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the properly owner. PURcs. 17 -05 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03 -05 FOR NORTH STEPHENSON, INC. This ordinance shall be in effect on the date of adoption. Passed this 26th day of April, 2005 by the following recorded vote: PDRes. #17 -05 Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Aye Gary Dove Aye Lynda J. Tyler Aye Bill M. Ewing Ave Gene E. Fisher Aye A COPY ATTEST Joh !!Riley, Jr. Frederick County Administrator Greenway Engineering REZONING: RZ# 03 -05 Rural Areas District (RA) to Light Industrial District (MI) with Proffers PROPERTY: 79.13 acres Tax Parcels #43 -((A)) -150, 43 -((A)) -151, 43- ((A)) -151A, 43 -((A)) -152, 43C- ((3)) -2, 43C- ((3)) -3, 43C- ((3)) -4, 43C- ((3)) -4A, 43C- ((3)) -5, 43C- ((3)) -7A RECORD OWNER: North Stephenson, Inc. APPLICANT: North Stephenson, Inc. (here -in after "the applicants PROJECT NAME: North Stephenson, Inc. Light Industrial Rezoning ORIGINAL DATE OF PROFFERS: October 13, 2004 REVISION DATE: May 13, 2005 Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 03 -05 for the rezoning of the 79.13 -acres tract from the Rural Areas (RA) District, to Light Industrial (M1) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the applicants and their legal successors, heirs, or assigns. The subject property is more particularly described as the land owned by North Stephenson, Inc. being all of Tax Map Parcels 43 -((A)) -150, 43 -((A)) -151, 43- ((A))- 151A, 43 -((A)) -152, 43C- ((3)) -2, 43C- ((3)) -3, 43C- ((3)) -4, 43C- ((3)) -4A, 43C- ((3)) -5, and 43C- ((3)) -7A, as evidence by recorded property deeds in the Frederick County Clerk of Court Office included with this rezoning proposal. File #3485/EA W October 13, 2004 Revised January 3, 2005 Revised May 13, 2005 PROPOSED PROFFER STATEMENT North Stephenson, Inc. Rezoning Greenway Engineering PROJECT PROFFER STATEMENT 1.) Transportation October 13, 2004 Revised January 3, 2005 Revised May 13, 2005 North Stephenson, Inc. Rezoning a) The applicants hereby proffer to construct, or cause for the construction of dual southbound left turn lanes on Martinsburg Pike (U.S. Route 11 North) at the major collector road intersection with Renzi Drive at the Rutherford's Farm Industrial Park. The southbound dual left turn lanes will be constructed at the same time that the Rutherford's Farm Industrial Park improvements to Martinsburg Pike are constructed. b) The applicants hereby proffer to construct, or cause for the construction of a right turn lane within the Martinsburg Pike (U.S. Route 11 North) right of -way at a location and distance acceptable to VDOT between the intersection of Redbud Road (Route 661) and the major collector road intersection serving as the primary entrance to the 79.13 -acre project site. A traffic study will be prepared and submitted to VDOT as a component of the site development plan for each proposed land use on the 79.13 -acre site to allow VDOT to determine when the proffered improvement is warranted. c) The applicants hereby proffer to provide for the dedication of right -of -way and for the allowance of temporary construction easements needed for the ultimate design of the major collector road from the CSX railroad to Martinsburg Pike. The dedicated right -of -way shall provide for the improvements identified from station 10 +00 to station 24 +00 on the Stephenson Village Major Collector Road Plan and CSX Crossing prepared by Greenway Engineering and dated October 2004, which is included as an exhibit with this proffer statement. The applicants further proffer to provide for the dedication of right -of -way acceptable to VDOT for the purpose of providing a right turn lane from the major collector road onto the internal street connection located at station 17 +00 on the subject exhibit. d) The applicants hereby proffer to enter into a signalization agreement with VDOT for the provision of a traffic signal at the major collector road intersection with Martinsburg Pike, which will align with Renzi Drive at the Rutherford's Farm Industrial Park. The signalization agreement shall provide for the pro -rata share of the traffic signal based on the projected traffic volumes identified in the Traffic Impact Analysis (TIA) compared to the projected traffic volumes identified in the TIA for the Rutherford's Farm Industrial Park and the TIA for the Stephenson Village Residential Planned Community. File #3485 /EAW 2 Greenway Engineering g) 0 October 13, 2004 Revised January 3, 2005 Revised May 13, 2005 North Stephenson, Inc. Rezoning e) The applicants hereby proffer to prepare and submit a traffic study to VDOT as a component of the site development plan for each proposed land use on the 79.13 -acre site to a determine the portion of the major collector road that will be required to be constructed based on the impacts associated with each future land use. f) The applicants hereby proffer to dedicate right -of -way to VDOT along Redbud Road for future improvements to the Interstate 81 Exit 317 interchange area. This right -of -way shall be dedicated to VDOT within 180 days of final engineering plan approval. The preparation of right -of- way dedication plats and legal documents associated with this dedication shall be prepared by parties other than the applicants. The applicants hereby proffer to dedicate a 50 -foot right -of -way and provide temporary construction easements to VDOT for the purpose of realigning Redbud Road (Route 661) from the current intersection at Martinsburg Pike (U.S. Route 11 North) to connect to the major collector road on the subject site. The purpose of the 50 -foot right -of -way dedication and temporary construction easements is to provide VDOT and Frederick County with an appropriate alternative to relocate Redbud Road. The dedicated 50 -foot right -of -way will connect to the intersection that is identified at station 17 +00 on the Stephenson Village Major Collector Road Plan and CSX Crossing prepared by Greenway Engineering and dated October 2004, which is included as an exhibit with this proffer statement. The location of the 50 -foot right -of -way to connect to this intersection will be agreed upon by VDOT and the property owners to allow for a minimum 25 mph geometric design criteria and will be made available at such a time that VDOT deems necessary. The preparation of right -of -way dedication plats and legal documents associated with this dedication shall be prepared by parties other than the applicants. The construction of the realigned portion of Redbud Road shall occur by parties other than the applicants. h) The applicants hereby proffer to prohibit commercial entrances along the western property line on tax parcel 43 -((A)) -152 adjoining the Redbud Road (Route 661) right -of -way. This proffer is intended to prohibit commercial entrance locations on the current alignment of Redbud Road and is not intended to prohibit commercial entrances internally to the subject site should Redbud Road be realigned through the subject site resulting from the widening of Interstate 81. File #3485 /EAW 3 Greeoway Engineering 2.) Structural Development October 13, 2004 Revised January 3, 2005 Revised May 13, 2005 The applicants hereby proffer to limit the structural development on the 79.13 -acre to a maximum of 800,000 square -feet of total floor area. 3.) Environmental Protection The applicants hereby proffer to provide for the delineation of karst features located on the 79.13 -acre site as a condition of master development plan approval. The applicants further proffer to conduct geoteclmical analysis for each site plan in which structural development or other site improvements are located within 50 feet of identified karst features. The geoteclmical analysis reports and methods for treatment of impacts shall be provided to the Frederick County Engineer for review and approval as a condition of site development plan approval. 4.) Viewshed Mitigation The applicants hereby proffer to prohibit the placement of freestanding and building mounted illuminated and non illuminated business signs facing the eastern property line of tax map parcel 43 -((A)) -152 to mitigate viewshed impacts from the 3 Winchester Core Battlefield Area. 5.) Fire and Rescue Monetary Contribution 6.) Martinsburg Pike Corridor Enhancement North Stephenson, Inc. Rezoning The applicants hereby proffer to provide a monetary contribution of $0.01 per square foot of structural development on the 79.13 -acre site occurring subsequent to rezoning approval. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for structural development, which may generate a maximum monetary contribution of $8,000.00 based on the proffered maximum square footage of structural development. The applicants monetary contribution will be directed to the Clearbrook Volunteer Fire and Rescue Company, which will provide first due response to the subject site. The applicants hereby proffer to provide corridor enhancements along Martinsburg Pike. The location and type of enhancements for this corridor will be identified on the Master Development Plan for the 79.13 -acre project site. file #3485 /EAW 4 Grccnway Engineering 7.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: B North Stephenson, Inc. Keven Omps October 13, 2004 Revised January 3, 2005 Revised May 13, 2005 Commonwealth of Virginia, City /County of The foregoing instrument was acknowledged before 2005" by Ye_u O nti�S My Commission Expires .,..L \3\ a.UO1 Date To Wit: this) day of 1 Nota Public North Stephenson, Inc. Rezoning File #3485 /EAW 5 Greenway Engineering 1 110 October 13, 2004 Revised January 3, 2005 PROPOSED PROFFER STATEMENT North Stephenson, Inc. Rezoning REZONING: RZ# Rural Areas District (RA) to Light Industrial District (MI) with Proffers PROPERTY: 79.13 acres Tax Parcels #43 -((A)) -150, 43 -((A)) -151, 43- ((A)) -151A, 43 -((A)) -152, 43C- ((3)) -2, 43C- ((3)) -3, 43C- ((3)) -4, 43C- ((3)) -4A, 43C- ((3)) -5, 43C- ((3)) -7A RECORD OWNER: North Stephenson, Inc. 'QOr APPLICANT: North Stephenson, Inc. (here -in after "the applicants PROJECT NAME: North Stephenson, Inc. Light Industrial Rezoning ORIGINAL DATE OF PROFFERS: October 13, 2004 REVISION DATE: January 3, 2005 Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 03 05 for the rezoning of the 79.13 -acres tract from the Rural Areas (RA) District, to Light Industrial (M1) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the applicants and their legal successors, heirs, or assigns. The subject property is more particularly described as the land owned by North Stephenson, Inc. being all of Tax Map Parcels 43 -((A)) -150, 43 -((A)) -151, 43- ((A))- 151A, 43 -((A)) -152, 43C- ((3)) -2, 43C- ((3)) -3, 43C- ((3)) -4, 43C- ((3)) -4A, 43C- ((3)) -5, and 43C- ((3)) -7A, as evidence by recorded property deeds in the Frederick County Clerk of Court Office included with this rezoning proposal. File #3485/EAW Greenway Engineering PROJECT PROFFER STATEMENT 1.) Transportation File #3485 /EAW October 13, 2004 Revised January 3, 2005 North Stephenson, Inc. Rezoning a) The applicants hereby proffer to construct, or cause for the construction of dual southbound left turn lanes on Martinsburg Pike (U.S. Route 11 North) at the major collector road intersection with Renzi Drive at the Rutherford's Farm Industrial Park. The southbound dual left turn lanes will be constructed at the same time that the Rutherford's Farm Industrial Park improvements to Martinsburg Pike are constructed. b) The applicants hereby proffer to construct, or cause for the construction of a right turn lane within the Martinsburg Pike (U.S. Route 11 North) right of -way at a location and distance acceptable to VDOT between the intersection of Redbud Road (Route 661) and the major collector road intersection serving as the primary entrance to the 79.13 -acre project site. A traffic study will be prepared and submitted to VDOT as a component of the site development plan for each proposed land use on the 79.13 -acre site to allow VDOT to determine when the proffered improvement is warranted. c) The applicants hereby proffer to provide for the dedication of right -of -way and for the allowance of temporary construction easements needed for the ultimate design of the major collector road from the CSX railroad to Martinsburg Pike. The dedicated right -of -way shall provide for the improvements identified from station 10 +00 to station 24 +00 on the Stephenson Village Major Collector Road Plan and CSX Crossing prepared by Greenway Engineering and dated October 2004, which is included as an exhibit with this proffer statement. The applicants further proffer to provide for the dedication of right- of-way acceptable to VDOT for the purpose of providing a right turn lane from the major collector road onto the internal street connection located at station 17 +00 on the subject exhibit. d) The applicants hereby proffer to enter into a signalization agreement with VDOT for the provision of a traffic signal at the major collector road intersection with Martinsburg Pike, which will align with Renzi Drive at the Rutherford's Farm Industrial Park. The signalization agreement shall provide for the pro -rata share of the traffic signal based on the projected traffic volumes identified in the Traffic Impact Analysis (TIA) compared to the projected traffic volumes identified in the TIA for the Rutherford's Farm Industrial Park and the TIA for the Stephenson Village Residential Planned Community. NOT CURRENT 2 Greenway Engineering g) October 13, 2004 Revised January 3, 2005 North Stephenson, Inc. Rezoning e) The applicants hereby proffer to prepare and submit a traffic study to VDOT as a component of the site development plan for each proposed land use on the 79.13 -acre site to a determine the portion of the major collector road that will be required to be constructed based on the impacts associated with each future land use. f) The applicants hereby proffer to dedicate right -of -way to VDOT along Redbud Road for future improvements to the Interstate 81 Exit 317 interchange area. This right -of -way shall be dedicated to VDOT within 180 days of final engineering plan approval. The preparation of right -of- way dedication plats and legal documents associated with this dedication shall be prepared by parties other than the applicants. The applicants hereby proffer to dedicate a 50 -foot right -of -way and provide temporary construction easements to VDOT for the purpose of realigning Redbud Road (Route 661) from the current intersection at Martinsburg Pike (U.S. Route 11 North) to connect to the major collector road on the subject site. The purpose of the 50 -foot right -of -way dedication and temporary construction easements is to provide VDOT and Frederick County with an appropriate alternative to relocate Redbud Road. The dedicated 50 -foot right -of -way will connect to the intersection that is identified at station 17 +00 on the Stephenson Village Major Collector Road Plan and CSX Crossing prepared by Greenway Engineering and dated October 2004, which is included as an exhibit with this proffer statement. The location of the 50 -foot right -of -way to connect to this intersection will be agreed upon by VDOT and the property owners to allow for a minimum 25 mph geometric design criteria and will be made available at such a time that VDOT deems necessary. The preparation of right -of -way dedication plats and legal documents associated with this dedication shall be prepared by parties other than the applicants. The construction of the realigned portion of Redbud Road shall occur by parties other than the applicants. h) The applicants hereby proffer to prohibit commercial entrances along the western property line on tax parcel 43 -((A)) -152 adjoining the Redbud Road (Route 661) right -of -way. This proffer is intended to prohibit commercial entrance locations on the current alignment of Redbud Road and is not intended to prohibit commercial entrances internally to the subject site should Redbud Road be realigned through the subject site resulting from the widening of Interstate 81. Pile #3485/EAW 3 Grecnway Engineering 2.) Structural Development 3.) Environmental Protection 4.) Viewshed Mitigation October 13, 2004 Revised January 3, 2005 5.) Fire and Rescue Monetary Contribution North Stephenson, Inc. Rezoning The applicants hereby proffer to limit the structural development on the 79.13 -acre to a maximum of 800,000 square -feet of total floor area. The applicants hereby proffer to provide for the delineation of karst features located on the 79.13 -acre site as a condition of master development plan approval. The applicants further proffer to conduct geotechnical analysis for each site plan in which structural development or other site improvements are located within 50 feet of identified karst features. The geotechnical analysis reports and methods for treatment of impacts shall be provided to the Frederick County Engineer for review and approval as a condition of site development plan approval. The applicants hereby proffer to prohibit the placement of freestanding and building mounted illuminated and non illuminated business signs facing the eastern property line of tax map parcel 43 -((A)) -152 to mitigate viewshed impacts from the 3 Winchester Core Battlefield Area. The applicants hereby proffer to provide a monetary contribution of $0.01 per square foot of structural development on the 79.13 -acre site occurring subsequent to rezoning approval. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for structural development, which may generate a maximum monetary contribution of $8,000.00 based on the proffered maximum square footage of structural development. The applicants monetary contribution will be directed to the Clearbrook Volunteer Fire and Rescue Company, which will provide first due response to the subject site. cr .�0 File 43485/RAW 4 Greenway Engineering 6.) Signatures Respectfully Submitted: By: Keven Omps By North Stephenson, Inc. Commonwealth of Virginia, City /County of 200C J c Lc 0 File #3485 /EAW O ctober 13, 2004 �QQot 'k Revised January 3, 2005 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Date To Wit: North Stephenson, Inc Rezoning 'L g rQ., rua2 The foregoing instrument was acknowledged before me this day of (\a-c. My Commission Expires -3u\\ 3 1 a00` CALS Notary Public Paz ct tr 5 osx..vs... u.�. 92se zz< 0.9 XYd SOU 299 -0PS •uoyd•I.y 20922.1u!SalA n.n.v..!M "'Ts vsa tl 1N000 N 10181- VI831S10 e ONISSO1:10 XSO Wild OV 100 BOPVW rtDER 20 0. 0e Arm '19 L 0990 014 130!1 11111 FwIx 191 30V11IA NOS--3-- ONIa33NION3 AVMN33119 4 1 k 0 in iWttop 00M2W 1/ tf ua -Z v NN 1/ i 0o w wO I/ /_IC IL w 53 o rc o it e l l 1 E 0How I f m �I w iSy '6m� t I C I tu 0 �d W oRQ m cg W, 2JW aI >W 1 a u 11- 4 o W E_ a W r- a E U Z W u- Z m aLO Wd W w Q a 0 V 0 K W W a arcd la, d'W W _1La a F LL 3 3 LV J Lu1mr1-1-0 W4 z to w7 I co 3 �_9E.ry� 9 1 zHHzz a!uta,IA agoyauiy anal OIH 6put,♦ ISI ON11133NION3 AVMN33H0 uaauaea.uaan, erne -zu os xae Son zee ow aum .,,us uaamau3 V N00D HJI83Q32Id 13PAISJ I83ISIOVNI TIVM3NO.LS ONISSOHO XSO NY1d aVOu 1:1O1O3T1O0 FHOPVW 3OV1UA NOSN3Hd31S 0 0 II 1 0 9 File #3485 /HAW Proffer Statement FREDERICK COUNTY PLANNING DEVELOPMENT