HomeMy WebLinkAbout10-05 Proffer StatementAMENDMENT
Action:
PLANNING COMMISSION: July 6, 2005 Recommended Approval
BOARD OF SUPERVISORS: August 10, 2005 APPROVED DENIED
PDRes #32 -05
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #10 -05 OF WAKELAND PROPERTIES
WHEREAS, Rezoning #10 -05 of Wakcland Properties, was submitted to rezone 7.26 acres from RA
(Rural Areas) District to B2 (General Busine District for commercial use. These properties are located
east and adjacent to Front Royal Pike (Route 522), approximately 350 feet south of the Papermill Road
intersection, in the Shawnee Magisterial•District, and are identified by Property Identification Numbers
(PINS) 64 -A -29 and 64 -A -30.
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 6, 2005; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 10, 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 7.26 acres from RA (Rural Areas) District to B2 (General Business) District, as described by the
application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the
applicant and the property owner.
Proffer Statement
REZONING:
PROPERTY:
RECORD OWNER
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE(S):
Page 1 of 3
PROPOSED PROFFER STATEMENT
RZ. 10 -05
Rural Areas (RA) to Business General (B2)
7.26 acres
Tax Map Parcels 64 -A -29 30 (the "Property")
Wakeland Manor Land Trust
Wakeland Manor Land Trust
Wakeland Properties Front Royal Pike
June 10, 2005
N/A
Wakeland Properties
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced B2 conditional rezoning is not granted as applied for by the applicant "Applicant
these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last day upon which the Frederick County Board of County
Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court.
If the Board's decision is contested, and the Applicant elects not to submit development plans until
such contest is resolved, the term rezoning shall include the day following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provision of the proffers. The term "Applicant" as referenced herein shall include within its
meaning all future owners and successors in interest. When used in these proffers, the "Generalized
Development Plan," shall refer to the plan entitled "Generalized Development Plan, Wakeland
Properties" dated June 10, 2005 (the "GDP and shall include the following.
1. Land Use
1.1 The development of the site with B2 land uses shall not exceed 80,000 square feet of
gross floor area, excluding the floor area of mini- warehouse /self storage facilities,
which shall be permitted on the site without restriction to floor area except as
otherwise governed by the Frederick County Zoning Ordinance.
6/10/05
Proffer Statement
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Wakeland Properties
2. Site Development
2.1 Site entrances shall be limited to one (1) as shown on the Generali7rd Development
Plan (GDP), the exact design and location of which shall be determined upon final
engineering thereof pursuant to the specifications and approval of the Virginia
Department of Transportation (VDOT). (See 1 on GDP)
2.2 A 20' landscaped corridor buffer shall be provided along the Front Royal Pike
(Route 522) frontage of the site, which will include mixed ornamental plantings
consistent with good sight line characteristics for highway entrances. Said buffer
shall be installed prior to issuance of the first certificate of occupancy for the site,
and shall be provided in addition to the buffering and /or landscaping requirements
of the Frederick County Zoning Ordinance otherwise applicable to the site. One (1)
freestanding sign shall be permitted within the buffer area at the project entrance.
No other structures or impervious surfaces shall be permitted within the corridor
buffer, except those required for utilities and site access. (See 2 on GDP)
3. Transportation
3.1 The Applicant shall place the amount of 519,000 in an escrow account for
signalization of the intersection of Justes Drive and Front Royal Pike (Route 522)
and /or future design and construction of re- aligned Papermill Road. Such funds
shall be escrowed within six (6) months of rezoning approval, and shall be
released to the County within 90 days of a written request by the County.
3.2 The Applicant shall install turn lane improvements on Front Royal Pike (Route 522)
to ensure safe and efficient site access. The exact location and design of such
improvements shall be determined upon final engineering thereof, and shall be in
accordance with Virginia Department of Transportation (VDOT) specifications.
3.3 The Applicant shall identify and reserve locations for inter- parcel pedestrian and
vehicular access during the master development plan (MDP) and /or site
development plan (SDP) process.
4. Monetary Contribution to Offset Impact of Development
4.1 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to
Frederick County for fire and rescue purposes. Said contribution shall be made at
the time of issuance of the first commercial building permit for the site.
4.2 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to
Frederick County for Sheriff's Office purposes. Said contribution shall be made at
the time of issuance of the first commercial building permit for the site.
Page 2 of 3 6/10/05
Proffer Statement
Respectfully submitted,
Date: 6 -/0
My commission expires
Notary Public
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
Wakeland Properties
h rnn
The foregoing instrument was acknowledged before me this f day of T V
2005, by NC% W q L +YKt. v)
Lent .v .s,
O
GO 1
Page 3 of 3 6/10/05
OUTPUT MODULE
APPLICANT: Wakeland Properties Net Fiscal Impact
LAND USE TYPE B2 Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For
REAL EST VAL $5,207,071 Required (entered in Cur. Budget Cur. Budget Cap. Future CUP/ Tax Credits Revenue- Net Capital Net Cost Per
FIRE RESCUE 6 Capital Faciltiies col sum only) Oper Cap Equip Expend /Debt S. Taxes, Other fUnadiusted) Cost Balance Facilities Impact Dwelling Unit
Fire and Rescue Department $38,047 $0 $0 538,047 #DIV /0!
Elementary Schools 50
Middle Schools $0 50 $0 $0 $0 50 #DIV /0!
High Schools $0
Parks and Recreation $0 $0 50 $0 50 #DIV /0!
Public Library 50 50 $0 50 50 #DIV /0!
Sheriffs Offices 50 $3,116 $0 $0 $3,116 $3,116 $0 #DIV /0!
Administration Building $0 $0 $0 $0 50 #DIV /0!
Other Miscellaneous Facilities $0 57,471 58,249 515,720 515,720 $0 #DIV /0!
SUBTOTAL $38,047 $10,587 $8,249 $0 $18,836 $18,836 $19,211 #DIV /0!
LESS: NET FISCAL IMPACT 53,660,133 $3,660,133 53,660,133 ($3,660133) #DIV /0!
NET CAP. FACILITIES IMPACT
METHODOLOGY:
NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed.
NOTES: Model Run Date 06/20/05 SKE
INDEX: "1.0" If Cap. Equip Included
INDEX: "1,0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg:
PLANNING DEPT PREFERENCES
1. Capital facilities requirements are input to the first column as calculated in the model.
2. Net Fiscal Impact NPV from operations calculations is input in row total of second column
(zero if negative); included are the one -time taxes /fees for one year only at full value.
3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts.
4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts.
5. NPV of future taxes paid to bring current county up to standard for new facilities, as
calculated for each new facility.
6. Columns three through five are added as potential credits against the calculated capital
facilities requirements. These are adjusted for percent of costs covered by the revenues
from the project (actual, or as ratio to avg. for all residential development).
Project Description: Assumes 80,000 square feet of retail use on 7.26 acres zoned B2 District
Due to changing conditions associated with development in the County, the results of this
Output Module may not be valid beyond a period of 90 days from the model run date.
1.0
0.0 Rev -Cost Bal
1.0 1.0 Ratio to Co Avg
1.000
1.342
$0 I #DIV /0!
Jame 2005 Wakeland Properties Front Royal Pike
PROPOSED PROFFER STATEMENT
PDRes #32 -05
This ordinance shall be in effect on the date of adoption.
Passed this 10th day of August-2005 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gina A. Forrester Na y Gary Dove Aye
Lynda J. Tyler Aye Bill M. Ewing Aye
Gene Fisher Aye
A COPY ATTEST
John'. ley, Jr.
Frederick County Administrator