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Home My WebLink About05-06 Proffer StatementAMENDMENT Action: PLANNING COMMISSION: April 19, 2006 Recommended Approval BOARD OF SUPERVISORS: May 10, 2006 APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05 -06 OF COMMONWEALTH BUSINESS CENTER, LOT 2 VENTURES WHEREAS, Rezoning #05 -06 of Commonwealth Business Center, Lot 2, Ventures I, submitted by GreyWolfe, Inc., to rezone 12 acres from B3 (Industrial Transition Business) District to B2 (General Business) District with proffers was considered. The property is located at Commonwealth Court (Route 1167), north of the Route 11 and Route 37 Interchange, in the Back Creek Magisterial District, and is identified by Property Identification Number (PIN) 75- A -91B. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 19, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 10, 2006; 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 12 acres from B3 (Industrial Transition Business) District to B2 (General Business) District with proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #13-06 This ordinance shall be in effect on the date of adoption. Passed this 10th day of May. 2006 by the following recorded vote: Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux PDRcs. 13 -06 Aye Aye Aye Aye Barbara E. Van Osten Bill M. Ewing Charles S. Del- laven, Jr. A COPY ATTEST Aye Aye Aye John Riley. Jr. Frederick County Administrator Rezoning Property: Commonwealth Business Park, Lot 2 Proposed Proffer Statement Recorded Owner: Applicant: Project Name: Original Date of Proffers: Revision Date (s): 05 -06 12 acres PARCEL I D 75-4-91B Ventures I of Winchester, LLC Venture I of Winchester, LLC 124 W. Piccadilly St. Winchester, Virginia 22601 Commonwealth Business Park, Lot 2 September 9, 2005 December 9, 2005 January 12, 2006 February 13, 2006 March 24, 2006 April 7, 2006 Prepared by: PAINTER LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662 -5792 email: office @painterlewis.com PROFFER STATEN", PARCEL ID 75-A-91B page 2 Job Number: 0502016 Ventures I of Winchester, LLC (the applicant) is the owner of a parcel of land which contains approximately 12 acres of land currently zoned B3. The parcel is located on Route 1167, Commonwealth Court, off of Route 11. The applicant proposes to rezone and subdivide the parcel of land, TM# 75- A -91B, also referred to as Lot 2 of Commonwealth Business Park. This parcel is a 12 acre tract that is currently zoned B3. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application 05 -06 for the rezoning of parcel TM# 75 -A -91 B from B3 to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer a Generalized Development Plan (Exhibit 1), dated April 7, 2006, for the purpose of identifying the following proffered conditions. 2.) Extension of Route 1167, Commonwealth Court The applicant will construct the extension of Route 1167, Commonwealth Court, from the existing cul de sac through the subject parcel and terminating at the property boundary between the subject parcel and TM# 75- A -10A. This road extension will be completed before occupancy of any structure on the property. The road will be designed to VDOT standards for acceptance into the VDOT Secondary Roads System. Adjustments in the alignment of the road through parcel 75-A-91B may be made to accommodate an alternative subdivision layout provided the extension of the road is in place prior to the occupancy of any structure on the property. 3.) Dedication of Land for a Future Interchange The applicant will reserve a portion of the TM 75 -A -91 B for the purpose of facilitating the construction of a new traffic ramp from Interstate 81 southbound to Route 37. No development of TM 75 -A -91B will occur in the areas shown on Exhibit 1. The area of restricted development contains approximately 48,375 square feet (1.11 acres). Upon receiving 180 days notice from the Virginia Department of Transportation, the applicant will dedicate the reserved land to the Commonwealth of Virginia for the proposed interchange improvements. 4.) Signalization Agreement The applicant agrees to construct a traffic signal, meeting VDOT standards, at the intersection of Route 11 and Route 1167. The application understands that Signalization Agreements typically allow the development of the land to proceed without the PROFFER STATE i T PARCEL ID 75-A-91B installation of signalization and VDOT will secure actual traffic counts or ;other trafficA study to provide the warrants to initiate the design and construction of the traffic signal. The applicant also understands that he may be required to commit a certain percentage, or all, of the overall costs of the traffic signal based on past or future agreements between VDOT and adjacent property. The traffic signal will be operational prior to the occupancy of any structure on the property. 5.) Storm Water Management The applicant agrees to construction a storm water detention facility in accordance with the design standards of the Frederick County Zoning Ordinance. The facility will, to the extent practicable, provide storm water detention for the entire development area. The detention facility will be owned and maintained by an association of local land owners. The association will be established by the applicant. 6). Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Stephens City Volunteer Fire Company the sum of $1,000.00 for impacts to fire control services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: Date: fo Venture I of Winchester, LLC STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: T e foregoing instrument was ackno ledged before this 10 day of 20C Co by W Ls. k�al qa yAk 6 9/,..e.2H No Public F/l.t 4/114 -cfk co, i/Ifi aDm 4 u/I ,2. lo 31-6 page 3 63((A))888 H. P. HOOD. INC. ZONED: Y -2 EX. USE: INDUSTRIAL DB: 300, PC: 8390 DB: 935, PG: 739 75((A))91E LOT 5 PREIIP R 0 PROPERTIES 11,0 ZONED: 0 -3 DB: 950. PG: 704 75((A))91F LOT 6 OYCE MICHEAL D A CAROLINE N ZONED: B -1 01 -14954 83((A))86A H. P. HOOD. INC. ZONED: 11-2 EX. USE: INDUSTRIAL DB: 300, PC: 9390 DB: 936. PG: 739 75((A))910 LOT 4A SPIDERWEB TECHNOLOGY, 110 ZONED: B -3 EX USE: COMMERCIAL DB: 954. PG: 1648 75((A))911 LOT 40 THE MLR COMPANIES. 110 ZONED: B -3 EX, USE: AUTO SALES /SERVICE PST: 05004507 75((A))910 LOT 4C RAP RENTALS. LLC ZONED: B -3 USE: OFFICE/WAREBOUSE LOT AREA 1.59 acres DB: —04 -2686 75((A))91H LOT 8A PREI1P. MG PROPERTIES, 110 1.21 ACRES ZONED: B -3 IX USE: COMMERCIAL w3T: 000009444 83((A))85 VALLEY PROPERTIES LIMITED PR 9.27 ACRES ZONED: B -3 EX USE: COMMERCIAL DB: 959, PG: 829 PROFFER REGIONAL STY. WATER MANAGEMENT FACILITY 75((A))91C LOT 3A HODGSON CONS., 110 ZONED: B -3 USE: COMMERCIAL LOT AREA: 8.0238 acres DB: —02 -22812 PROFFER PROP. ROADWAY EXTENSOR PROFFER 1 -81 IMPROVEMENTS 12888. 2 S.F. 0.291* ACRE 1 -61 IMPROVEMENTS 12,039.73 S.F. 0.276t ACRES 1 -81 IMPROVEMENTS 23.851.48 S.F. 0.543* ACRES SURVEY NA C.1.: NONE ((A))52 11 E. LEWIN RIS LEWIN 1 ACRES 0: B -3 040010445 63((A »83 ERT D. JOHNSON VIA T. JOHNSON 0.28 ACRES ZONE): B -3 0300/0351 63((A »84 WILLIAM E. RROY UEDA L BROY 0.33 ACRES ZONED: B -3 D.O. T90, PC. 556 PROFFER #4 DRAWN BY: RD JOB NO.: 0502016 SCALE: DALE: 1's 200' 4/7/06 SHEET: Exhibit 1 200 0 Scale 1" 200 H 200 75((A))I0A WINCHESTER -81, I1.0 23.17 Acres ZONED: B -3 USE: VACANT DB: 721. PC: 190 DB: 813. PC: 593 75((A))918 LOT 2 VENTURES I OF WINCHESTER, 110 522,713 LJ. 11.998 Acres ZONED: 8 -3 VACANT INST. 0500113459 LIMITS OF I-61 IMPROVEMENTS Commonwealth Business Park, Lot 2 Rezoning Property: Recorded Owner: Applicant: Project Name: Original Date of Proffers: Revision Date (s): Proposed Proffer Statement 05=-0 12 acres PARCEL ID 75-4-91B Ventures I of Winchester, LLC Venture I of Winchester, LLC 124 W. Piccadilly St. Winchester, Virginia 22601 Commonwealth Business Park, Lot 2 September 9, 2005 December 9, 2005 January 12, 2006 February 13, 2006 March 24, 2006 Prepared by: PAINTER LEWIS, P.L.C. 16 South Stewart Street Winchester, VA 22601 Tel.: (540) 662 -5792 email: office @painterlewis.com Job Number: 0502016 PROFFER STATEMENT PARCEL ID 75 -A -91B Ventures I of Winchester, LLC (the applicant) is the owner of a parcel of land which contains approximately 12 acres of land currently zoned B3. The parcel is located on Route 1167, Commonwealth Court, off of Route 11. The applicant proposes to rezone and subdivide the parcel of land, TM# 75 -A -91 B, also referred to as Lot 2 of Commonwealth Business Park. This parcel is a 12 acre tract that is currently zoned B3. The owner wishes to have this property rezoned to B2 to accommodate preferred land uses within a future subdivision of the land. The proposed layout and division of the parcel can be seen in Exhibit 1 of the rezoning application. The applicant recognizes that good planning practice demands that consideration be given to local traffic patterns and to the management of storm water runoff. Therefore, Rt. 1167, Commonwealth Court will be extended to the adjoining parcel to the south. See Proffer 1. Land will be reserved for the future construction of a new interchange between Interstate 81 and Route 37. See Proffer 2. The applicant will enter into an agreement with VDOT to provide funding for a traffic signal at the intersection of Route 11 and Route 1167. See Proffer 3. To the extent practicable, a storm water management facility will be constructed on the land to provide storm water control for the entire development. See Proffer 4. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application 06 -oC for the rezoning of parcel TM# 75-A-918 from B3 to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Extension of Route 1167, Commonwealth Court The applicant will pay for the extension of Route 1167, Commonwealth Court, from the existing cul de sac through the subject parcel and terminating at the property boundary between the subject parcel and TM# 75- A -10A. This will be completed before occupancy of any structure on the property. The road will be designed to VDOT standards for acceptance into the VDOT Secondary Roads System. 2.) Reservation of Land for a Future Interchange The applicant will reserve a portion of the TM 75-A-9113 for the purpose of facilitating the construction of a new traffic ramp from Interstate 81 southbound to Route 37. Development of TM 75-A-91B will be restricted from the areas shown on Exhibit 1. The area of restricted development contains approximately 48,375 square feet (1.11 acres). Upon receiving 180 days notice from the Virginia Department of Transportation, the page 2 PROFFER STATEMENT PARCEL ID 75 -A -918 applicant will dedicate the reserved land to the Commonwealth of Virginia for the proposed interchange improvements. 3.) Signalization Agreement The applicant agrees to enter into a contractual agreement with the Virginia Department of Transportation for the construction of a traffic signal at the intersection of Route 11 and Route 1167. The application understands that Signalization Agreements typically allow the development of the land to proceed without the installation of signalization and that VDOT will secure actual traffic counts or other traffic study to provide the warrants initiate the design and construction of the traffic signal. The applicant also understands that he may be required to commit a certain percentage of the overall costs of the traffic signal based on past or future agreements between VDOT and adjacent property owners. 4.) Storm Water Management The applicant agrees to construction a storm water detention facility in accordance with the design standards of the Frederick County Zoning Ordinance. The facility will, to the extent practicable, provide storm water detention for the entire development area. The detention facility will be owned and maintained by an association of local land owners. The association will be established by the applicant. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. 5). Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Stephens City Volunteer Fire Company the sum of $1,000.00 for impacts to fire control services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. Submitted By: Date: for Venture 1 of Winchester, LLC STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: page 3 PROFFER STATEMENT PARCEL ID 75-A-91B The foregoing instrument was acknowledged before me this day of by page 4 Notary Public