63A58_CentralCocaColaBottlingCompanyAMENDMENT
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Action:
PLANNING COMMISSION: Recommended Approval on April 1, 1998
BOARD OF SUPERVISORS: Approved April 22, 1998
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
Rezoning #004 -98 of Central Coca -Cola Bottling Company
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WHEREAS, Rezoning Application #004 -98 of Central Coca -Cola Bottling Company, was
submitted by Triad Engineering, Inc., to rezone 63.5 acres from RA (Rural Areas) District to M1
(Industrial Light) District. This property is located west of the intersection of Shady Elm Road
(Route 651) and Apple Valley Road (Route 652), and is identified with Property Identification
Numbers 63 -A -58 and 63 -A -59 in the Back Creek Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 1, 1998; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April
22, 1998; 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 63.5 acres currently zoned RA (Rural Areas) to Ml (Light Industrial) as described by the
application and plat submitted, subject to the attached conditions voluntarily proffered in writing by
the applicant and the property owner.
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This ordinance shall be in effect on the date of adoption.
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Passed this 22nd day of April, 1998 by the following recorded vote:
James L. Longerbeam, Chairman Aye Richard C. Shickle
W. Harrington Smith, Jr
Charles W. Orndoff, Sr.
Aye Margaret B. Douglas
Aye Robert M. Sager
A COPY ATTEST
Aye
Aye
Aye
Jo ley, Jr.
Frederick County AdLstrator
i
• 0.WGENDASUA WNEaESOLVMCOCACOL RES
PDR. #012 -98
0
REZONING REQUEST PROFFER
Property Identification Number
63- ((A)) -58 and 63- ((A))59
Back Creek Magisterial District
COCA -COLA BOTTLING FACILITY
Preliminary Matters
Pursuant to Section 15.2 -2296 et.sec. 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 #404 for the rezoning of 63.5052 acres from
Rural Area (RA) Zoning District to the Light Industrial (M -1)
Zoning 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 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 applicant and
their legal successors or assigns.
Site Improvements
1. The Applicant proffers that it shall design and construct
a realignment to Route 652 at the intersection of Route 651 and
Route 652. The realignment shall consist of shifting Route 652 to
the southwest to intersect Route 651 at a ninety (90) degree angle
and adding turn lanes on Route 652 as required by VDOT. Right -of-
way for the realignment of Route 652 will be dedicated to VDOT upon
approval of a site plan for the first building, or at the time the
property is subdivided.
2. The Applicant further agrees to dedicate a thirty -five
(35) foot right -of -way along the south side of Route 652 for the
entire parcel frontage that is not included in the realignment of
Route 651. Right -of -way for Route 652 will be dedicated to VDOT
upon approval of a site plan for the first building, or at the time
the property is subdivided.
• 3. The Applicant agrees to dedicate a sixty (60) foot right -
of -way along the west side of Route 651 for the enure parcel
REZON REQUEST PROFFER
COCA -COLA BOTTLING FACILITY
Page Z
• frontage. Right -of -way for Route 651 will be dedicated to VDOT
upon approval of a site plan for the first building, or at the time
the property is subdivided.
4. The applicant agrees to participate in the signalization
at the intersection of Route 11 and Route 652. When requested by
VDOT, the applicant will pay twenty thousand (20,000) dollars or
twenty -five (25) percent of the cost of the new traffic signal,
whichever is less.
5. The applicant agrees to limit the number of entrances
along the south side of Route 652 into this property to a maximum
of four (4) entrances. Two (2) entrances will be used by the Coca -
Cola Bottling facility. One (1) entrance will be used for each
separate parcel created by the subdivision of this property with
frontages along Route 652. All entrances along Route 652 will be
the width required by VDOT for two -way traffic based on the
proposed use of the parcel. The entrance for the western parcel of
land will be located at least sixty (60) feet east and not more
than 250 feet east of the western property line. The entrance for
the central parcel of land will be located at least thirty (30)
feet west and not more than 200 feet west of the western Coca -Cola
Bottling facility property line.
Building Restrictions
. The development of the subject property shall include the following
building restrictions provided in these proffers.
1. The maximum height for all primary and ancillary
structures will be sixty (60) feet. Roof top mechanical equipment
is not subject to the sixty (60) foot height restriction. However,
all roof top mechanical equipment will be screened from all
adjacent properties.
2. All loading docks shall be screened from view from all
adjacent Rural Area (RA) or Residential Performance (RP) Zoning
Districts.
Landscape Desian Features
The development of the subject property, and the submission of
any Master Development Plan, shall include the following landscape
design features provided in these proffers.
1. A full screen earth berm will be provided between all
developed parts of the subject property and all Rural
Area (RA) and Residential Performance (RP) Zoning
Districts, except where entrances are required for the
Coca -Cola Bottling facility. The top of the berm will be
® a minimum of six (6) feet higher than Route 652, with a
minimum top width of four (4) feet and maximum side
slopes of four horizontally to one vertically. During
REZON� REQUEST PROFFER
COCA -COLA BOTTLING FACILITY
Page 3-
• the development of the future parcels of land adjacent to
the earth berm, the berm shall only be removed to the
extent required to accommodate the new entrance to the
site from Route 652. if during construction the berm is
removed in excess of that required to accommodate the
entrance, the berm will be replaced to the maximum extent
possible by the developer of the parcel of land.
2. Landscape screening shall be provided in accordance with
the Frederick County Zoning Ordinance and in conjunction
with the full screen earth berm. Landscaping in
conjunction with the earth berm will consist of a mixture
of evergreen and deciduous trees. At least two thirds
(213) of the trees shall be evergreens. All trees shall
be of the type that will thrive within the Shenandoah
Valley. Evergreens shall be at least six (6) feet in
height at planting. Deciduous trees shall have a
calliper of at least two (2) inches at a height of one
(1) foot above root ball.
Covenants and Restrictions
The Applicant shall record and include in each deed as well as
provide Frederick County with a complete., set of Covenants and
Restrictions in substantial conformance with the Protective
Covenants and Restrictions as submitted with the Impact Analysis
• Statement and these Proffers.
Monetary Contributions to Offset Impact of Development
The undersigned, who has a contract to purchase the subject
parcel of land, hereby voluntarily proffers that if the Board of
Supervisors for the County of Frederick, Virginia approves the
rezoning for the 63.5052 acre tract, lying on the west side of
Route 651 and the south side of Route 652 in the Back Creek
Magisterial District of Frederick County, Virginia from Rural Area
(RA) Zoning District to the Light Industrial (M -1) Zoning District,
the under signed will pay Frederick County, at the time of the
issuance of the first grading permit, the sum of nineteen thousand
four hundred forty -four dollars and seventy -four cents ($19,441.74)
to be allocated to the Stephens City Volunteer Fire & Rescue
Company.
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REZON REQUEST PROFFER
COCA -COLA BOTTLING FACILITY
Page 4
• Respectfully Submitted,
CONTRA OWNERS:
By: f �� It, �O rn <L �.c 9 /. ��h,!
Date:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this C �2 7 -t
day of e vAt , 1998, by AM5 C� �� s�' A �✓
My Commission expires A o JeM be12 3 4, i 9 9 9
Notary Public
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I�
U
REZO. !G REQUEST PROFFER
COCA -COLA BOTTLING FACILITY
Page 5
is OWNER:
By: Q 2/
Date:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this
day of � , 1998, by J
l
My Commission expires J J(.(e
Notary Public _
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E
PROTECTIVE COVENANTS AND RESTRICTIONS
FOR
COCA -COLA BOTTLING FACILITY
RECITALS
Whereas, the contract owner desires to create on the property
and any additions thereto an area of mixed business and light
industrial uses, and the desire to provide for the preservation and
enhancement of the property values, amenities and opportunities
within the property and for the maintenance of the real estate and
improvements thereon, and to this end desires to subject the
property to the covenants, restrictions, easements, charges and
liens hereinafter set forth.
ARTICLE I
PURPOSE
It is the purpose of this Declaration to assure the orderly
and attractive development of the property in an efficient and
• harmonious manner, to preserve and enhance property values,
amenities and opportunities within the property, to promote the
health and safety of the occupants and to maintain a harmonious
relationship among the structures and the natural topography
thereon. This declaration is designed to complement the Frederick
County Zoning Ordinance and other local and state government
regulations and ordinances, and where conflicts occur, the more
rigid requirement shall prevail.
ARTICLE II
PERMITTED AND PROHIBITED USES
PROHIBITED USES
Approval from any public agency notwithstanding, no operation
will be permitted which creates objectionable noise, smoke, odor or
which in any other way, in the opinion of the Board, will
constitute a nuisance or degrade the values of the real estate
within or adjacent to the property!
No rubbish or debris of any kind shall be placed or permitted
to accumulate upon or adjacent to any site, except in approved
waste containers.
PROTECTIVE COVENAN( AND RESTRICTIONS
COCA -COLA BOTTLING FACILITY
Page 2-
• ARTICLE III
DEVELOPMENT STANDARDS
BUILDING MATERIAL AND DESIGN
Exterior Walls
Exterior wall material shall be either pre -cast concrete, cold
storage panels or brick.
LANDSCAPING
Landscape Plan
All open areas on each lot not occupied by buildings and paved
areas shall be suitably graded and drained and shall be landscaped
with lawns, trees, shrubs or ground cover. The landscape plan
shall be submitted with the site plan for each planned development
within the subdivided parcel and shall show such things as the
planting of trees, shrubs, ground cover and grass and the
installation of earth berms and screens and optional underground
sprinkler systems. Plant material shall be in conformance with
American Association of Nurserymen Standards for Nursery Stock,
latest edition (ANN). Landscaping, as approved, shall be installed
within one planting season of occupancy or within six months of
substantial completion of any building, whichever occurs first,
provided that an extension may be granted in the event of inclement
weather. The date of substantial completion shall mean the date on
which the exterior walls and roof have been installed. The
installation and maintenance of all landscaping on each site shall
be done in a good and workmanlike manner.
Maintenance
All landscaping on each lot shall be properly maintained by
the owner of the lot. Maintenance shall include all necessary
cutting, watering, fertilizing, aerating, spraying, pruning and
required replacement. Dead or damaged planting material shall be
promptly replaced.
EXTERIOR LIGHTING
All exterior lighting shall be designed, erected, altered and
maintained in accordance with the fjnal drawings and specifications
as approved by Frederick County. Lighting shall be compatible and
harmonious throughout the entire property and shall be in keeping
with the specific use of the building. On -site lighting shall be
directed away from all uses within the Rural Area (RA) or
Residential Performance (RP) Zoning Districts. Light sources shall
be screened to reduce visible glare from all adjacent properties
and public streets. All outside wiring for exterior lights shall
r,- . be installed underground.
PROTECTIVE COVENAN. AND RESTRICTIONS
COCA -COLA BOTTLING FACILITY
Page 3
UTILITIES
All new utility lines, including electrical and
telecommunication lines shall be installed and maintained
underground.
CONSTRUCTION
Once commenced, construction shall be diligently pursued to
completion. No construction or building materials, vehicles or
mobile buildings shall be located or stored within street rights -
of -way.
MAINTENANCE DURING CONSTRUCTION
During construction the owner shall be responsible for keeping
the premises in reasonably neat condition, preventing the
accumulation of trash, and shall prevent runoff of soil from the
site onto adjacent property or public rights -of -way..
MAINTENANCE
No building or other improvement on the property shall be
permitted by its owner or occupant to fall into disrepair, and each
such building and other improvements shall at all times be kept in
good condition and repair, properly maintained and adequately
painted or otherwise finished, clean and safe. All asphalt or
concrete paved surfaces shall be resurfaced or sealed as needed and
all potholes shall be promptly repaired. Unimproved sites shall be
maintained in a reasonably neat condition, free of debris.
STORM DRAINAGE SYSTEMS
Property owners will participate in any storm water management
program established or to be established for the property by the
declarant. Property owners shall contribute to the cost of
maintaining a common retention area and other shared storm water
management facilities on a contractual basis, as set forth in the
written agreements between the owner and the declarant.
ENVIRONMENTAL PROTECTION
Owners and occupants shall comply with all federal, state and
local government statutes, ordinances and regulations relating to
environmental protection, in relation to the property.
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