43A96_RutherfordsFarmIndustrialPark020008US
AMENDMENT
Action:
PLANNING COMMISSION: November 7, 2001 - Deferred
February 6, 2002 - Recommended Approval
BOARD OF SUPERVISORS: April 22, 2002 (d' APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #07 -01 OF RUTHERFORD'S FARM INDUSTRIAL PARK
WHEREAS, Rezoning #07 -01 of Rutherford's Farm Industrial Park was submitted by Greenway
Engineering requesting the following:
i To rezone 113 acres from RA (Rural Areas) and 3.7 acres from RP (Residential Performance)
to Ml (Light Industrial);
2. To rezone 21.8 acres from RA (Rural Areas) and 1.4 acres of RP (Residential Performance)
to B2 (Business General);
3. To rezone 14.5 acres from RA (Rural Areas) to 133 (Industrial Transition);
4. To include the entire 154.4 tract in the IA (Interstate Area Overlay) Zoning District; and
WHEREAS, This property is located at the northeastern quadrant of Interstate 81, Exit 317. The tract
is bounded by Interstate 81 on the west, and Martinsburg Pike (Rt. 11 North) on the cast and south and
is identified with Property Identification Numbers: 43-A-96;43-A-97;43-A-98;41-A-99;43-A-100;
43 -A- 111 in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on February 6, 2002;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 22, 2002;
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;
PDRes LT -02
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 113 acres from RA (Rural Areas) and 3.7 acres from RP (Residential Performance) to MI
(Light Industrial); 21.8 acres from RA (Rural Areas) and 1.4 acres of RP (Residential Performance)
to B2 (Business General); 14.5 acres from RA (Rural Areas) to B3 (Industrial Transition); and to include
the entire 154.4 -acre tract in the IA (Interstate Area Overlay) Zoning 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.
This ordinance shall be in effect on the date of adoption.
Passed this 22n day of April, 2002 by the following recorded vote:
Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye
Gina A. Forrester
A y e
Margaret B. Douglas
Aye
W. Harrington Smith, Jr.
A y e
Robert M. Sager
Aye
Lynda J. Tyler
Ave
A COPY ATTEST
Jol n . Riley, Jr.
Frederick County Urmn strator
crt
PDRes. 805 -02
0 : gcndu\ COMMENTS \REZONMG \RLSOLUINRutherford's Faim.wpd
Greenway Engineering - July 19, 2001 Rutherford'; ; arm Industrial Park
Revised January 7, 2002 _._.
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RUTHERFORD'S FARM INDUSTRIAL PARK
19—WIXIM
Tax Parcels 43 -A -111, 43 -A -96, 43 -A -97, 43 -A -98, 43 -A -99, 43 -A -100
Stonewall Magisterial District
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 # 07 -01
for the rezoning of 154.4 acres from the Rural Area (RA) zoning district to the following:
Zoning districts
• 116.7 acres Light Industrial (M1)
• 23.2 acres Commercial (132)
• 14.5 acres Commercial (B3)
Overlay district
• 154.4 acres Interstate Area Overlay (1A)
Development of the subject property shalt 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 this
applicant and their legal successors, heirs, or assigns.
The subject property, more particularly described as the lands owned by Richard Ray
Duncan, Janet D. Riddick, and Turner Enterprises, LLC being all or part of Tax Map
Parcels 43 -A -111, 43 -A -96, 43 -A -97, 43 -A -98, and 43 -A -99, 43 -A -100 and further
described by zoning plat prepared by Mark D. Smith, P.E., L.S., dated July 16, 2001
(Exhibit A).
A.) Maximum Building Structure Square Feet
The applicant hereby proffers to limit the total building structures to 1,400,000 square
feet for the entire 154.4 acres.
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Greenway Engineering July 19, 2001 Rutherford'ti "rarm O Industrial Park e
Revised January 7, 2002
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13.) Prohibited Uses
The following uses shall not be permitted on the proposed Industrial Park:
Description Sic
Truck Stop 5541
(Excluding Truck Stops, all other uses within SIC Code 5541 are hereby
acceptable and included)
C.) Transportation
L) Traffic Signalization
a.) A traffic signal will be installed by the applicant when warranted by the
Virginia Department of Transportation at the intersection of the proposed
Industrial Park entrance and the unnamed Comprehensive Plan collector road
in the configuration and design as approved by VDOT. The applicant shall
enter into and execute a signalization agreement prior to the first site plan
approval of said Industrial Park.
b.) A traffic signal will be installed by the applicant when warranted by VDOT at
the southbound ramps of the 317 interchange and U.S. Route 11 in the
configuration and design as approved by VDOT. The applicant shall enter
into and execute a signalization agreement prior to the First site plan approval
of said Industrial Park.
2.) Intersection Improvements
Intersection improvements at the proposed two entrances will be installed and
paid for by the applicant. The existing multi -lane system on U.S. Route 11 will
be extended north to the intersection of the proposed County Comprehensive Plan
Collector Road. All left and right turn lanes and pavement transitions north and
south of proposed County Comprehensive Plan Collector Road on U.S. Route 11
will be installed and paid for by the applicant. The improvements shall be
completed within one year of the first site plan approval and prior to the second
site plan approval for the Rutherford's Farm Industrial Park. If all or part of the
intersection improvements are required for the first site plan of the Rutherford's
Farm Industrial Park, they shall be made put of and constructed with this first site
plan.
3.) Right of Way Dedication
a.) The applicant hereby agrees to dedicate right of way to the Commonwealth of
Virginia along U.S. Route 11 adjacent to the property as determined by
VDOT. This right of way dedication shall be recorded prior to the approval of
Greenway Engineering S, - July 19, 2001 Rutherford's rarm Industrial Park O
Revised January 7, 2002
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the U.S. Route 11 construction plans prepared for the Rutherford's Farm Ut
Industrial Park as noted in Proffer C2 (Intersection Improvements) and Proffer
C5 (Route 11 and Northbound I -81 Ramp Improvements).
b.) The applicant hereby agrees to dedicate right of way to the Commonwealth of
Virginia along Interstate 81 as shown on Interstate 81 Improvement Study
VDOT Project No. 0081 - 968 -Fl 1, PE -100 MP 305 to West Virginia State
Lure Frederick County, dated November 1998 (specifically noted on Sheet 24
of said study). The right of way dedication shall be recorded prior to the
master development plan approval for Rutherford's Farm Industrial Park.
4.) Comprehensive Plan Road Construction
The applicant hereby agrees to coordinate, set aside right of way, and construct
the portion of the major collector road traversing on the land herehr to be rezoned
and developed and as outlined in the Frederick County Comprehensive Plan
Northeast Land Use Study adopted by the Frederick County Board e ['Supervisors.
on September 27, 2000.
Said collector road will be incorporated in and constructed with each site plan
submission that is adjacent to or part of the site plan.
5.) Route 11 and Northbound 1 -81 Ramp Improvements
The applicant will construct a third southbound lane on US Route 11 from the
northern most entrance of the applicant's property to the northbound 1 -81 tamp of
Exit 317. These improvements will include a 12' wide lane of approximately 600
linear feet in length to serve as a continuous right turn lane for the northbound
entrance ramp of the Exit 317 interchange. Additionally, the applicant will
construct turning radius improvements at the entrance ramp to ensure a smooth
transition. The improvements shall be completed within one year of the first site
plan approval and prior to the second site plan approval for the Rutherford's Farm
Industrial Park. If all or part of the intersection improvements are required for the
first site plan of the Rutherford's Farm Industrial Park, they shall be made part of
and constructed with this first site plan.
D.) Historic Resource
1.) Interpretative Signs
The applicant hereby proffers to provide an interpretive area in the location of the
old Rutherford's Farm House along U.S. Route 11 and more particularly at the
location of the old concrete steps that now remain. An easement of sufficient size
will be provided for a pull-off area and viewing. Three interpretative plaques will
be provided. They are as follows:
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Greenway Engineering July 19, 2001 Rutherford'§ earm Industrial Park Ln
Revised January 7, 2002 0_1
• The Second Battle of Winchester
• The Battle of Rutherford's Farm
• The Rutherford's Farm House
The interpretative plaques will contain language and pictures acceptable to the
Frederick County Historic Resources Advisory Board.
All work performed for the pull -off area will meet the minimum standards of
Virginia Department of Transportation and Frederick County Ordinances in
respect to Highway pull -off and safety. Ground maintenance of the interpretative
area will be performed by the Rutherford's Farm Industrial Park Association
under a separate continuous approved permit issued by VDOT.
2.) Landscaping
A transitional landscape buffer will be provided along U.S. Route 11 from
Interstate 31 traveling north to the Comprehensive Plan collector road and
transmission power line easement. This landscape easement will be 15' in width
and will consist of a low earthen mound of 2 -3' in.hcight with plantings of ground
covers, flowers, and grasses. Indigenous trees such as redbud, oaks, cedars, etc.
will be incorporated along said landscape easement in a cluster mass fashion to
provide a naturally planted look. The maintenance of said landscape buffer will be
the responsibility of the Rutherford's Farm Industrial Park Association and will be
installed with the first commercial development adjacent to said easement.
3.) Industrial Park Name
The applicant hereby proffers the naming of the Industrial Park to:
" Rutherford's Farm Industrial Park"
E.) Lighting
Building mounted lights and pole - mounted lights will be of a downcast nature and
shielded and directed away from adjacent properties surrounding the proposed
project. Lighting plans will be submitted as a separate attachment for review and
approval by the Frederick County Planning Department prior to installation.
F.) Signage
1.) Within the MI (Light Industrial) Zoning District, the applicant hereby proffers
that all freestanding business signs shall be monument -style not to exceed 12' in
height.
2.) Within the IA (Interstate Area Overlay) Zoning District, the applicant hereby
proffers to limit the total number of signs to three.
Greenway Engineering July 19, 2001 Rutherfor&s , arm Industrial Park O
Revised January 7, 2002 ..__
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G.) Recycling Proffer
Recycling programs will be implemented with each Industrial Park user to ensure
appropriate waste reduction, disposal, and recycling of any waste or byproduct
material. This program will be reviewed and approved by the Frederick County
Recycling Coordinator prior to final occupancy permit.
H.) Monetary Contribution to Offset Impact of Development
The undersigned owners of the above - described property hereby voluntarily proffer
that in the event rezoning application # 07 -01 is approved, and the property is
subsequently developed within an B2, B3, and M1 zone, the undersigned will pay to
the Treasurer of Frederick County, Virginia the following amount:
$ 10,000 for Frederick County Fire and Rescue
This payment is intended to offset the additional cost to Frederick County due to an
increased demand on public services and will be paid at the time of the first site plan
submission.
I.) 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 t� .Frederick County Code.
By:
Richard Ray
Commonwealth of Virginia,
City/ ounty f. F r'e_�✓t c y_
Oate
To Wit:
The foregoing instrument was acknowledged before me this Iday of -janyc' (
2cx)z. �-
2BEH by
Notary Public
My Commission Expires ZCX 4–
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Greenway Engineering t July 19, 2001 Rutherfwd`s 'Farm Industrial Park CD
Revised January 7, 2002
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By: WYIVJ' Lt e
a t D. Riddick Date
Commonwealth of Virginia,
Cit County
If tFVTjetllCL� To Wit:
The foregoing instrument was acknowledged before me this day of
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206+ by Jane+ D- 12idc(CcC—
Notary Pub dc
My Commission Expires Fe ov iJaq ZQ Ze:(
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By: /C
4rer te rprises, LLC Dat
Commonwealth of Virginia,
City Coun of Fy - ede. l d(L To Wit:
The foregoing instrument was acknowledged before me this I& day of k
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3991 by RJ 1U. ne r - Q) i — 1 r LL�C
_ Notary P is
My Commission Expires f P 6rA) t2 2(x )�--
VIRGINIA: FREDERICK COUNTY. SCC.
Phhiiss instrument of writing was produced to me on
o -, 4 o2 '� U Qom./ a t _ �oL : ��D f /Y�l
ndwithlerfificate of acknowledgement thereto annexed
. >as aad� to record. Ta imposed by sec. 56.1 -802 of
and 58.1 -501 have been paid, if assessable
6
�v . Clerk