34A2_SempelesPropertyAMENDMENT
Action:
PLANNING COMMISSION: April 7, 2004 - Recommended Approval
BOARD OF SUPERVISORS: April 27, 2004 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02 -04 OF SEMPELES PROPERTY
WHEREAS, Rezoning #02 -04 of Sempeles Property, submitted by Gilbert W. Clifford &
Associates, Inc., to rezone 10.35 acres from RA (Rural Areas) to B2 (Business General) and 101.92
acres from RA (Rural Areas) District to Ml (Industrial Light) District. The total area subject to this
rezoning request is 11.27 acres.. The subject properties are located east and adjacent to Martinsburg
Pike (Route 11) and north and adjacent to Woodbine Road (Route 669), and are identified with Property
Identification Numbers 34 -A -2 and 34 -A -4 in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 7, 2004; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 27, 2004; 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 10.35 acres from RA (Rural Areas) District to B2 (Business General) District, and 101.92
acres from RA (Rural Areas) District to M1 (Industrial Light) 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.
PD Res #04 -04
This ordinance shall be in effect on the date of adoption.
Passed this 27th day of April, 2004 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. VanOsten Aye
Gina A. Forrester
Aye
Gary Dove
Aye
W. Harrington Smith, Jr.
Aye
Bill M. Ewing
Aye
Lynda J. Tyler
Aye
A COPY ATTEST
JoluRWley, Jr.
Frederick County Administrator
PD Res. #02-04
V
REZONING REQUEST PROFFER
Property Identification Number 34-A -2 and 34-A -4
Stonewall Magisterial District
Frederick County, Virginia
Sempeles Property
Preliminary Matters
Pursuant to Section 15.1 - 491.1 et. sea. 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 for the rezoning of 101.9189 acres
from Rural Area (RA) Zoning District to Light Industrial (M -1) and 10.3492 acres from Rural
Areas (RA) to Business General (B -2) 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. Should this
petition for rezoning not be approved by the Board of Supervisors then these proffers shall be
deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the
applicant and their legal successor or assigns.
General Development Plan
The development of the subject property, and the submission of any Master Development
Plan shall be in conformance with all pertinent County regulations and shall be in substantial
conformity with the Generalized Development Plan (GDP), dated March 8, 2004, which is
attached hereto and incorporated herein by reference.
Street Improvements
The Applicant shall design and construct an industrial access road including entrance
improvements on U.S. Route 11 consistent with the County's adopted North East Land Use Plan
for the area, and according to uniform standards established by the Virginia Department of
Transportation (VDOT), and as may be provided in these proffers as illustrated on the
Generalized Development Plan which is attached hereto and incorporated herein by reference.
The road improvements shall include the following:
a. Along the property frontage on U.S. Route 11, the applicant shall construct curb and
gutter and storm sewer with a 12' or wider lane widening consistent with VDOT
commercial entrance standards. The applicant shall dedicate an additional 14' of right
of way along property frontage with U.S. Route 11. Two 36' or larger commercial
entrances shall be installed in approved locations, one south and one north of the
industrial access road intersection. (See 1 on the GDP). The southern commercial
entrance shall be right in/out in accordance with VDOT requirements.
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Revision 4/27/04
Rezoning Request Proffer
Property Identification Number 34 -A -2 and 34 -A4
Stonewall Magisterial District
b. The applicant shall construct an industrial access road to VDOT standards with
centerline intersection equal to the centerline intersection of Rest Church Road and
U.S. Route 11. The industrial access shall connect with Woodbine Road. (See 2 on the
GDP). The configuration and location of this collector road addition to the road system
shall be adjusted to conform with actual proposed use of the site subject to Frederick
County and VDOT approval at the site plan stage of development. The right of way
width for this road shall be 80'.
C. The applicant shall modify the VDOT proposed stoplight from 3 way to 4 way
intersection. (See 3 on the GDP).
d. The applicant shall enter into a signalization agreement involving partial cost sharing
for the Woodbine Road/Route 11 intersection. Establishment of the signalization
agreement will correspond with development of the industrial (Ml) portion of the site,
and will therefore occur prior to approval of the first site plan for Ml development.
The timing for ultimate signalization of the intersection will be determined by VDOT.
e. The applicant agrees to provide a TIA for each industrial (M -1) use at the time of site
plan. Additional street improvements suggested by the TIA will be negotiated with
VDOT as a part of the land use permit.
Landscape Design 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 and as
illustrated on the Generalized Development Plan dated March 8, 2004 which is attached hereto
and incorporated herein by reference:
• A twenty foot (20') landscaped green strip along the US Route 11 frontage portion of
the site. (See 5 on the GDP). Features within the landscape green strip include a low
berm (30" or less) with suitable low profile landscaping that will not conflict with
sight distance at entrances.
On Site Development
The applicant expects the industrial zoned portion of the site to develop with a minimum
of 1 and maximum of 8 end users depending on marketing conditions at the time of sale.
Covenants and restrictions of record shall control the standards of construction to include:
a. Fagade materials of buildings facing street to be concrete masonry (CMU) brick,
architectural block, dry vit or other simulated stucco, real or simulated wood or glass.
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Revision 4/27/04
b. All buildings within the development on the property shall be constructed using
compatible architectural style and materials, and signage for such buildings shall be
of a similar style and materials.
c. All buildings within the property shall be developed as a cohesive entity, ensuring
that building placement, architectural treatment, parking lot lighting, landscaping,
trash disposal, vehicular and pedestrian circulation and other development elements
work together functionally and aesthetically.
Additional Site Proffers
In addition to the proffers above, the applicant shall implement the following design
standards in construction on this site.
a. All utilities to be underground.
b. 2" caliper street trees on 50' centers along both sides of industrial access road.
c. Stormwater management pond facilities shall be lined with impervious liner materials
to preclude groundwater impacts.
d. All commercial and industrial structures shall have a geotechnical analysis and study
prepared prior to site plan approval.
e. Any use involving the retail or wholesale sale of diesel fuel for over the road truck
carriers shall not be conducted or performed on this site either in the commercial or
industrial zones.
Monetary Contribution to Offset Impact of Development
The undersigned, who owns the above described property hereby voluntarily proffers that
if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the
112.2681 acre site lying on the east side of U. S. Route 11 in the Stonewall Magisterial District of
Frederick County, Virginia from RA to M -1 and B -2, the undersigned will pay to Frederick
County for the Clearbrook Fire and Rescue Company the sum of $15,000.00, the Sheriff's Office
the sum of $3,000.00 and the Administration Building the sum of $2,000.00 for a total payment
of $20,000.00, at the time the first building permit is issued.
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in interest of the Applicant and Owner. In the event the Frederick County
Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions
shall apply to the land rezoned in addition to other requirements set forth in the Frederick County
Code.
Page 3 of 5
Revision 4/27/04
Respectfully submitted,
PROPERTY OWNER
By: By. 6��J L'a'
Geo ge M. Sempeles Carol T. Sempeles
Date: s �� / Date: 5 Y3/0`
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this�day of
2004, by G eoc(tg R--), a!- CQ`O
My commission expires � ,r � - � n - (��
Notary Publics �1�C�U�IEg =Y�r71
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Revision 4/27/04
PROPOSED ZONING AREA
B -2 Zoning Commercial. Sites) 9.9997 Ac
B -2 Zoning (R/W Dedication) 0.3495 Ac
M -1 Zoning 101.9189 Ac
TOTAL AREA 112.2682 Ac
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SEMI PIROPER
GENERAUZED DEVELOPMENT PLAN
FREDERICK COUNTY, WRGINIA
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gilber w. Clifford I & associates, inc.
En* a Lend Hart water OuaHy
117 E Picaddry SL Winchester, Virginia 22601
(SW) 6 -2139 FAX: (540) 665 -0493 EAWL gwcaram®eod
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