HomeMy WebLinkAbout44A75_AdamsDevelopmentGroupAMENDMENT
Action:
PLANNING COMMISSION: August 18, 2004 - Recommended Approval
BOARD OF SUPERVISORS: September 8, 2004 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #11-04 OF ADAMS DEVELOPMENT GROUP
WHEREAS, Rezoning 911-04 of Adams Development Group, submitted by Greenway Engineering,
to rezone 59.708 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District. The
subject property is located in the Stephenson Community, fronting the west side of Martinsburg Pike
(Route 11), opposite the intersection with Stephenson Road (Route 664), and is identified by Property
Identification Number 44-A-75 in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on August 18, 2004;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 8, 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 59.708 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) 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.
PDRes #20-04
This ordinance shall be in effect on the date of adoption.
Passed this 8th day of September, 2004 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gina A. Forrester Aye Gary Dove Aye
Lynda J. Tyler Aye Bill M. Ewing Aye
A COPY ATTEST
John Vley, Jr.
Fredenck County Administrator
PDRes #20-04
Greenway Engineering June 21, 2004 Adams Development Group, Inc.
Revised August 19, 2004 Rezoning
ADAMS DEVELOPMENT GROUP, INC.
REZONING
Tax Parcel #44+A+75
Stonewall Magisterial District
Prelimin�U 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 #11-04
for the rezoning of 59.71 -acres from the Rural Areas (RA) District to Industrial
Transition (133) 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 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 Adams
Development Group, being all of Tax Map Parcel 44-((A))-75 and further described by
Boundary Survey Plat prepared by Edward W. Dove, L.S., dated July 29, 2003 (see
attached Boundary Survey Plat).
A.) Generalized Development Plan
The applicant hereby proffers to develop the 59.71 -acre property in substantial
conformance with a Generalized Development Plan approved as part of the rezoning
application. The Generalized Development Plan is intended to delineate the general
location and relationship of land bay uses.
B.) The following maximum building square footages for each specified land uses are
proffered. All other land uses, otherwise allowed (permitted) in the B3 zoning district
are hereby prohibited on the 59.71 -acre property.
1. office 40,000 square feet
2. office /warehouse 156,875 square feet
3. warehouse 492,500 square feet
4. self-service storage facility 146,200 square feet
TOTAL BUILDING AREA 835,575 square feet
File #3949/EAW/aje 1
Greenway Engineering June 21, 2004 Adams Development Group, Inc.
Revised August 19, 2004 Rezoning
C.) Transportation
1.) Access to Martinsburg Pike (US Route 11)
Direct access to Martinsburg Pike (US Route 11) will be provided through a single
shared commercial entrance to provide ingress and egress for all uses within this site.
This shared commercial entrance will be located so as to align with the existing
commercial entrance to the APAC site located on the opposite side of Martinsburg
Pike.
2.) Turn lane — Martinsburg Pike (US Route 11)
The applicant hereby proffers to install a right -turn deceleration lane at the entrance
on Martinsburg Pike (US Route 11).
3.) Additional Right-of-way Dedication
In the interest of future area transportation plan improvements, the applicant hereby
proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional
right-of-way on the Martinsburg Pike (US Route 11) frontage of the property.
4.) Corridor Improvements, Signalization
In recognition of offsite transportation impacts, the applicant hereby proffers to
contribute a prorated share of the cost of signalization improvements in the area of
Interstate -81 Exit 321. The Virginia Department of Transportation (VDOT) will
determine the appropriate location for signalization improvements and will determine
when this improvement is warranted. The applicant will enter into a signalization
agreement with VDOT that will provide a one-time contribution towards the cost of
signalization in a prorated amount to be determined by VDOT based upon the traffic
volume generated by the developed portion of the subject property.
D.) Outdoor Storage Buffer
The applicant hereby proffers to preserve a continuous strip of existing vegetation on
the west side of the Winchester and Western Railroad, as identified on the
Generalized Development Plan, to screen the outdoor storage area from Interstate 81
and the MH -1 property to the southwest. The applicant will preserve a minimum
depth of fifty (50) feet of the existing vegetation adjacent to both the Interstate -81
right-of-way and that approximately 242 foot portion of the property line shared with
the MH -1 zoned property to the south. Should such existing vegetation be deemed
insuffident screen by the Zoning Administrator at the time of site plan review, the
vegetative area will be supplemented with additional landscaping and/or opaque
structures as needed to meet ordinance standards.
File #3949BAW/ajc 2
Greenway Engineering June 21, 2004 Adams Development Group, Inc.
Revised August 19, 2004 Rezoning
E.) North (Kenilworth) Buffer
The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather
than a fence, as the opaque element within the one -hundred foot wide Category "C" full
screen adjacent to properties to the northeast.
F.) South Buffer
The applicant hereby proffers to utilize a minimum six foot high fence, rather than
earthen berm, as the opaque element within the one -hundred foot wide Category "C" full
screen adjacent to properties to the south.
G.) Corridor Appearance Enhancements
The applicant hereby proffers to enhance the appearance of the Martinsburg Pike (U.S.
Route 11) corridor through the implementation of a low-level earth berm and landscaping
along the frontage of the subject property. This enhancement will be located within a 20 -
foot wide green strip that is located immediately adjacent to and on the west side of the
dedicated 20 -foot right-of-way strip, which will contain an earth berm that is 2 -feet in
height with low-lying shrubs and a single row of deciduous flowering trees that are a
minimum of 1 '/2 caliper and planted on 30 -foot centers. This corridor appearance
enhancement will be designed to ensure that sight distance is not negatively impacted at
the commercial entrance to the subject property, and will be provided in conjunction with
the installation of the commercial entrance.
H.) Stormwater Quality Measures
The applicant hereby proffers that all commercial site plans submitted to Frederick
County are designed to implement best management practices (BMP) to promote
stormwater quality measures. A statement will be provided on each commercial site plan
identifying the party or parties responsible for maintaining these BMP facilities as a
condition of site plan approval.
I.) Monetary Contribution to Offset Impact of Development
The undersigned owner of the above-described property hereby voluntarily proffers
that in the event rezoning application #11-04 is approved, the undersigned will pay to
the Treasurer of Frederick County, Virginia the following amount:
$ .01/ building square foot
File #3949/EAW/ajc 3
Greenway Engineering June 21, 2004 Adams Development Group, Inc.
Revised August 19, 2004 Rezoning
This payment, potentially totaling $8,355 is intended to offset the additional cost to
Frederick County, and more specifically Frederick County Fire and Rescue, due to an
increased demand on public services. The proffer increments will be paid at the time
of the building occupancy permits.
J.) Signatures
The conditions proffered above shall be bindingupon 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 the Frederick County Code.
Respectfully Submitted:
ADAMS DEVELOPEMNT GROUP, INC
By: L2,, Q
o ert . Adams, its President ` Date
Commonwealth of Virginia,
Cit ounty E—Ved c vict To Wit:
The foregoing instrument was acknowledged before me this 24*bay of cklc {`
20C/tby�-.Cry
Notary Public
My Commission Expires 2, -VO
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File #3949/EAW/aje