3396_JCAIVWhitehallLLCAMENDMENT
Action:
PLANNING COMMISSION: September 21, 2005 - Recommended Approval
BOARD OF SUPERVISORS: October 12, 2005 81 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 414 -05 OF JCA IV IArHITEHALL, LLC
WHEREAS, Rezoning 914-05 of JCA IV Whitehall, LLC, was submitted to rezone 5 acres from RA
(Rural Areas) District to MI (Light Industrial) District and 15 acres from MI (Light Industrial) District to
M I (Light Industrial) District with modified proffers for Caterpillar Maintenance and Sales Facility. The
properties are located approximately 950 feet west from interchange 323 offs -81, approximately 2,560 feet
south of Rest Church Road, along proposed Zachary Ann Lane, in the Stonewall Magisterial District, and
are identified by Property Identification Numbers (PINS) 33 -9 -6, 33 -9 -7 and 33 -9 -8.
WHEREAS, the Planning Commission held apublic hearing on this rezoning on September 21, 2005;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 12. 2005;
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 5 acres from RA (Rural Areas) District to MI (Light Industrial) District and 15 acres From Ml
(Light Industrial) District to M1 (Light Industrial) District with modified proffers for Caterpillar
Maintenance and Sales Facility, 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 442 -05
This ordinance shalll be in effect on the date of adoption.
Passed this 12th day of October, 2005 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gina A. Forrester A Gary Dove Aye
Lynda J. Tyler A Bill M. Ewing Ave
Gene Fisher A ye —
A COPY ATTEST
r
John .`Kiley, Jr. f
Fre erick County Administrator
PDRes #42 -05
Alban Tractor Proffer Statement
REZONING: RZ# 014 -05
Rural Area District (RA) to Light Industrial District (Ml) with proffers
Light Industrial District (M -1) to Light Industrial District (MI) with Modified
Proffers
PROPERTY: 5 Acres
Portion of Tax Parcels 33- ((A)) -89 and 33- ((A)) -90
15.035 Acres Tax Parcels Portion of 33- ((9)) -8, 33- ((9)) -7, 33- ((9)) -6
RECORD JCA IV White Hall, LLC.
OWNERS:
APPLICANT: James C. Alban IV
Managing Member
JCA IV White Hall, LLC.
PROJECT NAME: Alban Tractor White Hall
ORIGINAL August 8, 2005
PROFFER DATE:
REVISION DATES: August 18, 2005
Preliminary Matters
Pursuant to Section 15.2 -2296 et. Seq. of the Code of Virginia, (1950, as amended),(the "Code ") and the
provisions of the Frederick County Zoning Ordinance (the "Ordinance ") with respect to conditional
zoning, the undersigned applicants hereby proffer that in the event the Board of Supervisors of Frederick
County , Virginia, shall approve Rezoning Application 4014 -05 for the rezoning of 5.0- acres + /- from the
Rural Areas (RA) District to Light Industrial (M1) District and 15.035 acres from Ml to MI with
modified proffers. With modified proffers for lots 6, 7 and 8 (previous RZ# 009 -90 Dated November 21,
1990). Development of the subject property shall be done in conformity with the terms and conditions set
forth herein, except that such term 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 bonding effect whatsoever. Upon approval of such rezoning, these
proffers shall be binding upon applicants and their successors and assigns.
Prepared by: _JfT Urban Engineering & Associates
The subject property, identified as White Hall business Park, and more particularly described as the lands
owned by JCA IV White Hall, LLC. Previously, a portion of Tax Maps 33- ((A)) -89 and 90 obtained by
friendly boundary tine adjustment from Fruit Hill Orchard, LLC and further described by Instrument
9050015193. This is adjacent to 3 lots currently owned by JCA IV located in the White Hall Business
Park currently zoned M -1. These lots are more particularly identified as Tax Map # 39- ((9)) -6, 7 & 8.
Transportation
The applicant hereby proffers to work with VDoT to develop a lane striping plan to improve traffic
conditions at the existing entrance at Rest Church Road and Zachary Ann Lane. Also, the developer
agrees to the following improvements to Zachary Ann Lane:
1) Construct and pave Zachary Ann Lane from Rest Church Road (Rt.669) to Lot 6 of the White
Hall Business Park. This is to be accomplished according to plans prepared by Ebert and
Associates and approved by VDoT in 1997 to current VDoT standards.
2) Add curb and gutter to the edge of pavement shown on the plans prepared by Ebert &
Associates from the intersection of Rest Church road to a point to be determined by VDoT to
help discourage truck parking and not require the addition of storm drain structures.
3) Place No Parking signs along both sides of Zachary Ann Lane from the entrance on Rest
Church Road south to the end of the adjacent property currently owned by Flying J.
These improvements shall be implemented prior to issuance of occupancy of the proposed facility.
Water and Sanitary Sewer
The Applicant hereby proffers to extend public water and sewer services from a point on the eastern side
of interstate 81 near Duncan run to their area of development. These services have been designed by
Urban Engineering and approved by the Frederick County Sanitation Authority.
Landscaping and Tree Preservation
The Applicant agrees to continue the 50' buffer previously shown on Lot 8 of the Preliminary Master
Development plan prepared for the White Hall Business Park along the southern 50' of the property to be
rezoned. In addition the applicant agrees to leave an additional tree buffer along lot 8 abutting Interstate
81. This buffer would be a minimum of five feet to a maximum of twenty feet wide. The actual width
will be determined during final engineering of the site so as to obtain a 3:1 slope and without the use of
retaining walls to allow maximum utilization of storage area.
Monetary Contribution to Offset Impact of Development
The Applicant herby proffers that in the event rezoning application # 014 -05 is approved, the applicant or
his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia the following
amount:
$0.015/building square foot
This payment, potentially totaling $1,950 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.
August 18, 2005 Alban Tractor Proffer Statement 2 of 3
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 Boards of
Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to land
rezoned in addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted
By: e\ /`� "' ^� Date: g l 6S
James C. Alban IV
Managing Member
JCA IV White Hall, LLC.
State of Maryland
City /Co_ unty of To Wit:
The foregoing instrument was acknowledged before me this `g day of
20b5 by
IL
Notary Public
My Commission Expires "�— - `" 10
August 18, 2005 Alban Tractor Proffer Statement 3 of
N/F FRUIT HI M
LL ORCHD, INC.
33 ((A)) 89
15 ACRES 10 BE REZONED FROM RA TO MI /
N/r FRUIT HILL ORCHARD, INC.
33 ((A)) 90
12560 TO REST CHURCH ROAD
JCA IV WHITE HALL, LLC.
Rezoning Plat
/ -
� ZACHAR
August 10, 2005
GRAPHIC SCALE
1ANE
e
Urban Engineering & Associates, Inc.
1 IX RR)
W '(910 53
CIVRFN001EFR5. LANOH'MEAR(MIFLIS UND5UPVEYOm
1 I—rc • Imrt
Wv1'Nav, VA Rxrc 151191500111
N155i Al
0
3
tJ
1
IG
e
s ,
FRO DC ANN -
1 I
II c
UNE OEOIGTIO iION h
LANE
/
PROFESSIONAL MOBILE HOME
' I
1I
BROMERS. MC.
SJ ((9)) 5
O
t y
N/E DAVID N h
BRENDA S. GRAY
33 ((A)) 88
c�
EXI5LING 1
-
I
I LOT 6
oL
E %ISONG
E%ISLINC
LOT 8
LOT
N
.N
VARIABLE BUFFER AREA TO MAINTAIN EXISTING WOODLANDS
n
i
—
(5' MINIMUM i0 20' MAXIMUM) ,
---- .._.._..— — .._.._..�.._.. - - - --
.._..---- •-- - - -.._ ._..— — — —
—
519'36'20'*
IAJ6.08' S1976'20'W 505.69'
INTERSTATE 81 R/W
JCA IV WHITE HALL, LLC.
Rezoning Plat
Proffer Exhibit
August 10, 2005
GRAPHIC SCALE
mBrnp106r
e
Urban Engineering & Associates, Inc.
1 IX RR)
CIVRFN001EFR5. LANOH'MEAR(MIFLIS UND5UPVEYOm
1 I—rc • Imrt
Wv1'Nav, VA Rxrc 151191500111
EOSTING (QA AC
' I
T O BE VACATED
' (AT 'OBE
LATER CATE) '
EXISTING PROPERTY DNES ;
TO BE VACATED
(AT A LATER DATE) EXISTING
EXISTING EXISTING PROPERTY LINES I EXISTING ' LOT 05
LOT a TO BE VACATED LOT 7
(AT A LATER DATE) �I
GRAPHIC SCALE
IN �f I
I:C IW II
JCA IV WHITE HALL, LLC.
Items to vacated
Exhibit
August 10, 2005
wfrAVnar
Urban Engineering & Associates, Inc.
C1V0, fNGPIFfAS. L4NP9UiE ARl1VLY'f5 IM'O SUAVETg15
P"u6a` v.VA . Poae15W11fpOtll
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 Boards of
Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to land
rezoned in addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted
By: Date: g� \ oS
James C Alban IV
Managing Member
JCA N White Hall, LLC.
State of Maryland
City /Cow of L C� � - �i.g To Wit:
The foregoing instrument was acknowledged before me this � day of i
20 ; by _
Notary Public
My Commission Expires o- .i — G'A
August 18, 2005 Alban Tractor Proffer Statement 3 of 3
OUTPUT MODULE
APPLICANT: Albin Tractor
LAND USE TYPE Industrial
REAL EST VAL $8,133,927
FIRE & RESCUE = 1
Fire and Rescue Department`
Elementary Schools
Middle Schools
High Schools
Parks and Recreation
Public Library
Sheriffs Offices -
Administration Building
Other Miscellaneous Facilities
SUBTOTAL
LESS: NET FISCAL IMPACT
I NET CAP. FACILITIES IMPACT
Net Fiscal Impact
Costs of
Impact Credit:
Required
(entered in
Capital Faciltiies
col sum only)
$43,318
Tax Credits
$0
Net Capital
$0
Ooer Cap Epuio
$0
Taxes. Other
$0
Cost Balance
$0
Dwelling Unit
$0
s0
$0
$0
$43,318
$43,318
#DIV /0!
$778,163
Credits to be Taken for Future Taxes Paid (NPV)
Total Potential
Adjustment For
Cur. Budget
Cur. Budget Cap.
Future CIP/
Tax Credits
Revenue-
Net Capital
Net Cost Per
Ooer Cap Epuio
Expend /Debt S.
Taxes. Other
(Unadius(ed)
Cost Balance
Facilities Impact
Dwelling Unit
$0
$0
$43,318
#DIV /0!
$0
$0
$0
$0
$0
#DIV /O!
$0
$0
$0
$0
#DIV /0!
$0
$0
$0
$0
#DIV /0!
$1,870
$0
$0
$1,870
$1,870
$0
#DIV 101
$0
$0
$0
$0
#DIV /01
$4,483
$4,949
$9,432
$9,432
$0
#DIV /01
$6,352
$4,949
$0
$11,302
$11,302
$32,016
#DIV/0!
$778,163
$778,163
778163
#DIV
/01
$0
#DIV/0!
INDEX: 1.0" If Cap. Equip Included 1.0
INDEX: "1.0" if Rev -Cost Bel, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bar =
PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg
------------------ ---- - - - - -- ------------ - --- -- ----- -------------- - - - - -- ------------ -- - --- -- --------------- ----------- - - -- -- ----- ------------- - - - - -- - - - - -- --------- - - - - -- --------------------- - -----
METHODOLOGY: 1. Capital facilities requirements are input to the first column as calculated in the model.
2. Net Fiscal Impact NPV from operations calculations is input in row total cf second column
(zero if negative); included are the one -time taxes /fees for one year only at full value.
3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts.
4. NPV of future capital expenditure taxes paid In fourth col as calculated in fiscal impacts.
5. NPV of future taxes paid to bring current county up to standard for new facilities, as
calculated for each new facility.
6. Columns three through five are added as potential credits against the calculated capital
facilities requirements. These are adjusted for percent of costs covered by the revenues
from the project (actual, or as ratio to avg for all residential development).
NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed.
..--- ------- - - - -- - - ------------ - -- ------- I .--- ----------- ' -- ---- -- --------- - - - - -- --------------- - --- -- - - - - - --
NOTES: Model Run Date 08105/05
Project Description: Assumes 120,000 square feet on 20 acres zoned M1 District.
Due to changing conditions associated with development in the County, the results of this
Output Module may not be valid beyond a period of 90 days from the model run dale.
1.000
1.342