43A150_NorthStephensonIncAMENDMENT
Action:
PLANNING COMMISSION: April 6, 2005 - Recommended Approval
BOARD OF SUPERVISORS: April 26, 2005 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 403 -05 FOR NORTH STEPHENSON, INC.
WHEREAS, Rezoning #03 -05 for North Stephenson, Inc., was submitted by Greenway Engineering to
rezone 79.13 acres from RA (Rural Areas) District to M 1 (Light Industrial) District. These properties front
on the east side of Martinsburg Pike (Route 1 I North), just north of the Interstate 81 Exit 317 northbound
off -ramp, immediately northeast of Redbud Road (Route 661), in the Stonewall Magisterial District, and
are identified by Property Identification Numbers (PINS) 43 -A -150,43-A-1 51, 43 -A -151 A, 43 -A -152, 43C-
3 -2, 43C -3 -3, 43C -3 -4, 43C -3 -4A, 43C -3 -5 and 43C -3 -7A.
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 6.2005; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 26, 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 79.13 acres from RA (Rural Areas) District to MI (Light Industrial) 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. 9 17 -05
This ordinance shall be in effect on the date of adoption.
Passed this 26th day of April, 2005 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten
Gina A. Forrester
Lynda J. Tyler
Gene E. Fisher
Ave
Aye Gary Dove Aye
Ave Bill M. Ewing ATe
Aye
A COPY ATTEST
3A<�l
Joh4 Riley, Jr.
Frederick County Administrator
PDRes. 917 -05
Greemvay Engineering _ October 13, 2004 North Stephenson, Inc. Rezoning
Revised January 3, 2005
Revised May 13, 2005
PROPOSED PROFFER STATEMENT
REZONING: RZ# 03 -05
Rural Areas District (RA) to Light Industrial District (Ml) with
Proffers
PROPERTY: 79.13 acres + / -;
Tax Parcels #43 -((A)) -150, 43 -((A)) -151, 43- ((A)) -151A,
43 -((A)) -152, 43C- ((3)) -2, 43C- ((3)) -3, 43C-((3)) -4,
43C- ((3)) -4A, 43C- ((3)) -5, 43C- ((3)) -7A
RECORD OWNER: North Stephenson, Inc.
APPLICANT: North Stephenson, Inc. (here -in after "the applicants ")
PROJECT NAME: North Stephenson, Inc. - Light Industrial Rezoning
ORIGINAL DATE
OF PROFFERS: "October 13, 2004
REVISION DATE: May 13, 2005
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 # 03 -05
for the rezoning of the 79.13 -acres tract from the Rural Areas (RA) District, to Light
Industrial (M1) 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 the applicants and their legal successors, heirs, or assigns.
The subject property is more particularly described as the land owned by North
Stephenson, Inc. being all of Tax Map Parcels 43 -((A)) -150, 43 -((A)) -151, 43- ((A))-
151A, 43 -((A)) -152, 43C- ((3)) -2, 43C- ((3)) -3, 43C- ((3)) -4, 43C- ((3)) -4A, 43C- ((3)) -5,
and 43C- ((3)) -7A, as evidence by recorded property deeds in the Frederick County Clerk
of Court Office included with this rezoning proposal.
File #3485/EAW
/`Vo
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,-
Greenway Engineering October 13, 2004 1 ! North Stephenson, Inc. Rezoning
Revised January 3, 2005
Revised May 13, 2005
PROJECT PROFFER STATEMENT
1.) Transportation
a) The applicants hereby proffer to construct, or cause for the construction of
dual southbound left turn lanes on Martinsburg Pike (U.S. Route 11
North) at the major collector road intersection with Renzi Drive at the
Rutherford's Farm Industrial Park. The southbound dual left turn lanes
will be constructed at the same time that the Rutherford's Farm Industrial
Park improvements to Martinsburg Pike are constructed.
b) The applicants hereby proffer to construct, or cause for the construction of
a right turn lane within the Martinsburg Pike (U.S. Route 11 North) right -
of -way at a location and distance acceptable to VDOT between the
intersection of Redbud Road (Route 661) and the major collector road
intersection serving as the primary entrance to the 79.13 -acre project site.
A traffic study will be prepared and submitted to VDOT as a component
of the site development plan for each proposed land use on the 79.13 -acre
site to allow VDOT to determine when the proffered improvement is
warranted.
c) The applicants hereby proffer to provide for the dedication of right -of -way
and for the allowance of temporary construction easements needed for the
ultimate design of the major collector road from the CSX railroad to
Martinsburg Pike. The dedicated right -of -way shall provide for the
improvements identified from station 10 +00 to station 24 +00 on the
Stephenson Village Major Collector Road Plan and CSX Crossing
prepared by Greenway Engineering and dated October 2004, which is
included as an exhibit with this proffer statement. The applicants further
proffer to provide for the dedication of right -of -way acceptable to VDOT
for the purpose of providing a right turn lane from the major collector road
onto the internal street connection located at station 17 +00 on the subject
exhibit.
d) The applicants hereby proffer to enter into a signalization agreement with
VDOT for the provision of a traffic signal at the major collector road
intersection with Martinsburg Pike, which will align with Renzi Drive at
the Rutherford's Farm Industrial Park. The signalization agreement shall
provide for the pro -rata share of the traffic signal based on the projected
traffic volumes identified in the Traffic Impact Analysis (TIA) compared
to the projected traffic volumes identified in the TIA for the Rutherford's
Farm Industrial Park and the TIA for the Stephenson Village Residential
Planned Community.
File #3485/EAW 2
t I
• Greenway Engineering October 13, 2004
Revised January 3, 2005
Revised May 13, 2005
North Stephenson, Inc. Rezoning
e) The applicants hereby proffer to prepare and submit a traffic study to
VDOT as a component of the site development plan for each proposed
land use on the 79.13 -acre site to a determine the portion of the major
collector road that will be required to be constructed based on the impacts
associated with each future land use.
f) The applicants hereby proffer to dedicate right -of -way to VDOT along
Redbud Road for future improvements to the Interstate 81 Exit 317
interchange area. This right -of -way shall be dedicated to VDOT within
180 days of final engineering plan approval. The preparation of right -of-
way dedication plats and legal documents associated with this dedication
shall be prepared by parties other than the applicants.
g) The applicants hereby proffer to dedicate a 50 -foot right -of -way and
provide temporary construction easements to VDOT for the purpose of
realigning Redbud Road (Route 661) from the current intersection at
Martinsburg Pike (U.S. Route 11 North) to connect to the major collector
road on the subject site. The purpose of the 50 -foot right -of -way
dedication and temporary construction easements is to provide VDOT and
Frederick County with an appropriate alternative to relocate Redbud Road.
The dedicated 50 -foot right -of -way will connect to the intersection that is
identified at station 17 +00 on the Stephenson Village Major Collector
Road Plan and CSX Crossing prepared by Greenway Engineering and
dated October 2004, which is included as an exhibit with this proffer
statement. The location of the 50 -foot right -of -way to connect to this
intersection will be agreed upon by VDOT and the property owners to
allow for a minimum 25 mph geometric design criteria and will be made
available at such a time that VDOT deems necessary. The preparation of
right -of -way dedication plats and legal documents associated with this
dedication shall be prepared by parties other than the applicants. The
construction of the realigned portion of Redbud Road shall occur by
parties other than the applicants.
h) The applicants hereby proffer to prohibit commercial entrances along the
western property line on tax parcel 43 -((A)) -152 adjoining the Redbud
Road (Route 661) right -of -way. This proffer is intended to prohibit
commercial entrance locations on the current alignment of Redbud Road
and is not intended to prohibit commercial entrances internally to the
subject site should Redbud Road be realigned through the subject site
resulting from the widening of Interstate 81.
File 93485/EAW 3
�. 1
Greenway Engineering J October 13, 2004 r North Stephenson, Inc. Rezoning
Revised January 3, 2005
Revised May 13, 2005
2.) Structural Development
The applicants hereby proffer to limit the structural development on the 79.13 -acre to
a maximum of 800,000 square -feet of total floor area.
3.) Environmental Protection
The applicants hereby proffer to provide for the delineation of karst features located
on the 79.13 -acre site as a condition of master development plan approval. The
applicants further proffer to conduct geotechnical analysis for each site plan in which
structural development or other site improvements are located within 50 feet of
identified karst features. The geotechnical analysis reports and methods for treatment
of impacts shall be provided to the Frederick County Engineer for review and
approval as a condition of site development plan approval.
4.) Viewshed Mitigation
The applicants hereby proffer to prohibit the placement of freestanding and building
mounted illuminated and non - illuminated business signs facing the eastern property
line of tax map parcel 43 -((A)) -152 to mitigate viewshed impacts from the 3
Winchester Core Battlefield Area.
5.) Fire and Rescue Monetary Contribution
The applicants hereby proffer to provide a monetary contribution of $0.01 per square
foot of structural development on the 79.13 -acre site occurring subsequent to
rezoning approval. This monetary contribution shall be provided to Frederick County
at the time of building permit issuance for structural development, which may
generate a maximum monetary contribution of $8,000.00 based on the proffered
maximum square footage of structural development. The applicants monetary
contribution will be directed to the Clearbrook Volunteer Fire and Rescue Company,
which will provide first due response to the subject site.
6.) Martinsburg Pike Corridor Enhancement
The applicants hereby proffer to provide corridor enhancements along Martinsburg
Pike. The location and type of enhancements for this corridor will be identified on
the Master Development Plan for the 79.13 -acre project site.
File tl3485/EAW 4
Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning
Revised January 3, 2005
Revised May 13, 2005
7.) 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 the Frederick County Code.
Respectfully Submitted:
North Stephenson, Inc.
By:
_ Q. C�I1o
Keven Omps Date
r
Jo mps Date
Commonwealth of Virginia,
City /County of ��D��CK To Wit:
5�
The foregoing instrument was acknowledged before this day of
20o' by
' Not`ar}' Public
My Commission Expires= z\ a Uo1
`,.ae—
File N3485/EAW
JOR COLLECTOR ROAD
2EET TREE NARRATIVE
2EET TREES PLANTED ON 30' CENTERS WILL BE PROVIDED TO ENHANCE
APPEARANCE OF THE MAJOR COLLECTOR ROAD. UNDERSTORY TREES
AT ARE A MINIMUM OF 2 CALIPER WILL BE UTILIZED. THE UNDERSTORY
-E5 PROPOSED ON THE NORTH SIDE OF THE MAJOR COLLECTOR ROAD
L REQUIRE APPROVAL FROM ALLEGHENY POWER DUE TO THE EXISTING
ERHEAD POWER LINE EASEMENT.
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