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44A75_AdamsDevelopmentGroupProfferRevisionAMENDMENT Action: PLANNING COMMISSION: March 16, 2005 - Recommended Approval BOARD OF SUPERVISORS: April 13, 2005 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-05 OF ADAMS DEVELOPMENT GROUP WHEREAS, Rezoning #02-05 of Adams Development Group, was submitted by Greenway Engineering to revise proffers attached to Rezoning #11-04. This revision adds wholesale with accessory retail, building materials and lumber stores to the allowed uses. This property fronts on the west side of Martinsburg Pike (Route 11 North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified by Property Identification Number (PIN}� 5-.— PINs 44—A -75B, 44—A -75C, 44—A -75D, 44—A -75E, and 44 —A -75F. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 16,2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 13, 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 the proffer revision adding wholesale with accessory retail, building materials and lumber stores to the allowed uses attached to Rezoning 411-04, as described by the Proffer Statement submitted by the applicant and the property owner, is approved. PDRes # 10-05 This ordinance shall be in effect on the date of adoption. Passed this 13th day of April, 2005 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 Gene Fisher Aye A COPY ATTEST John R. ey, Jr. FredericR County Administ ator PDRes # 10-05 Greenway Engineering February 18, 2005 'Adams Development Group, Inc. Rezoning PROPOSED PROFFER STATEMENT REZONING: RZ# 02-05 Industrial Transition District (133) with Proffers to Industrial Transition District (133) with Revised Proffers PROPERTY: 59.71 acres +/-; Tax Parcel #44-((A))-75 RECORD OWNER: Adams Development Group, Inc., Robert C. Adams, President APPLICANT: Adams Development Group (here -in after "the Applicant") PROJECT NAME: Adams Commercial Center ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters June 21, 2004 February 18, 2005 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 # 0-1- - PS" for the rezoning of 59.71 -acres from the Industrial Transition (133) District with Proffers to the Industrial Transition (133) District with Revised Proffers, 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, Inc. 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). File #3949/EAW Greenway Engineering February 18, 2005 Adams Development Group, Inc. Rezoning 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 are proffered for the land uses identified below. The building square footages are established to ensure that the vehicle per day (VPD) generation for the permitted land uses will not exceed 4,603 VPD based on ITE Trip Generation 7U' Edition volumes. 1. Office 2. Building Materials & Lumber Store 3. Wholesale 4. Warehouse 5. Self-service storage facility TOTAL BUILDING AREA C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) 120,000 square feet 25,000 square feet 150,000 square feet 120,000 square feet 140,000 square feet 555,000 square feet 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. File #3949/EAW 2 Greenway Engineering February 18, 2005 Adams Development Group, Inc. Rezoning 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 the MH -1 property to the southwest. The Applicant will preserve a minimum depth of fifty (50) feet of the existing vegetation adjacent to 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 insufficient 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. E.) North 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. File 43949/EAW Greenway Engineering February 18, 2005 Adams Development Group, Inc. Rezoning 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. The Applicant will ensure that the south buffer fence is located on the northern side of the stormwater management area channel and will utilize plantings recommended for riparian zones by the Virginia Department of Forestry to further protect and enhance this area. 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 #OZ -0 s is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .015/ building square foot This payment, potentially totaling $8,325 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. File #3949/EAW 4 Greenway Engineering February 18, 2005 Adams Development Group, Inc. Rezoning J.) 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: ADAMS DEVELOPEMNT GROUP, INC. By: Robert C. Adams, President Date Commonwealth of Virginia, City/County of Fre-denla Ono r1 ETo Wit: -h The foregoing instrument was acknowledged before me this ) g-iday of Ve- r 20 05by �6rDD-r� C— My Commission Expires File #3949/EAW S Notary Public INICINTY MAP SCALE 1- - ¢000' ® NORTH BUFFER AREA ® SOUTH BUFFER AREA vPD / / AREA 4 AADT TABULATION Z BUILDING AREA SQUARE FOOTAGE OFFICE 120,000 1,372 SELF-SERVICE STORAGE 140000 350 BUILDING MATERIALS/ LUMBER STORE 25,000 1,290 WHOLESALE 150,000 1010 WAREHOUSE 120,000 5% TOTALS 555,000 4,568 I FAR, - 0.21 /r� �n ZONED 1 1, A FFIC I, AREH USE, W OLE LE WITH A CES ORY RETAIL UILD G MATERIAL & MBER STORES AIL, LUMBER ° °" e° w. w rI 1 ELF-STO GE 1 SWM CHANNEL & WETLANDS PRESERVATION AF I r 1 n cwuee � r wrn � e e'°ne"emeNluL I Nu: xex�Lw°"rx I. OFFICE i DOT ' DEDICATION � I FOR \ FUTURE RT. 11 \ WIDENING E.) AC till Z i I L _ W t7 U ZE 8> ;