33A122A_ClearbrookBusinessCenterAMENDMENT
Action:
PLANNING COMMISSION: March 1, 2006 - Recommended Approval
BOARD OF SUPERVISORS: March 22, 2006 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 401 -06 OF CLEARBROOK BUSINESS CENTER
WHEREAS, Rezoning 401 -06 of Clearbrook Business Center, submitted by GreyWolfe, Inc., to
rezone 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers was
considered. The property is located on the west side of Route 11, approximately 2,000' north of Hopewell
Road (Route 672), in the Stonewall Magisterial District, and is identified by Property Identification
Numbers (PINS) 33- A -122A and 33 -A -123.
WHEREAS, the Planning Commission held a public hearing on this rezoning on March 1, 2006; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 22, 2006; 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 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers,
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 #08 -06
This ordinance shall be in effect on the date of adoption.
Passed this 22nd day of March, 2006 by the following recorded vote:
Richard C. Shickle, Chairman
Aye
Barbara E. Van Osten
Aye
Gary Dove
Aye
Bill M. Ewing
Aye
Gene E. Fisher
Aye
Charles S. DeHaven, Jr.
Aye
Philip A. Lemieux
Aye
A COPY ATTEST
0�� -
Jo i ey, Jr.
Frederick County Administrator
PDRes 408 -06
MAR 3 2006
Rezoning: RZ # 01 -06
Property: Area: 16.886 acres
Tax Parcels 33- (A) -122A & 33 -(A) -123
Record Owner: R & J Land Development, L.L.C.
Applicant: Jeffery G. Jenkins & Rosanna M. Jenkins
Project Name: Clearbrook Business Center
Original Date of Proffers:
January 25, 2006
Revised Date Proffers:
Magisterial District:
March 2, 2006
Stonewall
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 offer the following proffers that in
the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning
Application 401 -06 for rezoning of 16.886 -acres from the RA District to Industrial
Transition (B -3) 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 are
approved by the 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 properties are more particularly described as the lands conveyed to R
& J Land Development, LLC, from Linda J. Vorous as recorded in the Frederick County
Circuit Court Clerk's Office as instrument 050002818 dated February 9, 2005, and from
Junior L. Domer as recorded in the Frederick County Circuit Court Clerk's Office as
instrument 030022368 dated September 29, 2003.
Proffers
A. On -Site and Off -site Improvements
1. Transportation
a. Access
Access to this property from Martinsburg Pike (US Route 11)
shall be limited to one commercial entrance. This entrance will
provide ingress and egress to all uses on this site. The final
location will be subject to VDOT review and approval once a
site plan is submitted.
Additional Lane
i. The applicant hereby proffers to construct a 12' lane onto
Route 11 along the site road frontage. This 550' long lane will
be built to VDOT requirements. This will be built prior to
applying for and obtaining any building permits.
Interparcel connections
i. The applicant hereby proffers one interparcel connection along
the northern boundary and one interparcel connection along the
southern boundary. These roads and connections will be
constructed to VDOT requirements and shown on the Master
Development Plan.
d. Signalization
i. The applicant, R & J Land Development, LLC, hereby proffers
to contribute a prorated share of cost of a signalization
improvement at the offset intersection of Route 11 with
Hopewell Road (Route 672) and Brucetown Road (Route 672)
in recognition of off -site transportation impacts. The final
design and location of the signalization improvements will be
determined by the Virginia Department of Transportation
(VDOT). This agency will also determine when this
improvement will be warranted. The applicant shall enter into a
" signalization agreement" with VDOT that provides a one -time
contribution towards the cost of the signalization in a prorated
amount to be determined by VDOT. The applicant also proffers
an additional $2,500 with the prorated amount to be applied
towards right of way acquisition for future turn lanes at the
intersection. VDOT will also determine when this
improvement will be warranted
e. Right of Way Dedication
i. The applicant hereby proffers to the Commonwealth of
Virginia a strip of land ten feet (10') in width along the entire
frontage of the property on Martinsburg Pike (Route 11) Right
of Way. The dedication will take place prior to site plan
approval.
2. Monetary Contributions — Fire & Rescue
a. In recognition of the increased demand on public services, the
applicant hereby offers the following cash contributions to be paid at
the time of building permits. The term "building square foot" shall be
the combined floor area for each story.
i. The applicant hereby voluntarily proffers a cash contribution
directly to the Clear Brook Fire & Rescue Department the
following amount:
$0.05 per building square foot
ii. The applicant hereby voluntarily proffers a cash contribution to
the Treasurer of Frederick County, Virginia, the following
amount:
$0.05 per building square foot
3. The applicant hereby voluntarily prohibits the following uses
a. SIC 5541 — "Gasoline Service Stations"
i. Automobile service stations - retail
ii. Filling Stations, gasoline - retail
iii. Gasoline and Oil- Retail
iv. Marine service stations - retail
v. Service Station, gasoline - retail
vi. Truck stops - retail
b. SIC 4231
— "Terminal and Joint Terminal Maintenance Facilities for
Motor Freight Transportation"
c. SIC 4741
— "Rental of Railroad Cars"
d. SIC 5231
— "Paint, Glass, and Wallpaper Stores"
e. SIC 5271
— "Mobile Home Dealers"
f SIC 79 —
"Amusement and recreational services operated indoors"
4. The applicant hereby proffers to limit the total building square footage for SIC
42 — "Motor Freight Transportation and Warehousing" and SIC 47 —
"Transportation Services" to a combined total of 20,000 square feet or less.
5. The applicant hereby proffers to limit the total building square footage for SIC
52 — "Building Materials, Hardware, Garden Supply, Mobile Home Dealers,
and Retail Nurseries" to a combined total 20,000 square feet or less.
6. The applicant hereby voluntarily prohibits the combined building floor area
not to exceed 128,000 square feet on this site. The applicant further prohibits
that a "restaurant use" as defined by SIC 581 shall not exceed 8,000 square
feet of the 128,000 square feet of the building combined floor area.
7. The applicant hereby proffers a "Full Screen" buffer, as defined by the
Frederick County Zoning Ordinance, plus an additional row of evergreens
trees for a total of four rows to be placed along any neighboring parcels zoned
RA with a residential use at the time of site plan approval.
8. The applicant hereby proffers the following corridor enhancements along the
road frontage of Route 11, Martinsburg Pike:
a. The applicant will construct a split rail fence along the road frontage.
b. The applicant will not allow any parking lots to be constructed
between the buildings and Route 11. This applies only to the buildings
nearest to Route 11 and not inside the park.
c. The applicant will erect a single monument style sign with the park's
name and list of tenants. The applicant will not install any signs
between the buildings and Route 11 other than this one monument
sign.
The conditions proffered above shall be binding upon 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 and Ordinance.
Respectfully Submitted:
R & J Land Develonment, LLC
By: 3 D,�
Jef. -r `l, 'ns ate
� f
oLnirdk Je s Date
Commonwealth of Virginia,
C-4y /County of Ch-- To Wit:
The foregoing instrument was acknowledged before me this 3 of , 2006
B i
Notary Public
My Commission Expires '31 00
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