54A89_SeefriedPropertyAMENDMENT
Action:
PLANNING COMMISSION: December 6, 2006 - Recommended Approval
BOARD OF SUPERVISORS: December 13, 2006 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING # 19 -06 OF SEEFRIED PROPERTY
WHEREAS, Rezoning 419 -06 of Seefried Property, submitted by Patton Harris Rust & Associates, to
rezone 27.24 acres from MHI (Mobile Home Community) District to MI (Light Industrial) District and
48.14 acres from RA (Rural Areas) District to MI, totaling 75.38 acres, with proffers, for industrial use.
The properties are located west of Interstate 81 adjacent to Fort Collier Industrial Park and Arcadia Mobile
Home Park, approximately 1,000 feet east of the intersection of Fort Collier Road (Route 1322) and Brooke
Road (Route 1328), in the Stonewall Magisterial District, and are identified by Property Identification
Numbers 54 -A -89 and 54 -A -91.
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 6, 2006;
pffil
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 13, 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 27.24 acres from MH1 (Mobile Home Community) District to Ml (Light Industrial) District
48.14 acres from RA (Rural Areas) District to M1, totaling 75.38 acres, with proffers, subject to the
attached conditions voluntarily proffered in writing by the applicant and the property owner.
PDRes. #40 -06
This ordinance shall be in effect on the date of adoption.
Passed this 13th day of December, 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. DeFlaven, Jr.
Aye
Philip A. Lemieux
Aye
A COPY ATTEST
Jo iley, Jr.
Frederick County Administrator
PDRes. #40 -06
PROPOSED PROFFER STATEMENT
REZONING: RZ. # _[_L
Rural Areas (RA) and MH -1 (Mobile Home Community) to
Light Industrial (Ml)
PROPERTY: 75.38 acres
Tax Map Parcels 54 -A -89 (portion), 54 -A -91 (portion) [the "Property "]
RECORD OWNER: William J. Lockhart et als (54 -A -89) &
Arcadia Mobile Park, Inc. (54 -A -91)
APPLICANT: Seefried Properties, Inc.
PROJECT NAME: Seefried Property
ORIGINAL DATE
OF PROFFERS: October 3, 2006
REVISION DATE(S): 11/8/06; 11/9/06; 11/30/06; 12/5/06; 12/6/06; 12/12/06; 12/13/06
Arcadia Mobile Park, Inc. is the fee simple owner of Parcel 54 -A -91 by virtue of that certain Deed
from William J. Lockhart and Dellitt J. Lockhart, as grantors, and Arcadia Mobile Park, Inc., as grantee, dated
February 6, 1979, and recorded in Deed Book 350, Page 481 of the Frederick County, VA records.
William J. Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S.
Lockhart and Linda L. Wilson are the fee simple owners of Parcel 54 -A -89. William J. Lockhart, Sr. obtained
title to the property by virtue of that certain Deed from E. B. Clevenger, et al, dated January 23, 1948, and
recorded January 27, 1948 in Deed Book 204, Page 3, Frederick County, records. William J. Lockhart, Sr.
died and by his Last Will and Testament recorded in Will Book 75, Page 720, devised, without qualification,
Parcel II to his surviving widow, Dellitt Elizabeth Lockhart. Dellitt Elizabeth Lockhart died, intestate, and by
Affidavit recorded in Deed Book 934, Page 658 and documents filed as part of her Estate No. 98 -123 in Will
Book 113, Page 94, her only heirs at law were established as William J. Lockhart, Jr., Joan E. Brock, Donald
Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson. Donald Eugene Lockhart
died after Delitt Elizabeth Lockhart, and by will devised his interest in the property to his wife, Tamara
Lockhart.
The undersigned hereby proffers that the use and development of the subject property ( "Property "),
as described above, shall be in strict conformance with the following conditions. In the event that the above
referenced M1 conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these
proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon
final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day
following the last day upon which the Frederick County Board of County Supervisors (the `Board ") decision
granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the
Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall
include the day following entry of a final court order affirming the decision of the Board which has not been
appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of
the proffers set forth below have been prepared for convenience or reference only and shall not control or
affect the meaning or be taken as an interpretation of any provision of the proffers. J lie term "Applicant" as
referenced herein shall include within its meaning all future owners and successors in interest.
1 of 5
Proffer Statement Seefried Property
1. Cash Proffers
1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and
rescue purposes upon issuance of the first building permit.
1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's
office purposes upon issuance of the first building permit.
1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general
government purposes upon issuance of the first building permit.
1.4 The Applicant shall pay to the County the total sum of Four Hundred Thousand Dollars
($400,000.00), to be used by the County, in its discretion, for transportation improvements
in the Route 11 North — Fort Collier — Route 7 East area. Within five (5) business days of
transfer of ownership by the Record Owner or Record Owners of all or any part of the
Property, or upon approval of the first site plan on the Property, whichever first occurs, the
Applicant shall provide to the County a letter of credit or other instrument, in a form
satisfactory to the County, upon which the county may draw the funds, in full or in
increments. Any unpaid portion of the $400,000.00 shall be paid to the County on a date (2)
years from the date the aforesaid letter of credit or other instrument is provided to the
County.
2. Site Development
2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area.
Furthermore, office use on the site shall only be permitted as an accessory to industrial uses.
2.2 Stormwater management pond facilities shall be lined with an impervious surface to avoid
groundwater impacts.
2.3 The Applicant shall construct the future access road to Virginia Department of
Transportation standards with a minimum pavement width of 26 feet.
2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access
road. Said street trees shall be planted prior to occupancy of any building on site.
2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any
structures prior to site plan approval.
3. Transportation
11 A direct connection between the Property and Fort Collier Road shall be prohibited.
Furthermore, the Applicant shall vacate by recorded document the existing access easement
located on the property identified as Tax Map Parcel 54 -A -92B within 120 days of rezoning
approval.
3.2 The project entrance will be located on Brooke Road.
3.3 The Applicant shall construct a northbound right turn lane on Brooke Road at the project
entrance prior to the issuance of the first occupancy permit for any building on the Property.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
2 of 5
Proffer Statement
Seefried Property
Respectfully submitted,
William J. Lockhart, Jr
Jan E. Brock _
Tamara Lockhart
Walter M. Lockhart
Robert S. Lockhart
Linda L. Wilson
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit
ri-
The foregoing instrument was acknowledged before me this i day of J e , n m h pf ,
2006, by William J. Lockhart, Jr.
My comm7 pire�� 31� Z o o �j
Notary Public n D
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this /3 _ fk day of ,AeO n m A
2006, by Joan E. Brock, Tamara Lockhart, Walter M. Lockhart, Robert S. Lockhart, and Kurds L.
Wilson, by William J. Lockhart, Jr., their attorney in fact.
My commission ex it Rum 3 t ZOD
Notary Public j
v'
3 of 5
Proffer Statement
Arcadia Mobile Park, Inc.
Date:
Seefried Property
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this �� y day of =7�euo
2006, by William J. Lockhart, Jr.
My commission expires i dl ' g6, a 3 Z DD L
Notary Public y
4of5
Proffer Statement Seefi'ied Propertp
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'I be fo'eggo n instrument was acknowledged Ucfare me this _L /dav of PellaLt ,
2006, by b (( S - 1 -C)
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\4y commission
Notary Public
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POWER OF ATTORNEY
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Patton, Harris, Rust & Associates
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ZONING 80UNDARY
117 E Picodilly St. Winchester, Virginia 22601
VOICE (540) 667 -2139 FAX: (540) 655 -0493
FREDERICK COUNTY, VIRGM/A