75A91B_CommonwealthBusinessCenterLot2Ventures1AMENDMENT
Action:
PLANNING COMMISSION: April 19, 2006 - Recommended Approval
BOARD OF SUPERVISORS: May 10, 2006 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 405 -06 OF COMMONWEALTH BUSINESS CENTER, LOT 2
VENTURESI
WHEREAS, Rezoning #05 -06 of Commonwealth Business Center, Lot 2, Ventures I, submitted by
GreyWolfe, Inc., to rezone 12 acres from B3 (Industrial Transition Business) District to B2 (General
Business) District with proffers was considered. The property is located at Commonwealth Court (Route
1167), north of the Route 11 and Route 37 Interchange, in the Back Creek Magisterial District, and is
identified by Property Identification Number (PIN) 75 -A -91 B.
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 19, 2006; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 10, 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 12 acres from B3 (Industrial Transition Business) Districtto B2 (General Business) Districtwith
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 413-06
This ordinance shall be in effect on the date of adoption.
Passed this 10th day of May, 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
r
John P,. Riley, Jr.
Frederick County Administrator
PDRes. #13.06
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Rezoning #:
Property:
Recorded Owner:
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lod It W-1 T
05 -06
12 acres
PARCEL ID — 75 -4 -91 B
Ventures I of Winchester, LLC
Applicant: Venture I of Winchester, LLC
124 W. Piccadilly St.
Winchester, Virginia 22601
Project Name: Commonwealth Business Park, Lot 2
Original Date
of Proffers: September 9, 2005
Revision Date (s): December 9, 2005
January 12, 2006
February 13, 2006
March 24, 2006
April 7, 2006
Prepared by: PAINTER- LEWIS, P.L.C.
116 South Stewart Street
Winchester, VA 22601
Tel.: (540) 662 -5792
email: office @painterlewis.com
PROFFER STATEME f
PARCEL ID 75 -A -91 B
Job Number: 0502016
Ventures I of Winchester, LLC (the applicant) is the owner of a parcel of land which
contains approximately 12 acres of land currently zoned B3. The parcel is located on
Route 1167, Commonwealth Court, off of Route 11. The applicant proposes to rezone
and subdivide the parcel of land, TM# 75 -A -91 B, also referred to as Lot 2 of
Commonwealth Business Park. This parcel is a 12 acre tract that is currently zoned B3.
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application # 05 -06 for the rezoning of
parcel TM# 75 -A -91 B from B3 to B2, the use and development of the subject property
shall be in strict conformance with the following conditions set forth in this proffer except
to the extent that such conditions may be subsequently amended or revised by the
applicant and such are approved by the Board of Supervisors in accordance with the
Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be
binding on the owner and their legal successors or assigns.
PROFFERS
1.) Generalized Development Plan
The applicant agrees to proffer a Generalized Development Plan (Exhibit 1), dated April
7, 2006, for the purpose of identifying the following proffered conditions.
2.) Extension of Route 1167, Commonwealth Court
The applicant will construct the extension of Route 1167, Commonwealth Court, from
the existing cul de sac through the subject parcel and terminating at the property
boundary between the subject parcel and TM# 75- A -10A. This road extension will be
completed before occupancy of any structure on the property. The road will be designed
to VDOT standards for acceptance into the VDOT Secondary Roads System.
Adjustments in the alignment of the road through parcel 75 -A -91 B may be made to
accommodate an alternative subdivision layout provided the extension of the road is in
place prior to the occupancy of any structure on the property.
3.) Dedication of Land for a Future Interchange
The applicant will reserve a portion of the TM 75 -A -91 B for the purpose of facilitating the
construction of a new traffic ramp from Interstate 81 southbound to Route 37. No
development of TM 75 -A -91B will occur in the areas shown on Exhibit 1. The area of
restricted development contains approximately 48,375 square feet (1.11 acres). Upon
receiving 180 days notice from the Virginia Department of Transportation, the applicant
will dedicate the reserved land to the Commonwealth of Virginia for the proposed
interchange improvements.
4.) Signalization Agreement
The applicant agrees to construct a traffic signal, meeting VDOT standards, at the
intersection of Route 11 and Route 1167. The application understands that Signalization
Agreements typically allow the development of the land to proceed without the
page 2
PROFFER STATEMr -AT
PARCEL ID 75 -A -91B
installation of signalization and VDOT will secure actual traffic counts or ;other traffics,
study to provide the warrants to initiate the design and construction of the traffic signal.
The applicant also understands that he may be required to commit a certain
percentage, or all, of the overall costs of the traffic signal based on past or future
agreements between VDOT and adjacent property. The traffic signal will be operational
prior to the occupancy of any structure on the property.
5.) Storm Water Management
The applicant agrees to construction a storm water detention facility in accordance with
the design standards of the Frederick County Zoning Ordinance. The facility will, to the
extent practicable, provide storm water detention for the entire development area. The
detention facility will be owned and maintained by an association of local land owners.
The association will be established by the applicant.
6). Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the Stephens City Volunteer Fire
Company the sum of $1,000.00 for impacts to fire control services. This sum will be paid
upon receipt of the first building permit issued subsequent to the approval of this
rezoning for any proposed structure.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the even that the Frederick
County Board of Supervisors grant this rezoning and accepts these proffers, then these
proffers shall apply to the land rezoned in addition to the other requirements of the
Frederick County Code.
Submitted By:
QfVenture I of Winchester, LLC
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
T e foregoing instrument was ackn ledged before M'e. this O day of
ROO by
NoWy Public
F,/L ,L /"A (- , V l
page 3
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