75A1_ArtilleryBusinessCenterAMENDMENT
Action:
PLANNING COMMISSION: January 16, 2008 - Recommended Denial
BOARD OF SUPERVISORS: February 13, 2008 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 408 -07 OF ARTILLERY BUSINESS CENTER
WHEREAS, Rezoning 408 -07 of Artillery Business Center, submitted by Patton Harris Rust &
Associates to rezone 58.7 acres from RA (Rural Areas) District to M1 (Light Industrial) District, with
proffers, for Light Industrial Uses, was considered. The property is located east and adjacent to Shady Elm
Road, approximately 1,500 feet south of Route 37, in the Back Creek Magisterial District, and is identified
by Property Identification Number 75 -A -1.
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 16, 2008;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 13, 2008;
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 58.7 acres from RA (Rural Areas) District to Ml (Light Industrial) District, for Light Industrial
Uses, subject to the attached conditions voluntarily proffered in writing by the applicant and the
property owner.
PDRes #03 -08
This ordinance shall be in effect on the date of adoption.
Passed this 13th day of February, 2008 by the following recorded vote:
Aye
Richard C. Shickle, Chairman Aye Gary A. Lofton A y
Gary W. Dove.: ..... . Aye Bill M. Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Nay
Philip A. Lemieux
PDRes #OrM8
Aye
A COPY ATTEST
y
John R. ,M-'ley, fr.
Frederick County Administrator
PROPOSED PROFFER STATEMENT
REZONING: RZ.# 'n g'c'17
Rural Areas (RA) to Light Industrial (M1)
PROPERTY: 58.7 acres + / -;
Tax Map Parcels 75 -A -1 [the "Property "]
RECORD OWNER: Venture I of Winchester, LLC
APPLICANT: Venture I of Winchester, LLC
PROJECT NAME: Arrlleq Business Center
ORIGINAL DATE
OF PROFFERS: December 26, 2006
REVISION DATE(S): 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07;
8/1/07; 8/17/07; 9/14/07; 9/19/07; 9/21/07; 10/9/07; 11/5/07;
11/6/07-111/15/07;12/21/07;1/15/08-12/7/08
'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, which
shall supersede all other proffers that may have been made prior hereto. 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 rezotung 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. The term "Applicant" as
referenced herein shall include within its meaning all future owners and successors in interest. When
used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled
"Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised February
7, 2008 (the "GDP "), and shall include the following:
1. Monetary Contribution
1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 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 $2,500.00 for
Sheriffs office purposes upon issuance of the first building permit.
1.3 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for
general government purposes upon issuance of the first building permit.
1 of 5
Proffer Statement
Artillery Business Center
1.4 The Applicant shall contribute to the County of Frederick the sum of $250,000.00
for the design and /or construction of the future East -West Collector Road or for
any other transportation improvements as deemed necessary by Frederick County
and VDOT. Said monetary contribution shall be made within 60 days of issuance of
the first Certificate of Occupancy for any structure located on the Property.
2. Site Development
2.1 The Applicant shall dedicate 40 feet of right of way for Shady Elm road along the
Property frontage as depicted on the GDP prior to issuance of the fitst building
permit. Additionally, the Applicant shall widen the existing northbound lane to a
total width of 24 feet of pavement as measuted from the center line of Shady Elm
Road along the Property frontage with Shady Elm Road to provide for a continuous
right turn lane along the Property frontage with Shady Elm Road. Direct access to
the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as
shown on the GDP. The Applicant shall provide a double stripe lane marking for
the centerline of Shady Elm Road along the Property frontage with Shady Elm Road
(See 1 on GDP)
2.2 The Applicant shall design a future East -West Collector Road utilizing an 80 foot
right of way as depicted on the GDP from Point A to Point C, assuming an at grade
railroad crossing, as a Rural 4 Lane Divided (R4D) cross section prior to issuance of
the first Certificate of Occupancy for any structure located on the Property. The
Applicant shall then dedicate 80 feet of right of way and construct the ultimate two
westbound lanes of the Collector Road for a minimum of 1100 feet as shown from
Point A to Point B on the GDP upon any of the following conditions, whichever
occurs first: (See 2 on GDP)
v Prior to issuance of the fourth building permit for the Property-
* Prior to the issuance of a building permit for any structure located in Land
Bay 2.
e Prior to issuance of a certificate of occupancy for any structure located in
Land Bay 1 but with associated land area located in Land Bay 2 as depicted
by site plan.
• Upon commencement of a railroad crossing as shown on the GDP for the
East -West Collector Road.
e Prior to December 31, 2013.
2.2.1 The Applicant shall make available an 80' wide tract of land across Tax Map
Parcel 74 -A -68 as depicted on the GDP from Point B to Point C in
conformance with the road design provided by Proffer 2.2 for the future
extension of the East -West Collector Road. The Applicant shall provide said
property at no cost to the County, after December 31, 2008 and within 90
days of receiving written request from the County.
2.2.2 The Applicant shall construct a maximum of two entrances on the portion of
the East -West Collector Road constructed by the Applicant as shown on the
GDP.
2of5
Proffer Slalenwnt
Artillery Business Center
2.2.3 Land Bay 2 as shown on the GDP shall have access via the easternmost
entrance located on the portion of the East -West Collector Road constructed
by the Applicant as shown on the GDP.
2.3 The Applicant shall construct an internal access toad, if necessary to meet the
requirements for lot access as identified by 8144 -24C of the Frederick County Code, to
serve the Property to Virginia Department of Transportation standards with a
minimum pavement width of 26 feet.
2.4 A geotechnical analysis shall be prepared and submitted to Frederick County for any
structures prior to site plan approval.
2.5 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR).
2.6 The Property shall contain a minimum of three users upon final build -out.
2.7 No warehouse - distribution facility greater than 200,000 square feet shall be
constructed on the Property within 5 years of the Date of Final Rezoning.
2.8 Should the County or others obtain the rights to an at grade railroad crossing for the
proposed East -West Collector Road as identified on the GDP, the Applicant shall
fully fund the design of said at grade crossing.
3. Landscape Buffers Hiker /Biker Facilities & Additional Right of Way
3.1 Within the 25 foot parking setback between the proposed right of ways for Shady
Elm Road and the East -West collector as required by g 165- 27E(5) of the Frederick
Couny Code, the Applicant shall construct a 10 foot asphalt trail to Department of
Recreation Standards. In addition, the Applicant shall provide a densely planted
landscape screen as depicted by Exhibit A as revised 1/15/08 consisting of street
trees planted 50 feet on center between the proposed right of way and the asphalt
trail as well as a double row of evergreen trees with a minimum density of three
plants per 10 linear feet and a minimum height of four feet at time of planting
located between the proposed trail and any parking areas.
4. Design Standards
4.1 Any building fa4ade fronting Shady Elm Road or the proposed East -West Collector
s 3k`be constructed of one or a combination of the following : cast stone, stone,
brick _ architectural block, glass, wood, dry vit or stucco.
4.2 Freestanding business signs shall be limited to one monument style sign per lot that
shall not exceed 20 feet in height. In addition, the Applicant may construct one
main entrance /tenant directory sign along either Shady Elm Road or the proposed
East -West Collector as a monument style sign that shall not exceed 30 feet in height.
If revisions to the Frederck Couny Zoning Ordinance are made which would limit the
size and /or number of signs to a greater extent than the aforementioned standards,
then the Applicant shall conform with the sign ordinance standards in existence at
the time of issuance of a permit for any sign located on the Property.
3 of 5
Proffer Statement
5. Historic Resources
Artillery Business Center
5.1 The Applicant shall complete a survey documenting any historic structures on the
Property in general accordance with the guidelines established by the Preliminary
Information Form from the Department of Historic Resources. Any documentation
created as part of said survey shall be provided to Frederick County Planning Staff
and shall be completed prior to demolition of any buildings located on the Property.
5.2 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for
purposes associated with historic Star Fort prior to issuance of the first building
permit.
6. Escalator Clause
6.1 In the event the monetary contributions set forth in the Proffer Statement are paid
to the Frederick County Board County Supervisors ( "Board ") widen 30 months of
the approval of this rezoning, as applied for by the Applicant, said contributions shall
be in the amounts as stated herein. Any monetary contributions set forth in the
Proffer Statement which are paid to the Board after 30 months following the
approval of this rezoning shall be adjusted in accordance with the Urban Consumer
Price Index (`CPI -U ") published by the United States Department of Labor, such
that at the time contributions are paid, they shall be adjusted by the percentage
change in the CPI -U from that date 24 months after the approval of this rezoning to
the most recently available CPI -U to the date the contributions are paid, subject to a
cap of 6% per year, non - compounded.
SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S)
4 of 5
Profiler Statement
Venture I of Winchester, LLC
By: vw
Date:�R� %t ZOO
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
Artille7y Business Center
"I'he foregoing instrument was acknowledged before me this i day of 1'2 �F
200%'by Pa-;qt- MA.u'-el
My commisslo xp es
,� � Ntrn'd
Notary Public NCTAP, ! :,
�'- - Common oVirginia
Rey. #:1 5897
My Commission Expires Aug. at, 2011
5 of 5
10' ASPRALLT-Ml
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(4pf&:,28.7 acres)
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11 DO" .2 LANE ROADWAY
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EL.M/RO`JTf`l 1,,C'0NNFVPP ROAD
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ROSSM
ARTILLERY BUSINESS CENTER
potion,
Harris, Rust & Associates, pc
Us
GENERALIZED 0EVEOPMENT PLAN
117 C.
Piccchly St, Winchester, Virginia 22601
n)
VOICE:
(540) 667-2139 FAX: (540) 665-0493
FREDERICK COUNTY, VIRCIN14
SHADY ELM ROAD
3' HEDGEROW AS REPUTRED PER 165- 27E(11)(a)
3 TPSF5 PLANTED PER 10 LINEAR FEET
( EVERGREEN)
PARKING AREA
-'. `'.10A PHAITTRAIL %u'`'w"s �'•.` `x�`"a"'"`
. Trr
SO. �*c ...
STREET TREES 50'
ON CENTER
40" R/W DEDICATION &
NORTHBOUND LANE fMPROVMENTS
EXISTING SHADY ELM ROAD (40' R /W)
25' PARKING SETBACK (MINIMUM)
NOTE
STREET TREES AND LANDSCAPE SCREEN
(3 TREES PER 70 LINEAR FEET) PROVIDED
IN- ADDITION TO ANY LANDSCAPING
OTHERWISE REQUIRED BY ORDINANCE
EAST —WEST COLLECTOR ROAD
3' HEDGEROW AS REQUDZED PER 165- 27E(11)(e)
3 TREES PLANTED PER 10 L/NEAR FEET
(EVERGREEN)
PARKING AREA
Patton, Harris,
u K
7+APHiTPASD
lam,
WON
BO" R /fr DEDICATION &
ROAD CONSTRUCTION
STREET TREES 50'
ON CENTER
25
PARKING SETBACK (MINIMUM)
NOTE`
STREET TREES AND LANDSCAPE SCREEN
(3 TREES PER 10 LINEAR FEET) PROVIDED
IN ADDITION TO ANY LANDSCAPING
OTHERif7SE REQUIRED BY ORDINANCE
ARTILLERY BUSINESS CENTER
Patton, Harris,
Rust & Associates, pc
\o
EXHIB /T A
117 E. Plcadilly St,
MCI 667
Winchester, Virginia 22601
-2139 FAX: (540) 665 -0493
(540)
�1
FREDERICK COUNTY 1/7901JlA