44A75_AdamsCommercialCenterAMENDMENT
Action:
PLANNING COMMISSION: January 17, 2009 - Recommended Approval
BOARD OF SUPERVISORS: January 28, 2009 'A APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 415 -08 OF ADAMS COMMERCIAL CENTER
WHEREAS, Rezoning #15 -08 of Adams Commercial Center, submitted by Greenway Engineering, to
revise proffers dated April 17, 2008 with final revision date of January 8, 2009, associated with Rezoning
#02 -05 for 28.10 acres of land zoned B3 (Industrial Transition) was considered. This revision is intended
to remove the previously proffered uses on the site. The 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 44 -A -75.
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7,2009; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 28, 2009; 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 proffers concerning
Rezoning #02 -05. This revision is intended to remove the previously proffered uses on the site, as
described by the application and attached conditions voluntarily proffered in writing by the applicant
and the property owner.
PDRes #01 -09
This ordinance shall be in effect on the date of adoption.
Passed this 28th day of January, 2009 by the following recorded vote:.
Richard C. Shickle, Chairman Aye Gary A. Lofton -Ajr3F =
Gary W. Dove A ye Bill M. Ewing Aye
Gene E. Fisher Aye Charles S. De. Jr. Aye
Philip A. Lemieux Aye
A COPY ATTEST
John R/11:ey, Jr.
Frederick Count- Administrator
rDRes. ,e01 -09
Greenway Engineering April 17, 2008; Adams Development Group, Inc. Rezoning
Revised July 29,2008; Revised August 12, 2008;
Revised October 1, 2008; Revised December 9, 2008;
Revised January 8, 2009
PROPOSED PROFFER STATEMENT
REZONING: RZ #15 -08
Industrial Transition District (B3) with Proffers to Industrial
Transition District (B3) with Revised Proffers
PROPERTY: 28.10 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: April 17, 2008
REVISION DATE: January 8, 2009
Preliminary Matters
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 #15 -08
for the rezoning of 28.10± acres from the Industrial Transition (B3) District with Proffers
to the Industrial Transition (B3) 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. Approval of this proffer statement does not eliminate
previously approved proffers associated with current Tax Map Parcels 44- ((A)) -75B, 44-
((A))-75C, 44- ((A)) -75D, 44- ((A)) -75E and 44- ((A)) -75F; which were approved under
the conditions set forth in RZ #02 -05 approved by the Frederick County Board of
Supervisors on April 13, 2005.
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 Richard A. Edens, L.S., dated April 24, 2007 and
recorded as Instrument No. 070007323 (see attached Boundary Survey Plat).
File ri3949 /EAW 1
Greenway Engineering April 17,2008; Adams Development Group, Inc. Rezoning
Revised July 29,2008; Revised August 12, 2008;
Revised October 1, 2008; Revised December 9, 2008;
Revised January 8, 2009
A.) Generalized Development Plan
The .Applicant hereby proffers to develop the 28.10± acre property in substantial
conformance with the attached Generalized Development Plan — Adams Rezoning
28.10± Acre property, dated January 8, 2009 and approved as part of the rezoning
application.
B.) Vehicle Per Day (VPD) and Land Use Restrictions
1.) Conditional Rezoning Application #02 -05 limited traffic generation for permitted
land uses to a maximum of 4,603 VPD based on ITE Trip Generation 7 th Edition
volumes. The Applicant hereby proffers to restrict development of the 28.10±
acre property to an amount to be determined during Site Plan approval, not to
exceed a maximum of 2,900 VPD. The Applicant acknowledges that the
maximum 2,900 VPD may be further reduced for the 28.10± acre property should
additional development occur on tax parcel( - 44 7 ((A )) -75B, 4 4- ((A)) - 75C, 44-
((A))-75D, 44- ((A)) -75E and 44- ((A)) -75F-)
2.) The Applicant hereby proffers to prohibit the following B -3 District land uses
within 28.10± acre property:
➢ Amusement and recreational services operated indoors
➢ Automotive dealers and gasoline service stations
➢ Drive -in motion picture theaters
➢ Food stores
➢ Local and suburban transit and interurban highway passenger
transportation.
➢ Business associations; membership organizations; and labor unions
➢ Model home sales offices
➢ Motor freight transportation, excluding warehousing and storage
➢ Restaurants
➢ Transportation by air
➢ Transportation services
➢ Truck stops
C.) Transportation
1.) Access to Martinsburg Pike (US Route 11)
Direct access to Martinsburg Pike (US Route 11) will be provided through a single
shared commercial entrance to provide ingress and egress for the 28.10± acre
property and all parcels previously subdivided from tax parcel 44- ((A)) -75. This
shared commercial entrance has been constructed to align with the existing
File #3949/EAW 2
Greenway Engineering April 17,2008; Adams Development Group, Inc. Rezoning
Revised July 29,2008; Revised August 12, 2008;
Revised October 1, 2008; Revised December 9, 2008;
Revised January 8, 2009
commercial entrance to the APAC site located on the opposite side of Martinsburg
Pike.
2.) Turn lane — Martinsburg Pike (US Route 11)
The Applicant has constructed a right -turn deceleration lane at the entrance on
Martinsburg Pike (US Route 11). The Applicant will be responsible for the relocation
of the right -turn deceleration lane should this be required as a result of the future
Martinsburg Pike transportation plan improvements.
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. This
right -of -way commitment has been initiated by the Applicant through dedication to
Frederick County as evident in Deed Instrument No. 050017512.
4.) Corridor Improvements, Signalization
In recognition of offsite transportation impacts, the Applicant hereby proffers to
contribute a 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. When determined by VDOT, the Applicant will enter into
a signalization agreement with VDOT that will provide a one -time contribution
towards the cost of signalization in an amount to be determined by VDOT based upon
the traffic volume generated by the developed portion of the subject property.
5.) Corridor Improvements, Bicycle and Pedestrian Facility
The Applicant hereby proffers to construct an asphalt bicycle and pedestrian facility
that is 10 feet in width and located within the 20 -foot green strip identified in Section
F of this proffer statement. The Applicant shall construct this bicycle and pedestrian
facility on the north side of the single shared commercial entrance prior to the
issuance of a building occupancy permit for the first site plan on the north side of that
entrance, and shall construct this bicycle and pedestrian facility on the south side of
the single shared commercial entrance prior to the issuance of a building occupancy
permit for the first site plan on the south side of that entrance. No portion of the
asphalt bicycle and pedestrian facility will be constructed with the 20 -foot right -of-
way dedication area identified in Section C(3) of this proffer statement.
6.) Right -of -Way Reservation
The Applicant hereby proffers to reserve a 50 -foot wide strip of land between
Yardmaster Court and tax parcel 44 -1 -D to allow for the construction of a future
File #39491EAW 3
Greenway Engineering April 17,2008; Adams Development Group, Inc. Rezoning
Revised July 29,2008; Revised August 12, 2008;
Revised October I, 2008; Revised December 9, 2008;
Revised January 8, 2009
public street connection by others. The general location of this reservation area shall
be provided on the Generalized Development Plan; however, it is recognized that this
location can be shifted without the need of conditional zoning approval. All costs
associated with establishing this future public street shall be borne by the owner of
tax parcel 44 -1 -D, or by others than the Applicant.
D.) 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 tax parcels 44- ((A)) -76A, 44- ((A)) -76B, 44- ((A)) -76C and 44- ((A))-
76D as depicted on the proffered GDP.
E.) 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 tax parcels 44- ((A)) -70, 44- ((A)) -72, 44- ((A)) -73, and 44- ((1)) -D as
depicted on the proffered GDP.
F.) 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 staggered low -lying shrubs and a single row of deciduous flowering trees that
are a minimum of 1 I/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, will be developed in substantial
conformance with the Corridor Appearance Enhancement Exhibit dated January 8, 2009,
and will be installed by the Applicant consistent with the construction of the bicycle and
pedestrian facility as described in Section C5 of the proffer statement.
G.) Monetary Contribution to Offset Impact of Development
The undersigned owner of the above - described property hereby voluntarily proffers
that in the event rezoning application #15 -08 is approved, the undersigned will pay to
the Treasurer of Frederick County, Virginia the following amount:
$ .0151 building square foot
File #3949/EAW 4
Greenway Engineering April 17,2008; Adams Development Group, Inc. Rezonin
Revised My 29,2008; Revised August 12, 2008;
Revised October I, 2008; Revised December 9, 2008;
Revised January 8, 2009
This payment 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 prior to issuance of the building
occupancy permits.
H.) 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: Z / / / /0f
Robert C. Adams, President Date
Commonwealth of Virginia,
City /County of To Wit:
The foregoing instrument was acknowledged before me this I9 day of
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