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43A158_GraystoneCorporationOfVAAMENDMENT a Action: PLANNING COMMISSION: January 6 2010 - Recommended Approval BOARD OF SUPERVISORS: January 27, 2010 0 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #09 -09 OF GRAYSTONE CORPORATION OF VIRGINIA WHEREAS, Rezoning 909 -09 of Graystone Corporation of Virginia, submitted by Greemvay Engineering, to rezone 271.39 acres from RA (Rural Areas) District to MI (Light Industrial) District, with proffers dated August 24, 2009, last revised on January 25, 2010, for Office and Manufacturing Uses, was considered. The properties are located on the north side of Redbud Road (Route 661), the east side of CSX Railroad, the west side of Milburn Road (Route 662), and south of McCanns Road (Route 838), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 43 -A -158, 44 -A -25 and 44 -A -26. WHEREAS, the Planning Commission held a public hearing on this rezoning on November 4, 2009 and a public meeting on January 6, 2010 and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on .January 27,2010; 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 rezone 271.39 acres from RA (Rural Areas) District to M1 (Light Industrial) District, for Office and Manufacturing Uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRES #46 -09 �li F This ordinance shall be in effect on the date of adoption. Passed this 27th day of January, 2010 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove A y e Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye A COPY ATTEST JoryR. iley, Jr. derick County Administrator ON • PDRESk46 -09 Greenway Engineering August 24, 2009 1 Revised September 23, 2009 Revised October 9, 2009 Revised November 17, 2009 a Revised January 12, 2010 U1 Revised January 25, 2010 J GRAYSTONE CORPORATION OF VIRGINIA PROFFER STATEMENT REZONING: RZ # O q - Q9 Rural Areas District (RA) to Light Manufacturing District (MI) PROPERTY: 271.39± acres; Tax Parcels #43 -((A)) -158, 44- ((A))-25, and 44- ((A)) -26, (here -in after the "Property ") RECORD OWNER: Graystone Corporation of Virginia APPLICANT: Graystone Corporation of Virginia (here -in after the "Applicant ") PROJECT NAME: Graystone Corporation Office and Industrial Park ORIGINAL DATE OF PROFFERS: August 24, 2009 REVISION DATE: January 25, 2010 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 # cr -c` for the rezoning of 271.39± -acres from the Rural Areas (RA) District to 271.39± -acres to the Light Industrial (Ml) 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 be approved by the Frederick County Board of Supervisors and their legal successors, heirs, or assigns 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 Property, more particularly described as the lands owned by Graystone Corporation of Virginia (formerly Crider & Shockey, Inc. of West Virginia), being all of Tax Map Parcels 43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, and further described by Instrument Number 030025588. (Please refer to Rezoning Application Deed Information). PDRes. #46 -09 Proffer Statement Greenway Engineering August 24 2009 2 Revised September 23, 2009 Revised October 9, 2009 C) Revised November 17, 2009 Revised January 12, 2010 co Revised January 25, 2010 M PROFFER STATEMENT A. Generalized Development Plan I. The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP ") for the Property. The purpose of the GDP is to identify the general location of the M1 District office and industrial land bays, the general location of the future Route 37 corridor study area, the general location of the Snowden Bridge Boulevard urban four -lane divided collector road system with signalized intersection or roundabout design and limited entrance locations, the general location of on -site and off -site green space buffer areas, and the general location of the adjoining parcels that are within permanent protective easements. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated January 25, 2010. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas indicated on the proffered GDP. B. ML Light Industrial District Land Uses 1. The Applicant intends to develop the Property to implement industrial and office land uses that are designed to coexist in an office park setting. 2. The Frederick County Board of Supervisors agrees to allow future office and industrial land uses that are included within future amendments to the M1, Light Industrial District to be developed on the Property without the need for conditional zoning amendments. C. MI, Light Industrial District Design Standards 1. The Applicant hereby proffers to establish an Architectural Review Board (ARB) to oversee and approve all structural design exterior treatments for new construction and structural additions to ensure high quality development throughout the project. Additionally, the ARB will oversee and approve all Proffer Statement Greenway Engineering August 24, 2009 3 Revised September 23, 2009 0 Revised October 9, 2009 Revised November 17, 2009 co Revised January 12, 2010 ,J Revised January 25, 2010 monument signage and building mounted signage, to ensure consistency in the design of signage throughout the project. Notwithstanding what is stated herein, the ARB is intended to be in addition to and not intended to override or conflict with any provisions of the Frederick County Code. 2. The Applicant hereby proffers to establish requirements for outdoor green areas and /or outdoor plaza areas for the benefit of employees of the office and industrial park. These outdoor green areas and outdoor plaza areas will be located within each of the M1 District land bay areas identified in the proffered GDP. 3. The Applicant hereby proffers to establish internal asphalt trails for the benefit of employees of the office and industrial park. These asphalt trails will be a minimum of eight feet in width and will be designed to connect land uses throughout the Ml District land bay areas identified in the proffered GDP wherever possible. For each lot or parcel associated with the construction of a building, the Applicant agrees to identify the location on said lot or parcel for trails (if applicable, to said lot or parcel) and to have the trail constructed (if applicable) prior to the issuance of the Certificate of Occupancy for the structure or building on said lot or parcel. 4. The Applicant hereby proffers to establish a 100 -foot green space buffer area along the northern boundary of the Property as depicted on the proffered GDP. This green space buffer area will be left in its natural state to provide viewshed mitigation for the Milburn Cemetery and the Helm- McCann springhouse. Said buffer is in addition to the requirements of the Frederick County Code. 5. The Applicant hereby proffers to provide for evergreen landscaping along the Redbud Road frontage of the Property identified as a green space buffer area on the proffered GDP. The provision of this evergreen landscaping is to provide viewshed mitigation between the Property and the Shenandoah Valley Battlefield Foundation property. Said buffer is in addition to the requirements of the Frederick County Code, D. Transportation Enhancements I. The Applicant hereby proffers to provide a corridor study area within the Property as depicted on the proffered GDP that is a minimum of 350 feet in width. The purpose of this corridor study area is to provide Frederick County with an opportunity to determine a final alignment for Route 37 throughout the limits of the Property through the completion of engineering design sufficient for this purpose. The design within the corridor study area depicted on the proffered GDP will provide access to the Property to the proposed interchange and Snowden Proffer Statement Greenway Engineering August 24 2009 4 Revised September 23, 2009 Revised October 9, 2009 Revised November 17, 2009 Revised January 12, 2010 Revised January 25, 2010 Bridge Boulevard. The corridor study area shall be available to Frederick County for a period of eight years from the date of rezoning approval to complete engineering design necessary to determine the appropriate alignment and right -of- way width for Route 37 within the Property. The Applicant agrees to cooperate with VDOT and Frederick County to provide engineering information and reports within the Applicant's possession if needed to assist with this design effort. The Board of Supervisors may allow encroachment into and or the definition of the corridor study area if necessary to accommodate site development proposals through the Site Plan approval process. 2. The Applicant hereby proffers to provide for a maximum 350 -foot wide right -of- way dedication for the Route 37 mainline section within the Property. The mainline section is intended to include through travel lanes and collector - distributor lanes if necessary. It is agreed that any portion of the maximum 350 - foot right -of -way that is not required for the Route 37 mainline section within the Property will not be requested from the Applicant. The Applicant shall provide the required right -of -way dedication to Frederick County within 90 days from the date of written notice by Frederick County, which shall occur after an official decision has been made by Frederick County and VDOT for the alignment and right -of -way width for the Route 37 mainline section within the Property. In the event the aforesaid official decision has not been made for the Route 37 mainline section within the time period specified in Section D(1), the Applicant may either extend the time period for this decision, or may provide Frederick County with a 225 -foot wide right -of -way dedication for Route 37 within the corridor study area depicted on the proffered GDP. The Applicant shall be allowed to install utilities or other elements necessary for site development within the dedicated right -of- way area, provided that this does not restrict use of the right -of -way. 3. The Applicant hereby proffers to provide for right -of -way dedication sufficient for the development of up to an 800 -foot wide diamond interchange or a single point urban interchange (SPUI) in the general location depicted on the proffered GDP. It is agreed that any portion of the right -of -way that is not required for the new interchange within the Property will not be requested from the Applicant. It is further agreed that the engineering design sufficient to determine the location, type and right -of -way needs for the new interchange will provide direct access to Snowden Bridge Boulevard. The Applicant shall provide the required right -of- way dedication to Frederick County within 90 days from the date of written notice by Frederick County, which shall occur after an official decision has been made by Frederick County and VDOT for the alignment and right -of -way width for the new Route 37 interchange within the Property. In the event the aforesaid official decision has not been made for the new Route 37 interchange within the time period specified in Section D(1), the Applicant may either extend the time period for this decision, or may provide Frederick County with a 225 -foot wide right -of- way dedication for Route 37 within the corridor study area depicted on the N Proffer Statement Greenway Engineering August 24, 2009 5 Revised September 23, 2009 Revised October 9, 2009 O Revised November 17, 2009 Revised January 12, 2010 Revised January 25, 2010 do proffered GDP. The Applicant shall be allowed to install utilities or other elements necessary for site development within the dedicated right -of -way area, provided that this does not restrict use of the right -of -way. 4. The Applicant hereby proffers to construct Snowden Bridge Boulevard between the Property and Martinsburg Pike (U.S. Route 11 North), including the CSX bridge crossing, prior to the issuance of an occupancy permit for the first office or industrial site plan approved on the Property. The Applicant shall design and construct Snowden Bridge Boulevard as an urban four -lane divided collector road section (U4D) throughout the limits of the Property, and shall develop the off -site segment of Snowden Bridge Boulevard consistent with the approved public improvement plan. Snowden Bridge Boulevard shall be initially constructed as a two -lane road section, and shall be constructed as the ultimate four -lane divided road section prior to the issuance of the occupancy permit for the site plan that exceeds 8,000 VPD or in the event that Snowden Bridge Boulevard is developed to allow access for additional traffic from outside the Property, the construction of the ultimate four -lane divided road section shall be required when the total trip volume exceeds 8,000 VPD on the Property, which ever first occurs. 5. The Applicant hereby proffers to limit full commercial intersection access on Snowden Bridge Boulevard to establish up to three commercial intersections in the general location of intersections identified on the proffered GDP. An intersection has been identified on the proffered GDP that could potentially be developed as either a roundabout or as a signalized intersection if warranted by VDOT. All full commercial intersections identified on the proffered GDP will be developed with raised medians to provide for controlled left turn movement access to the Property. 6. The Applicant hereby proffers to allow for the full commercial intersection located on the east side of the Route 37 corridor study area to be closed entirely if necessary when Route 37 is developed by others throughout the limits of the Property. The closure of the full commercial intersection is conditioned upon the provision of street access to this portion of the Property that will be developed by others during the construction of Route 37. The Applicant agrees to cooperate with Frederick County to provide easements on the Property if necessary to facilitate new street access to this portion of the Property if 'this becomes necessary due to the construction of Route 37. 7. The Applicant hereby proffers to prohibit direct commercial access from the Property to existing Milburn Road (Route 662). The County may determine that emergency access from to the Property from existing Milburn Road is acceptable provided that it is designed to prohibit access for regular vehicular traffic. Proffer Statement Greenway Engineering August 24, 2009 6 Revised September 23, 2009 Revised October 9, 2009 Revised November 17, 2009 C Revised January 12, 2010 Revised January 25, 2010 4:0 8. The Applicant hereby proffers to prohibit direct commercial access from the O Property to existing Redbud Road (Route 661). Frederick County may determine that emergency access from to the Property from existing Redbud Road is acceptable provided that it is designed to prohibit access for regular vehicular traffic. 9. The Applicant hereby proffers to prohibit direct commercial access from the Property to McCann's Road (Route 838). Emergency access to the Property from McCann's Road is prohibited as well to protect the integrity of the buffer identified along this road. 10. The Applicant shall develop Snowden Bridge Boulevard as a public street; however, the Applicant shall have the ability to develop all internal streets as private street systems. All private streets shall be constructed to meet or exceed VDOT vertical base section standards. 11. The Applicant hereby proffers to provide for inter - parcel connections where possible to mitigate transportation impacts to the full commercial intersections identified on the proffered GDP. 12. The Applicant suhmitc that it will apply for all such public assistance mechanisms that are available at the time of development to facilitate the installation of the aforementioned transportation/infrastructure improvements. Those mechanisms include, but are not limited to, matching funds, industrial access funds and /or any other transportationtinfrastructure funding vehicles, such as CDAs. Without binding any future legislative act, the Applicant and the Frederick County Board of Supervisors agree that the use of said mechanisms are advantageous to the development of the Property and the use of same should be encouraged and that both parties should make all reasonable efforts to cooperate with one another to implement the appropriate mechanism or combination of mechanisms to ensure rapid installation of the aforementioned improvements. 13. The Applicant hereby proffers to provide for a maximum 60 -foot right -of -way dedication to Frederick County to provide for the development of a street connection by others between the planned portion of Snowden Bridge Boulevard on the Property and existing Redbud Road (Route 661) immediately south of the Property. The general location of this 60 -foot right -of -way shall be delineated on the final Master Development Plan, which shall connect to one of the proposed new full commercial intersections that are located to the west of the Route 37 corridor study area as depicted on the proffered GDP. It is agreed that the 60 -foot right -of -way dedication can be located within buffer areas provided that the landscape screening and opaque elements are located between the adjoining properties owned by Applicant and the right -of -way dedication area. The Applicant shall provide the required right -of -way dedication to Frederick County Proffer Statement tl . y Greenway Engineering August 24, 2009 7 Revised September 23, 2009 Revised October 9, 2009 Revised November 17, 2009 0 Revised January 12, 2010 Revised January 25, 2010 within 90 days from the date of written notice by Frederick County, which shall occur after an official decision has been made by Frederick County and VDOT to construct this street connection. It is agreed that the Applicant can construct street access with entrances to land bays within the delineated 50 -foot right-Of-way area provided that the proposed street access meets or exceeds VDOT vertical base section standards. The Applicant shall be allowed to install utilities or other elements necessary for site development within the dedicated right -of -way area, provided that this does not restrict use of the right -of -way. 14. The Applicant has agreed to provide Frederick County with right -of -way dedications within the Property for the Route 37 mainline, the new Route 37 interchange, and the connecting street between Redbud Road and Snowden Bridge Boulevard as described in Sections D(2), D(3), and D(13) of the Proffer Statement. In the event that Frederick County or VDOT decides to not construct these road systems in whole or in part subsequent to right -of -way dedication, the recipient of the dedication agrees to convey the right -of -way dedication to the Applicant within 90 days from the date of this determination. E. Fire and Rescue Monetary Contribution 1. The Graystone Office and Industrial Park has been demonstrated to provide a positive economic impact to Frederick County services by the Frederick County Development Impact Model. However, the Applicant intends to further support fire and rescue services through the provision of a monetary contribution in the amount of $0.05 per square foot of structural development for all land uses within the Property. This monetary contribution shall be provided to Frederick County for fire and rescue purposes prior to the issuance of a certificate of occupancy permit for each building permit issued within the Property. [Signatures on next page] Proffer Statement d Greenway Engineering August 24, 2009 $ Revised September 23, 2009 Revised October 9, 2009 CD Revised November 17, 2009 Revised January 12, 2010 0-0 Revised January 25, 2010 N F. Signatures — Graystone Corporation of Virginia The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. 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. v Date: t/ .A. _ z.) = Zo J e @i County of �� �`d +''.tom r To Wit: The foregoing instrument was acknowledged before me this- ° day 20!s by Z77 \j 'V C - %2 . My Commission Registration No.: ���111 , "%. .. .. U, \; / / / /Innllu t �� Proffer Statement Respectfully Submitted: 1 0 410 D x X c O x O m \ m z z M m O T r z \ )� m W m Co y O ~`. = m Co ' z ;U G -T it z 0 z _ m O A m C z \\ z 0 m z 0 Gt � N i'. 0 D m r- O o Z O is �fn1 m m 0 - Q O �I \ z ;U -i 7J p m � L8 �1°61Stl .\ A n _ s `�\ z \ M m X1 6 � 9 ®� \ O C —� $� a7 4 19v �® ® �® 0 o V' GENERALIZED DEVELOPMENT PLAN GREENWAY ENGINEERING, ixc. 151 Windy Hill Lane N GRAYSTONE CORPORATION OF VIRGINIA Winchester, Virginia 22602 o m W o Engneers, Surveyors & Environmental Services Telephone: (540) 662 -4185 STONEWALL MAGISTERIAL DISTRICT Founded in 1971 FAX.- (540) 722 -9528 FREDERICK COUNTY, VA www.greenwayeng.com V' BOUNDARY SURVEY g� I`a o lal n1�.aT wn Ian. . '_ 'L e N Iv nmcn.a<c v4ylm. 2eauz 4. OF THE ND OF $ RICHARD A. EDENS > N BY: awn HARRY L. MCCANN LAND TRUST Nu.aosaau No. 27605V STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA '£Yp SueN£t _ r.� ru ne- ro -nxe T 1 of I I L610 NVTH0 D DATE T T<EVI9IOIN G GREENINAY ENGINEEF L610 %. O |9/ G � \� \� � °2 - 2y . c l &!