43A158_GraystoneProfferRevisionCD
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RESOLUTION "'
Action:
PLANNING COMMISSION: April 18, 2012 - Recommended Approval
BOARD OF SUPERVISORS: April 25, 2012 2) APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #03-12 PROFFER REVISION OF GRAYSTONE CORPORATION
WHEREAS, Rezoning 903-12 Proffer Revision of Graystone Corporation, to revise the proffers
associated with Rezoning 409-09 relating to the "Transportation Improvements" section of the proffers,
was considered. The proffer revision, originally dated August 4, 2009 and revised February 3, 2012, is
intended to allow greater flexibility in the design of the roadway. 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 the south side 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 April 18, 2012 and
forwarded a recommendation of approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 25, 2012; 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 409-09. The proffer revision is intended to allow greater flexibility in the design of the
roadway, as described by the application and attached conditions voluntarily proffered in writing by the
applicant and the property owner.
PDRes. #13-12
This ordinance shall be in effect on the date of adoption.
Passed this 25th day of April, 2012 by the following recorded vote:
Richard C. Shickle, Chairman Absent Gary A. Lofton
Ross P. Spicer
Gene E. Fisher
Christopher E. Collins
PDRes. #13-12
Aye
Aye e Bill M. Ewing Na - - - y
Aye Charles S. DeHaven, Jr. Aye
Aye
A COPY ATTEST
John R:'Rl ey, Jr.
Frederick County Administrator
VIRGINIA: FP-EDERICK CGUNTY.SCT.
This instnuuent of writing was produced to me of
5-?-Z'f2 at 1:30 l.10
and with ceriiilcate ad;no=aled�ement thereto; r,n,rrcd
was admitted io record. Tat' imposed by Sec. 5N.1-SU2 of
$ &J , and58.1-801 have been paid, if assessable.
��eeek ���i� 'Clerk
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120004675 GRAYSTONE CORPORATION OF VIRGINIA
PROFFER STATEMENT G -
REZONING: RZ#09-09
Rural Areas District (RA) to Light Manufacturing District (MI)
PROPERTY: 271.39± acres;
Tax Parcels #43 -((A)) -l58,44 -((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: February 3, 2012
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 #09-09 for the rezoning of 271.39± -acres
from the Rural Areas (RA) District to 271.39± -acres to the Light Industrial (M1) 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).
PROFFER STATEMENT
C:)
Gr.
Revision Date: Febru&y 3, 2012
A. Generalized Development
1. 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 MI 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 Ml, Light
Industrial District to be developed on the Property without the need for conditional
zoning amendments.
C. M1, 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 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.
Proffer Statement
Revision Date: Febma ., 3, 2012
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
1. 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 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
Proffer Statement
Revision Date: Februa.y 3, 2012 O
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not required for the Route 37 mainline section within the Property will no 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 even 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 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 a four -lane, divided where applicable, road 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 VDP or in the event that
Proffer Statement
Revision Date: Februa y 3, 2012
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
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.
S. The Applicant hereby proffers to prohibit direct commercial access from the 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.
Proffer Statement
Revision Date: February 3, 2012
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 submits 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 transportation/infrastructure 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 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
60 -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.
Proffer Statement
Revision Date: Februa.y 3, 2012
E. Fire and Rescue Monetary Contribution
O
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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.
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.
Respectfully Submitted:
"vti'°11�e,{vbfa �1�7"LrL+�[ct� a- �lf�f.�l/f
B�:� C Z�� Date:—L—mac
Commonwealth of Virginia, 9
City/County of lfc��� t•V To Wit:
i
The foregoing instrument was acknowledged before me this 23day of r u C /v
—b/w ('
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ZO I � by _kJiOc;d, -J�`f
My Commission Expires:
Registration No.:
SUSAN D. SIAHL
NO FARY PUBLIC
Commonwealth of Virginia
Reg.#290874
Notary Public
Proffer Statement
to a1V19R31M
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GENERALIZED DEVELOPMENT PLAN
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GENERALIZED DEVELOPMENT PLAN
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GREENWAY ENGINEERING,
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a GRAYSTONE CORPORATION OF VIRGINIA
151 WindyHd(L.
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STONEWALL MAGISTERIAL DISTRICT
E M1Pers an
&Envwnmerua ae
Wwcchea ,, KV.ia22602
Telephone: (540)662-4185
FREDERICK COUNTY, VA
Founded in 1971
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