33A124A_WoodsideCommercialCntrProfferRevisionRESOLUTION
Action:
PLANNING COMMISSION: February 20, 2013 - Recommended Approval
BOARD OF SUPERVISORS: March 13, 2013 ID APPROVED ❑ DENIED
THE ZONING DISTRICT MAP
REZONING #0I-13 PROFFER REVISION OF WOODSIDE COMMERCIAL
CENTER
CD
WHEREAS, Rezoning #01-13 Proffer Revision of Woodside Commercial Center, submitted by
SilverWolfe, LLC, to revise the proffers associated with Rezoning #18-06 relating to the "Transportation"
section of the proffers, specifically Proffer Le., was considered. The proffer revision, originally dated
March 15, 2007, with final revision dated January 28, 2013, is replacing the previously proffered design
and photography service prior to the first site plan with a monetary contribution in the amount of $75,000
for road improvements, prior to issuance of an occupancy permit. The property is located on the east side
of Route 11 and 3,000+/- feet north of Hopewell Road (Route 672), also known as Exit 321 of Interstate
81, in the Stonewall Magisterial District, and is identified by Property Identification Number 3' )-A-1
WHEREAS, the Planning Commission held a public meeting on this rezoning on February 20, 2013
and forwarded a recommendation of approval; and
WHEREAS, the Board of Supervisors held a public meeting on this rezoning on March 13, 2013, 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 associated with
Rezoning # 18-06 relating to the "Transportation" section of the proffers, specifically Proffer Le. The
proffer revision, originally dated March 15, 2007, with final revision dated January 28, 2013, is
replacing the previously proffered design and photography service prior to the first site plan with a
monetary contribution in the amount of $75,000 for road improvements, prior to issuance of an
occupancy permit.
PDRes. 407-13
This ordinance shall be in effect on the date of adoption.
Passed this 13th day of March, 2013 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Robert A. Hess Aye Bill M. Ewing Nay
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Christopher E. Collins Aye
A COPY ATTEST
John R. Riley, Jrr'.
Frederick County Administrator
FDRes. +=07-13
CD
<, r A
0 'J
Rezo aai,g:
Property:
Record Owner:
Project Name:
Original mate of Approved Proffers:
Revised Date of Proffer:
Mabisterial District:
RZ # 01-13
Area: 8.835 acres
Tax Parcel 33 -(A) -124A
Silverwolfe, LLC
Woodside Commercial Venter
1N'1arch 15, 200'
January 23, 2013
StoneH'all
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 offer the following proffers that in
the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning
Application #01-13 for rezoning of 8.835 -acres from the B-3 zoning district with proffers
to B-3 zoning district with revised proffers, development of the subject property shall be
done in conforinity with the terns 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 are approved by the 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.
The subject properties are more particularly described as the lands conveyed to
SilverWolfe, LLC, fiom Douglas L. Brill & Bonnie R. Brill as recorded in the Frederick
County Circuit Court Clerk's Office as instrument #060018520 dated September 29,
2006.
CD
i�
Proffers:
CD
1. Transportation
a. Access
Access to this property from Martinsburg Pike (US Route 11) shall be
limited to one commercial entrance. The final location will be subject
to VDOT review and approval once a site plan is submitted.
ii. Access to this property from Woodside Road (Route 671) shall be
limited to a maximum of two commercial entrances. The final
locations will be subject to VDOT review and approval once site plans
are submitted. Turn lanes and tapers for these entrances will be built as
required by VDOT.
b. Additional Lanes
The applicant hereby proffers to construct a 12' lane onto Martinsburg
Pike, Route 11, along the site road frontage. This +/-650' long lane
will be built to VDOT requirements. This will be built prior to
receiving any final occupancy permits on site.
ii. The applicant hereby proffers to dedicate an additional 10' strip of
land to the Commonwealth of Virginia and to pave a 12' lane along
the entire frontage of Woodside Road, Route 671, when the traffic
count from this project reaches or exceeds 2,815 trips per day or upon
request by Frederick County.
c. hlterparcel cor ections
i. Upon construction of a state approved entrance onto Martinsburg Pike,
Route 11, the applicant hereby proffers to designate one inter -parcel
connection along the southern boundary.
d. Right of Way and Easement Dedication
The applicant hereby proffers to dedicate to the Commonwealth of
Virginia a strip of land ten feet (10') in width along the entire frontage
of the property on Martinsburg Pike (Route 11) Right of Way. The
applicant also proffers to the Commonwealth of Virginia a strip of
land twenty-five (25') in width from the centerline of Woodside Road
(Route 671) along the entire frontage of the property. These
dedications will take place prior to site plan approval.
ii. The applicant hereby proffers a 20' drainage, pedestrian, and utility
easement along the frontage of Martinsburg Pike, Route 11, to
Frederick County. The applicant will retain the right to place the
proffered split rail fence (see item 7-A) and monument sign (see item
7-D) within this easement.
e. Contributions for Road Improvements in recognition of off-site transportation
impacts.
i. $75,000 to Frederick County to be paid prior to the first occupancy
permit.
2. Fire & Rescue — Monetary Contributions
a. The applicant hereby voluntarily proffers a cash contribution to the Treasurer
of Frederick County, Virginia, of $0.10 per building square foot to be
disbursed to the Frederick County Fire and Rescue Department, to be paid
prior to each final site plan approval. The term "building square foot" shall be
the combined floor area for each story.
3. The applicant hereby proffers that the combined building floor area for the following
high -traffic uses of retail, restaurant, and indoor entertainment shall not exceed a
combined total of 75,000 square feet. All other uses allowed in B-3 such as general
office and storage will not be limited.
4. The applicant hereby proffers that the following uses shall be prohibited on the
property.
a. "Truck Stops -Retail" as defined in SIC 5541. Excluding Truck Stops, all other
uses within SIC Code 5541 are included and acceptable.
b. SIC 45 — "Transportation by Air"
c. SIC 4741 — "Rental of Railroad Cars"
d. SIC 5271— "Mobile Home Dealers"
e. SIC 7833 — "Drive -In Motion Pictures"
The applicant hereby proffers the following conditions to "Automobile Service
Stations-, Retail" as defined in SIC 5541 -"Gasoline Service Stations".
a. Only one business will be allowed to have retail fuel pumps.
b. The total number of pumps will be limited to twelve or fewer.
c. Diesel fuel will be restricted to two pumps or fewer and must be located with
other pumps. Diesel fuel sales to "over -the -road trucks" will be prohibited.
6. The applicant hereby proffers to install an additional row of evergreen trees for a total
of four rows in all areas required to have a "full screen zoning buffer" per the
Frederick County Zoning Ordinance at the time of site plan approvals.
7. Corridor Enhancements to be completed by prior to the first occupancy permit.
O
C3
rI--)
103
a. The applicant will construct a split rail fence along the road frontage.
b. The applicant will not allow any parking spaces or outdoor storage to be
constructed within 50' of Route 11. Any required fire lanes within this area
will be grass paved.
c. The applicant will erect a single monument style sign, not to exceed twelve
(12') in height, with the park's name and list of tenants. This monument sign
will not exceed twelve (12') in height or one hundred (100 sf) square in area.
The applicant will not install any freestanding signs between the buildings and
Route 11 other than this one monument sign.
d. The applicant will restrict each business facing Route l 1 to a sign not to
exceed eight square feet mounted on the building. This applies to individual
businesses and not the entire building.
e. The applicant will require each building fagade along Route 11 to be
constructed of wood, vinyl, glass, masonry, or stLlcco. However, nletal siding
will be allowed within the business park and on all sides not facing Route 11.
4
The conditions proffered above shall be binding upon 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 and Ordinance.
Respectfully Submitted:
By: _. .
Gary Rodney Oates
Gary I--6nzel Oates
Commonwealth of Virginia,
Date
Date
Cit /Coup -of 4 F r : r 6 t jTo Wit:
The foregoing instrument was acknowledged before me this day of February, 2013
By Z
PV
z �, hdota `Public
My Commission Expires
Kw.i RICHARD
a
��TARY Pi96L1C
�; CCx{!s".6tPeO KIVEliLr°rl `��T.Y [✓'yn. -
r��
s._
M C4LG
'M
W5 VC3 2
5 5 • Z3' 06" E 749.7-'S'
Agcsz
x,99 t 'l
AU
16,
4r e�U
y p'1 J 50* 37' 1/ w
-"03,92'
.tee" fsryr rN
! 5[T
AI 6�_q r�
1
f
THE LANA OF � Rm
STONFWAU" MSTRICT, FREDERICK. COUNTY
s.
VIRG A 6 IGF E
_ _
CZU
54
17 3 %lt
I 141
f t
c!''.. n t�: �'.?a� - a•�' ��-x`_r `�,,
a %- el -
Pi
t
SHEET