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AMENDMENT
Action:
PLANNING COMMISSION: May 6, 2015 - Recommended Approval
BOARD OF SUPERVISORS: May 13, 2015 EJ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #01-15 BLACKBURN COMMERCE CENTER
WHEREAS, Rezoning #01-15 Blackburn Commerce Center, submitted by Stowe Engineering, PLC,
to rezone 92.066 acres of land from the RA (Rural Areas) District to the Ml (Light Industrial) District with
proffers to accommodate industrial uses dated March 9, 2015, last revised on May 7, 2015, was considered.
The property is located adjacent to Dawson Drive, Apple Valley Road and Route 37. The property is
further identified with PIN 63 -A -80I in the Back Creek Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on May 6, 2015 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 13, 2015; 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 92.066 acres of land from the RA (Rural Areas) District to the Ml (Light Industrial) District
with proffers. The conditions voluntarily proffered in writing by the applicant and the property owner
are attached.
PDRes #15-15
-2 -
This ordinance shall be in effect on the date of adoption.
Passed this 13th day of May, 2015 by the following recorded vote:
Richard C. Shickle, Chairman Ave Gary A. Lofton Ave
Robert A. Hess Ayre Robert W. Wells Aye—
Gene E. Fisher Ave Charles S. DeHaven, Jr. Ave
Jason E. Ransom A_y e
A COPY ATTEST
Roderick B. Williams, Interim
Frederick County Administrator
VIRUJNL& FRiDla'RICK COUNTY.SCL
This instrument Of writing was produced to me on
S • /S-2015
---�_ at : 1 ti PR)
and with certuicair acknowledgement thereto annexed
war admitted to rtcma Fax imposed by Sec. 58.1-802 of
S /y ` - , and 58.1-801 have been paid, if assessable
4,44 ,Clerk
PDRes #15-15
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1�000111345 REZONING REQUEST PROFFER N
Property Identification Number
63-((A))-801
Back Creek Magisterial District
Blackburn Commerce Center
Record Owner: Blackburn Farm, LLC (formerly Blackburn Limited Partnership)
Applicant: Timothy Stowe
Original Date of Proffers: March 09, 2015
Revision Date of Proffers: May 07, 2015
Preliminary Matters
Pursuant to Section 15.2-2296 et.seo., 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 #03-15 for the rezoning of Tax Map Parcel
63-A-801, a 128.82 -acre parcel, to establish 92.066 +/- acres of Light Industrial (M-1) Zoning
District and 36.754+/- acres of Rural Area (RA) Zoning District. Development of the 92.066 +/-
acre Light Industrial (M-1) Zoning District, hereinafter referred to as the "Property", portion of
the Tax Map Parcel 63-A-801 shall be done in conformity with the term 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 Virginia Law. In the event that such rezoning is not granted, then these
proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be
binding upon the owner and their legal successors or assigns.
Site Improvements
The owner agrees to participate in the cost of transportation improvements in the
nearby area. The applicant will contribute to Frederick County a maximum of Six
Hundred and Twenty Five Thousand and 00/100 Dollars ($625,000.00), which will be
subject to the escalation clause contained in these proffers. Such payment shall be
made at the time of issuance of each building permit for all building structures
developed on the Property. Each payment shall be in proportion to the square
footage of the proposed construction on the Property consistent with the
development projection in the Traffic Impact Study, which amounts to $0.735/
square foot of building structural development. Such funds can be used by the Board
of Supervisors in its discretion for transportation improvements, and can also be
used as local match funding for County Revenue Sharing Program projects.
Proffer Statement Page 1 of 4
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2. The owner agrees to limit the number of entrances for the Property to be rezoned to
a maximum of two (2) entrances. One (1) entrance will feed directly into Dawson
Drive. Entrance two (2) will use the existing entrance onto Apple Valley Road
through parcel 63 -A -58C. This is shown on the Generalized Development Plan, latest
revision date of 4/1/2015, attached to these and made part of these proffers.
3. The owner herby proffers to provide for inter -parcel connections within the
Property where possible to mitigate transportation impacts.
Building Restrictions
The development of the subject Property shall include the following building restrictions:
1. The maximum height for all primary and ancillary structures will be sixty (60) feet
within a distance of one thousand (1000) feet of Apple Valley Road. Roof top
mechanical equipment is not subject to the sixty (60) foot height restriction.
2. All loading docks shall be screened from view from all adjacent properties in the
Rural Area (RA) or Residential Performance (RP) Zoning Districts that are located on
the east side of Route 37.
3. Utility service lines are to be constructed underground from the utility distribution
lines to the building service connection.
Landscape Design Features
The development of the subject Property, and the submission of any Master Development Plan,
shall include the following landscape design features:
1) There will be a green space buffer between Apple Valley Road and the existing pond
in the area to be rezoned MS. The buffer extends out two hundred (200) feet from the
edge of Apple Valley Road. The green space buffer is to be left undisturbed and remain
in its natural state. The green space buffer may only be disturbed for installation and
maintenance of utilities, installation and maintenance of inter -parcel connections, and
maintenance of the vegetation. This is shown on the Generalized Development Plan,
latest revision date of 4/1/2015, attached to these and made part of these proffers.
2) There will be a green space buffer provided along the northern border of the area to
be rezoned M3. The green space buffer will run along the northern boundary separating
the Mi zoning from the RA zoning. The green space buffer will be fifty (50) feet wide.
The starting point for the buffer is where the area to be rezoned MI meets Apple Valley
Road and runs the length of the boundary between the area to remain zoned RA and
the subject Property. The green space buffer is to be left undisturbed and remain in its
Proffer Statement Page 2 of 4
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natural state. The green space buffer may only be disturbed for installation and
maintenance of utilities, installation and maintenance of inter -parcel connections, and
maintenance of the vegetation. This is shown on the Generalized Development Plan,
latest revision date of 4/1/2015, attached to these and made part of these proffers.
Monetary Contributions to Offset Impact of Development
The undersigned, hereby voluntarily proffers that if the Board of Supervisors for the County of
Frederick, Virginia approves the rezoning for the 92.066+/- acre portion of Tax Map Parcel 63-A-
801 to the Light Industrial (M-1) Zoning District, the undersigned will pay Frederick County, prior
to the issuance of the Certificate of Occupancy Permit for the first structure constructed on the
Light Industrial (M-1) Zoning District portion of the parcel, the sum of ten thousand dollars
($10,000.00), for use by the Board in its discretion for fire and rescue purposes.
Escalator
In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick
County within eighteen (18) 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 this Proffer Statement which are paid to the County after eighteen
(18) 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 eighteen (18) 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 percent
(6%)per year, non -compounded.
Proffer Statement page 3 of 4
Respectfully Submitted,
Blackburn Farm, LLC (Blackburn Limited Partnership having been converted to Blackburn
Farm, LLC as evidenced by the Certificate of Fact issued by the Commonwealth of Virginia
State Corporation Commission attached hereto)
OWNER:
Barbara B. Lewis, Manager
Date:
COMMONWEALTH OF VIRGINIA
CITY/eMNTY OF �ti 1 �'1G(.tflS%'>� . to -wit:
The foregoing instrument was acknowledged before me this 15th day of' ,
May 2015, by Barbara B. Lewis, Manager.=� "! 1 '
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My Commissio res /] -f31,
Notary Public \ M=�_ - \_j i'A'r7lA _ �'' 'I �V a E
Proffer Statement Page 4 of 4
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I Certify the Toffowing from the W§cords of the Commission:
On January 21, 2014, BLACKBURN LIMITED PARTNERSHIP, formerly a Virginia limited
partnership, converted to a limited liability company with the name BLACKBURN FARM, U.C.
Nothing more Is hereby certified.
SignedandSeafedat i i
j,ItATIO May 14, 2015
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REVISION SCHEDULE II
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