44A25A_McCannOfficeParkAction:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
-0
AMENDMENT Co
CD
October 21, 2015 - Recommended Approval
November 12, 2015 M APPROVED (❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #08-15 MCCANN OFFICE PARK
WHEREAS, Rezoning #08-15, Of McCann Office Park, submitted by GreyWolfe, Inc., to rezone
154.923 acres of land from the RA (Rural Areas) District to RA (Rural Areas) with proffers, 6.18 acres
from RA (Rural Areas) District to B2 (General Business) District with proffers, 11.729 acres from RA
(Rural Areas) District to M1 (Light Industrial) District with proffers and 93.246 acres from RA (Rural
Areas) District to OM (Office -Manufacturing Park) District with proffers, with proffers dated March 6,
2015, last revised on August 27, 2015 was considered. The property is located on the southeastern side of
Martinsburg Pike (Route 11) and Old Charlestown Road. The property is further identified with PIN(s) 44-
A -25A, 44 -A -25B and 44-A-40 in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 21, 2015
and recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 12,20 15;
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 154.923 acres of land from the RA (Rural Areas) District to RA (Rural Areas) with proffers,
6.18 acres from RA (Rural Areas) District to B2 (General Business) District, 11.729 acres from RA
(Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres from RA (Rural Areas) District
to OM (Office -Manufacturing Park) District with proffers, with proffers dated March 6, 2015, last
revised on August 27, 2015. The conditions voluntarily proffered in writing by the applicant and the
property owners are attached.
PDRes #47-15
-2-
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of November, 2015 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Robert A. Hess Aye Robert W. Wells Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Blaine P. Dunn Aye
A COPY ATTEST
renda G. Garton
Frederick County Administrator
VIKGMA; FP, -,,:DV -RICK COUNITY.SC-.
s instrument of writing was produced to me on
at
and with certrcatc ack�►otvlr�cle�ment thereto anr�xt M.
was admitted
to "11,1 `1a;� irt'i ;d ed
54-c. M.1-802 of
PDRes #47-15 $-- i--�� 5:1, ► ` 11 haw
bwn
BOS Res. #032-15 }��cd ifas,, cable
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Rezoning:
Property:
Record Owners:
Project Name:
Original Date of Proffers:
Revisions:
Magisterial District:
RZ # _-15
Area: 154.923 acres
Tax Parcels 44 -(A) -25A, 44 -(A) -25B & 44-(A)-40
McCann Family Land Trust
Jack Wampler, Sr.
Jack Wampler, Jr.
McCann Office Park
March 6, 2015
March 18, 2015
August 3, 2015
August 27, 2015
Stonewall
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 owners hereby offer the following proffers that in the
event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning
Application #-- 15 for rezoning of 154.923 -acres from the RA District to RA with
Proffers (27.435 acres) to be used for Open Space, RA with Proffers (16.333 acres) to be
dedicated for right of way to the County and Commonwealth, Business (B-2) (6.180
acres), Light Industrial (M-1) (11.729 acres), and Office Manufacturing Park (OM)
(93.246 acres) Districts, 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 owners 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 the
owners and their legal successors, heirs, or assigns.
The "Properties" are more particularly described as the lands conveyed to
McCann Family land Trust from Betty Ann Marshall and Judith McCann Slaughter by
Memorandum of Trust Agreement as instrument #010012943 dated July 1, 2001, and
Deed of Exchange from Judith McCann Slaughter to McCann Family Land Trust as
instrument 020000470 dated July 1, 2001, and from Judith McCann Slaughter and
Samuel A. Slaughter, III, to Jack Wampler, Sr., and Jack Wampler, Jr. as instrument
040024111 dated November 20, 2004, as recorded in the Frederick County Circuit Court
Clerk's Office. See also plats of record in Deed Book 599 on Page 241, and instruments
150000961, 150000962, 150008123; and further identified collectively as Tax Parcels
44 -(A) -25A, 44 -(A) -25B, and 44-(A)-40.
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Proffers:
1. Transportation — Vehicle Trips per Day to be determined at Site Plan submission
utilizing the current ITE Trip Generation Manual. The owners hereby proffer that the
Average Daily Trips shall not exceed 6,713.
a. Right of Way Dedication
i. The owners hereby proffer to dedicate an additional 20' strip of land to
the Commonwealth of Virginia along Martinsburg Pike (Route 11) for
future widening totaling 0.391 acres as shown on Figures 2, prior to
the first certificate of occupancy or within 60 days by written request
by the Commonwealth of Virginia.
ii. The owners hereby proffer to dedicate land to the County of Frederick
along Martinsburg Pike (Route 11) and along Old Charles Town Road
(Route 761) for future widening and turn lanes totaling 2.221 acres as
shown on Figures 2 and 3, prior to the first certificate of occupancy or
within 60 days by written request by Frederick County.
iii. The owners hereby proffer to dedicate a 400' strip of land for Route
37, to the County of Frederick, as shown on Figure 1, within 60 days
by written request by Frederick County. Access for the southern parcel
(11.982 acres) shall be a 50' temporary access easement through this
dedication. This easement shall be extinguished when another access
point to a public road is provided by the Commonwealth, County, or
others.
iv. The owners hereby proffer 1.735 acres on McCann's Road (Route
838), to the County of Frederick as shown on Figure 2, within 60 days
by written request by Frederick County.
b. Road Improvements
i. The owners hereby proffer to enter into a signalization agreement with
VDOT for a traffic light at the intersection of Martinsburg Pike (Route
11) and McCann's Road (Route 838) prior to the approval of the first
site plan.
ii. The owners hereby proffer to install right turn lane on northbound
Martinsburg Pike (Route 11). Lane shall be installed prior to the first
occupancy permit.
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iii. The owners hereby proffer to construct left and right turn lanes on
McCann's Road (Route 838) at the intersection with Route 11. Lane
shall be installed prior to the first occupancy permit.
iv. The owners hereby proffer a single "right in/right out" entrance onto
Old Charles Town Road (Route 761). Said entrance shall align with
the approved entrance of rezoning #02-09. The entrance will not be
constructed until the transportation improvements on rezonings #02-09
(Bishop -Amari) and #06-03 (Stephenson's Village) or January 1,
2035; whichever comes first.
v. The owners hereby proffer to improve McCann's Road (Route 838)
from the intersection of Martinsburg Pike (Route 11) to a point 500'
west of the CSX railroad bridge. All entrances to the commercial and
industrial development shall be limited to the improved section of
Route 838. Improvements shall occur prior to the first occupancy
permit. Improvements are:
1. A 10' asphalt trail parallel to Route 838 along the north side of
the right way. Said trail shall connect to the trail proffered in
the Hiatt Run Condos rezoning # -15.
2. The road shall be paved with a cross-section for heavy traffic
per VDOT standards and specifications. A detail of this cross-
section is attached as Figure 7.
2. Fire & Rescue — Monetary Contributions
a. The owners hereby proffer a cash contribution to Frederick County for Fire
and Rescue purposes, of $0.10 per building square foot to be disbursed to the
Frederick County Fire and Rescue Department, to be paid prior to occupancy
permit. The term "building square foot" shall be the combined floor area for
each story.
3. Historic
a. The owners hereby proffer to provide an additional 10 parking spaces beyond
County requirements in the commercial (B-2) area for visitor parking and a
10'x10' area nearby for a historic marker. The marker, installation, and
maintenance, shall be provided by others.
b. The owners proffer the 27.435 acres of the property, to be zoned RA, and as
shown in Figure 4, shall be an open space buffer.
4. Signage
a. The owners proffer a single monument style sign by the intersection of
McCann's Road (Route 838) and Martinsburg Pike (Route 11) not to exceed
25 feet in height and 150 square feet in area. The sign shall be for the
individual tenant and/or owner signage.
5. Figures and Drawings — The attached figures number 1 through 7 to be trade part of
these proffers.
4
The conditions proffered above shall be binding upon heirs, executors,
administrators, assigns, and successors in the interest of the owners 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 and Ordinance.
Respectfully Submitted:
. 6"t-4ele-Z
ann Family Land Trust Date
Judy McCann -Slaughter, Trustee
By:
McCann Family Land Trust
Ellen L. Marshall, Trustee
Commonwealth sof Virginia,
City/County of l✓�J r`� To Wit:
Date
The foregoing instrument was acknowledged before me this
B y� 1�ct , c C L2_�►�`�EQ By
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My Commission Expires 10 L I � 1 j - l ")
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day of, 20 l -�
Registration Number
JILL PENEE POTTER
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES DEC. 31, 2017
COMMISSION N 75.5-07
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Commonwealth -of -Virginia,
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The foregoing instrument was acknowledged before me this &A
By F— l L. MAssLt k By
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My, Commission Expires
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By-,/ XJ�
ack Wampler, Sr `/ Date
By: 2. Almf el `
ck Wampler, Jr
Commonwealth of Virginia,
City/County of �Lel-r;t_k To Wit:
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Date
The foregoing instrument was acknowledged before me this 0 day of &P"6" , 2015
By
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Notary Dole
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By A a cxe_ V, M,A � r_
Megan Tennielle Pierce
Commonwealth of Virginia
Notary Public
Commission No. 342190
My Commission Expires 6/30/2016
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Registration Number
THIS IS NOT A BOUNDARY SURVEY.
ROUTE 11 - MARTINSBURG PIKE
\
1 — -
44-(A)-24
RITA WILSON
070014065
44 -(A) -134A 44-(A)-1328 ZONED: RA
S.
CHARLES L. & \ CHARLES 0110 AEC.
JANE V. BRIDGE SHUMAKER, ETA LS
DB 953, PG 182 \ 130001829 12„ E
\ ZONED: RA ZONED: RP N 2 058
\ USE: RES. 1 USE: CHURCH 4019183'
16.1 AC. 14.4 AC,
N 2 3618 78
N 2703�
449 34' E
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44-(A)-258
c McCANN
41-
y REMAINDER
11.729 AC. '
PR. ZONING: M-1
43-(A)-140
MICHAEL S. WEBER
DB 673, PG 623
ZONED: RA
USE. NURSERY
135.3 AC.
1
C4
J""
38°51'30" W
a� 5.00'n
N 27°2823" E
PROPOSED 50'INGRESS-EGRESS
i� FOR REMAINING PARCEL 1
EX. 150' POWER LINE EASEMENT 1
E F T- F E --
DB 249, PG 393
C2
HATCHED AREA DENOTES
11.982 ACRES TO BE
DEDICATED TO THE
COUNTY OF FREDERICK
FOR ROUTE 37.
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#
RADIUS
I ARC
DELTA
BEARING
CHORD
DIRECTION
CI
3300.00'
1221.95'
21012'57"
N30009'58" W
1214.98'
C -CW
C2
3700.00'
1378.00' 21020'20"
S 32°2952" E
1370.05'
CW
C3
5709.58'
374.69'
0304536"
S 49°15'42" W
374.62'
C -CW
C4
5704.58'
48.80'
0002924 "
I S 51023'12 " W
46.80'
C -CW
CS
5704.58' 1
107.30'
01'04'40"
1 S 52010'14" W
1 107.30' 1
C -CW
300' 0' 300'
GRAPHIC SCALE
FIGURE 1 1073 Redbud Road
his GreyWolfe, Inc. SKETCH SHOWING REMAINDER Winchester, VA 22603
d; Land Surveying and Consulting PARCEL, INGRESS -EGRESS EASEMENT Greywoifelnc@aoi.com
-- AND RIGHT OF WA Y DEDICA TION 540-667-2001 OFC
FOR ROUTE 37 540-545-4001 FAX
McCANN OFFICE PARK DATE: AUGUST 3, 2015 1 SCALE: 1 "= 300' FILE NO: 0388
I i ! I BISHOP-AMARI A THIS IS NOT A BOUNDARY SURVEY.
EX. 80' RIGHT OF WAV
ROUTE 11
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CROSS -HATCHED AREA DENOTES
0.391 ACRES FOR RIGHT OF
WAY TO BE DEDICATED TO THE
COMMONWEALTH OF VIRGINIA.
HATCHED AREA DENOTES
2.221 ACRES FOR RIGHT OF
WAY TO BE DEDICATED TO
THE COUNTY OF FREDERICK.
120' 0' 120'
GRAPHIC SCALE
PROPOSED 40' RIGHT OF
WAY DEDICATION
CROSS-SECTION
N.T.S.
FIGURE 2 1073 Redbud Road
GreyWolfe, Inc. SKETCH SHOWING CROSS-SECTION, Winchester, VA 22603
Land Surveying and Consulting PLAN VIEW, AND RIGHT OF WAY GreyWo/felnc@ao%com
w DEDICA TION FOR ROUTE 11 540-667-2001 OFC
540-545-4001 FAX
McCANN OFFICE PARK DATE: AUGUST 3, 2015 1 SCALE: 1 "= 120' FILE NO: 0388
44-(A)-40
OPEN SPACE
BUFFER
30.243 AC.
BISHOP-AMARI
REZONING #02-09
ZONED: B:2
NEW ENTRANCE TO ALIGN
WITHAPPROVED LOCATION
PER REZONING #02-09, A
TRAFFIC LIGHT WILL BE
INSTALLED WHEN
WARRANTED BY VDOT.
BRIDGE
THIS IS NOTA BOUNDARY SURVEY.
200' 0' 200'
GRAPHIC SCALE
HATCHED AREA DENOTES
2.612 ACRES FOR RIGHT OF
WAY TO BE DEDICATED TO
THE COUNTY OF FREDERICK.
FIGURE 3 1073 Redbud Road
GreyWolfe, Inc. SKETCH SHOWING CROSS-SECTION, Winchester, VA 22603
Land Surveying and Consulting PLAN VIEW, AND RIGHT OF WAY GreyWo/felnc@aol.com
w
DEDICATION FOR ROUTE 761 540-667-2001 OFC
540-545-4001 FAX
McCANN OFFICE PARK DATE: AUGUST 3, 2015 SCALE: 1 "= 200' FILE NO: 0388
THIS IS NOTA BOUNDARY SURVEY,
N 25°2142" E
WAMPLER 102.43'
I ON
S 64°3758" Ems\
� 75.00'
�✓ S 8805229 " E HIATT RUN
PR. OM PR. B 2 233,71' APARTMENTS
31, 437 AC. 6.180 AC.
OPEN SPACE - RA
N 27.435 AC.
38'44, E �cr
�� rr10 pp, N 0 260.00 �F
%V
PR. OM
61.809 AC.
OB
S 36021'40" S 48°16'34"E
W 5tia°�
2�� 200.00'
61.86
S 60°55'08" E
S26-1325.00'
900°4/
„sSo38
rq po o�
N
S 37°29'46" E
318.00' 1
S77°40'19" E
110 00'
cSXR917Rpg0
/ I 1
I 1
500' D' 500'
GRAPHIC SCALE
FIGURE 4 1073 Redbud Road
♦�`# GreyWolfe, Inc. SKETCH SHOWING Winchester, VA 22603
w Land Surveying and Consulting ZONING BOUNDARY Greywoifelnc@aoi.com
OF OM AREA 540-667-2001 OFC
540-545-4001 FAX
I McCANN OFFICE PARK I DATE: AUGUST 3, 2015 I SCALE: 1"=500' 1 FILE NO: 0388
E
HIATT RUN \
APARTMENTS
N 64040'05" W
102.23'
N 79'55" E
NZS°77
E 1171.1
244 g j
260.00'
' Ad" W
THIS IS NOTA BOUNDA R Y SUR VEY,
300' 0' 300'
GRAPHIC SCALE
HATCHED AREA DENOTES
RIGHT OF WAY TO BE
DEDICATED TO THE
COUNTY OF FREDERICK.
s
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0
90
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w
PR. OM
61.809 AC.
RADIUS
15709.58'
ARC
o0
I BEARING
CHORD
DIRECTION
CI
498.26'
F�1so
S 33°06'17" W
498.10'
CW
C2
F
75.36'
A
S 3505859" W
75.36'
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C3
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256.70'
58°49'54"
\
245.57'
CW
OPEN AREA - RA
1750.00'
331.84'
10°51'52"
27.435 AC.
v
C -CW
\
0 0
O
503.39'
0
S 6105042 " W
480.17'
CW
C4
1 525.00' 1
450.87
49°1221 " I
S 67036'09" W
1 437.14'
C -CW
N 77°4019 W L p
c's'r'P,91 110.00'
\
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S 36021'40"
W
78.95'
THIS IS NOTA BOUNDARY SURVEY.
#
RADIUS
15709.58'
ARC
DELTA
I BEARING
CHORD
DIRECTION
CI
498.26'
05000'00"
S 33°06'17" W
498.10'
CW
C2
5704.58'
75.36'
0004525"
S 3505859" W
75.36'
CW
C3
250.00'
256.70'
58°49'54"
N 86024'41 "E
245.57'
CW
C4
1750.00'
331.84'
10°51'52"
S69036'18"E
331.34'
C -CW
C3
475.00'
503.39'
60043'15"
S 6105042 " W
480.17'
CW
C4
1 525.00' 1
450.87
49°1221 " I
S 67036'09" W
1 437.14'
C -CW
N 54°2343" W - 5.00'
CI
9437'
FIGURE 5' - 1 1073 Redbud Road
GreyWolfe, Inc. SKETCH SHOWING Winchester, VA 22603
Land Surveying and Consulting ZONING BOUNDARY GreyWo/felnc@aoi.com
OF OPEN AREA 540-667-2001 OFC
540-545-4001 FAX
McCANN OFFICE PARK DATE: AUGUST 3, 2015 1 SCALE: 1 "= 30-77T—FILE NO: 0388
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#
RADIUS
ARC DELTA
BEARING
CHORD
DIRECTION
CI
5709.58'
1098.18' 11001'13'
S 41-52'17' W
1096.49
CW
C2
3700.00'
1378.00' 21-2020"
N 32°2952" W
1370.05'
C -CW
300' 0' 300'
GRAPHIC SCALE
FIGURE 6 1073 Redbud Road
is GreyWolfe, Inc. SKETCH SHOWING Winchester, VA 22603
cid Land Surveying and Consulting ZONING BOUNDARY GreyWoifelnc@aol.com
ww OF B-2 & OM 540-667-2001 OFC
540-545-4001 FAX
McCANN OFFICE PARK I DATE: AUGUST 3, 2015 SCALE: 1 " = 300' FILE NO: 0388
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