75A1_ArtilleryBusinessCenterProfferAmendmentRESOLUTION
Action
PLANNING COMMISSION: October 21, 2015 Recommended Approval
BOARD OF SUPERVISORS: October 28, 2015 Opened Public Hearing,
Tabled to November 12, 2015
November 12, 2015 Postponed By Applicant
December 9, 2015 ® APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #09-15 ARTILLERY BUSINESS CENTER — PROFFER
AMENDMENT
WHEREAS, Rezoning #09-15 Artillery Business Center—Proffer Amendment submitted by Pennoni
Associates, to amend the proffers associated with Rezoning #07-08 relating to the timing and commitments
for transportation proffers was considered. The proffer amendment, original proffer statement dated
February 7, 2008 with a final revision dated December 8, 2015 applies to parcels 75-A-1 and 75 -A -IF
owned by Venture I of Winchester, LLC and NW Works, Inc., respectively and is located approximately
1,500 feet south of Route 37 on the east side of Shady Elm Drive (Rt. 65 1) and across from Soldier's Rest
Lane in the Back Creek District, and
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 21, 2015,
and forwarded a recommendation of approval; and -
WHEREAS, the Board of Supervisors heard the items on October 28, 2015, then opened the public
hearing and then voted to table the items and continue the public hearing on November 12, 2015
WHEREAS, the Board of Supervisors on December 9, 2015 continued the public hearing from
October 28, 2015 on this rezoning; 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 amend the proffers associated with
PDRes. #44-15
-2 -
Rezoning #07-08 relating to the timing and commitments for transportation proffers.
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of December, 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
Brenda G. Garton
Frederick County Administrator
Y d tell NIA: Fh--DElx1CK C;O U NTY.SCi .
This instrument of writing was produced to me on
I2-13-15 at 1:'�� Pel
and with certiC:;.,!,: ,:,:il�.0,%lcc',Iyement thereto annexed
was admitted to rcc-ord. 'l':a imposed by Sec. 58.1-802of
8 , and 58.1-80 t have been paid, if assessable.
mea , Clerk
PDRes. #44-15
BOS Res. #043-15
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150012436
PROFFER STATEMENT co
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REZONING: RZ. #
Light Industrial (M1) to Light Industrial (1\11)
PROPERTY: 57.6 acres +/-;
Tax Map Parcels 75 -A -1F ("Land Bay 1") and 75-A-1 ("Land Bay 2")
[collectively, the "Property"]
RECORD OWNER: NW Works, Inc. ("Land Bay 1 Owner");
Venture I of Winchester, LLC ("Land Bay 2 Owner")
APPLICANTS: NW Works, Inc. & Venture I of Winchester, LLC
PROJECT NAME: Artillery Business Center
ORIGINAL DATE
OF PROFFERS: February 7, 2008
REVISION DATE(S): September 2, 2015; September 24, 2015; October 5, 2015;
November 30, 2015; December 8, 2015
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede and replace all other proffers that may have been made prior hereto. In the event
that the above referenced M1 conditional rezoning is not granted as applied for by the applicant
("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these
proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that
rezoning which is in effect on the day following the last day upon which the Frederick County
Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the
appropriate court. If the Board's decision is contested, and the Applicant elects not to submit
development plans until such contest is resolved, the term rezoning shall include the day following
entry of a final court order affirming the decision of the Board which has not been appealed, or, if
appealed, the day following which the decision has been affirmed on appeal. The headings of the
proffers set forth below have been prepared for convenience or reference only and shall not control
or affect the meaning or be taken as an interpretation of any provision of the proffers. The term
"Land Bay 1 Owner" as referenced herein shall include within its meeting all future owners and
successors in interest for Tax Map Parcel 75 -A -IF. The term "Land Bay 2 Owner" as referenced
herein shall include within its meaning all future owners and successors in interests for Tax Map
Parcel 75-A-1. When used in these proffers, the "Generalized Development Plan," shall refer to the
plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007
revised December 8, 2015 (the "GDP").
Monetary Contribution
1.1 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$5,000.00 for fire and rescue purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP.
1 of 5
Proffer Statement Artillery Business Center =
1.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$2,500.00 for Sheriffs office purposes prior to issuance of a certificate of occupancy co
for the first building constructed on Land Bay 2, as depicted on the GDP. __J
1.3 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$2,500.00 for general government purposes prior to issuance of a certificate of
occupancy for the fust building const—acted or. Land Bay 2, as depicted on the GDP.
2. Site Development
2.1 Direct access to the Property from Shady Elm Road shall be limited to a maximum
of 2 entrances as shown on the GDP with entrance improvements subject to VDOT
review and approval. (See 1 on GDP).
2.2 Frederick County, at the time of the filing of this proffer, has entered into a Project
Administration Agreement with the Commonwealth of Virginia Department of
Transportation (VDOT), which provides for a cost share of the design and
construction costs for the East-West Collector Road from Valley Pike (Rt. 11) to
Shady Elm Road. The Land Bay 2 Owner agrees to place the sum of $633,644.00
into an escrow account within thirty business days of the approval of this
rezoning/Proffer Amendment to provide for the County match portion of the
existing Project Administration Agreement, any future Project Administration
Agreement(s), or any other agreement(s) requiring local match funds for the East-
West Collector Road.
The Land Bay 2 Owner shall enter into a County -Managed Revenue Sharing
Program Project Agreement (hereinafter the "Agreement") for the East-West
Collector Road from Valley Pike (Rte. 11) to Shady Elm Road, as is further depicted
on the attached and incorporated GDP within thirty business days of the approval of
this rezoning/Proffer Amendment. The Agreement, subsequent to execution, may
be modified to provide language acceptable to the County and the Land Bay 2
Owner provided that the location of the East-West Collector Road is consistent with
the proffered conditions. The Land Bay 2 Owner shall be responsible in the
Agreement for the local funding match for the East-West Collector Road as is
described in the above -referenced Project Administration Agreement. No building
permits shall be issued for any structures within Land Bay 2 until the Agreement is
executed.
2.3 A geotechnical analysis shall be prepared and submitted to Frederick County for any
structures prior to site plan approval.
2.4 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR).
2.5 The Land Bay 1 Owner has an agreement with the adjoining property owner of the
Carbaugh property that will allow for the acquisition of land in fee simple and
dedication of an eighty -foot right-of-way in the location depicted in the attached and
incorporated GDP from Shady Elm Road to the Railroad (Point B to Point C). The
Land Bay 1 Owner and Land Bay 2 Owner agree to make their respective portions of
the right-of-way (Point A to Point C) available at no cost to the County for the
installation of the East-West Collector Road and shall dedicate said right-of-way
within 90 days of receiving written request from the County.
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Proffer Statement Artillery Business Center
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3. Landscape Buffers, Hiker/Biker Facilities, & Additional Right of WaX co
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3.1 Within the 25 foot parking setback between on-site parking areas and the proposed
right of ways for Shady Elm Road and the East-West collector as required by � 165-
202.01D(6)(c) of the Frederick County Code, the Applicant shall construct a 10 foot
asphalt trail. In addition, the Applicant shall provide a densely planted landscape
screen as depicted by attached Exhibit A, as revised July 15, 2015, consisting of street
trees planted 50 feet on center between the proposed right of way and the asphalt
trail as well as a double row of evergreen trees with a minimum density of three
plants per 10 linear feet and a minimum height of four feet at time of planting
located between the proposed trail and any parking areas.
4. Design Standards
4.1 Any building facade fronting Shady Elm Road or the proposed East-West Collector
shall be constructed of one or a combination of the following: cast stone, stone,
brick, architectural block, glass, wood, dry Vit or stucco.
5. Historic Resources
5.1 The Land Bay 2 Owner shall complete a survey documenting any historic structures
on Land Bay 2 in general accordance with the guidelines established by the
Preliminary= Information Form from the Department of Historic Resources. Any
documentation created as part of said survey shall be provided to Frederick County
Planning Staff and shall be completed prior to demolition of any historic buildings
located on the Property.
5.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$5,000.00 for purposes associated with historic Star Fort prior to issuance of a
certificate of occupancy for the first building constructed on Land Bay 2.
SIGNATURES) APPEAR ON THE FOLLOWING PAGE(S)
3 of 5
Proffer Statement
Venture I of Winche
By:
LLC
Date: b<<r" ,;1, � 2 of, r
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
Artillery Business Center
The foregoing instrument was acknowled ed before me this -I M day of Dp6p_ tber- ,
2015, by UeYal(� Vi i , ✓. ; IuIO�YIGQPX 0 VfNIiUY� i Of VVincwskr, i -LC
My commissio expires 1 a / 3 /L9013
Notary Public kill It Pp'IK
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Proffer Statement
NW Wor
Date:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
Artillery Business Center
The foregoing instrument was acknowledged bef re; me this a day of VC-(-6$AA�K
2015, by -J 92W—J C. 40u C&cs or ifMKS,1�.r .
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ARTILLERY BUSINESS CENTER
Pennoni Associates, Inc.
0PMENT PLAN
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GENERALIZED DE�EL
117 E. Picadilly St. Winchester, Virginia 22601
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VOICE: (540) 667-2139 FAX: (540) 665-0493
FREDERICK COUNTY, VIRGINIA