44A75B_84LumberAction:
PLANNING COMMISSION: March 2, 2016
BOARD OF SUPERVISORS: April 13, 2016
AMENDMENT
- Recommended Approval
Pq APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #01-16 84 LUMBER
Cn
C
WHEREAS, Rezoning #01-16 of 84 Lumber, submitted by Pierce Hardy Limited Partnership, to rezone
10 acres from the B3 (Industrial Transition) District with Proffers to the M1 (Light Industrial) District with
Proffers, final revision date of January 18, 2016 was considered. The property is located at 240 Yardmaster
Court, at the end of the unsignalized intersection of Yardmaster Court and Martinsburg Pike (Route 11
North). The property is further identified with PIN 44 -A -75B in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on March 2, 2016 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 13, 2016;
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 10 acres from the B3 (Industrial Transition) District to the M1 (Light Industrial) District with
proffers, final revision date January 18, 2016. The conditions voluntarily proffered in writing by the
Applicant and the Property Owner is attached.
PDRes #07-16
-2 -
This ordinance shall be in effect on the date of adoption.
Passed this 13th day of April, 2016 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye
Robert A. Hess Aye
Gene E. Fisher Aye
Blaine P. Dunn Aye
PDRes #07-16
BOS Res. #063-16
Gary A. Lofton Aye
Robert W. Wells Aye
Judith McCann -Slaughter Aye
A COPY ATTEST
renda G. Gar on
Frederick County Administrator
VIRG MA: FPzDMCK COUNTY.SCT:
This instrument of writing was produced to me on
'-}�ZS-��_at_ :Z3 f ,
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
$ , and 58.1-801 have been paid, if assessable
Clerk
UG4 44
PROFFER STATEMENT
REZONING: RZ # 1-16
Industrial Transition District (B3) with Proffers to Light Industrial
District (M1) with Proffers
PROPERTY: 10.00 acres +/-;
Tax Parcel # 44 -(A) -75B
RECORD OWNER: Pierce Hardy Limited Partnership
APPLICANT: Pierce Hardy Limited Partnership ("Applicant")
PROJECT NAME: 84 Lumber Truss Plant
ORIGINAL DATE
OF PROFFERS: January 18, 2016
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 #1-16
for the rezoning of 10.00-+ acres from the Industrial Transition (B3) District with Proffers
to the Light Industrial (Ml) District with Proffers, 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 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 will have no effect
whatsoever. These proffers shall be binding upon this Applicant and their legal
successors, heirs, or assigns. Approval of this proffer statement does not eliminate
previously approved proffers associated 44- (A) -75C, 44 -(A) -75D, 44 -(A) -75E and 44-
(A) -75F; which were approved under the conditions set forth in RZ #02-05 approved
by the Frederick County Board of Supervisors on April 13, 2005. However, these proffers
will alter the previously approved proffer for current Tax Map Parcels 44 -(A) -75B. The
previous proffer will remain in force for the Property, to the extent that prior proffer is not
inconsistent with the current proposed proffer.
The subject property, more particularly described as the lands owned by Pierce Hardy
Limited Partnership, being all of Tax Map Parcel 44 -(A) -75B and further described by
Boundary Survey Plat prepared by Michael S. Roberts, dated March 27, 2007 (see
attached Boundary Survey Plat).
Page 1 of 4
c�
A.) Generalized Development Plan
.x—
The Owner hereby Proffers to re -develop the ten (10.0 ± acre property Y in substantial
conformance with the attached site plan for an 84 Lumber Truss Plant 10 f Acre
property, dated January 28, 2016.
B.) Vehicle Per Dgy (VPD) and Land Use Restrictions
1.) Conditional Rezoning Application #1-16: Trip generation for the existing and
proposed land uses were determined based upon the 8th Edition of the Institute of
Transportation Engineers' ("ITE") Trip Generation Report. Accordingly, ITE Land
Use Code 812 (Building and Lumber Store) was used to calculate the trips
associated with the by- right 84 Lumber and ITE Land Use Code 140 was used to
calculate the trips associated with the proposed truss manufacturing plant. The
Applicant hereby proffers to restrict development of the 10.0 f acre property to an
amount not to exceed a maximum of 1393 VPD.
2.) The Owner hereby proffers to prohibit the following M-1 District land uses within
10.0 ± acre property:
■ Local and suburban transit and interurban highway passenger
transportation.
■ Business associations; membership organizations; and labor unions
■ Motor freight transportation, excluding warehousing and storage
■ Transportation by air
■ Transportation services
■ Truck stops
C.) Transportation
1.) Access to Martinsburg Pike (US Route 11)
Direct access to Martinsburg Pike (US Route 11) is provided through a single shared
commercial entrance to provide ingress and egress for the 10. 0± acre property and
all parcels previously subdivided from tax parcel 44-A-75. All other access will be
prohibited. This shared commercial entrance has been constructed to align with
the existing commercial entrance to the APAC site located on the opposite side of
Martinsburg Pike.
2.) Right -turn deceleration lane on Route 11:
Reference is made to Proffer C2 in 2005 proffers on this property. The installation is complete.
Page 2 of 4
3.) Signalization
C)
Reference is made to Proffer C4 in 2005 proffers on this property. Owner
acknowledges that it will bear a pro rata share of the cost of signalization,
should a signal ever be needed.
D.) North Buffer
The Owner hereby proffers to maintain the six foot high earthen berm
as the opaque element within the one -hundred foot wide Category "C"
full screen adjacent to tax parcels 44 -(A) -76.x'., 44 -(A) 75A, and 44-
(A)-77.
E.) Monetary Contribution to Offset Impact of Development
The undersigned owner of the above-described property hereby
voluntarily proffers that in the event rezoning application #1-16 is
approved, the undersigned will pay to the Treasurer of Frederick County,
Virginia the following amount:
$ .015/ building square foot, based upon any additional square footage added for
the redeveloped site.
This payment is intended to offset the additional cost to Frederick
County, and more specifically Frederick County Fire and Rescue, due
to an increased demand on public services. The proffer increments will
be paid prior to issuance of the building occupancy permits.
F.) Signatures
The conditions proffered above shall be binding upon the 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.
Page 3 of 4
Respectfully Submitted:
WITNESS:
JG/�,C�f�.G
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGMN
Cheri Bomar — Asst. Vice
President
Pierce Hardy Limited
Partnership
: SS
On this, the 10th day of March, 2016, before me, Bethany Cypher, the undersigned
officer, personally appeared Cheri Bomar, who acknowledged herself to be the Assistant
Vice President of Pierce Hardy Limited Partnership, a Pennsylvania Limited Partnership,
and that she, as such Assistant Vice President, being authorized to do so, executed
the foregoing instrument for the purposes therein contained by signing the name of
the limited partnership by herself as Assistant Vice President.
In witness whereof, I hereunto set my hand and official seal.
COMVPNEAL OF PENNSYLVANIA
NOTARIAL SEAL
BETHANY L CYPHER
Notary Public
NORTH STRABANE TWP., WASHINGTON CNTY
My Commission Expires Apr 14, 2017 ,
Page 4 of 4
SITE INFORMATION
ZONING. 13-3 - INDUSTRIAL TRANSITION DISTRICT
PARCEL ID. 44-A-758
LOT SIZE., 10.02 ACRES
APPROVED BY THE FREDERICK COUNTY ZONING ADMINISTRATOR
APPROVAL DATE
(ZONING ADMINISTRATOR)
SITE PLAN VALID FOR FIVE (5) YEARS FROM APPROVAL DATE.
TRJSS PLANT c
YARDMASTER
FREDERICK C
STONEWALL MA GISTL
WINCHESTER,
84 L UMBER C
1019 ROUT.
EIGHTY FO UR,
(724) 228-
GENERAL INr JRMATION
PROJECT OWNER/
PIERCE ,HARDY UMfTED PARTNERSHIP (PHLP)
DEVELOPER:
1019 RTE 519
EIGHTY FOUR. PA 15330
P 724-228-3636 F 724-228-2630
CONTACT.2AUNICK x13BO
PROJECT TENANT:
B4 LUMBER
1019 RTE 519
EIGHTY FOUR. PA 15330
P 724-2-28-3636F724-228-2830
CO.TMT: JIM 2AUNICK xT380
PROTECT ADDRESS:
240 YAR ASTER COURT
FREDERICK COUNTY. VIRGINIA
DESIGN
AVBEL ENGINEERING
PROFESSIONAL
1019 RTE PA
EIGHTY FOUR, 15330
P 724-705-1400
CONTACT: VERNON E SMITH
SITE INFORMATION
ZONING. 13-3 - INDUSTRIAL TRANSITION DISTRICT
PARCEL ID. 44-A-758
LOT SIZE., 10.02 ACRES
APPROVED BY THE FREDERICK COUNTY ZONING ADMINISTRATOR
APPROVAL DATE
(ZONING ADMINISTRATOR)
SITE PLAN VALID FOR FIVE (5) YEARS FROM APPROVAL DATE.
TRJSS PLANT c
YARDMASTER
FREDERICK C
STONEWALL MA GISTL
WINCHESTER,
84 L UMBER C
1019 ROUT.
EIGHTY FO UR,
(724) 228-
/ iB
'T CONVERSION
5TER COURT
WK COUNTY
7ISTERIAL DISTRICT
"ER, VIRGINIA
ER COMPANY
?0 UTE 519
UR, PA 15330
228-3636
LOCATION MAP
SHEET A00 COVER SHEET
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SHEET C01 SITE/UTILITY PLAN
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/ (2) 2' CONDUITS
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INSTALL IN SAME
TRENCH AS NEW
/ ELECTRIC SERVICE
NEW ELECTRIC SERVICE
/
/
7 —EXISTING SIGN
'NEW1WATER }' FORGE MAIN
ENCLOSE 8.000 SF OF BUILDING 5
FOR NEW SAW OPERATIONS AND
CONSTRUCT 1.080 SF CARDPY
,w•
NEW ELECTRIC SEIMCE
WaOD Pswa
4
---------------
Now a F~y
%Adana Andcpmert envµµ Mc
iutd 1--& Na. t N. 0 0
(See Pbt Of /natn MW Na f7/A-75 -
- Resdlle of Tax MW Ad 4hA-75
Use - Vaem1
OWNER / DEVELOPER
(n�
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SITE REVISIONS
�
REVC
ESCI
(301) 9`.r)
POWER: ALLEGHENY POWER GAS:
SCALE: 1` = 50'
P.O. BOX 1458
HAGERSTOWN, MD. 21741
50 25 0 50 100
Lir
(510) BES
I
Ley gnm"4-/y
/h-
EIGHTY FOUR, PA 153M
ost c Ate'✓/4��
3.) BLDG 5 ENCLOSE 6.00GSF OF EXISTING SHED CONVENT TO SAW SHED.
4.) RELOCATE EXISTING FENCE IN FRONT PARKING LOT AND ADD 45 ADDRIONAL PARKING SPACE`
(724)-228-3676
1019 ROUTE 519
�
I U�•pq� •F
'
jA70
Rec�,/iaJ
'NEW1WATER }' FORGE MAIN
ENCLOSE 8.000 SF OF BUILDING 5
FOR NEW SAW OPERATIONS AND
CONSTRUCT 1.080 SF CARDPY
,w•
NEW ELECTRIC SEIMCE
WaOD Pswa
4
---------------
Now a F~y
%Adana Andcpmert envµµ Mc
iutd 1--& Na. t N. 0 0
(See Pbt Of /natn MW Na f7/A-75 -
- Resdlle of Tax MW Ad 4hA-75
Use - Vaem1
OWNER / DEVELOPER
(n�
lJ 4
SITE REVISIONS
BUILDING
REVC
ESCI
(301) 9`.r)
POWER: ALLEGHENY POWER GAS:
SHENARq
r
P.O. BOX 1458
HAGERSTOWN, MD. 21741
PIERCE HARDY LIMITED PARTNERSHIP
1019 ROUTE 519
84 LUMBER
(510) BES
VIRGINIA UTILITY PROTECTION SERVICE 1-800-5517001
1.) BLDG 1 CONVERSION OF EXISTING 34,450SF TO PANEL ASSEMBLY BLDG,
EIGHTY FOUR, PA 153M
2.) RLDG 2 CONVERSION -OF EXISTING 20.D0QSF STOWE BLDG TO TRUSS ASSEMBLY.
3.) BLDG 5 ENCLOSE 6.00GSF OF EXISTING SHED CONVENT TO SAW SHED.
4.) RELOCATE EXISTING FENCE IN FRONT PARKING LOT AND ADD 45 ADDRIONAL PARKING SPACE`
(724)-228-3676
1019 ROUTE 519
8.) REPLACE ASPHALT WITH CONCRETE AS INDICATED ON PLAN
7-) NEW LIGHT FIXTURES AS SHOWN ON PLAN
I
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I
I
VICINITY MAP
N.T.S.
i
VM" FEORIi1AT10N
WATER / SEWER: FRED COUNTY SANTIATION AUTHORITY PHONE:
P.O. Box len
VERIZON
P.O. BOX
WINCHESTER. VA 22604
BALTIMORE
(540) 888-1051
(301) 9`.r)
POWER: ALLEGHENY POWER GAS:
SHENARq
r
P.O. BOX 1458
HAGERSTOWN, MD. 21741
P.O. B
WINCH
1-BGO-654-3317
(510) BES
VIRGINIA UTILITY PROTECTION SERVICE 1-800-5517001
1.) BLDG 1 CONVERSION OF EXISTING 34,450SF TO PANEL ASSEMBLY BLDG,
2.) RLDG 2 CONVERSION -OF EXISTING 20.D0QSF STOWE BLDG TO TRUSS ASSEMBLY.
3.) BLDG 5 ENCLOSE 6.00GSF OF EXISTING SHED CONVENT TO SAW SHED.
4.) RELOCATE EXISTING FENCE IN FRONT PARKING LOT AND ADD 45 ADDRIONAL PARKING SPACE`
5JN.
INSTALL NEW UTILITIES AS SHOW ON PLA
8.) REPLACE ASPHALT WITH CONCRETE AS INDICATED ON PLAN
7-) NEW LIGHT FIXTURES AS SHOWN ON PLAN
ADAMS
NOT1= 1) SITE IS LOCATED ON TAX PARCEL 44-A-758 OF THE ANS DEVELOPMENT
SUBDIVISION AS RECORDED IN JULY 2005
2) THERE ARE NO ENTRANCES WITHIN 200' OF THIS PROPERTY
3 THERE ARE NO WETLANDS ON THE PROPERTY
4 THE PROPERTY IS NOT WITHIN THE IDD -YR FLOW PLAIN
_
5 ALL EASEMENTS ARE EXISTING
8 FIRE LANE MARIUNCS AND SIGNAGE: ANY 'NO PARKING' SIGNS AND YELLOW
PAINTED CURB LOCATIONS WILL BE INSTALLED BY FIELD INSPECTION AT THE DIRECTION
OF THE FIRE MARSHALL'S OFFICE
SM RfVFUAT10N
EXIONING- B-3 - INDUSTRIAL TRANSITION DISTRICT
PRPOSED ZONING: M-1 - INDUSTRIAL
-.
PARCEL NO. 44-A-758
ACRES: 10.02
LOT Fif-0lFg FA' -i REQUIRED PROVIDED
LOT AREA N/A 10.0 AC
DEVELOPED AREA NTA l(A AC
LANDSCAPED AREA Z S NLN. 27%
LOT WIDTH: N//A 504'
FRONT YARD: 75' MIN. 35'
SIDE YARD: 25' MIN. 70'
REAR YARD: 25' MIN. 100'
-FLOOR AREA RATIO: 1.0 MAX. .19
PACE
SIZE ISO S.F. MIN. e: PROVIDED
PARKING AISLE 22' MIN. - 24' PROVIDED.I
HANDICAP SPACE 12' WIDE. MIN. - 1Z' PROVIDED
EXISTING PARKING PROVIDED- 42 SPACES
HANDICAP ACCESSIBLE SPACES PROVIDED- 3
HANDICAP SPACES REQUIRED= 1/25 REGULAR SPACES- 2
MANUFACTURING: 1.5SP/EMPLOYEE X 50 - 75 SPACES
OFFICE ISP/25OSF X 2,800 - 11 SPACES
PROPOSED ADDITIONAL PARKING: 45 SPACES
TOTAL PARKING: 87 SPACES
LOADING SPACES: 1/40.000SF REQUIRED - 3 PROVIDED
12'X45' REWIRED - IVX50' PROVIDED
TOTAL AREA S.F. /50
GROUND R AREA S.F.00-19.15
TOTAL GRWNO FIDOR AREA - 83,'[50 S.F.
LANDSCAPING NOTE ALL LANDSCAPING AND BUTTERS ARE EXISTING
STORM WATER MNGT NOTE ENTIRE DEVELOPMENT IS EXISTING IWRH
EX. POND) NO ADDITIONAL STORM WATER OR EROSION CONTROL NEEDED
TRUSS PLANT
S/TE/U7IUTY PLAN
YARDMASTER COURT
STONEWALL MACISTERUL DISTRICT
FREDERICK COUNTY, VA
JOB NO.
STORE NO. 178
SHEET NO. CO
DESIGN BY: JZ
DRAWN BY: NAD
OFFICIAL RECEIPT
FREDERICK CIRCUIT COURT
DEED RECEIPT
DATE: 04/25/16 TIME: 16:23:34 ACCOUNT: 069CLR160003544 RECEIPT: 16000007657
CASHIER: EAB
REG: WE17 TYPE: OTHER PAYMENT:
FULL PAYMENT
INSTRUMENT
160003544 BOOK: PAGE:
RECORDED: 04/25/16
AT 16:23
GRANTOR: PIERCE
HARDY LIMITED PARTNERSHIP
EX: N LOC:
CO
GRANTEE: PIERCE
HARDY LIMITED PARTNERSHIP
EX: N PCT:
100°%
AND ADDRESS :
,
RECEIVED OF :
RODERICK WILLIAMS ATTORNEY
CASH:
$21.00
DESCRIPTION 1:
ST DIST {PROFFER STATEMENT}
PAGES:
10 OP: 0
2:
NAMES:
0
CONSIDERATION:
.00 A/VAL:
.00 MAP: 44 -A -75B
PIN:
301 DEEDS
14.50 145 VSLF
1.50
106 TECHNOLOGY
TRST FND 5.00
TENDERED
AMOUNT PAID
CHANGE AMT
CLERK OF COURT: REBECCA P. HOGAN
PAYOR'S COPY
RECEIPT COPY 1 OF 2
21.00
21.00
.00