33A113_I81WestBusinessParkAMENDMENT
c.r;
Action:
PLANNING COMMISSION: March 16, 2016 - Public Hearing Held; Tabled 30 Days
April 6, 2016 - Recommended Approval
BOARD OF SUPERVISORS: April 27, 2016 - R APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02-161-81 WEST BUSINESS PARK
WHEREAS, Rezoning #02-16, of I-81 West Business Park submitted by GreyWolfe, Inc., to rezone
36.676 acres from RA (Rural Areas) District to the B2 (General Business) District, 45.453 acres from the
RA (Rural Areas) District to the B3 (Industrial Transition) District and 73.360 acres from the RA (Rural
Areas) District to the M1 (Light Industrial) District with proffers to accommodate commercial and
industrial uses, final revision dated April 27, 2016 was considered. The properties are located on the west
side of Interstate 81 between Cedar Hill Road (Rt. 67 1) and Hopewell Road (Rt. 672). The properties are
further identified with PIN(s) 33-A-113, 33-A-124 and 33 -A -114B in the Stonewall Magisterial District;
and
WHEREAS, the Planning Commission held a public hearing on this rezoning on March 16, 2016 and
tabled the application for up to 30 days to allow for revised proffers to be submitted; and
WHEREAS, the Planning Commission held a public meeting on this rezoning on April 6, 2016 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 27,220 16;
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 36.676 acres from RA (Rural Areas) District to the B2 (General Business) District, 45.453 acres
from the RA (Rural Areas) District to the B3 (Industrial Transition) District and 73.360 acres from the
PDRes# 11-16
RA (Rural Areas) District to the M1 (Light Industrial) District with proffers to accommodate
commercial and industrial uses, final revision dated April 27, 2016. The conditions voluntarily
proffered in writing by the Applicant and the Property owner is attached.
This ordinance shall be in effect on the date of adoption.
Passed this 27th day of April, 2016 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Ave Gary A. Lofton Aye
Robert A. Hess Aye Robcrt W. Wells Aye
Gene E. Fisher A
ye Judith McCann -Slaughter Ayre
Blaine P. Dunn Aye
A COPY ATTEST
/�O& #A �
renda G. Garton
Frederick County Administrator
-2-
PDRes# 11-16
BOS Res #065-16
160004055
Rezoning:
Property:
Record Owners:
Project Name:
Original Date of Proffers:
Revisions:
Magisterial District:
RZ # 02-16
Area: 155.488 acres
Tax Parcels 33-(A)-113, 33-(A)-124, 33 -(A) -114B
Blain Properties of Virginia, LLC
HMC, LP, LLP
81 -West Business Park
October 1, 2015
February 17, 2016
March 14, 2016
April 7, 2016
April 27, 2016
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 #02-16 for rezoning of 154.424 -acres from the RA District to Business (B-2)
(36.676 acres), to Industrial Transition (B-3) (45.453 acres) and Light Industrial (M-1)
(73.360 acres), development of the subject properties 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 Blain
Properties of Virginia, LLC, (an entity registered in New York) from Bradley K. Blain by
Deed per instrument #120009054 dated August 22, 2012, and to HMC, LP, LLP, by
Deed from Cline's Egg Farm LP, LLP, per instrument 01001.0026 dated July 12, 2001, as
recorded in the Frederick County Circuit Court Clerk's Office. See also plats of record at
instrument 150005321 for Tax Parcels 33-(A)-113 and 33-(A)-124.
A Generalized Development Plan (GDP) dated March 15, 2016, by GreyWolfe,
Inc., is attached to and made part of this proffer document.
Proffers:
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 6,330.
a. The owners hereby proffer to construct a road to connect Cedar Hill Road
(Route 67 1) to Hopewell Road (Route 672) as shown on the GDP within an
80' right of way. This road and any turn lanes required for the road
connections will be built to VDOT standards and dedicated to the County of
Frederick. The road shall be two lanes with shoulders and a 10' paved trail.
This will be completed prior to the issuance of any occupancy permits.
b. The owners hereby proffer to dedicate an additional 5' strip of land to the
County of Frederick along Cedar Hill Road (Route 67 1) west of Alfalfa Lane
and 35' east of Alfalfa Lane for future widening as shown on the GDP. This
dedication will occur prior to the issuance of any occupancy permits
c. The owners hereby proffer three signalization agreements with VDOT at the
intersections of Alfalfa Lane, the northbound ramps, and the southbound
ramps of Interstate 81 with Hopewell Road (Route 672). These agreements
shall be for a pro rata share of only the signal lights, when warranted by
VDOT; and not for ramps, roads, or other improvements unless proffered
herein. The monetary value of this proffer may be delivered in cash instead, to
the County of Frederick, for road improvements in the area when signals are
warranted.
d. The owners hereby proffer that no commercial entrances shall be built onto
Cedar Hill Road (Route 671) or Hopewell Road (Route 672).
e. The owners hereby proffer to dedicate 1.21 acres as shown on the GDP to the
County of Frederick. Said dedication will be within 90 days of written request
from the County of Frederick or at any time by the owners during
development.
f. The owners hereby proffer a 60' right of way to the County of Frederick for
limited access road connections aligned with interstate ramps to Alfalfa Lane
as shown on the GDP. The final alignments to be determined by others. All
road construction by others. The right of way shall be dedicated within 60
days when requested by the County of Frederick. This proffer shall be deemed
extinguished if a modification to the Frederick County Comprehensive Plan
removes these connections.
2
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. Frederick County Sanitation Authority
a. The owners hereby proffer to grant a temporary easement to the Frederick
County Sanitation Authority, as shown on sheet 2 of the attached GDP, on tax
parcel 33-(A)-39 for a ground level water tank. The easement shall begin upon
approval of the rezoning and extinguished on December 31, 2021. If the
Frederick County Sanitation Authority has started construction during that
time, then the 1.33 acre of land within the easement shall be dedicated to the
Frederick County Sanitation Authority in fee simple on December 31, 2021.
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:
Blain Properties of Virginia, LLC Date
Bradley K. Blain, manager
State of
-C-44y/County of VXY' ��'�. To Wit:
The foregoing instrument was acknowledged before me this day of NNZ�5A, , 20
Owner
Registration Number
VOIJ
Notary Public
My Commission Expires �� 1
Alison Teddi Blain
Notary Public State of New York
Qualified in Monroe County t%
Co[r,missiori Cxpires November 30, 20.
T
Date
Commonwe lth of Virginia,
Cit County f ( To Wit:
The foregoing instrument was acknowledged before me this `-l'day of 200
By Cj
Il,�l.b, V
ary Pu lic Registration Number-,,,-, O_
My Commission Expires �� 9
KELLI J. RICHARD
NOTARY PUBLIC
REGISTRATION # 7021142 3
TCOMMONWEALTH OF VIRGINI^, F
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D D GENERALIZED DEVELOPMENT PLAN ,
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BLAIN PROPERTIES OF VIRGINIA, LLC
Land Sureying and Consulting
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AND HMC LP LLP WinchesW VA 22603 (540) 6rZ-2001 OFC
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This instrument of writing was produced to me on
20PM
1 Lo at 1'33
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
t Clerk