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43C32_SnowdenBridgeStationAction: PLANNING COMMISSION: June 15, 2016 BOARD OF SUPERVISORS: July 27, 2016 AMENDMENT - Recommended Approval - 91 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-16 SNOWDEN BRIDGE STATION WHEREAS, Rezoning #04-16 of Snowden Bridge Station, submitted by GreyWolfe, Inc., to rezone 11.340 acres from the M1 (Light Industrial) Zoning District to the B2 (General Business) Zoning District, and 2.629 acres from the M1 (Light Industrial) Zoning District to the B3 (Industrial Transition) Zoning District with Proffers final revision date of May 17, 2016 was considered. The Properties are located on the southeastern side of Martinsburg Pike (Route 11) and the southern side of Snowden Bridge Boulevard. The Properties are further identified by PIN(s) 43C -3-2,43C-3-3, 43C-3-4, 43C -3-4A, 43 -A -150,43-A- 15 1 A 3 -A -150,43 -A - 151A and 43 -A -151B in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 15, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 27, 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 11.340 acres from the Ml (Light Industrial) Zoning District to the B2 (General Business) Zoning District, and 2.629 acres from the M 1 (Light Industrial) Zoning District to the B3 (Industrial Transition) Zoning District with Proffers final revision date of May 17, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes #25-16 c-� This ordinance shall be in effect on the date of adoption. Passed this 27th day of July, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Robert A. Hess Absent Gene E. Fisher Aye Blaine P. Dunn Aye PDRes #25-16 BOS Res. #007-16 Gary A. Lofton Aye Robert W. Wells Aye Judith McCann -Slaughter Aye A COPY ATTEST L '/ --- W -M A4;— renda G. Garto Frederick County Administrator V1KliINIA; Ef 1CK Cs produced to me on This imttrument of writing was a // at , r 3" �9 � and with certificate ac'.no,,s 0 ement thereto annexes Was admiRed to fecord. Tax imposed by Sec. 58.1-802 of sok—, and -,1-801 have been paid, if assessabif Clerk -2 - This ordinance shall be in effect on the date of adoption. Passed this 27th day of July, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Robert A. Hess Absent Gene E. Fisher Aye Blaine P. Dunn Aye PDRes #25-16 BOS Res. #007-16 Gary A. Lofton Aye Robert W. Wells Aye Judith McCann -Slaughter Aye A COPY ATTEST L '/ --- W -M A4;— renda G. Garto Frederick County Administrator V1KliINIA; Ef 1CK Cs produced to me on This imttrument of writing was a // at , r 3" �9 � and with certificate ac'.no,,s 0 ement thereto annexes Was admiRed to fecord. Tax imposed by Sec. 58.1-802 of sok—, and -,1-801 have been paid, if assessabif Clerk 1-00007410 Rezoning: Property: Record Owners: Project Name: Proffer Statement for Snowden Bridge Station RZ # -16 Area: 13.969 acres Tax Parcels 43C-(3)-2,3,4, & 4A and 43 -(A) -150,151A, & 151B J -ev-0 OWI ti Original Date of Proffers: Revisions: Magisterial District: K & J Investments, LC & North Stephenson, Inc. Snowden Bridge Station March 22, 2016 May 17, 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 #_-16 for rezoning of 13.969 -acres from the M- I District to Business (B-2) (11.340 acres), and to Industrial Transition (B-3) (2.629 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 North Stephenson, Inc. from Harold F. & Lola C. Johnson by Deed per instrument 890000744, and from Anna H. & Willie McLaurin, Jr., by Deed per instrument 880009530. Also, the lands conveyed to K & J Investments, LC from Douglas K. Ways by Deed per instrument 960006532, from North Stephenson, Inc., by Deed per instrument 050009792, and from the Estate of Nellie Atkerson Horner Omps by Deed per instrument 930010124, as recorded in the Frederick County Circuit Court Clerk's Office. A Generalized Development Plan (GDP) dated May 17, 2016, by GreyWolfe, Inc., is attached to and made part of this proffer document. Proffers: 1. Transportation — Vehicle Trips per Day shall not exceed the current by -right trips of 6,303 WAADT. To be determined at Site Plan submission utilizing the current ITE Trip Generation Manual. a. The owners hereby proffer to construct one "right in only" entrance on Snowden Bridge Blvd as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. b. The owners hereby proffer to construct one "right-in/right-out only" entrance and one "right -in only" entrance onto Martinsburg Pike as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. c. The owners hereby proffer a private road to be known as Ezra Lane within their property as shown on the GDP. This will serve as the internal road system for the development. Furthermore, neighboring parcels identified as the 43C-(5)-15, 43C-(5)-16, 43C-(5)-17, 43C -(6)-A, and the Electric Substation site currently owned by Rappahannock Electric Coop will be also be granted an access easement over Ezra Lane should Route 661, Redbud Road, be closed. Easements shall be granted when requested by the County Of Frederick. This takes the place of the related proffer l .g in rezoning #03-05 that calls for the road to be dedicated to the County as a public road. d. The parcel to the south, Tax Parcel 43C-(3)-5 shall be granted an inter -parcel connection. Location to be determined at site plan approval. e. The owners hereby proffer an additional 10' strip of land along Route 11 as shown on the GDP for right of way improvements. 2. Corridor Enhancement along Route 11 — Martinsburg Pike a. The owners hereby proffer to construct split -rail fence with a 36" hedge within the front building setback. b. The owners hereby proffer the parking setback along Route 11 shall be coincidence with the front building setback per the Frederick County Zoning Ordinance. c. The owner hereby proffers only one freestanding monument style tenant sign along the frontage of Martinsburg Pike. No additional freestanding signage will be allowed along Martinsburg Pike. 2 3. 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 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: R i i4_hSte�phenshn,lnc��. Date John E. Omps, President State of City/County of To Wit: The foregoing instrument was acknowledged before me this A day of, 20 I�p �1 14 sha� 0 �)� W� Owner ary Public q 105/ My Commission ExpiresJW& 3 a Od Registration Number K & J Investments, LC Date Keven V. Omps, Manager . v) r; , _ State of City/County of f_fmkn(k) To Wit: The foregoing instrument was acknowledged before me this �1_ day of , 204 S/Amos rwd Owner N tary Public / (O 1q1 95 My Commission Expires ftrcb 3 261e Registration Number 4 -T i _ 0 _ A nni m ti p DATE REVISION - GENERALIZED DEVELOPMENT PLAN for COMMERCIAL REZONING at SNOWDEN BRIDGE STATION Stonewall Magisterial District, Frederick County, Virginia OA79 3901?19 N30MONS =reyWolfe, lilli. Inc. Land Surveying and Consulting 1073 Redb,d Road to " 22603 (540) 6- 11101 OFC (540) 545-4001 FAX H O ` A mm � T .q TCT n -T i _ 0 z 0 oW—'M1 v n s z nni m ti p DATE REVISION - GENERALIZED DEVELOPMENT PLAN for COMMERCIAL REZONING at SNOWDEN BRIDGE STATION Stonewall Magisterial District, Frederick County, Virginia .�I. =reyWolfe, lilli. Inc. Land Surveying and Consulting 1073 Redb,d Road to " 22603 (540) 6- 11101 OFC (540) 545-4001 FAX -T ti aA�mc°n s mo o° O n ° In n �• - O n 1 I1ATE REVISION GENERALIZED DEVELOPMENT PLAN for COMMERCIAL REZONING at SNO WIDEN BRIDGE STATION Stonewall Magisterial Distract, Frederick County, Virginia f�+., Greyl�/oife, Inc. �C Land CSurveying and Consulting Winchester, M 22603 (540) 66]--200) OFC c.eywotr mecaa°re°m (540) 545-"1001 FAX Ao _ N60°50'18"E 100.00' 100.00' 100.24' N60°4839"E N60°4840"E C-2 m 99.90' 150.73' b b rn n o s, N 60°51'14" E - 300.57' _ ti N A N � � n SZ'ZOZ 1 o a v 0 � 3 „9£,05°LGN v; � � y z = o e o L - - \ m M „L0,60° TG 5 0 9G 16Z s w 60°4953" W- 390.26' C-1 \S a m ti A, ti aA�mc°n s mo o° O n ° In n �• - O n 1 I1ATE REVISION GENERALIZED DEVELOPMENT PLAN for COMMERCIAL REZONING at SNO WIDEN BRIDGE STATION Stonewall Magisterial Distract, Frederick County, Virginia f�+., Greyl�/oife, Inc. �C Land CSurveying and Consulting Winchester, M 22603 (540) 66]--200) OFC c.eywotr mecaa°re°m (540) 545-"1001 FAX