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Home My WebLink About34A4_SempelesPropertyRevision_T.1 G RESOLUTION _ + Action: PLANNING COMMISSION: June 15, 2016 - Recommended Approval BOARD OF SUPERVISORS: June 22, 2016 k7 APPROVED L-7 DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-16 SEMPELES PROPERTY WHEREAS, Rezoning #06-16 Sempeles Property, submitted by Pennoni Associates, to revise the proffers associated with Rezoning #02-04 relating to the "On -Site Development' section of the proffers was considered. The proffer revision, originally proffer statement dated April 27, 2004, with a final revision dated June 2, 2016, applies only to PIN 34-A-4. The request is to amend the proffer statement for the Sempeles Property (Whitehall Commerce Center) to allow the use of concrete tilt -up walls within the M1 (Light Industrial) zoned portion ofthe property. The Applicant has also updated the proffer to remove improvements that have been previously completed. WHEREAS, the Planning Commission held a public meeting on this rezoning on June 15, 2015, and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on June 22, 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 RESOLVED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers associated with Rezoning #02-04 relating to the "On -Site Development' section of the proffers. This minor proffer revision, original proffer statement dated April 27, 2004, with a final revision dated June 22, 2016, allows the use of concrete tilt -up walls within the M1 (Light Industrial) zoned portion of the property and removes the proffers that have been previously completed. PDRes. # 18-16 -2 - This ordinance shall be in effect on the date of adoption. Passed this 22nd day of June, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Absent Robert A. Hess Aye Robert W. Wells Aye Gene E. Fisher Absent Judith McCann -Slaughter Aye Blaine P. Dunn Aye -- A COPY ATTEST Brenda G. Garton Frederick County Administrator VI R(,WA: Ffi .il)ERICY Ct UNII.'.SC1. iRMUMCRt Of writing was produced to me oij ��- - at) -'-'i Lo 12M $Ad With cert&ate acknowledgement thereto a' nnexed Wft XdMittW to roc md. Tax imposed by Sec. 58.1-802 of and 58.1- .01 have been paid, if assessable. Clerk PDRes. #18-16 /60006102 PROFFER AMENDMENT - FINAL PROFFER CD Property Identification Number 34-A-4 sem} Stonewall Magisterial District Frederick County, Virginia Sempeles Property Preliminary Matters Pursuant to Section 15.1 - 491.1 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 (the "Board'), shall approve Rezoning Application # Q(P-, to amend the proffers associated with Rezoning Application #02-04 as approved by the Board on April 27, 2004 for 100.48 acres of Light Industrial (M-1) identified by Frederick County as tax map parcel 34-A-4 (the "Property"), 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 Virginia law. These proffers shall supersede any/all proffers previously approved for the Property. Should this petition for a proffer amendment not be approved by the Board of Supervisors then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan (GDP), dated March 8, 2004, which is attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct an industrial access road including entrance improvements on U.S. Route 11 consistent with the County's adopted North East Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. The road improvements shall include the following: a. Proffer completed and/or related to other property. b. The applicant shall construct an industrial access road to VDOT standards with centerline intersection equal to the centerline intersection of Rest Church Road and U.S. Route 11. The industrial access shall connect with Woodbine Road. (See 2 on the GDP). The configuration and location of this collector road addition to the road system shall be adjusted to conform with actual proposed use of the site subject to Frederick Page 1 of 4 Revision 6/2/16 N) County and'VDOT approval at the site plan stage of development. The right of way —.s width for this road shall be 80'. C..' C. Proffer completed and/or related to other property. d. The applicant shall enter into a signalization agreement involving partial cost sharing for the Woodbine Road/Route I1 intersection. Establishment of the signalization agreement will correspond with development of the industrial (M1) portion of the site, and will therefore occur prior to approval of the first site plan for M1 development. The timing for ultimate signalization of the intersection will be determined by VDOT. C. The applicant agrees to provide a TIA for each industrial (M-1) use at the time of site plan. Additional street improvements suggested by the TIA will be negotiated with VDOT as a part of the land use permit. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design features provided in these proffers and as illustrated on the Generalized Development Plan dated March 8, 2004 which is attached hereto and incorporated herein by reference: • Proffer completed and/or related to other property. On Site Development The applicant expects the industrial zoned portion of the site to develop with a minimum of 1 and maximum of 8 end users depending on marketing conditions at the time of sale. Covenants and restrictions of record shall control the standards of construction to include: a. Fagade materials of buildings facing street to be tilt -up concrete walls, concrete masonry (CMU) brick, architectural block, dry vit or other simulated stucco, real or simulated wood or glass. b. All buildings within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. c. All buildings within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. Additional Site Proffers In addition to the proffers above, the applicant shall implement the following design standards in construction on this site. Page 2 of 4 Revision 6/2/16 G� CD a. All utilities to be underground. b. 2" caliper street trees on 50' centers along both sides of industrial access road c. Stormwater management pond facilities shall be lined with impervious liner materials to preclude groundwater impacts. d. All commercial and industrial structures shall have a geotechnical analysis and study prepared prior to site plan approval. e. Any use involving the retail or wholesale sale of diesel fuel for over the road truck carriers shall not be conducted or performed on the Property. Monetary Contribution to Offset Impact of Development Proffer completed and/or related to other property. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these 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 Revision 6/2/16 Respectfully submitted, PROPERTY OWNER By: By: G rge M. Sempeles Carol T. Sempeles Date: 6-3-16 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Date: /,- - 3 —i (o The foregoing instrument was acknowledged before me this 3 � "'cday of J i citic , 2016, by < EUR_6C C 0 RGL - ENP ,t= S My commiss.on expire Notary Public ��•��PR N L. Fj ; •kl'Py •P(/e 2 REG # 7580493 ' COMMISSIotq z Q EXPIRES 2 ' 4r %, 5/31/2018 2••....... •••'J� Fq i T %%�� Page 4 of 4 Revision 6/2/16 Ram/ �s PROPOSED ZONING AREA 0--2 Zc17irlg i:ommercioi-sifesj 9.9997 Ac B-2 Zoning (,f?/W Dedication) O 3495 Ac M-1 Zoning 101, 9189 Ac TOTAL AREA 112.2682. Ac lQpl % o i o /// 1` \ 0.5130 ACRE / /• + tEO�T'� iS &'N • W WOW OW y 1 1J f T Mtl PROFOSJ p y z w- 1701 -97,69 —t701,9788 A Zone RA - 7155 Af PROP Ai -J t r>�� fes` SUBJECT TU(I`AQQJUSTMf REQU/R`M£�J .._._I C, , M 914 Tf` 669 Nonoil LbHo�an Zoned M-1 � ' Bullar manu/oclafMg Zoned Ar -7 SEMPELE-S PROPERLY Qi gilbert w. cliffordCO &associates, inc. GENERALIZED DEliE1 aPMENT PLAN En*awe Lend panrer, water Ouany FREDERICK COUMY, Y/RG/11114 117 E Pica&d 5L Winchester, Yrginio 21601 (540) 667-1139 FN(: (540) 665-0493 DML gwcorum@cvrihgnk.com 5 of 5 .._._I C, ,