52AB_WWW_LCProfferRevisionAMENDMENT
Action:
PLANNING COMMISSION: August 17, 2016 - Recommended Approval
BOARD OF SUPERVISORS: October 12, 2016 IN APPROVED ❑ DENIED -�
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AN ORDINANCE AMENDING CIO
THE ZONING DISTRICT MAP
REZONING #08-16 WWW, LC
WHEREAS, Rezoning #08-16 of WWW, LC submitted by Greenway Engineering, Inc., to revise
proffers associated with Rezoning #03-03. Specifically this action delays the implementation of Petticoat
Gap Lane and the extension of Retail Boulevard, was considered. The proffer revision proffer statement
dated April 2, 2015 with a final revision date of October 3, 2016. The Property is located at the northwest
quadrant of Northwestern Pike (US Rt. 50 West) and Retail Boulevard intersection, the Property is further
identified with PIN 52 -A -B in the Gainesboro Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on August 17, 2016 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 12, 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
modifying proffers related to the final portions of the proffered collector roadway.
PDRes #36-16
-2- c'
N
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of October, 2016 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye
Robert A. Iless Aye Robert W. Wells Aye
Gene B. Fisher Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
Brenda G. Garton
Frederick County Administrator
vtmANIA- iF ERICK('f31NTY SCI,
hips instrnmont of writing was pt"cam it) t ft
atJ
anc with ccrl.iic s, =:r��` '' _'dement therein antlexod
was adn'lac":' by Sec. M.1•802 of
and 58.1-801 have been paid, if assemable.
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PDRes #36-16
BOS Res. #025-16
1600i01t010
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016, Revised October 3, 2016
WWW, LC - PROFFER STATEMENT
REZONING: RZ# 08-16 Conditional Zoning Amendment
Business General (132) with Proffers N
to Business General (132) with Revised Proffers
PROPERTY: Tax Parcel 52 -A -B; 28.17+/- acres (here -in after the "Property")
RECORD OWNER: Winchester Warehousing, Inc. & Silver Lake, LLC
APPLICANT: Winchester Warehousing, Inc. & Silver Lake, LLC (here -in after
"Owner")
PROJECT NAME: WWW, LC
ORIGINAL DATE
OF PROFFERS: April 2, 2015
REVISION DATE: October 3, 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 Owner hereby proffers that in the event the Board of Supervisors
of Frederick County, Virginia, shall approve conditional zoning amendments pertaining
to Rezoning Application #08-16 for the 28.17± -acres Property from the B2, Business
General District with approved proffers to the B2, Business General District with revised
proffers, development of the 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 Owner 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 have no effect whatsoever. These proffers shall be binding upon the
Owner and any legal successors, heirs, or assigns.
The Property, identified as WWW, LC is more particularly identified as "Residue
Winchester Warehousing, Inc., and Silver Lake, LLC, P/O Tax Map Parcel 52 -A -B" on
the Final Subdivision Plat of the Property of Winchester Warehousing, Inc. and Silver
Lake , LLC, June 5, 2004, by Gilbert W. Clifford & Associates, recorded as Instrument
Number 040017251.
File #4928S/EAW
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016; Revised October 3, 2016
WWW, LC - PROFFER STATEMENT
A. Master Development Plan +
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The development of the Property shall be consistent with Master Development Plan tv
407-04 approved by Frederick County on June 30, 2004, except for the narrative -
pertaining to Petticoat Gap Phasing. The requirements for Petticoat Gap Lane are
specified within the Street Improvements Section of this Proffer Statement.
B. Street Improvements
The Owner shall design and construct all roads adjoining the subject property
consistent with the County's adopted Round Hill Land Use Plan for the area as
provided in these proffers and as illustrated on Master Development Plan 407-04.
Petticoat Gap Lane and Retail Boulevard are identified on Master
Development #07-04 as 80' right-of-ways. The Owner shall prepare and
submit a right-of-way dedication plat for Petticoat Gap Lane and the
undeveloped portion of Retail Boulevard to the County within 180 days of
Conditional Zoning Amendment approval by the Frederick County Board of
Supervisors and prior to any development activity on the Property.
2. The Owner shall limit development on the Property to 50,000 square feet of
structural area before construction of the undeveloped portion of Retail
Boulevard and Petticoat Gap Lane.
3. The Owner shall prepare a Public Improvement Plan for the undeveloped
portion of Retail Boulevard along the eastern boundary of the Property and for
Petticoat Gap Lane throughout the limits of the dedicated right-of-way area
identified in Section B 1 of the Proffer Statement. The Public Improvement
Plan shall be prepared and submitted for review by VDOT and the County
concurrent with the first Site Plan which exceeds 50,000 square feet of
structural area on the Property. The undeveloped portion of Retail Boulevard
shall be designed consistent with the constructed section and Petticoat Gap
Lane shall be designed as a two-lane street section with a center left turn lane
sufficient to provide for left turn movements at Retail Boulevard and the
intersection immediately east of Wal-Mart (Tax Map Parcel 52 -A -D).
4. The Owner shall have the option of constructing or bonding the undeveloped
portion of Retail Boulevard and Petticoat Gap Lane sections consistent with
the approved Public Improvement Plan. The Owner shall provide the County
with bonding for construction prior to the issuance of a Certificate of
File #4928S/EAW 2
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20,2015; Revised February 8, 2016
Revised September 27, 2016; Revised October 3, 2016
Occupancy Permit for the Site Plan which exceeds 50,000 square feet of
structural area on the Property. Construction of the undeveloped portion of
Retail Boulevard shall occur on or before the completion of the Phase 2
Lutheran Boulevard Transportation Program identified in the approved Proffer
Statement for RZ #01-09.
5. The Owner shall complete improvements to the constructed portion of Retail
Boulevard consistent with the Retail Boulevard Punch List Items identified in
the September 21, 2016 correspondence from the Virginia Department of
Transportation (VDOT). Completion of the Retail Boulevard Punch List
Items shall occur within 180 days of Conditional Zoning Amendment
approval by the Frederick County Board of Supervisors and prior to any
development activity on the Property. Completion of the Retail Boulevard
Punch List Items identified in the September 21, 2016 correspondence from
VDOT shall fulfill the Owner's requirement for the constructed portion of
Retail Boulevard.
6. The combined trip generation (ADT) for the parcels identified in Master
Development Plan #07-04 shall not exceed 15,000 TPD (average weekday
volume) without further approval by the County. The trip generation from the
project may be measured by the Owner from data collected from actual traffic
counts and from ITE generation counts. The combined traffic impact from the
overall site identified in Master Development Plan #07-04 is not to exceed
15,000 TPD (average weekday volume) when actual counts and ITE
generation counts are added for cumulative total. If the total for any site
causes the cumulative total for the overall site identified in Master
Development Plan #07-04 to exceed 15,000 TPD, then it is agreed that the
applicant shall not file additional site plan applications until the County is
satisfied that adequate and manageable levels of service will exist on state or
internal site roadways. The applicant shall perform an updated TIA of the
project intersections on U.S. Route 50 and of the Route 50/Route 37
interchange when traffic generation from the site identified in Master
Development Plan #07-04 reaches 15,000 TPD (average weekday volume).
The County may revise this 15,000 TPD limit upward, without modification
of this proffer agreement, should results of the TIA show that additional
loading is appropriate.
C. Property Design Features
Development of the Property shall include the following landscape design features
identified on Master Development Plan #07-04 approved by Frederick County on
June 30, 2004.
File #4928S/EAW 3
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016; Revised October 3, 2016
1. A fifty foot (50') landscaped green strip along the U.S. Route 50 West frontage of
the Property including an 8' hiker/biker trail. Internal parking, travel ways and
commercial structures shall be setback a minimum of 50' from U.S. Route 50
West. The landscaped green strip and hiker/biker trail shall be developed in
conjunction with approved Site Plans that front along U.S. Route 50 West.
2. Individual sites developed on the Property shall be designed with inter -parcel
connections where practical based on topographic constraints of the Property.
3. Metal exteriors shall be prohibited for all buildings constructed on the Property.
4. The Owner shall establish a Property Owners Association for the Property that
will be governed by a Board of Directors that will be responsible for review of all
plans of development to ensure conformity to all requirements identified in
Master Development Plan #07-04 and all requirements associated with private
deed and covenant restrictions.
OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES
File #4928S/EAW 4
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016; Revised October 3, 2016
Owner Signature
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Owner. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the cam,
conditions, the proffered conditions shall apply to the land rezoned in addition to 0
other requirements set forth in the Frederick County Code. —
ry
Respectfully Submitted:
Winchester Warehousing, Inc. Date
PQ�5 You
Commonwealth of Virginia,
City/Cev*ty of - iC/) To Wit:
The foregoing instrument was acknowledged before me this day of
2011, by A .4
N ry Public
-1
My Commission Expires /(-t-�k
CINDY GROVE
NOTARY PUBLIC
Commonwealth of Virginia
Reg.#184054
File #4928S/EAW
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016; Revised October 3, 2016
Owner Sianatur e
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the 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 '�Q
other requirements set forth in the Frederick County Code. Z�t
Respectfully Submitted:
By: -
,� Silver La e, LLC Date
Commonwealth of Virginia,
City/Go y of )/-, _ To Wit:
The foregoing instrument was acknowledged before me this day of
20 /(_1 by
6 A'--ttk-
0 Notary Public
My Commission Expires
CINDY GROVE
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #184054
File #4928S/EAW
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