43C35_SnowdenBridgeStationAction:
PLANNING COMMISSION:
BOARD OF SUPERVISORS
AMENDMENT
December 7, 2016 - Recommended Approval
January 11, 2017 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #12-16 SNOWDEN BRIDGE STATION
WHEREAS, Rezoning #12-16 of Snowden Bridge Station, submitted by GreyWolfe, Inc., to revise the
proffers associated with Rezoning #03-05 for North Stephenson, Inc. for 59.2 acres of land, with a final
revision date of August 19, 2016 was considered. This minor proffer amendment seeks to amend a
transportation proffer that previously dedicated public right-of-way for the construction of a public roadway
for the realignment of Redbud Road. This proffer amendment seeks to make the dedication a private
access easement. The Properties are located on the eastern side of Martinsburg Pike (Route 11), western
side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard in the
Stonewall Magisterial District and are identified with Property Identification Numbers 43C-3-5, 43C -3-7A,
43-A-151 and 43-A-152; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 7, 2016
and recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 11, 2017;
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
revise the proffers associated with Rezoning #03-05 for North Stephenson, Inc. for 59.2 acres of land.
This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public
right-of-way for the construction of a public roadway for the realignment of Redbud Road; this proffer
amendment seeks to make the dedication a private access easement, with a final revision date of August
19, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are
attached.
PDRes #02-17
C)
C. D
CA,
J
This ordinance shall be in effect on the date of adoption.
Passed this 11 th day of January, 2017 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye
Bill M. Ewing Aye
Gene E. Fisher Absent
Blaine P. Dunn Aye
PDRes #02-17
BOS Res #050-17
Gary A. Lofton Aye
Robert W. Wells Aye
Judith McCann -Slaughter Aye
A COPY ATTEST
Brenda G. Garton
Frederick County Administrator
VIRGINIA: FI,=,DERICK COUNTY.SGt .
This instrument of writing was produced to me oi,
-15"-17 at '1 I2 am
and with certificate acknowledgement thereto anncxe.L
was admitted to record. Tax imposed by Sec. 58.1-802 of
$ , and 58.1-501 have been paid, if assessabit
Clerk
1"7000.625
Amended Proffer Statement of RZ 903-05
C7)
Rezoning: RZ # 12-16 CD
C3
Property: Area: 59.223 acres
Tax Parcels 43C-(3)-5, 43C -(3)-7A, 43-(A)-151, and 43-(A)-152
Record Owners: K & J Investments, LC & North Stephenson, Inc.
Project Name: Snowden Bridge Station
Original Date of Proffers:
Revisions:
Magisterial District:
June 23, 2016
August 19, 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 59.223 -acres of Light Industrial M-1 District
identified as tax parcels 43C-(3)-5, 43C -(3)-7A, 43-(A)-151 and 43-(A)-152,
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. These proffers shall
supersede any/all proffers previously approved for the properties. 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. by Deed per DB 688, PG 832 and DB 701, PG 9; and to K & J
Investments, LC per instrument, as recorded in the Frederick County Circuit Court
Clerk's Office.
--_,
Proffers: c�)
1. Transportation C-)
C)
a. Proffer completed.
b. Proffer completed.
c. Proffer completed.
d. Proffer completed.
e. Proffer no longer applicable as Snowden Bridge Boulevard is under
construction.
f. The owners hereby proffer to dedicate right-of-way to VDOT along Redbud
Road for future improvements to the interstate 81 exit 317 interchange area.
This right-of-way shall be dedicated to VDOT within 180 days of final
engineering plan approval and request by Frederick County. The preparation
of right-of-way dedication plats and legal documents associated with this
dedication shall be prepared by parties other than the owners.
g. The owners hereby proffer to dedicate a 50 -foot access easement to tax
parcels 43C-(5)-15, 43C-(5)-16, 43C-(5)-17, 43C -(6)-A, and the Electric
substation site currently owned by Rappahannock Electric Coop. This
easement will be the private internal road known as Ezra Lane. This will occur
when these parcels no longer have access to a Route 661 due to future closure.
h. The owners hereby proffer to prohibit commercial entrances along the western
property line on tax parcel 43-(A)-152 adjoining the Redbud Road (Route
661) right-of-way. This proffer is intended to prohibit commercial entrance
locations on the current alignment of Redbud Road and is not intended to
prohibit commercial entrances internally to the subject site should Redbud
Road be realigned through the subject site resulting from the widening of
interstate 81.
2. Structural Development
The owners hereby proffer to limit the structural development on the 59.223 -
acres to a maximum of 600,000 square -feet of total floor area.
3. Environmental Protection
The owners hereby proffer to provide for the delineation of karst features
located on the 59.223 -acre site as a condition of the master development plan
approval. The owners' further proffer to conduct geotechnical analysis for
each site plan in which structural development or other site improvements are
located within 50 feet of identified karst features. The geotechnical analysis
PA
G%
C�
CJ
reports and methods for treatment of impacts shall be provided to the
Frederick County engineer for review and approval as a condition of site
development plan approval.
4. Viewshed Mitigation
The owners hereby proffer to prohibit the placement of freestanding and
building mounted illuminated and non -illuminated business signs facing the
eastern property line of Tax Map parcel 43-(A)-152 to mitigate viewshed
impacts from the 3rd Winchester Core Battlefield Area.
5. Fire & Rescue Monetary Contributions
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.
6. Martinsburg Pike Corridor Enhancement
The owners hereby proffer to provide corridor enhancements along
Martinsburg Pike. The location and type of enhancements for this corridor
will be identified on the master development plan for the 59.223 -acre project
site.
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:
A
By.1j, U JA �
N h Stephenson In Date
.
John E. Omps, President
--
State of
City/County of Vyie ox i AL To Wit:
sfi
The foregoing instrument was acknowledged before me this day of
1-t� , 201
Owner
Registration Number
K & J Investments, LC
Keven V. Omps, Manager
State of V V
City/County of
Notary Public
My Commission Expires_- �. 1k, Z) 2-0
Wit:
Date
s 1- �-
The foregoing instrument was acknowledged before me this day of�+'� , 20
��n )--ovS �-e&I
Owner Notary Public
"� k'o �-�Iby
Registration Number
My Commission Expires a,� • Zo W
M