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43A99_RutherfordCrossingRevisedAction: PLANNING COMMISSION: June 7, 2017 BOARD OF SUPERVISORS: July 12, 2017 AMENDMENT Recommended Approval - X APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-17 RUTHERFORD CROSSING 0 CD ro WHEREAS, REZONING #03-17 Rutherford Crossing, submitted by Greenway Engineering, to rezone 22.16 acres from M1 (Light Industrial) District to the B2 (General Business) District with proffers and 27.07 acres of land zoned M 1 (Light Industrial) District with proffers to the M1 (Light Industrial) District with revised proffers with a final revision date of April 19, 2017 was considered. The subject property fronts on the southeast side of Market Street and the north side of Milton Ray Drive within the Rutherford Crossing Development, in the Stonewall Magisterial District and is identified by Property Identification No. 43-A-99; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 7, 2017 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 12, 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 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 rezone 22.16 acres from M I (Light Industrial) District to the B2 (General Business) District with proffers and 27.07 acres of land zoned M1 (Light Industrial) District with proffers to the M I (Light Industrial) District with revised proffers with a final revision date of April 19, 2017. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is attached. PDRes 427-17 -2 - This ordinance shall be in effect on the date of adoption. Passed this 12th day of July, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye Bill M. Ewing Aye Robert W. Wells Aye Gene E. Fisher Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST ris ie im Frederick Co tAd ' istrator VIRGINIA- FR DERICK COUNTY.S(,7-. This instrument of writing was produced to me on at ��%��✓ UVI . and with certificate acknowledgement thereto annexed was admitted to record. Ta -x imposed by Sec. 58.1-802 of $ �1 ;.,. ,1111d ;'5& 1 A) i have beenaid if p assessable. PDRes #27-17 )46 BOS Res. #004-17 �"� , Clerk -Tr c -a C� CD W 170007237 Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 RUTHERFORD CROSSING - TAX PARCEL, 43-A-99 PROFFER STATEMENT REZONING: RZ# ` 1 M-1, Light Industrial District with Proffers to B-2, Business General District and M-1, Light Industrial District with Revised Proffers PROPERTY: Tax Parcel 43-A-99; 49.23± acres (here -in after the "Property") RECORD OWNER: C. Robert Solenberger, John B. Schroth and John Scully, IV APPLICANT: C. Robert Solenberger, John B. Schroth and John Scully, IV (here -in after "Owners") PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: March 7, 2017 REVISION DATE: April 19, 2017 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 03-17 for the 49.23± -acres Property from the Ml, Light Industrial District with approved proffers to establish 22.16± acres of B2, Business General District and 27.07± acres of M1, Light Industrial 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 Tax Map Parcel 43-A-99 is owned by C. Robert Solenberger, John B. Schroth and John S. Scully, IV recorded as Instrument Number 040017164. The portion to be rezoned from the M1, Light Industrial District to the B2, General Business District is that portion more particularly identified by metes and bounds on page 3 of the "Plat Showing Street Dedication and Various Easements on the Property of C. Robert Solenberger, John B. Schroth and John S. Scully, IV" on the Plat of the Property prepared by File #2795J/F,A W 2 7 0 Cr; Ul Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 Bury+Partners, John E. Krobath, L.S., June 21, 2007, recorded as Instrument Number . 070011053. c' CD C1 RUTHERFORD CROSSING — TAX PARCEL 43-A-99 C711 PROFFER STATEMENT A. RZ# 17-06 Proffer Statement The Owners recognize that Tax Parcel 43-A-99 was one of three parcels rezoned with proffers by the Frederick County Board of Supervisors on January 24, 2007 under the RZ# 17-06 Rezoning Application. The Owners further recognize that the approved RZ# 17-06 Proffer Statement dated January 17, 2007 establishes a limit of 1,245,000 square feet of total building structural area and a Iimit of three Interstate Area Overlay District signs within the total acreages of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100. The Owners agree that future development activities within the Property will be subject to these limitations as a condition of this Proffer Statement. B. Transportation Enhancements 1. The Owners proffer to dedicate the land area within the Property for the 350 -foot wide Route 37 corridor and the interchange ramp access area as identified on Zoning Exhibit "B" prepared by Bury+Partners dated January 2007. The Owners shall prepare and submit the plat and deed dedicating this land area to Frederick County within 90 days of written request by Frederick County. 2. The Owners proffer to submit a Traffic Impact Analysis for future Site Plans proposed for the Property that exceed 26,652 ADT as calculated for land development within the total acreage of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100 (as the acreage of those parcels existed at the time of approval of RZ# 17-06 and including such parcels as may have since been subdivided from those parcels). Traffic volume calculations associated with future land development on the Property may be derived from the current ITE Trip Generation Manual, or through actual traffic counts for the Rutherford Crossing project. The Owners proffer that improvements demonstrated by required Traffic Impact Analysis studies will be included in the Site Plan design for the specific land development application. C. Property Development Requirements 1. The Owners proffer to provide a monetary contribution of $0.10 per developed primary structure square foot on the Property for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County File #2795YEAW 3 Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. 0 2. The Owners proffer to prohibit truck stops (SIC 5541) from developing on the co Property. u� PROFFER STATEMENT OWNER SIGNATURES ON FOLLOWING PAGES File #2795J/EA W 4 Greenway Engineering Owner Signature March 7, 2017 Revised April 19, 2017 Tax Parcel 43-A-99 Rezoning 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 other requirements set forth in the Frederick County Code. Respectfully Submitted: U8.3 C. Robert Solenberger Commonwealth of Virginia, t City/Coi,t/*ty of �'U` f vtc G <I -14'V� To Wit: The foregoing instrument was acknowledged before me this �day of 20-0 by My Commission Expires N j/// 7 Date Notary Public a a' File #27957/FAW 5 0 CD cn GJ Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 c� Owner Signature o 0 The conditions proffered above shall be binding upon the heirs, executors, ci"s�0 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 other requirements set forth in the Frederick County Code. Respectfully Submitted: By:. John B. Schroth Commonwealth of Virginia, City/County of To Wit: 7 Date The foregoing instrument was acknowledged before me this day of� 204-1 by My Commission Expires y File #2795J/EAW Notary Public -A� -Z:a' 2 90 6 Greenway Engineering Owner Signature March 7, 2017 Revised April 19, 2017 Tax Parcel 43-A-99 Rezoning 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 other requirements set forth in the Frederick County Code. Respectfully Submitted: 4 By: l John C. Scully, IV Commonwealth of Virginia, City/C-Emmy of L'ti�1�7r K Sa? To Wit: Date The foregoing instrument was acknowledged before me this day of 20 by t, My Commission Expires 3 • 3/ - Notary Public -- o i99,2Ed 0 �L File #27951/EAW 7 O C) n z W N D z z UI Ui (P N I > DI I I C: 0 W vrnrnNwrn a Cn J Z D r2 0 0 O Iv O' N w.., w \ p� Ln W D r /\\., 1 ~ \� 0o D D n\\\ \\ D n C7 C1 O C. I N J -A C J w m a r 70 m (T mO N W u) W J fel CU 11 -.J I�-Cr�j b�N 1101 \ ` X —_ U, N O cT cD may-• /a / 1 y W Ch x 2 '.�. — J I (n N L !n ON C31IC31 o (n o oro a zZ't (o W ,,C£8£ £C98£ �( W ornw n pfF3«Ob.Z£. LSS m� � m m m ,.1, _ ___ � n °o ., ill � '��➢ �� oma\ i NOSpi'J OI Ia) O 6>> _.__.._._.. 2 L o . ' O v , n J I A A 1 01 1 1 A CD if L / --z 1 ti CN 1111 O o pOD �IiI CD 1+1 �A> 111 Z (1 r Tl o - �- I 1 1 - C7 �� Gam. -_ I�A prpLW oW til n I L ) U1N O{ mA DA N + 1 D O. .00 - _�9V 000o M„S4,8 L.Ys O _� C. 00 \ '83 (n I �nj o Oz p�CJzy O �g�LW 3➢CiR z L i i z :am zzzo__ c� SHEET RUTHERFORD CROSSING+nh ers Scale: 1 " _- 400' r Lli W.1 Date JANUARY 2007 Designed by: KP ZONING EXHIBIT "B" E N G I N E E R I N G S O L U T I O N S 2 Drewe by. RP PROPOSED ZONING Consulting Engineers and Surveyors Checked by TP 3810 Concorde Parkway, Suite 1000 OF 2 Project -No. 2_0_2.25 _01 Chantilly,Virginia 20151 STONEWALL MAGISTRIAL DISTRICT Tel 703/966-9090 Fax 703/968-4866 Ihtry+Partners-VA, Inc. (OCopyright 2006 FREDRICK COUNTY, VIRGINIA CD CD C" ) PROFFER STATEMENT RUTHERFORD CROSSING TAX PARCEL 43-A-99 REZONING Stonewall Magisterial District Frederick County, Virginia April 19, 2417 Current Owners: C. Robert Solenberger; John B. Schroth & John S. Scully, IV Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 PROFFER STATEMENT RUTHERFORD CROSSING TAX PARCEL 43-A-99 REZONING Stonewall Magisterial District Frederick Courj-L'--V--, V.1 -1 -prima A p n"I 19, 22 , 011, 117 sur rum! 0,w- ners: C, Robert Solenberger; John B. Schroth & John S. Scally, 1V calatac! Person: Evan Wyatt, Director of Land Planning Greenway E'4a-ineering, Jp-c. 151 Windy-14-fli Lane 'Wlachester,'VA 22602 Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 . JTHERFORD 42KOSSING - TAX X PARCEL 43-A-99 PROFFER STATEM_ENT TREZONING: RZ# M-1, Light Industrial District with Proffers to B-2, Business General District and M-1, Light Industrial District with Revised Proffers PROPERTY: Tax Parcel 43-A-99; 49.23± acres (here -in after the "Properly") RECORD OWNER: C. Robert Solenberger, John B. Schroth and John Scully, IV APPLICANT: C. Robert Solenberger, John B. Schroth and John Scully, IV (here -in after "Ow'ners") PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: March 7, 2017 REVISION DATE: April 19, 2017 l hninarFy 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 for the 49.23± -acres Property from the M1, Light Industrial District with approved proffers to establish 22.16± acres of B2, Business General District and 27.07± acres of M1, Light Industrial 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 prcffiers 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 Tax Map Parcel 43-A-99 is owned by C. Robert Solenberger, John B. Schroth and John S. Scully, IV recorded as Instrument Number 040017164. The portion to be rezoned from the M1, Light Industrial District to the B2, General Business District is that portion more particularly identified by metes and bounds on page 3 of the "Plat Showing Street Dedication and Various Easements on the Property of C. Robert Solenberger, John B. Schroth and John S. Scully, IV" on the Plat of the Property prepared by File #2795J/F,AW 2 Greenway (engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 Bury+Partners, John E. Krobath, L.S., June 21, 2007, recorded as Instrument Number 070011053. R:J'f q -ER + 01 CR'.OS',34NG —'-WK :FARCE f, r 3..A -999 0+:r;,Ell I STATE11 ANT A. RZ# 17-06 Proffer Statement The Owners recognize that Tax Parcel 43-A-99 was one of three parcels rezoned with proffers by the Frederick County Board of Supervisors on January 24, 2007 under the RZ# 17-06 Rezoning Application. The Owners further recognize that the approved RZ# 17-06 Proffer Statement dated .aanuary 17, 2007 establishes a limit of 1,245,000 square feet of total building structural area and a limit of three Interstate Area Overlay District signs within the total acreages of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100. The Owners agree that future development activities within the Property will be subject to these limitations as a condition of this Proffer Statement. B. Transportation Enhancements 1. The Owners proffer to dedicate the land area within the Property for the 350 -foot wide Route 37 corridor and the interchange ramp access area as identified on Zoning Exhibit `B" prepared by Bury+Partners dated January 2007. The Owners shall prepare and submit the plat and deed dedicating this land area to Frederick County within 90 days of written request by Frederick County. 2. The Owners proffer to submit a Traffic Impact Analysis for future Site Plans proposed for the Property that exceed 26,652 ADT as calculated for land development within the total acreage of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100 (as the acreage of those parcels existed at the time of approval of RZ# 17-06 and including such parcels as may have since been subdivided from those parcels). Traffic volume calculations associated with future land development on the Property may be derived from the current ITE Trip Generation Manual, or through actual traffic counts for the Rutherford Crossing project. The Owners proffer that improvements demonstrated by required Traffic Impact Analysis studies will be included in the Site Plan design for the specific land development application. C. Property Development Requirements 1. The Owners proffer to provide a monetary contribution of $0.10 per developed primary structure square foot on the Property for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County File #2795J/EAW 3 Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. 2. The Owners proffer to prohibit truck stops (SIC 5541) from developing on the Property. PROFFER STA TEM1FtNT OWNER SIGNATURES ON FOLLOWING Ii-I'AGES File #2795J/EAW 4 N z rn (n A Gl N m ALM 51z (D W o. 03 w Ln t" 0._• m 1, C. II S. n C' tT rn N W m "e N N (T N N Y 1 01 -4 0 0 0 N D (D p (n (n O V C \ \ WZ, - mmoNmrn �\ \�o \ N W D IVi wm w rn N w� C) \ SII II v P / 6 -p w p w rn A r n'•w N ICU o S O W O01 � cNio til--{ - - - -- c. \'q/ / L' n i m G w X i rn n r /a / I (m v u \ \ r/ l Il I C" y 0 D A A Ito Co ?41 bo io m N Il 1l izv o • _ � w ISI o�w r °: � j d // �"' ��: � Z (n In z (n w NO ZD '.x > J W W o h W➢ I' � iC£8£��--'>Fcasfr+al98£ _ 1 1 1�1 �iz�� / \ �Itn o vi w Z !I 1] Db L£.{5S 3.04,bf.tSS (7 ZI O ,N Nt•{A / g 51 w ^4'' m� mmm uo I mt - mx yA._ {n. Irw.�-c.•w�'t-.j: I✓�� cm i / / .,: cp` �` ! a, GCA <z�m I I N Gj 1 r' C> 1 - - �_�• - `+ t M„94,6L.4SNN 'Xf Z I N W ✓ b N , i L n-� 1 II I1 mmmAD / I �`� S N ik .Zl tN IN to A �o�o �' I I m<z�� // //_Di,'� r 1 / m I m m�> Om i✓ �' I to 1 / / / / O ON n0 D� JN.LV O uC m' inv 1 0,_ mzl{ 'J w? I O�Ojzl D -C �vm5i o io�w ma()mC' zZFui iZ mZ � I SHEET Scale: 1" = 400' RUTHERFORD CROSSING „+� '� Datrs e JANUARY 2007 ,41 I Designed ZONING EXHIBIT 'B' e N O I N Ir K k I N G SOLUTIONS Drawn by: RP PROPOSED ZONING Consulting Engineers and Surveyors Checked by: TP ---3810 Concorde Parkway, Suite 1000 OF 2 Pr -o act No. 20225-01 Chantilly,Virginia 20151 -� —---- STOWEWAt_L AAAGI3TRIAL DISTRICT Tel 703/968-9090 Fax 703/968-4866 FREDRICK COUNTY, VIRGINIA Bu ry+Partners-VA, Inc. ©Co Pyright 2006 Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 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 other requirements set forth in the Frederick County Code. Respectfully Submitted: C. Robert Solenberger Commonwealth of Virginia, City/`:otmt-y of n C, `1, , '_., To Wit: 17 Date The foregoing instrument was acknowledged before me this :�7—day of�G' �- 20 l* -7 by My Commission Expires 41 - 3/ - File f - Notary Public --44- My -44 File #2795YE?AW 5 Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 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 other requirements set forth in the Frederick County Code. Respectfully Submitted: John B. Schroth Commonwealth of Virginia, City/eim my of A To Wit: Date The foregoing instrument was acknowledged before me this day of My Commission Expires 4 Notary Public -: 1;Q S�1 0*i ...h* TA T. File #2795J/EAW --11-1— 6 r3 Greenway Engineering March 7, 2017 Revised April 19, 2017 Tax Parcel 43-A-99 Rezoning 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 other requirements set forth in the Frederick County Code. Respectfully Submitted: By: John C. Scully, IV Commonwealth of Virginia, CitylCemilty of To Wit: The foregoing instrument was acknowledged before me this day of A rt 20JZ by My Commission Expires -3 ,�/ 2C,, -'? 6 File #2795J/EAW Y( Notary Public��zc' 7