74A68_CarbaughBusinessCenterAMENDMENT
Action:
PLANNING COMMISSION: November 1, 2017 -
BOARD OF SUPERVISORS: December 13, 2017 -
Recommended Approval
X APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #04-17 CARBAUGH BUSINESS CENTER
WHEREAS, REZONING #04-17 Carbaugh Business Center, submitted by Stowe Engineering, PLC
to rezone two parcels of land that total 107.21± acres from the RA (Rural Areas) District to the M1 (Light
Industrial) District with proffers with a final revision date of October 19, 2017 was considered. The site
has an address of 831 Shady Elm Road (Route 65 1) and are located on the southeastern side of Shady Elm
Road, approximately 1. 11 miles southwest of the intersection of Shady Elm Road and Apple Valley Road
(Route 652). The southeastern portion of the site is bounded by the CSX Railroad, in the Back Creek
Magisterial District and is identified by Property Identification Nos. 74-A-68 and 74-A-69; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 1, 2017
and recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 13,
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 two parcels of land that total
107.21± acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers
with a final revision date of October 19, 2017. The conditions voluntarily proffered in writing by the
Applicant and the Property Owner are attached.
PDRes #45-17
-2 -
This ordinance shall be in effect on the date of adoption. C)
Passed this i 3th day of December, 2017 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
Kris 0 ,Tia
Frederick County Administra or
viKuIN1A: Flv.=,DER1Ck COUNTY.SUt.
This instrument of writing was produced to me of
! f/-/' /70' at /0' q0 Q-lfl-
and with certificate acknowledgement thereto itnncxee
was admitted to record. Tax imposed by Sec. 58.1-802 of
$ , and 58.1-801 have been paid, if assessah)
� �eeea , Cler-k
PDRes #45-17
BOS Res. #044-17
1'0013253'
REZONING REQUEST PROFFER CD
CD
Property Identification Number
74 - ((A)) - 68 and 74 - ((A)) - 69
Back Creek Magisterial District
Carbaugh Business Center
Record Owner: The Henry J. Carbaugh Trust
Applicant: Timothy Stowe
Original Date of Proffers: 10/6/17
Revisions Date of Proffers: 10/19/17
Preliminary Matters
Pursuant to Section 15.2-2296 et.seg., 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 Rezoning Application # 04- 17 for the rezoning of Tax
Map Parcel 74-A-68, a 89.8719 -acre parcel, and Tax Map Parcel 74-A-69, a 17.3391 -acre parcel,
to establish 107.21 +/- acres of Light Industrial (M-1) Zoning District, development of the 107.21
+/- acre Light Industrial (M-1) Zoning District, hereinafter referred to as 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 Virginia Law. In the
event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of
no effect whatsoever. These proffers shall be binding upon the owner and their legal
successors or assigns.
Site Improvements
The owner agrees to participate in the cost of transportation improvements in the
nearby area. The owner will contribute to Frederick County, Virginia, a maximum of
one million and eighty thousand dollars ($1,080,000.00). Such payment shall be
made either within 30 calendar days after the start of construction on the extension
of Renaissance Drive that will connect with Shady Elm Road or prior to the issuance
Proffer Statement Page i of 4
of the certificate of occupancy permit for the first building structure developed on CD
the Property, whichever event occurs first. Such funds can be used by the Board of CD
Supervisors in its discretion for transportation improvements related to the r\J
extension of Renaissance Drive, an East-West Collector Road, to Shady Elm Road and
can be used as local match funding for County Revenue Sharing Program projects
related to the aforementioned extension.
2. The owner agrees to dedicate 60' (sixty feet) of right-of-way along Shady Elm Road
to Frederick County as depicted on the Generalized Development Plan (GDP), which
is attached and incorporated as part of the Proffer Statement. 10' (ten feet) of which
is to be used for the construction of a pedestrian trail adjacent to the Property. This
dedication is to be made within 90 (ninety) days after the date of the approved
Rezoning Application.
3. The owner agrees to dedicate 20' (twenty feet) of right-of-way along its northeast
boundary to Fredrick County for the extension of the East-West Collector Road
(Renaissance Drive) from Valley Pike (Rt. 11) to Shady Elm Road. This right-of-way is
depicted on the GDP. This dedication is to be made within 90 (ninety) days of a
written request by Frederick County.
4. The owner agrees to grant to Frederick County an 80' (80 feet) grading/slope
easement for the construction and maintenance of a bridge over the CSX rail line
that will be part of the extension of the East-West Collector Road (Renaissance
Drive) from Valley Pike (Rt. 11) to Shady Elm Road if needed. The final length of the
easement will be determined during the design phase of the extension of the East-
West Collector Road. The length shall not exceed the distance from the CSX rail line
to the start of the bridge ramp. This grant is to be made within 90 (ninety) days of a
written request by Frederick County.
5. The owner agrees to limit the number of commercial entrances for the Property to
be rezoned to a maximum of two (2) entrances along the new collector road to be
constructed as an extension of Renaissance Drive and intersecting with Shady Elm
Road.
a. In the event the property is developed prior to the completion of
Renaissance Drive collector road extension, the owner may build a portion of
Renaissance Drive collector road extension from Shady Elm Road to the first
entrance to the site to enable use of the site. The portion of the collector
road to be built in this event will meet with both VDOT and Frederick County
approval.
b. In the event that Frederick County request that the owner not build a portion
of the Renaissance Drive collector road extension, the owner may build a
temporary entrance onto Shady Elm Road for commercial use. The
temporary entrance on Shady Elm Road will be permanently closed
Proffer Statement Page 2 of 4
CD
immediately after the Renaissance Drive collector road extension is available co
for use by the owner.
6. The owner herby proffers to provide for inter -parcel connections for all new lots to
provide access to the two new access points on Renaissance Drive.
Buildine Restrictions
The development of the subject Property shall include the following building restrictions:
1. All loading docks shall be screened from view from all adjacent properties in the
Rural Area (RA) Zoning Districts that are located west of Shady Elm Road. The Owner
will utilize a Class C — Full Screen (As defined by Frederick County at the date of this
rezoning) 100' (one hundred feet) buffer adjacent to Rural Area (RA) Zoning Districts
west of Shady Elm Road.
2. Individual business signs will be prohibited along Shady Elm Road.
3. The owner will perform an intensive level survey on the historic structure located
on-site (Henry Carbaugh House - #34-1040) prior to its demolition.
Landscape Design Features
The development of the subject Property, and the submission of any Master Development Plan,
shall include the following landscape design features:
1. The owner shall provide street trees planted 50 (fifty) feet on center adjacent to the
Renaissance Drive collector road extension. The trees are to be planted within 120
(one hundred and twenty) days of written request by Frederick County.
Monetary Contributions to Offset Impact of Development
The owner, hereby voluntarily proffers that if the Board of Supervisors for the County of
Frederick, Virginia approves the rezoning for the 107.21 +/- acre property to the Light Industrial
(M-1) Zoning District, the undersigned will pay Frederick County, prior to the issuance of the
Proffer Statement Page 3 of 4
I
Certificate of Occupancy Permit for the first structure constructed on the Light Industrial (M-1)
Zoning District portion of the parcel, the sum of thirty thousand dollars ($30,000.00), for use by
the Board in its discretion for fire and rescue purposes.
Additionally, the owner shall contribute five thousand dollars ($5,000.00) to the Kernstown
Battlefield Association prior to the issuance of the Certificate of Occupancy Permit for the first
structure constructed on the property.
Escalator
In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick
County within eighteen (18) months of the approval of this rezoning, as applied for by the
owner, said contributions shall be in the amounts as stated herein. Any monetary contributions
set forth in this Proffer Statement which are paid to the County after eighteen (18) months
following the approval of this rezoning shall be adjusted in accordance with the Urban
Consumer Price Index ("CPI -U") published by the United States Department of Labor, such that
at the time contributions are paid they shall be adjusted by the percentage change in the CPI -U
from that date eighteen (18) months after the approval of this rezoning to the most recently
available CPI -U to the date the contributions are paid, subject to a cap of 4 percent (4%) per
year, non -compounded.
Respectfully Submitted,
The Henry J. Carbaugh Trust
OWNER: f���r., ,J, C��r�e�h J/`L.4S� 1, cl r- Ay✓Cc'►'vL��•��lc..�t��
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Date: #0 VC r14 hef- � 7
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -Wit:
The foregoing instrument was acknowledged before me this _ day of
c 2017 by C(Ar\ iA
'1 YAO,n 0i -,jon expires y 1)o "io�`�
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"i4Pjgff,Pr,�tatQment Page 4 of 4
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