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43A147_K & J Investments, LCAction: PLANNING COMMISSION: January 17, 2018 BOARD OF SUPERVISORS: February 14, 2018 ORDINANCE Recommended Approval - 17 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-17 K&J INVESTMENTS, LC WHEREAS, REZONING #06-17 K & J Investments, LC, submitted by Stowe Engineering, PLC to rezone 2.459± acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, 0.936± acres of land zoned RP (Residential Performance) District to the B2 (General Business) District with proffers and 0.488± acres of land zoned M1 (Light Industrial) District to the B2 (General Business) District with proffers with a final revision date of October 27, 2017 was considered. The subject properties are located at the northeast corner of the intersection of Martinsburg Pike (Route 11) and Snowden Bridge Boulevard. The properties are located in the Stonewall Magisterial District and are identified by Property Identification Nos. 43-A-147, 43 -A -148,43-A-149 and 43 -A -151C; and WHEREAS, the Planning Commission held a public hearing on this rezoning on January 17, 2018 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 14, 2018; 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 four (4) parcels of land, 2.459± acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, 0.936± acres of land zoned RP (Residential Performance) District to the B2 (General Business) District with proffers and 0.488± acres of land zoned MI (Light Industrial) District to the B2 (General Business) District with proffers with a final revision date of October 27, 2017. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes #04-18 -2 - This ordinance shall be in effect on the date of adoption. Passed this 14th day of February 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye J. Douglas McCarthy Aye Shannon G. Trout Aye Blaine P. Dunn Aye PDRes #04-18 BOS Res. #062-18 Gary A. Lofton Aye Robert W. Wells Aye Judith McCann -Slaughter Aye A COPY ATTEST Kris C. Wiern Frederick County Administrator v thu[NIA: Fl.. DERICK COUNTY.SCI. Phis instrument of writing was produced to me on ©9 -� bA at and with certificate acknowledgement thereto hnnexed was admitted to record. Tax imposed by Sec. 58.1-802 of $'_ "�� I , and 58.1-801 have been paid, if assessable 4e -e4 t"40 , Clerk -1 J, Rezoning: Property: Record Owners: Project Name: Original Date of Proffers: Revisions: Magisterial District: Proffer Statement for Omps North East RZ #06-17 Area: 3.883 acres Tax Parcels 43-(A)-147, 148, 149, & 151C K&J Investments, LC Omps North East May 22, 2017 October 27, 2017 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 Application06-17 for the rezoning of 3.395 acres from the RA District to the B2 District and 0.488 acres from the M1 District to the B2 District, said areas being shown on the attached rezoning plat, 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. 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 K & J Investments, LC from North Stephenson, Inc. by Deed per instruments 050009792 and 130013563, and from Cheryl L. DeHaven, by Deed per instrument 160005375 as recorded in the Frederick County Circuit Court Clerk's Office. A Generalized Development Plan (GDP) dated September 19, 2017, by Stowe Engineering, is attached to and made part of this proffer document. C," Proffers: Transportation -Vehicle Trips per Day shall not exceed the current by -right trips of 3,441 AADT. To be determined at Site Plan submission utilizing tha riirrant ITE Trip Generation Manual. a. The owners hereby proffer to construct no more than one "right-in/right-out only" entrance/exit" on Snowden Bridge Blvd (Route 883) as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. b. The owners hereby proffer to improve the existing "right-in/right-out only" entrance/exit onto Martinsburg Pike (Route 11) at Nulton Lane as shown on the GDP. Final design to be approved by VDOT and the County of Frederick. No other entrances will be constructed on Route 11. The owners hereby proffer a public road, designed and constructed to VDOT standards, to be known as Ezra Lane within their property as shown on the GDP. This will serve as the internal road system for the development. Furthermore, neighboring parcels will be also be granted an access easement over Ezra Lane. Said road is already proffered for construction in REZ 12-16; however, construction will be by the owners should development occur within this rezoning first. d. The owners hereby proffer to construct no more than one full entrance/exit onto Ezra Lane as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. e. The owners hereby proffer a private road to be known as Nulton Lane within their property as shown on the GDP. This will serve as the internal road system, built to County standards for commercial drive aisles, for the development. Furthermore, neighboring parcels identified as the 43-(A)-141, 142, and 143, and 43 (C) 2 1 will be also be granted an access easement over Nulton Lane. Easements shall be granted when requested by the County of Frederick. f. The owners hereby proffer an additional 20' strip of land along Route 11 as shown on the GDP for right of way improvements including a 5' sidewalk. The dedication and improvements will occur with the approval of the first site plan. g. The owners hereby proffer to enter into a signalization agreement with the Virginia Department of Transportation for the warrant study and installation of a traffic signal at the intersection of Snowden Bridge Boulevard and Ezra Lane, prior to the approval of the first site plan. It is understood that the owner's participation will be pro -rated based on his portion of the total traffic volume in the intersection. Agreement shall be executed prior approval of first site plan. 2 2. Corridor Enhancement along Route 11 - Martinsburg Pike a. The owners hereby proffer to construct split -rail fence with a 36" hedge within the front building setback. b. The owners hereby proffer the parking setback along Route 11 shall be consistent with the 50' front building setback. The owner hereby proffers only one freestanding monument style tenant sign along the frontage of Martinsburg Pike. No additional freestanding signage will be allowed along Martinsburg Pike. 3. 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. 3 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: By: K & J Investments, LC Keven V. Omps, Managing Member COMMONWEALTH OF VIRGINIA, Date 13.an� City/County of �����— To Wit: The foregoing instrument was acknowledged before me this 3 day of T�'A(6� , 20 \`b by Keven V. Omps in his capacity as Managing Member of K & J Investments, LC. Notary Public My Commission Expires: tyLu 31' 7-0 ZO Notary Registration Number: (� Lo � ( (0!1 M Ex. Stoplights IMPROVE ENTRANCE RIGHT IN -OUT i Val-tl Awl . . . . .... . . ....... ..... I f— INSTALL ENTRANCE RIGHT IN -OUT NOTE. ENTRANCEAS SHOWN IS CONCEPTUAL IN NATURE, FINAL LOCATIONS SHALL BE DETERMINED WITH SITE PLAN 2.459 RA Ezra Lane - - - - -- - - - - - - FULL ENTRANCE M-1 Zoning - 2012 - REZ-12-16 10 0, GRAPHIC SCALE DATE: SEPT.19, 2017 SCALE: 1,100, DRAWN BY: GRO ]OB NO. #01460 Receipt: 18000005312 COURT ADDRESS: 5 NORTH KENT STREET WINCHESTER, VA 22601 PHONE #:540-667-5770 DATE : 03/16/2018 TIME: 13:16:49 RECEIPT # : 18000005312 TRANSACTION # : 18031600042 CASHIER: PAM REGISTER # : 8114 INSTRUMENT: 180002446 BOOK: GRANTOR: COUNTY OF FREDERICK GRANTEE: K & J INVESTMENTS LC RECEIVED OF: FREDERICK COUNTY ATTORNEY ADDRESS: CASH : $22.00 DESCRIPTION 1 : ST DIST (PROFFER STATEMENT) 2: OMPS NORTHEAST CONSIDERATION: $0.00 ANAL: $0.00 .f G 1,V rMaeR s^ct� OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT PAGE -ACCOUNT CODE DESCRIPTION PAID 035 VOF FEE $1.00 145 VSLF $1.50 CASE # : 069CLR180002446 FILING TYPE: OTHER RECORDED: 03/16/2018 EX: N EX: N PAGES: 007 MAP: MISC Page 1 of 1 PAYMENT : FULL PAYMENT AT: 13:15 LOC : CO PCT : 100% OP:0 NAMES: 0 PIN: ACCOUNT CO DESCRIPTION PAID 106 (TTF) TECHNOLOGY TRUST FUND FEE (CIRCUIT COURT) $5.00 301 DEEDS $14.50 TENDERED : $ 22.00 AMOUNT PAID: $ 22.00 PAYOR'S COPY CLERK OF COURT: REBECCA P. 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