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HomeMy WebLinkAbout01-18 Design PlanZ_ REZONING REQUEST PROFFER Property Identification Nomber 74. (IA))- 68 and 74 - (IA)) - 69 Back Creek Magisterial District Carbaul Business Caller Record Owner: The Henry J. Carbaugh Trust Applicant Timothy Stowe Origiral Data of Proffers:10/6/17 Revisions Dee of proffers: 10/19/17 Preliminary Matters Pursuant te Seaton 15.2-22%esep.. tithe Code of Virginia, 1%0, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to condPoonal zoning, the undersigned owner hereby proffers that In the event the Board of Supervisors of Frederick County,Virginia, shall approve Rezoning Application# REZ#04-17 fortherenoningof Tax Map Parcel 74-A-68, a 89.8719 -ase parcel, and Tax Map Parcel 74-A-69, a 17 3391 -acre parcel, to establish 107.21 e/- acres of Ught Industrial (M-1) Zoning District, development of the 107.21 4/- we tight Industrial III Zoning District, hereinafter refected to as the "Property', shall her done In conformity with the terms and conditions set forth herein, except to the extent the 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 In the event that such reeving is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the owner and then legal successors or assigns. site Imorovemenfr 1. Theowner 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 ($3,080,000.00). Such payment shall be made either witMn 30 calendar days after the Stan of construction on the extension of Renaissance Drive that will connect with Shady Elm Road or prior to the Issuance Proffer summer, Pap a aro of the certificate of occupancy permit for the first building structure developed on the Property, whichever event occurs first Such funds can be used by the Board of Supervisors in As discretion for tnnsponatiun Improvements related to the extension of Renaissance Drive, an East-West Collector Road, to shady Ent Road and can be used as local match funding for County Revenue Sharing Program projects related to the aforementioned extension. 2. The owner agreez to dedicate W(Soy feet) of righaasf-way along Shady Elm Read to Frederick County as depicted on the Generalized Development Pian (GDP), which Is attached and Incorporated as part of the Proffer Statement. 10 (ten felt) of which is to be used for the construction of a pedestrian trail adjacent W the Property. This dedication is to be made within 90 (ninety) days after the date of the approved Becoming 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 rlgntof-way Is depicted on the GDP. This dedication Is to be made within SO (ninety) days of a written request by Frederick County. 4. The owner agrees to grant to Frederick County an W (80 feet) gradlng/Sbpe easement for the construction and maintenance of a bridge over the CSK rail line that will be part of the extension d the East-West Collector Road (Renaissance Drive) from Valley Pike Hi 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. Tie length shall nM exceed the distance From the CSX rail line to the start of the bridge nmp. This grant Is to be made within SO (ninety) days of a written request by Frederick County. S. The owner agrees to limit the number ofcommercial entrances for the Property to be rezoned tc a maximum of two (2) entrances along Me new collector rwd to be constructed as an extension of Renaissance Drive and InterseNng with Shady Elm Road. a. In the event the property is developed prior to the completion d Renaissance Drive collector road extension, the owner may build a portion of Renaissance Drive collector road extension 4mn Shady Elm Road To the first entrance to the site to enable use of the she. The portion of the collector road to be built In this event will meet with both VDDT and Frederick County approval. b. In the event that Frederick County request that me 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 wafter sonansot Pw a N4 Immediately after the Renaissance Drive collector road extension is available for use by the owner. 6. The owner herby proffers to provide for inter -parcel wnnecuons for ag slaw Mato provide access to the two new access points on Renaissance Drive. Building Restrictions The development of the subject Property shall Include the following building restrictions: 1. NI loading dols shall be screened from view from all adjacent properties in the Rural Area (RA) Zoning Districts Mat are located west of Shady Elm Road. The Owner All ui a Class C- Full Screen (As defined by Frederick County et the dateof this rezoning)100' (one hundred feet) buffer adjacentto Rural Area (Bri) Zoning Districts west of Shady Elm Road. 2. Individual business signs will be prohibited along Shady Elm Mad. 3. The owner will perform an Intensive level survey on the historic structure located oo-she (Henry Cerbasigh House -#341040) prior to its demoODw. Landscape Design Features The development of the subject Property, and the submission of any Minster 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. Monahan, Contributions to Offset Impact of DeveloemeM The owner, hereby Voluntarily proffers that If the board of Supervisors for the County of Frederick. Virginia approves the rezoning for the 107.214/- acre property to the Light Industrial (M3) Zoning District, the undersigned will pay Frederick County, prior a the Issuance of the ,letter somemenr Pyr 10. Certificate of Occupancy Permit for the first structure constructed on the Light Industrial (M-1) Zoning Distinct portion of the parcel, the sum of thin, thousand dollars (530,000.00), for use by the Board in Its discretion for fire and rescue purposes. Additionally, the owner shall con Wbute Me thousand dollars ($5,5100.00) to the Kemstown Battlefield Association prior to the Issuance of the Certificate of Occupancy Permit for the first StruRYre constructed an the property. Escalato 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 steed herein. Any monetary curriculums set forth in this Proffer Statement which are paid to the County after eighteen (18) months fallowing 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 CPbU from that date eighteen (18) months after he approval of this rezoning to the most reently available CPI -D to the date the contributions are paid, subject to a cup of 4 percent (456) per year, non -Compounded. Respectfully Submmed, That Henry J. Carbaugh Truth OWNER: Herm,% T,, CAybA.. N 7ru6: unaLei GyLe ale.s.�deafesi Dd cemb cr 11, 1006, �y ls'. taf cMrlcc uCo.rngy, S� ellsxiv' gv: %�,c./e2 -Fi�r 7.`..411'er Owl #oVrrw hie J 4y .L 0/7 STATE OF VIRGINIA, AT URGE FREDERICK COUNTY, To -Wit: Me Foregoing Irsstrument was acknowledged before me this dani (�pJe.mCr 2017, by rwct (k i 4 V . My Commisdon expires 4 30.%0"1 Notary Public-� Projor summers Pyr4af4 DEVELOPMENT NOTES UTILITIES 1. WATER AND SANITARY SEWER AVAILABLE PER FCSA. 2. THERE ARE NO PRE-TREATMENT OR POST-TREATMENT WASTEWATER SYSTEMS EXISTING OR PLANNED. 1 THERE ARE NO PRIVATE WASTEWATER TREATMENT FACILITIES PLANNED. 4. UTILITY SERVICE LINES ARE TO BE CONSTRUCTED UNDERGROUND FROM THE UTILITY DISTRIBUTION LINES. TRANSPORTATION 1. ALL ON-SITE ROAD WILL BE PRIVATE ROADS AND WILL BE DESIGNED USING URBAN DESIGN STANDARDS. 2. WHERE PRACTICAL INTER -PARCEL CONNECTIONS WILL BE UTILIZED WITHIN EASEMENTS. 3. A TRAFFIC IMPACT ANALYSIS IS NOT BEING PROVIDED. 4. PERMANENT CONNECTIONS TO THE STATE HIGHWAY SYSTEM WILL OCCUR AT TWO PROPOSED COMMERCIAL ENTRANCES ONTO RENAISSANCE DRIVE. STORM WATER 1. STORM WATER MANAGEMENT SHALL COMPLY WITH THE GUIDELINES INCLUDED IN CHAPTER 143 OF THE FREDERICK COUNTY ORDINANCE. 2. TO THE EXTENT POSSIBLE, STORM WATER MANAGEMENT BASINS USED TO MANAGE THE QUANTITY OF POST -DEVELOPMENT STORM WATER DISCHARGED FROM THE SITE WILL BE DESIGNED TO SERVE MORE THAN ONE PARCEL. 3. TO THE EXTENT POSSIBLE, STORM WATER MANAGEMENT FACILITIES USED TO MANAGE THE QUALITY OF STORM WATER BEING DISCHARGED FROM THE SITE WILL BE DESIGNED TO SERVE ONE OR MORE PARCELS. DEVELOPMENT 1. APPROVED REZONING REFERENCE FOR THE PROPERTY IS REZ #04-17. 2. THE PROJECT WILL BE DEVELOPED IN A SINGLE PHASE. 3. THERE HAVE BEEN NO PRIOR MASTER DEVELOPMENT PLANS FOR THIS PROPERTY. 4. THERE HAVE BEEN NO RECENT LAND DIVISIONS IN RELATION TO THESE TRACTS. 5. THE HENRY CARBAUGH HOUSE IS A STANDING HISTORIC STRUCTURES ON THE SITE, AN INTENSIVE ARCHITECTURAL SURVEY WILL BE PERFORMED ON THE HOUSE PRIOR TO ITS REMOVAL. BUILDING RESTRICTIONS PROFFER 3. PROJ ECT SU M MARY TOTAL AREA: 107.211 ACRES EXISTING ZONING: Ml EXISTING USE: UNDEVELOPED/VACANT PROPOSED USE: WAREHOUSING AND LIGHT INDUSTRIAL MAGISTERIAL DISTRICT: BACK CREEK PINS: 74 -A -68,74-A-69 BUSINESS AND INDUSTRIAL ZONING DISTRICT DIMENSIONALAND INTENSITY REQUIREMENTS FOR M-1 Front yard setback on primary or arterial highways (ft 75 Front yard setback on minor streets (ft) 75 Side yard setbacks (ft) 25 Rear yard setbacks (ft) 25 Floor Area to lot Ratio (FAR) 1.0 Minimum landscaped area (% of lot area) 25 r Maximum height (ft) 601 1 Height exceptions shall comply with sections 201 and 601 of the Frederick County Zoning Ordinance. ENVIRONMENTAL FEATURES SUMMARY TABLE E g 3el e v 15 ffull Ili de DISTURBED ACREAGE APPROX. % DISTURBED FLOODPLAINS 0.0 ogeuotx3 aryrD eaueesleuoy 0.00/0 LAKES & PONDS L' 3 0.40 0.3 64.0% WETLANDS 2'3 0.00 0 0.000% r 11 0.0 0.0 I� SINKHOLES3 0.020 0.020 100.0% STEEP SLOPES (50e-+) 0.0 0.0 0.00/0 n viiii O r- X M 3 w t7♦ I H a = O N) t•1 6 0] w rs F o & Ln Z Q r m _O ~ CI_ O a U (n W O a DEVELOPMENT NOTES UTILITIES 1. WATER AND SANITARY SEWER AVAILABLE PER FCSA. 2. THERE ARE NO PRE-TREATMENT OR POST-TREATMENT WASTEWATER SYSTEMS EXISTING OR PLANNED. 1 THERE ARE NO PRIVATE WASTEWATER TREATMENT FACILITIES PLANNED. 4. UTILITY SERVICE LINES ARE TO BE CONSTRUCTED UNDERGROUND FROM THE UTILITY DISTRIBUTION LINES. TRANSPORTATION 1. ALL ON-SITE ROAD WILL BE PRIVATE ROADS AND WILL BE DESIGNED USING URBAN DESIGN STANDARDS. 2. WHERE PRACTICAL INTER -PARCEL CONNECTIONS WILL BE UTILIZED WITHIN EASEMENTS. 3. A TRAFFIC IMPACT ANALYSIS IS NOT BEING PROVIDED. 4. PERMANENT CONNECTIONS TO THE STATE HIGHWAY SYSTEM WILL OCCUR AT TWO PROPOSED COMMERCIAL ENTRANCES ONTO RENAISSANCE DRIVE. STORM WATER 1. STORM WATER MANAGEMENT SHALL COMPLY WITH THE GUIDELINES INCLUDED IN CHAPTER 143 OF THE FREDERICK COUNTY ORDINANCE. 2. TO THE EXTENT POSSIBLE, STORM WATER MANAGEMENT BASINS USED TO MANAGE THE QUANTITY OF POST -DEVELOPMENT STORM WATER DISCHARGED FROM THE SITE WILL BE DESIGNED TO SERVE MORE THAN ONE PARCEL. 3. TO THE EXTENT POSSIBLE, STORM WATER MANAGEMENT FACILITIES USED TO MANAGE THE QUALITY OF STORM WATER BEING DISCHARGED FROM THE SITE WILL BE DESIGNED TO SERVE ONE OR MORE PARCELS. DEVELOPMENT 1. APPROVED REZONING REFERENCE FOR THE PROPERTY IS REZ #04-17. 2. THE PROJECT WILL BE DEVELOPED IN A SINGLE PHASE. 3. THERE HAVE BEEN NO PRIOR MASTER DEVELOPMENT PLANS FOR THIS PROPERTY. 4. THERE HAVE BEEN NO RECENT LAND DIVISIONS IN RELATION TO THESE TRACTS. 5. THE HENRY CARBAUGH HOUSE IS A STANDING HISTORIC STRUCTURES ON THE SITE, AN INTENSIVE ARCHITECTURAL SURVEY WILL BE PERFORMED ON THE HOUSE PRIOR TO ITS REMOVAL. BUILDING RESTRICTIONS PROFFER 3. PROJ ECT SU M MARY TOTAL AREA: 107.211 ACRES EXISTING ZONING: Ml EXISTING USE: UNDEVELOPED/VACANT PROPOSED USE: WAREHOUSING AND LIGHT INDUSTRIAL MAGISTERIAL DISTRICT: BACK CREEK PINS: 74 -A -68,74-A-69 BUSINESS AND INDUSTRIAL ZONING DISTRICT DIMENSIONALAND INTENSITY REQUIREMENTS FOR M-1 Front yard setback on primary or arterial highways (ft 75 Front yard setback on minor streets (ft) 75 Side yard setbacks (ft) 25 Rear yard setbacks (ft) 25 Floor Area to lot Ratio (FAR) 1.0 Minimum landscaped area (% of lot area) 25 r Maximum height (ft) 601 1 Height exceptions shall comply with sections 201 and 601 of the Frederick County Zoning Ordinance. ENVIRONMENTAL FEATURES SUMMARY TABLE FEATURE EXISTING ACREAGE DISTURBED ACREAGE APPROX. % DISTURBED FLOODPLAINS 0.0 0.0 0.00/0 LAKES & PONDS L' 3 0.40 0.3 64.0% WETLANDS 2'3 0.00 0.00 0.000% NATURAL DETENTION 0.0 0.0 0.09/0 SINKHOLES3 0.020 0.020 100.0% STEEP SLOPES (50e-+) 0.0 0.0 0.00/0 1 ALL POND DISTURBANCES ASSOCIATED WITH FUTURE SITE DEVELOPMENT SHALL BE APPROVED BY FREDERICK COUNTY PUBLIC WORKS DEPT. AND THE US ARMY CORPS OF ENGINEERS. 2 ALL WETLAND DISTURBANCES ASSOCIATED WITH FUTURE SITE DEVELOPMENT ARE TO BE PERMITTED BY THE ARMY CORPS OF ENGINEERS AN D/OR THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY, AS REQUIRED. 3 THE ACTUAL DISTURBED AREAS WILL BE SHOWN ON THE SITE PLANS UPON COMPLETION OF THE DETAILED SITE ENGINEERING AND FINAL DESIGN OF THE PRIVATE ROADS. SCALE: 1" = 1000' WAIVER REQUEST THE APPLICANT IS REQUESTING A WAIVER OF SECTION 144-24C OF THE COUNTY CODE TO ALLOW FOR THE SUBDIVISION OF LOTS WITH ACCESS PROVIDED BY PRIVATE STREETS EXTENDING FROM RENAISSANCE DRIVE. CONST. BIL BOUND LANE I EAST BOUND LANE T ASPHALT CONCRETE SURFACE COURSE, TYPE SM-12.SA O3 31/2' ASPHALT BASE COURSE, TYPE BM-25DA O -7" AGGREGATE BASE MATERIAL, TYPE 1, No. 21-B EXAMPLE PRIVATE ROAD SECTION INDIVIDUAL DETAILED ROADWAY SECTIONS WILL BE DEVELOPED WITH INDIVIDUAL SITE PLANS FOR EACH LOT AND MAY VARY DEPENDING ON THE INDUSTRY NEEDS AND TRAFFIC. OWNER AND DEVELOPER, Parcels 74-A-68 & 74-A-69 GRAYSTONE CORPORATION OF VIRGINAA C/O STOWE ENGINEERING, PLC 103 HEATH COURT WINCHESTER, VA 22602 PHONE (540) 666-7373 gy NON lir 1a1 O GRAYST NE ORP RATIO OF VI INIA DATE OVED BY THE DIRECTOR OF PLANNING AND DEVELOPMENT DIRECTOR OF PLANNING AND DEVELOPMENT DATE APPROVED BY THE COUNTY ADMINI TRATOR COUNTY A MI IST bATE fV O O 0 rl fin N n U en ; r- ati 4La W i O M N 4W -a tDLn O _ M L V Ln n viiii O r- X M 3 w t7♦ F Ib Ln Z _O ~ CI_ O U (n W O m T U c rn W \ C�I f 0 2 Z LU C` Z U_ ^J C L L QLU Z U v~_i LU C N Q J > Q d Z w F Oweell Z U) Z >m<� LL LL!= w U D (,) uJ Lu LD U Lu Q H m U LL aim � U EPLTH BOxet eaaa U nMO r. S. STOWE Y Z Nd. � N c. ND. 21924 Z'n0 i � ..11CC�s�12/15/17es 000 re 000 NAL #4#441 0#0444 DATE: DEC 15, 2017 SCALE: AS SHOWN DESIGNED BY: TS DRAWN BY: TS CHECKED BY: TS PROJECT #: 1137.1 SHEETI OF 2