43A21_Stonewall IVAction:
PLANNING COMMISSION:
BOARD OF SUPERVISORS
AMENDMENT
June 6, 2018 Public Hearing Held; Postponed for 45 days
July 18, 2018 Recommended Approval
August 8, 2018 Approved
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #01-18 STONEWALL IV
WHEREAS, REZONING #01-18 submitted by Equus Capital Partners, Ltd., to rezoning 8 8.9 11 acres
from RA (Rural Areas) District to the M I (Light Industrial) District with proffers with a final revision date
of 07/27/18 was considered. The subject properties are located at the southern terminus of Lenoir Drive
(Route F-732), in the Stonewall Magisterial District and is identified by Property Identification Nos. 43-A-
21, 43-A-21 B, 43-19-4 and 43-A-24; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on June 6, 2018 and
postponed the application for 45 days; and
WHEREAS, the Planning Commission held a public meeting on July 18, 2018 and recommended
approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 8, 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
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 amended to rezone 88.91± acres
from RA (Rural Areas) District to the M 1 (Light Industrial) District with proffers with a final revision
date of 07/27/18. The conditions voluntarily proffered in writing by the Applicant and the Property
Owner is attached.
PDRes #28-18 -1-
This ordinance sball be in effect on the date of adoption.
c
Passed this 8th day of August 2018 by the following recorded vote:
Charles S. DeHaven, Jr., Chain-nan Aye Gary A. Lofton Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Shannon G. Trout Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
Kris iern ;
Frederick County Administrator
'V'X(31NIA: Fh..3DERICK COUNTY.SUI .
This instrument of writing was produced to me on
0-1 K at o�'� *4p X.
and with certific•�,te arkrr;,�.Elexlgeme�rt tfrcr��1�� �intxed
was ada33att�'a! i« €�,_�;3tat. -l�a., a:r�frosed by �i't. J�1.1-14#12 of
s — , and 18-1-801 have been
Paid, if assessable,
Gerk
PDRes #28-18 -2-
BOS Res. #008-18
180008103 G5
PROFFER STATEMENT
EQUUS CAPITAL PARTNERS
STONEWALL MAGISTERIAL DISTRICT
88.91+/- Acres
Rezoning:
Record Owner
Applicant:
#01-18
Cheryl Grimm Morris
Equus Capital Partners, LTD
Property: Parcels 43 A 21, 43 A 21B, 43 19 4 and 43 A 24, comprising a total
of approximately 88.91 acres, as shown on the Generalized
Development Plan (hereinafter "the Property").
Zoning: RA (Rural Areas) to M -I (Light Industrial)
Project Name: Stonewall IV
Date: June 6, 2018
Resubmittal Date: July 27, 2018
Pursuant to Va. Code Ann. § 15.2-2296, et seg., and § 165-102.06 of the Frederick
County Zoning Ordinance, the undersigned hereby proffers that the development and use
of the Property, consisting of 88.91 f acres, located on the north side of Route 37 and west
of its intersection with the Martinsburg Pike, shall be in substantial conformance with the
following conditions. In the event this rezoning is granted as applied for by the Applicant,
then these proffers shall supersede and replace in their entirety all other proffers made prior
hereto. In the event this rezoning is not granted as applied for by the Applicant, then these
proffers shall be deemed withdrawn and shall be null and void.
The term "Applicant" as referenced herein shall include within its meaning the
current owner, all future owners and successors in interest. The term "Generalized
Development Plan" or "GDP" as referenced herein shall refer to the plan entitled
"Stonewall IV Generalized Development Plan," prepared by Dice Engineering, PLC, and
dated April 5, 2018.
1. DEVELOPMENT AND USE OF THE PROPERTY
1.1. Development on the Property shall be limited to the construction of not
more than 820,000 gross square feet that shall be used solely for Warehousing, or High -
Cube Transload and Short Term Storage, Land Use Codes 150 and 154, as those land uses
are defined in the ITE Trip Generation Manual (10th Ed).
G5
C
PROFFER STATEMENT --
EC)T JUS CAPITAL PARTNERS
STONEWALL MAGISTERIAL DISTRICT
88.91+/- Acres
1.2. The development of the Property shall be in general conformance with the
GDP. However, upon the submission of final site or subdivision plans, minor modifications
and adjustments may be made to the road alignments, entrances, parking, dimensions of
the SWM/BMP facilities, the exact configuration and location of building footprints, and
other similar features shown on the GDP.
1.3. The maximum height of the each building shall be sixty feet (60').
2 TRANSPORTATION.
2.1 Within 90 calendar days of a written request by the County, the Applicant
shall dedicate approximately 17.05 acres to the Frederick County Board of Supervisors, as
depicted on the GDP, for the Future Route 37 Bypass.
2.2 Access to the Property shall be as shown on the GDP. Provided that access
to the buildable area of the Property is not impeded or eliminated, the Applicant shall not
place above grade improvements on the southeast corner of the Property near the terminus
of Lenoir Drive in such a way as to preclude the construction of proposed slip ramps that
are currently depicted on the graphic entitled "Eastern Road Plan — Lenoir Drive Slip Ramp
Clarification," created by the Frederick County Department of Planning and Development,
dated October 17, 2017, and attached hereto for reference. The southeast corner of the
Property is subject to existing easements and/or covenants of record, as of June 6, 2018.
2.3 Within 90 calendar days of a written request by the County, the Applicant
shall further dedicate such right-of-way as it may own at the terminus of Lenoir Drive for
the purpose of construction of access to existing Route 37 as described in Proffer 2.2 above.
2.4 The Applicant shall contribute $250,000 to the County for the purpose of
general transportation planning, right-of-way acquisition, or construction. It shall make
such contribution upon issuance of an occupancy permit for any building.
3 FIRE AND RESCUE.
3.1 The Applicant shall contribute to Frederick County the sum of $0.10 per
gross square foot of construction as depicted on each site plan, to be used for fire and rescue
purposes in the general area. The contribution shall be made at the time of issuance of the
occupancy permit for each structure.
2
05
PROFFER STATEMENT
EnUUS CAPI T AL PAR i 114 ERS _�_
STONEWALL MAGISTERIAL DISTRICT
88.91+/- Acres
4 CULTURAL RESOURCES.
4.1 The Applicant shall retain a qualified professional architectural historian to
perform a Historic American Building Survey (HABS) — standard level III, as defined by
the National Park Service Heritage Documentation Program on the residential building and
its associated agricultural buildings located on the property. The HABS standard level III
documentation shall be submitted to the Planning Director no later than with the
submission of a preliminary subdivision or preliminary site plan for the Property.
Following acceptance of the HABS standard level III documentation by the Planning
Director, the documentation shall be submitted to the National Park Service Heritage
Documentation Program.
4.2 The applicant, working with a qualified professional architectural historian,
shall inspect prior to demolition the non -heated areas of the residential building for the
presence of partially hidden or obscured historical artifacts or material. The applicant shall
notify the Planning Director of any historic artifacts or material that may be discovered
during the inspection and subsequent demolition of the residential building.
5 ESCALATOR.
5.1 In the event the monetary contributions set forth in this Proffer Statement
are paid to Frederick County within eighteen (18) months after final approval of this
rezoning, as applied for by the Applicant, 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 final 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 final approval of this rezoning to the most recently available CPI -U to the date the
contributions are paid.
[Signatures on following page.]
3
PROFFER STATEMENT
EQUUS CAPITAL PARTNERS
STONEWALL MAGISTERIAL DISTRICT
88.91+/- Acres C
SIGNA'T'URE PAGE ry
APPLICANT:
EQUUS CAPITAL PARTNERS, LTD
By:
Name: Jot�N �-NO
Title:
State of
County of-e!XLG�lL�
Subscribed and sworn to before me this 2CA
day of , 2018 in my
County and State aforesaid, by the aforenamed principa
NOTARY PUBLIC
My Commission Expires: Ly
My Notary Registration Number: % 1% q 3 3
colowmemot pei0nt1anlo • Notary sod
/tA9R C. � hWk
mew"MOF CUU0 00 bpkn Apt 30. 2NI
C0 Number t1690))
PROFFER STATEMENT
EQUUS CAPITAL PARTNERS
STONEWALL MAGISTERIAL DISTRICT
88.91+/- Acres
• wI C
Cheryl G m Morris, sole surviviVig tenant by the entirety
Commonwealth of Vir iiniia: 1
County of Frederick: /
Subscribed and sworn to before me this day of� 2018 in my
County and State aforesaid, by the aforenamed principal. a
NOTARY PUBLIC
My Commission Expires: d/, ao'-Z�
C f
My Notary Registration Number: 0( 0361
5
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ACTNE BUFFER I 20D ACRlS �.T.1-1J
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CATEGORY C'ZONMJG DISTRICT BUFFER
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'\ (SODETAIL)
1 ' FUTURE ROUTE 37./
RIGHT-OF-WAY DEDICATION
O `CC ..... NOTES'
•1 I �pQ$ i 1. BOUNDARY INFORMATION FOR SUBJECT PARCELS PROVIDED BY GREYWOLFE.
.� INC. TOPOGRAPHIC AND ADJOINING PROPERTY INFORMATION OBTAINED VIA
FREDERICKCOUNTY GIS RECORDS.
2. UTILITY CONNECTIONS WILL BE PROVIDED FROM EXISTING SERVICES AT LENOIR
DRIVE, WITH FINAL LOCATIONS AS DETERMINED DURING THE SITE PLAN DESIGN
LOCATION MAP.
SCALE: 1"= 3000'
PROJECT INFORMATION:
APPLICANT
EODUS CAPITAL PARTNERS, LTD.
CURRENT OWNER.
CHERYL &JOHN MORRIS
REFERENCE'
TM 43-A-21, 43.A-210, 43-1R 4, AND 43-A.J.A
STONEWALL MAGISTERIAL DISTRICT
PROPOSED USE:
WAREHOUSEIDISTRMUTION
ACREAGE
85.91 AC.
CURRENTZONING
RA
PROPOSED ZONING.
M-1
FLOODPLAIN:
10.14 ACRES (+/.) WITHIN FLOODPLAIN ZONE 'A'
PER FEMA FIRM 51069CO208D, 51089CO209D, AND
51069CO210D
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FREDERICK COUNTY
RZ #_ 18
SHEET NUMBER:
GDP
* f Urban Development Area
Sewer and Water Service Area
PMp Created by Fb,4Cn(k County Dept
a pbnning ana Development
October 17, 7017