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HRAB 12-21-04 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Historic Resources Advisory Board "If - FROM: Candice E. Perkins, Planner II `'' RE: December Meeting Agenda DATE: December 6, 2004 The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on Tuesday, December 21, 2004, at 7:30 p.m., in the Board of Supervisors' Executive Session Room* in the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. The HRAB will discuss the following items: A GENDA 1. Review of the North Stephenson rezoning proposal, submitted by Mr. Evan Wyatt of Greenway Engineering. 2. Discussion on the creation of bylaws for the HRAB. 3. HRAB Submission Requirements. 4. Meeting Dates for 2005. Please contact this office if you will not be able to attend the meeting. Thank you. *PLEASE NOTE MEETING LOCATION Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the building through the rear door of the Board Room. I would encourage committee members to park in the county parking lot located behind the new addition (accessible off of Cameron Street). CEP/bad Attachments 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601-5000 Item # 1 North Stephenson Rezoning The Historic Resources Advisory Board has been requested to review and provide comment on the North Stephenson rezoning proposal, which has been submitted by Greenway Engineering. The proposal seeks to rezone a 79.13 -acre parcel from RA (Rural Areas) Zoning District to the M1 (Industrial Transition) Zoning District. The property is located on Route 11 North/Martinsburg Pike, east of the intersection with Interstate 81 The impact statement for the proposed rezoning states that the property known as the Seven Oaks house (ID434-1067), which was listed as "potentially significant" in the Rural Landmarks Survey, has been demolished. The impact statement also states that the property was inventoried and cataloged both externally and internally by an architectural historian prior to the demolition. The Study of Civil War Sites in the Shenandoah Valley published by the National Park Service includes the North Stephenson property within the Second Battle of Winchester battlefield study area and also the Third Battle of Winchester study area. Both studies indicate that the majority of the properties are in an area that has lost its integrity as a battlefield resource; however, the southern portion of the property appears to have retained integrity. The properly is not located either within or immediately adjacent to core battlefield area. The applicant has proffered to prohibit the placement of signs to mitigate viewshed impacts from the 3rd Winchester Core Battlefield Area. Please find attached for your information: a map of the site; the impact analysis; and, the proffer statement provided by the applicant.. Representatives of the applicant will be available at the HRAB meeting to provide additional information on the proposed rezoning. Staff will be seeking comments from the HRAB on the historical elements possibly impacted by proposed development. The comments will be included in the rezoning application package for the North Stephenson rezoning proposal when it is submitted. Information from the Rural Landmark Survey, the National Parks Survey and the Third Winchester (Opequon) Battlefield Preservation Plan has been provided by staff. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Fee Amount Paid' Zoning Amendment Number, ' Date Receive PC Hearing DateBOS TH6arjnig Date The following information shall be provided by the applicant. All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. 2. 3. Applicant: Name: Greenway En ineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 Property Owner (if different from above) Name: North Stephenson, Inc. Telephone: (540) 667-4919 Address: 1800 Martinsburg Pike Winchester, VA 22603 Contact person if other than above Name: Evan Wy Telephone: (540) 662 -4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Continents _ ❑ Plat X Fees _ ❑ Deed to Property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Keven Omps John Omps 6. 7. A) Current Use of the Property: Trucking; Agricultural B) Proposed Use of the Property: Trucking; Light Industrial Adjoining Property: **See attached adjoining property owner list** ZO 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The subject properties front on the east side of Martinsburg Pike (U.S. Route 11 North), just north of the Interstate 81 Exit 317 northbound off -ramp, and immediately east of Redbud Road (Route 661). Information to be Submitted for Capital Facilities Impact Model NIJ In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Magisterial: Fire Service: Rescue Service: 10. 11. Stonewall Clearbrook Clearbrook Districts High School: Middle School: Elementary School James Wood James Wood Stonewall Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 79.13 RA, RP M-1 79.13 Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Single Family homes: Non -Residential Lots: Office: Retail: Restaurant: Number of Units Proposed Townhome: Mobile Home: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Other Multi -Family Hotel Rooms: 800,000 sq.ft. maximum structural area for light industrial and trucking 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): U Date: Owner (s): Date: Date: North Stephenson, Inc. Rezoning — Adjoining Property Parcel ID Number Use Zoning 43-((A))-99 Undeveloped B2, B3, M1 43-((A))-100 Residential B2 43-((A))-147 Undeveloped RP 43-((A))-149 Residential RP 43-((A))-153 Residential RA 43-((A))-154 Public RA 43-((A))-158 Undeveloped RA 43C-((3))-6 Residential RP 43C-((3))-9 Residential RP 43C-((5))-15 Residential RA 43C-((5))-16 Residential RA 43-((5))-17 Residential RA 44-((_A))-26 Undeveloped RA File #3485/EAW North Stephenson, Inc. Rezoning - Location Map NOV 8 UCK COUNTY & DEVELOPMENT IMPACT ANALYSIS STATEMENT NORTH STEPHENSON, INC. REZONING Stonewall District Frederick County, Virginia TM 43-((A))-150, 43-((A))-1519 43 -((A)) -151A, 43-((A))-152, 43C-((3))-29 43C-((3))-39 43C-((3))-4, 43C -((3))-4A9 43C-((3))-5, 43C -((3))-7A 79.13 Acres October 13, 2004 Current Owner: North Stephenson, Inc. Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy HiII Lane Winchester, VA 22602 540-662-4185 Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning NORTH STEPHENSON, INC. REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of ten contiguous parcels comprising a 79.13 -acre tract, owned by North Stephenson, Inc. The subject properties front on the east side of Martinsburg Pike (U.S. Route 11 North), approximately 200 feet north of the Interstate 81 Exit 317 northbound off -ramp, and immediately east of Redbud Road (Route 661). The current zoning of the parcels comprising the 79.13 -acre tract is RA, Rural Areas District and RP, Residential Performance District. North Stephenson Inc. proposes to rezone these parcels to establish 79.13 -acres of M1, Light Industrial District. See attached North Stephenson, Inc. Location and Zoning Map Exhibit. Basic information Location: East of Martinsburg Pike (Route 11), north of Interstate -81 Exit 317 and east of Redbud Road (Route 661) Magisterial District: Stonewall Property ID Numbers: 43-A-150, 43-A-151, 43 -A -151A, 43-A-152, 43C-3-2, 43C-3-3, 43C-3-4, 43C -3-4A, 43C-3-5, 43C -3-7A Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: COMPREHENSIVE PLAN RA, Rural Areas District RP, Residential Performance District Agricultural, trucking, office and residential uses Industrial Ml, Light Industrial District 79.13 -acre tract The parcels comprising the subject site are located within the study area boundary of the Northeast Land Use Plan. The policies guiding future land use development within the Northeast Land Use Plan are identified in Chapter 6 (Land Use) of the Comprehensive Policy Plan on pages 6-34 through 6-38.5. The recommendations of the Northeast Land Use Plan suggest that commercial and industrial land use should occur around the 2 Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning Interstate 81 Exit 317 interchange area, with an emphasis on industrial land use adjacent to the railroads within the study area. The subject site has approximately 2,600 linear feet (r/2 mile) of frontage along the CSX railroad and can accommodate rail spur and rail siding locations. The 79.13 -acre site is located within the Urban Development Area and the Sewer and Water Service Area; therefore, expansion beyond the existing property boundaries is not required by this application. A. SUITABILITY OF THE SITE Access The subject site, tax parcels 43-((A))-150, 43-((A))-151, 43 -((A)) -151A, 43-((A))-152, 43C-((3))-2, 43C-((3))-3, 43C-((3))-4, 43C -((3))-4A, 43C-((3))-5, and 43C -((3))-7A, are situated in the southeast quadrant of the Interstate 81 Exit 317/Martinsburg Pike (U.S. Route 11) interchange area. The 79.13 -acre site has frontage along Martinsburg Pike and along Redbud Road (Route 661). The Northeast Land Use Plan identifies a new major collector road, which connects Old Charles Town Road (Route 761) to Martinsburg Pike. The location of the new major collector road intersection with Martinsburg Pike was established during the rezoning and master development plan process associated with the Rutherford's Farm Industrial Park. Therefore, the new major collector road is planned to traverse the subject site along the northern boundary of tax parcel 43-((A))-150 and is planned to run near the subject property's eastern boundary and intersect Martinsburg Pike (U.S. Route 11). The Interstate 81 widening project is anticipated to relocate the northbound off -ramp to align with Martinsburg Pike at the current location of the Redbud Road intersection with Martinsburg Pike. This road improvement project will ultimately result in the need for Frederick County to determine an acceptable route to relocate traffic flow from Redbud Road to Martinsburg Pike. The applicants' proffer statement has made provisions for the dedication of a 50 -foot right-of-way through the subject property that will allow for future displaced traffic to access Martinsburg Pike at the signalized intersection associated with the new major collector road. Furthermore, the applicants' proffer statement prohibits commercial entrances along Redbud Road. Flood Plains The subject site is located on the FEMA NFIP map #510063-0105 -B. The entire site is located as "Zone C", area outside the 100 -year flood plain. 3 Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning Wetlands The National Wetlands Inventory Map identifies One wetland area in the southwestern portion of the 79.13 -acre parcel, which is a man-made impoundment. The treatment of this wetland area will be determined during the master development plan process for the future industrial site. Steep Slopes There are no steep slopes on the subject site. Mature Woodlands Two areas of mature deciduous trees exist on the 79.13 -acre site, which are located in the northwestern portion of the subject site. It is anticipated that these areas will be impacted by the future development of industrial sites, parking areas and by the future relocation of Redbud Road. In April 2003, the Board of Supervisors adopted an ordinance to eliminate a maximum disturbance percentage for woodland areas on commercial and industrial properties and to require higher planting standards for parking lot areas. Site plans for the 79.13 -acre property will comply with these standards. Soil Types The Soil Survey of Fredrick County, published by the USDA Soil Conservation Service was consulted to determine soil types contained in this tract. The subject site is located on map sheet number 24 & 30, and contains the following soil types: 513 -Carbo Silt Loam: 2-7% slope 5C -Carbo Silt Loam: 7-15% slope 6C -Carbo Oaklet Silt Loam, very rock 2-15% slope 3213-0aklet Silt Loam: 2-7% slope The 513 -Carbo Silt Loam and 32B-Oaklet Silt Loam soils are identified on page 123 as prime farmland soils. All soil types possess moderate to high shrink -swell potential. Karst Features The geology associated with the subject site has the potential for the presence of karst features. The delineation of karst features throughout the project site is proffered to occur during the master development plan process. Furthermore, the proffer statement provides for geotechnical analysis during the site development plan process for any 10 Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning development that will occur within close proximity of identified karst features to determine appropriate treatment methods to ensure that structural development, stormwater management facilities and storrnwater discharge does not Negatively impact these features. B. SURROUNDING PROPERTIES Adjoining propegy zoning and present use: North: Zoned Rural Areas (RA) South: Zoned Rural Areas (RA) East: Zoned Rural Areas (RA) West: Zoned Residential Performance (RP) Zoned Business General District (132) C. TRANSPORTATION Use: Residential and Unimproved Use: Residential and Agricultural Use: Agricultural Use: Residential Use: Rutherford's Farm Indust. Park The 79.13 -acre site has approximately 1,300 feet of frontage along Martinsburg Pike (U.S. Route 11 North), which is classified as a major arterial road; approximately 2,400 feet of frontage along Redbud Road (Route 661), which is classified as a local street; and will have approximately 1,300 feet of frontage along the new major collector road that is identified to follow the northern boundary of the industrial site. A traffic impact analysis (TIA) has been prepared for the 79.13 -acre site by Patton Harris Rust, which is dated September 22, 2004 and included as a component of the Impact Analysis Statement. The TIA assumes the total build out of 800,000 square feet of industrial land use by year 2015. The TIA provides for a Level of Service (LOS) analysis, AM and PM peak hour traffic volumes and Average Daily Trip volumes for existing, background and build out conditions. It should be noted that the background traffic data accounts for the buildout of the Rutherford's Farm Industrial Park and the Stephenson Village Residential Planned Community, as well as a 5% increase in regional traffic generation on Martinsburg Pike compounded annually throughout the 2015 project buildout year. The applicants' proffer statement has been designed to prohibit access to Redbud Road, as this intersection with Martinsburg Pike fails during peak hour traffic volumes. Therefore, the applicants' propose to provide access to the 79.13 -acre industrial site at the planned signalized intersection with Martinsburg Pike and the Rutherford's Farm Industrial Park major collector road entrance. The TIA assumes both the projected traffic impacts from major developments in the immediate area of this project, as well as an 5 Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning average annual increase in traffic on Martinsburg Pike to account for regional traffic impacts. Furthermore, the TIA assumes the improvements that have been proffered for the Martinsburg Pike corridor from these future developments. The TIA demonstrates that the background traffic volumes create a Level of Service "D" at the signalized intersection of Martinsburg Pike and the new major collector road, and further demonstrates that this intersection functions at the same Level of Service "D" assuming the total build out of 800,000 square feet of industrial land use on the 79.13 - acre site. Therefore, the addition of the 5,874 vehicle trips projected from the industrial site does not reduce the Level of Service at the intersection of Martinsburg Pike and the new major collector road from the Level of Service that is projected to occur solely from background traffic volumes. The applicants' proffer statement provides for on-site and off-site improvements to the surrounding transportation system, including dual left turn lanes on the southbound Martinsburg Pike approach to the project site, a continuous right turn lane within the Martinsburg Pike right-of-way from the intersection of Redbud Road to the signalized intersection into the project site, the execution of a signalization agreement with VDOT for traffic signalization at the intersection of Martinsburg Pike and the major collector road aligning with Renzi Drive at the Rutherford's Farm Industrial Park, the dedication of right-of-way for the ultimate design of the major collector road from the signalized intersection at Martinsburg Pike to the CSX railroad, the provision of right-of-way dedication along Redbud Road for the proposed Interstate 81 widening, and the dedication of a 50 -foot right-of-way through the subject site for the relocation of Redbud Road that is anticipated to be severed from its current intersection at Martinsburg Pike as a result of the Interstate 81 widening project. These proffered on-site and of -site improvements will maintain the LOS projected from background traffic impacts and therefore, will mitigate the transportation impacts associated with 79.13 -acre industrial development. D. SEWAGE CONVEYANCE AND TREATMENT The 79.13 -acre subject site is located within the Sewer and Water Service Area (SWSA) boundary. The Frederick County Sanitation Authority (FCSA) developed the Route 11 North Sewer and Water Service Area plan to serve the northeast portion of the County, which was approved by the Board of Supervisors in 2002. An 8" sewer force main directing flow to the Redbud Run Pump Station serves a portion of the northeast area of the County. This 8" sewer force main is constructed within the Redbud Road (Rt. 661) right-of-way, which adjoins the subject site. Sewage effluent from the industrial site will be directed through a series of force mains and gravity lines to the Opequon Water Reclamation Facility. This treatment facility has a hydraulic capacity of 8.4 MGD, which has flows allocated to the FCSA and the City of Winchester Public Utilities. The on-site sewer infrastructure required to convey effluent to the rol Greenway Engineering October 13, 21004 North Stephenson, Inc. Rezoning treatment facility will be developed by the applicants to standards acceptable to the FCSA for future operation and maintenance. The impact of rezoning the 79.13 -acres can be based on comparable discharge patterns of 500 gallons -per -day (GPD) per acre for industrial land use. The figures below represent the impact that the total build out of the proffered square footage of structural area has on the sewage conveyance and water supply systems. Q = 500 GPD per acre Q = 500 GPD x 79.13 acres Q = 39,565 GPD projected at total build out The proposed rezoning is projected to increase flows to the Opequon Water Reclamation Facility by 39,565 GPD at total build out. The design capacity of the Opequon Water Reclamation Facility is currently 8.4 MGD, of which 6.4 MPD is utilized. The projected increase of 39,565 GPD at total build out represents a 1.9% increase in the current available capacity of the treatment facility; therefore, adequate capacity and infrastructure is available for this industrial development. E. WATER SUPPLY The 79.13 -acre subject site is located within the Sewer and Water Service Area (SWSA) boundary. The Frederick County Sanitation Authority (FCSA) developed the Route 11 North Sewer and Water Service Area plan to serve the northeast portion of the County, which was approved by the Board of Supervisors in 2002. A 10" water line is located along the eastern side of Martinsburg Pike (U.S. Route 11), which traverses the 79.13 -acre site. Furthermore, a 20" water transmission line is currently in place on the west side of Martinsburg Pike, which is planned to follow the major collector road serving the Rutherford's Farm Industrial Park and this industrial development. The on-site water infrastructure required to convey potable water to the proposed industrial uses will be developed by the applicants to standards acceptable to the FCSA for future operation and maintenance. The impact of rezoning the 79.13 -acres can be based on comparable water usage of 1,000 gallons -per -day (GPD) per acre for industrial land use. The figures below represent the impact that the total build out of the proffered square footage of structural area has on the water supply system. Q = 1,000 GPD per acre Q = 1,000 GPD x 79.13 acres Q = 79,130 GPD projected at total build out The projected water usage for the proposed rezoning is 79,130 GPD at total build out. This projection represents approximately 3.9% of the North Water Treatment Plant 7 Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning current capacity of 2 MGD. The North Water Treatment Plan is designed to increase treatment capacity to approximately 4 MGD. Therefore, the existing source and infrastructure is adeauate to accommodate the capacity needs of the_. proposed 79.13 -acre industrial site at total build out. F. DRAINAGE The 79.13 -acre parcel is gently sloping and drains from the north and west towards the southeastern portion of the project site. On-site storm water management facilities will be designed to adequately accommodate the post -development conditions. The applicants have proffered to prepare a geotechnical analysis for the purpose of identifying any suspect karst depressions and to ensure that proposed developed- areas do not adversely impact water quality through storm water management design. Storm water management will be designed in accordance with all applicable state and local storm water management requirements and erosion and sedimentation control. G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual business consumption of landfill volume of 5.4 cubic yards per 1,000 sq ft. of structural floor area (Civil Engineering Reference Manual, 4th edition). The following figures show the increase in average annual volume based on the 800,000 square feet of industrial square footage that is projected to develop over a 10 -year period: AV = 5.4 Cu. Yd. per 1,000 sq. ft. AV = 5.4 Cu. Yd. x 800 (1,000 sq. ft.) AV = 4,320 Cu. Yd. at build-out/yr or 3,024 tons/yr at build -out AV = 3,024 tons/yr divided by 10 -yr build -out = 302.4 ton annual increase The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected annual solid waste generation from the subject site is anticipated to be 302 tons per year, which represents a 0.15% increase in the solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. This projected annual increase in solid waste generation is manageable and can be accommodated by the Regional Landfill. H. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies the Seven Oaks residential structure (#34-1067) as potentially significant, although this structure was not deemed Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning eligible for the state or national register of historic places. The applicants' utilized Seven Oaks as a residential rental property over the years and recently razed the structure under an approved demolition permit issued by Frederick County. Prior to obtaining this demolition permit, the applicants' determined that the Seven Oaks structure did not lend itself as an adaptive reuse structure for commercial or industrial use. Furthermore, the applicants' were advised that the Shenandoah Valley Battlefield Foundation (SVBF) did not desire to pursue acquisition of the Seven Oaks residence for use as a tourist center. However, prior to razing the residence, the applicants' allowed the structure to be photographed, inventoried and cataloged both externally and internally by an architectural historian. The southeastern corner of the subject site is located across Redbud Road (Route 661) from the former Stine parcel, which was acquired by the Shenandoah Valley Battlefield Foundation. A portion of the 3rd Winchester Core Battlefield Area is located approximately 900 feet southeast of the southeastern corner of the proposed industrial site. The CSX Railroad crosses Redbud Road at the divide of the subject site and the SVBF parcel. The potential for rail -spur and rail siding is very good beginning at this location and proceeding north along the CSX Railroad for approximately 1,200 linear feet. Therefore, it is anticipated that industrial structural development will be located at least 1,000 linear feet from the 3rd Winchester Core Battlefield Area due to the location of rail -spur and rail -siding. The applicants' have proffered to prohibit illuminated and non - illuminated business signs along the 1,400+ feet comprising the eastern property line of tax parcel 43-((A))-152. The distance between future industrial structures and the 3rd Winchester Core Battlefield Area, coupled with the elimination of business signs along the eastern boundary of tax parcel 43-((A))-152 will assist in the mitigation of impacts to the viewshed associated with the 3rd Winchester Core Battlefield Area. I. IMPACT ON COMMUNITY FACILITIES The Frederick County Capital Facilities Fiscal Impact Model has been prepared for the proposed rezoning of the 79.13 -acre site based on a proffered maximum square footage of 800,000 square feet of industrial land use. The results of the Capital Facilities Fiscal Impact Model identify that the build -out of this square footage will generate $6,034,694.00 in revenues for capital facilities needs in the community. The Capital Facilities Fiscal Impact Model identifies an impact to fire and rescue services, which has been further mitigated by the applicants' proffered monetary contribution of $0.01 per square foot of structural development on the subject site. This monetary proffer would result in an additional $8,000.00 for fire and rescue services if the proffered maximum square footage is developed on the subject site. No additional impacts to community facilities are anticipated by this rezoning application. I -_Gr -e October 13, 2004 North Stephenson, Inc. Rezoning - - J _ NORTH STEPHENSON, INC. _ FREDEPcw T REZONING PLP,"\!id!PdG & fl , rt-ejc X42- e d l 5 d (All_1GIA d2_ l- ((. _))-150, 3-((A1)-1. �, 3-(V.11 , - ((<�), 1! 5.., 43C-((3))-2, 43C-((3))-3, 43C-((3))-4, 43C -((3))-4A, 43C-((3))-5, 43C -((3))-7A Stonewall Magisterial District 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 applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of the 79.13 -acres tract from the Rural Areas (RA) District, to Light Industrial (MI) District, development of the subject 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 applicant 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 applicants and their legal successors, heirs, or assigns. The subject property is more particularly described as the land owned by North Stephenson, Inc. being all of Tax Map Parcels 43-((A))-150, 43-((A))-151, 43 -((A)) - 151A, 43-((A))-152, 43C-((3))-2, 43C-((3))-3, 43C-((3))-4, 43C -((3))-4A, 43C-((3))-5, and 43C -((3))-7A, as evidence by recorded property deeds in the Frederick County Clerk of Court Office included with this rezoning proposal. PROJECT PROFFER STATEMENT 1.) Transportation a) The applicants hereby proffer to construct, or cause for the construction of dual left turn lanes on Martinsburg Pike (U.S. Route 11 North) to facilitate turning movements at the major collector road intersection, which will align with Renzi Drive at the Rutherford's Farm Industrial Park. The dual left turn lanes will be developed at the same time that the Rutherford's Farm Industrial Park improvements to Martinsburg Pike are constructed. b) The applicants hereby proffer to construct, or cause for the construction of a continuous right turn lane within the Martinsburg Pike (U.S. Route 11 North) right-of-way from the intersection of Redbud Road (Route 661) to File #3485/EAW Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning the major collector road intersection serving as the primary entrance to the 79.13 -acre project site. A traffic study will be prepared and submitted to VDOT as a component of the site development plan for each proposed land use on the 79.13 -acre site to allow VDOT to determine when the proffered improvement is warranted. c) The applicants hereby proffer to provide for the dedication of right-of-way and for the allowance of temporary construction easements needed for the ultimate design of the major collector road from the CSX railroad to Martinsburg Pike. The dedicated right-of-way shall provide for the improvements identified from station 10+00 to station 24+00 on the Stephenson Village Major Collector Road Plan and CSX Crossing prepared by Greenway Engineering and dated October 2004, which is included as an exhibit with this proffer statement. d) The applicants hereby proffer to enter into a signalization agreement with VDOT for the provision of a traffic signal at the major collector road intersection with Martinsburg Pike, which will align with Renzi Drive at the Rutherford's Farm Industrial Park. The signalization agreement shall provide for the pro -rata share of the traffic signal based on the projected traffic volumes identified in the Traffic Impact Analysis (TIA) compared to the projected traffic volumes identified in the TIA for the Rutherford's Farm Industrial Park and the TIA for the Stephenson Village Residential Planned Community. e) The applicants hereby proffer to prepare and submit a traffic study to VDOT as a component of the site development plan for each proposed land use on the 79.13 -acre site to a determine the portion of the major collector road that will be required to be constructed based on the impacts associated with each future land use. f) The applicants hereby proffer to dedicate right-of-way to VDOT along Redbud Road for future improvements to the Interstate 81 Exit 317 interchange area. This right-of-way shall be dedicated to VDOT within 180 days of final engineering plan approval. The preparation of right-of- way dedication plats and legal documents associated with this dedication shall be prepared by parties other than the property owners. g) The applicants hereby proffer to dedicate a 50 -foot right-of-way to VDOT for the purpose of realigning Redbud Road (Route 661) from the current intersection at Martinsburg Pike (U.S. Route 11 North) to connect to the major collector road on the subject site. The purpose of the 50 -foot right- of-way dedication is to provide VDOT and Frederick County with an appropriate alternative to relocate Redbud Road resulting from the Interstate 81 widening project. The dedicated 50 -foot right-of-way will connect to the intersection that is identified at station 17+00 on the File #3485/EAW 2 Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning Stephenson Village Major Collector Road Plan and CSX Crossing prepared by Greenway Engineering and dated October 2004, which is included as an exhibit with this proffer statement. The location of the 50 - foot right-of-way to connect to this intersection will be agreed upon by VDOT and the property owners and will be made available at such a time that VDOT deems necessary. The preparation of right-of-way dedication plats and legal documents associated with this dedication shall be prepared by parties other than the property owners. The construction of the realigned portion of Redbud Road shall occur by parties other than the property owners. h) The applicants hereby proffer to prohibit commercial entrances along the western property line on tax parcel 43-((A))-152 adjoining the Redbud Road (Route 661) right-of-way. This proffer is intended to prohibit commercial entrance locations on the current alignment of Redbud Road and is not intended to prohibit commercial entrances internally to the subject site should Redbud Road be realigned through the subject site resulting from the widening of Interstate 81. 2.) Structural Development The applicants hereby proffer to limit the structural development on the 79.13 -acre to a maximum of 800,000 square -feet of total floor area. 3.) Environmental Protection The applicants hereby proffer to provide for the delineation of karst features located on the 79.13 -acre site as a condition of master development plan approval. The applicants further proffer to conduct geotechnical analysis for each site plan in which structural development or other site improvements are located within 50 feet of identified karst features. The geotechnical analysis reports and methods for treatment of impacts shall be provided to the Frederick County Engineer for review as a condition of site development plan approval. 4.) Viewshed Mitigation The applicants hereby proffer to prohibit the placement of freestanding and building mounted illuminated and non -illuminated business signs facing the eastern property line of tax map parcel 43-((A))-152 to mitigate viewshed impacts from the 3rd Winchester Core Battlefield Area. File #3485/EAW 3 Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning 5.) Fire and Rescue Monetary Contribution The applicants hereby proffer to provide a monetary contribution of .$0.01 per square foot of structural development on the 79.13 -acre site occurring subsequent to rezoning approval. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for structural development, which may generate a maximum monetary contribution of $8,000.00 based on the proffered maximum square footage of structural development. The applicants would prefer that this monetary contribution be directed to the Clearbrook Volunteer Fire and Rescue Company, which will provide first due response to the subject site. 6.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and 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: IC Keven Omps. Date John Omps Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20_ by Notary Public My Commission Expires File #3485/EAW 4 , Z, ZIO � r ��\ f h U.S. 0 i-It o Wmchester1� �r'Yt• `� �` —_ �- ���- r A � i �,� �/ J � 7 • '��� O � ark Co. ' to.i xtwlty i Ex Slody Ana Boundary ( ! s ' Frederic 0. _k Con An Sines. and RMn /;��` 0{ county or city Boeadary ���-f ( %�` 2'`^ 3 r ,.We N '�, moss MAP 25: SECOND WINCHESTER INTEGRITY - 1991 (Numbers keyed to battle phases) _Ex. a3 FIX 1-81 rg If jk City of Winchestert� t 1 10: x' 80 Frederick Co. Clarke Co. to Med Nteprity Lost Mt.grity Iv t Study Are. Boundary \� I Core Ara. boundary Rode 1=1mistream ..d Rwere ale _= miles At. Countyeor City Boundary MAP 35: OPEQUCIN INTEGRITY - 1991 (Numbers keyed to battle phases) Study Area Map Key: Figure 1-2 Project Study Area NPS -Designated Core Battlefield Area Third Winchester (Opequon) Battlefield Preservation Plan Frederick County, Virginia Prepared by Strategic Land Planning, Inc. in association with: Joseph Whitehorn, Ph.D. Clarence Geier, Ph.D. ®.'. Countyof Frederick Department of Planning & Development r BYLAWS FREDERICK COUNTY HISTORIC RESOURCE ADVISORY BOARD ("HRAB) I. Purpose of the HRAB 1.1 Mission Statement - Provide guidance to the Planning Commission and Board of Supervisors on issues concerning the County's historic resources. 1.2 The HRAB was created in 1987 by the Frederick County Board of Supervisors to consider the impact of a rezoning or development on historically and architecturally significant sites and structures. 1.3 The HRAB will make recommendation of applications, either approval, approval with conditions or denial. The recommendation will be based upon the proposed treatment of historic resources as well as the degree of their significance. If conditions are placed on the application, they shall be based on attached document `Formulating Good Recommendations' II. Membership 2.1 The HRAB consists of nine voting members, one member from each magisterial district and three members at large. In addition to a Planning Commission Liaison, a staff member from the Planning Department, as well as an historic preservation consultant that advises the Board, also attend the meetings. 2.2 Members are appointed by the Board of Supervisors. 2.3 The Chairman and Vice Chairman shall be elected by the HRAB for a term of one year. 2.4 The HRAB will have an annual training session. 2.5 HRAB members will be encouraged to attend outside training sessions and conferences. 2.5 If an HRAB member has a conflict of interest with an application, it is expected that they refrain from making recommendations. III. Meetings 3.1 Meetings are held every third Tuesday of the month from 7:30pm to 9:00pm as needed, meetings are also open to the public. 3.2 Special meetings may be called for training sessions or if more time is needed for discussion of applications. Special meetings must be voted on by the HRAB and a majority vote must be obtained. 3.3 The staff member for the HRAB is required to make site inspections for all applications. The HRAB members are also encouraged to make site visits. 3.4 Since the HRAB is an advisory Board and only makes recommendations, public hearing and public notices are not required. 3.5 A majority is required for an approval or denial recommendation; however, all recommendations will be recorded. 3.6 The HRAB will be courteous and respectful to each other and all applicants. SUBMISSION REQUIREMENTS 1. Projects Requiring Historic Resource Advisory Board Review For all applications and plans subject to HRAB review, the HRAB may require the submission of any or all of the following information and any other materials as may be deemed necessary for the proposals review: 1.1 Copy of Rezoning, Master Development Plan, Conditional Use Permit application and supporting materials, including at a minimum: 1.1.1 Completed land use application 1.1.2 Impact analysis required by Section 165-12 of the Frederick County Zoning Ordinance, including the location of historic structures and sites in relation to the site and impacts on those historic structures and sites 1.1.3 Any conditions proposed by the applicant to preserve historic and archaeological resources on the site pursuant to Section 165-13 of the Zoning Ordinance. 1.2 Description of proposed development or construction project, including proposed uses and general timeframe for development; 1.3 Preliminary Generalized Development Plan, Master Development Plan or conditional use site plan for the property, if available, showing the type and location of proposed new development and the treatment of any historic structures and features on the site; 1.4 Status of any identified historic or archaeological resources on the site (e.g, located in any identified historic area, survey area, or battlefield site or individually listed on a local, state or national historic register) and presence of other historic structures or significant landscape features or archaeological sites; 1.5 Any relevant information on record with the Virginia Department of Historic Resources pertaining to the site or to adjacent historic properties; 1.6 Photographs of the site and adjacent properties showing existing buildings and the relationship of the proposed project to the surrounding streetscape and landscape. 1.7 Photographs of all historic resources on the property, including interior views that identify the character and defining features of the site. FREDERICK COUNTY HISTORIC RESOURCES ADVISORY BOARD (HRAB) 2005 TENTATIVE MEETING DATES January 18 February 15 March 15 April 19 May 17 June 21 July 19 August 16 September 20 October 18 November 15 December 20 HRAB meetings are tentatively scheduled for the third Tuesday of each month and begin at 7:30p. m. For further information, please call Candice Perkins at 540-665-5651.