64A158_PerryPropertiesAction:
ORDINANCE
PLANNING COMMISSION: Decernber• 4, 2019 Public Hearing Held, Recommended Approval
BOARD OF SUPERVISORS: January 8, 2020 Adopted
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #04-19 PERRY PROPERTIES, LLC
WHEREAS, REZONING #04-19, PERRY PROPERTIES, LLC, was submitted by Greenway Engineering, Inc.
to rezone 6.18+/- acres from the M I (Light Industrial) District to the B2 (General Business) District with proffers,
with a final revision date of October 17, 2019. The subject property is located at the north side of Millwood Pike
(Route 50 East) and the west side of Constitution Drive in the Shawnee Magisterial District, and is identified by
Property Identification No. 64-A-158; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 4, 2019 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 8, 2020; 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 6.18+/- acres from the M 1 (Light Industrial) District to
the B2 (General Business) District with proffers with a final revision date of October 17, 2019. The conditions
voluntarily proffered in writing by the Applicant and the Property Owner are attached.
This ordinance shall be in effect on the date of adoption. Passed this 8", day of January 2020 by the following
recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
7 �Z*7
Kris . Ti
Frederick County Administrator
PDRes. #01-20
BOS Res. X6043-20
VIRGINIA.: FREDERICK COUN TY, SCT.
Vhis instrument of writing was produced to me on
!d with certificate of acknowledgement thereto annexed
as admitted to record. Tax imposed by Sec. 58.1-802 of
AR—and 58.1-801 have been paid, if assessable
4„w Iz�'v ,Clerk
Greenway Engineering
200000561
June 19, 2019
Revised October 17, 2019
Tax Parcel 64-A-158 (portion)
PERRY PROPERTIES COMMERCIAL REZONING
TAX PARCEL 64-A-58 (portion)
PROFFER STATEMENT
REZONING: RZ# 04- 1
M-1, Light Industrial District to B-2, Business General District and M-
1, Light Industrial District
PROPERTY: Tax Parcel 64-A-158 (here -in after the "Property")
RECORD OWNER: Perry Properties, LLC
APPLICANT: Perry Properties, LLC (here -in after "Owner")
PROJECT NAME: Perry Properties Commercial Rezoning
ORIGINAL DATE
OF PROFFERS: June 19, 2019
REVISION DATE: October 17, 2019
lbiskcvA,Q 0j,4VICfi , F
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 Owner hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia, shall approve Rezoning Application # 0 4- 19 for the rezoning of a 6.18±
acre portion of the 44.97± acre Property from the M-1, Light Industrial District to establish
6.18± acres of B-2, General Business District with proffers specific to the B-2, General
Business District acreage, development of 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 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 Owner and any legal
successors, heirs, or assigns.
The Property is identified as Tax Map Parcel 64-A-158, owned by Perry Properties, LLC
recorded as Deed Book 670 Page 257 and subsequently adjusted as identified by Boundary
Line Adjustment Plat prepared by Gilbert W. Clifford & Associates, Inc., recorded as
Instrument No. 020001149. The 6.18± acre portion of the Property proposed to be rezoned
B-2, General Business District is further identified by the attached Rezoning Plat On The
Land of Perry Properties (Tax Parcel 64-A-158) prepared by Greenway Engineering, Inc.,
dated May 8, 2019 that is included as part of the Proffer Statement.
File #0297/EAW
Greenway Engineering June 19, 2019 Tax Parcel 64-A-158 (portion)
Revised October 17, 2019
PROFFER STATEMENT
A) Transportation Improvements
1. The Owner proffers to improve the Constitution Drive southbound travel lanes to
provide the same widths as the Constitution Drive northbound travel lanes between
Location A and Location B on the attached Perry Properties Transportation
Improvements Exhibit dated October 17, 2019. The Owner shall dedicate right-of-
way and necessary easements as depicted on the approved public improvement plan
sufficient for the Constitution Drive widening between Location A and Location B.
The Owner shall complete the improvements and dedicate the right-of-way and
necessary easements identified in this Proffer Section prior to the issuance of the first
certificate of occupancy permit within the B-2 District portion of the Property.
2. The Owner proffers to construct a full access commercial entrance on Constitution
Drive that is generally located at Location B on the attached Perry Properties
Transportation Improvements Exhibit dated October 17, 2019. The final location of
the full access commercial entrance and required right turn lane/taper and left turn
lane/taper will be approved by VDOT during the initial Site Plan within the B-2
District portion of the Property. The Owner shall complete the improvements
identified in this Proffer Section prior to the issuance of the first certificate of
occupancy permit within the B-2 District portion of the Property.
3. The Owner proffers to construct a right-in/right-out commercial entrance on
Millwood Pike that is generally located at Location C on the attached Perry Properties
Transportation Improvements Exhibit dated October 17, 2019. The final location of
the right-in/right-out commercial entrance and the right turn lane/taper described in
Proffer Section A4 will be approved by VDOT during the initial Site Plan within the
B-2 District portion of the Property. The Owner shall complete the improvements
identified in this Proffer Section prior to the issuance of the first certificate of
occupancy permit within the B-2 District portion of the Property.
4. The Owner proffers to construct a right turn lane along Millwood Pike between the
Constitution Drive intersection and the right-in/right-out commercial entrance on
Millwood Pike that is generally located between Location A and Location C on the
attached Perry Properties Transportation Improvements Exhibit dated October 17,
2019. The Owner shall complete the improvement identified in this Proffer Section
prior to the issuance of the first certificate of occupancy permit within the B-2 District
portion of the Property.
5. The Owner proffers to construct an internal private road network to provide ingress
and egress to the full access commercial entrance on Constitution Drive and the right -
File #0297/EAW
CD
C
Greenway Engineering June 19, 2019 Tax Parcel 64-A-158 (portion)
Revised October 17, 2019
in/right-out commercial entrance on Millwood Pike Constitution Drive that is
generally located between Location B and Location C on the attached Perry`
Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner
shall complete the improvement identified in this Proffer Section prior to the issuance
of the first certificate of occupancy permit within the B-2 District portion of the
Property.
6. The Owner proffers to provide for right-of-way dedication along the Millwood Pike
frontage of the B-2 District portion of the Property as depicted on the attached Perry
Properties Transportation Improvements Exhibit dated October 17, 2019. The right-
of-way dedication plat will be prepared and submitted to VDOT within 90 days of
final non -appealable rezoning approval by Frederick County.
7. The Owner proffers to construct a 10' wide asphalt hikerlbiker trail along the
southeastern boundary of the Property between Location A and Location B on the
attached Perry Properties Transportation Improvements Exhibit dated October 17,
2019. The 10' wide asphalt hiker/biker trail will be located adjacent to and outside of
the Constitution Drive public right-of-way and will serve as an alternative to a five-
foot sidewalk. The Owner shall complete the improvement identified in this Proffer
Section prior to the issuance of the first certificate of occupancy permit within the B-2
District portion of the Property.
8. The Owner proffers to construct a 10' wide asphalt hiker/biker trail within the
Millwood Pike right-of-way between Location A and Location C on the attached
Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The
10' wide asphalt hikerlbiker trail will serve as an alternative to a five-foot sidewalk
and will be located a minimum of three feet from the B-2 District property line
between Location A and Location C to provide for an appropriate maintenance strip.
The Owner shall complete the improvement identified in this Proffer Section prior to
the issuance of the first certificate of occupancy permit within the B-2 District portion
of the Property.
9. The improvements to the Millwood Pike/Constitution Drive intersection were based
on a VDOT approved traffic study that assigned 3,000 VPD background traffic for
the Property. The Owner proffers to utilize current ITE Trip Generation Manual
projections for the identified land use on each Site Plan within the B-2 District
portion of the Property to determine when the cumulative traffic volume of
development projects exceed 3,000 VPD. The Owner proffers to submit traffic
studies as a component of all Site Plans within the B-2 District portion of the Property
when cumulative traffic volumes exceed 3,000 VPD to determine traffic impacts to
the Millwood Pike/Constitution Drive intersection or to the portion of Constitution
Drive serving the B-2 District portion of the Property. The Owner will be responsible
for the construction of improvements to the Millwood Pike/Constitution Drive
intersection or to the portion of Constitution Drive serving the B-2 District portion of
File #0297/EAW
Greenway Engineering
June 19, 2019
Revised October 17, 2019
Tax Parcel 64-A-158 (portion)
the Property identified in the traffic study for each Site Plan prior to the issuance of a
certificate of occupancy permit for each Site Plan.
10. The Owner proffers to require all Site Plans for parcels within the B-2 District portion
of the property that have Millwood Pike frontage to provide landscaping that is in
addition to the landscaping requirements specified in Section 165-202.02.011)(13) of
the Frederick County Zoning Ordinance. The additional landscaping shall include
flowering plants and ornamental grasses planted in mulch beds along the Millwood
Pike frontage of the B-2 District portion of the Property that will be located between
the road right-of-way and the parking lot setback line as demonstrated in the
Landscape Enhancement Area Detail provided on the attached Perry Properties
Transportation Improvements Exhibit dated October 17, 2019.
B) Monetary Contributions
The owner proffers to provide a monetary contribution of $0.10 per developed building
square foot for County Fire and Rescue services. The monetary contribution shall be
made payable to Frederick County at the time of issuance of the certificate of occupancy
permit for development on the 6.18± acre portion of the Property proposed for B-2,
District zoning.
OWNER SIGNATURE ON FOLLOWING PAGE
File #0297/EAW
Greenway Engineering
Owner Signature
June 19, 2019
Revised October 17, 2019
Tax Parcel 64-A-158 (portion)
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Owner. In the event the
Frederick Countv 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:
Perry Properties, '1✓C Date
Michael Perry, President
Commonwealth of Virginia, �%
City County of Fr d.11' E:CTn To Wit:
The foregoing instrument was acknowledged before me this f day of &nye-mit✓ f-
20/�by
Pe r-rA
otary ulllic
My Commission Expires OG- D A x� Q3/, 'QC)a
SETTIE A. :31,
SON
NOTARC
REG. F(ODCOM:
MONWEAVIRGINIA
COMMISPIRES
OCT06E21
File #0297/EAW
CURVE TABLE
UNE TABLE
RESIDUE OF T.M. 64-A-158
PERRY PROPERTIES; L.P.
D.B. 670 PG. 257
ZONE. Ml
38.78 ACRES BY SUBTRACTION 4410 L 1
—T -40191j7 --T-412-26
POR77ON OF
T.M. 64-A-158
TO BE REZONED TO B2 N
I h 6.1885 ACRES
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DEDICATION AREA
0.0614 ACRES —`— *11H
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N 36'1147' W 307.83'
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WEST BOUND LANE ROUTE 50 —`
REZONING PLAT
ON THE LAND OF
PEMYPROPER77ES
(TAX PARCE 64 A—M
SHAWNEE MAGISTERML DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1 " = 100' 1 DATE- MAY 8 2019
GREENWAVY ENGINEERING, .NC.
{"151 Windy Hill Lane
Engineers Winchester, Trtrginia 22602
Suryeyors Telephone: (540) 662-4185
FAX (540) 722-9528
Founded in 1971 www.greenwayengcom
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RESIDUE OF T.M. 64-A-158
PERRY PROPERTIES; L.P.
D.B. 670 PG. 257
ZONE. Ml
38.78 ACRES BY SUBTRACTION 4410 L 1
—T -40191j7 --T-412-26
POR77ON OF
T.M. 64-A-158
TO BE REZONED TO B2 N
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DEDICATION AREA
0.0614 ACRES —`— *11H
I
N 36'1147' W 307.83'
L3 L2 %
----------------- EDGE -Of
_PAVFAfENL__ --��
WEST BOUND LANE ROUTE 50 —`
REZONING PLAT
ON THE LAND OF
PEMYPROPER77ES
(TAX PARCE 64 A—M
SHAWNEE MAGISTERML DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1 " = 100' 1 DATE- MAY 8 2019
GREENWAVY ENGINEERING, .NC.
{"151 Windy Hill Lane
Engineers Winchester, Trtrginia 22602
Suryeyors Telephone: (540) 662-4185
FAX (540) 722-9528
Founded in 1971 www.greenwayengcom
100 0 100
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GRAPHIC S'.ALE (IN FEET)
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CURVE TABLE
CURVE I RADIUS I
ARC LENGTH DELTA ANGLE CHORD BEAR/NG CHORD LENGTH TANGENT
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BEARING
DISTANCE
L 1
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4955''17
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N 35'53 07
W52
RESIDUE OF TM. 64—A-158
PERRY PROPERIIES, L.P.
D.B. 670 PG. 257
ZONE Ml
38.78 ACRES BY SUBTRACTION
WINCHESTER
BUILDING SUPPLY
I Il
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f DENOTES CENTERLINE
S 40-1.9'37- E 412.2
c� PORTION OF
T.M. 64 A-158
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6.1885 ACRES
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GRAPHIC; SCALE (IN FEET)
REZONING PLAT
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SHAWNEE AMISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14 EST S. H TH
SCALE: 1" = 200' DATE.' MAY 8, 2019 LiC. N0. 1837
GREENWA,Y ENGINEERING imp. e �/*00tq
151 Mndy Hill Lane D
9 Engineers Winchester, Virginia 22602-T 1Ril'_"
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FAX (540) 722-9528 1 0297 SHEET 2 OF
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TLE END
D.B./PG. = DEED BOOK/PAGE
ESMT. = EASEMENT
EX. = EXIS77NG
INST. Noll = INSTRUMENT NUMBER
T.M. = TAX MAP PARCEL
NOTES
1) 777ZE TO TAX PARCEL 64—A-158 IS NESTED IN PERRY PROPERTIES, L.P. BY DEED DATED JUNE 13,
19767 RECORDED IN DEED BOOK 670 PAGE 257. THE LIMITS OF THE PARCEL HAVE HAVE CHANGED
THROUGH BOUNDARY UNE ADJUSTMENTS RECORDED IN DEED BOOK 752 PAGE 1452 AND BY
INSTRUMENT No. 020001149.
2) THE PROPERTY BOUNDARY LINE INFORMA77ON SHOWN HEREON IS TAKEN FROM PLATS RECORDED BY
IN57RUMENT Nos. 070008503 AND 160005741. THIS INFORMAT/0N DOES NOT REPRESENT A
BOUNDARY SURVEY PERFORMED BY THIS RRM.
3) THE REZONING PARCEL SHOWN HEREON UES" EN77RELY WITHIN ZONE X, AREAS DETERMINED TO BE
OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD PLAIN PER N.F.I.P. FLOOD INSURANCE RATE MAP No.
51069CO2400, DATED SEP7FMBER 2, 2009.
4) NO 777LE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MIGHT EXIST.
5) THE CENTERUNE LOCATIONS OF WEST BOUND ROUTE 50, CONSTITUTION DRNE AND THE ENTRANCE
TO WINCHESTER BUILDING SUPPLY ARE BASED ON A FIELD RUN SURVEY.
6) THE RESIDUE AREA OF TAX PARCEL 64—A-148 CALCULATED BY SU67R4C77ON USING THE ORIGINAL
AREA (44.97 ACRES) LISTED IN THE FREDERICK COUNTY REAL ESTA7E RECORDS
REZONING PLAT
DOONyTHHE�LLAANpD�ODFT�CL�
PE / PROPER I7E
(TAX PARCEL 64-A-10
SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE. N/A I DATE: MAY 8. 2019
- iREENWAY ENGINEERING, INC.
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
,i Surveyors Telephone: (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayeng.com
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