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Home My WebLink About04-19 Proffer StatementORDINANCE Action: PLANNING COMMISSION: December 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 M1 (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 Kris . Ti Frederick County Administrator PDRes. #01-20 WS Res. #043-20 cam- VIRGINIA: FREDERICK COUNTY, SCT. I'his instrument of writing was produced to me on .IL- 1�0 ri gO at /'-z 5-4 � id with certificate of acknowledgement thereto annexed as admitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable 4e -t 4 , 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- 19 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 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 # 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 c�a 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 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 hiker/biker 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 hikerlbiker 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 hiker/biker 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 Tax Parcel 64-A-158 (portion) Revised October 17, 2019 the Property identified in the traffic study for each Site Plan prior to the issuance of a C certificate of occupancy permit for each Site Plan. - CG' 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.O1D(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 #02971EA W Greenway Engineering June 19, 2019 Tax Parcel 64-A-158 (portion) Revised October 17, 2019 Owner Signature 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 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: Perry Properties, 'EC----`_ Date Michael Perry, President Commonwealth of Virginia, City/Countof L�:e- dc-,' (-L To Wit: 1y�f-kAl,The foregoing instrument was acknowledged before me this day of A, yip-mlle-f- 20/�by otary u�lic My Commission Expires O c' -h) BETTIE A. LAMBERSON NOTARY PUBLIC REG. #127550 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31, 2021 File #0297/EAW C: _ CURVE TABLE UNE TAR] F UNE BEARING DISTANCE Ll S J5'41'01' E 32.36 L2 N 49'5517 W 103.08 L3 N 35'5J'07' W 59.82 RESIDUE OF T.M. 64-A-156 PERRY PROPERTIES, L.P. D.B. 670 PG. 257 ZONE. Ml _C 1 L 1 38.78 ACRES BY SUBTRACAON _ —S40 -1917--T-41-226 i W PORTION OF T.M. 64-A-158 TO BE REZONED TO B2 N 6.1885 ACRES W of 100 h �2 I FUTURE ROUTE 50 RIGHT—OF--war DEDIC477ON AREA I 0.0614 ACRES L3 EX. WATER & SANITARY SEWER ESMT. INST No. 020001149 36'1147' W WEST BOUND LANE ROUTE 50 3Ia M.7 100 0 it GRAPHIC SCALE (IN FEET) 0.6 ERNEST S. H Lic. No. 1837 1 0297 SHEET i OF 3 II REZONING PLAT ON THE LAND OF p� YPROPER FEM /7ES (TAX PARM 64-A -M) SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1 " = 100' 1 DATE. MAY 8 2019 GREENWkY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com 3Ia M.7 100 0 it GRAPHIC SCALE (IN FEET) 0.6 ERNEST S. H Lic. No. 1837 1 0297 SHEET i OF 3 II At" CURVE TABLE CURVE I RADIUS I ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH TANGENT Cl I 300.00 24.31 4'3836 S J8'00-19- E 1 24.31 12.16 11AIF TARI F LINE BEARING DISTANCE L 1 S 35'41 Ol E 32.36 L2 N 49'55 17 W 103.08 L3 N 35'53 07 W 59.82 RESIDUE OF T.M. 64-A- 158 PERRY PROPERTIES LP. D.L. 670 PG 257 ZONE Mi 38.78 ACRES BY SUBTR4070N WINCHESTER BUILDING SUPPLY r-1 1,---, _ DENOTES CENTERLINE S 40'19'37" E 412.26' I I PORION OF TM. 64-A-158 N 70 BE REZONED TO B2 6.1885 ACRES hlW t, hlm h I FUTURE ROUTE 50 z IRIGHT-OF-WAY DEDICATION AREA 0.0614 ACRES N m h h w h I I I �I �I I II I 1 1 I 1 I I �I vl I I I L3 l2 N 36'11'47- W 307.83, �! _ — —=51_0.00_= � _ WEST BOUND LANE ----- ROUTE 50 200 0 200 GRAPHIC SCALE (IN FEET) REZONING PLAT ON THE LAND OF PEW PROPERIIES MX PARM 64-A-158) SHAWNEE M4GIS7FR14L DISTRICT, FREDERICK COUNTY, WRGIN14 SCALE. 1' = 200' DATE MAY 8, 2019 p` GREENWAY ENGINEERING, .NC. _ 151 Windy Hill Lane T Engineers Winchester, Vrginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com ,� pj,lti O L EMEST & HM Lic. No. 1837 1 0297 SHEET 2 OF 3 I D.B./PG. = DEED BOOK/PAGE ESMT. = EASEMENT EX. = EXIS77NG INST. Nall = INSTRUMENT NUMBER T.M. = TAX MAP PARCEL NOTES 1) TITLE TO TAX PARCEL 64—A-158 IS NESTED IN PERRY PROPERTIES, L.P. BY DEED DATED JUNE 13, 19787 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 INFORMATION SHOWN HEREON IS TAKEN FROM PLATO RECORDED BY INSTRUMENT NOS. 070008503 AND 160005741. THIS INFORMATION DOES NOT REPRESENT A BOUNDARY SURREY PERFORMED BY THIS FRRM. .) THE REZONING PARCEL SHOWN HEREON UES ENTIRELY 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. 51069CO240D, DATED SEPTEMBER 2, 2009. 4) NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MIGHT EXIST. 5) THE CEN7ERUNE LOCATIONS OF WEST BOUND ROUTE 50, CONSTITUTION DRVE AND THE ENTRANCE TO WINCHESTER BUILDING SUPPLY ARE BASED ON A FIELD RUN SURVEY. 6) 7HE RESIDUE AREA OF TAX PARCEL 64—A-148 CALCULATED BY SUBTRACTION USING THE ORIGINAL AREA (44.97 ACRES) LISTED IN THE FREDERICK COUNTY REAL ESTATE RECORDS REZONING PLAT ON THE LAND OF� ALT r *lz ASMYPROPER //ES Gj1A (T,X PARCB 64 -A -M) SHAWNEE MAGISTD44 DISTRICT, FREDERICK COUNTY, MUM ERNEST S. HO T H. SCALENIA DA TE. MAY 8, 2019 LIC. No. 1837 fir ` GREENWAY ENGINEERING9 iNc. 151 Windy Hill Lane Pti Engineers Winchester, Firginia 22602 SUR .ti (aa f;:.Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 0297 SHEET 3 OF 3 Founded in 1971 www.greenwayeng.com /7AJfl 10—nF l I I Z 0 0 I c u I m m i I �o DAm Z O PH m� m I, III mlIII m D D O � OD z � z� Z n D < 0 in MZ _I n �_ C f0 Ck � o Z� OOO Or O D O O O O j � j Z O O O x Z Z Z D O w D cn I I I N I 0 O G O �I i may= OW T m m D I PERRY o r w m N A O 0 D OZ m m m IMPROVEMENTS EXHIBIT - Z z a I "XyU) mD-4 mm O >� SHAWNEE MAGISTERIAL DISTRICT FN6))NP o v ,• D D (] FREDERICK COUNTY, VA,.,4C j pn m r m JO SII 10' ASPHALT TRAIL — a O I CONSTITUTION DRIVE m i s0' ww l _ I A O O O 10' ASPHALT TRAIL OUTSIDE OF PUBLIC RIW CONSTITUTION DRIVE 80' RIW 0 m O n O 24'- Z DOa m loDm Z cn O cn I+ � I I N I O O �I T m m D I PERRY PROPERTIES'- r 151 Windy Hill lana OZ m m m IMPROVEMENTS EXHIBIT - 02 l (5 5TRANSPORTATION GREEW!VIff T— (540)2-9528 com w'�vw-reenwayen91 O >� SHAWNEE MAGISTERIAL DISTRICT FN6))NP o v ,• FREDERICK COUNTY, VA,.,4C j