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HomeMy WebLinkAbout01-13 Woodside Commercial Ctr - Stonewall Proffer Revision - Backfile• REZONING TRACKING SHEET Check List: Application Form Fee & Sign Deposit Proffer Statement Deed Impact Analysis Plat/Survey Adjoiner List Taxes Paid Statement ✓ J/,91L File opened Reference manual updated/number assigned D-base updated -4u- Sys ID # Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting ACTION: Board of Supervisors Meeting ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended I cr >'ti11 C®Upti- )E)� �; ICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 March 14, 201 Mr. Gary R. Oates, LS-B, PE SilverWolfe, LLC 1073 Redbud Road Winchester, VA 22603 RE: REZONING 401-13, WOODSIDE COMMERCIAL CENTER PIN: 33-A-124A Dear Gary: This letter serves to confirm action taken by the I rederick County Board of Supervisors at their meeting of March 13, 2013. The above -referenced application was approved to revise proffers associated with Rezoning 418-06. This revision relates to the "Transportation" section of the proffers. The property is located on the east side of Route I 1 and 3,000+/- feet north of Hopewell Road (Route 672), also known as Exit 321 of hlterstate 81, in the Stonewall Magisterial District. The proffer statement, originally dated March 15, 2007, with final revision date of January 28, 2013, that Nvas approved as a part of this rezoning application is unique to the above referenced property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Cleric of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad Attachment cc: Charles S. DeI-laven, Jr., Stonewall District Supervisor Stan Crockett; Stonewall District Planning Connnlissioner Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w/original ResolLlt1011 and Proffers 107 Forth Tent Street, Suite 202 - Winchester, Virginia 22601-5000 0 REZONING APPLICATION #01-13 NVOODSIDE COMMERCIAL CENTER Staff Report for the Board of Supervisors Prepared: March 4, 2013 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 02/20/13 Recommended Approval Board of Supervisors: 03/13/13 Pending PROPOSAL: To revise proffers associated with Rezoning It18-06. This revision relates to the "Transportation" section of the proffers. LOCATION: The property is located on the cast side of Routc 1 I and 3,000+/- feet north of Hopewell Road (Route 672), also known as Exit 321 of Interstate 81. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/13/13 BOARD OF SUPERVISORS MEETING: This is a minor revision to the proffer statement approved with rezoning #18-06. The Applicant is looking to replace proffer 1.c. from the Transportation Section with a comparable monetary contribution In the amount ofS75,000 for road improvements. The original proffer 1.e. to be replaced provided that the applicant wOUld present to the County enginecring and surveying Services prior to the first site plan, or at the request of the County. This is a similar proffer to that Offered with the Clcarbrook Retail Center Rezoning #09-12. (Note: At their 02/20/13 meeting, The Planning Commission recomillclldc(1 denial of the Clearbrook Retail Center Rezoning W9-12 to the Board 01'Supc1-vis0rs) It Sh011ld be noted that the monetary contribUti011 in the amount of $75,000 for road 1111provemcntS, new proffer Le. is to be paid prior to the first Occupancy permit. The Applicant has provided estimates for the services as a representation of the value of the original proffer. This modification has been reviewed by the County Attorney and, with regards to the changed proffer only, is in the acceptable form. County Transportation Deputy Director Bishop has reviewed the changed proffer and has offered: I have reviewed the proffer change proposcd in the Woodside Commercial Center application. I have nO issue with the change to a cash proffer fi'Onl the previously proffered (lesign and photography. I do, however, disagree with Changing the ti-lggel' of the 1)1'offc1' to the OCCUpancy permit fl'om its CUrrent form. Based upon current events, I expect there is a good chance that this proffer will be needed for the use it was intended for (BPUCetOw11/I-lopewell intersection) prior to an occupancy permit. Following the public meeting, a llecn4/o/n from the Board of Superinsors would he appropriate. A public hearing is not required The applicant should he prepared to adequately address all concerns raised by the Board of Supervisors. • n Rezoning 110 1- 13 Woodside Conuncrcial Retail Centcr March 4. 2013 Page 2 This report is prepared by the Frederick Couiiry Planning Stuff to provide information to the Planning Commission and the Board of Supervisors to assist then] in making a decision on this application. It nug also he useful to others interested in this zoning matter. Unresolved Issues concerning this application are noted hj, staff Where relevant throughout this Staff report. Reviewed Action Planning Commission: 02/20/13 Reconimcndcd Approval Board of Supervisors: 03/13/13 Pending PROPOSAL: To revise proffers associated with Rezoning ill8-06. This revision relates to the "Transportation" section ofthe proffers. LOCATION: The property is located on the east sicle of Route 1 1 and 3,000+/- feet north oi�I-lopewell Road (Route 672), also known as Exit 321 of Interstate 81. NIAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-124A PROPERTY ZONING: 133 (Industrial Transition), with proffers. PRESENT USE: Residential and agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: 133 (Industrial Transition) East: 133 (Industrial Transition) RA (Rural Arcas) West: RA (Rural Areas) REVIEN1' EVALUATIONS: Use: Rcsidcntial Use: Vacant Use: Vacant Rcsidcntial Use: Agricultural/Interstate 81 Frederick County Attorney: Proffer is in an acceptable form. The County Attorney's comments are specific to the amended proffer only and did not reevaluate the balance of the proffer statement previously approved by the Board of Rezoning WI-13 Woodside Commercial Retail Center March 4. 2013 Page 3 Supervisors with RZ#18-06. Transportation: I have reviewed the proffer change proposed ill the Woodside Commercial Center application. I have no issue With the change to a cash proffer fi-onl the previously proffered design and photography. I do however disagree \vith changing the trigger oftfle proffer to the occupancy permit f -olll its Current f01'111. BaSCCI LII)011 CLII-I-Cllt events I expect there is a good chance that this proffer will be needed 101- the Use It \Vas intended IOr (13I'LICCtOW11/1-lope well intersection) prior to all occupancy permit. Planning & Zoning: 1) Site History Previously RA in zoning, this property was rezoned to B3 (In(Iustrial Transition) District as a part of the Woodside Commercial Center in 2007, Rezoning 18-06. 5) Proffer Statement — Dated March 15, 2007 and final revision on January 28, 2013. Transportation OrigiIlal l.e. Contributions for Road Inlprovcnlcnts in recognition of off -site transportation impacts. The engineering and surveying services (identi fic(I by itcnis i and ii) will begin prior to the approval of first site plan Or upon request by Frederick County; whichever Comes fll'St. i. The applicant hereby proffers to present the County \with an engineered road plan for the i-callgnmcilt of Bruccto\wn Road and Hopewell Roads at Martinsblll'fl, Pike. The design will extend 300' north and 300' south on Martinsburg Pike from the intersection with Hopewell Road, and be bounded by the Winchester and Western Railroad to the \west and the Clearbrook Fire Station to the Cast. A diagram of tills area fbr the intersection design is attached and labeled as exhibit "A". ii. The applicant hereby proffers to present the County with atrial mapping of the Martinsburg Pike Corridor. The acrlal mapping will begin at the Clcarbrook Convenience site entrance t0 the SOLIth and extend 3.125 miles north to the State line with a corridor width of'300'. The aerial mapping will produce topography With 1 ' contour intervals at 50' scale accuracy. A diagram Of this intersection is attached and labeled as exhibit "B". New Le. Contributions for Road Improvements in recognition of'off=site transportation impacts. i. $75,000 to Frederick County to be paid prior to the first occupancy permit. • 0 Rezoning 1101-13 Woodside Commercial Retail Centcr March 4, 2013 Page 4 STAFF CONCLUSIONS FOR THE 02/20/13 PLANNING COMMISSION MEETING: This is a minor revision to the Proffer statement approved with rezoning It18-06. The Applicant is looking to replace proffer Le. from the Transportation Section with a comparable monetary contribution ill the anlOUllt of S75,000 for road improvements. The original proffer I.C. that is to be replaced provided that the Applicant would present to the County engineering a surveying services prior tO the first site plan or at the request Of the County. This is a similar profTer to that offered with the Clearbrook Retail Center Rezoning. It should be noted that the monetary contribUti011 ill the amount of $75,000 for road improvements, new proffer Le. is to be paid prior to the lust occupancy permit. The Applicant has provided estimates for the services as a representation Of tllC VaIUC Of the Ol-iglllal 1)1'0{fcl'. Following the public ineeting, R recommendation regarding thi.y rezoning application to the Board o/'Supervisors would be appropriate. A public hearing 1S not required. The applicant should be prepared to adequatelh address all concerns raised bh the Planning Co111nd-v.v oll. PLANNING COMMISSION SUNIMARY & ACTION OF THE 2/20/13 MEETING: There was discussion among the Commissioners and staf'f'coiicei-iiing the wording of'tlle revised proffer particularly that it would be paid prior to the first occupancy permit, and was considered to be a later time fi•anlc than the previous proffer. Because the timing of the contribution was related to the first building permit, the Deputy Director -Transportation believed it could delay finding a solution to the improvements needed at the intersection. Nevertheless, it was believed the monetary contribution provided greater flexibility to (hatch those dollars up with other funds to accol"Phsh the endeavor. Commissioners believed that while the two proffers were similar ill value, it seemed to some degree that the cash proffer would hold more value for the County. The Planning Commission 1•CCOn1111CnCled approval Of the r•CCIl1CSt to revise the transportation section of the proffers by the following majority vote: YES (TO RECOMMEND APPROVAL): moll,,, Triplett, Kenney, I honlas, Wilmot, Crockett, Manuel, Anlbrogi, Croscn, Unger NO: Maclagan ABSTAIN: Oates a- J h Z { r ti Q .S Sinn y SIM .• J i Applications Parcels Building Footprints 61 (Business. Neighborhood District) B2 (Business. General District) B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial. Light District) M2 (Industrial. General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) J EDa ax Note Frederick County Dept of R EZ # 01 - 13 Planning Developments Woodside Commercial 107 N Kent St Center Proffer Revision inch Ws Winchester, VA 22601 ?INs: 540 - 665 - 5651 33 - A - 124A Map Created: January 31, 2013 Staff: mruddy 0 75 150 300 Feet REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA T'o he completed by Planning .Staff. ling Amendment N tnber D 7-1 Hearing Date ao Fee Amount Paid S �� d Date Received BOS Hearing Date The follon-ing information shall he 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. Applicant: Name: SilverWolfe, LLC Address: 1073 Redhud Road Winchester. Virginia 22603 2. Property Owner (if different than above) Name: SilverWolfe. LLC Address: 1o73 Redbud Road_ Winchester Virginia 22603 3. Contact person if other than ahmc Telephone: 540-667-2001 c lepliolic: 540-667-2001 Namc: Gary R Oates, LS-B, PE Telephone: 540-667-2001 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement 11 C� 0 5. The Code of Vil-ginia allows us to request full disclosure of'oNvilership in relation to ►'ezoning applications. Please list below all o\Vners or parties in Interest oI the bind to be rczonccl: 6. A) Current Use of the Property: Agricultural B) Proposed Use of the Property: Industrial Transition (13-3 zoning uses 7. Adjoining Property: PARCEL 11) NUMBER 33-(A)-125B & 33-(A)-126 33-(A)-129 33-(A)-131 33-(A)-124D 33-(A)-124B & 33-(A)-124C 33-(A)-125 & 33-(A)-125A USF, Residential Agriculture Agriculture Residential Residential Residential RA RA RA RA RA RA ZONING 8. Location: The property is located at (give exact location based on nearest road and distance From nearest Intersection, using road names and route numbers): Located on the east side of Route 11 and +/- 3000' north of Rte 672 (Hopewell Road) also known as exit 321 of Interstate 81. 12 CJ 0 Information to be Submitted f'or Capital Facilities Impact Model In Order for the Planning Staff 10 Use its capital facll111Cs impact modcl, It Is necessary for the applicant to provide II1f01'lllation COI1cel-ning tl1C SpeCifICS Of the pw I'ol)OSCCI IISC. OtllCi'lSC, the planning Staff Will LISC the maXlnll1111 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 33-(A)-124A Magisterial: Stonewall Fire Service: Clearbrook RCSCUC Scrvice:Clearbrook Districts I-ligll School: James Wood Middle School: James Wood Elementary School: Stonewall 10. Zoning Change: List the acreage inClUded Ill each ncNv zoning category being requested. Acres Current Zoning Zoning Requested 8.835 B-3 B-3 8.835 Total acreage to be rezoned 11. The following information should be provided according to the type of'reroning proposed : NUmber of Units Proposed Single Family homes: 0 Townhonle: 0 Nfulti-I amity: 0 Non -Residential Lots: 0 Mobile I [ome: 0 Hotel Rooms: 0 SquarC Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: RCStaUrant: Wal'Cl1olISC: Other: 75,000 13 12. Signature: I (we), the unclersigncd, CIO hereby respcetfully make application and petition the Frederick County Board Of SLIpervisors t0 amend the zoning ordinance and t0 change the zoning mal) of Frederick COLIIIty, VII'glilla. I (�Vc) aLltl101'I%C Frederick CO1111ty OfflClalS t0 CI1tC1' the property for site inspection pLu'poseS. I (we) understand that the sign issued when this application is submittal must be placed at the Front proputy line at least seven days prior t0 the Planning Commission pllbllc 11carino and the Board Of SLIpCI'VISOI'S' pllbllc hearing and maintained so as t0 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 aCCLu'atC to the best of my (Our) knowledge. npplicant(s): Date: Date: Owner(s): Date: Date: I' 14 Adjoining Property Owners Rezoning ONvners of'property adIoini 1 , the land will be notIIICd of'the hlal1nino Commission and the Board OI SIII)CI'VISOI'S meetings. For the ptli'pOSC OI tI11S aI)I)IICat1011, adjoining property is ally property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-Avay, or a watercourse from the requested property. The applicant IS rcgtlll'Cd to obtain the IOIIO\vino irifo'11atIon oil each (I011O'ty inCItIlitheJ11�)I)b parcel identification number which may be obtained From the OIIICC OI the Commissioner Ol Revenue. The C'onmlissioller of the Revelllle is lomted oil the 211d_Jlooi- of the lIrederick C'oimly fiCllI11177Sirwiv' Buildhig, 107 North Kew Stl'eet. Name and Property Identification Number Address N',111le. Elaine F. MaGee 3703 Martinsburg Pike Clearbrook, VA 22624 Property Ii 33-(A)-125A �� 1111e Deborah D. Swimley P.O. Box 10 . Clearbrook, VA 22624 Property # 33-(A)-125B Name Everett L. Caton 2060 Cedar Hill Road Clearbrook, VA 22624 Property 11 33-(A)-126 Name James &Caroly n Stimmel 3446 Old Charlestown Road Berryville, VA 22611 Property 11 33-(A)-129 & 33-(A)-131 N 1111e Jack F. Robinson 2140 Woodside Road Clearvbrook VA 22624 Property 11 33-(A)-124B Name O-N Minerals (Chemstone) P.O. Box 71 Strasburg, VA 22657 Property 11 34-(A)-11 A Ni111e Frederick A. & Lin H. Stronko 3656 Martinsburg Pike Clearbrook, VA 22624 Property 11 33-(A)-124D Name MOHEBATULLAH VAHIDI 794 Center Street Herndon, VA 20170 Property 11 33-(A)-125 Name Property 11 15 0 • REZONING APPLICATION #01-13 WOODSIDE COMMERCIAL CENTER Staff Report for the Planning Commission P►•epared: February 5, 2013 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 02/20/13 Pending Board of Supervisors: 03/13/13 Pcnding PROPOSAL: To revise proffers associated with Rezoning /t 18-06. This revision relates to the "Transportation" ransportation" section of the proffers. LOCATION: The property is located on the east side ol'Route I I and 3,000+/- feet north of Hopewell Road (Route 672), also known as Exit 321 of Interstate 81. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/20/13 PLANNING COMMISSION MEETING: This is a minor revision to the proffer statement approved with rezoning #18-06. The Applicant is looking to replace proffer I .e. from the Transportation Section with a comparable monetary contribution in the amount of $75,000 for road improvements. The original proffer I.e. that is to be replaced provided that the Applicant would present to the County engineering a surveying services prior to the first site plan or at the request of the County. This is a similar proffer to that offered with the Clearbrook Retail Center Rezoning. It should be noted that the monetary contrlblltlon in the arnOUnt OI $75,000 for road improvements, new proffer 1.e. is to be paid prior to the first occupancy permit. The Applicant has provided estimates for the services as a representation of the value Of the original proffer. This modification has been i-cvicNvcd by the COUnty Attorney and is In the acceptable 101.111. COL111ty Transportation Deputy Director Bishop has reviewed the changed proffer and has offered: I have reviewed the proffer change proposed in the Woodside Commercial Center application. I have no issue with the change to a cash proffer from the previously proffered design and photography. I do, however, disagree with changing the trigger of the proffer to the occupancy permit from its current form. Based upon current events, I expect there is a good chance that this proffer will be needed for the use it was intended for (BPUCetOW11/I-lopewc1l intersection) prior to an occupancy permit. Folloiying the public meeting, a recommendation i-egarding this rezoning application to the Board of Supervisors would be appropriate. A public hearing is not Peguh-e(l. The applicant should be prepared to a(leguately address all conceivis raised by the Planning Commission. 0 • Rezoning 1101-13 Woodside Commercial Retail Center February 5, 2013 Page 2 This report is prepared by the Frederick County Planning Staff to provide i/rformatlon to the Planning Commission and the Board of Supervisors to assivt them in making a decision on this application. It may also be us(ful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staf l'c'p0l't. Reviewed Action Planning Commission: 02/20/13 Pending Board of Supervisors: 03/13/13 Pending PROPOSAL: To revise proffers associated with Rezoning 1/18-06. This revision relates to the "Transportation" section of the proffers. LOCATION: The property is located on the cast side of Route 1 1 and 3,000+/- feet north of Hopewell Road (Route 672), also known as Exit 321 of Interstate 81. MAGISTERIAL DISTRICT: Stonewall PROPERTY Ill NUMBER: 33-A-124A PROPERTY ZONING: 133 (Industrial Transition) PRESENT USE: Residential and agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: 133 (Industrial Transition) East: 133 (Industrial Transition) RA (Rural Areas) West: RA (Rural Areas) REVIEW EVALUATIONS: Frederick County Attorney: Proffer is in an acceptable form. Use: Residential Use: Vacant Use: Vacant Residential Use: Agricultural/Interstate 81 0 Rezoning 1101-13 Woodside Commercial Retail Center February 5, 2013 Page 3 Ti-aIlsportatioIl: I have reviewed the proffer change proposed in the Woodside Commercial Center application. I have no issue with the change to a cash proffer from the previously proffered design and photography. I do however disagree with changing the trigger of the proffer to the occupancy permit from its current form. Based upon current events I expect there is a good chance that this proffer will be needed for the use it was intended for (BPUCetoWII/I-Iopewell intersection) prior to an occupancy permit. Planning & Zoning: 1) Site History Previously RA in zoning, this property was rezoned to B3 (Industrial Transition) District as a part of the Woodside Commercial Center in 2007, Rezoning 18-06. 5) Proffer Statement — Dated March 15, 2007 and final revision oil .Military 28, 2013. Transportation Original I.e. Contributions for Road Improvements in recognition of off -site transportation impacts. Tile engineering and surveying services (identified by items i and ii) will begin prior to the approval of first site plan or upon request by Frederick County; whichever comes first. i. The applicant hereby proffers to present the County with an engineered road plan for the realignment of' Brucetown Road and Hopewell Roads at Martinsburg Pike. The design will extend 300' north and 300' south on Martinsburg Pike from the intersection with Hopewell Road, and be bounded by the Winchester and Western Railroad to the west and the Clearbrook Fire Station to the cast. A diagram of this area for the intersection design is attached and labeled as exhibit "A". ii. The applicant hereby proffers to present tle County with aerial mapping of the Martinsburg Pike corridor. The aerial mapping will begin at the Clearbrook Convenience site entrance to the south and extend 3.125 miles north to the State line with a corridor width of 300'. The aerial mapping will produce topography with 1' contour intervals at 50' scale accuracy. A diagram of this intersection is attached and labeled as exhibit "B". New Le. Contributions for Road Improvements in recognition of off -site transportation impacts. i. $75,000 to Frederick County to be paid prior to the first occupancy permit. • 0 Rezoning #01-13 Woodside Commercial Retail Center February 5, 2013 Page d STAFF CONCLUSIONS FOR THE 02/20/13 PLANNING COMMISSION MEETING: This is a minor revision to the proffer statement approved with rezoning 9-18-06. The Applicant is looking to replace proffer Le. from the Transportation Section with a comparable monetary contrlbLltiOn in the amount of $75,000 for road improvements. fhe original proffer Le. that is to be replaced provided that the Applicant would present to the County engineering a surveying services prior to the first site plan or at the request Of the County. This is a similar proffer to that offered with the Clearbrook Retail Center Rezoning. It should be noted that the monetary contrlbUtlOrl in the amOL111t OI $75,000 for road improvements, new proffer 1.e. is to be paid prior to the first occupancy permit. The Applicant has provided estimates for the services as a representation of the value of the original proffer. Followiva the public meeting, a i-ecoli men(lation i-egi n ing this rezoning application to the Board of Supervisors would be appropriate. A public hearing, is not required. The applicant should be prepru-err to adequately adth-ess all concerns rinsed by the Planning Commission. COG'L. • • O .+ O M� RESOLUTION `,.-) IT]II Action: PLANNING COMMISSION: February 20, 2013 - Recommended Approval BOARD OF SUPERVISORS: March 13, 2013 ID APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-13 PROFFER REVISION OF WOODSIDE COMMERCIAL CENTER WHEREAS, Rezoning #01-13 Proffer Revision of Woodside Commercial Center, submitted by SilverWolfe. LLC, to revise the proffers associated with Rezoning # 18-06 relating to the `Transportation" section of the proffers, specifically Proffer Le.. was considered. The proffer revision, originally dated March 15. 2007. with final revision dated January 28, 2013, is replacing the previously proffered design and photography service prior to the first site plan with a monetary contribution in the amount of $75,000 for road improvements, prior to issuance of an occupancy permit. The property is located on the east side of Route 11 and 3,000+/- feet north of Hopewell Road (Route 672), also known as Exit 321 of Interstate 81. in the Stonewall Magisterial District, and is identified by Property Identification Number 33-A-124A. WHEREAS, the Planning Commission held a public meeting on this rezoning on February 20. 2013 and forwarded a recommendation of approval: and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on March 13.2013, 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 Police 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 revise the proffers associated with Rezoning # 18-06 relating to the "Transportation" section of the proffers, specifically Proffer Le. The proffer revision, originally dated March 15, 2007, with final revision dated January 28. 2013, is replacing the previously proffered design and photography service prior to the first site plan with a monetary contribution in the amount of $75,000 for road improvements, prior to issuance of an occupancy permit. PDRes. -07-1 • • This ordinance shall be in effect on the date of adoption. Passed this 13th day of March, 2013 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Robert A. Hess Aye Bill M. Ewing Nay Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye A COPY ATTEST John R.:Rildy, M. - FrederAk County Administrator COUNTY.SCT. produced to me on a_nd tivzth�_ :,crt hC eto annexed :Jas i y Sec. 78.I-80') of a,. � �.1-�i i havc bfeer, paid, if assessable. i �'z'9 /) 1�� C C PDRes. #07-13 Rezon 1w: zn Property: Record Ownei-: Project Dame: Original Date of Approved Proffers: Revised Date of Proffer: Alagisterial District: RZ # 01-13 Area: 8.835 acres Tat Parcel 33-(A)-124A Silvei-Wolfe, LL,C NVoodside Commercial Center March 15, 2007 January 28, 2013 Stonewall Pursuant to Section 15.2-2296 Et. Secl. 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 offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application ''01-13 for rezoning of 8.835-acres from the B-3 zoning district with proffers to B-3 zoning district with revised proffers, 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 are approved by the Boarcl 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 this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to SilverWolfe, LLC, from Douglas L. Brill & Bonnie R. Brill as recorded in the Frederick County Circuit Court Clerk's Office as instrument R060018520 dated September 29, 2006. • Proffers: 1. Transportation a. Access C� i. Access to this property from Martinsburg Pike (US Route 1 1) shall be limited to one commercial entrance. The Final location will be subject to VDOT review and approval once a site plan is submitted. ii. Access to this property from Woodside Road (Route 671) shall be limited to a masinlurll of two commercial entrances. The final locations will be subject to VDOT review and approval once site plans are submitted. Turn lanes and tapers for these entrances will be built as required by VDOT. b. Additional Lanes i. The applicant hereby proffers to construct a 12' lane onto Martinsburg Pike, Route 11, along the site road frontage. This +/-650' long lane will be built to VDOT requirements. This will be built prior to receiving any final OCCLlpancy permits on site. ii. The applicant hereby proffers to dedicate an additional 10' strip of land to the Commonwealth of Virginia and to pave a 12' lane along the entire frontage of Woodside Road, Route 671, when the traffic count from this project reaches or exceecls 2,815 trips per clay or upon request by Frederick County. c. Interparcel connections 1. UI)011 C011stl-L1Ct1011 Of a state approved entrance onto Martinsburg Pike, Route 11. the applicant hereby proffers to designate one inter -parcel connection alone the southern boundary. d. Right of Way and Casement Dedication The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 1 1) Right of Way. The applicant also proffers to the Commonwealth of Virginia a strip of land twenty-five (25') in width from the centerline of Woodside Road (Route 671) alone the entire frontage of' the property. 'these declications will take place prior to site plan approval. CD t�J U1 • o cc:D ry ii. The applicant hereby proffers a 20' drainage, pedestrian, and utility easement aloe- the frontage of Martinsburg Pile, Route 1 1, to Frederick County. The applicant will retain the right to place the proffered split rail fence (sec item 7-A) and monument sign (see item 7-D) within this easement. c. Contributions for Road Improvements in recognition of off -site transportation impacts. i. $75,000 to Frederick County to be paid prior to the first occupancy permit. 2. Fire & Rescue — Monetary Contrlbutlolls i The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, of $0.10 per building square foot to be clisbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. The applicant hereby proffers that the combined building floor area for- the following high -traffic uses of retail, restaurant, and incloor entertainment shall not exceed a combined total of 75,000 square feet. All other uses allowed in 13-3 such as general office and storage will not be limited. 4. The applicant hereby proffers that the following uses shall be prohibited on the properly: a. "Truck Stops -Retail' as clefined in SIC 5541. Excluding 'II-Llek Stops, all other uses within SIC Code 5541 are included and acceptable. b. SIC 45 — "Transportation by Air" c. SIC 4741 — "Rental of Railroad Cars" d. SIC 5271 — "Mobile I lome Dealers" e. SIC 7833 — "Drive -In Motion Pictures" The applicant hereby proffers the following conditions to "Automobile Service Stations-. Retail" as defined in SIC 5541-"Gasoline Service Stations". a. Only one bL1S111CSS will be allowed to have retail fuel pumps. b. 7,he total number of pumps will be limited to twelve or fewer. e. Diesel fuel will be restricted to two pumps or fewer and must be located with other pumps. Dicsel fuel sales to "over -the -road U-ucks" will be prohibitccl. 6. The applicant hereby proffers to install an additional row of evergreen trees for a total of four rows in all areas requirccl to have a "full screen zoning buffer" per the Frederick County Zoning Ordinance at the time of' site plan approvals. 7. Corridor Enhancements to be complctecl by prior to the first occupancy permit. r,1 u a. The applicant will construct a split rail fence along the road frontage. b. The applicant will not allow any parking spaces or outdoor storage to be constructed within 50' of Route I I . Any required Fire lanes within this area will be grass paved. c. The applicant will erect a single monument style sign, not to exceed twelve (I2') in height, with the park's name and list of tenants. I his nlollument sign will not exceed twelve (12') in height or one hundred (100 so square in area. The applicant \vill not install any freestanding signs between the buildings and Route 1 I other than this one 11101111111ent sign. cf. The applicant will restrict each business facing Route I I to a sign not to exceed eight square feet mounted on the building. This applies to individual businesses and not the entire building. c. The applicant will require each building fa�adc along Route 1 1 to be constructed of wood. vinyl, glass, masonry, or stucco. However, metal siding will be allowed within the business park and on all sides not facing Route l 1. 0 CD r.) Cr) 4 L J C J Cu':J3n t The conditions proffered above shall be binding upon 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 and Ordinance. Respectfully Submitted: j By: _ 611"t Gary Rodney Oates - c� � " Gary nzeIOates Commonwealth of Virginia, Date Date Cit /Cou> f f jr�,/(� � To Wit: The foregoing instrument was acknowledged before me this L day of February, 2013 By(Ya �5 Public • ^} , • My Commission Expires KU0 J, RICHARD NOTARY PUBLIC REGISTRATION * 7021142 € COMMONWEALTH OF V;pf%. 5 BKG5OP6320 CID " Wiz_ r 9� �Qti F 8.835 ACRES a 4 23' OS" W :m7�i9.76' CL J a � i� A9V f!� SIT cl,w v sRT I I tNp0�tF_ FLA r sHomm; olwsloly or THE LAAV OF DEWI i I' D. ROBINSON, F—T AL. STONEWALL DISTRICT FREDERI K COUNTY VIRGINIA GR�:!t4°d(��` Cl('GillHP,Ik�G AIM "URV�.1'M$ CO, SI C . {�`` _�'}✓: iL3f~ _ �� :,•:: ts�.E>FtSt rt4h��i r� lk, �.•��t�ESt�a F•ikw .P : W'� e' � a, I1k1ICf ID MS CERTIFICAYE 54 E7 3 0 • AMENDMENT Action: PLANNING COMMISSION: February 21, 2007 - Recommended Approval BOARD OF SUPERVISORS: March 14, 2007 ID APPROVED ❑ DENIED AN ORDINANCE AMENDING TIIE ZONING DISTRICT MAP REZONING 111.8-06 OF WOODSIDE CONEVIERCIAL CENTER WHEREAS, Rezoning H18-06 of Woodside Commercial Center, submitted by Greffolfe, Inc., to rezone 8.835 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District with proffers, for conunercial and industrial uses, was considered. The property is located on the east side of Route 11, approximately 3,000 feet north of Hopewell Road (Route 672), in the Stonewall Magisterial District, and is identified by Property Identification Number 33-A-124A. WHEREAS, the Planning Commission held a public hearing on this rezoning on December 20, 2006 and further considered this application on February 21, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 14, 2007; 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 tunended to revise the Zoning District Map to change 8.835 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District for commercial and industrial uses, with proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in uniting by the applicant and the property owner. PDRes 1,24-07 0 This ordinance shall be in effect on the date of adoption. Passed this l 4th day of March, 2007 by the following recorded vote; Richard C. Shickle, Chainnan Nay Barbara F. Van Osten Aye Gary Dove Aye Bill M. swing Aye Gene B. Fisher Aye Charles S. DeI-Iaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST Wjj IohnPrcddministrator PDRes 1/24-07 0 • Rezoning: Property: 0 Ic �)�C/ Record Owner: Applicant: Project Name: Original Date of Approved Proffers: Revised Date of Proffer: Magisterial District: RZ # 18-06 Area: 8.835 acres Tax Parcel 33-(A)-124A SilverWolfe, LLC GreyWolfe, Inc. — Gary R. Oates, LS-B, PC Woodside Commercial Center March 15, 2007 January 28, 2013 Stonewall Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederic]< COLinty Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, -Virginia, shall approve Rezoning Application #18-06 for rezoning of 8.835-acres.fi'Om the RA District to Industrial "transitional (B-3) District, development of the subject property shall be done in conformity \vith 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 are approved by the 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 profilers shall be binding upon this applicant and their legal successors, heirs, or assigns. Tlic subject properties are more particularly described as the lands conveyed to SilverWolfe, LLC, from Douglas L. Brill & Bonnie R. Brill as recorded in the Frederick County Circuit Court Clerk's Office as instrument #060018520 dated September 29, 2006. • Proffers: 1. Transportation a. Access i. Access to this property from Martinsburg Pike (US ROLItC I I) shall be limited to one commercial entrance. The final location will be subject to VDOT review and approval once a site plan is submitted. ii. Access to this property from Woodside Road (Route 671) shall be 11111ltCd t0 a I11aXiI11L1111 Of two commercial entrances. The filial locations will be subject to VDOT review and approval once site plans are submitted. Turn lanes and tapers for these entrances will be built as required by VDOT. b. Additional Lanes i. The applicant hereby proffers to Construct a 12' lane onto Martinsburg Pike, Route 11, along the site road frontage. This +/-650' long lane will be built to VDOT requirements. This will be built prior to receiving any final occupancy permits on site. ii. The applicant hereby proffers to dedicate an additional 10' strip of land to the Commonwealth Of' Virginia and to pave a 12' lane along the entire frontage of Woodside Road, Route 671, when the traffic COL111t from this project reaches or exceeds 2,815 trips per day Or upon request by Frederick County. C. Interparccl connections 1. Up011 C0I1StRICt1011 Of a state approved entrance onto Martinsburg Pike, ROLitC 1 1, the applicant hereby proffers t0 CICSlgnatc one titter -payee] connection along the SOLIthern b0Lll1dal'y. d. Right of Way and Easement Dedication The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip Of land tell feet (10') In \vldth along the entire frontage of the property On Martinsburg Pike (Route 11) Right of Way. The applicant also proffers to the Commonwealth of Virginia a strip of land twenty-five (25') in width from the Centerline of Woodside Road (Route 671) along the entire frontage of the property. These dedications will take place prior to site plan approval. 2 • • ii. The applicant hereby prollcrs a 20' dl'alllagC, pedestrian, and utility casement along the frontage of Martinsburg Pike, Route 1 I, to Frederick County. The applicant will retain the right to place the proffered split rail fence (see item 7-A) and I11011LI111Cllt Sign (See item 7-D) within this casement. e. Contributions for Road Improvements in recognition of off -site transportation impacts. i. $75,000 to Frederick County to be paid prior to the first occupancy permit. 2. Fire & Rescue — Monetary Contributions a. The applicant hereby voluntarily proffers a cash contrlbllt1011 to the TreaSLII'el' of Frederick County, Virginia, Of $0. 10 per blllldlllg square foot to be disbursed to the Frederick County Fire and RCSCLIC Department, to be paid prior to each final site plan approval. The term '`building Square foot" shall be the combined floor area for Cach story. 3. The applicant hereby proffers that the combined building floor area for the following high -traffic uses Of retail, restaurant, and incloor entertainment shall not exceed a combined total of' 75,000 Square feet. All Otl1C1' Uses allowed in B-3 such as general office and storage will not be limited. 4. The applicant hereby proffers that the following uses shall be prohibited on the property: a. "Truck Stops -Retail" as clefincd in SIC 5541. Excluding Truck Stops, all other uses within SIC Code 5541 are included and acceptable. b. SIC 45 — "Transportation by Air" c. SIC 4741 — "Rental of Railroad Cars" d. SIC 5271 —"Mobile Home Dealers" e. SIC 7833 — "Drive -In Motion Pictures" 5. The applicant hereby proffers the following conditions to "Automobile Service Stations-. Retail" as clefincd in SIC 5541-"Gasoline Service Stations". a. Only one bLISI11CSS will be allowed to have retail fuel pumps. b. The total number of pLlnlpS will be limited to twelve or fewer. c. Diesel fuel will be restricted to two pumps or fewer and must be located with other plumps. Diesel fuel sales to "OVC1'-tIlC-1'Oad tl'Llcks" will be prohibited. 6. The applicant hereby proffers to install an additional row Of evergreen trees for a total Of four 1'O\wS 111 all areas required t0 have a "full screen zoning buffCl'" per the Frederick COL1I1ty Z011lllg Ordinance at the time of SItc plan approvals. 7. Corridor Enhancements to be completed by prior to the first Occupancy permit. 3 • • a. The applicant will construct a Split fall fcnec along the road fl-Ontage. b. The applicant will not allow any parking Spaces OI. OL1tCI001- Storage to bC constructed within 50' of Route 11. Any required fire lanes within this arca will be grass paved. c. The applicant will erect a Single nlOnllnlCnt StylC sign, not to CxeecCl twelve (12') in height. with the park's name and list of tenants. This nlOnunlCnt sign will not exceed twelve (12') in height Or OIIC hundred (100 sf) squarc in arca. The applicant will not install any freestanding signs between the bUlldnlgs and Route 1 1 Othcr than this OIIC IIIOIIUII1CIlt Sign. d. The applicant will restrict each business (acing Route 1 I to a sign not to exceed eight square icet mounted on the building. This apphCS to individual businesses and not the entire building. e. The applicant will require each builCing facade along ROutc I 1 to be constructed of wood, vinyl, glass, IllaSOIII-y, or stucco. Flowcvcr, metal siding will be allowed within the business park and on all sides not facing ROIItC 11. The conditions proffered above Shall be billdlllg lll)011 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 rczoiled In addition to other requirements set forth in the Frederick County Code alld Ordinance. Respectfidly Submitted: Gary Rodney Oates Date Gary I<enzcl Oates Date Commonwealth of. -Virginia, City/County of- To Wit: The foregoing instrument was ackno\vledged before me this day of 12007 Notary Public My Commission Expires • GREYWOLFE, INC. , , 00' 1073 REDBUD ROAD • WINCHESTER, VA 22603 (540) 667-2001 • (540) 545-4001 FAX GREYWOLFEINC@AOL.COM Michael Ruddy, Deputy Planning Director January 28, 2013 107 North Kent Street Winchester, VA 22601 Subject: Woodside Commericial Center - Rezoning # 18-06 Mr. Ruddy, Per our recent conversations attached are the original proffers for my rezoning and the revision that I am requesting. The single change it too replace 1.e. from e. Contributions for Road Improvements in recognition of off -site transportation impacts. The engineering and surveying services (identified by items i and ii) will begin prior to the approval of first site plan or upon request by Frederick County; whichever comes first. i.The applicant hereby proffers to present the County with an engineered road plan for the realignment of Brucetown and Hopewell Roads at Martinsburg Pike. The design will extend 300' north and 300' south on Martinsburg Pike from the intersection with Hopewell Road, and be bounded by the Winchester and Western Railroad to the west and the Clear Brook Fire Station to the east. A diagram of this area for the intersection design is attached and labeled as exhibit "A". ii.The applicant hereby proffers to present the County with aerial mapping of the Martinsburg Pike corridor. The aerial mapping will begin at the Clear Brook Convenience Site entrance to the south and extend 3.125 miles north to the State line with a corridor width of 300'. The aerial mapping will produce topography with 1' contour intervals at 50' scale accuracy. A diagram of this intersection is attached and labeled as exhibit "B". to e. Contributions for Road Improvements in recognition of off -site transportation impacts. i.$75,000 to Frederick County to be paid prior to the first occupancy permit. Please review these proffers and the accompanying proposals. I would appreciate a review of these at the Planning Commission meeting of February 20th Thank_You� Gary R. Oates, LS-B�PE Grey Wolfe, Inc • • GRAPHIC SCALE f • 0 Virginia Map ing inc. 5536 Capito Street Roanoke, VA 24019 540.362.4762 virginiamappinginc a)verizon.nct Ref. # GW 1365 Client # Date 1 /28/2013 Proposal Client: Gray Wolfe Contact: Mr. Gary Oates Address:1073 Reb Bud Road, Winchester, VA 22603-4757 Phone: 540-667-2001 Job Name: Strip Mapping, Inwood, VA\WV quad AC: 150+or- Comp►lat►on: Scale: I"= 50' C.I. I ft. No. Models:27 Plan►metric: TOPO: Digital: Format: AutoCad Scale: I"= 50' C.I. I ft. Photography: No. Lines 2 No. Exposures 29 Approximate photo scale 1 "=250' Additional Requirements Additional Rcquircmcnts CD Acrotriangulation No. Lines 2 No. Exposures 29 Vertical and Horizontal Control Client supplied 33 Vertical and Horizontal ground control panels Additional Comments: COST: Acrial Photography Compilation Total Virginia Isla 5 1,500.00 9,000.00 $10,500.00 Wayne Cassidy!.r.Presiden-L Signature/7'.itle County of Fririck" - ' • Dear Mr. Oates, Thank you for the opportunity for our firm to provide you with a proposal for professional consulting civil engineering services through to the successful completion of your project. You desire to have plans prepared for a relocation of Route 672 to the south to align with the Hopewell Road at its intersection with Route 11. We understand that initial discussions have occurred with the County and VDOT and you have prepared a preliminary sketch. While there may be rezoning issues to be worked out by others, we are able to provide a comprehensive services proposal to prepare the necessary road design and submit for approvals from VDOT. Provided here is a summary of costs associated with the various tasks involved. 1. Site Survev We will prepare base mapping and establish existing property lines at the project site. (9 different properties total). We will also prepare the necessary right-of-way dedication plats under this item. Survey. Platting. Topographic Mapping and Utilities As -built $24,000 Lump Sum 2. Prepare Preliminary Layout Once we receive the survey base we will prepare a preliminary plan and profile and meet with you, VDOT and County staff to elicit any preliminary comments Prepare Preliminary Plat $6,500 Lump Sum 3. Road Relocation Work under this task will include the site improvements required for the relocation of Route 672 as indicated on the preliminary plan. It includes coordination with you, VDOT and County review agencies on plan preparation, submission and approval. It does not include application fees for which you will be responsible. Road Relocation $18,000 Lump Sum 4. Stormwater and Erosion Control Plans Work under this item will include design of the Erosion and Sediment Control plans including the necessary detention system to mitigate increased flows. Stormwater Plans $9,500 Lump Sum 5. Plan Application and County Revie%% Work under this item will include design of the Erosion and Sediment Control plans including the necessary detention system to mitigate increased flows. County Application $4,500 Our total cost therefore is $62,500. This proposal does not include geotechnical or transportation engineering or survey site stakeout services. if required we can provide a cost for those upon request. Additionally the necessary signalization plan and transportation studies will be covered under a separate proposal. All delivery services, travel, reproduction and printing costs will be billed per the attached rate schedule. If this proposal is acceptable, please indicate, in the space provided below, the corporation, partnership, or other entity, authorized to transact business in the Commonwealth of Virginia, which will be a party to this agreement. The executed proposal will serve as our agreement for professional services to be rendered and shall be interpreted in accordance with the laws of the Commonwealth of Virginia. Please return one (1) signed copy (via fax or mail) to initiate this agreement. RE: Engineering services to design intersection improvements at Hopewell Rd and Brucetown Rd on Martinsburg Pike, Frederick Co, VA Dear Mr. Oates: This letter is in response to your request for a quote for engineering services to design intersection improvements at the intersection of Hopewell Road and Brucetown Road with Martinsburg Pike. It is my understanding that a feasibility study will be performed by others to establish the desired intersection configuration, and this information will be provided as a basis of the engineering to be performed. The scope of work, although vague, will consist of surveying and engineering design services to prepare plans for the construction of the proposed improvements. Services such as planning, rail engineering, right of way acquisition, environmental planning and/or permitting, and construction related services are not included. Based on the current understanding of the work to be performed, we estimate the work will cost about $48,500.00. Given the unknowns, this cost may vary when a detailed scope of services can be established. Thank you for allowing Stowe Engineering to provide you with professional services on this project. If you have any questions, do not hesitate to contact me. Sincerely, Untitled Page • Page 1 of 1 • .--------- ....__.._.__._._-.-._ r«I�ri�l l l,>n,e Fi-ederi c t COL111ty V i ro - i m a L11-- AT THE T(')?' Pay/Lookup Taxes Note: (Nc the print key for \ our hro\\Ser to print a Cop). of the screen at and time. Payment Home Personal Property Real Estate ShoppingCart(0) Pin Options Change Email Other Taxes Pay Parking Violation View/Print Real Estate Tax Bills Map Number: 33 A 124A View Mal) Name: SILVERWOLFE LLC Vicwt3ill AcCuunitt 6506 6506 Depl# RE2012 RE2012 Ticket{t 35375 35375 Se(Ill 1 2 Due Date 6/15/2012 12/5/2012 DesCription 2012 REAL ESTA'I'F, rnXI;S 2012 REAL, ES'f ATE TA nmuunt D„e $0.00 $0.00 ViewQill i Total Due: $0.00 Return to Search— littps://taxes.co.fi•ederick.va.us/applications/tr_paytaxes/TicketsByMAP.aspx 1 /28/2013 0 C Mike Rudd From: Rod Williams Sent: Monday, February 18, 2013 10:25 AM To: Mike Ruddy Subject: Woodside Commercial Center rezoning amendment Re: Woodside Commercial Center rezoning, Tax Map Number 33-A-124A (the OPropertyO), B3 zoning district, with proffers, to the B3 zoning district, with revised proffers O proposed revised proffer statement dated ]anuary 28, 2013 Mike, I have reviewed the above proposed revised proffer statement (the OProffer StatementO) and find that, subject to the following comments, it is in acceptable form: 1. The Proffer Statement should simply refer to the OownerO, as opposed to the OapplicantO, to prevent any ambiguity regarding the obligation to perform the proffer commitments. This is a new practice that, in recent months, I have been requesting, especially in light of the fact that proffer statements are now being recorded in the land records. roff'j 2. The description of the rezoning in the first paragraph should really refer to the current rezoning amendment, that is, a rezoning from the B3 zoning district, with proffers, to the B3 zoning district, with revised proffers, as that is the import of the current request. 3. Proffer 1.c.i. O The proffer is ambiguous regarding what it means by Oto lu designate one inter -parcel connectionO. Does this mean that the owner will file a master development plan or site plan showing the connection at the indicated time, record an easement at the indicated time, or actually construct its portion of the connection at the indicated time? 4. Proffer 1.d.i. O Staff should be aware that the dedication of right-of-way for a Woodside Road appears to include only such portion of the Property that is within 25 feet of the centerline of Woodside Road. 1 5. Proffer 5 O The proffer would best clarify that the limitations also apply to the 0" other business categories within SIC 55 and not just to SIC 5541. Rod Roderick B. Williams Q� -0 County Attorney (v Frederick County, Virginia f� 540-722-8383 0 C (�G�-Y �-a ✓ PTV ue,�.� 15 b ot. 5 c od rnn e- diet. • �r'wL 0-),tS ►'tO►�f - �u,�oJ ✓'fit/ uA,, > . Initials Date & Time' Candice Mark Dana Eric John COMMENTS: (S:Offlce on Blackbox\FormslDocument Approval Form — 08115/12) GARY R OATES os-11 1073 REDBUD RD WINCHESTER, VA 22603 Pay to the 0✓ yU Order ofu(M,�,Q 1290 68-251/514 06 Date $ roc). 00 Dollars 8 BANK f aa�. CLARKE COUNTY 202 NORM LOUDOIIN ST WINGHESTER, VA 426pt For l:0 S L 40 2 S LBl: u' 4 S 3 2 L S Su' L 90