HomeMy WebLinkAboutRez. 01-18 Stonewall IV proffer 4.2 satisfiedMark Cheran
From:
Sent:
To:
Mark Cheran
Wednesday, April 10, 2024 10:47 AM
Harders, Marian
Subject: RE: '[External]'RE: '[External]'RE: Rezoning #01-18, Stonewall IV - Satisfaction of Proffer #
4.2
1 have reviewed the package for the Proffers of Rezoning #01-18 Proffer 4.2 has been met
From: Harders, Marian <mharders@thelandlawyers.com>
Sent: Wednesday, April 10, 2024 10:05 AM
To: Mark Cheran <mcheran@fcva.us>
Subject: '[External]'RE: '[External]'RE: Rezoning #01-18, Stonewall IV - Satisfaction of Proffer #4.2
Hi. Wondering if there are any updates?
Thank you, Mark.
Marian
"�Ti1
W
Marian Harders I Senior Land Use Planner
Walsh, Culuccl, 'iLu4eley & Walsh, P.C.
4310 Prince William Parkway Suite 300 1 Prince William, VA 22192
Phone: 703.680.4664 x5121 Fax: 703.680.6067 (Direct: 571.989.5121)
mharders@thelandlawyers.com I www.thelandlawyers.com
Named to the U.S. News & World Report Best Law Firms, 2016-2022
Ranked in Chambers USA, Band 1, Real Estate Firm, Northern Virginia, 2007-2022
Please consider the environment before printing this e-mail.
From: Mark Cheran <mcheran@fcva.us>
Sent: Tuesday, April 2, 2024 9:04 AM
To: Harders, Marian <mharders _ thelandlawyers.com>
Subject: RE: '[External]'RE: Rezoning #01-18, Stonewall IV - Satisfaction of Proffer #4.2
External Sender. Be aware of links, attachments
and requests.
I have gotten the package and I am reviewing the proffer
From: Harders, Marian <mharders thelandlaw ers.com>
Sent: Monday, April 1, 2024 10:18 AM
To: Mark Cheran <mcheran@fcva.us>
Cc: Knott, III John <knott a uusdevelo ment.com>; Daniel P. DiLella (dmdilella a uus artners.com)
<dmdilella a uus artners.com>; Foote, John <ifoote the land lawyers. com>
Subject: '[External]'RE: Rezoning #01-18, Stonewall IV - Satisfaction of Proffer #4.2
Good morning Mark,
When convenient, could you please confirm receipt of the FedEx package? Do you have an anticipated timeline for a
response?
If you have any questions, please let us know.
Thank you very much.
Marian
Marian Harders Senior Land Use Planner
Wals(ti, Colucei, Le bak-ys i V-C-
4310 Prince William Parkway Suite 300 Prince William, VA 22192
Phone: 703.680.4664 x5121 Fax: 703.680.6067 (Direct: 571.989.5121)
mharders@thelandlawyers.com I www.thelandlawyers.com
Named to the U.S. News & World Report Best Law Firms, 2016-2022
Ranked in Chambers USA, Band 1, Real Estate Firm, Northern Virginia, 2007-2022
Please consider the environment before printing this e-mail.
From: Harders, Marian
Sent: Monday, March 25, 2024 3:12 PM
To: Mark Cheran (mcheran@fcva.us) <mcheran@fcva.i-->
Cc: Knott, III John <jknott _ eouusdevelopment.com>; Daniel P. DiLella (dmdilella@epuuspartners.com)
<dmdilella Peg uus artners.com>; Foote, John <ifootepthelandlawyers.com>
Subject: Rezoning #01-18, Stonewall IV - Satisfaction of Proffer #4.2
Hello Mark,
As a follow up to my voice message from earlier today, please use the link below to download a copy of our request for
confirmation of satisfaction of Proffer #4.2 associated with Rezoning #01-18, Stonewall IV.
Here is the link: ntt s: thelandlaw ers.sharefile.com d-s1966321878094ef5b19c385135ee406f
Once you have had a chance to review the letter and supporting documents, please do not hesitate to contact me or
John Foote at (703.680.4664) if you have follow up questions.
When ready, please provide a copy of your confirmation regarding Proffer 4.2 to all on this email.
Thank you very much for your return phone call this afternoon, and we look forward to your response.
Marian
Marian Harders I Senior Land Use Planner
Walsh, Colucci, Lubeley & Walsh, P.C.
4310 Prince William Parkway Suite 300 1 Prince William, VA 22192
Phone: 703.680.4664 x5121 Fax: 703.680.6067 (Direct: 571.989.5121)
r.-iria.-�a,,s@-Zralandlawyers.com I www.thelandlawyers.com
Named to the U.S. News & World Report Best Law Firms, 2016-2022
Ranked in Chambers USA, Band 1, Real Estate Firm, Northern Virginia, 2007-2022
Please consider the environment before printing this e-mail.
Attomey-Client Privileged Communication: The information in this email and attachments is attomey-client privileged and confidential information intended only for
the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or
copying ofthis communication is strictly prohibited. If you have received this communication in error, please delete it and immediately notify us by email or by
phone. Thank you
E 19
WALSH COLUCCI
LUBELEY & WALSH PC
Marian B. Harders
Senior Planner
(703) 680-4664 Ext. 5121
mhardersCWthelandlawyers. corn
March 22, 2024
Via Federal Express &
Email mcheran a' cva.us
Mark Cheran
Zoning & Subdivision Administrator
County of Frederick
107 North Kent Street, Suite 202
Winchester, VA 22601
Re: Rezoning 401-18, Stonewall IV
Satisfaction of Proffer #4.2
Dear Mr. Cheran:
In connection with Rezoning 901-18, Stonewall IV (the "Rezoning"), and on behalf of
Stonewall 4A Owner, LLC (the property owner), enclosed please find three (3) copies of a
memorandum regarding the "Historic Architectural Site Inspection of Glengary (VDHR#034-
1099) in Frederick County, Virginia" prepared by Dutton + Associates, dated March 1, 2024.
The memorandum was prepared in accordance with Proffer 94.2, approved with the
Rezoning, (see Attachment A), which states:
The applicant, working with a quaked professional architectural historian, shall
inspect prior to demolition the non -heated areas of the residential building for the
presence of partially hidden or obscured historical artifacts or material. The
applicant shall notify the Planning Director of any historic artifacts or material
that may be discovered during the inspection and subsequent demolition of the
residential building.
As set forth in the memorandum, the architectural fieldwork and reporting conducted as
part of the investigations conforms to the guidance specified in the Secretary of Interior's
Standards and Guidelines for Archeology and Historic Preservation (Federal Register 48:44716-
44742, September 29, 1083), the VDHR Guidelines for Conducting Historic Resources Survey in
ATTORNEYS AT LAW
7036804664 WWW.THELANDLAWYERS.COM
4310 PRINCE WILLIAM PARKWAY SUITE 300 WOODBRIDGE. VA 22192-5199
ARLINGTON 703 528 4700 LOUDOUN 703 737 3633
Virginia, rev.2017; and it adheres to the terms of Proffer #4.2. Further, the D + A Project
Manager and architectural historian directing and conducting the effort meets the professional
qualification standards of the Department of the Interior (48 FR 44738-9).
With the submission of this memorandum, we respectfully request confirmation from
your office that Proffer #4.2 has been satisfied.
Should you have questions or need additional information, please contact me or John
Foote at 703.680.4664.
Thank you for your time.
Sincerely,
WALSH, COLUCCI,
LUBELEY & WALSH, P.C.
Marian B. Harders
Senior Planner
Enclosures: as stated
cc: John Knott (email only)
Dan DiLella (email only)
John Foote, Esq.
P 1408140.DOCX
Attachment A
August 10, 2018
Mr. John Knott
Equus Capital Partners, Ltd.
3843 West Chester Pike
Newtown Square, PA 19073
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/665-6395
RE: REZONING #01-18 Stonewall IV PINS: 43-A-21, 43-A-21B, 43-19-4 and 43-A-24
Dear Mr. Knott:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting on August 8, 2018. The above -referenced application was approved to rezone 88.91+/- acres
from the RA (Rural Areas) District to the MI (Light Industrial) District with proffers. The properties
are located at the southern terminus of Lenoir Drive (Route F-732) in the Stonewall Magisterial
District and are identified by Property Identification Numbers 43-A-21, 43-A-21B, 43-19A and 43-A-
24.
The proffer statement, originally dated June 6, 2018 and revised on July 27, 2018 that was approved as
a part of this rezoning application are unique to the above referenced properties and are 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 Clerk 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,
Candice Perkins, AICP, CZA
Assistant Director
CEP/pd
Attachments
cc: Judith McCann -Slaughter, Supervisor Stonewall District
Gary Oates and William Cline, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
Ellen Murphy, Commissioner of Revenue
Rod Williams, County Attorney w/Proffer and Resolution
,Cheryl G. Morris, P.O. Box 2802, Winchester, VA 22604
John Foote, Walsh Colucei Lubeley & Walsh, 4310 Prince William Prkwy, Ste 300,
Woodbridge, VA 22192
107 North Kent Street, Suite 202 + Winchester, Virginia 22601-5000
PROFFER STATEMENT
EQUUS CAPITAL PARTNERS
STONEWALL MAGISTERIAL DISTRICT
88.91+/- Acres
Rezoning: #01-18
Record Owner Cheryl Grimm Morris
Applicant: Equus Capital Partners, LTD
Property: Parcels 43 A 21, 43 A 2113, 43 19 4 and 43 A 24, comprising a total
of approximately 88.91 acres, as shown on the Generalized
Development Plan (hereinafter "the Property").
Zoning: RA (Rural Areas) to M-1 (Light Industrial)
Project Name: Stonewall IV
Date: June 6, 2018
Resubmittal Date: July 27, 2018
Pursuant to Va. Code Ann. § 15.2-2296, et seq., and § 165-102.06 of the Frederick
County Zoning Ordinance, the undersigned hereby proffers that the development and use
of the Property, consisting of 88.91 f acres, located on the north side of Route 37 and west
of its intersection with the Martinsburg Pike, shall be in substantial conformance with the
following conditions. In the event this rezoning is granted as applied for by the Applicant,
then these proffers shall supersede and replace in their entirety all other proffers made prior
hereto. In the event this rezoning is not granted as applied for by the Applicant, then these
proffers shall be deemed withdrawn and shall be null and void.
The term "Applicant" as referenced herein shall include within its meaning the
current owner, all future owners and successors in interest. The term "Generalized
Development Plan" or "GDP" as referenced herein shall refer to the plan entitled
"Stonewall IV Generalized Development Plan," prepared by Dice Engineering, PLC, and
dated April 5, 2018.
DEVELOPMENT AND USE OF THE PROPERTY
1.1. Development on the Property shall be limited to the construction of not
more than 820,000 gross square feet that shall be used solely for Warehousing, or High -
Cube Transload and Short Term Storage, Land Use Codes 150 and 154, as those land uses
are defined in the ITE Trip Generation Manual (101h Ed).
PROFFER STATEMENT
EQUUS CAPITAL PARTNERS
STONEWALL MAGISTERIAL DISTRICT
88.91+/- Acres
1.2. The development of the Property shall be in general conformance with the
GDP. However, upon the submission of final site or subdivision plans, minor modifications
and adjustments may be made to the road alignments, entrances, parking. dimensions of
the SVWBMP facilities, the exact configuration and location of building footprints, and
other similar features shown on the GDP.
1.3. The maximum height of the each building shall be sixty feet (60').
2 TRANSPORTATION.
2.1 Within 90 calendar days of a written request by the County, the Applicant
shall dedicate approximately 17.05 acres to the Frederick County Board of Supervisors, as
depicted on the GDP, for the Future Route 37 Bypass.
2.2 Access to the Property shall be as shown on the GDP. Provided that access
to the buildable area of the Property is not impeded or eliminated, the Applicant shall not
place above grade improvements on the southeast corner of the Property near the terminus
of Lenoir Drive in such a way as to preclude the construction of proposed slip ramps that
are currently depicted on the graphic entitled "Eastern Road Plan • Lenoir Drive Slip Ramp
Clarification." created by the Frederick County Department of Planning and Development,
dated October 17, 2017, and attached hereto for reference. The southeast corner of the
Property is subject to existing easements and/or covenants of record, as of June 6, 2018.
2.3 Within 90 calendar days of a written request by the County, the Applicant
shall further dedicate such right-of-way as it may own at the terminus of Lenoir Drive for
the purpose of construction of access to existing Route 3 7 as described in Proffer 2.2 above.
2.4 The Applicant shall contribute $250,000 to the County for the purpose of
general transportation planning, right-of-way acquisition, or construction. It shall make
such contribution upon issuance of an occupancy permit for any building.
3 FIRE AND RESCUE.
3.1 The Applicant shall contribute to Frederick County the sum of $0.10 per
gross square foot of construction as depicted on each site plan, to be used for fire and rescue
purposes in the general area. The contribution shall be made at the time of issuance of the
occupancy permit for each structure.
ira
PROFFER STATEMENT
EQUUS CAPITAL PARTNERS
STONEWALL MAGISTERIAL DISTRICT
88.91+/- Acres
4 CULTURAL RESOURCES_
4.1 The Applicant shall retain a qualified professional architectural historian to
perform a Historic American Building Survey (NABS) — standard level II1, as defined by
the National Park Service Heritage Documentation Program on the residential building and
its associated agricultural buildings Iocated on the property. The HABS standard level III
documentation shall be submitted to the Planning Director no later than with the
submission of a preliminary subdivision or preliminary site plan for the Property.
Following acceptance of the HABS standard level III documentation by the Planning
Director, the documentation shall be submitted to the National Park Service Heritage
Documentation Program.
4.2 The applicant, working with a qualified professional architectural historian,
shall inspect prior to demolition the non -heated areas of the residential building for the
presence of partially hidden or obscured historical artifacts or material. The applicant shall
notify the Planning Director of any historic artifacts or material that may be discovered
during the inspection and subsequent demolition of the residential building.
5 ESCALATOR.
5.1 In the event the monetary contributions set forth in this Proffer Statement
are paid to Frederick County within eighteen (18) months after final approval of this
rezoning, as applied for by the Applicant, said contributions shall be in the amounts as
stated herein. Any monetary contributions set forth in this Proffer Statement which are paid
to the County after eighteen (18) months following final approval of this rezoning shall be
adjusted in accordance with the Urban Consumer Price Index (CPI-U), published by the
United States Department of Labor, such that at the time contributions are paid they shall
be adjusted by the percentage change in the CPI-U from that date eighteen (18) months
after final approval of this rezoning to the most recently available CPI-U to the date the
contributions are paid.
[Signatures on following page.]
9
PROFFER STATEMENT
EQUUS CAPITAL PARTNERS
STONEWALL MAGISTERIAL DISTRICT
88.91+/- Acres
SIGNATURE PAGE
APPLICANT:
EQUUS CAPITAL PARTNERS, L'I'D
By: `/
Name: "7t}j �
Title: PSi b&rr
State of 1)4
County of J
Subscribed and sworn to before me this �?Rday of 12018 in my
County and State aforesaid, by the aforenamed principa
NOTARY PUBLIC
My Commission Expires: 3Q df
My Notary Registration Number: / 1�.5 q 3_3
tr�rlq� �I N�1wd� • Nrt�ry fiM
am6. 1Wlc
fiv CMWA ri bek" Apt A =I
11
PROFFER STATEMENT
EQUUS CAPITAL PARTNERS
STONEWALL MAGISTERIAL DISTRICT
88.91+/- Acres
OWNER:
T.
+
Cheryl Grilnm Morris, sole survive g tenant by the entirety
Commonwealth of Vir ijnila:
County of Frederick:
Subscribed and sworn to before me this ,may of , 2018 in my
County and State aforesaid, by the aforenamed principal.
Iti
NOTARY PUBLIC
My Commission Expires: /, aa- ,
My Notary Registration Number: t3(� .3 (� / �aG fa y r_ '•.
1300
5