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HomeMy WebLinkAbout02-07 Proffer Statement04 AMENDMENT Action: PLANNING COMMISSION: March 21, 2007 - Recommended Approval BOARD OF SUPERVISORS: April 25, 2007 ID APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02 -07 OF EASTGATE COMMERCIAL WHEREAS, Rezoning 02 -07 of Eastgate Commercial, submitted by Patton Harris Rust & Associates, to rezone 10.65 acres from the RA (Rural Areas) District to the B2 (General Business) District and 8.23 acres from B3 (Industrial Transition) District to B2 District, with proffers, for commercial uses, was considered. The properties are located west of Front Royal Pike (Route 522 South), immediately north and south of Maranto. Manor Drive, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 87 -A -34, 87- A -34B, 87 -A -35, 87 -A -36, 87 -A -37 and 76 -A -53. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 21, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 25, 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 amended to revise the Zoning District Map to change 10.65 acres from the RA (Rural Areas) District to the B2 (General Business) District and 8.23 acres from B3 (Industrial Transition) District to B2 District, for commercial uses, with proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #28 -07 0 This ordinance shall be in effect on the date of adoption. Passed this 25th day of April, 2007 by the following recorded vote: Richard C. Shickle, Chairman Ave Aye Aye Aye Barbara E. Van Osten I Bill M. Ewing Charles S. DeHaven, Jr ATL Aye Aye Gary Dove Gene E. Fisher Philip A. Lemieux A COPY ATTEST John R. WR Frederick County Administrator i PDRes 428 -07 0 e PROPOSED PROFFER STATEMENT RE" /_ONING: RZ # Rural Areas (RA) — 10.65 acres and industrial Transition (B3) 8? 3 acres to Business General (B 2) PROPERTY: 18.88 acre + / -; Tas Map Parcels 87 -A -34, 34B, 35, 36, 37 and portion of 76- A-53 (the "Property ") RECORD O \VNER: Wrights Run, LP; Real Tech, LLC; Steven and Mary Ritter APPLICANT: Wrights Run, LP PROJECT NAME: Eastgate Commercial ORIGINAL DATE November 13, 2006 OF PROFFERS: REVISION DATE(S): February 9, 2007 February 10, 2007 February 21, 2007 March 3Q The undersigned hereby proffers hat the use and development of the subject property supersede ll as er d above, shall b e been strict d pr hereto. 1t t In following vent that t h e bove referencehi B2 c ondional rezoning is n ot granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed f the Pro witnd sh al b u lga d vol :d d. as hat rezoning pr offers hich is in e ffect n on the day following the day P may w thted Fr the appropiat Board c c ourt, If C the Board's decision is " hgr \pp gant n no g ripon ro submit development plans until such contest is re solved, the term rezoning shall include the day following t o s u of a final court order affirming the decision of he Bond which has not been appealed, or, if appealed, r e the day following which the firmed on appeal. The teen "Applicant" as d ih h decision has been affirmed these herein shall include within its meaning all fumxe owners and successors m interest when used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Eastgate Commercial" dated November 12, 2006 revised February 9, 2007 (the 'GDP "), and shall include the following: 1, Trans_no�rutl — °n . 1.1 The Applicant shall locate a right in /right out entrance to shll access the site al th Maranto general location depicted on the GDP. No additional entrances a l Manor Drive between the identified entrance and Maranato Ma nor Dnvc's texnunus at a located along Route 522. Said improvements shall be subject to VDOT review and approval during site Plan review. (See 1 on GDP) t the 1.2 inter ePti of Rau,,ille Road and Tasker Road p rior tt'o left turn l anes of a land disturbance e Property. The Applicant shall construct said improvements within 180 days permit for th of receiving e ro n notice from the County and /or VDOT. (See 2 on GDP) 1.3 The Applicant shall bond a traffic signal and the following turn lanes at the intersection of the future project entrance and the existing entrance for the Home Depot Distribution e Centex on Maranto Manor Drive: Southbound left turn lane, Southbound right turn lane, 0 Proffer Statement Eastgate Commercial Westbound right turn lane, Westbound left turn lane, Northbound left turn lane, Eastbound issuance of a land left turn lane. The Applicant shall bond said improvements prior to disturbance permit and shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT (See 3 on GDP) I, lane f M arac t o 1 4 inter e of Mallarlto ManoraandoRoute 522 prior [o issuanc of a land disturbance r permit for the Property . The Applicant shall construct said improvements within 180 days of receiving written notice from the County and /or VDO'f. (See 4 on GDP) 1.5 The Applicant shall bond an additional northbound left tarn lane, an additional eastbound left turn lane as well as any additional improvements as deemed necessary by VDOT at the intersection ofTasker Road and Route 522 prior to issuance of a land said improvements disturbance permit for the Property. The Applicant shall construct within 180 days of receiving written notice from the County and /or VDOT. (See 5 on GDP) ne ri shall be entrance along the 1.6 The Applicant shall locate a maximum of o Property's frontage with Route 522. Said entrance shall be subject to review and approval by W OT du ng site plan review. In the event that VDOT finds the proposed entrance acceptable, as generally depicted on the GDP. (See 6 the right -in /right -out shall be lo on GDP) 1.7 Rainville shall d i shall be constructed prior tolissuance existing of a certificate of Road Said occupancy for any building on the Poperty. niprovements shall be made in conformity with the GDP l.g Transportation 2, Pedestrian - Bicycle T rail 2.1 The Applicant shall construct a 10 foot public pedestrian- bicycle trail with an asphalt surface along the Property frontage on Route 522. in lieu of sidewalks 3, Moneta n Contribution to Offset lm act of Develo men Frederick 3.1 Coe my for fire id rescue purposesmSaid of sshalll dollars emade2 t the time of issuance of the first building permit for the site. 3' Ul,Applic Sheri o Offb ut tale cs.utiSaoid two contnUuton slhallrbe made 0 at the Frederick cf issuance of the first building permit for the site. q. Land Use the Property shall not exceed a Floor Area Ratio (FAR) of .25. 4.1 Development on 4.2 No loading bays shall be visible from Route 522 or Tasker Road. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 2 of 5 • Proffer Statement Respectfully subm tted, Wxights Run, LP Wk Date: S 4 c)-1 A Eastgate Connnewial STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: R d da of � /# nom Th Fo xe¢oing instrument was acknowledged before me this �_ Y 2007, b' n ; � My co ssio :Notar P bhcm ��' Page 3 of 5 0 M com expires ! 2 aov 8 Notary public C f1 ®14 X 1 1 Proffer Statement Respectfully submitted, By Real Tech, LLC Date: � o e Eastgate Commercial STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: as acknowledged before me this gel day of The foregoing instrument w Anrr > 2007, by n 11 w iti , �Lnn Page 4 of 5 Proffer Statement Respectfully submitted, Steven Ritter BY Date: / r 5 — ")y Eastgate Commercial STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, Th foregoing instrument was acknowledged before me this I-) day of > 2007, by 2-x'7 My concession ex�es Notary Public Mary Ritter B Date: y` S- 77 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The fore goin g instrument was acknowledged before me this 5 day of - - - > 2007, by i As My commission expir Notary Public page 5 of 5 .. �\ �h 4 :< 0 a ���� R ✓ \VARI —jPSKE R \ EX. ZONING B3 h EX. ZONING B2 JWITE'S STORAGE / \ G �O G� F S� <J r r � r � EXISTING RA — 10.65 AC EXISTING B3 — 8.23 AC TOTAL — 18.88 AC lb o v . rn FUTURE Z�IiIC✓si RIGHT — IN EXISTING B3 RIGHT —OUT PROPOSED- B2 •� EXISTING B3 >o• PROPOSED EXISTING RA A ` PROPOSED B2 Riq. o � � XISTING B2 ] 1 EXISTING- �f \ ©R1X HT —IN GHT —OUT �Y J EXISTING RA /1 PROPOSED B2 EXISTING HOME DEPOT / DISTRIBUTION CENTER EXISTING M -1 j EASTGATE- COMMERCIAL GENERALIZED DEVELOPMENT PLAN FREDERICK COUNT V IR G INIA Patton, Harris, Rust & Associates 117 E. Picadilly St. Winchester, Virginia 2261 VOICE: (540) 667 -2139 FAX: (540) 665 -049 AQ ,R s} PROPOSED PROFFER STATEMENT•; REZONING: RZ # —� Rural Areas (RA) —10.65 acres and Industrial Transition (B3) 9.23 acres to Business General (132) PROPERTY: 18.88 acre + / -; Tax Map Parcels 87 -A -34, 348, 35, 36, 37 and portion of 76- A-53 (the "Property") RECORD OWNER: Wrights Run, LP; Real Tech, LLC; Steven and Mary Ritter APPLICANT: Wrights Run, LP PROJECT NAME: Eastgate Commercial ORIGINAL. DATE November 13, 2006 OF PROFFERS: REVISION DATE(S): February 9, 2007 February 10, 2007 F e b ruary 21, 2007 The undersigned hereby proffers that the use and development of the subject property (,Property") as described above, shall be in strict conformance with the following conditions, which shall supersede all he event that the above re f ere nced B2 c onditional proffers shall other proffers that may have been mad prior hereto. In t rezoning is n d as applied for by the applicant ( "Applicant "), these ot grante deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last dap upon which the Frederick County Board of County Supervisors (the "Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day on appeal. The term "Applicant" used referenced following which the decision has been affirmed herein shall include within its meaning a ll future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled0`�Gedze l 'GDP I "), and shall February Plan, Eastgate Commercial" dated November 12, 2006 revised February 9, include the following: ], TranSDOrtalwn 1.1 The Applicant shall locate a right in /right out entrance to access the site in the general location depicted on the GDP. No additional entrances shall be located along Maranto Manor Drive between the identified entrance and Maranato Manor Drive's terminus at Route 522. Said improvements shall be subject to VDOT review and approval during site plan review. (See 1 on GDP) 1 The Applicant shall bond a traffic signal and two northbound left turn lanes at the intersection of Rainville Road and Tasker Road prior to issuance of a land disturbance permit for the Property. The Applicant shall construct said improvements within 180 daps of receiving written notice from the County and /or VDOT. (See 2 on GDP) 1 The Applicant shall bond a traffic signal and the following turn lanes at the intersection of the f project entrance and the ome Depot Distribution existing entrance for the H Center on Maranm Manor Drive: Southbound left turn lane, Southbound right turn lane, 6 Eastgate Commercial Proffer Statement Westbound right turn lane, Westbound left for lane, Northbound left turn lane, Eastbound left turn lane. The Applicant shall bond said improvements prior to issuance of a land disturbance permit ad shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. (See 3 on GDP) 1.4 Th intersection of Maxanto Manor an d RouteE� 2 prior to issuance of Ma lndd disturbance permit within 180 days of for the Property. The Applicant shall construct said improvements receiving written notice from the County and /or VDOT. (See 4 on GDP) d left 1.5 eastbound left nun ]bneas an w ell aas any aadditionalr i as deem l an d necessary by d Route 522 prior issuance a land VDO at the intersection of Tasker Road an disturbance permit for the Property. The Applicant shall construct said improvements the County and /or VDOT. (See on within 180 days of receiving written notice from GDP) 1 b The Applicant shall locate a maximum of one tight -iii /tight - out entrance along the Property's frontage with Route 522. Said entrance shall be subject to review and approval by VDOT during site plan review. In the event that VDOT finds the proposed entrance acceptable, the right -m /right -out shall be located as generally depicted on the GDP. (See 6 on GDP) 1.7 Rain ille Road. imp ov ernent shall be cons tructed prior to of a certificate of g occupancy for any budding on the Property . 1 Transportation improvements shall be made in conformity with the GDP. Z, Pedestrian - Bicycle Trail 2 T h e Applicant of sidewalks l on g ti Pr frontage n Route b 2 nail with an asphalt surfa 3, Monet, Contribution to Offset Im act of Develo ment 3.1 County Appl s hall contri the Said o f two thousand t ibution shall be made the of Fre uance of the fast building perm for the site. 3 The Applicant shall contribute the amount of two thousand dollars ($2,000 e at to Frederick County for Sheriff's Office purposes. Said contribution shall be made at the time of issuance of the first building perinit for the site SIGNATURES APPFAR ON THE FOLLOWING PAGES Page 2 of 5 • Proffer Statement • Respectfully submitted, Wtigbts Run, LP / p By: D� /tn ldf /dAhH Date: Eastgate Commercial STATE OF VIRGINIA, AT I ARC S FREDERICK COUN'I'Y, To wit knowledged before me this - —day ofa The foregoing instrument was ac s � — 2007, by IQ-.J 1 d _ Zoo M commission expires A YA —Il e , e � Notary Public • • Page 3 of 5 Proffer Statement • Respectfully submitted, Real Tech, LLC Date: 40 Eastgate Commercial STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit r day Th f o ;eg' iing instrument was acknowledged before me this 2007, by r ^5 L) So My commission cxp res / O �f 1 Z O D 7 �k M , e� Notary Public • • page 4 of 5 • Proffer Statement 0 Respectfully submitted, Steven litter By: j tL 2 � Date: 2 — 4 O7 0 Eastgate Commercial STATE OF VIRGINIA, AT LARGE - F!:I DL:RICK COUNTY, To -wit: foregoing instrument was acknowledged before me this day of , �I commissio pries �n T?otaLypublic • b4axy Ritter By.: r Date: STATE OF VIRGINIA, AT LARGE, FRFDERICK COUNTY, To -wit The foregoing instrument was acknowledged before me this day of 2 :by — My comt � xes �+.e iA z : y Puhlic E Pugc 5 of 5 119 • 0 III. • PROPOSED PROFFER STATEMENT • e PROPOSED PROFFER STATEMENT REZONING: RZ # A �- D2 Rural A reas (RA) —10.65 acres and industrial Transition (B3) 823 acres to Business General (I32) 18.88 acre + Map paree PROPERTY: 87 -A -34, 34B, 35, 36, 37 and portion of 76- A -53 (the "Property') RECORD OWNER: Wrights R un, 1,1 Real Tech, LLC; Steven and Mary Ritter APPLICANT: Wrights Run, LP PROJECT NAME: Eastgate Commercial ORIGINAL DAZE November 13, 2006 OF PROFFERS: 1tEVISION DATE(S): 2/9/07 2/10/07; 2/21/07; 2/30/07; 4/17/07 The undersigned hereby proffers that the use and development of the s object property s u e e ty„ ), rs e f cont a, O ther de sc r ibed b may h ve been in poomhexeto. t ln t the event that the bove referenced sha rencedB_2 conditional p rezo is not granted as applied for by the applicant ("App licant"), licant"), these proffers shall be deems of the rt these with wand`shall rezoning i de fined void. as Fu that rezoning which in effe t day following l th gl. st day are P (t upon which the Frederick County Board of County Supervisors he "Board") decision granting the rezoning o t develop ent p ch contest is Bo olved� he ormsrezoning� hall include he day following my be contested in the entry of ffilial in co which ord tl e der ngthe de cisio n o of th a ondappeal. has The term "Applicant as i r eferenced he da} g in these h rem'shtheincludera within Development l Plan mx sn ll refex the plan enttled " G "Generalized De�clopment P Plan, Eastgate Commercial" dated November 12, 2006 revised April 16, 2007 (the "GDP "), and shall i the following: 1. Trans_DOrt 1.1 Tile loca tion Ap plican t depi on thetGDPghNo additional e nttxancesoha11 be llocated . long Maxanto Manor Drive between the identified entrance and Maranato Manor Drive's t at Route 522. Said improvements shall be subject to VDOT review and approval during site plan review. (See 1 on GDP) 1.2 left Applicant at the intersection bond ect on of R inville Roadnorthbound kertKoadlpresr issuance of a westbound land disturbance permit for he Property. The Applicant shall construct said improvements within 18o days of receiving written notice from he County and /ox VDOT . (See 2 on GDP) 1.3 the future projcctaentr nce and the ex centrance(for the Home lanes at of Distribution 11 Proffer Statement • Eastgate Commercial Centex on Maranto Manor Drive: Southbound left turn lane, Southbound right turn lane, Westbound right turn lane, Westbound left turn lane, Northbound left turn lane, Eastbound left turn lane. The Applicant shall bond said improvements prior to issuance of a land disturbance permit and shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. (See 3 on GDP) 1.4 The Applicant shall bond an Eastbound left turn lane for Maranto Manor Drive at the intersection of Maranto Manor and Route 522 prior to issuance of a land disturbance permit for the Property. The Applicant shall construct said improvements within 180 days of receiving written notice from the County and /ox VDOT. (See 4 on GDP) 1.5 The Applicant shall bond an additional northbound left turn lane, an additional eastbound left turn lane as well as any additional improvements as deemed necessary by VDOT at the intersection ofTasker Road and Route 522 prior to issuance of a land disturbance permit for the Property. The Applicant shall construct said improvements w hin 180 days of receiving written notice from the County and /or VDOT. (See 5 on GDP) 1.6 The Applicant shall locate a maximum of one right -in /right -out entrance along the Property's frontage with Route 522. Said entrance shall be subject to review and approval by VDOT during site plan review. In the event that VDOT finds the proposed entrance acceptable, the right -in/ ght -out shall be located as generally depicted on the GDP. (See 6 on GDP) 1,7 The Applicant shall construct the extension of Maranto Manor Drive to connect to existing Rainville Road. Said improvement shall be constructed prior to issuance of a certificate of occupancy for any building on the Property. mprovements shall be made in conformity with the GDP 1.8 Transportation . 2. Pedestrian - Bicycle Tr ail 2.1 The Applicant shall construct a 10 foot public pedestrian- bicycle trail with an asphalt surface in lieu of sidewalks along the Property frontage on Route 522. 3, Moneta Contribution to Offset Im act of Develo ment 3.1 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made at the time of issuance of the first building permit for the site 3.2 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to Frederick County for Sheriffs Office purposes. Said contribution shall be made at the time of issuance of the First building permit for the site. 4, Land Use 4.1 Development on the Property shall not exceed a Floor Area Ratio (FAR) of .25. 4.2 No loading bays shall be visible from Route 522 or Tasker Road. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 2 of 5 0 Proffer Statement Respectfully submitted, Wrights Run, LP Bv: Date: o 44 01 Eastgate Commercial STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit The fore oing ins ument w 2007, by as acknowledged before me this day of�� - - - -' A i� N � My commission expires- D �` /zOD 7 O Q Notary Public Page 3 of 5 0 Eastgate Commercial Proffer Statement Respectfully submitted, Real Tech, LLC I I, �q� 1 11 �I In 1 L(I �ANAll1 By: Date: f Ynj of u STATE OP' VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 2007, by 4IM ud My commission expires '0 Notary Public Page 4 of 5 rh t. day of �— Proffer Statement • Respectfully submitted, Steven Ritter By: j,Co LQp / Yli //o� Date: 41 7� • Eastgate Commercial STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Th foregoing instrument was acknowledged before me this ZD day of 2007, by / My com mission � e - xpires Notary Public Mary Ritter B Date: //- STATE: OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The fare .oing instrument was acknowledged before me this �� day of -- 2007, by My commission expires 3 u 2OV Notary Publics Page 5 of 5 h zh o W� I p ' - -� -_ 1PSKER R� 2 EX. ZONINGS B WHITE'S STOR AGE i ZONING EXISTING. B3 / PROPOSED B2 . \ gR gHTO EX. ZONING- B2 G \ G F 5 FUTURE r RIGHT —IN RIGHT —OUT EXISTING- B3 > �. PROPOSED 32 EXISTING B2 EXISTING RA — 10.65 AC ; EXISTING B3 — 8.23 AC J j EXISTING- TOTAL - 18.88 AC EXISTING HOME DEPOT DISTRIBUTION CENTER / EXISTING M -1 EX STING, RA PROPOSED B2_ \ \ \ \� ©R�KiHT —IN RRIIGHT —OUT EXISTING RA PROPOSED 32 EASTGATE COMMEf?CIAL Patton, Harris, Rust &Associates, ` \ W GENERALIZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 2260' O O VOICE: (540) 667 -2139 FAX: (540) 665 -0493 FREDERICK COUNTY P /RCINA V AMENDMENT Action: PLANNING COMMISSION: March 21, 2007 - Recommended Approval BOARD OF SUPERVISORS: April 25, 2007 1 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 402 -07 OF EASTGATE COMMERCIAL WHEREAS, Rezoning #02 -07 of Eastgate Commercial, submitted by Patton Harris Rust & Ass( to rezone 10.65 acres from the RA (Rural Areas) District to the B2 (General Business) District at acres from B3 (Industrial Transition) District to B2 District, with proffers, for commercial us( considered. The properties are located west ofFront Royal Pike (Route 522 South), immediately no south of Maranto. Manor Drive, in the Shawnee Magisterial District, and are identified by P: Identification Numbers 87 -A -34, 87- A -34B, 87 -A -35, 87 -A -36, 87 -A -37 and 76 -A -53. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 21, 2007; WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 25, 2007; WHEREAS, the Frederick County Board of Supervisors fmds the approval of this rezoning to b the best interest of the public health, safety, welfare, and in conformance with the Comprehen Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Ma change 10.65 acres from the RA (Rural Areas) District to the B2 (General Business) District and F acres from B3 (Industrial Transition) District to B2 District, for commercial uses, with proffers described by the application and plat submitted, subject to the attached conditions voluntarily profff in writing by the applicant and the property owner. PDRes #28-07 w tY O � G m 7 a e E N ? it C 0 a E v o a9 #0 o N N ® ) C > v U LO co Y LA Z N O C u u v9822283i1° S3LOL SE, L1:2079900L36854112