HomeMy WebLinkAbout09-09 Proffer StatementGreenway Engineering
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August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
RECORD OWNER: Graystone Corporation of Virginia
APPLICANT: Graystone Corporation of Virginia
(here -in after the "Applicant
ORIGINAL DATE
OF PROFFERS: August 24, 2009
REVISION DATE: January 25, 2010
Preliminary Matters
GRAYSTONE CORPORATION OF VIRGINIA
PROFFER STATEMENT
REZONING: RZ oq -01
7
Rural Areas District (RA) to Light Manufacturing District (MI)
PROPERTY: 271.39± acres;
Tax Parcels #43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, (here -in
after the "Property
PROJECT NAME: Graystone Corporation Office and Industrial Park
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application o q -o7
for the rezoning of 271.39± -acres from the Rural Areas (RA) District to 271.39± -acres to
the Light Industrial (MI) District, 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
be approved by the Frederick County Board of Supervisors and their legal successors,
heirs, or assigns 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that such rezoning is not granted, then these proffers shall be deemed withdrawn and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 Property, more particularly described as the lands owned by Graystone Corporation
of Virginia (formerly Crider Shockey, Inc. of West Virginia), being all of Tax Map
Parcels 43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, and further described by Instrument
Number 030025588. (Please refer to Rezoning Application Deed Information).
Proffer Statement
Greenway Engineering
A. Generalized Development Plan
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
PROFFER STATEMENT
B. Ml, Light Industrial District Land Uses
C. Ml, Light Industrial District Design Standards
2
1. The Applicant hereby proffers to submit a Generalized Development Plan (the
"GDP for the Property. The purpose of the GDP is to identify the general
location of the M1 District office and industrial land bays, the general location of
the future Route 37 corridor study area, the general location of the Snowden
Bridge Boulevard urban four -lane divided collector road system with signalized
intersection or roundabout design and limited entrance locations, the general
location of on -site and off -site green space buffer areas, and the general location
of the adjoining parcels that are within permanent protective easements.
2. The Applicant hereby proffers to develop the Property in substantial conformity
with the proffered GDP, prepared by Greenway Engineering dated January 25,
2010. The GDP is recognized to be a conceptual plan and may be adjusted by the
Applicant to accommodate final design and engineering constraints without the
need of new conditional rezoning approval by the Frederick County Board of
Supervisors, provided that the adjustments do not eliminate or substantially
relocate the areas indicated on the proffered GDP.
1. The Applicant intends to develop the Property to implement industrial and office
land uses that are designed to coexist in an office park setting.
2. The Frederick County Board of Supervisors agrees to allow future office and
industrial land uses that are included within future amendments to the M1, Light
Industrial District to be developed on the Property without the need for
conditional zoning amendments.
1. The Applicant hereby proffers to establish an Architectural Review Board (ARB)
to oversee and approve all structural design exterior treatments for new
construction and structural additions to ensure high quality development
throughout the project. Additionally, the ARB will oversee and approve all
Proffer Statement
Greenway Engineering
D. Transportation Enhancements
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
3
monument signage and building mounted signage, to ensure consistency in the
design of signage throughout the project. Notwithstanding what is stated herein,
the ARB is intended to be in addition to and not intended to override or conflict
with any provisions of the Frederick County Code.
2. The Applicant hereby proffers to establish requirements for outdoor green areas
and/or outdoor plaza areas for the benefit of employees of the office and industrial
park. These outdoor green areas and outdoor plaza areas will be located within
each of the M1 District land bay areas identified in the proffered GDP.
3. The Applicant hereby proffers to establish internal asphalt trails for the benefit of
employees of the office and industrial park. These asphalt trails will be a
minimum of eight feet in width and will be designed to connect land uses
throughout the M1 District land bay areas identified in the proffered GDP
wherever possible. For each lot or parcel associated with the construction of a
building, the Applicant agrees to identify the location on said lot or parcel for
trails (if applicable, to said lot or parcel) and to have the trail constructed (if
applicable) prior to the issuance of the Certificate of Occupancy for the structure
or building on said lot or parcel.
4. The Applicant hereby proffers to establish a 100 -foot green space buffer area
along the northern boundary of the Property as depicted on the proffered GDP.
This green space buffer area will be left in its natural state to provide viewshed
mitigation for the Milburn Cemetery and the Helm- McCann springhouse. Said
buffer is in addition to the requirements of the Frederick County Code.
5. The Applicant hereby proffers to provide for evergreen landscaping along the
Redbud Road frontage of the Property identified as a green space buffer area on
the proffered GDP. The provision of this evergreen landscaping is to provide
viewshed mitigation between the Property and the Shenandoah Valley Battlefield
Foundation property. Said buffer is in addition to the requirements of the
Frederick County Code.
1. The Applicant hereby proffers to provide a corridor study area within the Property
as depicted on the proffered GDP that is a minimum of 350 feet in width. The
purpose of this corridor study area is to provide Frederick County with an
opportunity to determine a final alignment for Route 37 throughout the limits of
the Property through the completion of engineering design sufficient for this
purpose. The design within the corridor study area depicted on the proffered GDP
will provide access to the Property to the proposed interchange and Snowden
Proffer Statement
03
J
Grecnway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
Proffer Statement
4
Bridge Boulevard. The corridor study area shall be available to Frederick County
for a period of eight years from the date of rezoning approval to complete
engineering design necessary to determine the appropriate alignment and right -of-
way width for Route 37 within the Property. The Applicant agrees to cooperate
with VDOT and Frederick County to provide engineering information and reports
within the Applicant's possession if needed to assist with this design effort. The
Board of Supervisors may allow encroachment into and or the definition of the
corridor study area if necessary to accommodate site development proposals
through the Site Plan approval process.
2. The Applicant hereby proffers to provide for a maximum 350 -foot wide right -of-
way dedication for the Route 37 mainline section within the Property. The
mainline section is intended to include through travel lanes and collector
distributor lanes if necessary. It is agreed that any portion of the maximum 350
foot right -of -way that is not required for the Route 37 mainline section within the
Property will not be requested from the Applicant. The Applicant shall provide
the required right of-way dedication to Frederick County within 90 days from the
date of written notice by Frederick County, which shall occur after an official
decision has been made by Frederick County and VDOT for the alignment and
right -of -way width for the Route 37 mainline section within the Property. In the
event the aforesaid official decision has not been made for the Route 37 mainline
section within the time period specified in Section D(1), the Applicant may either
extend the time period for this decision, or may provide Frederick County with a
225 -foot wide right -of -way dedication for Route 37 within the corridor study area
depicted on the proffered GDP. The Applicant shall be allowed to install utilities
or other elements necessary for site development within the dedicated right -of-
way area, provided that this does not restrict use of the right -of -way.
3. The Applicant hereby proffers to provide for right -of -way dedication sufficient
for the development of up to an 800 -foot wide diamond interchange or a single
point urban interchange (SPUI) in the general location depicted on the proffered
GDP. It is agreed that any portion of the right -of -way that is not required for the
new interchange within the Property will not be requested from the Applicant. it
is further agreed that the engineering design sufficient to determine the location,
type and right -of -way needs for the new interchange will provide direct access to
Snowden Bridge Boulevard. The Applicant shall provide the required right -of-
way dedication to Frederick County within 90 days from the date of written notice
by Frederick County, which shall occur after an official decision has been made
by Frederick County and VDOT for the alignment and right -of -way width for the
new Route 37 interchange within the Property. In the event the aforesaid official
decision has not been made for the new Route 37 interchange within the time
period specified in Section D(1), the Applicant may either extend the time period
for this decision, or may provide Frederick County with a 225 -foot wide right -of-
way dedication for Route 37 within the corridor study area depicted on the
0
0
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
5
proffered GDP. The Applicant shall be allowed to install utilities or other
elements necessary for site development within the dedicated right -of -way area,
provided that this does not restrict use of the right -of -way.
4. The Applicant hereby proffers to construct Snowden Bridge Boulevard between
the Property and Martinsburg Pike (U.S. Route 11 North), including the CSX
bridge crossing, prior to the issuance of an occupancy permit for the first office or
industrial site plan approved on the Property. The Applicant shall design and
construct Snowden Bridge Boulevard as an urban four -lane divided collector road
section (U4D) throughout the limits of the Property, and shall develop the off -site
segment of Snowden Bridge Boulevard consistent with the approved public
improvement plan. Snowden Bridge Boulevard shall be initially constructed as a
two -lane road section, and shall be constructed as the ultimate four -lane divided
road section prior to the issuance of the occupancy permit for the site plan that
exceeds 8,000 VPD or in the event that Snowden Bridge Boulevard is developed
to allow access for additional traffic from outside the Property, the construction of
the ultimate four -lane divided road section shall be required when the total trip
volume exceeds 8,000 VPD on the Property, which ever first occurs.
5. The Applicant hereby proffers to limit full commercial intersection access on
Snowden Bridge Boulevard to establish up to three commercial intersections in
the general location of intersections identified on the proffered GDP. An
intersection has been identified on the proffered GDP that could potentially be
developed as either a roundabout or as a signalized intersection if warranted by
VDOT. All full commercial intersections identified on the proffered GDP will be
developed with raised medians to provide for controlled left turn movement
access to the Property.
6. The Applicant hereby proffers to allow for the full commercial intersection
located on the east side of the Route 37 corridor study area to be dosed entirely if
necessary when Route 37 is developed by others throughout the limits of the
Property. The closure of the full commercial intersection is conditioned upon the
provision of street access to this portion of the Property that will be developed by
others during the construction of Route 37. The Applicant agrees to cooperate
with Frederick County to provide easements on the Property if necessary to
facilitate new street access to this portion of the Property if this becomes
necessary due to the construction of Route 37.
7. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Milburn Road (Route 662). The County may determine that
emergency access from to the Property from existing Milburn Road is acceptable
provided that it is designed to prohibit access for regular vehicular traffic.
Proffer Statement
CD
Grecnway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
6
8. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Redbud Road (Route 661). Frederick County may determine
that emergency access from to the Property from existing Redbud Road is
acceptable provided that it is designed to prohibit access for regular vehicular
traffic.
9. The Applicant hereby proffers to prohibit direct commercial access from the
Property to McCann's Road (Route 838). Emergency access to the Property from
McCann's Road is prohibited as well to protect the integrity of the buffer
identified along this road.
10. The Applicant shall develop Snowden Bridge Boulevard as a public street;
however, the Applicant shall have the ability to develop all internal streets as
private street systems. All private streets shall be constructed to meet or exceed
VDOT vertical base section standards.
11. The Applicant hereby proffers to provide for inter parcel connections where
possible to mitigate transportation impacts to the full commercial intersections
identified on the proffered GDP.
12. The Applicant submits that it will apply for all such public assistance mechanisms
that are available at the time of development to facilitate the installation of the
aforementioned transportation/infrastructure improvements. Those mechanisms
include, but are not limited to, matching funds, industrial access funds and /or any
other transportation /infrastructure funding vehicles, such as CDAs. Without
binding any future legislative act, the Applicant and the Frederick County Board
of Supervisors agree that the use of said mechanisms are advantageous to the
development of the Property and the use of same should be encouraged and that
both parties should make all reasonable efforts to cooperate with one another to
implement the appropriate mechanism or combination of mechanisms to ensure
rapid installation of the aforementioned improvements.
13. The Applicant hereby proffers to provide for a maximum 60 -foot right -of -way
dedication to Frederick County to provide for the development of a street
connection by others between the planned portion of Snowden Bridge Boulevard
on the Property and existing Redbud Road (Route 661) immediately south of the
Property. The general location of this 60 -foot right -of -way shall be delineated on
the final Master Development Plan, which shall connect to one of the proposed
new full commercial intersections that are located to the west of the Route 37
corridor study area as depicted on the proffered GDP. It is agreed that the 60 -foot
right -of -way dedication can be located within buffer areas provided that the
landscape screening and opaque elements are located between the adjoining
properties owned by Applicant and the right -of -way dedication area. The
Applicant shall provide the required right -of -way dedication to Frederick County
Proffer Statement
O
0
Greenway Engineering
August 24. 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12. 2010
Revised January 25, 2010
7
within 90 days from the date of written notice by Frederick County, which shall
occur after an official decision has been made by Frederick County and VDOT to
construct this street connection. It is agreed that the Applicant can construct street
access with entrances to land bays within the delineated 60-foot right -of -way area
provided that the proposed street access meets or exceeds VDOT vertical base
section standards. The Applicant shall be allowed to install utilities or other
elements necessary for site development within the dedicated right -of -way area,
provided that this does not restrict use of the right -of -way.
14. The Applicant has agreed to provide Frederick County with right -of -way
dedications within the Property for the Route 37 mainline, the new Route 37
interchange, and the connecting street between Redbud Road and Snowden
Bridge Boulevard as described in Sections D(2), D(3), and D(13) of the Proffer
Statement. In the event that Frederick County or VDOT decides to not construct
these road systems in whole or in part subsequent to right -of -way dedication, the
recipient of the dedication agrees to convey the right -of -way dedication to the
Applicant within 90 days from the date of this determination.
E. Fire and Rescue Monetary Contribution
1. The Graystone Office and Industrial Park has been demonstrated to provide a
positive economic impact to Frederick County services by the Frederick County
Development Impact Model. However, the Applicant intends to further support
fire and rescue services through the provision of a monetary contribution in the
amount of $0.05 per square foot of structural development for all land uses within
the Property. This monetary contribution shall be provided to Frederick County
for fire and rescue purposes prior to the issuance of a certificate of occupancy
permit for each building permit issued within the Property.
[Signatures on next page]
Proffer Statement
O�
Greenway Engineering
Respectfully Submitted:
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
F. Signatures Graystone Corporation of Virginia
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. 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.
By: n /7-/
let ,ra{ 5 G ✓il •�l iezt ,f'f
Commonwealth of°r
6443VCounty of A:e .ear. t' To Wit:
Date:1AN 2"
The foregoing instrument was acknowledged before me this✓° day of_. .4".. 7
20 /a by \4o eta dee
vvv
My Commission Expire:: P ere
Registration No.:
�24+blit At
uut t.
Proffer Statement
1 JOB NO. 2(.(
DESIGNED BY: WRS
SIM :TWOS
GENERALIZED DEVELOPMENT PLAN
GRAYSTONE CORPORATION OF VIRGINIA
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VA
GREENWAY ENGINEERING, INI
151 Windy Hill Lane
Winchester, Virginia 22602
Telephone: (540) 662 -4185
X (540) 722 -9528
FAX.-
www.greenwayeng.com
Engineers, Surveyors
Environmental Services
Founded in 1971
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URBAN 4 LANE DIVIDED COLLECTOR ROAD
PARCELS WITH PERMANENT EASEMENTS
OFFICE MANUFACTURING LAND BAYS
PDRES446 -09
Action:
PLANNING COMMISSION: January 6, 2010 Recommended Approval
BOARD OF SUPERVISORS: January 27, 2010 a APPROVED DENIED
0
0
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #09 -09 OF GRAYSTONE CORPORATION OF VIRGINIA
WHEREAS, Rezoning #09 -09 of Graystone Corporation of Virginia, submitted by Greenway
Engineering, to rezone 271.39 acres from RA (Rural Areas) District to M1 (Light Industrial) District, with
proffers dated August 24, 2009, last revised on January 25, 2010, for Office and Manufacturing Uses, was
considered. The properties are located on the north side of Redbud Road (Route 661), the east side of CSX
Railroad, the west side of Milburn Road (Route 662), and south of McCanns Road (Route 838), in the
Stonewall Magisterial District, and are identified by Property Identification Numbers 43 -A -158, 44 -A -25
and 44 -A -26.
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 4, 2009
and a public meeting on January 6, 2010; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 27, 2010; 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
rezone 271.39 acres from RA (Rural Areas) District to M1 (Light Industrial) District, for Office and
Manufacturing Uses. The conditions voluntarily proffered in writing by the applicant and the property
owner are attached.
This ordinance shall be in effect on the date of adoption.
Passed this 27th day of January, 2010 by the following recorded vote:
Richard C. Shickle, Chairman
Gary W. Dove
Gene E. Fisher
Christopher E. Collins
PDRES446 -09
Aye
Aye
Aye
Aye
Gary A. Lofton
Bill M. Ewing
Charles S. DeHaven, Jr.
A COPY ATTEST
Aye
Aye
Aye
iia
iley, Jr.
�erick County Administrator
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VIRGINIA: FREDERICK COUNTY.SCT.
This instrument of writing was produced to me on
ra, 20 tD at la
and with certificate acknov:led :mm,nt thereto annexed
was admitted to record. Tax imposcc by See. 58.1 -802 of
I A` t and 58.1 -801 have been paid, if assessable.
Clerk
E
i
8
.1 11
IHI lj
I
'COMMONWEALTH OF VIRGINIA q
a TIME: ACCOUNT: 69C R rl 01- t Ff i iIA"
DATE: 02/12/10 TIM_: 12:30:43 ACCOUNT: L"_LL000124. P,__EIF1: 10000002340 I;,
CASHIER: RPH REG: WE17 TYPE: OTHER PAYMENT: FULL PAYMENT
INSTRUMENT 10000124E BOOK: PAGE: RECORDED: 02;1 AT 12:20
1'
GRANTOR: GRAYSTONE CORPORATION OF VIRGINIA EY: N LOC: CO
GRANTEE: FREDERICK COUNTY VIRSINIA EX: N PET: i00%
ANO ADDREES
RECEIVED OF ROD WILLIAMS
3.00
DESCRIPTION 1: PROFFER STATEMENT PAGES: 0 0/P 0 b
NAMES: 0
CONSIDERATION: .00 A /VAL: .00 MAP: MISC t
PIN:
000 ZERO PAYMENT .00
TENDERED .00
AMOUNT PAID: .00
CHANGE AMT .00 rt i .l
CLERK OF COURT: REBECCA P. HOGAN
OFFICIAL RECEIPT
FREDERICK CIRCUIT COURT
DEED RECEIPT
1A
DPi9 (150)
Action:
PLANNING COMMISSION: January 6, 2010 Recommended Approval
BOARD OF SUPERVISORS: January 27, 2010 gi APPROVED DENIED
PURES#46 -09
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #09 -09 OF GRAYSTONE CORPORATION OF VIRGINIA
WHEREAS, Rezoning #09 -09 of Graystone Corporation of Virginia, submitted by Greenway
Engineering, to rezone 271.39 acres from RA (Rural Areas) District to M1 (Light Industrial) District, with
proffers dated August 24, 2009, last revised on January 25, 2010, for Office and Manufacturing Uses, was
considered. The properties are located on the north side of Redbud Road (Route 661), the east side of CSX
Railroad, the west side of Milburn Road (Route 662), and south of McCanns Road (Route 838). in the
Stonewall Magisterial District, and are identified by Property Identification Numbers 43 -A -158, 44 -A -25
and 44 -A -26.
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 4, 2009
and a public meeting on January 6, 2010; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 27, 2010; 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
rezone 271.39 acres from RA (Rural Areas) District to M1 (Light Industrial) District, for Office and
Manufacturing Uses. The conditions voluntarily proffered in writing by the applicant and the property
owner are attached.
PDRES446 -09
This ordinance shall be in effect on the date of adoption.
Passed this 27th day of January, 2010 by the following recorded vote:
Richard C. Shickle, Chairman
Gary W. Dove
Gene E. Fisher
Christopher E. Collins
Aye
Aye
Aye
Aye
Gary A. Lofton
Bill M. Ewing
Charles S. Del laven, Jr.
A COPY ATTEST
•i d i
Ir iley,Jr.
de rick County Administrator
Aye
Aye
Aye
Greenway Engineering all
REZONING:
PROPERTY:
RECORD OWNER:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
GRAYSTONE CORPORATION OF VIRGINIA
PROFFER STATEMENT
RZ# 01-07
Rural Areas District (RA) to Light Manufacturing District (Ml)
271.39± acres;
Tax Parcels #43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, (here -in
after the "Property
Graystone Corporation of Virginia
Graystone Corporation of Virginia
(here -in after the "Applicant
August 24, 2009
January 25, 2010
Graystone Corporation Office and Industrial Park
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application bq _o'7
for the rezoning of 271.39± -acres from the Rural Areas (RA) District to 271.39± -acres to
the Light Industrial (M1) District, 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
be approved by the Frederick County Board of Supervisors and their legal successors,
heirs, or assigns 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 Property, more particularly described as the lands owned by Graystone Corporation
of Virginia (formerly Crider Shockey. Inc. of West Virginia), being all of Tax Map
Parcels 43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, and further described by Instrument
Number 030025588. (Please refer to Rezoning Application Deed Information).
Proffer Statement
Greenway Engineering
A. Generalized Development Plan
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
PROFFER STATEMENT
2
1. The Applicant hereby proffers to submit a Generalized Development Plan (the
"GDP for the Property. The purpose of the GDP is to identify the general
location of the M1 District office and industrial land bays, the general location of
the future Route 37 corridor study area, the general location of the Snowden
Bridge Boulevard urban four -lane divided collector road system with signalized
intersection or roundabout design and limited entrance locations, the general
location of on -site and off -site green space buffer areas, and the general location
of the adjoining parcels that are within permanent protective easements.
2. The Applicant hereby proffers to develop the Property in substantial conformity
with the proffered GDP, prepared by Greenway Engineering dated January 25,
2010. The GDP is recognized to be a conceptual plan and may be adjusted by the
Applicant to accommodate final design and engineering constraints without the
need of new conditional rezoning approval by the Frederick County Board of
Supervisors, provided that the adjustments do not eliminate or substantially
relocate the areas indicated on the proffered GDP.
B. Ml, Light Industrial District Land Uses
1. The Applicant intends to develop the Property to implement industrial and office
land uses that are designed to coexist in an office park setting.
2. The Frederick County Board of Supervisors agrees to allow future office and
industrial land uses that are included within future amendments to the M1, Light
Industrial District to be developed on the Property without the need for
conditional zoning amendments.
C. Ml, Light Industrial District Design Standards
1. The Applicant hereby proffers to establish an Architectural Review Board (ARB)
to oversee and approve all structural design exterior treatments for new
construction and structural additions to ensure high quality development
throughout the project. Additionally, the ARB will oversee and approve all
Proffer Statement
Greenway Engineering
D. Transportation Enhancements
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
3
monument signage and building mounted signage, to ensure consistency in the
design of signage throughout the project. Notwithstanding what is stated herein,
the ARB is intended to be in addition to and not intended to override or conflict
with any provisions of the Frederick County Code.
2. The Applicant hereby proffers to establish requirements for outdoor green areas
and /or outdoor plaza areas for the benefit of employees of the office and industrial
park. These outdoor green areas and outdoor plaza areas will be located within
each of the MI District land bay areas identified in the proffered GDP.
3. The Applicant hereby proffers to establish internal asphalt trails for the benefit of
employees of the office and industrial park. These asphalt trails will be a
minimum of eight feet in width and will be designed to connect land uses
throughout the M1 District land bay areas identified in the proffered GDP
wherever possible. For each lot or parcel associated with the construction of a
building, the Applicant agrees to identify the location on said lot or parcel for
trails (if applicable, to said lot or parcel) and to have the trail constructed (if
applicable) prior to the issuance of the Certificate of Occupancy for the structure
or building on said lot or parcel.
4. The Applicant hereby proffers to establish a 100 -foot green space buffer area
along the northern boundary of the Property as depicted on the proffered GDP.
This green space buffer area will be left in its natural state to provide viewshed
mitigation for the Milburn Cemetery and the Helm- McCann springhouse. Said
buffer is in addition to the requirements of the Frederick County Code.
5. The Applicant hereby proffers to provide for evergreen landscaping along the
Redbud Road frontage of the Property identified as a green space buffer area on
the proffered GDP. The provision of this evergreen landscaping is to provide
viewshed mitigation between the Property and the Shenandoah Valley Battlefield
Foundation property. Said buffer is in addition to the requirements of the
Frederick County Code.
1. The Applicant hereby proffers to provide a corridor study area within the Property
as depicted on the proffered GDP that is a minimum of 350 feet in width. The
purpose of this corridor study area is to provide Frederick County with an
opportunity to determine a final alignment for Route 37 throughout the limits of
the Property through the completion of engineering design sufficient for this
purpose. The design within the corridor study area depicted on the proffered GDP
will provide access to the Property to the proposed interchange and Snowden
Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12. 2010
Revised January 25. 2010
Proffer Statement
4
Bridge Boulevard. The corridor study area shall be available to Frederick County
for a period of eight years from the date of rezoning approval to complete
engineering design necessary to determine the appropriate alignment and right -of-
way width for Route 37 within the Property. The Applicant agrees to cooperate
with VDOT and Frederick County to provide engineering information and reports
within the Applicant's possession if needed to assist with this design effort. The
Board of Supervisors may allow encroachment into and or the definition of the
corridor study area if necessary to accommodate site development proposals
through the Site Plan approval process.
2. The Applicant hereby proffers to provide for a maximum 350 -foot wide right -of-
way dedication for the Route 37 mainline section within the Property. The
mainline section is intended to include through travel lanes and collector
distributor lanes if necessary. It is agreed that any portion of the maximum 350
foot right -of -way that is not required for the Route 37 mainline section within the
Property will not be requested from the Applicant. The Applicant shall provide
the required right -of -way dedication to Frederick County within 90 days from the
date of written notice by Frederick County, which shall occur after an official
decision has been made by Frederick County and VDOT for the alignment and
right -of -way width for the Route 37 mainline section within the Property. In the
event the aforesaid official decision has not been made for the Route 37 mainline
section within the time period specified in Section D(1), the Applicant may either
extend the time period for this decision, or may provide Frederick County with a
225 -foot wide right -of -way dedication for Route 37 within the corridor study area
depicted on the proffered GDP. The Applicant shall be allowed to install utilities
or other elements necessary for site development within the dedicated right -of-
way area, provided that this does not restrict use of the right -of -way.
3. The Applicant hereby proffers to provide for right -of -way dedication sufficient
for the development of up to an 800 -foot wide diamond interchange or a single
point urban interchange (SPUI) in the general location depicted on the proffered
GDP. It is agreed that any portion of the right-of-way that is not required for the
new interchange within the Property will not be requested from the Applicant. It
is further agreed that the engineering design sufficient to determine the location,
type and right -of -way needs for the new interchange will provide direct access to
Snowden Bridge Boulevard. The Applicant shall provide the required right-of-
way dedication to Frederick County within 90 days from the date of written notice
by Frederick County, which shall occur after an official decision has been made
by Frederick County and VDOT for the alignment and right -of -way width for the
new Route 37 interchange within the Property. In the event the aforesaid official
decision has not been made for the new Route 37 interchange within the time
period specified in Section D(1), the Applicant may either extend the time period
for this decision, or may provide Frederick County with a 225 -foot wide right -of-
way dedication for Route 37 within the corridor study area depicted on the
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
5
proffered GDP. The Applicant shall be allowed to install utilities or other
elements necessary for site development within the dedicated right -of -way area,
provided that this does not restrict use of the right -of -way.
4. The Applicant hereby proffers to construct Snowden Bridge Boulevard between
the Property and Martinsburg Pike (U.S. Route 11 North), including the CSX
bridge crossing, prior to the issuance of an occupancy permit for the first office or
industrial site plan approved on the Property. The Applicant shall design and
construct Snowden Bridge Boulevard as an urban four -lane divided collector road
section (U4D) throughout the limits of the Property, and shall develop the off -site
segment of Snowden Bridge Boulevard consistent with the approved public
improvement plan. Snowden Bridge Boulevard shall be initially constructed as a
two -lane road section, and shall be constructed as the ultimate four -lane divided
road section prior to the issuance of the occupancy permit for the site plan that
exceeds 8,000 VPD or in the event that Snowden Bridge Boulevard is developed
to allow access for additional traffic from outside the Property, the construction of
the ultimate four -lane divided road section shall be required when the total trip
volume exceeds 8,000 VPD on the Property, which ever first occurs.
5. The Applicant hereby proffers to limit full commercial intersection access on
Snowden Bridge Boulevard to establish up to three commercial intersections in
the general location of intersections identified on the proffered GDP. An
intersection has been identified on the proffered GDP that could potentially be
developed as either a roundabout or as a signalized intersection if warranted by
VDOT. All full commercial intersections identified on the proffered GDP will be
developed with raised medians to provide for controlled left turn movement
access to the Property.
6. The Applicant hereby proffers to allow for the full commercial intersection
located on the east side of the Route 37 corridor study area to be closed entirely if
necessary when Route 37 is developed by others throughout the limits of the
Property. The closure of the full commercial intersection is conditioned upon the
provision of street access to this portion of the Property that will be developed by
others during the construction of Route 37. The Applicant agrees to cooperate
with Frederick County to provide easements on the Property if necessary to
facilitate new street access to this portion of the Property if this becomes
necessary due to the construction of Route 37.
7. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Milburn Road (Route 662). The County may determine that
emergency access from to the Property from existing Milburn Road is acceptable
provided that it is designed to prohibit access for regular vehicular traffic.
Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
6
8. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Redbud Road (Route 661). Frederick County may determine
that emergency access from to the Property from existing Redbud Road is
acceptable provided that it is designed to prohibit access for regular vehicular
traffic.
9. The Applicant hereby proffers to prohibit direct commercial access from the
Property to McCann's Road (Route 838). Emergency access to the Property from
McCann's Road is prohibited as well to protect the integrity of the buffer
identified along this road.
10. The Applicant shall develop Snowden Bridge Boulevard as a public street;
however, the Applicant shall have the ability to develop all internal streets as
private street systems. All private streets shall be constructed to meet or exceed
VDOT vertical base section standards.
11. The Applicant hereby proffers to provide for inter parcel connections where
possible to mitigate transportation impacts to the full commercial intersections
identified on the proffered GDP.
12. The Applicant submits that it will apply for all such public assistance mechanisms
that are available at the time of development to facilitate the installation of the
aforementioned transportation/infrastructure improvements. Those mechanisms
include, but are not limited to, matching funds, industrial access funds and /or any
other transportation /infrastructure funding vehicles, such as CDAs. Without
binding any future legislative act, the Applicant and the Frederick County Board
of Supervisors agree that the use of said mechanisms are advantageous to the
development of the Property and the use of same should be encouraged and that
both parties should make all reasonable efforts to cooperate with one another to
implement the appropriate mechanism or combination of mechanisms to ensure
rapid installation of the aforementioned improvements.
13. The Applicant hereby proffers to provide for a maximum 60 -foot right -of -way
dedication to Frederick County to provide for the development of a street
connection by others between the planned portion of Snowden Bridge Boulevard
on the Property and existing Redbud Road (Route 661) immediately south of the
Property. The general location of this 60 -foot right -of -way shall be delineated on
the final Master Development Plan, which shall connect to one of the proposed
new full commercial intersections that are located to the west of the Route 37
corridor study area as depicted on the proffered GDP. It is agreed that the 60 -foot
right -of -way dedication can be located within buffer areas provided that the
landscape screening and opaque elements are located between the adjoining
properties owned by Applicant and the right-of-way dedication area. The
Applicant shall provide the required right -of -way dedication to Frederick County
Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
7
within 90 days from the date of written notice by Frederick County, which shall
occur after an official decision has been made by Frederick County and VDOT to
construct this street connection. It is agreed that the Applicant can construct street
access with entrances to land hays within the delineated 60 -foot right-of-way area
provided that the proposed street access meets or exceeds VDOT vertical base
section standards. The Applicant shall be allowed to install utilities or other
elements necessary for site development within the dedicated right -of -way area,
provided that this does not restrict use of the right -of -way.
14. The Applicant has agreed to provide Frederick County with right -of -way
dedications within the Property for the Route 37 mainline, the new Route 37
interchange, and the connecting street between Redbud Road and Snowden
Bridge Boulevard as described in Sections D(2), D(3), and D(13) of the Proffer
Statement. In the event that Frederick County or VDOT decides to not construct
these road systems in whole or in part subsequent to right -of -way dedication, the
recipient of the dedication agrees to convey the right -of -way dedication to the
Applicant within 90 days from the date of this determination.
E. Fire and Rescue Monetary Contribution
1. The Graystone Office and Industrial Park has been demonstrated to provide a
positive economic impact to Frederick County services by the Frederick County
Development Impact Model. I-lowever, the Applicant intends to further support
fire and rescue services through the provision of a monetary contribution in the
amount of $0.05 per square foot of structural development for all land uses within
the Property. This monetary contribution shall be provided to Frederick County
for fire and rescue purposes prior to the issuance of a certificate of occupancy
permit for each building permit issued within the Property.
[Signatures on next page]
Proffer Statement
Greenway Engineering
F. Signatures Graystone Corporation of Virginia
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully Submitted:
By:
A CQ
Common 'alth of Virginia,
€ityr /County of A;e et"
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
The foregoing instrument was acknowledged before me thisVtdav of —✓.o or.d.1
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Proffer Statement
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GENERALIZED DEVELOPMENT PLAN
GRAYSTONE CORPORATION OF VIRGINIA
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VA
Engineers, Surveyors
Environmental Services
Founded in 1971
GREENWAY ENGINEERING, INC.
151 Windy Hill Lane
Winchester, Virginia 22602
Telephone: (540) 662 -4185
FAX: (540) 722 -9528
www.greenwayeng. com
LAWSON AND SILEK, P.L.C.
120 EXETER DRIVE, SUITE 200
POST OFFICE Box 2740
WINCHESTER, VA 22604
TELEPHONE: (540) 665 -0050
FACSIMILE: (540) 722 -4051
John Riley, County Administrator
County of Frederick
107 North Kent Street
Winchester, VA 22601
Roderick B. Williams, Esquire
County Attorney
107 North Kent Street
Winchester, VA 22601
VIA HAND DELIVERY
Dear Gentlemen:
January 25, 2010
THOMAS MOORE LAWSON TLAWSON(aiLSPLC.COM
Michael T. Ruddy, Deputy Director
Planning and Development
County of Frederick
107 North Kent Street, 2 Floor
Winchester, VA 22601
John A. Bishop, AICP, Deputy
Director Transportation
County of Frederick
107 North Kent Street
Winchester, VA 22601
Re: Graystone Corporation Office and Industrial Park
Our File No. 546.001
Enclosed please find fully executed and revised proffers and revised Generalized
Development Plan, along with a cover letter to the members of the Board of Supervisors, for the
above- referenced Graystone project. Based on your comments, we have made revisions which
better define the proffers. We have sent the enclosed via email this morning to the Board
members and we are hand delivering this to you at the same time. We would ask that the
proffers dated today be considered as part of the rezoning application to be heard at the Board of
Supervisors' meeting on Wednesday night.
Thank you for your assistance and cooperation. If you have any questions, please do not
hesitate to give me a call.
FRO] 1 RO AI ADIWIKSS: POST OI110E RAO :602, FRUSI ROTA.. VIRGO:IA 22630. TV.L KPNON 8: (540) 635 -9415. FACSId111.8: (540) 635-9421. E. MAIL: 3611.FA01.AMSONANOSILFA.0 OM
FA, A ADDRESS: 10805 AI ON 6 rRErr, SUITE 2110, FAIRFA'. VIRGINIA 2211311,TE I. IPIIOV I:: (703) 352 -2615. FAC \1\111.8: (703) 352 -4190, E-MAIL: TIIORISO LANSOV'y ■'f.N1 /.ON.NET
John Riley, County Adnilstrator
January 25, 2010
Page 2
TML:atd
Enclosures
cc: Graystone Corporation of Virginia
Mr. Evan A. Wyatt
1
Greenway Engineering
REZONING:
PROPERTY:
RECORD OWNER:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
File #2760GC Rezoning
GRAYSTONE CORPORATION OF VIRGINIA
PROFFER STATEMENT
RZ
Rural Areas District (RA) to Light Manufacturing District (M1)
271.39+ acres;
Tax Parcels #43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, (here -in
after the "Property")
Graystone Corporation of Virginia
Graystone Corporation of Virginia
(here -in after the "Applicant
Graystone Corporation Office and Industrial Park
August 24, 2009
January 25, 2010
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
Preliminary Matters
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application
for the rezoning of 271.39± -acres from the Rural Areas (RA) District to 271.39± -acres to
the Light Industrial (M1) District, 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
be approved by the Frederick County Board of Supervisors and their legal successors,
heirs, or assigns 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 Property, more particularly described as the lands owned by Graystone Corporation
of Virginia (formerly Crider Shockey, Inc. of West Virginia), being all of Tax Map
Parcels 43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, and further described by Instrument
Number 030025588. (Please refer to Rezoning Application Deed Information).
Proffer Statement
Greenway Engineering
A. Generalized Development Plan
August 24, 20D9
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
PROFFER STATEMENT
2
1. The Applicant hereby proffers to submit a Generalized Development Plan (the
"GDP for the Property. The purpose of the GDP is to identify the general
location of the M1 District office and industrial land bays, the general location of
the future Route 37 corridor study area, the general location of the Snowden
Bridge Boulevard urban four -lane divided collector road system with signalized
intersection or roundabout design and limited entrance locations, the general
location of on -site and off -site green space buffer areas, and the general location
of the adjoining parcels that are within permanent protective easements.
2. The Applicant hereby proffers to develop the Property in substantial conformity
with the proffered GDP, prepared by Greenway Engineering dated January 25,
2010. The GDP is recognized to be a conceptual plan and may be adjusted by the
Applicant to accommodate final design and engineering constraints without the
need of new conditional rezoning approval by the Frederick County Board of
Supervisors, provided that the adjustments do not eliminate or substantially
relocate the areas indicated on the proffered GDP.
B. Ml, Light Industrial District Land Uses
1. The Applicant intends to develop the Property to implement industrial and office
land uses that are designed to coexist in an office park setting.
2. The Frederick County Board of Supervisors agrees to allow future office and
industrial land uses that are included within future amendments to the M1, Light
Industrial District to be developed on the Property without the need for
conditional zoning amendments.
C. Ml, Light Industrial District Design Standards
1. The Applicant hereby proffers to establish an Architectural Review Board (ARB)
to oversee and approve all structural design exterior treatments for new
construction and structural additions to ensure high quality development
throughout the project. Additionally, the ARB will oversee and approve all
File #2760GC Rezoning
Proffer Statement
August 24, 2009 3
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
monument signage and building mounted signage, to ensure consistency in the
design of signage throughout the project. Notwithstanding what is stated herein,
the ARB is intended to be in addition to and not intended to override or conflict
with any provisions of the Frederick County Code.
2. The Applicant hereby proffers to establish requirements for outdoor green areas
and /or outdoor plaza areas for the benefit of employees of the office and industrial
park. These outdoor green areas and outdoor plaza areas will be located within
each of the M1 District land bay areas identified in the proffered GDP.
3. The Applicant hereby proffers to establish internal asphalt trails for the benefit of
employees of the office and industrial park. These asphalt trails will be a
minimum of eight feet in width and will be designed to connect land uses
throughout the MI District land bay areas identified in the proffered GDP
wherever possible. For each lot or parcel associated with the construction of a
building, the Applicant agrees to identify the location on said lot or parcel for
trails (if applicable, to said lot or parcel) and to have the trail constructed (if
applicable) prior to the issuance of the Certificate of Occupancy for the structure
or building on said lot or parcel.
4. The Applicant hereby proffers to establish a 100 -foot green space buffer area
along the northern boundary of the Property as depicted on the proffered GDP.
This green space buffer area will be left in its natural state to provide viewshed
mitigation for the Milburn Cemetery and the Helm- McCann springhouse. Said
buffer is in addition to the requirements of the Frederick County Code.
5. The Applicant hereby proffers to provide for evergreen landscaping along the
Redbud Road frontage of the Property
property identified as a green space buffer area on the proffered GDP. The
provision of this evergreen landscaping is to provide viewshed mitigation betel een
the Property and the for this property an
Shenandoah Valley Battlefield Foundation property
owner. Said buffer is in addition to the requirements of the Frederick County
Code.
Greenway Engineering
D. Transportation Enhancements
1. The Applicant hereby proffers to provide a corridor study area within the Property
as depicted on the proffered GDP that is a minimum of 350 feet in width. The
purpose of this corridor study area is to provide Frederick County with an
opportunity to determine a final alignment for Route 37 throughout the limits of
the Property through the completion of engineering design sufficient for this
File #2760GC Rezoning
Proffer Statement
August 24, 2009 4
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
purpose. The design within the corridor study area depicted on the proffered GDP
will provide access to the Property to the proposed interchange and Snowden
Bridge Boulevard. The corridor study area shall be available to Frederick County
for a period of eight years from the date of rezoning approval to complete
engineering design necessary to determine the appropriate alignment and right -of-
way width for Route 37 within the Property. The Applicant agrees to cooperate
with VDOT and Frederick County to provide engineering information and reports
within the Applicant's possession if needed to assist with this design effort. The
Board of Supervisors may allow encroachment into and or the definition of the
corridor study area if necessary to accommodate site development proposals
through the Site Plan approval process.
2. The Applicant hereby proffers to provide for a maximum 350 -foot wide right -of-
way dedication for the Route 37 mainline section within the Property. The
mainline section is intended to include through travel lanes and collector
distributor lanes if necessary. It is agreed that any portion of the maximum 350
foot right -of -way that is not required for the Route 37 mainline section within the
Property will not be requested from the Applicant. The Applicant shall provide
the required right -of -way dedication to Frederick County within 90 days from the
date of written notice by Frederick County, which shall occur after an official
decision has been made by Frederick County and VDOT all applicable
governmental authorities for the alignment and right -of -way width for the Route
37 mainline section within the Property. In the event the aforesaid official
decision has not been made for the Route 37 mainline section within the time
period specified in Section D(1), the Applicant may either extend the time period
for this decision, or may provide Frederick County with a 225 -foot wide right -of-
way dedication for Route 37 within the corridor study area depicted on the
proffered GDP. The Applicant shall be allowed to install utilities or other
elements necessary for site development within the dedicated right -of -way area,
provided that this does not restrict use of the right- of- 14'ay.
3. The Applicant hereby proffers to provide for right -of -way dedication sufficient
for the development of up to an 800 -foot wide diamond interchange or a single
point urban interchange (SPUI) in the general location depicted on the proffered
GDP. It is agreed that any portion of the right -of -way that is not required for the
new interchange within the Property will not be requested from the Applicant. It
is further agreed that the engineering design sufficient to determine the location,
type and right -of -way needs for the new interchange will provide direct access to
vi-411 Snowden Bridge Boulevard. The
Applicant shall provide the required right -of -way dedication to Frederick County
within 90 days from the date of written notice by Frederick County, which shall
occur after an official decision has been made by Frederick County and VDOT all
for the alignment and right -of -way width for
the new Route 37 interchange within the Property. In the event the aforesaid
Greenway Engineering
File #27600C Rezoning
Proffer Statement
August 24, 2009 5
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
official decision has not been made for the new Route 37 interchange within the
time period specified in Section D(1), the Applicant may either extend the time
period for this decision, or may provide Frederick County with a 225 -foot wide
right -of -way dedication for Route 37 within the corridor study area depicted on
the proffered GDP. The Applicant shall be allowed to install utilities or other
elements necessary for site development within the dedicated right -of -way area,
provided that this does not restrict use of the right -of -wary.
4. The Applicant hereby proffers to construct Snowden Bridge Boulevard between
the Property and Martinsburg Pike (U.S. Route 11 North), including the CSX
bridge crossing, prior to the issuance of an occupancy permit for the first office or
industrial site plan approved on the Property. The Applicant shall design and
construct Snowden Bridge Boulevard as an urban four -lane divided collector road
section (U4D) throughout the limits of the Property, and shall develop the off -site
segment of Snowden Bridge Boulevard consistent with the approved public
improvement plan Snowden Bridge Boulevard shall be initially constructed as a
two -lane road section, and shall be constructed as the ultimate four -lane divided
road section prior to the issuance of the occupancy permit for the site plan that
exceeds 8,000 VPD or in the event that Snowden Bridge Boulevard is developed
to allow access for additional traffic from outside the Property, the construction of
the ultimate four -lane divided road section shall be required when the total trip
volume exceeds 8,000 VPD on the Property, which ever first occurs.
5. The Applicant hereby proffers to limit full commercial intersection access on
Snowden Bridge Boulevard to establish up to three commercial intersections in
the general location of intersections identified on the proffered GDP. An
intersection has been identified on the proffered GDP that could potentially be
developed as either a roundabout or as a signalized intersection if warranted by
VDOT. All full commercial intersections identified on the proffered GDP will be
developed with raised medians to provide for controlled left turn movement
access to the Property.
6. The Applicant hereby proffers to allow for the full commercial intersection
located on the east side of the Route 37 corridor study area to be closed entirely if
necessary when Route 37 is developed by others throughout the limits of the
Property. The closure of the full commercial intersection is conditioned upon the
provision of street access to this portion of the Property that will be developed by
others during the construction of Route 37. The Applicant agrees to cooperate
with Frederick County to provide easements on the Property if necessary the
extent possible to facilitate new street access to this portion of the Property if this
becomes necessary due to the construction of Route 37.
7. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Milburn Road (Route 662). The County may determine that
Greenway Engineering
File #2760GC Rezoning
Proffer Statement
Greenway Engineering
File #27600C Rezoning
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
6
emergency access from to the Property from existing Milburn Road is acceptable
provided that it is designed to prohibit access for regular vehicular traffic.
8. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Redbud Road (Route 661). Frederick County may determine
that emergency access from to the Property from existing Redbud Road is
acceptable provided that it is designed to prohibit access for regular vehicular
traffic.
9. The Applicant hereby proffers to prohibit direct commercial access from the
Property to McCann's Road (Route 838). Emergency access to the Property from
McCann's Road is prohibited as well to protect the integrity of the buffer
identified along this road
10. The Applicant shall develop Snowden Bridge Boulevard as a public street;
however, the Applicant shall have the ability to develop all internal streets as
private street systems. All private streets shall be constructed to meet or exceed
VDOT vertical base section standards.
11. The Applicant hereby proffers to provide for inter parcel connections where
possible to mitigate transportation impacts to the full commercial intersections
identified on the proffered GDP.
12. The Applicant submits that it will apply for all such public assistance mechanisms
that are available at the time of development to facilitate the installation of the
aforementioned transportation/infrastructure improvements. Those mechanisms
include, but are not limited to, matching funds, industrial access funds and /or any
other transportation /infrastructure funding vehicles, such as CDAs. Without
binding any future legislative act, the Applicant and the Frederick County Board
of Supervisors agree that the use of said mechanisms are advantageous to the
development of the Property and the use of same should be encouraged and that
both parties should make all reasonable efforts to cooperate with one another to
implement the appropriate mechanism or combination of mechanisms to ensure
rapid installation of the aforementioned improvements.
13. The Applicant hereby proffers to provide for a maximum 60 -foot right -of -way
dedication to Frederick County to provide for the development of a street
connection by others between the planned portion of Snowden Bridge Boulevard
on the Property and existing Redbud Road (Route 661) immediately south of the
Property. The general location of this 60 -foot right -of -way shall be delineated on
the final Master Development Plan, which shall connect to one of the proposed
new full commercial intersections that are located to the west of the Route 37
corridor study area as depicted on the proffered GDP. It is agreed that the 60 -foot
right -of -way dedication can be located within buffer areas provided that the
Proffer Statement
August 24, 2009 7
Revised September23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
landscape screening and opaque elements are located between the adjoining
properties owned by Applicant and the right -of -way dedication area. The
Applicant shall provide the required right -of -way dedication to Frederick County
within 90 days from the date of written notice by Frederick County, which shall
occur after an official decision has been made by Frederick County and VDOT to
construct this street connection. It is agreed that the Applicant can construct street
access with entrances to land bays within the delineated 60 -foot right -of -way area
provided that the proposed street access meets or exceeds VDOT vertical base
section standards. The Applicant shall be allowed to install utilities or other
elements necessary for site development within the dedicated right -of -way area,
provided that this does not restrict use of the right
14. The Applicant has agreed to provide Frederick County with right -of -way
dedications within the Property for the Route 37 mainline, the new Route 37
interchange, and the connecting street between Redbud Road and Snowden
Bridge Boulevard as described in Sections D(2), D(3), and D(13) of the Proffer
Statement. In the event that Frederick County or VDOTr
governmental authority decides to not construct these road systems in whole or in
part subsequent to right -of -way dedication, the recipient of the dedication agrees
to convey the right -of -way dedication to the Applicant within 90 days from the
date of this determination.
Greenway Engineering
E. Fire and Rescue Monetary Contribution
1. The Graystone Office and Industrial Park has been demonstrated to provide a
positive economic impact to Frederick County services by the Frederick County
Development Impact Model. However, the Applicant intends to further support
fire and rescue services through the provision of a monetary contribution in the
amount of $0.05 per square foot of structural development for all land uses within
the Property. This monetary contribution shall be provided to Frederick County
for fire and rescue purposes prior to the issuance of a certificate of occupancy
permit for each building permit issued within the Property.
F. Signatures Graystone Corporation of Virginia
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
File #2760GC Rezoning
Proffer Statement
Greenway Engineering
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
File #27600C Rezoning
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
[Signatures on next page]
8
Proffer Statement
Greenway Engineering
Respectfully Submitted:
File #27600C Rezoning
August24,2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
9
By: Date:
Commonwealth of Virginia,
City /County of To Wit:
The foregoing instrument was acknowledged before me this day of
20 by
My Commission Expires
Registration No.:
Notary Public
Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
GRAYSTONE CORPORATION OF VIRGINIA
PROFFER STATEMENT
REZONING: RZ
Rural Areas District (RA) to Light Manufacturing District (MI)
PROPERTY: 271.39± acres;
Tax Parcels #43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, (here -in
after the "Property
RECORD OWNER: Graystone Corporation of Virginia
APPLICANT: Graystone Corporation of Virginia
(here -in after the "Applicant
PROJECT NAME: Graystone Corporation Office and Industrial Park
ORIGINAL DATE
OF PROFFERS: August 24, 2009
REVISION DATE: January 25, 2010
Preliminary Matters
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application
for the rezoning of 271.39± -acres from the Rural Areas (RA) District to 271.39± -acres to
the Light Industrial (M1) District, 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
be approved by the Frederick County Board of Supervisors and their legal successors,
heirs, or assigns 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 Property, more particularly described as the lands owned by Graystone Corporation
of Virginia (formerly Crider Shockey, Inc. of West Virginia), being all of Tax Map
Parcels 43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, and further described by Instrument
Number 030025588. (Please refer to Rezoning Application Deed Information).
Proffer Statement
Greenway Engineering
A. Generalized Development Plan
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
PROFFER STATEMENT
2
1. The Applicant hereby proffers to submit a Generalized Development Plan (the
"GDP for the Property. The purpose of the GDP is to identify the general
location of the M1 District office and industrial land bays, the general location of
the future Route 37 corridor study area, the general location of the Snowden
Bridge Boulevard urban four -lane divided collector road system with signalized
intersection or roundabout design and limited entrance locations, the general
location of on -site and off -site green space buffer areas, and the general location
of the adjoining parcels that are within permanent protective easements.
2. The Applicant hereby proffers to develop the Property in substantial conformity
with the proffered GDP, prepared by Greenway Engineering dated January 25,
2010. The GDP is recognized to be a conceptual plan and may be adjusted by the
Applicant to accommodate final design and engineering constraints without the
need of new conditional rezoning approval by the Frederick County Board of
Supervisors, provided that the adjustments do not eliminate or substantially
relocate the areas indicated on the proffered GDP.
B. Ml, Light Industrial District Land Uses
1. The Applicant intends to develop the Property to implement industrial and office
land uses that are designed to coexist in an office park setting.
2. The Frederick County Board of Supervisors agrees to allow future office and
industrial land uses that are included within future amendments to the M1, Light
Industrial District to be developed on the Property without the need for
conditional zoning amendments.
C. Ml, Light Industrial District Design Standards
1. The Applicant hereby proffers to establish an Architectural Review Board (ARB)
to oversee and approve all structural design exterior treatments for new
construction and structural additions to ensure high quality development
throughout the project. Additionally, the ARB will oversee and approve all
Proffer Statement
Greenway Engineering August 24, 2009 3
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
monument signage and building mounted signage, to ensure consistency in the
design of signage throughout the project. Notwithstanding what is stated herein,
the ARB is intended to be in addition to and not intended to override or conflict
with any provisions of the Frederick County Code.
2. The Applicant hereby proffers to establish requirements for outdoor green areas
and/or outdoor plaza areas for the benefit of employees of the office and industrial
park. These outdoor green areas and outdoor plaza areas will be located within
each of the M1 District land bay areas identified in the proffered GDP.
3. The Applicant hereby proffers to establish internal asphalt trails for the benefit of
employees of the office and industrial park. These asphalt trails will be a
minimum of eight feet in width and will be designed to connect land uses
throughout the MI District land bay areas identified in the proffered GDP
wherever possible. For each lot or parcel associated with the construction of a
building, the Applicant agrees to identify the location on said lot or parcel for
trails (if applicable, to said lot or parcel) and to have the trail constructed (if
applicable) prior to the issuance of the Certificate of Occupancy for the structure
or building on said lot or parcel.
4. The Applicant hereby proffers to establish a 100 -foot green space buffer area
along the northern boundary of the Property as depicted on the proffered GDP.
This green space buffer area will be left in its natural state to provide viewshed
mitigation for the Milburn Cemetery and the Helm- McCann springhouse. Said
buffer is in addition to the requirements of the Frederick County Code.
5. The Applicant hereby proffers to provide for evergreen landscaping along the
Redbud Road frontage of the Property identified as a green space buffer area on
the proffered GDP. The provision of this evergreen landscaping is to provide
viewshed mitigation between the Property and the Shenandoah Valley Battlefield
Foundation property. Said buffer is in addition to the requirements of the
Frederick County Code.
D. Transportation Enhancements
1. The Applicant hereby proffers to provide a corridor study area within the Property
as depicted on the proffered GDP that is a minimum of 350 feet in width. The
purpose of this corridor study area is to provide Frederick County with an
opportunity to determine a final alignment for Route 37 throughout the limits of
the Property through the completion of engineering design sufficient for this
purpose. The design within the corridor study area depicted on the proffered GDP
will provide access to the Property to the proposed interchange and Snowden
Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12,2010
Revised January 25, 2010
4
Bridge Boulevard. The corridor study area shall be available to Frederick County
for a period of eight years from the date of rezoning approval to complete
engineering design necessary to determine the appropriate alignment and right -of-
way width for Route 37 within the Property. The Applicant agrees to cooperate
with VDOT and Frederick County to provide engineering information and reports
within the Applicant's possession if needed to assist with this design effort. The
Board of Supervisors may allow encroachment into and or the definition of the
corridor study area if necessary to accommodate site development proposals
through the Site Plan approval process.
2. The Applicant hereby proffers to provide for a maximum 350 -foot wide right -of-
way dedication for the Route 37 mainline section within the Property. The
mainline section is intended to include through travel lanes and collector
distributor lanes if necessary. It is agreed that any portion of the maximum 350
foot right -of -way that is not required for the Route 37 mainline section within the
Property will not be requested from the Applicant. The Applicant shall provide
the required right -of -way dedication to Frederick County within 90 days from the
date of written notice by Frederick County, which shall occur after an official
decision has been made by Frederick County and VDOT for the alignment and
right -of -way width for the Route 37 mainline section within the Property. In the
event the aforesaid official decision has not been made for the Route 37 mainline
section within the time period specified in Section D(1), the Applicant may either
extend the time period for this decision, or may provide Frederick County with a
225 -foot wide right -of -way dedication for Route 37 within the corridor study area
depicted on the proffered GDP. The Applicant shall be allowed to install utilities
or other elements necessary for site development within the dedicated right -of-
way area, provided that this does not restrict use of the right -of -way.
3. The Applicant hereby proffers to provide for right -of -way dedication sufficient
for the development of up to an 800 -foot wide diamond interchange or a single
point urban interchange (SPUI) in the general location depicted on the proffered
GDP. It is agreed that any portion of the right -of -way that is not required for the
new interchange within the Property will not be requested from the Applicant. It
is further agreed that the engineering design sufficient to determine the location,
type and right -of -way needs for the new interchange will provide direct access to
Snowden Bridge Boulevard. The Applicant shall provide the required right -of-
way dedication to Frederick County within 90 days from the date of written notice
by Frederick County, which shall occur after an official decision has been made
by Frederick County and VDOT for the alignment and right -of -way width for the
new Route 37 interchange within the Property. In the event the aforesaid official
decision has not been made for the new Route 37 interchange within the time
period specified in Section D(1), the Applicant may either extend the time period
for this decision, or may provide Frederick County with a 225 -foot wide right -of-
way dedication for Route 37 within the corridor study area depicted on the
Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
5
proffered GDP. The Applicant shall be allowed to install utilities or other
elements necessary for site development within the dedicated right -of -way area,
provided that this does not restrict use of the right -of -way.
4. The Applicant hereby proffers to construct Snowden Bridge Boulevard between
the Property and Martinsburg Pike (U.S. Route 11 North), including the CSX
bridge crossing, prior to the issuance of an occupancy permit for the first office or
industrial site plan approved on the Property. The Applicant shall design and
construct Snowden Bridge Boulevard as an urban four -lane divided collector road
section (U4D) throughout the limits of the Property, and shall develop the off -site
segment of Snowden Bridge Boulevard consistent with the approved public
improvement plan. Snowden Bridge Boulevard shall be initially constructed as a
two -lane road section, and shall be constructed as the ultimate four -lane divided
road section prior to the issuance of the occupancy permit for the site plan that
exceeds 8,000 VPD or in the event that Snowden Bridge Boulevard is developed
to allow access for additional traffic from outside the Property, the construction of
the ultimate four -lane divided road section shall be required when the total trip
volume exceeds 8,000 VPD on the Property, which ever first occurs.
5. The Applicant hereby proffers to limit full commercial intersection access on
Snowden Bridge Boulevard to establish up to three commercial intersections in
the general location of intersections identified on the proffered GDP. An
intersection has been identified on the proffered GDP that could potentially be
developed as either a roundabout or as a signalized intersection if warranted by
VDOT. All full commercial intersections identified on the proffered GDP will be
developed with raised medians to provide for controlled left turn movement
access to the Property.
6. The Applicant hereby proffers to allow for the full commercial intersection
located on the east side of the Route 37 corridor study area to be closed entirely if
necessary when Route 37 is developed by others throughout the limits of the
Property. The closure of the full commercial intersection is conditioned upon the
provision of street access to this portion of the Property that will be developed by
others during the construction of Route 37. The Applicant agrees to cooperate
with Frederick County to provide easements on the Property if necessary to
facilitate new street access to this portion of the Property if this becomes
necessary due to the construction of Route 37.
7. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Milburn Road (Route 662). The County may determine that
emergency access from to the Property from existing Milburn Road is acceptable
provided that it is designed to prohibit access for regular vehicular traffic
Proffer Statement
August 24, 2009 6
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
8. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Redbud Road (Route 661). Frederick County may determine
that emergency access from to the Property from existing Redbud Road is
acceptable provided that it i designed to prohibit access for regular vehicular
traffic.
Greenway Engineering
9. The Applicant hereby proffers to prohibit direct commercial access from the
Property to McCann's Road (Route 838) Emergency access to the Property from
McCann's Road is prohibited as well to protect the integrity of the buffer
identified along this road.
10. The Applicant shall develop Snowden Bridge Boulevard as a public street;
however, the Applicant shall have the ability to develop all internal streets as
private street systems. All private streets shall be constructed to meet or exceed
VDOT vertical base section standards.
11. The Applicant hereby proffers to provide for inter parcel connections where
possible to mitigate transportation impacts to the full commercial intersections
identified on the proffered GDP.
12. The Applicant submits that it will apply for all such public assistance mechanisms
that are available at the time of development to facilitate the installation of the
aforementioned transportation /infrastructure improvements. Those mechanisms
include, but are not limited to, matching funds, industrial access funds and /or any
other transportation /infrastructure funding vehicles, such as CDAs. Without
binding any future legislative act, the Applicant and the Frederick County Board
of Supervisors agree that the use of said mechanisms are advantageous to the
development of the Property and the use of same should be encouraged and that
both parties should make all reasonable efforts to cooperate with one another to
implement the appropriate mechanism or combination of mechanisms to ensure
rapid installation of the aforementioned improvements.
13. The Applicant hereby proffers to provide for a maximum 60 -foot right -of -way
dedication to Frederick County to provide for the development of a street
connection by others between the planned portion of Snowden Bridge Boulevard
on the Property and existing Redbud Road (Route 661) immediately south of the
Property. The general location of this 60 -foot right -of -way shall be delineated on
the final Master Development Plan, which shall connect to one of the proposed
new full commercial intersections that are located to the west of the Route 37
corridor study area as depicted on the proffered GDP. It is agreed that the 60 -foot
right -of -way dedication can be located within buffer areas provided that the
landscape screening and opaque elements are located between the adjoining
properties owned by Applicant and the right -of -way dedication area. The
Applicant shall provide the required right -of -way dedication to Frederick County
Proffer Statement
August 24, 2009 7
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
within 90 days from the date of written notice by Frederick County, which shall
occur after an official decision has been made by Frederick County and VDOT to
construct this street connection. It is agreed that the Applicant can construct street
access with entrances to land bays within the delineated 60 -foot right -of -way area
provided that the proposed street access meets or exceeds VDOT vertical base
section standards. The Applicant shall be allowed to install utilities or other
elements necessary for site development within the dedicated right -of -way area,
provided that this does not restrict use of the right -of -way.
14. The Applicant has agreed to provide Frederick County with right -of -way
dedications within the Property for the Route 37 mainline, the new Route 37
interchange, and the connecting street between Redbud Road and Snowden
Bridge Boulevard as described in Sections D(2), D(3), and D(13) of the Proffer
Statement. In the event that Frederick County or VDOT decides to not construct
these road systems in whole or in part subsequent to right -of -way dedication, the
recipient of the dedication agrees to convey the right -of -way dedication to the
Applicant within 90 days from the date of this determination.
Greenway Engineering
E. Fire and Rescue Monetary Contribution
1. The Graystone Office and Industrial Park has been demonstrated to provide a
positive economic impact to Frederick County services by the Frederick County
Development Impact Model. However, the Applicant intends to further support
fire and rescue services through the provision of a monetary contribution in the
amount of $0.05 per square foot of structural development for all land uses within
the Property. This monetary contribution shall be provided to Frederick County
for fire and rescue purposes prior to the issuance of a certificate of occupancy
permit for each building permit issued within the Property.
[Signatures on next page]
Proffer Statement
Greenway Engineering
Respectfully Submitted:
By:
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
Revised January 25, 2010
F. Signatures Graystone Corporation of Virginia
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. 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.
Dor
Commonwe. of Virginia,
Cry /County of f.P•o.rr.i.
To Wit:
8
Date: /3&/-2)--- 20/0
The foregoing instrument was acknowledged before me thist■day of .•in.• 4 nV
20,o by w.e,., \J. -oe,rt 4..
Registration No.:
GOPPg
My Commission Expire •tG 35 \55\O
P''• 510 k
iiMC A`-\?‘`
Proffer Statement
0
0
GENERALIZED DEVELOPMENT PLAN
GRAYSTONE CORPORATION OF VIRGINIA
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VA
Engineers, Surveyors
Environmental Services
Founded in 1971
GREE?IWAY ENGINEERING, IN
151 Windy Hill Lane
Winchester, Virginia 22602
Telephone: (540) 662 -4185
FAX: (540) 722 -9528
www.greenwayeng.com
Greenway Engineering
IP
August 24, 2009
Revised September 23, 2009 1 ®A T CURRENT
o-
Revised October 9, 2009
Revised November 17, 2009
Revised January [2, 2010
GRAYSTONE CORPORATION OF VIRGINIA
PROFFER STATEMENT
REZONING: RZ
Rural Areas District (RA) to Light Manufacturing District (M1)
PROPERTY: 271.39± acres;
Tax Parcels #43 -((A)) -158, 44 ((A)) -25, and 44- ((A)) -26, (here -in
after the "Property
RECORD OWNER: Graystone Corporation of Virginia
APPLICANT: Graystone Corporation of Virginia
(here -in after the "Applicant
PROJECT NAME: Graystone Corporation Office and Industrial Park
ORIGINAL DATE
OF PROFFERS: August 24, 2009
REVISION DATE: January 12, 2010
Preliminary Matters
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application
for the rezoning of 271.39± -acres from the Rural Areas (RA) District to 271.39± -acres to
the Light Industrial (M1) District, 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
be approved by the Frederick County Board of Supervisors and their legal successors,
heirs, or assigns 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 Property, more particularly described as the lands owned by Graystone Corporation
of Virginia (formerly Crider Shockey, Inc. of West Virginia), being all of Tax Map
Parcels 43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, and further described by Instrument
Number 030025588. (Please refer to Rezoning Application Deed Information).
File #276000 Rezoning Proffer Statement
Greenway Engineering
A. Generalized Development Plan
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
PROFFER STATEMENT
1. The Applicant hereby proffers to submit a Generalized Development Plan (the
"GDP for the Property. The purpose of the GDP is to identify the general
location of the M1 District office and industrial land bays, the general location of
the future Route 37 corridor study area, the general location of the Snowden
Bridge Boulevard urban four -lane divided collector road system with signalized
intersection or roundabout design and limited entrance locations, the general
location of on -site and off -site green space buffer areas, and the general location
of the adjoining parcels that are within permanent protective easements.
2. The Applicant hereby proffers to develop the Property in substantial conformity
with the proffered GDP, prepared by Greenway Engineering dated January 12,
2010. The GDP is recognized to be a conceptual plan and may be adjusted by the
Applicant to accommodate final design and engineering constraints without the
need of new conditional rezoning approval by the Frederick County Board of
Supervisors, provided that the adjustments do not eliminate or substantially
relocate the areas indicated on the proffered GDP.
B. Ml, Light Industrial District Land Uses
2
1. The Applicant intends to develop the Property to implement industrial and office
land uses that are designed to coexist in an office park setting.
2. The Frederick County Board of Supervisors agrees to allow future office and
industrial land uses that are included within future amendments to the Ml, Light
Industrial District to be developed on the Property without the need for
conditional zoning amendments.
C. Ml, Light Industrial District Design Standards
1. The Applicant hereby proffers to establish an Architectural Review Board (ARB)
to oversee and approve all structural design exterior treatments for new
construction and structural additions to ensure high quality development
throughout the project. Additionally, the ARB will oversee and approve all
monument signage and building mounted signage, to ensure consistency in the
File #2760GC Rezoning Proffer Statement
Greenway Engineering
design of signage throughout the project. Notwithstanding what is stated herein,
the ARB is intended to be in addition to and not intended to override or conflict
with any provisions of the Frederick County Code.
2. The Applicant hereby proffers to establish requirements for outdoor green areas
and/or outdoor plaza areas for the benefit of employees of the office and industrial
park. These outdoor green areas and outdoor plaza areas will be located within
each of the M1 District land bay areas identified in the proffered GDP.
3. The Applicant hereby proffers to establish internal asphalt trails for the benefit of
employees of the office and industrial park. These asphalt trails will be a
minimum of eight feet in width and will be designed to connect land uses
throughout the Ml District land bay areas identified in the proffered GDP
wherever possible. For each lot or parcel associated with the construction of a
building, the Applicant agrees to identify the location on said lot or parcel for
trails (if applicable, to said lot or parcel) and to have the trail constructed (if
applicable) prior to the issuance of the Certificate of Occupancy for the structure
or building on said lot or parcel.
4. The Applicant hereby proffers to establish a 100 -foot green space buffer area
along the northern boundary of the Property as depicted on the proffered GDP.
This green space buffer area will be left in its natural state to provide viewshed
mitigation for the Milburn Cemetery and the Helm- McCann springhouse. Said
buffer is in addition to the requirements of the Frederick County Code.
5. The Applicant hereby proffers to provide for evergreen landscaping along the
Redbud Road frontage of the Shenandoah Valley Battlefield Foundation property
identified as a green space buffer area on the proffered GDP. The provision of
this evergreen landscaping is to provide viewshed mitigation for this property and
is conditioned upon a landscape easement being furnished by Shenandoah Valley
Battlefield Foundation property owner. Said buffer is in addition to the
requirements of the Frederick County Code.
D. Transportation Enhancements
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12. 2010
3
1. The Applicant hereby proffers to provide a corridor study area within the Property
as depicted on the proffered GDP that is a minimum of 350 feet in width. The
purpose of this corridor study area is to provide Frederick County with an
opportunity to determine a final alignment for Route 37 throughout the limits of
the Property through the completion of engineering design sufficient for this
purpose. The design within the corridor study area depicted on the proffered GDP
will provide access to the Property to the proposed interchange and Snowden
Bridge Boulevard. The corridor study area shall be available to Frederick County
File #2760GC Rezoning Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
4
for a period of eight years from the date of rezoning approval to complete
engineering design necessary to determine the appropriate alignment and right -of-
way width for Route 37 within the Property. The Applicant agrees to cooperate
with VDOT and Frederick County to provide engineering information and reports
within the Applicant's possession if needed to assist with this design effort. The
Board of Supervisors may allow encroachment into and or the definition of the
corridor study area if necessary to accommodate site development proposals
through the Site Plan approval process.
2. The Applicant hereby proffers to provide for a maximum 350 -foot wide right -of-
way dedication for the Route 37 mainline section within the Property. It is agreed
that any portion of the maximum 350 -foot right -of -way that is not required for the
Route 37 mainline section within the Property will not be requested from the
Applicant. The Applicant shall provide the required right -of -way dedication to
Frederick County within 90 days from the date of written notice by Frederick
County, which shall occur after an official decision has been made by all
applicable governmental authorities for the alignment and right -of -way width for
the Route 37 mainline section within the Property. In the event the aforesaid
official decision has not been made for the Route 37 mainline section within the
time period specified in Section D(1), the Applicant may either extend the time
period for this decision, or may provide Frederick County with a 225 -foot wide
right -of -way dedication for Route 37 within the corridor study area depicted on
the proffered GDP. The Applicant shall be allowed to install utilities or other
elements necessary for site development within the dedicated right -of -way area.
3. The Applicant hereby proffers to provide for right -of -way dedication sufficient
for the development of up to an 800 -foot wide diamond interchange or a single
point urban interchange (SPUI) in the general location depicted on the proffered
GDP. It is agreed that any portion of the right -of -way that is not required for the
new interchange within the Property will not be requested from the Applicant. It
is further agreed that the engineering design sufficient to determine the location,
type and right -of -way needs for the new interchange will provide direct access to
the Property through its intersection with Snowden Bridge Boulevard. The
Applicant shall provide the required right -of -way dedication to Frederick County
within 90 days from the date of written notice by Frederick County, which shall
occur after an official decision has been made by all applicable governmental
authorities for the alignment and right -of -way width for the new Route 37
interchange within the Property. In the event the aforesaid official decision has
not been made for the new Route 37 interchange within the time period specified
in Section D(1), the Applicant may either extend the time period for this decision,
or may provide Frederick County with a 225 -foot wide right -of -way dedication
for Route 37 within the corridor study area depicted on the proffered GDP. The
Applicant shall be allowed to install utilities or other elements necessary for site
development within the dedicated right -of -way area.
File #2760GC Rezoning Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
5
4. The Applicant hereby proffers to construct Snowden Bridge Boulevard between
the Property and Martinsburg Pike (U.S. Route 11 North), including the CSX
bridge crossing, prior to the issuance of an occupancy permit for the first office or
industrial site plan approved on the Property. The Applicant shall design and
construct Snowden Bridge Boulevard as an urban four -lane divided collector road
section (U4D) throughout the limits of the Property, and shall develop the off -site
segment of Snowden Bridge Boulevard consistent with the approved public
improvement plan. Snowden Bridge Boulevard shall be initially constructed as a
two -lane road section, and shall be constructed as the ultimate four -lane divided
road section prior to the issuance of the occupancy permit for the site plan that
exceeds 8,000 VPD or in the event that Snowden Bridge Boulevard is developed
to allow access for additional traffic from outside the Property, the construction of
the ultimate four -lane divided road section shall be required when the total trip
volume exceeds 8,000 VPD on the Property, which ever first occurs.
5. The Applicant hereby proffers to limit full commercial intersection access on
Snowden Bridge Boulevard to establish up to three commercial intersections in
the general location of intersections identified on the proffered GDP. An
intersection has been identified on the proffered GDP that could potentially be
developed as either a roundabout or as a signalized intersection if warranted by
VDOT. All full commercial intersections identified on the proffered GDP will be
developed with raised medians to provide for controlled left turn movement
access to the Property.
6. The Applicant hereby proffers to allow for the full commercial intersection
located on the east side of the Route 37 corridor study area to be closed entirely if
necessary when Route 37 is developed by others throughout the limits of the
Property. The closure of the full commercial intersection is conditioned upon the
provision of street access to this portion of the Property that will be developed by
others during the construction of Route 37. The Applicant agrees to cooperate
with Frederick County to the extent possible to facilitate new street access to this
portion of the Property if this becomes necessary due to the construction of Route
37.
7. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Milburn Road (Route 662). The County may determine that
emergency access from to the Property from existing Milburn Road is acceptable
provided that it is designed to prohibit access for regular vehicular traffic.
8. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Redbud Road (Route 661). Frederick County may determine
that emergency access from to the Property from existing Redbud Road is
acceptable provided that it is designed to prohibit access for regular vehicular
traffic.
File #2760GC Rezoning Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
6
9. The Applicant hereby proffers to prohibit direct commercial access from the
Property to McCann's Road (Route 838). Emergency access to the Property from
McCann's Road is prohibited as well to protect the integrity of the buffer
identified along this road.
10. The Applicant shall develop Snowden Bridge Boulevard as a public street;
however, the Applicant shall have the ability to develop all internal streets as
private street systems. All private streets shall be constructed to meet or exceed
VDOT vertical base section standards.
11. The Applicant hereby proffers to provide for inter parcel connections where
possible to mitigate transportation impacts to the full commercial intersections
identified on the proffered GDP.
12. The Applicant submits that it will apply for all such public assistance mechanisms
that are available at the time of development to facilitate the installation of the
aforementioned transportation/infrastructure improvements. Those mechanisms
include, but are not limited to, matching funds, industrial access funds and/or any
other transportation/infrastructure funding vehicles, such as CDAs. Without
binding any future legislative act, the Applicant and the Frederick County Board
of Supervisors agree that the use of said mechanisms are advantageous to the
development of the Property and the use of same should be encouraged and that
both parties should make all reasonable efforts to cooperate with one another to
implement the appropriate mechanism or combination of mechanisms to ensure
rapid installation of the aforementioned improvements.
13. The Applicant hereby proffers to provide for a maximum 60 -foot right -of -way
dedication to Frederick County to provide for the development of a street
connection by others between the planned portion of Snowden Bridge Boulevard
on the Property and existing Redbud Road (Route 661) immediately south of the
Property. The general location of this 60 -foot right -of -way shall be delineated on
the final Master Development Plan, which shall connect to one of the proposed
new full commercial intersections that are located to the west of the Route 37
corridor study area as depicted on the proffered GDP. It is agreed that the 60 -foot
right -of -way dedication can be located within buffer areas provided that the
landscape screening and opaque elements are located between the adjoining
property and the right -of -way dedication area. The Applicant shall provide the
required right -of -way dedication to Frederick County within 90 days from the
date of written notice by Frederick County, which shall occur after an official
decision has been made by all applicable governmental authorities to construct
this street connection. It is agreed that the Applicant can construct street access
with entrances to land bays within the delineated 60 -foot right -of -way area
provided that the proposed street access meets or exceeds VDOT vertical base
section standards. The Applicant shall be allowed to install utilities or other
elements necessary for site development within the dedicated right -of -way area.
File #2760GC Rezoning Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
Revised January 12, 2010
E. Fire and Rescue Monetary Contribution
F. Signatures Graystone Corporation of Virginia
[Signatures on next page]
7
14. The Applicant has agreed to provide Frederick County with right -of -way
dedications within the Property for the Route 37 mainline, the new Route 37
interchange, and the connecting street between Redbud Road and Snowden
Bridge Boulevard as described in Sections D(2), D(3), and D(13) of the Proffer
Statement. In the event that Frederick County or any other governmental
authority decides to not construct these road systems in whole or in part
subsequent to right -of -way dedication, the recipient of the dedication agrees to
convey the right -of -way dedication to the Applicant within 90 days from the date
of this determination.
1. The Graystone Office and Industrial Park has been demonstrated to provide a
positive economic impact to Frederick County services by the Frederick County
Development Impact Model. However, the Applicant intends to further support
fire and rescue services through the provision of a monetary contribution in the
amount of $0.05 per square foot of structural development for all land uses within
the Property. This monetary contribution shall be provided to Frederick County
for fire and rescue purposes prior to the issuance of a certificate of occupancy
permit for each building permit issued within the Property.
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. 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.
File #2760GC Rezoning Proffer Statement
Greenway Engineering
Respectfully Submitted:
t• ,c
Commorfralth of Virginia,
By:
City /County of
August 24, 2009
frid
Revised September 23, 2009
Revised October 9,2009
Revised November 17, 2009
Revisal January 12, 20 I0
The foregoing instrument was acknowledged before me this 2 day of .JO/JL 2C7/
20P by aid )ockio .1P
My Commission Expires
Registration No.:
pao
To Wit:
SUSAN D. STAHL
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #290374
My Commission Expires April 30, 2012
Date:
8
1 -2o\o
'Notary Public
File #2760GC Rezoning Proffer Statement
7
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FUTURE ROUTE 37 SNOWDEN BRIDGE BLVD. INTERCHANGE
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DATE: 01/12/10
GENERALIZED DEVELOPMENT PLAN
GREENWAY ENGINEERING
151 Windy Hill Lane
2
BY
GRAYSTONE CORPORATION OF VIRGINIA
Winchester, Virginia 22602
Engineers, Surveyors
Envi
Telephone: (540) 662 -4185
STONEWALL MAGISTERIAL DISTRICT
Services
Founded in 1971
FAX. 540
722 9528
FREDERICK COUNTY, VA
www.greenwayeng.com
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GENERALIZED DEVELOPMENT PLAN
GRAYSTONE CORPORATION OF VIRGINIA
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VA
GREENWAY ENGINEERING,
151 Windy Hill Lane
Winchester, Virginia 22602
Telephone: (540) 662-4185
FAX. (540) 722-9528
www.greenwayeng.com
Engineers, Surveyors
Environmental Services
Founded in 1971
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December 2, 2009
Mr. Mike Ruddy
Deputy Planning Director
Frederick County
107 North Kent Street, 2 Floor
Winchester, VA 22601
RE: Graystone Rezoning Revised Proffers
Dear Mike:
Enclosed please find our revised proffers. This revision results from Ty
Lawson's consultation with Rod Williams.
Please let me know if you have any questions.
Sincerely,
John P. Goo
Treasurer
Enclosure
d, Jr.
GRAYSTONE CORPORATION
of Virginia
P. O. Box 2530
Winchester, VA 22604 -1730
POT
NT
Greenway Engineering
REZONING:
PROPERTY:
RECORD OWNER:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
File #2760GC Rezoning
August 24, 2009
November 17, 2009
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
GRAYSTONE CORPORATION OF VIRGINIA
PROFFER STATEMENT
RZ a e t raq
Rural Areas District (RA) to Light Manufacturing District (Ml)
271.39± acres;
Tax Parcels #43 -((A))- 158, 44- ((A)) -25, and 44- ((A)) -26, (here -in
after the "Property
Graystone Corporation of Virginia
Graystone Corporation of Virginia
(here -in after the "Applicant
Graystone Corporation Office and Industrial Park
Preliminary Matters
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application t'7 -Oq
for the rezoning of 271.39± -acres from the Rural Areas (RA) District to 271.39±-acres to
the Light Industrial (M1) District, 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
be approved by the Frederick County Board of Supervisors in accordance with the said
Code and Zoning Ordinance. In the event that such rezoning is not granted, then these
proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall
be binding upon this Applicant and their legal successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Graystone Corporation
of Virginia (formerly Crider Shockey, Inc. of West Virginia), being all of Tax Map
Parcels 43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, and further described by Instrument
Number 030025588. (Please refer to Rezoning Application Deed Information).
Proffer Statement
Greenway Engineering
A. Generalized Development Plan
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November I7, 2009
PROFFER STATEMENT
2
1. The Applicant hereby proffers to submit a Generalized Development Plan (the
"GDP") for the Property. The purpose of the GDP is to identify the general
location of the MI District office and industrial land bays, the general location of
the future Route 37 corridor study area, the general location of the Snowden
Bridge Boulevard urban four -lane divided collector road system with signalized
intersection or roundabout design and limited entrance locations, the general
location of on -site and off -site green space buffer areas, and the general location
of the adjoining parcels that are within permanent protective easements.
2. The Applicant hereby proffers to develop the Property in substantial conformity
with the proffered GDP, prepared by Greenway Engineering dated October 9,
2009. The GDP is recognized to be a conceptual plan and may be adjusted by the
Applicant to accommodate final design and engineering constraints without the
need of new conditional rezoning approval by the Frederick County Board of
Supervisors, provided that the adjustments do not eliminate or substantially
relocate the areas indicated on the proffered GDP.
B. Ml, Licht Industrial District Land Uses
1. The Applicant intends to develop the Property to implement industrial and office
land uses that are designed to coexist in an office park setting.
2. The Frederick County Board of Supervisors agrees to allow future office and
industrial land uses that are included within future amendments to the MI, Light
Industrial District to be developed on the Property without the need for
conditional zoning amendments.
C. Ml, Licht Industrial District Design Standards
1. The Applicant hereby proffers to establish an Architectural Review Board (ARB)
to oversee and approve all structural design exterior treatments for new
File #2760GC Rezoning
Proffer Statement
Greenway Engineering
D. Transportation Enhancements
File 427600C Rezoning
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
3
construction and structural additions to ensure high quality development
throughout the project. Additionally, the ARB will oversee and approve all
monument signage and building mounted signage, to ensure consistency in the
design of signage throughout the project. Notwithstanding what is stated herein,
the ARB is intended to be in addition to and not intended to override or conflict
with any provisions of the Frederick County Code.
2. The Applicant hereby proffers to establish requirements for outdoor green areas
and/or outdoor plaza areas for the benefit of employees of the office and industrial
park. These outdoor green areas and outdoor plaza areas will be located within
each of the Ml. District land bay areas identified in the proffered GDP.
3. The Applicant hereby proffers to establish internal asphalt trails for the benefit of
employees of the office and industrial park. These asphalt trails will be a
minimum of eight feet in width and will be designed to connect land uses
throughout the M1 District land bay areas identified in the proffered GDP
wherever possible. For each lot or parcel associated with the construction of a
building, the Applicant agrees to identify the location on said lot or parcel for
trails (if applicable, to said lot or parcel) and to have the trail constructed (if
applicable) prior to the issuance of the Certificate of Occupancy for the structure
or building on said lot or parcel.
4. The Applicant hereby proffers to establish a 100 -foot green space buffer area
along the northern boundary of the Property as depicted on the proffered GDP.
This green space buffer area will be left in its natural state to provide viewshed
mitigation for the Milburn Cemetery and the Helm- McCann springhouse. Said
buffer is in addition to the requirements of the Frederick County Code.
5. The Applicant hereby proffers to provide for evergreen landscaping along the
Redbud Road frontage of the Shenandoah Valley Battlefield Foundation property
identified as a green space buffer area on the proffered GDP. The provision of
this evergreen landscaping is to provide viewshed mitigation for this property and
is conditioned upon a landscape easement being furnished by Shenandoah Valley
Batllefield Foundation property owner. Said buffer is in addition to the
requirements of the Frederick County Code.
1. The Applicant hereby proffers to provide a corridor study area within the Property
as depicted on the proffered GDP that is a minimum of 350 feet in width. The
purpose of this corridor study area is to provide Frederick County with an
opportunity to determine a final alignment for Route 37 through the completion of
final engineering design throughout the limits of the Property. The corridor study
Proffer Statement
Greenway Engineering
File #2760GC Rezoning
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
4
area depicted on the proffered GDP shall be available to Frederick County for a
period of five years from the date of final non appealable rezoning approval.
2. The Applicant hereby proffers to provide for a 225 -foot wide right -of -way
dedication for the Route 37 corridor that is consistent with the Route 37 western
bypass typical section on the Property. The Applicant shall provide this right -of-
way dedication to Frederick County within 90 days from the date of written notice
by Frederick County of final engineering design approval for the section of Route
37 within the Property. In the event that final engineering design approval for
Route 37 is not obtained within the time period specified in Section D(1), the
Applicant may either extend the time period or shall determine the location of the
225 -foot wide right -of -way dedication area for Route 37 within the corridor study
area depicted on the proffered GDP. In the event that Route 37 is not developed,
or if an alternative design is approved for Route 37 that is not on the Property
subsequent to the right -of -way dedication, Frederick County agrees to have the
right -of -way transferred back to the Applicant within 90 days from the date of this
determination.
3. The Applicant hereby proffers to provide for right -of -way dedication sufficient
for the development of up to an 800 -foot wide diamond interchange or a single
point urban interchange (SPUI) in the general location depicted on the proffered
GDP. The 800 -foot wide diamond interchange or SPU1 interchange design is
intended to provide direct access to the Property through its intersection with
Snowden Bridge Boulevard. The Applicant shall provide the right -of -way
dedication to Frederick County within 90 days from the date of written notice by
Frederick County of final engineering design approval for the 800 -foot wide
diamond interchange or SPUI interchange design serving Route 37 within the
Property. In the event that Route 37 is not developed, or if an alternative design is
approved for Route 37 that is not on the Property subsequent to the right -of -way
dedication, Frederick County agrees to have the right -of -way transferred back to
the Applicant within 90 days from the date of this determination.
4. The Applicant hereby proffers to construct Snowden Bridge Boulevard between
the Property and Martinsburg Pike (U.S. Route 11 North), including the CSX
bridge crossing, prior to the issuance of an occupancy permit for the first office or
industrial site plan approved on the Property. The Applicant shall design and
construct Snowden Bridge Boulevard as an urban four -lane divided collector road
section (U4D) throughout the limits of the Property, and shall develop the off -site
segment of Snowden Bridge Boulevard consistent with the approved public
improvement plan. Snowden Bridge Boulevard shall be initially constructed as a
two -lane road section, and shall be constructed as the ultimate four -lane divided
road section prior to the issuance of the occupancy permit for the site plan that
exceeds 8,000 VPD or in the event that Snowden Bridge Boulevard is developed
to allow access for additional traffic from outside the Property, the construction of
the ultimate four -lane divided road section shall be required when the total trip
volume exceeds 8,000 VPD on the Property, which ever first occurs.
Proffer Statement
Greenway Engineering
File #27600C Rezoning
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
5. The Applicant hereby proffers to limit full commercial intersection access on
Snowden Bridge Boulevard to establish up to three commercial intersections in
the general location of intersections identified on the proffered GDP. An
intersection has been identified on the proffered GDP that could potentially be
developed as either a roundabout or as a signalized intersection if warranted by
VDOT. All full commercial intersections identified on the proffered GDP will be
developed with raised medians to provide for controlled left turn movement
access to the Property.
6. The Applicant hereby proffers to allow for the full commercial intersection
located on the east side of the Route 37 corridor study area to be closed entirely if
necessary when Route 37 is developed by others throughout the limits of the
Property. The closure of the full commercial intersection is conditioned upon the
provision of street access to this portion of the Property from a new full
commercial intersection on Snowden Bridge Boulevard located east of Milburn
Road, which will traverse Milburn Road and will be developed by others during
the construction of Route 37 throughout the limits of the Property.
7. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Milburn Road (Route 662). The County may determine that
emergency access from to the Property from existing Milburn Road is acceptable
provided that it is designed to prohibit access for regular vehicular traffic.
8. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Redbud Road (Route 661). Frederick County may determine
that emergency access from to the Property from existing Redbud Road is
acceptable provided that it is designed to prohibit access for regular vehicular
traffic.
9. The Applicant hereby proffers to prohibit direct commercial access from the
Property to McCann's Road (Route 838). Emergency access to the Property from
McCann's Road is prohibited as well to protect the integrity of the buffer
identified along this road.
10. The Applicant shall develop Snowden Bridge Boulevard as a public street;
however, the Applicant shall have the ability to develop all internal streets as
private street systems. All private streets shall be constructed to meet or exceed
VDOT vertical base section standards.
11. The Applicant hereby proffers to provide for inter parcel connections where
possible to mitigate transportation impacts to the full commercial intersections
identified on the proffered GDP.
12. The Applicant submits that it will apply for all such public assistance mechanisms
that are available at the time of development to facilitate the installation of the
Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
aforementioned transportation /infrastructure improvements. Those mechanisms
include, but are not limited to, matching funds, industrial access funds and /or any
other transportation/infrastructure funding vehicles, such as CDAs. Without
binding any future legislative act, the Applicant and the Frederick County Board
of Supervisors agree that the use of said mechanisms are advantageous to the
development of the Property and the use of same should be encouraged and that
both parties should make all reasonable .efforts to cooperate with one another to
implement the appropriate mechanism or combination of mechanisms to ensure
rapid installation of the aforementioned improvements.
E. Fire and Rescue Monetary Contribution
1. The Graystone Office and Industrial Park has been demonstrated to provide a
positive economic impact to Frederick County services by the Frederick County
Development Impact Model. However, the Applicant intends to further support
fife and rescue services through the provision of a monetary contribution in the
amount of $0.05 per square foot of structural development for all land uses within
the Property. This monetary contribution shall be provided to Frederick County
for fire and rescue purposes prior to the issuance of a certificate of occupancy
permit for each building permit issued within the Property.
F. Signatures Graystone Corporation of Virginia
File #27600C Rezoning
[Signatures on next page)
6
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. 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.
Proffer Statement
Grecnway Engineering
Respectfully Submitted:
By:
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
1 OS
Commonwealt of Vir grfiia,
SUSAN D. STA L
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #290874
My Commission Expires April 30, 2012
My Commission Expires
Registration No.:
Notary Public/
7
Date: (I -oj
City /County of /'/7ri k ek To Wit: �r ep
The foregoing instrument was acknowledged before me this day of (i /e/I/
2007 by .L a /O
File #276000 Rezoning Proffer Statement
November 25, 2009
GRAYSTONE CORPORATION
of Virginia
P. O. Box 2530
Winchester, VA 22604 -1730
Frederick County Planning Commission
107 North Kent Street
Winchester, VA 22601
RE: Graystone Corporation of Virginia Rezoning Application
Honorable Members of the Frederick County Planning Commission:
Please find enclosed the latest revision of our Proffer Statement with the
changes highlighted. You will see that many of the concerns expressed
during the November 4 meeting have been addressed. All of the benefits to
Frederick County enumerated in the original have been retained.
We introduced this project to many of you in the Fall of 2008. Prior to filing
our application, Frederick County encouraged us to move through the
process in an expeditious manner due to an industrial prospect considering
our area with a potential investment of $200 million. The County has offered
the prospect an incentive package. Our site might be a fit and could enhance
the County's prospects of landing the client. It is a long shot, however, in the
current economic environment all of us need to take every good shot we can
get.
We now understand that the Planning Commission was unaware of this
opportunity. We remain prepared to address your questions whenever you
decide to take up this rezoning.
Our rezoning offers many benefits to Frederick County that will be outlined in
one or more e-mails you can expect to receive early next week. Please watch
for them.
Don Shockey
Copies to:
Enclosure
You do not need to wait until a formal meeting for your questions to be
addressed. We would be happy to address them at your convenience.
Please e-mail the questions or comments to igood(a)shockevcompanies.com
or call him at 540- 665 -3212.
We appreciate your efforts to plan the future of Frederick County and we
hope that you will agree that our project can be a positive part of that future.
Hon. Richard C. Shickle, Chairman, Frederick County Board of Supervisors
Hon. Charles S. DeHaven, Jr., Frederick County Board of Supervisors
John R. Riley, Frederick County Administrator
Michael Ruddy, Deputy Planning Director, Frederick County
December 2, 2009
Mr. Mike Ruddy
Deputy Planning Director
Frederick County
107 North Kent Street, 2 Floor
Winchester, VA 22601
RE: Graystone Rezoning Revised Proffers
Dear Mike:
Enclosed please find our revised proffers. This revision results from Ty
Lawson's consultation with Rod Williams.
Please let me know if you have any questions.
Sincerely,
Wear
John P. Goo.. Jr.
•reasurer
Enclosure
GRAYSTONE CORPORATION
of Virginia
P. 0. Box 2530
Winchester, VA 22604 -1730
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
GRAYSTONE CORPORATION OF VIRGINIA
PROFFER STATEMENT
REZONING: RZ
Rural Areas District (RA) to Light Manufacturing District (M 1)
PROPERTY: 271.39± acres;
Tax Parcels #43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, (here -in
after the "Property
RECORD OWNER: Graystone Corporation of Virginia
APPLICANT: Graystone Corporation of Virginia
(here -in after the "Applicant
PROJECT NAME: Graystone Corporation Office and Industrial Park
ORIGINAL DATE
OF PROFFERS: August 24, 2009
REVISION DATE: November 17, 2009
Preliminary Matters
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application
for the rezoning of 271.39± -acres from the Rural Areas (RA) District to 271.39±-acres to
the Light Industrial (M1) District, 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
be approved by the Frederick County Board of Supervisors in accordance with the said
Code and Zoning Ordinance. In the event that such rezoning is not granted, then these
proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall
be binding upon this Applicant and their legal successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Graystone Corporation
of Virginia (formerly Crider Shockey, Inc. of West Virginia), being all of Tax Map
Parcels 43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, and further described by Instrument
Number 030025588. (Please refer to Rezoning Application Deed Information).
File #2760GC Rezoning Proffer Statement
Greenway Engineering
A. Generalized Development Plan
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
PROFFER STATEMENT
1. The Applicant hereby proffers to submit a Generalized Development Plan (the
"GDP for the Property. The purpose of the GDP is to identify the general
location of the M1 District office and industrial land bays, the general location of
the future Route 37 corridor study area, the general location of the Snowden
Bridge Boulevard urban four -lane divided collector road system with signalized
intersection or roundabout design and limited entrance locations, the general
location of on -site and off -site green space buffer areas, and the general location
of the adjoining parcels that are within permanent protective easements.
2. The Applicant hereby proffers to develop the Property in substantial conformity
with the proffered GDP, prepared by Greenway Engineering dated October 9,
2009. The GDP is recognized to be a conceptual plan and may be adjusted by the
Applicant to accommodate final design and engineering constraints without the
need of new conditional rezoning approval by the Frederick County Board of
Supervisors, provided that the adjustments do not eliminate or substantially
relocate the areas indicated on the proffered GDP.
B. Ml, Light Industrial District Land Uses
2
1. The Applicant intends to develop the Property to implement industrial and office
land uses that are designed to coexist in an office park setting.
2. The Frederick County Board of Supervisors agrees to allow future office and
industrial land uses that are included within future amendments to the M1, Light
Industrial District to be developed on the Property without the need for
conditional zoning amendments.
C. Ml, Light Industrial District Design Standards
1. The Applicant hereby proffers to establish an Architectural Review Board (ARB)
to oversee and approve all structural design exterior treatments for new
File #2760GC Rezoning Proffer Statement
Greenway Engineering
construction and structural additions to ensure high quality development
throughout the project. Additionally, the ARB will oversee and approve all
monument signage and building mounted signage, to ensure consistency in the
design of signage throughout the project. Notwithstanding what is stated herein,
the ARB is intended to be in addition to and not intended to override or conflict
with any provisions of the Frederick County Code.
2. The Applicant hereby proffers to establish requirements for outdoor green areas
and /or outdoor plaza areas for the benefit of employees of the office and industrial
park. These outdoor green areas and outdoor plaza areas will be located within
each of the M1 District land bay areas identified in the proffered GDP.
3. The Applicant hereby proffers to establish internal asphalt trails for the benefit of
employees of the office and industrial park. These asphalt trails will be a
minimum of eight feet in width and will be designed to connect land uses
throughout the Ml District land hay areas identified in the proffered GDP
wherever possible. For each lot or parcel associated with the construction of a
building, the Applicant agrees to identify the location on said lot or parcel for
trails (if applicable, to said lot or parcel) and to have the trail constructed (if
applicable) prior to the issuance of the Certificate of Occupancy for the structure
or building on said lot or parcel.
4. The Applicant hereby proffers to establish a 100 -foot green space buffer area
along the northern boundary of the Property as depicted on the proffered GDP.
This green space buffer area will be Left in its natural state to provide viewshed
mitigation for the Milburn Cemetery and the Helm- McCann springhouse. Said
buffer is in addition to the requirements of the Frederick County Code.
5. The Applicant hereby proffers to provide for evergreen landscaping along the
Redbud Road frontage of the Shenandoah Valley Battlefield Foundation property
identified as a green space buffer area on the proffered GDP. The provision of
this evergreen landscaping is to provide viewshed mitigation for this property and
is conditioned upon a landscape easement being furnished by Shenandoah Valley
Battlefield Foundation property owner. Said buffer is in addition to the
requirements of the Frederick County Code.
D. Transportation Enhancements
August 24, 2009
Revised September 23, 2009
Revised October 9,2009
Revised November 17, 2009
3
1. The Applicant hereby proffers to provide a corridor study area within the Property
as depicted on the proffered GDP that is a minimum of 350 feet in width. The
purpose of this corridor study area is to provide Frederick County with an
opportunity to determine a final alignment for Route 37 through the completion of
final engineering design throughout the limits of the Property. The corridor study
Fite #2760GC Rezoning Proffer Statement
Greenway Engineering
File #2760GC Rezoning
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
4
area depicted on the proffered GDP shall be available to Frederick County for a
period of five years from the date of final non appealable rezoning approval.
2. The Applicant hereby proffers to provide for a 225 -foot wide right -of -way
dedication for the Route 37 corridor that is consistent with the Route 37 western
bypass typical section on the Property. The Applicant shall provide this right -of-
way dedication to Frederick County within 90 days from the date of written notice
by Frederick County of final engineering design approval for the section of Route
37 within the Property. In the event that final engineering design approval for
Route 37 is not obtained within the time period specified in Section D(1), the
Applicant may either extend the time period or shall determine the location of the
225 -foot wide right -of -way dedication area for Route 37 within the corridor study
area depicted on the proffered GDP. In the event that Route 37 is not developed,
or if an alternative design is approved for Route 37 that is not on the Property
subsequent to the right -of -way dedication, Frederick County agrees to have the
right -of -way transferred back to the Applicant within 90 days from the date of this
determination.
3. The Applicant hereby proffers to provide for right -of -way dedication sufficient
for the development of up to an 800 -foot wide diamond interchange or a single
point urban interchange (SPUI) in the general location depicted on the proffered
GDP. The 800 -foot wide diamond interchange or SPUI interchange design is
intended to provide direct access to the Property through its intersection with
Snowden Bridge Boulevard. The Applicant shall provide the right -of -way
dedication to Frederick County within 90 days from the date of written notice by
Frederick County of final engineering design approval for the 800 -foot wide
diamond interchange or SPUI interchange design serving Route 37 within the
Property. In the event that Route 37 is not developed, or if an alternative design is
approved for Route 37 that is not on the Property subsequent to the right -of -way
dedication, Frederick County agrees to have the right -of -way transferred back to
the Applicant within 90 days from the date of this determination.
4. The Applicant hereby proffers to construct Snowden Bridge Boulevard between
the Property and Martinsburg Pike (U.S. Route 11 North), including the CSX
bridge crossing, prior to the issuance of an occupancy permit for the first office or
industrial site plan approved on the Property. The Applicant shall design and
construct Snowden Bridge Boulevard as an urban four -lane divided collector road
section (U4D) throughout the limits of the Property, and shall develop the off -sitc
segment of Snowden Bridge Boulevard consistent with the approved public
improvement plan. Snowden Bridge Boulevard shall be initially constructed as a
two -lane road section, and shall be constructed as the ultimate four -lane divided
road section prior to the issuance of the occupancy permit for the site plan that
exceeds 8,000 VPD or in the event that Snowden Bridge Boulevard is developed
to allow access for additional traffic from outside the Property, the construction of
the ultimate four -lane divided road section shall be required when the total trip
volume exceeds 8,000 VPD on the Property, which ever first occurs.
Proffer Statement
Greenway Engineering
August 24, 2 009
Revised Septemter 23, 2009
Revised October 9, 2009
Revised November 17. 2009
5. The Applicant hereby proffers to limit full commercial intersection access on
Snowden Bridge Boulevard to establish up to three commercial intersections in
the general location of intersections identified on the proffered GDP. An
intersection has been identified on the proffered GDP that could potentially be
developed as either a roundabout or as a signalized intersection if warranted by
VDOT. All full commercial intersections identified on the proffered GDP will be
developed with raised medians to provide for controlled left turn movement
access to the Property.
6. The Applicant hereby proffers to allow for the full commercial intersection
located on the east side of the Route 37 corridor study area to be closed entirely if
necessary when Route 37 is developed by others throughout the limits of the
Property. The closure of the full commercial intersection is conditioned upon the
provision of street access to this portion of the Property from a new full
commercial intersection on Snowden Bridge Boulevard located east of Milburn
Road, which will traverse Milburn Road and will be developed by others during
the construction of Route 37 throughout the limits of the Property.
7. The Applicant hereby proffcrs to prohibit direct commercial access from the
Property to existing Milburn Road (Route 662). The County may determine that
emergency access from to the Property from existing Milburn Road is acceptable
provided that it is designed to prohibit access for regular vehicular traffic.
8. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Redbud Road (Route 661). Frederick County may determine
that emergency access from to the Property from existing Redbud Road is
acceptable provided that it is designed to prohibit access for regular vehicular
traffic.
9. The Applicant hereby proffers to prohibit direct commercial access from the
Property to McCann's Road (Route 838). Emergency access to the Property from
McCann's Road is prohibited as well to protect the integrity of the buffer
identified along this road.
10. The Applicant shall develop Snowden Bridge Boulevard as a public street;
however, the Applicant shall have the ability to develop all internal streets as
private street systems. All private streets shall he constructed to meet or exceed
VDOT vertical base section standards.
11. The Applicant hereby proffers to provide for inter parcel connections where
possible to mitigate transportation impacts to the full commercial intersections
identified on the proffered GDP.
12. The Applicant submits that it will apply for all such public assistance mechanisms
that are available at the time of development to facilitate the installation of the
File #276000 Rezoning Proffer Statement
Greenway Engineering
aforementioned transportation /infrastructure improvements. Those mechanisms
include, but are not limited to, matching funds, industrial access funds and /or any
other transportation/infrastructure funding vehicles, such as CDAs. Without
binding any future legislative act, the Applicant and the Frederick County Board
of Supervisors agree that the use of said mechanisms are advantageous to the
development of the Property and the use of same should be encouraged and that
both parties should make all reasonable efforts to cooperate with one another to
implement the appropriate mechanism or combination of mechanisms to ensure
rapid installation of the aforementioned improvements.
E. Fire and Rescue Monetary Contribution
1. The Graystone Office and Industrial Park has been demonstrated to provide a
positive economic impact to Frederick County services by the Frederick County
Development Impact Model. However, the Applicant intends to further support
fire and rescue services through the provision of a monetary contribution in the
amount of $0.05 per square foot of structural development for all land uses within
the Property. This monetary contribution shall be provided to Frederick County
for fire and rescue purposes prior to the issuance of a certificate of occupancy
permit for each building permit issued within the Property.
F. Signatures Graystone Corporation of Virginia
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. 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.
File #27600C Rezoning
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
[Signatures on next page]
Proffer Statement
Greenway Engineering
Respectfully Submitted:
File #27600C Rezoning
August 24,2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
By:
T rvit a 5. r dr,
Commonwealt of Vir /p i a
City /County of /�/If(l� /I p /ek p
The foregoing instrument was acknowledged before me this27 day of ii;0 1 //7150e--
L.
2007 by e,/ Ofili(Q3/o(/'I�� X1)6#
SUSAN D. STAWL
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #290874
My Commission Expires April 30, 2012
My Commission Expires
Registration No.:
To Wit:
Notary Public
7
Date: ti —25 -0q
Proffer Statement
November 25, 2009
GRAYSTONE CORPORATION
of Virginia
P. O. Box 2530
Winchester, VA 22604 -1730
Frederick County Planning Commission
107 North Kent Street
Winchester, VA 22601
RE: Graystone Corporation of Virginia Rezoning Application
Honorable Members of the Frederick County Planning Commission:
Please find enclosed the latest revision of our Proffer Statement with the
changes highlighted. You will see that many of the concerns expressed
during the November 4 meeting have been addressed. All of the benefits to
Frederick County enumerated in the original have been retained.
We introduced this project to many of you in the Fall of 2008. Prior to filing
our application, Frederick County encouraged us to move through the
process in an expeditious manner due to an industrial prospect considering
our area with a potential investment of $200 million. The County has offered
the prospect an incentive package. Our site might be a fit and could enhance
the County's prospects of landing the client. It is a long shot, however, in the
current economic environment all of us need to take every good shot we can
get.
We now understand that the Planning Commission was unaware of this
opportunity. We remain prepared to address your questions whenever you
decide to take up this rezoning.
Our rezoning offers many benefits to Frederick County that will be outlined in
one or more e-mails you can expect to receive early next week. Please watch
for them.
You do not need to wait until a formal meeting for your questions to be
addressed. We would be happy to address them at your convenience.
Please e-mail the questions or comments to jgood anshockevcompanies.com
or call him at 540 665 -3212.
We appreciate your efforts to plan the future of Frederick County and we
hope that you will agree that our project can be a positive part of that future.
Sin erely,
Lt 161
Don Shockey
Copies to:
Hon. Richard C. Shickle, Chairman, Frederick County Board of Supervisors
Hon. Charles S. DeHaven, Jr., Frederick County Board of Supervisors
John R. Riley, Frederick County Administrator
Michael Ruddy, Deputy Planning Director, Frederick County
Enclosure
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
GRAYSTONE CORPORATION OF VIRGINIA
PROFFER STATEMENT
REZONING: RZ
Rural Areas District (RA) to Light Manufacturing District (M1)
PROPERTY: 271.39± acres;
Tax Parcels #43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, (here -in
after the "Property
RECORD OWNER: Graystone Corporation of Virginia
APPLICANT: Graystone Corporation of Virginia
(here -in after the "Applicant
PROJECT NAME: Graystone Corporation Office and Industrial Park
ORIGINAL DATE
OF PROFFERS: August 24, 2009
REVISION DATE: 1 November 17, 2009 (.JS TEST RE— JtSlo4 DATE
Preliminary Matters
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application
for the rezoning of 271.39± -acres from the Rural Areas (RA) District to 271.39± -acres to
the Light Industrial (M1) District, 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
be approved by the Frederick County Board of Supervisors in accordance with the said
Code and Zoning Ordinance. In the event that such rezoning is not granted, then these
proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall
be binding upon this Applicant and their legal successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Graystone Corporation
of Virginia (formerly Crider Shockey, Inc. of West Virginia), being all of Tax Map
Parcels 43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, and further described by Instrument
Number 030025588. (Please refer to Rezoning Application Deed Information).
Fitc #2760GC Rezoning Proffer Statement
Greenway Engineering
A. Generalized Development Plan
File #2700GC Rezoning
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
PROFFER STATEMENT
1. The Applicant hereby proffers to submit a Generalized Development Plan (the
"GDP for the Property. The purpose of the GDP is to identify the general
location of the M1 District office and industrial land bays, the general location of
the future Route 37 corridor study area, the general location of the Snowden
Bridge Boulevard urban four -lane divided collector road system with signalized
intersection or roundabout design and limited entrance locations, the general
location of on -site and off -site green space buffer areas, and the general location
of the adjoining parcels that are within permanent protective easements.
2.. The Applicant hereby proffers to develop the Property in substantial conformity
with the proffered GDP, prepared by Greenway Engineering dated October 9,
2009. The GDP is recognized to be a conceptual plan and may be adjusted by the
Applicant to accommodate final design and engineering constraints without the
need of new conditional rezoning approval by the Frederick County Board of
Supervisors, provided that the adjustments do not eliminate or substantially
relocate the areas indicated on the proffered GDP.
C. Ml, Light Industrial District Design Standards
B. Ml, Light Industrial District Land Uses IN rcRA E A-1i •1 of USES EL-A4,4a CO
1. The Applicant intends to develop the Property to implement industrial and office
land uses that are designed to coexist in an office park setting.
2. The Frederick County Board of Supervisors agrees to allow future office and
industrial land uses that are included within future amendments to the M1, Light
Industrial District to be developed on the Property without the need for
conditional zoning amendments.
coa &MrcA RAM41.126946Si Gli vt Nl
I h&r#'(oF So' Cat c 1cGS Et. uW4ft)
MkXfm -ei I4GtGW of r7o ¶A 012Ki+ t sate -c
EmAmi4A'tla
1. The Applicant hereby proffers to establish an Architectural Review Board (ARB)
to oversee and approve all structural design exterior treatments for new
Proffer Statement
Greenway Engineering
construction and structural additions to ensure high quality development
throughout the project. Additionally, the ARB will oversee and approve all
monument signage and building mounted signage, to ensure consistency in the
desir of si• age throu hog ut the project�Notwithstanding what is stated herein
the ARB is intended to be in addition to and not intended to override or conflic
with any provisions of the Frederick County Code.
cuM tFtCA r 4cA
2. The Applicant hereby proffers to establish requirements for outdoor green areas
and /or outdoor plaza areas for the benefit of employees of the office and industrial
park. These outdoor green areas and outdoor plaza areas will be located within
each of the M1 District land bay areas identified in the proffered GDP.
3. The Applicant hereby proffers to establish internal asphalt trails for the benefit of
employees of the office and industrial park. These asphalt trails will be a
minimum of eight feet in width and will be designed to connect land uses
throughout the M1 District land bay areas identified in the proffered GDP
wherever possible or each lot or parcel associated with the construction of a
/building, the Applicant agrees to identify the location on said lot or parcel for
trails (if applicable, to said lot or parcel) and to have the trail constructed (if
applicable) prior to the issuance of the Certificate of Occupancy for the structur
or building on said lot or parcel CLeie\FtCATlo
D. Transportation Enhancements
August 24, 2009
Revised September 23, 2009
Revised October9, 2009
Revised November 17, 2009
3
4. The Applicant hereby proffers to establish a 100 -foot green space buffer area
along the northern boundary of the Property as depicted on the proffered GDP.
This green space buffer area will be left in its natural state to provide viewshed
miti ation for the Milburn Cemeter and the Helm- McCann springhouse a
buffer is in addition to the requirements of the Frederick County Code.
C&ARAVICATtot
5. The Applicant hereby proffers to provide for evergreen landscaping along the
Redbud Road frontage of the Shenandoah Valley Battlefield Foundation property
identified as a green space buffer area on the proffered GDP. The provision of
this evergreen landscaping is to provide viewshed mitigation for this property and
is conditioned upon a landscape easement being furnished by Shenandoah Valley
Battlefield Foundation property owner. Said buffer is in addition to the
requirements of the Frederick County Code.
1. The Applicant hereby proffers to provide a corridor study area within the Property
as depicted on the proffered GDP that is a minimum of 350 feet in width. The
purpose of this corridor study area is to provide Frederick County with an
opportunity to determine a final alignment for Route 37 through the completion of
final engineering design throughout the limits of the Property. The corridor study
File #2760GC Rezoning Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
File #2760GC Rezoning Proffer Statement
4. The Applicant hereby proffers to construct Snowden Bridge Boulevard between
the Property and Martinsburg Pike (U.S. Route 11 North), including the CSX
bridge crossing, prior to the issuance of an occupancy permit for the first office or
industrial site plan approved on the Property. The Applicant shall design and
construct Snowden Bridge Boulevard as an urban four lane divided collector road
section (U4D) throughout the limits of the Property, and shall develop the off -site
segment of Snowden Bridge Boulevard consistent with the approved public
improvement plan. Snowden Bridge Boulevard shall be initially constructed as a
two -lane road section, and shall be constructed as the ultimate four -lane divided
road section prior to the issuance of the occupancy permit for the site plan that
exceeds 8,000 VP of in the event that Snowden Bridge Boulevard is developed
to allow access for additional traffic from outside the Property, the construction of
the ultimate four -lane divided road section shall be required when the total trip
volume exceeds 8,000 VPD on the Property(which ever first occurs?)
G t.,4CkVt CA-to n) POOCO
3. The Applicant hereby proffers to provide for right -of -way dedication sufficient
for the development of up to an 800 -foot wide diamond interchange or a single
point urban interchange (SPUI) in the general location depicted on the proffered
GDP. The 800 -foot wide diamond interchange or SPUI interchange design is
intended to provide direct access to the Property through its intersection with
Snowden Bridge Boulevard. The Applicant shall provide the right -of -way
dedication to Frederick County within 90 days from the date of written notice by
Frederick County of final engineering design approval for the 800 -foot wide
diamond interchange or SPUI interchange design serving Route 37 within the
Property. In the event that Route 37 is not developed, or if an alternative design is
approved for Route 37 that is not on the Property subsequent to the right -of -way
dedication, Frederick County agrees to have the right -of -way transferred back to
the Applicant within 90 days from the date of this determination.
4
area depicted on the proffered GDP shall be available to Frederick County for a
period of five years from the date of final non- appealable rezoning approval.
2. The Applicant hereby proffers to provide for a 225 -foot wide right -of -way
dedication for the Route 37 corridor that is consistent with the Route 37 western
bypass typical section on the Property. The Applicant shall provide this right -of-
way dedication to Frederick County within 90 days from the date of written notice
by Frederick County of final engineering design approval for the section of Route
37 within the Property. In the event that final engineering design approval for
Route 37 is not obtained within the time period specified in Section D(1), the
Applicant may either extend the time period or shall determine the location of the
225 -foot wide right -of -way dedication area for Route 37 within the corridor study
area depicted on the proffered GDP. In the event that Route 37 is not developed,
or if an alternative design is approved for Route 37 that is not on the Property
subsequent to the right -of -way dedication, Frederick County agrees to have the
right -of -way transferred back to the Applicant within 90 days from the date of this
determination.
Greenway Engineering
August 24,2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
5. The Applicant hereby proffers to limit full commercial intersection access on
Snowden Bridge Boulevard to establish up to three commercial intersections in
the general location of intersections identified on the proffered GDP. An
intersection has been identified on the proffered GDP that could potentially be
developed as either a roundabout or as a signalized intersection if warranted by
VDOT. All full commercial intersections identified on the proffered GDP will be
developed with raised medians to provide for controlled left turn movement
access to the Property.
6. The Applicant hereby proffers to allow for the full commercial intersection
located on the east side of the Route 37 corridor study area to be closed entirely if
necessary when Route 37 is developed by others throughout the limits of the
Property. The closure of the full commercial intersection is conditioned upon the
provision of street access to this portion of the Property from a new full
commercial intersection on Snowden Bridge Boulevard located east of Milburn
Road, which will traverse Milburn Road and will be developed by others during
the construction of Route 37 throughout the limits of the Property.
7. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Milburn Road (Route 662). The County may determine that
emergency access from to the Property from existing Milburn Road is acceptable
provided that it is designed to prohibit access for regular vehicular traffic.
8. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Redbud Road (Route 661). Frederick County may determine
that emergency access from to the Property from existing Redbud Road is
acceptable provided that it is designed to prohibit access for regular vehicular
traffic.
9. The Applicant hereby proffers to prohibit direct commercial access from the
Property to McCann's Road (Route 838). Emergency access to the Property from
McCann's Road is prohibited as well to protect the integrity of the buffer
identified along this road.
10. The Applicant shall develop Snowden Bridge Boulevard as a public street;
however, the Applicant shall have the ability to develop all internal streets as
private street systems. All private streets shall be constructed to meet or exceed
VDOT vertical base section standards.
11. The Applicant hereby proffers to provide for inter parcel connections where
possible to mitigate transportation impacts to the full commercial intersections
identified on the proffered GDP.
12. The Applicant submits that it will apply for all such public assistance mechanisms
that are available at the time of development to facilitate the installation of the
File #276000 Rezoning
Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
aforementioned transportation /infrastructure improvements. Those mechanisms
include, but are not limited to, matching funds, industrial access funds and /or any
other transportation /infrastructure funding vehicles, such as CDAs. Without
binding any future legislative act, the Applicant and the Frederick County Board
of Supervisors agree that the use of said mechanisms are advantageous to the
development of the Property and the use of same should be encouraged and that
both parties Could make all reasonable efforts to cooperate with one another to
implement the appropriate mechanism or combination of mechanisms to ensure
rapid installation of the afor entioned improvements.
CL-PA C4c47)4 AOo (5
E. Fire and Rescue Monetary Contribution
1. The Graystone Office and Industrial Park has been demonstrated to provide a
positive economic impact to Frederick County services by the Frederick County
Development Impact Model. However, the Applicant intends to further support
fire and rescue services through the provision of a monetary contribution in the
amount of $0.05 per square foot of structural development for all land uses within
the Property. This monetary contribution shall be provided to Frederick County
for fire and rescue purposes prior to the issuance of a certificate of occupancy
permit for each building permit issued within the Property.
F. Signatures Graystone Corporation of Virginia
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. 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.
File #27600C Rezoning
[Signatures on next page]
Proffer Statement
6
Greenway Engineering
Respectfully Submitted:
File #2760GC Rezoning
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
Revised November 17, 2009
By: Do(V S14ocv Date: 2S
Commonwealth of Virginia,
City /County of To Wit:
The foregoing instrument was acknowledged before me this day of
20 by
My Commission Expires
Registration No.:
Notary Public
Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
GRAYSTONE CORPORATION OF VIRGINIA
PROFFER STATEMENT
REZONING: RZ# oq -o'
Rural Areas District (RA) to Light Manufacturing District (M1)
PROPERTY: 271.39± acres;
Tax Parcels #43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, (here -in
after the "Property
RECORD OWNER: Graystone Corporation of Virginia
APPLICANT: Graystone Corporation of Virginia
(here -in after the "Applicant
PROJECT NAME: Graystone Corporation Office and Industrial Park
ORIGINAL DATE
OF PROFFERS: August 24, 2009
REVISION DATE: October 9, 2009
Preliminary Matters
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application 0l -09
for the rezoning of 271.39± -acres from the Rural Areas (RA) District to 271.39± -acres to
the Light Industrial (MI) District, 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
be approved by the Frederick County Board of Supervisors in accordance with the said
Code and Zoning Ordinance. In the event that such rezoning is not granted, then these
proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall
be binding upon this Applicant and their legal successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Graystone Corporation
of Virginia (formerly Crider Shockey, Inc. of West Virginia), being all of Tax Map
Parcels 43 -((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, and further described by Instrument
Number 030025588. (Please refer to Rezoning Application Deed Information).
File #2760GC Rezoning Proffer Statement
o CURRENT
Greenway Engineering
A. Generalized Development Plan
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
PROFFER STATEMENT
1. The Applicant hereby proffers to submit a Generalized Development Plan (the
"GDP for the Property. The purpose of the GDP is to identify the general
location of the M1 District office and industrial land bays, the general location of
the future Route 37 corridor study area, the general location of the Snowden
Bridge Boulevard urban four -lane divided collector road system with signalized
intersection or roundabout design and limited entrance locations, the general
location of on -site and off -site green space buffer areas, and the general location
of the adjoining parcels that are within permanent protective easements.
2. The Applicant hereby proffers to develop the Property in substantial conformity
with the proffered GDP, prepared by Greenway Engineering dated October 9,
2009. The GDP is recognized to be a conceptual plan and may be adjusted by the
Applicant to accommodate final design and engineering constraints without the
need of new conditional rezoning approval by the Frederick County Board of
Supervisors, provided that the adjustments do not eliminate or substantially
relocate the areas indicated on the proffered GDP.
B. MI, Light Industrial District Land Uses
Financial Institution Offices
Medical Offices
Research and Development Offices
2
1. The Applicant intends to develop the Property to implement industrial and office
land uses that are designed to coexist in an office park setting. In order to ensure
that the Property is developed to its maximum potential under the M1, Light
Industrial District, the Applicant requests the Frederick County Board of
Supervisors, by accepting this proffer, agrees that the M1 District is to be
interpreted to include the following land uses:
2. The Frederick County Board of Supervisors agrees to allow future office and
industrial land uses that are included within future amendments to the M1, Light
Industrial District to be developed on the Property without the need for
conditional zoning amendments.
File #2760GC Rezoning Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
C. Ml, Light Industrial District Design Standards
3
1. In order to ensure that the Property is developed to its maximum potential under
the Ml, Light Industrial District, the Applicant requests the Frederick County
Board of Supervisors, by accepting this proffer, agrees to allow a floor area to lot
area ratio (FAR) of 2.0 for office building development. This FAR allowance will
provide consistency with office building development currently permitted in the
MS, Medical Support District as identified in §165 -98D of the Frederick County
Code.
2. In order to ensure that the Property is developed to its maximum potential under
the M1, Light Industrial District, the Applicant requests the Frederick County
Board of Supervisors, by accepting this proffer, agrees to allow a maximum
structural height of 90 feet for office buildings within the project. This structural
height allowance will provide consistency with office building development
currently permitted in the MS, Medical Support District as identified in §165
101A of the Frederick County Code.
3. In order to ensure that the Property is developed to its maximum potential under
the M1, Light Industrial District, the Applicant requests the Frederick County
Board of Supervisors, by accepting this proffer, agrees to allow a maximum
structural height of 70 feet for automobile parking structures within the project.
This structural height allowance will provide consistency with automobile parking
structures currently permitted in the MS, Medical Support District as identified in
§165-101B of the Frederick County Code.
4. The Applicant hereby proffers to establish an Architectural Review Board (ARB)
to oversee and approve all structural design exterior treatments for new
construction and structural additions to ensure high quality development
throughout the project. Additionally, the ARB will oversee and approve all
monument signage and building mounted signage, to ensure consistency in the
design of signage throughout the project.
5. The Applicant hereby proffers to establish requirements for outdoor green areas
and/or outdoor plaza areas for the benefit of employees of the office and industrial
park. These outdoor green areas and outdoor plaza areas will be located within
each of the M1 District land bay areas identified in the proffered GDP.
6. The Applicant hereby proffers to establish internal asphalt trails for the benefit of
employees of the office and industrial park. These asphalt trails will be a
minimum of eight feet in width and will be designed to connect land uses
throughout the M1 District land bay areas identified in the proffered GDP
wherever possible.
File #2760GC Rezoning Proffer Statement
Greenway Engineering
August 24,2009
Revised September 23, 2009
Revised October 9, 2009
7. The Applicant hereby proffers to establish a 100 -foot green space buffer area
along the northern boundary of the Property as depicted on the proffered GDP.
This green space buffer area will be left in its natural state to provide viewshed
mitigation for the Milburn Cemetery and the Helm- McCann springhouse.
8. The Applicant hereby proffers to provide for evergreen landscaping along the
Redbud Road frontage of the Shenandoah Valley Battlefield Foundation property
identified as a green space buffer area on the proffered GDP. The provision of
this evergreen landscaping is to provide viewshed mitigation for this property and
is conditioned upon a landscape easement being furnished by Shenandoah Valley
Battlefield Foundation property owner.
D. Transportation Enhancements
4
1. The Applicant hereby proffers to provide a corridor study area within the Property
as depicted on the proffered GDP that is a minimum of 350 feet in width. The
purpose of this corridor study area is to provide Frederick County with an
opportunity to determine a final alignment for Route 37 through the completion of
final engineering design throughout the limits of the Property. The corridor study
area depicted on the proffered GDP shall be available to Frederick County for a
period of five years from the date of final non- appealable rezoning approval.
2. The Applicant hereby proffers to provide for a 225 -foot wide right -of -way
dedication for the Route 37 corridor that is consistent with the Route 37 western
bypass typical section on the Property. The Applicant shall provide this right -of-
way dedication to Frederick County within 90 days from the date of written notice
by Frederick County of final engineering design approval for the section of Route
37 within the Property. In the event that final engineering design approval for
Route 37 is not obtained within the time period specified in Section D(1), the
Applicant may either extend the time period or shall determine the location of the
225 -foot wide right -of -way dedication area for Route 37 within the corridor study
area depicted on the proffered GDP. In the event that Route 37 is not developed,
or if an alternative design is approved for Route 37 that is not on the Property
subsequent to the right -of -way dedication, Frederick County agrees to have the
right -of -way transferred back to the Applicant within 90 days from the date of this
determination.
3. The Applicant hereby proffers to provide for right -of -way dedication sufficient
for the development of up to an 800 -foot wide diamond interchange or a single
point urban interchange (SPUI) in the general location depicted on the proffered
GDP. The 800 -foot wide diamond interchange or SPUI interchange design is
intended to provide direct access to the Property through its intersection with
Snowden Bridge Boulevard. The Applicant shall provide the right -of -way
File #2760GC Rezoning Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
5
dedication to Frederick County within 90 days from the date of written notice by
Frederick County of final engineering design approval for the 800 -foot wide
diamond interchange or SPUI interchange design serving Route 37 within the
Property. In the event that Route 37 is not developed, or if an alternative design is
approved for Route 37 that is not on the Property subsequent to the right -of -way
dedication, Frederick County agrees to have the right -of -way transferred back to
the Applicant within 90 days from the date of this determination.
4. The Applicant hereby proffers to construct Snowden Bridge Boulevard between
the Property and Martinsburg Pike (U.S. Route 11 North), including the CSX
bridge crossing, prior to the issuance of an occupancy permit for the first office or
industrial site plan approved on the Property. The Applicant shall design and
construct Snowden Bridge Boulevard as an urban four -lane divided collector road
section (U4D) throughout the limits of the Property, and shall develop the off -site
segment of Snowden Bridge Boulevard consistent with the approved public
improvement plan. Snowden Bridge Boulevard shall be initially constructed as a
two -lane road section, and shall be constructed as the ultimate four -lane divided
road section prior to the issuance of the occupancy permit for the site plan that
exceeds 8,000 VPD. In the event that Snowden Bridge Boulevard is developed to
allow access for additional traffic from outside the Property, the construction of
the ultimate four -lane divided road section shall be required when the total trip
volume exceeds 8,000 VPD on the Property.
5. The Applicant hereby proffers to limit full commercial intersection access on
Snowden Bridge Boulevard to establish up to three commercial intersections in
the general location of intersections identified on the proffered GDP. An
intersection has been identified on the proffered GDP that could potentially be
developed as either a roundabout or as a signalized intersection if warranted by
VDOT. All full commercial intersections identified on the proffered GDP will be
developed with raised medians to provide for controlled left turn movement
access to the Property.
6. The Applicant hereby proffers to allow for the full commercial intersection
located on the east side of the Route 37 corridor study area to be closed entirely if
necessary when Route 37 is developed by others throughout the limits of the
Property. The closure of the full commercial intersection is conditioned upon the
provision of street access to this portion of the Property from a new full
commercial intersection on Snowden Bridge Boulevard located east of Milburn
Road, which will traverse Milburn Road and will be developed by others during
the construction of Route 37 throughout the limits of the Property.
7. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Milburn Road (Route 662). The County may determine that
emergency access from to the Property from existing Milburn Road is acceptable
provided that it is designed to prohibit access for regular vehicular traffic.
File #2760GC Rezoning Proffer Statement
Greenway Engineering
August 24, 2009
Revised September 23, 2009
Revised October 9, 2009
6
8. The Applicant hereby proffers to prohibit direct commercial access from the
Property to existing Redbud Road (Route 661). Frederick County may determine
that emergency access from to the Property from existing Redbud Road is
acceptable provided that it is designed to prohibit access for regular vehicular
traffic.
9. The Applicant hereby proffers to prohibit direct commercial access from the
Property to McCann's Road (Route 838). Emergency access to the Property from
McCann's Road is prohibited as well to protect the integrity of the buffer
identified along this road.
10. The Applicant shall develop Snowden Bridge Boulevard as a public street;
however, the Applicant shall have the ability to develop all internal streets as
private street systems. All private streets shall be constructed to meet or exceed
VDOT vertical base section standards.
11. The Applicant hereby proffers to provide for inter parcel connections where
possible to mitigate transportation impacts to the full commercial intersections
identified on the proffered GDP.
12. The Applicant submits that it will apply for all such public assistance mechanisms
that are available at the time of development to facilitate the installation of the
aforementioned transportation/infrastructure improvements. Those mechanisms
include, but are not limited to, matching funds, industrial access funds and/or any
other transportation/infrastructure funding vehicles, such as CDAs. Without
binding any future legislative act, the Applicant and the Frederick County Board
of Supervisors agree that the use of said mechanisms are advantageous to the
development of the Property and the use of same should be encouraged and that
both parties will cooperate with one another to implement the appropriate
mechanism or combination of mechanisms to ensure rapid installation of the
aforementioned improvements.
E. Fire and Rescue Monetary Contribution
1. The Graystone Office and Industrial Park has been demonstrated to provide a
positive economic impact to Frederick County services by the Frederick County
Development Impact Model. However, the Applicant intends to further support
fire and rescue services through the provision of a monetary contribution in the
amount of $0.05 per square foot of structural development for all land uses within
the Property. This monetary contribution shall be provided to Frederick County
for fire and rescue purposes prior to the issuance of a certificate of occupancy
permit for each building permit issued within the Property.
File #2760GC Rezoning Proffer Statement
Greenway Engineering
1
August 24, 2009 1
Revised September 23, 2009
Revised October 9, 2009
F. Signatures Graystone Corporation of Virginia
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully Submitted:
By:
onaco S7rncke PfQS;igt -I
Commonwealth of Virginia,
.city /County "/9��Itd /County of e To Wit:
The foregoing instrument was ac k nowledged before me this G� day of 0e /Mot
2069 by I Lo/oa /c/SioA� lie
My Commission Expires /39 207,2—
Date: D(,f Cy
Nota
SUSAN D. STAHL
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #290874
My Commission Expires April 30
File #2760GC Rezoning Proffer Statement
7
JOB NO. 2760GC
DESIGNED BY: WRS
SCALE: 1" 900'
DATE: 10/09/09
GENERALIZED DEVELOPMENT PLAN
GRAYSTONE CORPORATION OF VIRGINIA
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VA
GREENWAY ENGINEERING,
151 Windy Hill Lane
Winchester, Virginia 22602
Telephone: (540) 662 -4185
FAX: (540) 722 9528
www.greenwayeng.com
Engineers, Surveyors
En Services
Fooununddeed d in n Environmental 1971
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