HomeMy WebLinkAbout05-12 ApplicationMRICK/W• Oµ
Department of Planning and Development
540/665 -5651
FAX: 540 /665 -6395
May 31, 2012
John Foote, Attorney at Law
Walsh Colucci Lubeley Emrich & Walsh, PC
4310 Prince William Parkway
Prince William, VA 22192
RE: REZONING 905 -12, BPG PROPERTIES
PINS: 33 -A -109 and 33 -A -110
Dear Mr. Foote:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of May 23, 2012. The above - referenced application was approved to revise proffers
associated with Rezoning #05 -08. This revision relates to the "Transportation Mitigation" section of
the proffers. The properties are located approximately .61 miles north of the Route 11 intersection
with Cedar Hill (Route 671), bounded on the west by Interstate 81 and on the east by Martinsburg
Pike (Route 11), in the Stonewall Magisterial District.
The proffer statement, originally dated September 24, 2008, and amended May 18, 2012, that was
approved as a part of this rezoning application is unique to the above referenced properties and is
binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your
records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the
Frederick County Clerk of Circuit Court for recordation.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
�1
John A. Bish ,
Deputy Director - ransportation
JAB /bad
Attachment
cc: Charles S. DeHaven, Jr., Stonewall District Supervisor
Gary Oates and Stan Crockett, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Rod Williams, County Attorney, w /original Proffers and Resolution
Frederick County Investors, LLC, 770 Township Line Rd., Ste. 150, Yardley, PA 19607
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
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Planning Commission:
Board of Supervisors:
REZONING APPLICATION #05 -12
BPG PROPERTIES
Staff Report for the Board of Supervisors
Prepared: May 17, 2012
Staff Contact: John A. Bishop, AICP, Deputy Director - Transportation
Reviewed
05/16/12
05/23/12
Action
Recommended Approval
Pending
SUMMARY OF PLANNING COMMISSION MEETING OF 05/16/12:
The Planning Commission recommended approval, with the condition that the property to the south
of the applicant's parcel be given an inter - parcel connection via the applicant's proffer statement.
The motion was seconded and unanimously passed.
PROPOSAL: To revise proffers associated with Rezoning 405 -08. This revision relates to the
"Transportation Mitigation" section of the proffers.
LOCATION: The properties are located approximately .61 miles north of the Route 11 intersection
with Cedar Hill (Route 671), bounded on the west by Interstate 81 and on the east by Martinsburg Pike
(Route 11).
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/23/12 BOARD OF
SUPERVISORS MEETING:
The applicant is requesting a minor proffer revision under the new State Code which allows Board
Action without benefit of public hearing.
The purpose of this application is to request a minor proffer revision to allow for the possibility of
multiple users on this site which was previously not envisioned. This revision to the proffers would
allow for a second entrance on Route 11 and a proration of the cash proffers to allow for proration
tied to square footage of development. The proposed entrance meets all current spacing standards.
Following the public meeting, a decision regarding this rezoning application by the Board of
Supervisors would be appropriate. The applicant should be prepared to adequately address all
concerns raised by the Board of Supervisors.
• •
Rezoning 405 -12 — BPG Properties
May 17, 2012
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Action
Recommended Approval
Pending
PROPOSAL: To revise proffers associated with Rezoning #05 -08. This revision relates to the
"Transportation Mitigation" section of the proffers.
LOCATION: The properties are located approximately .61 miles north of the Route 11 intersection
with Cedar Hill (Route 671), bounded on the west by Interstate 81 and on the east by Martinsburg Pike
(Route 11).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 33 -A -109 and 33 -A -110
PROPERTY ZONING: B3 (Industrial Business) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North:
Reviewed
Planning Commission:
05/16/12
Board of Supervisors:
05/23/12
Action
Recommended Approval
Pending
PROPOSAL: To revise proffers associated with Rezoning #05 -08. This revision relates to the
"Transportation Mitigation" section of the proffers.
LOCATION: The properties are located approximately .61 miles north of the Route 11 intersection
with Cedar Hill (Route 671), bounded on the west by Interstate 81 and on the east by Martinsburg Pike
(Route 11).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 33 -A -109 and 33 -A -110
PROPERTY ZONING: B3 (Industrial Business) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North:
RA (Rural Areas)
Use:
Residential /Agricultural
South:
RA (Rural Areas)
Use:
Residential /Agricultural
East:
RA (Rural Areas)
Use:
Residential /Agricultural
West:
RA (Rural Areas)
Use:
Residential /Agricultural
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this
property appears to have a measurable impact on Route 11. This route is the VDOT roadway which
has been considered as the access to the property referenced. VDOT is satisfied that the
transportation proffers offered in the BPG Properties, LTD Rezoning Application dated March,
2012 address transportation concerns associated with the request. Before development, this office
will require a complete set of construction plans detailing entrance designs, drainage features, and
traffic flow data for review. VDOT reserves the right to comment on all right -of -way needs,
including right -of -way dedications, and off -site roadway improvements and drainage. Any work
performed on the State's right -of -way must be covered under a land use permit. This permit is
issued by this office and requires an inspection fee and surety bond coverage.
Frederick County Fire Marshall: Plans approved.
0 •
Rezoning #05 -12 — PPG Properties
May 17, 2012
Page 3
County Attornev: No comment.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the
subject parcels as being zoned A -2 (Agricultural General). The County's agricultural
zoning districts were subsequently combined to form the RA (Rural Areas) District upon
adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989.
The corresponding revision of the zoning map resulted in the re- mapping of the subject
property and all other A -1 and A -2 zoned land to the RA District.
The Applicant previously attempted to rezone these properties in 2007. Rezoning
Application RZ #07 -07 was denied by the Board of Supervisors on September 12, 2007.
On 9/24/2008 the Board of Supervisors approved a rezoning of the subject property to B3.
2) Comprehensive Policv Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves
as the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick
County. [Comprehensive Policy Plan, p. I -1]
3) Proffer Statement —Dated April 9, 2012 —black line version attached.
A) Generalized Development Plan
Updated to show two entrances and attached.
B) Land Use
No Change
C) Site Design
No Change
D) Transportation
Updated to allow for two entrances and a proration of the cash proffers to coincide
with the square footage of the development.
E) Community Facilities
No Change
0 0
Rezoning #05 -12 — BPG Properties
May 17, 2012
Page 4
STAFF CONCLUSIONS FOR THE 05/23/12 BOARD OF SUPERVISORS MEETING:
The purpose of this application is to request a minor proffer revision to allow for the possibility of
multiple users on this site which was previously not envisioned. This revision to the proffers would
allow for a second entrance on Route 1 I and a proration of the cash proffers to allow for proration
tied to square footage of development. The proposed entrance meets all current spacing standards.
PLANNING COMMISSION SUMMARY & ACTION OF THE 05/16/12 MEETING:
The applicant stated a user of a portion of this property has been identified and that is why the
applicant is interested in separating the parcel with multiple entrances. Because of a confidentiality
agreement, the applicant could not identify the user; however, he did say it was a large
pharmaceutical distribution company.
Several issues were raised by Commission members. A member asked if both proposed entrances
would have right -turn lanes. The staff replied yes; a right -turn lane will also be constructed for the
relocated entrance for the property to the north, once it develops.
Referring to the applicant's $550,000 escalation proffer, which was based on the floor area
constructed, there was concern expressed that the applicant desired to pay only a portion of that
amount for a single user, instead of the full amount. The concern was if the applicant didn't build
the full 750,000 sq. ft., the county would not get the full $550,000. The applicant said this was
correct; their contention was if the full level of development was not reached, the same degree of
mitigation was not required. The applicant pointed out the escalator clause had already been
triggered, because they were 18 months past the original rezoning; the escalator amount was no
longer $550,000, but has now escalated to a greater amount.
An issue was raised concerning a two -to -three acre property immediately south of the applicant's
proposed entrance, which would be prohibited from getting an entrance onto Route 11 because the
applicant's entrance would be too close. It was noted the property to the south would not be able to
create an entrance because of access management standards. Commissioners preferred the applicant
create an inter - parcel connector so this property to the south would not be landlocked. The
applicant was agreeable to doing so.
There were no public comments, either in favor or opposition to the rezoning.
The Planning Commission recommended approval, with the condition that the property to the south
of the applicant's parcel be given an inter - parcel connection via the applicant's proffer statement.
The motion was seconded and unanimously passed.
(Note: Commissioners Mohn and Kenney were absent from the meeting.)
An action regarding this rezoning application would be appropriate. The applicant should be
prepared to adequately address all concerns raised by the Board of Supervisors.
® m i pnous[nar, ugn[urs[ncq
M2 (industrial, General District)
Oft MH1 (Mobile Home Community District)
4& MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
® R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
l
REZ # 05 - 12
BPG Prop. Proffer
Revisions
PINS:
33- A- 109,33 -A -110
0 75 150 300 Feet
I-- t- -I---i
Note:
Frederick County Dept of
Planning Development
107 N Ks
107 N Kent S}
Suite 202
Winchester, VA 22601
540 - 665 - 5651
Map Created: April 18, 2012
Staff: jbishop
0 0
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
7h br, cnmple(edhr l4anning.R[u /J: %'�
Fee Amounl l'tid $ O V ✓
/oninc�Aiu<nchiient Nu nbci; D auRcsuvul. Il
I'C'I Icai uto�D ni,a s �- r._ tI1n5�1 Ic a m�fD�ti.
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of the
Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant: gPG Properties, Ltd.
Name: c/o John Foote Telephone: 703.680.4664
Address:
c/o Walsh Colucci Lubeley Emrich & Walsh, PC
4310 Prince William Parkway, Prince William, VA 22192
2. Property Owner (if different than above):
Name: Frederick County Investors LLC
Address: 770 Township Line Road, Suite 150
Yardley,-P-A -19607
3. Contact person if other than above:
Telephone: 703.680.4664
Name: _John_Foote _ Telephone: 703.680.4664
4. Property Information:
a. Property Identification Numbcr(s): Tax maps 33 -A -109 and 33 -A -110
b. Total acreage to be rezoned: +/- 59 acres
C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being
d. Current zoning designation(s) and acreage(s) in each designation:
e. Proposed zoning designation(s) and acreage(s) in each designation:
f Magisterial District(s): Stonewall_Magisterial- District
12
0
0
S. Checklist: Check the following items that have been included with this application.
Agency Comments 0-
Location map
ZONING
Plat Pees
—_��
Deed to property Impact Analysis Statement
RA
Verification of taxes paid � Proffer Statement
_Commercial_
Plat depicting exact meets and bounds for the proposed zoning district
33 -A -87
Digital copies (pdf s) of all submitted documents, maps and exhibits
RA
6. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Frederick County Investors, LLC
BPG Properties, LTD
7. Adjoining Property:
PARCEL ID NUMBER
USE
ZONING
33 -A -108
Homesite
RA
33 -A -1056
_Commercial_
M1
33 -A -87
Homesite
RA
_33 -A_87B
Homesite_
RA
.33 7A-11 9
Homesite
—RA-
-3a--A7130—
Homesite_
RA
33- A -112F
Vacant Land
RA
8. Location: The property is located at (give exact location based on nearest road and distance from
nearest intersection, using road names and route numbers):
— Approximately -0.61 ± /_miles- north -of- the - Route -ll- intersection- withstate
route 671 (Cedar Hill). Bounded on the west by Interstate Route 81 and on the east by
Route 11 (Martinsburg Pike).
13
9.'Fhe following information should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes: N/A Townhome: _N/A_ Multi - Family: N/A
Non - Residential Lots: N/A Mobile Home: _N /A_ Hotel Rooms: —N /A_
10. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted most be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors public hearing and maintained so as to be visible from the road
right -of -way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s):)(_ _ _ Date: _j /ZU'IL
e M—S Date: II
01
ICE) P
Owner(s):
Date: 3I Z� I7v
Date:
SefliorVice Presivas',
U
Square Footage of Proposed Uses
Office:
N/A
Service Station:
N/A
Retail:
N/A
Manufacturing:
N/A
Restaurant:
—N /A
Warehouse:
750,000 sf
Commercial:
—N /q
Other:
N/A
10. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted most be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors public hearing and maintained so as to be visible from the road
right -of -way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s):)(_ _ _ Date: _j /ZU'IL
e M—S Date: II
01
ICE) P
Owner(s):
Date: 3I Z� I7v
Date:
SefliorVice Presivas',
U
0
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665 -5651 Facsimile (540) 665 -6395
Know All Men By These Presents: That 1 (We)
'' f`,3 ' t�yl° °Speeder of Frederick County Investors, LLC Phone 703.680.4664
(Name) sG c-;
r�;sl :,t
(Address) 770 Township Line Road, Suite 150, Yarley, PA 19607
the owners) of all those tracts or parcels of land ( "Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 080013305 _ on Page , 0089 _.. and is described as
Parcel: _Lot: _ Block: Section: ` Subdivision: 33((A))109 and 33((A))110 � —
do hereby make, constitute and appoint:
(Name) john Foote (Phone)�703.G80.4664 —.
(Address) 4310 Prince William Parkway, Suite 300, Prince William, VA 22192
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including: x Proffer Amendment
Rezoning (including proffers)
Conditional Use Permit
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
Variance or Appeal
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witne2thcreofC, w have hereto set my (our) hand and seal this day of . 20State of o nt of h%r�.l� . To -wit:
a Notary Public in and for the jurisdiction aforesaid,
certify that the persou(s) who signed to the foregoing instrument ersonally appeared before me and has
acknowledged the same before me in the jurisdiction aforesaid this„?» day of /1 y -,, 20Loi .
My Commission Expires: _____ql— �a�....:.
Notary Public
THOMAS, Notary Pub1¢
iladelohia. Phila. Cou*
REZONING APPLICATION #05 -12
BPG PROPERTIES
Staff Report for the Planning Commission
Prepared: April 30, 2012
Staff Contact: John A. Bishop, AICP, Deputy Director - Transportation
Reviewed Action
Planning Commission: 05/16/12 Pending
Board of Supervisors: 05/23/12 Pending
PROPOSAL: To revise proffers associated with Rezoning #05 -08. This revision relates to the
"Transportation Mitigation" section of the proffers.
LOCATION: The properties are located approximately. 61 miles north of the Route 11 intersection with
Cedar Hill (Route 671), bounded on the west by Interstate 81 and on the east by Martinsburg Pike (Route
11).
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/16/12 PLANNING
COMMISSION MEETING:
The applicant is requesting a minor proffer revision under the new state code which allows Board
Action without benefit of public hearing.
The purpose of this application is to request a minor proffer revision to allow for the possibility of
multiple users on this site which was previously not envisioned. This revision to the proffers would
allow for a second entrance on Route 11 and a proration of the cash proffers to allow for proration tied
to square footage of development. The proposed entrance meets all current spacing standards.
A recommendation regarding this rezoning application to the Board of Supervisors would be
appropriate The applicant should be prepared to adequately address all concerns raised by the
Planning Commission.
9 0
Rezoning #05 -12 — BPG Properties
April 30, 2012
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 05/16/12 Pending
Board of Supervisors: 05/23/12 Pending
PROPOSAL: To revise proffers associated with Rezoning 405 -08. This revision relates to the
"Transportation Mitigation" section of the proffers.
LOCATION: The properties are located approximately .61 miles north of the Route 1 1 intersection with
Cedar Hill (Route 671), bounded on the west by Interstate 81 and on the east by Martinsburg Pike (Route
11).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 33 -A -109 and 33 -A -110
PROPERTY ZONING: B3 (Industrial Business) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North:
RA (Rural Areas)
Use:
Residential /Agricultural
South:
RA (Rural Areas)
Use:
Residential /Agricultural
East:
RA (Rural Areas)
Use:
Residential /Agricultural
West:
RA (Rural Areas)
Use:
Residential /Agricultural
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have a measurable impact on Route 11. This route is the VDOT roadway which has been
considered as the access to the property referenced. VDOT is satisfied that the transportation proffers
offered in the BPG Properties, LTD Rezoning Application dated March, 2012 address transportation
concerns associated with the request. Before development, this office will require a complete set of
construction plans detailing entrance designs, drainage features, and traffic flow data for review.
VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, and
off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be
covered under a land use permit. This permit is issued by this office and requires an inspection fee and
surety bond coverage.
0 0
Rezoning #05 -12 — BPG Properties
April 30, 2012
Page 3
Frederick Countv Fire Marshall: Plans approved.
County Attorney: No comment.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject
parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning districts
were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re- mapping of the subject property and all other A- I
and A -2 zoned land to the RA District.
The Applicant previously attempted to rezone these properties in 2007. Rezoning Application
RZ #07 -07 was denied by the Board of Supervisors on September 12, 2007.
On 9/24/2008 the Board of Supervisors approved a rezoning of the subject property to 133.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
3) Proffer Statement —Dated April 9, 2012 —black line version attached.
A) Generalized Development Plan
Updated to show two entrances and attached.
B) Land Use
No Change
C) Site Design
No Change
D) Transportation
Updated to allow for two entrances and a proration of the cash proffers to coincide with
the square footage of the development.
E) Community Facilities
No Change
0 0
Rezoning 905 -12 — BPG Properties
April 30, 2012
Page 4
STAFF CONCLUSIONS FOR THE 05/16/12 PLANNING COMMISSION MEETING:
The purpose of this application is to request a minor proffer revision to allow for the possibility of
multiple users on this site which was previously not envisioned. This revision to the proffers would
allow for a second entrance on Route I I and a proration of the cash proffers to allow for proration tied
to square footage of development. The proposed entrance meets all current spacing standards.
A recommendation regarding this rezoning application to the Board of Supervisors would be
appropriate. The applicant should be prepared to adequately address all concerns raised by the
Planning Commission.