HomeMy WebLinkAbout05-12 Comments & CorrespondenceMarian B. Harders, AICP, LEED AP
Planner
(703) 680 -4664 Ext.5121
m h and e r s Q. p w. t h el an d l awye r s. e o m
Via Federal Express
John Bishop
Frederick County Planning
107 North Kent Street
Winchester, Virginia 22601
E1111011
WALSH COLUCCI
LUBELEY EMRICH
& WALSH PC
May 21, 2012
Transportation
Re: Proffer Amendment Application, BPG Properties, Ltd.
"Fax Maps: 33 -A -109 & 33 -A -110
Dear Mr. Bishop:
MAY 2 2 2412
Fr-jr -RIL'K
PI A!! ^qtr,
In connection with the above, enclosed please find one (1) fully executed copy of the
Proffer Statement dated May 18, 2012 and one blackline copy identifying the changes
recommended by the Planning Commission. Please let me know if you have any questions or
need additional information.
Thank you.
MBH
Enclosures: As stated.
cc: John Knott (with enclosures)
John Foote (w /out enclosures)
P0275418.DOCx
Sincerely,
WALSH, COLUCCI, LUBELEY,
EMRICH & WALSH, P.C.
i
Marian B. Harders, AICP, LEED AP
PnoNE 7o3 680 4664 I TAX 703 68o bo67 I W W W.rnLI.ANDLAI%, [ [(S.COM
4310 YIUNCL WILLIAM PARKWAY, SU1 IF, 300 I VRINCI, WILLIAM, VA 2211)2
ARLINGTON OVVICE: 703 528 4700 I LOUVOUN OxPler: 703 737;16;;
ATTORNEYS AT LAIV
• 0
AMENDED PROFFER STATEMENT
REZONING: Proffer Amendment # —amending PFBff-ers assei-
cated with ltZ #05-4905-12
Amendin proffers associated with RZ #05 -08. Rezoning to B -3
PROPERTY: ±59 Acres, Tax Map Parcel No.'s 33 -A -109; 33 -A -110
RECORD OWNER: Frederick County Investors, LLC
APPLICANT: BPG Properties, Ltd.
PROJECT NAME: I -81 Distribution Center
DATE OF APPROVAL OF ORIGINAL PROFFERS: September 24, 2008
AMENDED PROFFER SUBMISSION: A}3i-i } 9May 18, 2012
The undersigned hereby proffers that the use and development of the subject property
( "Property "), as described above, shall be in strict conformance with the following conditions,
which shall supersede all other proffers that may have been made prior hereto. In the event that
the above referenced rezoning is not granted as applied for by the applicant ( "Applicant "), these
proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are con-
tingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last day upon which the Frederick County Board of Super-
visors' (the "Board ") decision granting the rezoning may be contested in the appropriate court.
The headings of the proffers set forth below have been prepared for convenience of ref-
erence only and shall not control or affect the meaning or be taken as an interpretation of any
provision of the proffers. The term "Applicant" as referenced herein shall include within its
meaning all present and future owners and successors in interest.
The development of the Property shall be in general conformance with the plan entitled
"BPG Properties, Ltd., Frederick County, Virginia, Generalized Development Plan" dated Feb-
ruary 9, 2012 (the "GDP "), prepared by Triad Engineering, Inc., subject to reasonable changes
approved by the County in connection with Master Development Plan and Final Site Plan re-
view, including revisions required for final engineering considerations, code and regulatory
compliance, and revisions to parking layout and the location of structures to accommodate the
potential for multiple buildings on the Property.
The Applicant hereby proffers the following:
Land Use Restrictions.
1.1. The Property shall be developed with not more than seven hundred fifty thousand
(750,000) square feet of permitted uses, as those uses are modified hereby, which
750,000 square feet and permitted uses shall be located entirely within one build-
ing or within multiple buildings on the Property.
P0275131.DOCX
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1.2. Office uses may be employed on the Property only as accessory uses and shall be
located entirely within the structure(s) for the primary use(s). In no event shall
there be stand -alone office buildings on the Property.
1.3. The Applicant shall employ the yard and setback requirements for uses as provided
in the Ml District, rather than those otherwise applicable to the B3 District.
2. Proffered -Out Uses. The following uses shall not be permitted on the Property.
2.1 Transportation By Air and all Uses Classified as SIC 45
2.2 Transportation Services, and all Uses Classified as SIC 47
2.3 Automotive Dealers and Gasoline Service Stations and all Uses Classified as SIC
55
2.4 Restaurant, except food services as may be provided to service employees on site
2.5 Amusement and recreation services operated indoors
2.6 Drive -in motion picture theaters
2.7 Local and suburban transit and interurban highway passenger transportation
2.8 Outdoor ad services
2.9 Automobile recovery service
2.10 Automotive repair, services and parking
2.11 Automobile repossession service
2.12 Product sterilization service
2.13 Repossession service
2.14 Building materials, hardware, garden supply, mobile home dealers and retail nurse-
ries, provided that this proffer does not exclude from the Property warehouse facil-
ities that store and distribute goods associated with these uses.
2.15 Food stores or groceries.
3. Transportation Mitigation.
3.1. At the entrance to the Property, the Applicant will construct entrance improve-
ments consistent with Virginia Department of Transportation (VDOT) require-
ments.
3.2. There shall be no more than two entrances to the Property. The first such en-
trance shall be constructed along Route 1 I in the general location identified on the
GDP as the "Initial Entrance," which shall be separated at least 700' from the in-
tersection of Branson Spring Road and Route 11, unless otherwise approved by
Frederick County and VDOT. The second such entrance (the "South Entrance ")
shall be located at the south end of the Property as depicted on the GDP
3.3. The Initial Entrance shall be closed by the Applicant, at its expense, within thirty
(30) days after all of the following conditions have been met: i) an entrance to the
Property has been constructed by others in the general location identified on the
GDP as "Future Entrance" and ii) a right turn and deceleration lane meeting
VDOT requirements has been constructed by others into the Future Entrance.
The Applicant shall grant any necessary construction, grading and access ease-
P0275131.DOCX
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ments over the Property necessary for the construction of the Future Entrance and
an associated right turn lane into such Entrance, provided that the Applicant ex-
pressly approves of the plans for improvements associated with the Future En-
trance, such approval not to be unreasonably withheld.
3.4. At such time as the Future Entrance is constructed as provided herein, the Appli-
cant shall close the Initial Entrance and shall pay fifty (50) percent of the total au-
dited costs incurred in constructing the Future Entrance to VDOT standards,
which may include sighalization thereof, such payment not to exceed
$125,000.00. The "not to exceed" value of $125,000.00 is subject to the Escalator
Clause set forth below and represents the Applicant's estimate of fifty (50) per-
cent of the total costs of replacing the Initial Entrance and constructing a right
turn lane deceleration lane and traffic signal at the Future Entrance's intersection
with Route 11. The payment required by this Proffer 3.4 shall be used exclusively
for costs associated with improvements necessary for the issuance of a VDOT en-
trance permit for the Future Entrance and shall be made to the party designated by
the Zoning Administrator for the construction of the Future Entrance upon written
demand of the Zoning Administrator and within thirty (30) days after the follow-
ing conditions have been met: i) the Future Entrance is opened for public use,
though not accepted into the State System of Secondary Highways, and ii) the
party responsible therefor provides the Zoning Administrator satisfactory proof of
its audited costs.
3.5. The Applicant shall grant an access easement over the Property to and for the
benefit of the adjoining pareel arp eels to the north and south of the Property to ac-
commodate access to the Future Entrance and to the South Entrance.
3.6. The Applicant shall enter into a signalization agreement for the Initial Entrance
with VDOT as a condition of final site plan approval.
3.7. The Applicant shall dedicate right -of -way along the Property's Route 11 frontage
that is ten (10) feet wide from the existing edge of right -of -way. Such dedication
shall be made prior to the approval of the first site plan for development of the
Property. The Applicant shall construct a ten (10) foot wide asphalt trail outside
of but adjacent to said right -of -way, and dedicate an easement to the County for
public purposes for such trail, drainage and grading improvements upon written
request by the County. The maintenance of the asphalt trial shall be the responsi-
bility of the owner of the Property or a property owners association created for
such purpose, unless and until the County affirmatively assumes maintenance of
the trail in writing.
3.8. The Applicant will contribute to Frederick County the sum of Five Hundred Fifty
Thousand and 00 /100 Dollars ($550,000.00) subject to the escalation clause con-
tained in these Proffers, to be used for improvements in the Route l 1 north corri-
dor. Such payment shall be made at the time of issuance of each building permit
for a use on the Property, and each such payment shall be in proportion to the
square footage of the proposed construction bears to the 750,000 square feet of
P0275131. DOCX
0
building authorized hereunder. Such funds may be used by the Board in its dis-
cretion for such transportation improvements.
4. Fire and Rescue.
The Applicant shall contribute the sum of Ten Thousand Dollars ($10,000.00) to Freder-
ick County at the time of issuance of the first building permit for the Property, for use by the
Board in its discretion, for fire and rescue purposes.
5. Site landscaping.
5.1. The Applicant shall provide a landscape strip within the area between the asphalt
trail identified in Proffer 3.7 and the parking area identified on the GDP that is a
minimum of ten (10) feet in width (the "Route 11 Buffer ")., The Route 11 Buffer
shall be comprised of three street trees (per Zoning Ordinance §165-36.B.1, or
equivalent) per one hundred linear feet, and twenty -five shrubs per one hundred
linear feet. These plantings shall be in addition to those required by the County's
buffering and screening requirements. If no berm or hedgerow along the Route
11 frontage is otherwise required, the Applicant agrees to install a three foot berm
or hedgerow along the Route 11 frontage within the Route 11 Buffer.
5.2 The Applicant shall plant street trees (per Zoning Ordinance §165 - 36.13.1, or
equivalent) in the area between the rear parking area the Property's western prop-
erty line at a rate of no fewer than one tree per forty (40') linear feet.
6. Architectural.
Facing materials of buildings facing Route 11 and Interstate 81 shall be primarily of con-
crete masonry unit, brick, architectural block, Dryvit or other simulated stucco, or real or simu-
lated wood or glass.
7. Site development requirements.
7.1. All utilities will be underground.
7.2. Stormwater management facilities will be maintained by the Applicant.
7.3. Prior to the issuance of an occupancy permit for a building on the Property, the
Applicant shall construct a split rail fence no more than five feet in height along
the Property's Route 11 frontage in a location to be determined by the Applicant
in consultation with the Comity.
8. Deed.
The Applicant proffers and agrees that any deed conveying the Property shall affix as an
attachment and incorporation into said deed, a full copy of these proffers in order to fully advise
any subsequent purchaser of these proffered terms and conditions.
P027513 I.DOCX
0
9. Dedication of Right —of -Way for Branson Spring Road Extension.
Upon VDOT's approval of a functional plan for the extension of Branson Spring Road
through the Property in a location generally consistent with the current termination point of that
Road and parallel to the northern property line of the Property (the "Branson Spring Road Ex-
tension'), the Applicant shall, upon written request from the County or VDOT, dedicate not
more than 100 feet of right -of -way from that property line to the County at no cost. No addi-
tional landscaping, buffering or setbacks shall be required of the Applicant as a consequence of
such dedication.
10. Escalator.
In the event the monetary contributions set forth in the Proffer Statement are paid to
Frederick County within eighteen (18) months of the approval of this rezoning, as applied for by
the Applicant; said contributions shall be in the amounts as stated herein. Any monetary contri-
butions set forth in this Proffer Statement which are paid to the County after eighteen (18)
months following the approval of this rezoning shall be adjusted in accordance with the Urban
Consumer Price Index ( "CPI -U ") published by the United States Department of Labor, such that
at the time contributions are paid they shall be adjusted by the percentage change in the CPI -U
from that date eighteen (18) months after the approval of this rezoning to the most recently avail-
able CPI -U to the date the contributions are paid, subject to a cap of 6 percent (6 %) per year,
noncompounded.
[SIGNATURES AND NOTARIES APPEAR ON FOLLOWING PAGES]
P0275131.DOCX
P
Owner:
FREDERICK COUNTY INVESTORS, LLC
By:
Name: Daniel M. DiLella, Jr.
Its:
STATE OF
COUNTY /CITY OF To -wit:
0
The foregoing instrument was acknowledged before me this _ day of
, 2012, by Daniel M. DiLella, Jr., as of Fred-
erick County Investors, LLC.
NOTARY PUBLIC
My commission expires:
Registration Number:
P0275131.DOCX
Applicant:
BPG PROPERTIES, LTD.
By: BPG -GP, LLC, its General Partner
By:
Name
Its:
Daniel M. DiLella, Jr.
Vice President
STATE OF
COUNTY /CITY OF
To -wit:
The foregoing instrument was acknowledged before me this _ day of
' 2012, by Daniel M. DiLella, Jr., as Vice President of
BPG -GP; LLC, General Partner of BPG Properties, Ltd.
NOTARY PUBLIC
My commission expires:
Registration Number:
P0275131 DOCX
WALSH COLUCCI
LUBELEY EMRICH
& WALSH PC
Marian B. I larders. AICP, LEER AP
Planner
(703) 680 -4664 Ext.5121
mharders n pw.thelandlawyers.com
April 17 2012
Vin Federal Express
John Bishop
Frederick County Planning - Transportation
107 North Kent Street
Winchester, Virginia 22601
0
Re: Proffer Amendment Application, BPG Properties, Ltd.
Tax Maps: 33 -A -109 & 33 -A -110
Dear Mr. Bishop:
APR 1 8 2012
ti—K WUi
In connection with the above, enclosed please find one (1) fully executed copy of the
Proffer Statement dated April 9, 2012. Please let me know if you have any questions or need
additional information.
Thank you.
I8 C
Enclosures: As stated.
cc: John Knott (with enclosures)
John Foote (w /out enclosures)
P0270137. DOCx
Sincerely,
WALSH, COLUCCI, LUBELEY,
EM/RIIC H & WALSH, P.C.
/
� v �IT/Z--
Marian B. Harders, AICP, LEED All
PIIONE 703 680 4664 1 FAX 703 680 6067 1 w W W. l'11 CLAN DLAW'1 FIt S.COM
4.110 PIIINCF. 1V ILLIAM I'A KX%V AY, SU ITr. JOO I PIIINCF. IV I LI, I AM, VA 22192
ARLINGTON OFFICE 703 W8 4700 1 LOUDOUN OFFICE 703 737 .j6, j
Al'TORNEI'S AT LAW
•
�1I1�
WALSH COLUCCI
LUBELEY EMRICH
& WALSH PC
Marian 13. 1larders, AICP, LEND AP
Planner
(703) 680 -4664 L'xt. 5 121
mharders ng pw.thelandlawyersxom
April 9 2012
Via Federal Express
Mark Cheran
Frederick County
Department of Planning & Development
107 North Kent Street
Winchester, Virginia 22601
Re: Proffer Amendment Application, BPG Properties, Ltd.
Tax Maps: 33 -A -109 & 33 -A -110
Dear Mr. Cheran:
i -�• lS 1 1
APR 1 0 2012
m
In connection with the above - referenced matter, enclosed for your review and comment
are the following application materials:
1. One fully executed copy of the application form.
2. One fully executed copy of the Special Limited Power of Attorney form.
3. A check in the amount of $1,000.00, made payable to Treasurer of Frederick County,
for the filing fee.
4. One copy of the Deed to the property.
5. One copy of the current Frederick County real estate tax summary sheets, verifying
taxes paid for Tax Maps 33 -A -109 & 33 -A -110.
6. One copy of the Adjoining Property Owners list.
7. One copy of the Narrative Statement, dated February 27, 2012.
8. One clean and one blackline copy of the Amended Proffer Statement, dated April 9,
2012. Please note a fully executed copy of the Proffer Statement will be provided to
you prior to the Planning Commission meeting.
9. Completed agency comment sheets from the following reviewing agencies:
a. Virginia Department of Transportation, dated April 4, 2012, signed by Lloyd A.
Ingram.
PHONE 7o3 680 4664 1 rAx 703 680 6067 r W'%W. lit. LANDI. AWN IIts.COM
4310 "ION CF. %V I I, I.I AM PARKWAY, SU I'IL. 3O0 I PIt INCh WILLIAM, VA 22,192
ARLING'T'ON ONDICrI 703 528 4700 1 I,OUDOUN OPFICL. 703 737 3633
ATTORNEYS AT LAW
Mark Cheran •
April 9, 2012
Page 2
b. Frederick County Fire Marshal, dated March 30, 2012, signed by S. Mark
Showers.
10. One 11 x 17 copy of the ALTA /ACSM Survey of the Property, last revised
November 14, 2008; including a vicinity /location map.
11. One full size copy of the Generalized Development Plan, prepared by Triad
Engineering, Inc., dated February 9, 2012.
It is our understanding this Proffer Amendment request will be processed
administratively, pursuant to Section 165- 102.06 of the Zoning Ordinance. The enclosed
submission material was prepared under the guidance of County Staff and with the support of
specified review agencies (see above). Once you have had chance to review the material, please
contact my office immediately should you have questions or require additional information
(703.680.4664).
Sincerely,
WALSH, COLUCCI, LUBELEY,
EMRICH & WALSH, P.C.
�_
Marian B. Harders, AICP, LEED AP
MBH
Enclosures: As stated.
cc: John Knott (with enclosures)
John Foote(w /out enclosures)
P0269128.DOCX
/
PROJECT LOCATION ALTA /ACSM SURVEY
FREDERICK COUNTY!�S T�
on the Property of
T
ROBIN HULL &
KAY MARIE MORRISON
STONEWALL MAGISTERIAL DISTRICT
{' FREDERICK COUNTY; VIRGINIA
TRIAD PROJECT NUMBER 07 -06 -0072
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/
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_
POINT OF y rotes surkeyor S
GENERAL NOTES: Poe POINT of BECwNINC in my professional opinion, as a Iona .aneyar regatered in me style of
AT POINT Virginia, the Relative Positional Accuracy or this survey does not exceed
FLOW RIGHT-OF- AY Hal which is specified therein ENGINEERING, I N C
CURRENT OWNER: ROBIN HULL k KAY MARIE MORRISON - IRON ROD /PIPE FOUND .
REF WE (030000235 U/G UNDERGROUND _ VIRGINA HIGHWAY YEMLFH ry.` NrV4'W.t, l']dU en�.C:O77]
U/P UTILITY POLE
TM 33 ((A)) PRC6 I09 k 117 VXC NRGINA HIGHWAY COMM5510N FOUND SIGN MONUMENT t i� hpO
A TILE COMMITMENT HAS BEEN PRLYIOED BY UWYERS TITLE INSURANCE David E S p499. S 200 Aviation Drive
COMPANY, COMMRYFM NO. 06- 001962. RPASION j1 /COMYERCA1- CONNECTION MvID F 4FIOS
NO. 11447920 EFFECTIVE p TE OCTOBER 14, 2006. THEREFORE, THIS PUT VA License No 1853 LIT[. b. tlllr] P.O. Be. 2397
MAY NOT REPRESENT ALL ENCUMBRANCES TO THE PROPERM1 MOM
OCTOBER 14. 2008. L Winchester, VA 22604
'AD R
THE PROPERTY SHOWN HEREON AND DESCRIBED IN THIS SURVEY 6 THE SAME r PhovC: 540 - 667 -9600
PROPERTY DESCRIBED BT LAWYERS TITLE INSURANCE COMPANY, COMMITMENT
NO. OB- 001962. REVISION /1 /COMMERCAL CONNECTION NO. 11442970 EFFECTNE November 3, 2006 Fax: 540 -667 -2260
DATE OCTOBER 14, 2008. Revised November 10. 2008
R
Revis<d November 14. 2008 F,- rr:dl: winchester®t,niarleng. nom
DOTAL AREA SURVEY � 59.0))0 ACS SHEET 1 M 3
I -B1 (LIMITED ACCESS - R/W VARIES)
DB 278/424
BII -24
c/L N.R.L. —_— — - _ —__ _ —_ —_ —_ _ —_ _ —_____ ___ _ —
WIRE
FENCE
N19'55'51 °E 2156_97_ (TOTAL)
RP --
----- � - - - -- I ' ' 1916.03' � 1
N/F
CHARLES W. &
JOLINE 5. ORNDOFF
577/694
FENCE
POST
^r�
Y
567'35'13 "E -
905.20' TO SET
STONE FND.—
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FENCE
(5) FENCE
POSTS
(2) FENCE
POSTS
TM 33 ((A)) FARM[ ]
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18'31'55" POSTS 40.1464 AC.± 3.IEO J
142.22'
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FOR DETA �,S SEE
REM INS
an Al SHEET 3 of 3
A
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(2) GUYS I N1294] SIGN 836.27'
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c/L No. va. N28'12'06 "W - -_ —_
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— — 245/30e TO SET STONE FND�
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LLRVE DELTA ANGLE ARC LENGTH R401U5 TANOENi CHORD OIREL➢ON LHORD LENGTH Drawing
Cl 07'03'33" 70H 5690.00 350.96 513'36'12 "W 70L.59 Number
C2 02'5Y 17" 285.15 5690.00 14260 518'3607 "W 215.11
2 of 3
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DB 229/424
BII -24
ROCK BET
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4.62'
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as —� GRAVEL D/w _ - _
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28 4e
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TM 33 ((A)) (2) 1,2- �I 614
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GRAVFI. 40.1464 'AC.±
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� AREA FLAGPOLE �I - W/ CHAIN
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BSE kW u \ i y61;,63 I
1
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li
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Number:
3 of 3
n.zo'
6 STEPS _
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I
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Number:
3 of 3