HomeMy WebLinkAbout06-04 Proffer Statement (2)Greenway Engin Ving
Prelimimry Matters
Overlay District
155.21 acres of IA, Interstate Area Overlay District
A.) Maximum Building Structure Square Feet
April 5, 2004 Rutherford, LLC Rezoning
RUTHERFORD'S FARM INDUSTRIAL PARK
REZONING
Tax Parcels 43 -A -96, 43 -A -97, 43 -A -98, 43 -A -99, 43 -A -100
43 -A -101 43 -A -111
Stonewall Magisterial District
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 DC0
for the rezoning of Tax Parcel 43- A -10I, consisting of 0.75 acres, from RA, Rural Areas
District to B2, Business General District, and to reconfigure the current Ml, Light
Industrial District, B3, Industrial Transition District and B2, Business General District
zoning boundaries for the remainder of the acreage to establish the following:
Zoning Districts
104.12 acres of Ml, Light Industrial Di aria
22.45 acres of B3, Industrial Transition District
28.64 acres of B2, Business General 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withdrawn and have no effect whatsoever.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 subject property is comprised of several Tax Parcels, and is more particularly
described as the lands owned by Rutherford, LLC being all or part of Tax Map Parcels
43 -A -96, 43 -A -97, 43 -A -98, 43 -A -99, 43- A -I00, 43 -A -101 and 43 -A -111.
The applicants hereby proffer to limit the total buildingstructures to 1,400,000 square
feet for the entire 155.21 acres.
Greenway Engint. •ring
B.) Prohibited Uses
The following uses shall not be permitted on the proposed Industrial Park:
Description Sic
Truck Stop 5541
(Excluding Truck Stops, all other uses within SIC Code 5541 are hereby
acceptable and included)
C.) Transportation
1.) Traffic Signalization
a.) A traffic signal will be installed by the applicants when warranted by the
Virginia Department of Transportation at the intersection of the proposed
Industrial Park entrance and the unnamed Comprehensive Plan collector road
in the configuration and design as approved by VDOT. The applicants shall
enter into and execute a signalization agreement prior to the first site plan
approval of said Industrial Park.
b.) A traffic signal will be install& by the applicants when warranted by VDOT
at the southbound ramps of the 317 interchange and U.S. Route 11 in the
configuration and design as approved by VDOT. The applicants shall enter
into and execute a signalization agreement prior to the first site plan approval
of said Industrial Park.
2.) Intersection Improvements
April 5, 2004
Rutherford, LLC Rezoning
Intersection improvements at the proposed two entrances will be installed and
paid for by the applicants. The existing multi-lane system on U.S. Route 11 will
be extended north to the intersection of' the proposed County Comprehensive Plan
Collector Road. All left and right turn lanes and pavement transitions north and
south of proposed County Comprehensive Plan Collector Road on U.S. Route 11
will be install& and paid for by the applicants. The improvements shall be
completed within one year of the first site plan approval and prior to the second
site plan approval for the Rutherford's Farm Industrial Park. If all or part of the
intersection improvements are required for the first site plan of the Rutherford's
Farm Industrial Park, they shall be made part of and constructed with this first site
plan.
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3.) Right of Way Dedication
April 5, 2004
Rutherford, LLC Rezoning
a.) The applicants hereby agree to dedicate right of way to the Commonwealth of
Virginia along U.S. Route 11 adjacent to the property as determined by
VDOT. This right of way dedication shall be recorded prior to the approval of
the U.S. Route 11 construction plans prepared for the Rutherford's Farm
Industrial Park as noted in Proffer C2 (Intersection Improvements) and Proffer
C5 (Route 11 and Northbound I -81 Ramp Improvements).
b.) The applicants hereby agrees to dedicate right of way to the Commonwealth
of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study
VDOT Project No. 0081- 968 -F11, PE -100 MP 305 to West Virginia State
Line Frederick County, dated November 1998 (specifically noted on Sheet 24
of said study). The right of way dedication shall be recorded prior to the
master development plan approval for Rutherford's Farm Industrial Park.
4.) Comprehensive Plan Road Construction
The applicants hereby agrees to coordinate, set aside right of way, and construct
the portion of the major collector road traversing on the land herein to be rezoned
and developed and as outlined in the Frederick County Comprehensive Plan
Northeast Land Use Study adopted by the Frederick County Board of Supervisors
on September 27, 2000.
Said collector road will be incorporated in and constructed with each site plan
submission that is adjacent to or part of the site plan.
5.) Route 11 and Northbound I -81 Ramp Improvements
The applicants will construct a third southbound lane on US Route 11 from the
northern most entrance of the applicants' property to the northbound I -81 ramp of
Exit 317. These improvements will include a 12' wide lane of approximately 600
linear feet in length to serve as a continuous right turn lane for the northbound
entrance ramp of the Exit 317 interchange. Additionally, the applicants will
construct turning radius improvements at the entrance ramp to ensure a smooth
transition. The improvements shall be completed within one year of the first site
plan approval and prior to the second site plan approval for the Rutherford's Farm
Industrial Park. If all or part of the intersection improvements are required for the
first site plan of the Rutherford's Farm Industrial Park, they shall be made part of
and constructed with this first site plan.
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D.) Historic Resource
1.) Interpretative Signs
April 5, 2004 Rutherford, LLC Rezoning
The applicants hereby proffer to provide an interpretive area in the location of the
old Rutherford's Farm House along U.S. Route 11 and more particularly at the
location of the old concrete steps that now remain. An easement of sufficient size
will be provided for a pull -off area and viewing. Three interpretative plaques will
be provided. They are as follows:
The Second Battle of Winchester
The Battle of Rutherford's Farm
The Rutherford's Farm House
The interpretative plaques will contain language and pictures acceptable to the
Frederick County Historic Resources Advisory Board.
All work performed for the pull -off area will meet the minimum standards of
Virginia Department of Transportation and Frederick County Ordinances in
respect to Highway pull -off and safety. Ground maintenance of the interpretative
area will be performed by the Rutherford's Farm Industrial Park Association
under a separate continuous approved permit issued by VDOT.
2.) Landscaping
A transitional landscape buffer will be provided along U.S. Route 11 from
Interstate 81 traveling north to the Comprehensive Plan collector road and
transmission power line easement. This landscape easement will be 15' in width
and will consist of a low earthen mound of 2 -3' in height with plantings of ground
covers, flowers, and grasses. Indigenous trees such as redbud, oaks, cedars, etc.
will be incorporated along said landscape easement in a cluster mass fashion to
provide a naturally planted look. The maintenance of said landscape buffer will be
the responsibility of the Rutherford's Farm Industrial Park Association and will be
installed with the first commercial development adjacent to said easement.
3.) Industrial Park Name
The applicant hereby proffers the naming of the Industrial Park to:
"Rutherford's Farm Industrial Park"
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E.) Lighting
April 5, 2004 Rutherford, LLC Rezoning
Building mounted lights and pole- mounted lights will be of a downcast nature and
shielded and directed away from adjacent properties surrounding the proposed
project. Lighting plans will be submitted as a separate attachment for review and
approval by the Frederick County Plannirg Department prior to installation.
F.) Signage
1.) Within the M1 (Light Industrial) Zoning District, the applicants hereby proffer
that all freestanding business signs shall be monument -style not to exceed 12' in
height.
2.) Within the IA (Interstate Area Overlay) Zoning District, the applicants hereby
proffer to limit the total numbe of signs to three
G.) Recycling Proffer
Recyclirg programs will be implemerted with each Industrial Park user to ensure
appropriate waste reduction, disposal, and recycling of any waste or byproduct
material. This program will be reviewed and approved by the Frederick County
Recycling Coordinator prior to final occupancy permit.
H.) Monetary Contribution to Offset Impact of Development
The undersigned owners of the above described property hereby voluntarily proffer
that in the event rezoning application is approved, and the property is
subsequently developed within any of the B2, B3, and Mi zones, the undersigned will
pay to the Treasurer of Frederick County, Virginia the following amount:
10 000 for Frederick County Fire and Rescue
This payment is intended to offset the additional cost to Frederick County due to an
increased demand on public services and will be paid at the time of the first site plan
submission
I.) Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the applicant and owner. 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.
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Greenway Engilic ring
Respectfully Submitted:
therford, LLC
Commonwealth of Virginia,
City /County of
My CommissionExpires
April5,2004
To Wit:
The foregoing instrument was acknowledged before me this day of l 4)
:i?oe'
-2004 by Uhn W. 5 C -k at
6
s -0
Date
Ntary Public
31 200(
Rutherford, LLC Rezoning
e$. ;3e
File #2795J /EAW
Proffer Statement
AMENDMENT
Action:
PLANNING COMMISSION: June 2, 2004 Recommended Approval
BOARD OF SUPERVISORS: July 14. 2004 APPROVED DENIED
WHEREAS, Rezoning #06 -04 of Rutherford, LLC, submitted by Greenway Engineering, to rezone
13.4 acres from the RA (Rural Areas); B2 (Business General); B3 (Industrial Transition); and, MI
(Light Industrial) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts. The
subject acreage is located within the northeast quadrant of the Interstate 81 interchange area, which is
north and adjacent to Martinsburg Pike (Route 11 North), and east and adjacent to Interstate 81, and is
identified by Property Identification Number(s) 43 -A -96, 43 -A -97, 43 -A -98, 43 -A -99, 43 -A -100, 43 -A-
101, and 43-A-111 in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on June 2, 2004; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 14, 2004; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
change 13.4 acres from the RA (Rural Areas); B2 (Business General); B3 (Industrial Transition); and,
M1 (Light Industrial) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts,
as described by the application and plat submitted, subject to the attached conditions voluntarily
proffered in writing by the applicant and the property owner.
PDRes #09 -04
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #06 -04 OF RUTHERFORD, LLC
PDRes. #09 -04
This ordinance shall be in effect on the date of adoption.
Passed this 14` day of January, 2004 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Ave
Gina A. Forrester Aye Gary Dove Aye
W. Harrington Smith, Jr. A y e Bill M. Ewing Aye
Lynda J. Tyler A ye
A COPY ATTEST
AV
John iley, Jr.
Frederick County Administrator