board of supervisors - plancomm.stafford.va.usplancomm.stafford.va.us/2015/04082015/item3.pdf7....

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1300 Courthouse Road, P. O. Box 339, Stafford, VA 22555‐0339 Phone: (540) 658.8600 Fax: (540) 658.7643 www.staffordcountyva.gov Board of Supervisors Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert “Bob” Thomas, Jr. Anthony J. Romanello, ICMA‐CM County Administrator April 8, 2015 MEMORANDUM TO: Stafford County Planning Commission FROM: J SUBJECT: RC15150576; Reclassification - Stafford 95 Business Center Proffer Amendment ATTACHMENTS: 1. Location Map 2. Application & Related Materials 3. Resolutions R15-54 and R15-89 4. Ordinance O92-09 5. Proffer Comparison Chart 6. Letter from Stafford Regional Airport dtd 2/11/15 7. Letter from M & T Bank dtd 3/26/15 8. Proposed Ordinance and Resolution ISSUE: Consider the request to amend proffered conditions on Assessor's Parcels 38-14B, 38-14F, 38-14G, 38- 14H, 38-34D, and 38-34E, zoned M-1, Light Industrial, by removing existing proffers. BACKGROUND: Location: East and west sides of Centreport Parkway, south of Ramoth Church Road Election District: Hartwood Parcel Size: 177.36 acres Applicant: Stafford County Board of Supervisors P. O. Box 339 Stafford, VA 22555 3

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Page 1: Board of Supervisors - plancomm.stafford.va.usplancomm.stafford.va.us/2015/04082015/Item3.pdf7. Letter from M & T Bank dtd 3/26/15 8. Proposed Ordinance and Resolution ISSUE: Consider

1300 Courthouse Road, P. O. Box 339, Stafford, VA 22555‐0339 Phone: (540) 658.8600 Fax: (540) 658.7643 www.staffordcountyva.gov

Board of Supervisors

Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert “Bob” Thomas, Jr.

Anthony J. Romanello, ICMA‐CM

County Administrator

April 8, 2015

MEMORANDUM TO: Stafford County Planning Commission

FROM: J

SUBJECT: RC15150576; Reclassification - Stafford 95 Business Center Proffer

Amendment

ATTACHMENTS:

1. Location Map

2. Application & Related Materials

3. Resolutions R15-54 and R15-89

4. Ordinance O92-09

5. Proffer Comparison Chart

6. Letter from Stafford Regional Airport dtd

2/11/15

7. Letter from M & T Bank dtd 3/26/15

8. Proposed Ordinance and Resolution

ISSUE:

Consider the request to amend proffered conditions on Assessor's Parcels 38-14B, 38-14F, 38-14G, 38-

14H, 38-34D, and 38-34E, zoned M-1, Light Industrial, by removing existing proffers.

BACKGROUND:

Location: East and west sides of Centreport Parkway, south of Ramoth Church Road

Election District: Hartwood

Parcel Size: 177.36 acres

Applicant: Stafford County Board of Supervisors

P. O. Box 339

Stafford, VA 22555

3

Page 2: Board of Supervisors - plancomm.stafford.va.usplancomm.stafford.va.us/2015/04082015/Item3.pdf7. Letter from M & T Bank dtd 3/26/15 8. Proposed Ordinance and Resolution ISSUE: Consider

Memorandum to: Stafford County Planning Commission April 8, 2015 Page 2 of 9 Property Owner: Chesapeake Holdings CSG, LLC (Parcels 38-14B, 14F, 14G, 14H, 34E) c/o M & T Bank 25 South Charles Street, 13th Floor Baltimore, MD 21201 1182 Ramoth Road, LLC 6832 Jerome Street Springfield, VA 22150 Agent: Anthony Romanello, County Administrator Stafford County Current Use: Undeveloped Proposed Use: Light Industrial/Commercial Application Date: March 17, 2015 Advertisement Dates: March 24, 2015 and March 31, 2015 Time Limit: July 7, 2015 Staff Project Manager: Kathy Baker Comprehensive Plan: Business and Industry (Future Land Use) Abutting Properties: Location Zoning Use Comprehensive Plan North A-2, Rural Residential and Residences and Business and Industry M-1, Light Industrial Airport South M-1, Light Industrial Airport Business and Industry A-1, Agricultural Residence Resource Protection East N/A I-95 Right-of-way Business and Industry West M-1, Light Industrial Undeveloped and Business and Industry A-1, Agricultural Residence Utilities: The property would be served by public water and sewer. An 18-inch water line is located

along Centreport Parkway. No public sewer line is currently available to the property. Roads: The property is located on the east and west sides of Centreport Parkway, and south side of

Ramoth Church Road. Centreport Parkway in this location is a 2-lane undivided facility with a posted speed limit of 50 miles per hour and estimated traffic volume of 320 vehicle trips per day according to Virginia Department of Transportation (VDOT) 2013 Daily

Page 3: Board of Supervisors - plancomm.stafford.va.usplancomm.stafford.va.us/2015/04082015/Item3.pdf7. Letter from M & T Bank dtd 3/26/15 8. Proposed Ordinance and Resolution ISSUE: Consider

Memorandum to: Stafford County Planning Commission April 8, 2015 Page 3 of 9

Traffic Volume Estimates. Ramoth Church Road is a 2-lane undivided with a posted speed limit of 40 miles per hour and estimated traffic volume of 1,900 vehicle trips per day.

Schools: There would be no change in the impacts to the County School system. Parks and Recreation: There would be no change in the impacts on the County Park system. Proffer Valuation: There is no change to the valuation of the current proffers. Noise Impacts: There would be no increase in noise generated from the proposed changes. Light Impacts: There would be no increased lighting impacts based on the proposed changes. Zoning History In 1989, the parcels were rezoned from A-1, Agricultural and M-2, Heavy industrial to M-1, Light Industrial. At the time of the initial rezoning, the property was planned to be the large development known as Centreport. The proffered conditions were crafted to include the entire development as a whole. In 1992, the property was divided into sections, and the proffered conditions were amended for each section. The conditions included regulations for protection of wetlands and floodplains; landscape requirements for development; road improvements including Centreport Parkway and the Centerport Interstate 95 (I-95) Interchange; and the dedication of land to the Stafford Regional Airport (Airport). The 1992 proffered conditions are included in Attachment 4.

Zoning Map Existing Conditions Parcel 14B is undeveloped, and contains a mix of deciduous and coniferous vegetation. A stormwater management pond partially lies along the western boundary. In addition, Reedy Branch, a tributary of Potomac Creek, follows the western boundary line. Critical Resource Protection Area (CRPA) associated with the stream is located along the southern boundary line, and along the frontage of Centreport Parkway. Parcel 14F is also undeveloped, and contains a mix of deciduous and coniferous vegetation. Potomac Creek follows the western boundary line. CRPA associated with Potomac Creek, the pond, and Reedy Branch is located along the western property line. Parcel 14G and 14H are undeveloped and contains a mix of open field and coniferous vegetation. Parcel 34D is the site of a contractor’s storage yard. There are no buildings on this parcel. The parcel is served by a gravel entrance from Ramoth Church Road, and the lot is graveled. A chain link fence surrounds the property.

Page 4: Board of Supervisors - plancomm.stafford.va.usplancomm.stafford.va.us/2015/04082015/Item3.pdf7. Letter from M & T Bank dtd 3/26/15 8. Proposed Ordinance and Resolution ISSUE: Consider

Memorandum to: Stafford County Planning Commission April 8, 2015 Page 4 of 9 Parcel 34E contains the current alignment of Centreport Parkway from the intersection of Ramoth Church Road approximately 450 feet to the south. This area has not been dedicated to public use for the road as it does not meet Virginia Department of Transportation (VDOT) design standards. The County is currently working on Centreport Parkway Phase 3 plans which would relocate the connection point to Ramoth Church Road further to the west. This parcel also provides paved access to Parcels 34A, 34B and 34C.

Existing Conditions COMMENTS: Since the time of rezoning and subsequent proffer amendment, Centreport Parkway and the Centreport I-95 Interchange (Exit 136) have been constructed. Additionally, Chesapeake Bay regulations were adopted protecting the wetlands and floodplains, land was dedicated to the Airport, and stringent stormwater management, among other standards, have been put in place in the County. Several years ago these properties went to foreclosure and are now bank owned, except for Parcel 34D. Economic Development staff has been working with current owners, and several prospects, to facilitate commercial investment and job creation, with 152 acres of the 177 acres now either under contract or in negotiations. The bank, though, is finding it difficult to sell the properties because current proffers are cumbersome and confusing. Therefore, the current owners would like to amend the proffered conditions to reflect the improvements and changes that have occurred. Staff believes the intent of the original proffers can clearly and more efficiently be met by simply holding each individual property and project to current ordinances and regulations, facilitating commercial development while adhering to stringent

Page 5: Board of Supervisors - plancomm.stafford.va.usplancomm.stafford.va.us/2015/04082015/Item3.pdf7. Letter from M & T Bank dtd 3/26/15 8. Proposed Ordinance and Resolution ISSUE: Consider

Memorandum to: Stafford County Planning Commission April 8, 2015 Page 5 of 9 measures already in place that ensure quality build out. The Board of Supervisors authorized the County Administrator to act as applicant for the proffer amendment application, pursuant to Resolutions R15-54 and R15-89 (Attachment 3). Proffers The existing proffers, pursuant to Ordinance O92-09 would require:

• Phased road improvements on Ramoth Church Road and Mountain View Road; • Dedication of right-of-way for the construction of a new spine road between Ramoth Church Road

and Mountain View Road, and an interchange road (now Centreport Parkway); • Reservation of open space; • Environmental studies be performed on existing water features on the property; • Upon County request, dedication of up to 60 acres of land for airport purposes (now part of the

Stafford Regional Airport); • Creation of architectural design guidelines to guide development of the property; • Submission of non-residential site plans to the Planning Commission for approval; and • The developer to abide by the offsite water and sewer pro rata share regulations.

A proffer comparison chart (attachment 5) has been created to show which of the existing proffers have already been satisfied, and which proffers are now subject to similar or more stringent standards under the current County or State codes. The chart also shows four existing proffers which are not specifically required by County codes, or have less stringent requirements. These include, under Proffer #7:

• Architectural design - Within 500 feet of I-95, east façade of building to be masonry. There is no current code requirement for building materials within 500 feet of I-95. The Neighborhood Development Standards Plan, an element of the Comprehensive Plan, provides guidance for development.

• Tree preservation - encourage preservation of trees and existing quality vegetation. There is no current code requirement for preservation of existing trees or vegetation; however, preservation of existing trees or vegetation may count toward buffer requirements as required by the Design and Construction Standards for Landscaping, Buffering and Screening (DCLS). Chesapeake Bay Act requirements specify preservation of vegetation in CRPAs.

• Site signage - uniform, high quality signage, coordinated with architecture of primary building.

Current code requirement includes height and size restrictions based on the type of sign proposed.

• Setbacks and buffers - minimum 75-foot setback from I-95; minimum 50-foot setback from Centreport Parkway; and preserve trees and vegetation between building or parking lot and rights-of-way

Current code requirement: minimum front yard setback 40 feet; and 60-foot wide buffer measured from I-95 right-of-way. Additional street buffers are required pursuant to the DCSL, at a minimum of 25 feet in width. Parking lot interior landscaping will also be required if there are more than 24 parking spaces, at a minimum of 5 feet in width.

Page 6: Board of Supervisors - plancomm.stafford.va.usplancomm.stafford.va.us/2015/04082015/Item3.pdf7. Letter from M & T Bank dtd 3/26/15 8. Proposed Ordinance and Resolution ISSUE: Consider

Memorandum to: Stafford County Planning Commission April 8, 2015 Page 6 of 9 EVALUATION: Intensity The proposal would not impact the site intensity. Each of the six parcels could be developed under the standards of the M-1 zoning district, which includes a maximum floor area ratio of 0.50, and a minimum open space requirement is 0.20. The maximum building height permitted is 65 feet. Transportation Impacts The proposal would not increase any impacts to the transportation system. The proffered conditions regarding construction of Centreport Parkway and the associated I-95 interchange have been satisfied. Proffer 1.A. also requires construction of road improvements at Ramoth Church Road and Centreport Parkway, including right and left turn lanes, and intersection improvements at the intersection of Route 1 and Ramoth Church/American Legion Road. This includes an area from the intersection of Centreport Parkway and Ramoth Church Road 0.09 miles west and 0.06 miles east along Ramoth Church Road, and 0.10 miles south along Centreport Parkway (see image below). The improvements at Centreport Parkway are included in VDOT’s Secondary Six Year Plan (SSYP). The funding has been previously allocated, and completion is anticipated in 2015.

Proposed Centreport Parkway/Ramoth Church Road Intersection Improvements

Intersection Safety Improvements at Route 1 and Ramoth Church/American Legion Road are included in VDOT’s Six Year Improvement Program (SYIP). Funding will come from State and Federal Funds. Preliminary engineering is proposed for 2020, with construction anticipated in 2023. Building Design The original development conditions require the building materials to be masonry for eastern building facades within 500 feet of Interstate 95. Building design would be subject to review by the Centreport Architectural Review Board (CARB), and such standards recommended by the CARB. To date, a CARB has been established, but no design guidelines have been established.

Page 7: Board of Supervisors - plancomm.stafford.va.usplancomm.stafford.va.us/2015/04082015/Item3.pdf7. Letter from M & T Bank dtd 3/26/15 8. Proposed Ordinance and Resolution ISSUE: Consider

Memorandum to: Stafford County Planning Commission April 8, 2015 Page 7 of 9 Setbacks, Buffers and Landscaping The original proffers require a minimum 75-foot building setback from I-95 and a minimum 50-foot setback from Centreport Parkway, with retention of existing vegetation where practical. Under the proposal, the building setback from I-95 would be reduced by 35 feet; however, because a 60-foot buffer is required from the edge of the I-95 right-of-way, the setback would, in essence, be reduced by only 15 feet. Staff notes that the Fire Marshal typically requires access around all sides of industrial buildings. As such, a paved travelway would be required which would push the building further back from the Interstate 95 right-of-way. The setback from Centreport Parkway would be reduced by 10 feet. While the DCSL does not require preservation of existing vegetation, required buffers and landscaping will provide screening from the roadways. Staff notes that the zoning ordinance has requirements in the M-1 zoning district for screening of outdoor storage areas from all public streets. In addition, all uses shall be conducted within enclosed buildings. Airport Impacts The amendment to proffered conditions does not affect development adjacent to the Stafford Regional Airport. All site plans submitted to the County are provided to the Airport Authority for review and comment. In addition, the draft Airport Land Use Compatibility Study indicates that uses allowed in this zoning district would be compatible uses or uses that require additional review, but are not typically incompatible. The Airport Authority has submitted a letter to the County indicating their support of the proffer amendment (Attachment 6). They have requested the provision of a sanitary sewer easement across Parcel 38-14B in order to allow future connection to the County’s public system. The owner has submitted a letter indicating they will work to provide an easement (Attachment 7). Comprehensive Plan - Land Use The Land Use Plan designation for the property is Business and Industry. These are areas of the county where large scale business and industry activities are encouraged. These areas are to be the primary economic engines for the County. Such businesses and industries would primarily serve markets that stretch beyond the County borders. Activities will typically include retail, wholesale, corporate and professional offices, research and development, entertainment, manufacturing, distribution and transportation. Buildings would typically be large in nature with extensive setbacks, parking and lot coverage requirements.

Future Land Use Map EVALUATION CRITERIA: Section 28-206 of the Zoning Ordinance lists twelve (12) criteria to be considered at each public hearing for reclassification. A summary of each criteria are as follows: 1. Compliance of the request with the stated requirements of the district or districts involved - The

use is in compliance with the stated requirements of the M-1 zoning district. 2. The existing use and character of the property and the surrounding property - The property is

primarily undeveloped. Nearby properties fronting Centreport Property to the north and south are developed as industrial.

Page 8: Board of Supervisors - plancomm.stafford.va.usplancomm.stafford.va.us/2015/04082015/Item3.pdf7. Letter from M & T Bank dtd 3/26/15 8. Proposed Ordinance and Resolution ISSUE: Consider

Memorandum to: Stafford County Planning Commission April 8, 2015 Page 8 of 9 3. The suitability of the property for various uses - The parcels are of suitable size to support light

industrial/commercial uses. The size of the buildable area of Parcel 38-14B is somewhat limited by environmental resources. In addition, the narrow configurations of the western portions of Parcels 38-14H and 14G may limit development in those areas.

4. The trend of growth and development in the surrounding area - Other properties located along

Centreport Parkway and Ramoth Church Road are developing as industrial uses. 5. The current and future requirements of the county for land - Existing right-of-way along

Centreport Parkway is sufficient. Right-of-way dedication is proposed near the intersection of Ramoth Church Road and Centreport Parkway to allow for intersection improvements.

6. The transportation requirements of the project and the county, and the impact of the proposed land

use on the county transportation network - The proposed proffer amendment should not affect the transportation network. Transportation improvements in the vicinity are already planned by VDOT.

7. Requirements for schools, parks, recreational lands and facilities, and other public services, potentially generated by the proposed classification - The proposal would not impact schools, parks or public safety.

8. The conservation of property values in the surrounding area - The proposed amendments would

not change the project’s effect on property values in the surrounding area.

9. The preservation of natural resources and the impact of the proposed uses on the natural environment - The proposal does not include any additional clearing or development of the property that would impact natural resources.

10. The most appropriate use of land - The proposal does not change the proposed use of the land. 11. The timing of the development of utilities and public facilities and the overall public costs of the

development - Water is available to the properties, and any costs for connection to the public water system would be borne by the applicant. Public sewer is not immediately available, but is planned for the properties and the nearby vicinity. Road improvements are in place to serve the properties.

12. The consistency, or lack thereof, of the proposed rezoning with the Stafford County Comprehensive Plan as in effect at that time - The proposal is consistent with the Comprehensive Plan.

SUMMARY OF POSITIVE AND NEGATIVE FEATURES: POSITIVE:

1. The proposal is consistent with the Comprehensive Plan future land use recommendations.

2. The proposal is consistent with the development patterns in the vicinity.

Page 9: Board of Supervisors - plancomm.stafford.va.usplancomm.stafford.va.us/2015/04082015/Item3.pdf7. Letter from M & T Bank dtd 3/26/15 8. Proposed Ordinance and Resolution ISSUE: Consider

Memorandum to: Stafford County Planning Commission April 8, 2015 Page 9 of 9 NEGATIVE:

1. No apparent negative impacts. RECOMMENDATION: Staff recommends approval of the application as proposed, pursuant to Ordinance O15-19. JAH:MJZ:kb Attachments (8)

Page 10: Board of Supervisors - plancomm.stafford.va.usplancomm.stafford.va.us/2015/04082015/Item3.pdf7. Letter from M & T Bank dtd 3/26/15 8. Proposed Ordinance and Resolution ISSUE: Consider

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Attachment 1 Page 1 of 1

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Attachment 2 Page 1 of 26

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Attachment 2 Page 2 of 26

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Attachment 2 Page 3 of 26

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Attachment 4 Page 7 of 10

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CENTREPORT PROFFERS PURSUANT TO O92-09 PROFFER

# EXISTING PROFFER SUMMARY PROFFER APPLICABILITY

1.A. Owner to construct road improvements at Ramoth Church Road (right turn, left turn lane at Centreport Road, right turn lane at Rt. 1), and County to acquire easements or property for road improvements

County project will construct turn lanes at Ramoth Church Road and Centreport Parkway, FAMPO project will construct turn lane at Rt. 1 and Ramoth Church/American Legion Road

1.B. I-95 interchange project at Exit 136, and Centreport Parkway construction

Completed

2. SWM to comply with applicable codes Currently required by County code

3. Reserve open space (percent unknown) Current code requirement Sec. 28-35: Open space ratio 0.20 in M-1 zone

4. Environmental permits to be obtained from applicable governmental agencies

Currently required by State and County codes

5. Dedicate land for airport Completed 6. Submit landscape plan to County staff and Planning

Commission for review (no specific requirements) Current code requirements: Sec. 28-86, and DLSC: buffer yard 60’ with 132 Plant units per every 100 linear feet

7. Generate architectural guidelines and establish Centreport Architectural Review Board (CARB).

CARB established, no written guidelines

Commercial/industrial lots to be developed in accordance with guidelines, including:

Architectural design – Within 500 feet of I-95, east façade of building to be masonry

No current code requirement

Tree preservation – encourage preservation of trees and existing quality vegetation

No current code requirement

Site configuration – parking lot, loading platform, trash receptacle and outside storage to minimize visual impact on major roadways

Current code requirement Sec. 28-88: Waste disposal receptacles, outdoor storage of vehicles for sales and/or service, and mechanical systems shall be screened from public streets.

Site signage – uniform, high quality signage, coordinated with architecture of primary building

Current code requirement Sec. 28-126: Height and size restrictions only.

Setbacks/buffers - from I-95 minimum 75’ setback , from Centreport Parkway 50’ setback

Current code requirement Sec. 28-35: Minimum front yard setback 40’ in M-1. Per DCLS: Buffer 60’ wide measured from I-95 r/w

Attachment 5 Page 1 of 2

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Parking lot landscaping – provide peripheral landscaping, and interior landscaping (2% of parking area)

Current code requirement Sec. 28-86: Landscaping to comply with DCLS, 30 sq. feet of planting area for every parking space, and 5’ parking lot perimeter and access drive landscaping buffer

Lighting – direct onto building and parking area to avoid glare beyond subject property

Current code requirement Sec. 28-87: lighting shall be designed, shielded, aimed, located, and maintained to protect adjacent properties and roadways from excessive illumination; energy waste; glare; light trespass; and unnecessary skyglow. Full cut-off or fully-shielded lighting fixtures required. The minimum maintained lighting levels shall be 5 footcandles along building fronts and 15 footcandles for high security areas

Maintenance - maintain landscaping and keep sites free of refuse and debris

Current code requirement Sec. 28-86 and 89: Landscaping maintenance to comply with section 100 of the DCSL

Loading platforms – do not locate within 500 feet of I-95 unless screened

No current code requirement

8. Submit preliminary site plans to Planning Commission Preliminary site plans no longer required by code

9. Pay pro-rata share for water and sewer Current County requirement

Indicates item with less stringent requirement than required by proffer.

Attachment 5 Page 2 of 2

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Attachment 7 Page 1 of 1

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O15-19

PROPOSED

BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA

ORDINANCE

At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the day of , 2015: ---------------------------------------------------------------------------------------------------------- MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde III Cord A. Sterling Robert “Bob” Thomas, Jr. ---------------------------------------------------------------------------------------------------------- On motion of , seconded by , which carried by a vote of , the following was adopted:

AN ORDINANCE TO AMEND AND REORDAIN THE STAFFORD COUNTY ZONING ORDINANCE BY AMENDING THE PROFFERED CONDITIONS ON ASSESSOR’S PARCELS 38-14B, 38-14F, 38-14G, 38-14H, 38-34D AND 38-34E, ZONED M-1, LIGHT INDUSTRIAL, WITHIN THE HARTWOOD ELECTION DISTRICT

WHEREAS, Chesapeake Holdings CSG, LLC is the owner of Assessor’s

Parcels 38-14B, 38-14F, 38-14G, 38-14H, and 38-34E, located in the Hartwood Election District; and

WHEREAS, 1182 Ramoth Road, LLC is the owner of Assessor’s Parcel 38-

34D, located in the Hartwood Election District; and WHEREAS, the proffers adopted pursuant to Ordinance O92-09 require the

property owners to construct various improvements related to the development of the properties; and

WHEREAS, many of the on-site improvements required by the proffers, adopted pursuant to Ordinance O92-09, are now incorporated into the Zoning Ordinance; and

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O15-19 Page 2 WHEREAS, the Board desires to remove the proffers adopted pursuant to Ordinance O92-09 to facilitate development that will comply with current standards and development practices; and

WHEREAS, pursuant to Resolution R15-54 and Resolution R15-89, the County

Administrator, has submitted application RC15150576 on behalf of both owners to amend proffered conditions on Assessor’s Parcels 38-14B, 38-14F, 38-14G, 38-14H, 38-34D and 38-34E; and

WHEREAS, the Board carefully considered the recommendations of the

Planning Commission and staff, and the public testimony, if any, at the public hearing; and

WHEREAS, the Board determined that the requested amendments to proffered conditions are compatible with the surrounding land uses and zoning; and

WHEREAS, the Board finds that public necessity, convenience, general welfare,

and good zoning practice require adoption of an ordinance to amend the proffered conditions on the subject properties;

NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of

Supervisors on this the day of , 2015, that Stafford County Zoning Ordinance be and it hereby is amended and reordained by amending the proffered conditions, and more specifically removing existing proffered conditions pursuant to Ordinance O92-09, on Assessor’s Parcels 38-14B, 38-14F, 38-14G, 38-14H, 38-34D and 38-34E consisting of 177.36 acres, zoned M-1, Light Industrial.

AJR:JAH:kb

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R15-122

PROPOSED

BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA

RESOLUTION

At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the day of , 2015: ---------------------------------------------------------------------------------------------------------- MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde III Cord A. Sterling Robert “Bob” Thomas, Jr. ---------------------------------------------------------------------------------------------------------- On motion of , seconded by , which carried by a vote of , the following was adopted:

A RESOLUTION TO DENY THE REQUEST TO AMEND AND REORDAIN THE STAFFORD COUNTY ZONING ORDINANCE BY AMENDING THE PROFFERED CONDITIONS ON ASSESSOR’S PARCELS 38-14B, 38-14F, 38-14G, 38-14H, 38-34D AND 38-34E, ZONED M-1, LIGHT INDUSTRIAL, WITHIN THE HARTWOOD ELECTION DISTRICT

WHEREAS, Chesapeake Holdings CSG, LLC is the owner of Assessor’s

Parcels 38-14B, 38-14F, 38-14G, 38-14H, and 38-34E, located in the Hartwood Election District; and

WHEREAS, 1182 Ramoth Road, LLC is the owner of Assessor’s Parcel 38-

34D, located in the Hartwood Election District; and WHEREAS, the proffers adopted pursuant to Ordinance O92-09 require the

property owners to construct various improvements related to the development of the properties; and

WHEREAS, many of the on-site improvements required by the proffers, adopted pursuant to Ordinance O92-09, are now incorporated into the Zoning Ordinance; and

Page 58: Board of Supervisors - plancomm.stafford.va.usplancomm.stafford.va.us/2015/04082015/Item3.pdf7. Letter from M & T Bank dtd 3/26/15 8. Proposed Ordinance and Resolution ISSUE: Consider

R15-122 Page 2 WHEREAS, the Board desires to remove the proffers adopted pursuant to Ordinance O92-09 to facilitate development that will comply with current standards and development practices; and

WHEREAS, pursuant to Resolution R15-54 and Resolution R15-89, the County

Administrator, has submitted application RC15150576 on behalf of both owners to amend proffered conditions on Assessor’s Parcels 38-14B, 38-14F, 38-14G, 38-14H, 38-34D and 38-34E; and

WHEREAS, the Board carefully considered the recommendations of the

Planning Commission and staff, and the public testimony, if any, at the public hearing; and

WHEREAS, the Board determined that the requested amendments to proffered conditions are incompatible with the surrounding land uses and zoning; and

WHEREAS, the Board has considered the criteria in Stafford County Code Sec.

28-206 and finds that this request does not meet the standards of the Zoning Ordinance for amendments to the Zoning Map;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of

Supervisors on this the day of , 2015, that application RC15150576 be and it hereby is denied.

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