63A20_CreeksideVillageRichardGraberAMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Approvals:
Planning Commission March 7, 1990
Board of Supervisors April 11, 1990
An ordinance amending the zoning district map for #002 -90 of
Creekside Village /Richard A. Graber.
WHEREAS, Rezoning application #002 -90 of Creekside Village /Richard
A. Graber to rezone 1.667 acres from RP (ResidentialiPerformance)
to B2 (Business General) , located west of Route 11 and on the north
side of Route 706, and designated by property identification
#63000 -A00- 0000 = 0000 - 0020 -0 and #63000 -A00- 0000 - 0000 - 0021 -0 in the
Back Creek District, was referred to the Planning Commission on
March 7, 1990; and
WHEREAS, the Planning Commission held a public hearing on this
application on March 7, 1990; and
WHEREAS, the Planning Commission received a draft statement of
conditions proffered prior to the public hearing; and
WHEREAS, the Board of Supervisors held a public hearing on this
application on April 11, 1990; and
WHEREAS, the Board of Supervisors received a signed statement of
conditions proffered prior to the public hearing; and
WHEREAS, the Frederick County Board of Supervisors finds this
rezoning to be in the best interest of the public health, safety,
welfare, convenience and good zoning practice;
THEREFORE, RESOLVED by the Frederick County Board of Supervisors
as follows:
That Chapter 21 of the Frederick County Code, Zoning Ordinance, is
amended to revise the Zoning District Map to change 1.667 acres
from RP (Residential Performance) to B2 (Business General) located
west of Route 11 and on the north side of Route 706 and designated
by Property Identification #63000 -A00- 0000 - 0000 - 0020 -0 and #63000 -
A00 0000 -0000- 0021 -0 in the Back Creek Magisterial District and
described by the application and plat submitted, subject to the
J 0 following conditions voluntarily proffered in writing by the
applicant and property owner as follows:
This ordinance shall be in effect upon its passage.
Passed this 11th day of April, 1990.
A Copy Teste
Jo�-n R. Riley,/Jr.
Fre7 erick County Administrator
•
u
MASTER DEVELOPMENT PLAN AND REZONING - PROFFERS
® APPLICANT # 002 -90 Creekside Village
We the undersigned, sole owners of land to be rezoned under
rezoning request number 002 -90 , referred to as the Creekside
Village rezoning, and the applicant for said rezoning,
hereby voluntarily proffer the following conditions. The
conditions proffered shall be binding upon the heirs, executors,
administrators, assigns and successors in interest of both the
applicant and owners. In the event the Frederick County Board of
Supervisors grants said rezoning and accepts these conditions, the
following proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County
code:
Transportation
A. The sole entrance /exit on the subject property will be the
commercial entrance onto Route 11 at the front of the
property. Traffic will be controlled by the traffic signal
installed at the owners expense at the intersection of Route
11 and Shawnee Drive (Route 652).
• B. The only entrance /exit to Route 706 on the southern boundary
. of the property will be an emergency vehicle entrance.
Water & Sewer
A. The water service to Phases II and III will be extended from
Phase I by the owner and a second fire hydrant will be
installed in accordance with the Fire Marshall Regulation.
B. The sewer line to Phase II and III will be extended form Phase
I by the owner.
Aesthetics The project will be designed to create a village type
shopping and office complex unlike the typical "strip
mall" look that is prevalent in most new commercial
projects either recently completed or presently under
construction in the Winchester /Frederick County area.
The existing main building built in the 1790's has been
remodeled and will be preserved. This structure fronts on
Valley Avenue at the entrance to the project.
All new buildings that will be constructed during the three
phases will complement the existing main building and colonial
brick and siding architectural standards will be followed.
All non paved open areas and parking islands will be
landscaped with a mixture of trees, shrubs, flowers and grass.
An underground irrigation system will be installed to assure
all plantings are properly maintained.
Master Development. Plan and Rezoning Proffers
January 15, 1990
Page 2
Aesthetics Continued
o All signage will be in accordance with established standards
set by the architect and the owner and must be approved prior
to installation. No business sign shall exceed 100 sq. ft. in
size.
o All outside lighting will be of Colonial or Victorian design
and perimeter lighting will be directed on site and will be
non -glare so as to minimize the impact of adjoining
properties.
o Curb and guttering will be used in most paved areas for
aesthetic appeal and water run -off control. All traffic areas
will be asphalt covered.
o The property line between the applicants project and the
7- Eleven Store on the Southeast of applicant's property will
be fenced with open fencing. The southern property line
bordering VA Route #706 will be a combination of parking and
landscaped islands on the applicant's property. The parking
area within the Winchester City limits will be landscaped as
previously agreed to with the Winchester Planning Director for
Phase I site plan approval.
Storm Water Management
A underground storm water collection and drainage system will be
installed as a part of Phase II and Phase III site work to
facilitate rainwater run -off and drainage from the project property
to Hoge Creek.
Underground Utilities
All electrical, telephone and cable lines on the property will be
installed underground for aesthetics and anticipated new county
regulations.
Master Development Plan
The owner is proffering the Master Development Plan covering
proposed uses of property and applicable drawings as submitted to
the Frederick County Planning Commission for Phases I, II and III
of the subject project.
is
El
Master Development Plan and Rezoning Proffers
January 15, 1990
Page 3
Continuity
It is the intent of the owner /applicant to maintain the property
under individual ownership and to maintain the standards outlined
in these proffers.
If the property is sold at a future date, deed covenants will apply
to future ownership to protect the original aesthetic and historic
preservation intentions as stated above.
These proffers shall be binding upon the heirs, executors,
administrators, assigns and successors in interest of the applicant
and property owner.
This document shall set forth the total obligation of the applicant
and property owner to The County of Frederick in connection with
the rezoning of the site. Consequently, the applicant's and
property owner's obligation shall not be subject to future
modification or enlargement without the express written concurrence
or consent of the current property owner(s), applicant or their
successors and assigns.
Applicant & P pert Ow ichard A. Graber
BY:
DATE: HAI& 2, /-F-FO
V I �C )
F.e ss:
Subscribed and sworn to before me on this a day of
YY\ , 19 �O .
Notary Public: c ` V T' C LL-
® My commission expires: )99 /
Brenda Lee Clark
Notary Public, State of Virginia
My Commission Expires April 26, 1991