86A81_BowmanShoemakerAMENDMENT
Action:
PLANNING COMMISSION: December 18, 2002
BOARD OF SUPERVISORS: January 22, 2003
Recommended Approval
❑ APPROVED ❑ DENIED
raeKST903per. We 4WOUTION-bi MM
THE ZONING DISTRICT MAP
REZONING #108 -02 OF BOWMAN SHOEMAKER
WHEREAS, Rezoning 408 -02 of Bowman/Shoemaker Properties, was submitted by Greenway
Engineering to rezone 10.09 acres from RA (Rural Areas) to B2 (Business General) District for property
located south on Fairfax Pike (Rt. 277), approximately 800 feet east of the intersection of Rt. 277 and
Double Church Road (Rt. 641) and identified with Property Identification Number 86 -A -81 in the
Opequon Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 18,
2002; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 22, 2003;
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 10.09 acres from RA (Rural Areas) to B2 (Business General) District as described by the
application and plat submitted, subject to the attached conditions voluntarily proffered in writing by
the applicant and the property owner.
PDRcs d03 -03
This ordinance shall be in effect on the date of adoption.
Passed this 22 "d day of January, 2003 by the following recorded vote:
Richard C. Shickle, Chairman
Ave
Sidney A. Reyes
Nam
Gina A. Forrester
Nay
Margaret B. Douglas
Aye
W. Harrington Smith, Jr.
Ave
Robert M. Sager
Aye
Lynda J. Tyler
Nay
A COPY ATTEST
JOhn,.R. Riley, Jr.
Frederick County Administrator
PDRCs. 903 -03
O'.Agnn ICOMMEN'IS \R[ZON I NOR[SOLUTN\B.w.,n Sh «.akc,.wpd
Greenway Engineering June 21, 2002 Bowman /Shoe,..aker Companies
October 14, 2002 Rezoning
November 20, 2002
BOWMAN /SHOEMAKER COMPANIES REZONING
Tax Parcel 86- ((A)) -81
Opequon Magisterial District
Preliminary Matters
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 M09 -02.
for the rezoning of 10.09 acres from the Rural Areas (RA) District to the Business
General (132) 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, more particularly described as the land owned by James L.
Bowman being all of Tax Map Parcel 86- ((A)) -81 and further described in Deed Book
332 Page 340 recorded in the Frederick County Clerk of Courts Office.
A.) Use and Structural Development of Property
1.) The applicant hereby proffers to develop the property for office and commercial
use only and limit the total structural area to 100,000 square feet for the entire
10.09 -acre site.
2.) The applicant hereby proffers to develop the 10.09 -acre site in two phases. Phase
I will be limited to 5,000 square feet of office space and Phase II will account for
the balance of the proffered total structural square footage for the 10.09 -acre site.
3.) The applicant hereby proffers to utilize the existing 3,596- square -foot structure on
the 10.09 -acre parcel for office use in Phase I.
4.) The applicant hereby proffers to prohibit any development of office or
commercial use in Phase II until the 10.09 -acre parcel is authorized to have public
sewer service.
File 43269 /LAW
Greenway Engineering June 21, 2002 Bowman /Shoemaker Companies
October 14, 2002 Rezoning
November 20, 2002
5.) The applicant hereby proffers to prohibit the development of the following land
uses on the 10.09 -acre site:
Use SIC
Electric, gas and other utility facilities and offices
49
Retail nurseries and lawn and garden supply stores
526
Automotive dealers (excluding gasoline service stations SIC - 5541)
55
Hotels and motels
701
Organizational hotels and lodging
704
Car washes
7542
Miscellaneous repair services
76
Golf driving ranges and miniature golf courses
7999
Membership organizations
86
Self - service storage facilities
- - - --
Commercial batting cages operated outdoors
- - - --
Adult care residences and assisted care facilities
- - - --
Adult retail
- - - --
B.) Transportation
1.) The applicant hereby proffers to dedicate right -of -way along Fairfax Pike (Route
277) for future road improvements by Virginia Department of Transportation in
accordance with the preliminary engineering documents identified as F.I. Plans,
Plan and Profile of Proposed State Highway, Frederick County From: 0.168 km
east of CL 1 -81 To: 0.276 km East of Rt. 636; Project 0277 - 034 -103, PE -101, RW
201, C -501.
2.) The applicant hereby proffers to develop a 60' right -of —way from an intersection
with Fairfax Pike to the southern limits of the 10.09 -acre parcel as a Phase II
improvement in accordance with the attached Exhibit A, attached to and made part
of these proffers. This right -of -way will be designed and constructed as a part of
the first site plan in Phase II which accesses the 60' right -of -way.
3.) The applicant hereby proffers to enter into a signalization agreement with the
Virginia Department of Transportation for the installation of a traffic signal at the
intersection of Fairfax Pike and the 60' right -of -way. This signalization agreement
shall be executed with the Virginia Department of Transportation prior to the
approval of the first site plan in Phase 1I, which accesses the 60' right -of -way.
4.) The applicant hereby proffers to limit the intersection points with Fairfax Pike to
utilize the existing loop driveway only for the Phase I office development.
5.) The applicant hereby proffers to limit the 10.09 -acre site to a total of two
intersection points. The existing loop driveway for the Phase I office development
shall account for one of the intersection points until the connection is severed from
Route 277.
Pile 93269/EAW
Greenway Engineering June 21, 2002 Bowman /Shoen.. iker Companies
October 14, 2002 Rezoning
November 20, 2002
6.) The applicant hereby proffers to provide a ten -foot (10) non - exclusive easement
along the Fairfax Pike (Route 277) property frontage for the purpose of allowing
the development of a bicycle facility as identified by the Frederick County
Comprehensive Policy Plan's Bicycle Plan. This easement will be dedicated to the
appropriate entity prior to the construction of the bicycle facility.
7.) The applicant hereby proffers to limit the development within Phase lI to a total of
250 vehicle trips per day (VPD) for that phase until the improvements to Fairfax
Pike are provided in accordance with the preliminary engineering documents
identified as F.I. Plans, Plan and Profile of Proposed State Highway, Frederick
County From: 0.168 km east of CL 1 -81 To: 0.276 km East of Rt. 636; Project
0277 - 034 -103, PE -101, RW 201, C -501. A detailed traffic study will be provided
for each site plan proposed in Phase II to ensure that an acceptable level of service
is maintained on Fairfax Pike resulting from the traffic generations from this site.
All traffic studies prepared for site plans within the Phase II development will be
in accordance with the Virginia Department of Transportation's guidelines and
procedures. Development within Phase 11 will only occur if an acceptable level of
service for Fairfax Pike is proven through the traffic study process.
C.) Lighting
The applicant hereby proffers that all 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. Pole- mounted lights will not exceed 25
feet in height. Lighting plans will be submitted for each site plan in Phase II for
review and approval by the Frederick County Planning Department prior to
installation.
D.) Parking Lot Location and Design
The applicant hereby proffers that all parking lots constructed in Phase II will be
located a minimum of 20 feet from the dedicated Fairfax Pike right -of -way. An earth
berm that is a minimum of three (3) feet in height will be installed within the 20 -foot
parking lot setback distance and will be landscaped with evergreen shrubs that are a
minimum of 24 inches in height at the time of planting to create a visual separation
between Fairfax Pike and the parking lots for the office buildings.
E.) Business Signs
The applicant hereby proffers that all freestanding business signs will be
monument type construction and that pole mounted signs will be prohibited. No
monument sign will exceed 15 feet in height or 100 square feet in area for the
message portion of the monument sign.
Filc M69 /1'.AW 3
Greenway Engineering June 21, 2002 Bowman /Shoeli�aker Companies
October 14, 2002 Rezoning
November 20, 2002
F.) Monetary Contribution to Offset Impact of Development
The undersigned owner of the above - described property hereby voluntarily proffer
that in the event rezoning application # 0$-D2, is approved, and the property is
subsequently developed within a B2 zone, the undersigned will pay to the Treasurer of
Frederick County, Virginia the following amount:
$ 2,500 for Frederick County Fire and Rescue to be redistributed to Stephens City
Volunteer Fire & Rescue Company for capital facilities costs
This payment is intended to offset the additional cost to Frederick County due to an
increased demand on public services and will be paid within ninety (90) days
following approval of the rezoning by the Board of Supervisors.
G.) 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.
Respectfully Submitted:
By: yClL,'7e � i/ -a/ -Ul
Beverley B hoernaker Date
Commonwealth of Virginia,
City /County of t �t�r �'c �� To Wit:
The foregoing instrument was acknowledged before me thisc�h ay of / A ell
280+ by
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Notary Public
My Commission Expires rc( zl"_T ; _? % 7 - ' j
File 43269/En W
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