52AB_WWW_LCPropertyAMENDMENT
Action:
PLANNING COMMISSION: June 18, 2003
BOARD OF SUPERVISORS: July 9, 2003
Recommended Approval
X APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #03 -03 FOR�W WW;-L =.C—. PROPERTY
WHEREAS, Rezoning #03 -03 of the WWW, L.C. Property, was submitted by G. W. Clifford &
Associates, Inc., to rezone 70.9065 acres from RA (Rural Areas) to B2 (Business General) with revised
proffers. This property is located north and adjacent to Route 50, approximately 1700 feet west of the
Route 37 Interchange, and identified with Property Identification Numbers52 =A -B. - d- 5 5 3 A -79 m the
Gainesboro Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on June 18, 2003;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 9, 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 70.9065 acres from RA (Rural Areas) to B2 (Business General) with revised proffers 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 18 -03
This ordinance shall be in effect on the date of adoption.
• Passed this 9t day of July 2003 by the following recorded vote:
Richard C. Shickle, Chairman A Sidney A. Reyes Nu—
Gina A. Forrester Nay Margaret B. Douglas Abse
W. Harrington Smith, Jr. Abse Robert M. Sager Aye
Lynda J. Tyler Aye
A COPY ATTEST
J hn . Riley, Jr.
Fr erick County Administrator
•
0
PDRes. P 18 -03
0 \Resolmions\2003 R¢ ni, Resolutions \W W W.w,d
® REZONING REQUEST PROFFER
Property Identification Number 52 -A -B and 53 -A -79
Gainesboro Magisterial District
Preliminary Matters
1:'l:' 11 IIC�11
Pursuant to Section 15.1 - 491.1 et. sea., 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 403 -03 for
the rezoning of 70.9065 acres from Rural Area (RA) Zoning District to the Highway
Commercial (B -2) Zoning 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 Virginia law.
Should this petition for rezoning not be approved by the Board of Supervisors then these
proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be
binding upon the applicant and their legal successor or assigns.
General Development Plan
The development of the subject property, and the submission of any Master
Development Plan shall be in conformance with all pertinent County regulations and shall
• be in substantial conformity with the Generalized Development Plan, dated June 20, 2003,
sheet 5 of 5, which is attached hereto and incorporated herein by reference.
Street Improvements
The Applicant shall design and construct all roads on the subject property
consistent with the County's adopted Round Hill Land Use Plan for the area, and according
to uniform standards established by the Virginia Department of Transportation (VDOT),
and as may be provided in these proffers as illustrated on the Generalized Development
Plan which is attached hereto and incorporated herein by reference.
1. On U.S. Route 50 a new intersection shall be created to allow the relocation of
VA Route 803 and to allow the intersection with a major collector road serving
the WWW site. Work involved with this item to include left turn lanes on U.S.
Route 50 westbound lane and eastbound lane within the median and right turn
lanes onto Route 803 (EBL) and the major collector (WBL). The intersection to
be stoplight controlled. The design for Route 803 relocation to be provided by
owner. It is anticipated that the Route 803 relocation will be supplied by VDOT
funding. The applicant will be responsible to insure that funding is in place at
the time of the initial site development phase of the project since the Route 803
relocation is a requirement for initial operation of the commercial center. See
item (1).
2. On U.S. Route 50, a new travel lane to be constructed on the north side of the
• westbound lane from the termination of the WMC (deGrange) proffer to the
western limits of the WWW, L.C. site. See item (2).
(Revised 6/20/03) Page 1 of 5
3. Two unsignalized intersections with U.S. Route 50 to be constructed at existing
crossover points as shown. This includes all work necessary to upgrade the
crossovers to VDOT standards. See item (3).
4. A major collector road with 5 lane connection to U.S. Route 50 and extending
approximately 2900' to connection with the major collector to be constructed by
the Winchester Medical Center. The time and phasing sequence of this road
will be determined at the time of Master Development Plan approval. See item
(4).
5. On VA Route 37 an additional travel lane with transition shall be added to the
northbound on ramp, in order to accommodate the dual lane left turn on U.S.
Route 50, eastbound lane constructed by WMC.
Transportation items 1, 2, 3 and 5 shall be constructed during the initial site
development phase of the project and shall be either complete or bonded for
completion prior to issuance of the first occupancy permit. In the event the
Winchester Medical Center has not constructed items 1 through 6 contained in
their proffer of April 3, 2003 (as approved by the Frederick County Board of
Supervisors) then WWW, L.C. will cause this construction to proceed
simultaneously with items 1, 2, 3 and 5 above so that all Route 50 and Route 37
improvements contemplated by both of the proffers will be completed prior to
issuance of the first occupancy permit at WWW, L.C.
The applicant shall limit entrance connections onto U.S. Route 50 to three
points as shown on GDP.
® The applicant shall prepare a traffic generation estimate for uses established by
the Site Development Plan to be submitted for initial construction approval to
the County. The combined trip generation (ADT) shall not exceed 15,000 TPD
(average weekday volume) without further approval by the County. The actual
trip generation from the project shall be measured by the WWW, L.C.
Management annually, from data collected in May and with results due on July
1 of each year, and be available for review as individual site plans and
subdivisions for future uses are submitted for review by VDOT and the County.
The combined traffic impact from the 70 acre site is not to exceed 15,000 TPD
(average weekday volume) when current actual counts and proposed counts are
added for cumulative total. If the cumulative total for any site plan at WWW
causes the total to exceed 15,000 TPD then it is agreed that the applicant shall
not file additional site plan applications until the County is satisfied that
adequate and manageable levels of service will exist on state or internal site
roadways. The SIC code system and the ITE shall be utilized for the subject
projections. The applicant shall perform an updated TIA of the project
intersections on U.S. Route 50 and of the Route 50/Route 37 interchange when
traffic generation from the 70 acre site reaches 15,000 TPD (average weekday
volume). The County may revise this 15,000 TPD limit upward, without
modification of this proffer agreement, should results of the TIA show that
additional loading is appropriate.
Historic Preservation
• • The existing home (#469) to be characterized by historical report prior to
removal.
(Revised 6/20/03) Page 2 of 5
Landscape Design Features
• The development of the subject property, and the submission of any Master
Development Plan shall include the following landscape design feature provided in these
proffers and as illustrated on the Generalized Development Plan dated June 20, 2003 which
is attached hereto and incorporated herein by reference.
A fifty foot (50') landscaped green strip along the US Route 50 frontage portion
of the site including an 8' hiker/biker trail. Internal parking, travelways and
commercial structures shall not extend closer than 50' to front right of way line
on U.S. Route 50. Inset of the GDP (sheet 5 of 5) is an illustrative detail shown
for the purpose of establishing a standard of quality to be implemented upon
final design.
• A ten foot (10') landscaped buffer area along the nor property line
landscaped with white pine evergreen trees or an equal plant species, with white
pines to be a minimum of four feet (4') in height when planted and planted at ten
foot (10') intervals. ( #6)
On Site Development
All structures shall be designed to meet the following standards:
I. Materials utilized for the facades of the buildings shall include but not be
limited to concrete masonry units (CMU) brick, architectural block, dryvit, or
other simulated stucco (EFIS), real or simulated wood and/or glass.
• 2. All buildings within the development on the property shall be constructed using
compatible architectural style and materials, and signage for such buildings
shall be of a similar style and materials.
All buildings within the property shall be developed as a cohesive entity,
ensuring that building placement, architectural treatment, parking lot lighting,
landscaping, trash disposal, vehicular and pedestrian circulation and other
development elements work together functionally and aesthetically.
4. A single monument type sign shall be utilized near each project entrance (total
of 3) to describe internal features. Sign height shall be limited to 20' within the
50' landscape area along U.S. Route 50. Individual signs to be allowed per
ordinance requirements to announce individual uses. On building signage to be
the preferred sign type for individual uses. No other signs shall be located
within the 50' buffer area.
The Applicant shall record and include in each deed as well as provide Frederick
County with a complete set of Covenants and Restrictions pursuant to site design
developed and approved by Frederick County at the time of master plan. The Applicant
shall appoint an Architectural Control Committee with responsibility for insuring strict
adherence to the approved Master Development Plan, covenants and restrictions.
Property owners shall be notified of conditions relating to adjoining active
agricultural operations.
•
(Revised 6120/03) Page 3 of 5
•
Geotechnical Study
The Applicant shall prepare a site geotechnical analysis and
as appropriate for the proper siting and design of improvements,
construction of site improvements and buildings.
Monetary Contribution to Offset Impact of Development
study for this site,
prior to beginning
The undersigned, who owns the above described property hereby voluntarily
proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the
rezoning for the 70.9065 acres, lying on the north side of U.S. Route 50 in the Gainesboro
Magisterial District of Frederick County, Virginia from RA to B2, the undersigned will pay
to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00,
the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of
$5,000.00 for a total payment of $35,000.00, at the time issuance of the first building
permit of the subject property.
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in interest of the Applicant and Owner. In the event
the Frederick County Board of Supervisors grant said rezoning and accepts these
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code.
Respectfully submitted,
PROPERTY OWNER
By: By:
ames R. Wilkins, Jr.
Date: (,2A' b3 Date:
C. Robert Solenberger
&Azko
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this o ? 1 �lti day of
2003, by � �. �k: 2xc? �s�2� l�i t�L-,c-lc�,C�
My commis si n expires t�p,&/JL � 00
Notary Public XJ�e
(Revised 6/20/03)
Page 4 of 5
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