55A80_ShenandoahHondaAMENDMENT
Action:
PLANNING COMMISSION: November 19, 2003 - Recommended Approval
BOARD OF SUPERVISORS: December 10, 2003 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #l11 -03 OF SHENANDOAH HONDA
WHEREAS, Rezoning #11 -03 of Shenandoah Honda was submitted by John Ross to rezone 2.020
acres from RA (Rural Areas) B2 (Business General). This property is located on Route 7,
approximately 185 feet southeast of the intersection of Greenwood Road and Route 7, and is identified
with Property Identification Numbers 55 -A -80 and 55 -A -81 in the Red Bud Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 19, 2003;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 10, 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 2.020 acres from RA (Rural Areas) B2 (Business General), 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 429 -03
COO V
This ordinance shall be in effect on the date of adoption.
Passed this 10` day of December, 2003 by the following recorded vote:
Richard C. Shickle, Chairman
Aye
Sidney A. Reyes
Aye
Gina A. Forrester
Aye
Margaret B. Douglas
Aye
W. Harrington Smith, Jr.
Aye
Robert M. Sager
Aye
Lynda J. Tyler
Aye
A COPY ATTEST
John
Frederick County / Administrator
PDRes. #29 -03
0: \Resolutions\2003 Rezoning Resolutions \Shenandoah Hondampd
AMENDED PROFFER STATEMENT
FORMYKIDS, LLC
REZONING
Tax Parcel No. 55- A- 80.55 -A -81
Stonewall Magisterial District, Frederick County, Virginia
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 No. 11 -03 for the rezoning of 2.020 acres from RA, Rural
Agriculture, to 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 its legal
successors and assigns.
The subject property, more particularly described as the land owned by FORMYKIDS, LLC being
Tax Map Parcel No. 55 -A -80; 55 -A -81, and further described by boundary and topographic survey
of the land of FORMYKIDS, LLC, drawn by Anderson and Associates, Inc., dated the 10` day of
March, 2003, filed with the application for Rezoning and by this reference made a part hereof as if
set out in full.
A. Land Consolidation
The applicant hereby proffers that the lots shall be consolidated into one tract of land
containing 2.020 acres.
B. Land Use Restriction
The applicant hereby proffers that the following land uses shall be prohibited on any portion
of the subject site that is zoned B2, Business General District:
SIC 5541
Gasoline Service Stations
SIC 7999
Golf driving ranges and miniature golf courses
SIC 7999
Commercial batting cages
(No SIC)
Adult Care Residences and Assisted Living
(No SIC)
Adult retail uses
SIC 054
Food Stores
SIC 058
Restaurants
SIC 701
SIC 704
SIC 7542
SIC 8351
SIC 5199
(No SIC)
C. Transpoi
Hotels and Motels
Organization Hotels and Lodging
Car Washes
Child day -care facilities
Advertising specialties - wholesale
Commercial sport and recreation clubs
tation
Access
The applicant hereby proffers that access to Berryville Pike (U.S. Route 7) shall be
limited to one commercial entrance. The applicant further proffers that the location
of the entrance shall be with the approval of the Virginia Department of
Transportation. The design and construction of the new commercial entrance shall
be provided in conjunction with the approved site plan for the 2.020 acre tract.
If the footprint of the main structure exceeds 25,000 square feet, then the applicant
will be required and does agree that a traffic impact analysis will be performed and
any necessary improvements warranted by said study and required by V'DOT shall
be made.
In addition to the above, in the event that the property is utilized for a use other than
a Major Group 55 (SIC), then the applicant agrees that a traffic impact analysis will
be performed and any necessary improvements warranted by said study and required
by VDOT shall be made.
D. Site Development
1. Berm / Knoll
The applicant hereby proffers to construct a berm or knoll parallel to Route 7 so that
except for the entrance way, there will be the berm or knoll of at least 3 feet in height
act as a visual buffer from traffic proceeding along Route 7 in an easterly direction.
In addition, a decorative board -on -board fence, not to exceed ten (10) feet in height,
shall be constructed on the other portions of the property which borders on existing
RA zoned land. No chain link fencing will be used which will be visible from
outside the premises.
2. Signage
The applicant hereby proffers to erect one monument sign, not exceeding ten (10)
feet in width or fifteen (15) feet in height and which structure shall be constructed of
stone, brick, wood and steel with sign facing as required by the franchisor. The
appropriate design of the sign shall indicate the businesses located in the subject
property and which sign shall be as set forth on the site plan to be submitted to
Frederick County. A sign plan will be submitted to the Frederick County Building
official for review and approval prior to any use of the existing freestanding business
sign.
The applicant proffers that it will clear the stream bed known as "Ash Hollow Run"
of debris and will agree to maintain the creek bed located on the property so that the
stream will be visibly pleasing with a grass embankment from the berm/knoll to be
constructed down to the water's edge and a grass embankment between the stream
and the property of Virginia Department of Transportation (Route 7 Right of Way).
4. Public Water and Wastewater
The applicant hereby proffers that it will only utilize public water and will not
construct private septic systems to serve the property, but rather will only use public
wastewater facilities as its wastewater management.
E. Buffer and Screening
The applicant hereby proffers to maintain ornamental trees or bushes along the berm or knoll
which parallels Route 7. The design and planting of the ornamental trees or bushes shall be
provided in conjunction with the approved site plan for the 2.020 acre site. In addition, the
applicant shall plant five percent (5 %) more ornamentals along the berm or knoll as may be
required by the County of Frederick's classification set forth in the Zoning Ordinance.
F. Monetary Contribution to Offset Impact of Development
The undersigned owner of the above described property hereby voluntarily proffers that in
the event Rezoning Application No. 11 -03 is approved, the undersigned will pay to the
Treasurer of Frederick County, Virginia, the following amount:
The sum of $500.00 to the Treasurer of Frederick County to be
redistributed by Frederick County for capital facilities costs of fire
and rescue services.
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 the approval of the rezoning
by the Board of Supervisors.
FORMYKIDS, LLC
BY: (SEAL)
Jon oss, Manager
STATE OF VIRGINIA
CITY OF WI, CHESTER, TO- W T
I, (il - tea Notary Public in and for the State and jurisdiction
aforesaid, o hereb ertify tha ohn Ross, Manager of FORMYKIDS, LLC, whose name is
signed to the foregoing Amended Proffer Statement has personally appeared before me and
acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this
My Commission expires _
117641 :N .d,d N.ft, Slaw .., RJ.w,d
th day of November, 2003.
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