64BA38_APRMiniStorageLLCAMENDMENT
Action:
PLANNING COMMISSION
August 18, 2004 -
Recommended Denial
BOARD OF SUPERVISORS: January 12, 2005 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 410 -04 OF A.P.R. MINI - STORAGE, LLC
WHEREAS, Rezoning #10 -04 of A.P.R. Mini - Storage, LLC, submitted by Foltz Land Surveying, to
rezone 2.5473 acres from RA (Rural Areas) District to B 1 (Neighborhood Business) District, and 10.1134
acres from RA (Rural Areas) District to B2 (General Business) District. This property is located on the
north side of Route 776, about 500 feet east of the intersection with Route 522, in the Shawnee Magisterial
District, and is identified by Property Identification Number (PIN) 64B -A -38; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on August 18, 2004;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 10, 2004;
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 2.5473 acres from RA (Rural Areas) District to B1 (Neighborhood Business) District, and
10.1134 acres from RA (Rural Areas) District to B2 (General Business) 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.
PDRes k21 -04
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of January, 2005 by the following recorded vote:
Richard C. Shickle, Chairman Ave Barbara E. Van Osten Aye
Gina A.
Forrester
Nay
Gary Dove Aye
Lynda J.
Tyler
Nay
Bill M. Ewing Nay
Gene E.
Fisher
Aye
A COPY ATTEST
John Viley, Jr.
Frederick County Administrator
PDRes 421 -04
Proffer Statement
Rezoning Request Proffer
Property Identification Number 64B- ((A)) -38
Shawnee Magisterial District
Monetary Contribution to Offset Imnact of DevelODment
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
12.6607 -acre site located along the north side of Bufflick Road in the Shawnee Magisterial
District of Frederick County, Virginia, from RA to B -1 and B -2, the undersigned will pay to
Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the
first building permit is issued.
The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607 -acre
site meeting all requirements of the Virginia Department of Transportation, should the initial site
plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes
the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and
issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan,
the Property Owner shall conduct an actual count of vehicle trips per day from the property, after
request for the same from the Virginia Department of Transportation. If said count reveals that
more than 600 vehicle trips per day are generated from this property, the undersigned hereby
proffers to prepare a traffic impact analysis (TIA) for the 12.6607 -acre site meeting all
requirements of the Virginia Department of Transportation. Said TIA will identify necessary
improvements required to the road system for vehicle trips attributable to this property
( "Necessary Improvements "). Further, after agreement with VDOT and Property Owner
regarding the Necessary Improvements, the Necessary Improvements shall be installed by the
Property Owner within nine (9) months after said agreement is reached between VDOT and the
Property Owner.
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 grants 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.
In addition to the above, the Property Owner agrees to proffer out any uses other than that of a
mini - storage and office building on the site for so long as any property in the neighboring
vicinity (within fifty (50) yards) is no longer used or zoned for residential purposes.
Notwithstanding what is stated above, in the event any of the neighboring properties are zoned
and /or otherwise permitted or allowed to operate as a commercial use (excluding home
occupations or cottage occupations, as those terms are currently defined by the Frederick County
Zonin O the above stated proffered out uses shall terminate h p
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In addition to the above, the Property Owner agrees that any structure on the rezoned property
shall not exceed the FAA Part 77 Surface Height Restrictions. At the time of the rezoning, the
Property Owner's stated intended use of an installation of a mini - storage does not exceed said
restriction.
Submitted By:
PROPERTY OWNER: A.P.R. Mini Storage, L.L.C.
By: / i Z Date: 1a \QL x-1
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To wit:
The foregoing instrument was acknowledged before me this '•19 * day of 0eeVMk:, r
2004, by PrtL.1 N2A\eq
My commission ex ires 3D i 26tr1
Notary Public