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53B35_MarathonBankAMENDMENT Action: PLANNING COMMISSION: April 20, 2005 - Recommended Approval BOARD OF SUPERVISORS: May 11, 2005 & APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 905 -05 FOR MARATHON BANK WHEREAS, Rezoning 905 -05 for Marathon Bank, was submitted by Patton Harris Rust & Associates, PC, to rezone 1.0 acre from RA (Rural Areas) District to B2 (General Business) District. The properties are located on the south side of Northwestern Pike (Route 50 W), west and adjacent to Ward Avenue (Route 1317), approximately 900 feet west of the Route 37 Interchange, in the Back Creek Magisterial District, and are identified by Property Identification Numbers (PINs) 5313-3 -5, 53B -3 -6, 5313-3 -7, and 5313-3 -8. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 20,2005: and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 11, 2005: 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 1.0 acre from RA (Rural Areas) District to 132 (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. 4 19 -05 This ordinance shall be in effect on the date of adoption. Passed this 1 Ith day of May, 2005 by the following recorded vote: Richard C. Shickle, Chairman Ave Barbara E. Van Osten Ave Gina A. Forrester Aye Gary Dove Aye Lynda J. Tyler Aye Bill M. Ewing Aye Gene E. Fisher Aye A COPY ATTEST John R. (R ,'Jr. Frederick County Administrator PDRes. # 19 -05 PROPOSED PROFFER STATEMENT REZONING: RZ #! 05 -05 Rural Areas (RA) to Business General (B2) PROPERTY: 1.0 acre + / -; Tax Map Parcels 53B -3 -5, 6, 7 & 8 (the "Propert)�') RECORD OWNER The Marathon Bank APPLICANT: The Marathon Bank PROJECTNAME: Marathon Bank— Route 50 West ORIGINAL DATE OF PROFFERS: March 21, 2005 REVISION DATE (S): May 2, 2005 The undersigned hereby proffers that the use and development of the subject property ( "Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Marathon Bank — US Route 50" dated March 23, 2005 [revised May 2, 2005] (the "GDP "), and shall include the following: Land Use 1.1 The Property shall be developed with bank and general office land uses. All other uses permitted in the B2 Zoning District shall be prohibited on the Property 1.2 The gross floor area of bank and general office land uses shall not exceed 8,000 square feet. 2. Site Development 2.1 Site entrances shall be limited to two as shown on the Generalized Development Plan (GDP). Direct access to the Property from Route 50 (Northwestern Pike) shall Proffer Statement Marathon Bank —Route 50 West be limited to a right in only entrance, the exact design and location of which shall be determined upon final engineering thereof pursuant to the specifications and approval of the Virginia Department of Transportation (VDOT). (See 1 on GDP) 2.2 A 10 -foot wide landscaped corridor buffer shall be provided along the Route 50 frontage of the site, which shall be fully installed prior to issuance of the first Certificate of Occupancy (CO) for the Property (See 2 on GDP). Landscaping within said buffer shall consist of mixed ornamental plantings generally consistent with the exhibit entitled Corridor Buffer Illustrative Exhibit, dated May 2, 2005. The precise composition of buffer area landscaping shall be defined on the site plan for the Property. 2.3 Freestanding signage on the Property shall be limited to one monument style sign not to exceed 20 feet in height. The size of said sign shall not exceed 75 square feet in area, excluding the supporting structure. OR-01.096 3. Mone tary Contribution to Offset Impact of Develonment -Cy orr+ France + 3.1 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to warred -b krorj W6/ Frederik County for fire and rescue purposes. Said contribution shall be made at Fire co- K. P-%AMJ sa J the time of issuance of the first commercial building permit for the site. ovndtiiU Etic -Ai- i --4kv— Firsrresronder. 3.2 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to FiSA` Frederik County for Sheriff's Office purposes. Said contribution shall be made at the time of issuance of the first commercial building permit for the site. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 2 of 3 Rev. 5/02/05 Proffer Statement Respectfully submitted, THE MARATHON BANK By. Ap. Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Marathon Bank —Route 50 West The fore oing instmme t was acknowledged before me this ��/) day of 2005, by .6em ek� a Mycommissione pires a— o2� —OlP Notary Public . -J ( 1 Page 3 of 3 Rev. 5/02/05 I OUTPUT MODULE I APPLICANT: Marathon Bank - Route 50 Net Fiscal Impact I LAND USE TYPE B2 Office Costs of Impact Credit: I REAL EST VAL $800,000 Required (entered in I FIRE & RESCUE = 9 Capital Facilliies col sum only) I Fire and Rescue Department $2,664 I Elementary Schools $0 I Middle Schools $0 High Schools $0 I Parks and Recreation $0 I Public Library $0 Sheriffs Offices $0 Administration Building $0 I Other Miscellaneous Facilities $0 I SUBTOTAL $2,664 I LESS: NET FISCAL IMPACT $149,047 NET CAP. FACILITIES IMPACT I $0 Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per Oper Cap Equip Expend /Debt S. Taxes. Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit $0 $0 $2,664 #DIV /01 $0 $0 $0 $0 $0 #DIV101 $0 $0 $0 $0 #DIV /01 $0 $0 $0 $0 #DIV /0! $499 $0 $0 $499 $499 $0 #DIV /01 $0 $0 $0 $0 #DIV /01 $1,195 $1,320 $2,515 $2,515 $0 #DIV /01 $1,694 $1,320 $0 $3,014 $3,014 $0 #DIV /01 $149,047 $149,047 149 047 #DIV /0! $01 #D V10, INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg I ----------- ----------- - - - - -- ------- ----- - - -- -- ------------------------- -------------- - -- - -- -------------------------- - - - - -- -------------- ---- - - - - -- - --- ---------- -- - - -- - -- - -- --- ---- ---- --- --- -. - - - -- I METHODOLOGY: 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is Input In row total of second column (zero if negative); included are the one -time taxes /fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). I NOTE: Proff er calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 3121/05 SKE Project Description: Assumes maximum of 8,000 square feet of office use on 1.0 acres zoned B2 District 1.000 1.342 Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. � RTLH<N�1� DA xe, x ere Z . ----- �.__ —_— N I I �"• 1 \ � ou e r::= \ -� N SI AU I � BY 0TH T -IN 1 �\\ �- -- -. - PTRANCE © 10' LAND ^ 1 ` _ - - - y - ONLY O CORRIDOR - IZOS, i CONVENIENCEtiS ORE 53 -A -82 Funkhouser & Poe ` ! _ #2 61 — 53B -3 -1 Use: Vacant �' I I LIVESTOCK EXCHANGE C4,Vop Y / Zoned: RA Use: Convenience Store PROPOSED BANK /GENERAL OFFICE LL J 8.000 SF MAX EN CE i i m \ J 5313-3 -24 — — Jahn AZ June Holliday Zoned: RA Use: Vacant L w MARATHON BANK Patton, Harris, Rust & Associates, PC l = NS \ C US ROUTE 50 o GENERALIZED DEVELOPMENT PLAN p i 4 1 n E FKaday St WdiesLs, Y,rgina 22691 FREDERICK COUNTY, VIRGINIA VOCE (50) 667-2139 FAX: (519) 665-0193 CORRIDOR BUFFER ILLUSTRATIVE EXHIBIT May 2, 2005 y V1 V.. IL 53 —A —B2 unkhouser & Poe —z7I, edL RA ____I Use: Vacant i� i Z �> 10' LAND CORRIDOR v I r is �� -- r /F - ?051 C , I PROP0, ED m BANK OR GENERAL OFFICE I ' ,$,000 -SF n LI' t I F a, � h _ m � 3 5B June H John &June Holliday Zoned: RA i Ilea Vncnnt * Specific composition and quantities to be determined at Site Plan Stage with staff input. Patton Harris Rust & Associates pc H Engineers. Surveyors. Planners. Landscape Architects.