54A115B_FrederickBlockCompanyProfferRevisionAMENDMENT
Action:
PLANNING COMMISSION: May 18, 2005 - Recommended Approval
BOARD OF SUPERVISORS: .Tune 22, 2005 U APPROVED❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #06 -05 OF FREDERICK BLOCK COMPANY
WHEREAS, Rezoning 406 -05 of Frederick Block Company, was submitted to revise proffers attached
to Rezoning #01 -03. This revision relates to design and landscaping aspects of the property. This property
is located on the eastern side of Martinsburg Pike (Route 11), approximately 3,400 feet north of the
intersection of Route I1 and Lee Avenue, in the Stonewall Magisterial District, and is identified by
Property Identification Number (PIN) 54A- I -15B.
WHEREAS, the Planning Commission held a public hearing on this rezoning on May 18, 2005; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on June 22,2005; 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 the
proffer revision relating to design and landscaping aspects of the property attached to Rezoning #01 -03,
as described by the Proffer Statement submitted by the applicant and the property owner, is approved.
PDRes #21 -05
This ordinance shall be in effect on the date of adoption.
Passed this 22nd day of June, 2005 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten
Gina A. Forrester
Lynda J. Tyler
Gene Fisher
Aye Gary Dove
Aye Bill M. Ewing
Aye
A COPY ATTEST
Ave
Aye
Aye
2a,��
John R. 'le , Jr.
Frederic ounty Administrator
PDRcs #21 -05
APR 2 0 2005 w
FLF _ ` AF
Preliminary Matters
FREDERICK BLOCK COMPANY
REZONING
Tax Parcels # 54A- ((1)) -15B, 54A- ((1)) -15C,
54A- ((1)) -15D, 54A- ((1)) -16,
54A- ((1)) -17
Stonewall Magisterial District
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 #Cl -cs for the rezoning of 4.64 acres from
B2, Business General District, Ml, Light Industrial District, and RP, Residential Performance
District to establish 2.63 acres of B2, Business General District and 2.01 acres of B3, Industrial
Transition 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 lands owned by Frederick Block
Company being all the Tax Map Parcels 54- ((1)) -15B, 54A- ((1)) -15C, 54A- ((1)) -15D, 54A-
((1))-16 and 54A- ((1)) -17 and further described by Boundary and Topographic Survey of the
land of Slaughter Properties and Stephen R. Slaughter, et al, dated February 27, 2001 (see
attached Boundary and Topographic Survey Plan).
A.) 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 in B2, Business General District and B3,
Industrial Transition District:
SIC 42 Motor freight transportation
SIC 45 Transportation by air
SIC 701 Hotels and motels
SIC 704 Organization hotels and lodging
SIC 78 Drive -in motion picture theaters
SIC 7999 Golf driving ranges and miniature golf courses
Adult retail uses (no SIC)
B.) Transportation
1.) Access
The applicant hereby proffers that access to Martinsburg Pike (U.S. Route 11) shall be
limited to two commercial entrances. The applicant further proffers that the location of
the two commercial entrances shall be aligned with the existing entrances to the Shockey
Companies located on the west side of Martinsburg Pike. The design and construction of
the new commercial entrances shall be provided in conjunction with the approved site
plan for the 4.64 -acre site.
2.) Turn lane- U.S. Route 11
The applicant hereby proffers to install a right -turn lane at the new commercial entrances
on Martinsburg Pike (U.S. Route 11), if warranted by VDOT. If warranted by VDOT,
the design and construction of the right -turn late shall be provided in conjunction with the
approved site plan for the 4.64 -acre site.
C. Site Development
1.) Maximum Structural Area
The applicant hereby proffers to limit the total structural area to 50,000 square feet for the
entire 4.64 -acre site.
2.) Decorative Walls
The applicant hereby proffers to construct rounded decorative walls at the new
commercial entrances also located on Martinsburg Pike. The decorative walls will be
constructed of brick, block, stone or similar material. All decorative walls will be
designed and located to ensure that the visibility of vehicles entering and exiting the 4.64 -
acre site is not negatively impacted. The design and construction of the decorative walls
shall be provided in conjunction with the approved site plan for the 4.64 -acre site.
3.) Signage
The applicant hereby proffers to refurbish the existing freestanding business sign located
in the southwestern corner of the 4.64 -acre site. The refurbished sign will not exceed
twenty (20) feet in height and is proffered to be the only freestanding business sign on the
4.64 -acre site. 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. Any
additional business sign located along the Martinsburg Pike corridor will be monument
signs that shall be monument signs that shall be limited to a maximum height of 12 feet.
4.) Lot Consolidation
The applicant hereby proffers to prepare and submit a consolidation plat to the Frederick
County Planning Department within 90 days of rezoning approval. This consolidation
plat shall combine the existing five (5) parcels of land into one (1) 4.64 -acre parcel.
D.) Buffers and Screening
The applicant hereby proffers to maintain a vegetarian strip along the northern property
boundary that is a minimum of 50 feet in width
E.) Monetary Contribution to Offset Impact of Development
The undersigned owners of the above - described property hereby voluntarily proffer that
in the event rezoning application #u -os is approved, the undersigned will pay to the
Treasurer of Frederick County, Virginia, the following amount:
$500 for the Frederick County Fire and Rescue to be redistributed to Clearbrook
Volunteer Fire and 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.
F.) 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 the rezoning and accepts the conditions, the proffered
conditions shall apply to the land rezoned, in addition to the other requirements set forth in the
Frederick County Code.
Respectfully Submitted:
By:
T St en R. S a hter Date
By: C k(O
StIphen C. glaughter Date
Commonwealth of Virginia,
City /County of �A E n E R U< To wit:
The foregoing instrument was acknowledged before me this a! Sf day of APQ r (- -
20D�by SfeP�E�' ,Q. S�AJG CF /Z ANO Sf(�gr�" C . SeAJCNr'F/L—
Notary Public
My Commission Expires 0 C (, 9 F 2 3 1 a 0 9 S