64A29_WakelandPropertiesAMENDMENT
Action:
PLANNING COMMISSION:
July 6, 2005 -
Recommended Approval
BOARD OF SUPERVISORS:
August 10, 2005
❑ APPROVED
❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING # 10 -05 OF WAKELAND PROPERTIES
WHEREAS, Rezoning 910 -05 of Wakeland Properties, was submitted to rezone 7.26 acres from RA
(Rural Areas) District to B2 (General Business) District for commercial use. These properties are located
east and adjacent to Front Royal Pike (Route 522), approximately 350 feet south of the Papermill Road
intersection, in the Shawnee Magisterial District, and are identified by Property Identification Numbers
(PINS) 64 -A -29 and 64 -A -30.
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 6, 2005; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 10, 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 7.26 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 X32 -05
This ordinance shall be in effect on the date of adoption.
Passed this 10th day of August, 2005 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten
Gina A. Forrester
Lynda J. Tyler
Gene Fisher
Nay Gary Dove
Aye Bill M. Ewing
Aye
A COPY ATTEST
Aye
Aye
Aye
��U
John 4. iley, Jr.
Frederick County Administrator
PDRes 432 -05
Proffer Statement
PROPOSED PROFFER STATEMENT
REZONING: RZ. # 10-05
Rural Areas (RA) to Business General (B2)
PROPERTY: 7.26 acres + / -;
Tax Map Parcels 64 -A -29 & 30 (the "Property')
RECORD OWNER Wakeland Manor Land Trust
APPLICANT: Wakeland Manor Land Trust
PROJECT NAME: Wakeland Properties - Front Royal Pike
ORIGINAL DATE
OF PROFFERS: June 10, 2005
RE VISION DATE (S): N/A
Wakeland Properties
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
me aning all future owners and successors to interest. When used in these proffers, the "Generalized
Development Plan," shall refer to the plan entitled "Generalized Development Plan, Wakeland
Properties" dated June 10, 2005 (the "GDP "), and shall include the following:
1. Land Use
L1 The development of the site with B2 land uses shall not exceed 80,000 square feet of
gross floor area, excluding the floor area of mini- warehouse /self- storage facilities,
which shall be permitted on the site without restriction to floor area except as
otherwise governed by the Frederick County Zoning Ordinance.
Page 1 of 3 6/10/05
Proffer Statement
2. Site Development
Wakeland Properties
2.1 Site entrances shall be limited to one (1) as shown on the Generalized Development
Plan (GDP), 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 20' landscaped corridor buffer shall be provided along the Front Royal Pike
(Route 522) frontage of the site, which will include mixed ornamental plantings
consistent with good sight line characteristics for highway entrances. Said buffer
shall be installed prior to issuance of the fast certificate of occupancy for the site,
and shall be provided in addition to the buffering and/or landscaping requirements
of the Frederick County Zoning Ordinance otherwise applicable to the site. One (1)
freestanding sign shall be permitted within the buffer area at the project entrance.
No other structures or impervious surfaces shall be permitted within the corridor
buffer, except those required for utilities and site access. (See 2 on GDP)
3. Transportation
3.1 The Applicant shall place the amount of $19,000 in an escrow account for
signalization of the intersection of Justes Drive and Front Royal Pike (Route 522)
and/or future design and construction of re- aligned Papermill Road. Such funds
shall be escrowed within six (6) months of rezoning approval, and shall be
released to the County within 90 days of a written request by the County.
3.2 The Applicant shall install rum lane improvements on Front Royal Pike (Route 522)
to ensure safe and efficient site access. The exact location and design of such
improvements shall be determined upon final engineering thereof, and shall be in
accordance with Virginia Department of Transportation (VDOT) specifications.
3.3 The Applicant shall identify and reserve locations for inter - parcel pedestrian and
vehicular access during the master development plan (MDP) and/or site
development plan (SDP) process.
4. Monetary Contribution to Offset Impact of Development
4.1 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to
Frederick County for fire and rescue purposes. Said contribution shall be made at
the time of issuance of the fast commercial building permit for the site.
4.2 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to
Frederick 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 TIE FOLLOWING PAGES
Page 2 of 3 6/10/05
Proffer Statement
Respectfully submitted,
WAKELAND MANOR LAD0 TRUST
By:
Date:
Wakeland Properties
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
h
The foregoing instrument was acknowledged before me this IC day of KC ,
2005, by _T-� Oy W a 1 i iq
My commission expires _� (1 30 Z(90
Notary Public rr+
Page 3 of 3 6/10/05