52A252_GlaizePropertyAMENDMENT
Action:
PLANNING COMMISSION: December 20, 2006 - Recommended Denial
BOARD OF SUPERVISORS: February 28, 2007 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 414 -06 OF GLAIZE PROPERTY
WHEREAS, Rezoning #14 -06 of Glaize Property, submitted by Painter - Lewis, PLC, to rezone 1.38
acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for commercial use,
was considered. The property is located on the southwestern quadrant of the intersection of Northwestern
Pike (Route 50)/ Round Hill Road (Route 803)/Retail Boulevard, in the Gainesboro Magisterial District,
and is identified by Property Identification Number 52 -A -252.
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 1, 2006
and further considered this application on December 20, 2006; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 28, 2007;
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 1.38 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for
commercial use, 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 402 -07
This ordinance shall be in effect on the date of adoption.
Passed this 28th day of February, 2007 by the following recorded vote:
Richard C. Shickle, Chairman Ave Barbara E. Van Osten Nay
Gary Dove Aye Bill M. Ewing Aye
Gene E. Fisher
Aye Charles S. DeHaven, Jr. Nay
Philip A. Lemieux Na-
A COPY ATTEST
h
Jo ' . Riley, Jr.
Fr erick County Administrator
PDRes #02 -07
DEC 5 20-00
P roffe r Statement
Propos
Glaize Property Rezoning
Rezoning #:
Property: 1.38 ACRES
PARCEL ID - 52 -A -252
Recorded Owner: Glaize Real Estate
Applicant: Mr. George Glaize, Jr.
Glaize Real Estate
30 North Cameron St.
Winchester, Virginia 22601
Project Name:
Original Date
of Proffers:
Revision Date (s):
Glaize Property Rezoning
September 02, 2005
January 10, 2006
February 20, 2006
May 24, 2006
September 1, 2006
September 26, 2006
October 4, 2006
October 11, 2006
November 21, 2006
November 29, 2006
Prepared by: PAINTER- LEWIS, P.L.C.
116 South Stewart Street
Winchester, VA 22601
Tel.: (540) 662 -5792
email: office @painterlewis.com
Job Number: 0507007
PROFFER STATEMENT
PARCEL ID 52 -A -25
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application # 1`4- O(o for the rezoning of
parcel 52 -A -252 from RA to B2, the use and development of the subject property shall
be in strict conformance with the following conditions set forth in this proffer except to
the extent that such conditions may be subsequently amended or revised by the
applicant and such are approved by the Board of Supervisors in accordance with the
Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be
binding on the owner and their legal successors or assigns.
PROFFERS
1.) Monetary contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the Treasurer of Frederick County for
the benefit of the Round Hill Community Fire and Rescue Company, No. 15 the sum of
$1,000.00 for impacts to fire and rescue services. This sum will be paid upon the
receipt of the first building permit issued subsequent to the approval of this rezoning for
any proposed structure.
2.) Generalized Development Plan
The owner agrees to proffer a Generalized Development Plan (GDP) dated 11/29/06 for
the purpose of identifying the general configuration of the proposed commercial
development and locations of site access.
3.) Restricted Access to Route 50
The owner agrees to install a right in only entrance on Route 50 eastbound, as required
by Virginia Department of Transportation. The design of the entrance will be shown on
the site plan.
4.) Route 803 Improvements
The owner agrees to install a right turn lane, southbound on 803, into the project, as
required by Virginia Department of Transportation. Improvements will also include a
sidewalk along Route 803, in conformance with Virginia Department of Transportation
standards. The improvements to Route 803 will be completed prior to the occupancy of
any structure on the property.
5.) Frontage Improvements
The owner agrees to provide curb and gutter along the frontage of the site, adjacent to
Route 50 and Route 803, as required by Virginia Department of Transportation. The
frontage improvements will be completed prior to the occupancy of any structure on the
property.
6.) Design Features
The owner agrees to provide a twenty (20) foot landscaped strip on the property running
parallel with the Route 50 boundary line of the property. The owner agrees to construct
a five (5) foot wide sidewalk running parallel with and contained within the landscape
page 2
PROFFER STATEMENT
PARCEL ID 52 -A -25
strip. The sidewalk will be owned and maintained by the property owner. The sidewalk
will be completed prior to the occupancy of any structure on the property. Within the 20
foot landscaped strip, the owner agrees to provide shade trees, one per forty (40) feet of
property frontage (totaling six (6)), and evergreen plants to create headlight screening.
The landscape features will be completed prior to the occupancy of any structure on the
property.
7.) Design Features — Signage
The owner agrees to limit freestanding signs to one monument sign, per development,
having a maximum size of 50 feet and a maximum height of 12 feet. This will be shown
on the site plan as part of the development requirements.
8.) Monetary Contributions
The owner agrees provide $10,000.00, for future transportation improvements within the
Route 50 right -of -way. This sum will be paid to the Treasurer of Frederick County prior
to the occupancy of any structure on the property.
9) Parking
The owner agrees that the development of the site will include no more than two (2)
rows of parking and one access aisle between any building and the Route 50 front yard
of the property. This will be shown on the site plan as part of the development
requirements.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the even that the Frederick
County Board of Supervisors grant this rezoning and accepts these proffers, then these
proffers shall apply to the land rezoned in addition to the other requirements of the
Frederick County Code. -- - — -
Submitted By
' (George Jr., 9Wner)
l 2 - / S l O h:
Date
City /County of t l'
Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this day of
200 b
�l I CCl I -�" 1 1
ary Public
My commission expires:
page 3
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