441B_EasyLivingAssociatesAMENDMENT
Action:
PLANNING COMMISSION: April 18, 2007 - Recommended Approval
BOARD OF SUPERVISORS: May 9, 2007 ID APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #03 -07 OF Easy Living Associates
WHEREAS, Rezoning 903 -07 of Easy Living Associates, submitted by Greenway Engineering, to
rezone 4.02 acres from Ra (Rural Areas) District to B2 (General Business) District, and 15 acres from RA
District to B3 (Industrial Transition Business) District with proffers, for commercial uses, was considered.
The properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of
the Martinsburg Pike /Old Charles Town Road (Route 761) intersection, in the Stonewall Magisterial
District, and are identified by Property Identification Numbers 44 -1 -B, 44B-1-2,44B-1-3,44B-1-3A, 4413-
1-4 and 4413-1 -6.
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 18,2007; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 9, 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 confonnance 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 4.02 acres from Ra (Rural Areas) District to B2 (General Business) District, and 15 acres from
RA District to B3 (Industrial Transition Business) District with proffers, for commercial uses, as
described by the application and plat submitted, subject to the attached conditions voluntarily proffered
in writing by the applicant and the property owners.
PDRes. 430 -07
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of May, 2007 by the following recorded vote:
Richard C. Shickle, Chairman Nay Barbara E. Van Osten Aye
Gary Dove Aye Bill M. Ewing Ay e
Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye
Philip A. Lemieux Aye
A COPY ATTEST
John K.Yley, Jr.
Frederick County Administrator
PDRes. #30 -07
Greenway Engineering September 15, 2006 Easy Living Associates Rezoning
Revised March 21, 2007
Revised April 18, 2007
Revised April 30, 2007
Revised May 9, 2007
EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL
PROFFER STATEMENT
REZONING: RZ #03 -07
Rural Areas District (RA) to Business General District (132) and
Industrial Transition District (133)
PROPERTY: 19.02 acres + / -;
Tax Parcels #44- ((l)) -B, 44B- ((I)) -2, 44B- ((1)) -3, 44B- ((])) -3A,
44B- ((1)) -4, and 44B- ((1)) -6 (here -in after the "Property ")
RECORD OWNER: Easy Living Associates, Jacob H. Yost, BI, Manager
APPLICANT: Easy Living Associates (here -in after the "Applicant ")
PROJECT NAME: Easy Living Associates —Rt. 11 North Commercial
ORIGINAL DATE
OF PROFFERS: September 15, 2006
REVISION DATE: May 9, 2007
Preliminary Matters
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 #03 -07
for the rezoning of 19.02± -acres from the Rural Areas (RA) District to establish 4.02± -
acres of B -2, Business General District and 15.0± -acres of 13-3, 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 Property, more particularly described as the lands owned by Easy Living Associates,
being all of Tax Map Parcels 44- ((1)) -B, 44B- ((1)) -2, 44B- ((I)) -3, 44B- ((I)) -3A, 44B-
((1))-4, and 44B- ((I)) -6, and further described by Boundary Survey Plat prepared by Artz
and Associates, dated August 31, 2006 (see attached Boundary Survey Plat).
File #0633 /EAW t
Greenway Engineering September 15, 2006 Easy Living Associates Rezoning
Revised March 21, 2007
Revised April 18, 2007
Revised April 30, 2007
Revised May 9, 2007
A.) Generalized Development Plan
The Applicant hereby proffers to develop the Property in substantial conformity with the
attached Generalized Development Plan ( "GDP ") prepared by Greenway Engineering
dated April 30, 2007 that will be approved as a condition of the rezoning application.
The GDP shall identify the general location of the B -2 Zoning District area and the B -3
Zoning District area, the general location of the primary commercial street system and
entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned
private access drive serving the Easy Living Mobile Home Park, and the location of all
zoning district buffers. The length of the primary commercial street system identified in
the B -3 Zoning District area may be reduced without the need of a modified GDP for the
Property.
B.) Land Use Restrictions
1. The Applicant hereby proffers to prohibit the following land uses within the B -2,
Business General District portion of the Property:
Retail Nurseries
SIC 526
Truck Stops Only
SIC 5541
Hotels and Motels
SIC 701
Organization Hotels and Lodging
SIC 704
Car Washes
SIC 7542
Motion Picture Theaters
SIC 7832
Amusement and Recreation Services Operated Indoors
SIC 79
Golf Driving Ranges and Miniature Golf Courses
SIC 7999
Adult Retail
No SIC Indicated
2. The Applicant hereby proffers to prohibit the following land uses within the B -3,
Industrial Transition District portion of the Property:
Local and Suburban Transit
Motor Freight Transportation and Warehousing
Transportation by Air
Transportation Services
Truck Stops Only
Automobile Recovery Service
Automobile Repossession Service
Automotive Repair, Services and Parking
Motion Picture Theaters
Amusement and Recreational Services Operated Indoors
SIC 41
SIC 42
SIC 45
SIC 47
SIC 5541
SIC 7389
SIC 7389
SIC 75
SIC 7832
SIC 79
File #0633 /EAW
Greenway Engineering September 15, 2006 Easy Living Associates Rezoning
Revised March 21, 2007
Revised April 18, 2007
Revised April 30, 2007
Revised May 9, 2007
3. The Applicant hereby proffers to limit the total structural area on the Property to
120,000 square feet. The following identifies the allocation of the total structural area
square feet within the B -2, General Business District and the B -3, Industrial Transition
District portions of the Property:
B -2, General Business District
B -3, Industrial Transition District
30,000 total square feet (5,000 square feet
maximum restaurant)
90,000 total square feet
C.) Transportation Enhancements
1. The Applicant hereby proffers to limit the number of entrances to the Property
that intersect Martinsburg Pike (U.S. Route 11) to provide for one primary public
street entrance and for one commercial entrance.
2. The Applicant hereby proffers to relocate the existing entrance and access road
serving the Easy Living Mobile Home Park to connect to the primary commercial
street system in the general location indicated on the proffered GDP. The
Applicant shall construct this improvement at the same time that the primary
commercial street system is developed. Additionally, the Applicant hereby
proffers to provide a five -foot sidewalk along the southwest side of the primary
commercial street system to the private access drive and a five -foot sidewalk
along the south side of the private access drive to the adjoining property.
3. The Applicant hereby proffers to provide for an inter - parcel connection along the
southern boundary of tax map parcel 44B- ((1)) -2 as identified on the proffered
GDP, that will be identified on the Site Plan on this portion of the Property. The
appropriate area for the inter - parcel connection shall be reserved by easement by
the Applicant and shall be developed by others.
4. The Applicant hereby proffers to provide an additional 12 -foot paved travel lane
and shoulder along the entire frontage of the Property that will be constructed in
conjunction with the Site Plan in which the average daily traffic volume of the
cumulative Site Plans exceeds 500 VPD for the Property.
5. The Applicant hereby proffers to enter into a signalization agreement with the
Virginia Department of Transportation (VDOT) to fully fund a new traffic signal
at the primary public street entrance to the Property. This signalization
agreement will be executed with VDOT prior to first Site Plan approval for the
File #0633 /EAW 3
Greenway Engineering September 15, 2006 Easy Living Associates Rezoning
Revised March 21, 2007
Revised April 18, 2007
Revised April 30, 2007
Revised May 9, 2007
Property and will be installed when warranted by VDOT. In the event that traffic
signalization is not warranted at this intersection during the period of the
signalization agreement, the Applicant agrees to allow for the funding set forth in
the signalization agreement to be utilized for traffic signalization along the
Martinsburg Pike corridor. If traffic signalization is warranted at the subject
Property after the transfer of these funds occurs, then the funding to provide
traffic signalization at the subject Property shall be provided by VDOT, Frederick
County, or other funding sources.
6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00
that may be applied towards right -of -way acquisition, engineering, or
construction costs to allow for the development of intersection improvements at
Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route
672). This monetary contribution will be made to Frederick County within 90
days of first Site Plan approval.
7. The Applicant hereby proffers to dedicate a 10 -foot right -of -way to VDOT along
the entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This
dedication shall occur prior to the first Site Plan approval for the Property.
8. The Applicant hereby proffers a reservation of right -of -way on tax map parcel
44B- ((1)) -6 that is 50 feet in width and located within the defined 50 -foot buffer
area as identified between Al and A2 on the proffered GDP. The purpose of this
reservation shall be for the construction of a future public street system by others
that will provide access to the adjoining parcels along this portion of the Property.
The reserved 50 -foot right -of -way shall be dedicated to Frederick County within
90 days of written request by the County. The Applicant shall provide disclosure
of this right -of -way reservation and dedication on all plats and property deeds
that are impacted by the section of the proffer statement.
9. The Applicant hereby proffers a reservation of right -of -way on tax map parcel
44- ((I)) -B and tax map parcel 44- ((1)) -C, also owned by the Applicant, that is 50
feet in width and located within the area identified between 131 and B2 on the
proffered GDP. The purpose of this reservation shall be for the construction of a
future public street system by others which will replace a portion of the private
access drive located on the two identified parcels. The reserved 50 -foot right -of-
way shall be dedicated to Frederick County within 90 days of written request by
the County. The Applicant shall provide disclosure of this right -of -way
reservation and dedication on all plats and property deeds that are impacted by
this section of the proffer statement.
File #0633 1EAW 4
Greenway Engineering September 15, 2006 Easy Living Associates Rezoning
Revised March 21, 2007
Revised April 18, 2007
Revised April 30, 2007
Revised May 9, 2007
D.) Site Design Controls
1. The Applicant hereby proffers to provide a corridor enhancement strip along the
Martinsburg Pike (U.S. Route 11) frontage of the Property that is 20 feet in width
and located on the south side of the primary public street entrance adjacent to the
10 -foot right -of -way dedication specified in Section C(7) above. This corridor
enhancement strip will be developed in substantial conformity with the proffered
Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway
Engineering dated April 30, 2007, which shall include a 10 -foot wide asphalt
pedestrian trail, parking lot landscaping on the west side of the pedestrian trail and
deciduous flowering trees planted on 40 -foot centers, low lying shrubs and
flowers on the east side of the pedestrian trail. These improvements shall be
developed in conjunction with the improvements specified under Section C(4) of
this proffer statement.
2. The Applicant hereby proffers to limit business signs to one monument style sign
for the land uses on the B -3 District portion of the Property that will be limited to
a maximum height of 15 feet and 100 square feet in each message face area, and
two monument style signs for the land uses on the B -2 District portion of the
Property that are each limited to a maximum height of 10 feet and 50 square feet
in each message face area as an enhancement to the Martinsburg Pike corridor.
3. The Applicant hereby proffers to prohibit the use of metal buildings on the B -2
District portion of the Property and to utilize similar construction themes and
building materials limited to brick, stone, false stone, split -face block, simulated
stucco, wood and glass on three sides of the primary land use structures within
this portion of the Property.
4. The Applicant hereby proffers to preserve a 50 -foot strip of the existing
vegetation surrounding the north, east and west boundaries of the B -3 District
portion of the Property to be utilized as a full screen as identified on the proffered
GDP. Additionally, the Applicant hereby proffers to provide a single row of
evergreen trees immediately adjacent to the 50 -foot vegetation strip that are a
minimum of four feet in height and planted on 10 -foot centers. The 50 -foot
vegetation strip will be field located in conjunction with each Site Plan to allow
the Planning Department to determine if additional evergreen trees are needed to
achieve the function of a full screen.
5. The Applicant hereby proffers to establish a full buffer and screen within the area
identified on tax map parcel 44B- ((1)) -6 between the two black dots and labeled
as 50' Buffer — See Proffer D5 on the proffered GDP. The full buffer and screen
shall contain an opaque element that is six feet in height, 64 evergreen trees that
are a minimum of four feet in height at planting, and 32 deciduous trees that are a
File #0633 /HAW 5
Greenway Engineering September 15, 2006 Easy Living Associates Rezoning
Revised March 21, 2007
Revised April 18, 2007
Revised April 30, 2007
Revised May 9, 2007
minimum two -inch caliper at planting (total of 4 trees per 10 linear feet). This
full buffer and screen shall be installed in conjunction with the first Site Plan that
is developed within the B -3 District portion of the Property.
6. The Applicant hereby proffers that the screening requirements identified in
Sections D(4) and D(5) may be modified upon the construction of a public street
by others pursuant to Sections C(8) and C(9) of this Proffer Statement.
E.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10
per proffered building square foot), of which $6,000.00 is to be for the Clearbrook
Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue
services. The monetary contribution shall be made payable to the Frederick County
Treasurer at the time of issuance of the building permit for the first Site Plan approved on
the Property.
File #0633 /EA W 6
Greenway Engineering September 15, 2006 Easy Living Associates Rezoning
Revised March 21. 2007
Revised April 18, 2007
Revised April 30, 2007
Revised May 9, 2007
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 this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully Submitted:
EASY LIVING ASSOCIATES
By: s �' 0 7
,%facob.H. Yost, III, - Manager Date
Commonwealth of Virginia, rr-
City /Coinf _ _ _ 1-redeylcL To Wit:
The foregoing instrument was acknowledged before me this t Q+tday of Ho
20La by i Cob [4 �CS� r � l V— ky)Cc<f V-
PVV r..wJN
Notary Public
My Commission Expires r c hbi/r u 2- 2CC8
File #0633 /EAW 7
GtREENWX' ENC;INEERING
151 WINDY HILL LANE
Engineers WINCHESTER, VA. 22602
Surveyors TELEPHONE: (540) 662 -4165
FAX: (540) 722 -9526
Founded in 1971 www.greenwayeng.com
I MARTINSBURG PIKE CORRIDOR ENHANCEMENT EXHIBIT tALE: TE: 4 -30 -07
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