64A40I_AdmiralByrdCenterAMENDMENT
Action:
PLANNING COMMISSION: August 1, 2007 - Recommended Approval
BOARD OF SUPERVISORS: August 22, 2007 �@ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #05 -07 OF ADMIRAL BYRD CENTER
WHEREAS, Rezoning #05 -07 of Admiral Byrd Center, submitted by Stowe Engineering, PLC, to
rezone 1 l .4 acres from MI (Light Industrial) District to B2 (General Business) District, with proffers, for
office and retail uses, was considered. The property is located on the south side of Airport Road (Route
645) directly across from the Winchester Regional Airport terminal building in the Shawnee Magisterial
District, and is identified by Property Identification Number 64- A -40I.
WHEREAS, the Planning Commission held a public hearing on this rezoning on June 6, 2006, and
recommended approval at a public meeting on August 1, 2007; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 22, 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 11.4 acres from Ml (Light Industrial) District to B2 (General Business) District, for office and
retail uses, subject to the attached conditions voluntarily proffered in writing by the applicant and the
property owner.
PDRes #40 -07
This ordinance shall be in effect on the date of adoption.
Passed this 22nd day of August, 2007 by the following recorded vote:
Richard C. Shickle, Chairman
Gary W. Dove
Gene E. Fisher
Philip A. Lemieux
Nay Barbara E. Van Osten Aye
Nay Bill M. Ewing Aye
Aye Charles S. DeHaven, Jr. Aye
Aye
A COPY ATTEST
t
Johrvk. x iley, Jr.
FredeWck County Administrator
PDRes 440 -07
April 30, 2007
June 4, 2007
July 8, 2007
August 6, 2007
Admiral Byrd Center
Proffer Statement
REZONING: RZ9 OS b3
M -1 TO B -2
PROPERTY: 11.4 Acres + /- a portion of the total parcel
Total Parcel 23.4059 Acres
Tax Parcels 64 -A-40I
RECORD Michael J. Bermel
OWNER:
Admiral Byrd Center Remn'vrg
APPLIC ANf: Michael J. Bermel (hereinafter referred to as Applicant)
PROJECT NAME: Admiral Byrd Center
ORIGINAL
PROFFER DATE:
REVISION
DATES:
Preliminary Matters
April 30, 2007
August 6, 2007
Pursuant to Section 15.2 -2296 et. Seq. of the Code of Virginia, (1950, as amended),(the
"Code ") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance ")
with respect to conditional zoning, Michael J. Bermel (the Applicant) as the owner of the
land parcel identified as 64- A -40I, identified on the attached Zoning Plat Map prepared
by Urban Engineering dated November 2005, containing 23.5 + /- acres for which
Page I of 6
April 30, 2007 Admiral Byrd Cen[ Rezoning
June 4, 2007
July 8, 2007
August 6, 2007
rezoning has been requested for 11.4 + /- acres (the Site) on behalf of himself and his
successors in interest, does hereby voluntarily proffer that in the event that if 11.4 +/-
acres of the property is rezoned by the Board of Supervisors of Frederick County,
Virginia, to B -2 Business — General District, development of the site shall be in
conformity with the conditions set forth in this proffer statement. These proffered
conditions are the only conditions offered for this rezoning and any prior conditions
applicable to the Site are hereby declared null and void and shall have no force and effect
upon the development of the Site at such time as the County approves this zoning map
amendment petition, except 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 binding effect whatsoever. Upon approval of such rezoning, these proffers
shall be binding upon applicants and their successors and assigns.
Transportation Enhancements
1. Airport Road
The Applicant hereby proffers to dedicated right of way for and construct the
remaining portions of the ultimate typical section for Airport Road on the southern
side of the roadway and adjacent to the Site. These improvements will extend from
the western intersection of Admiral Byrd Drive with Airport Road, to the eastern
intersection of Admiral Byrd Drive with Airport Road, and will generally consist of
construction of a continuous right turn lane with curb and gutter, and sidewalk along
Airport Road.
2. Victory Drive — Millwood Pike (Rte 50) intersection
The Applicant hereby proffers to enter into a signalization agreement with the
Virginia Department of Transportation (VDOT) for the purpose of providing traffic
signalization at the intersection of Victory Drive and Millwood Pike (Route 50). The
cost basis of this signalization agreement shall be determined by VDOT based on
Page 2 of 6
April 30, 2007 Admiral Byrd Center Rezom ag
June 4, 2007
July 8, 2007
Aug.t6, 2007
traffic studies prepared for projects impacting the intersection, with said traffic signal
installed at such time as warranted based on studies by VDOT.
Design Standards
The Applicant hereby proffers to utilize compatible construction materials and themes
for all commercial construction on the Site. The principal construction materials shall
be from among those permitted in the "Protective Covenants of Airport Business
Center" which is on record in the Frederick County land records in Deed Book 693
Page 434 and which pertains to the subject parcel, and shall be further limited to
brick, architectural block or stone, stucco or simulated stucco, wood, or glass.
Roofing material visible adjacent streets will be standing seam metal or architectural
shingles. These construction materials shall be utilized on all building walls and
rooflines which face public streets (north, east and west sides).
2. The applicant proffers that the buildings will be up to four stories tall, and that any
canopies or drive - through areas will not front on Airport Road.
3. The applicant hereby proffers that no more than 23,000 square feet of gross floor area
will be utilized by a single retail entity, and that the retail uses will be located on the
first floor of all buildings.
4. Walkways /sidewalks will be provided adjacent to public streets and on site to
facilitate pedestrian movements internal to the Site. Provisions for future extensions
of walkways /sidewalks to points outside of the site will be provided. All walkways on
the site will be a minimum of 5' in width.
5. Freestanding signs constructed on the site will be monument type design. Signs
adjacent to and visible from public right of ways will be limited to one sign at each
entrance for the site.
6. Outdoor advertising flags and banners will be prohibited.
Page 3 of 6
April 30, 2007 Aamirsl Byrd Center R..ivg
June 4, 2007
July 8, 2007
August 6, 2007
Commercial Land Use
1. The applicant hereby proffers to prohibit the following land uses within the B -2 area
of the property:
2. The applicant hereby proffers that no more than 40% of the gross floor area on the site
will be retail uses.
Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers that in the event this rezoning application is approved, the
applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick
County, Virginia $5000.00 to offset the additional cost to Frederick County, and more
specifically Frederick County Fire and Rescue. This monetary contribution shall be
provided to the Frederick County Treasurer at the time of the building permit issuance for
the first building in the Admiral Byrd Center project.
Page 4 of 6
USE
SIC
a.
Drive -In Theater
7833
b.
Supermarkets
5411 except convenience food
stores - retail
C.
Electric and gas utility transmission
and distribution facilities
4911, 4923
d.
Golf driving ranges and miniature
g olf courses
7999
C.
Electrical supply sales wholesale
4911
f.
Commercial outdoor batting cages
7999
g.
Adult retail
h.
Religious Organizations
8661
i.
Funeral homes
7261
j.
Retail nurseries
5261
k.
Drinking Places (alcoholic
Beverages)
5813
2. The applicant hereby proffers that no more than 40% of the gross floor area on the site
will be retail uses.
Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers that in the event this rezoning application is approved, the
applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick
County, Virginia $5000.00 to offset the additional cost to Frederick County, and more
specifically Frederick County Fire and Rescue. This monetary contribution shall be
provided to the Frederick County Treasurer at the time of the building permit issuance for
the first building in the Admiral Byrd Center project.
Page 4 of 6
April 30, 2007 Admiral Byrd Center Ramming
June 4, 2007
July 8, 2007
August 6, 2007
General Development Plan
The applicant proffers to develop the subject property in substantial conformity with
the attached proffered Generalized Development Plan (GDP) prepared by Stowe
Engineering, PLC dated July 8, 2007. The GDP is recognized to be a conceptual plan
and may be refined by the applicant to accommodate final design and engineering
constraints without the need for reapproval by the Board of Supervisors.
2. The GDP shall identify no more than three access points to be made from public
streets to access the B -2 area.
3. The GDP provides for an area of enhanced landscaping along Airport Road,
consisting of a 25' wide landscaping buffer adjacent to the Airport Road right of way.
In this buffer a 36" high meandering earthen berm will be provided with plantings
consisting of no less than 20 shrubs and /or trees per 50 feet of berm. The plantings
will be placed as nodes and/or linear plant configurations to provide the desired
aesthetic benefits.
Page 5 of 6
April 30, 2007
June 4, 2007
July 8, 2007
August 6, 2007
Signatures
Admval Byrd Center Rezoning
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 Boards of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to land rezoned in addition to other requirements set
forth in the Frederick County Code.
Respectfully Submitted,
By:
Date:
Michael J. 4Be
State of Virginia
City /County of To Wit:
of _Wi The 2
fore oing Ins b meat W, aFknowle be�c _ is � day
ng
Notary Public
My Commission expires 3 2O 1 U
KATHERINE A. GOMEZ
Notary Public
Commonwealth of Virginia
4048479
I My Commission Expires May 31. 2010
Page 6 of 6
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