53A74_BotanicalSquareAMENDMENT
Action-
PLANNIN G COMMISSION: October 1, 2D08 - Recommended Approval
BOARD OF SUPERVISORS: October 22, 2008 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 408 -08 OF BOTANICAL SQUARE
WHEREAS, Rezoning 908 -08 of Botanical Square, submitted by Painter- Lewis, PLC, to rezone 4.15
acres from RA (Rural Areas) District to B2 (General Business) District, with proffers dated February 7,
2008 and final revision dated October 9, 2008 for Commercial Use, was considered. The properties are
located on Route 50 West, at the northeast corner of the Route 50 and Botanical Drive intersection,
approximately ' / 4 mile west of Route 37, in the Back Creek Magisterial District, and are identified by
Property Identification Numbers 53 -A -74, 53 -A -75, 53 -A76 and 53 -A -77.
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 1, 2008; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 22 2008; 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 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, subject to the
attached conditions voluntarily proffered in writing by the applicant and the property owner.
PDRes #33 -08
This ordinance shall be in effect on the date of adoption.
Passed this 22 day of October, 2008 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Gar W. Dove A y e Bill M. Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Philip A. Lemieux
Aye
A COPY ATTEST
John R! Riley, K.
Fr6rick County Administrator
PDRes. 433 -08
I r
Rezoning #:
Property: 4.15 acres
PARCEL ID's: 53 -A -74
Recorded Owner: Carolyn R. Turner
PARCEL ID's: 53-A-75,53-A-76,53-A-77
Recorded Owner: Robert B. and Nancy R. Johnson
Applicant: Omni Design /Build, Inc.
20288 Blueridge Mountain Road
Paris, VA 20130
-- Project Name: Botanical Square
Route 50 West
Original Date
of Proffers:
Revision Date(s)
February 7, 2008
July 1, 2008
OCt.J LCIIiUCI LV, LVVV
October 9. 2008
Prepared by: PAINTER- LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
Tel.: (540) 662 -5792
email: office @painterlewis.com
Job Number: 0612010
PROFFER STATEMENT
PARCEL ID PARCEL ID's: 53-A-74,53-A-75,53-A-76,53-A-77
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 # for the rezoning of parcels TM #s 53-
A-74, 53 -A -75, 53 -A -76, 53 -A -77 from RA to B2, the use and development of the subject
property (the site) 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 owners and their legal successors or assigns. For the purposes of these
proffers, the property includes all or any portion of parcels TM #s 53 -A -74, 53 -A -75, 53 -A -76,
and 53 -A -77.
1.) Generalized Development Plan
The applicant agrees to proffer the Generalized Development Plan (GDP) dated 07/01108,
identified as "Botanical Square /Route 50 West ", and which is attached to the Proffer
Statement, for the purpose of identifying the general configuration of the proposed
commercial development, the location of the principal site access, the location of parking
areas, the location of a 50' landscaped buffer along Route 50, and transportation
improvements. Please refer to the attached drawing named "GDP ".
2.) Route 50 Right of Way Improvements
The applicant will make the necessary road frontage improvements, as required by Virginia
Department of Transportation, to Route 50 and Botanical Boulevard in support of the
proposed development. The improvements will be designed and submitted for approval to
the Virginia Department of Transportation and Frederick County Planning during the site
plan review process.
3.) Improvements to Botanical Boulevard and Traffic Signalization
The applicant will make the necessary road frontage improvements including pedestrian
facilities, as required by Virginia Department of Transportation and Frederick County, to
Botanical Boulevard in support of the proposed development. The improvements will be
designed and submitted for approval to the Virginia Department of Transportation and
Frederick County Planning during the site plan review process. In anticipation of the warrant
for a traffic signal, the applicant will enter into a signalization agreement with the Virginia
Department of Transportation providing for payment by the applicant for the cost of the
design and installation of traffic signalization at the intersection of Botanical Boulevard and
the site entrance when warranted by VDOT. The agreement will be executed prior to the
receipt of the first building permit issued for the site, subsequent to the approval of this
rezoning. In the event that traffic signalization is not warranted by VDOT and no
signalization agreement is executed, the applicant agrees to pay $150,000.00, for future
transportation improvements within the Route 50 and Botanical Boulevard rights -of -way.
This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any
structure on the property excluding, however, occupancy of the existing structures on the
property which are currently occupied for residential use.
page 2
PROFFER STATEMENT
PARCEL ID PARCEL ID's: 53-A-74,53-A-75,53-A-76,53-A-77
4.) Monetary Contribution to Frederick County Service Organizations
The applicant will donate or will cause to be paid to the Treasurer of Frederick County for
Fire and Rescue services the sum of $5,000.00 for impacts to fire and rescue services. This
sum will be paid upon the receipt of the first building permit issued for the site, subsequent
to the approval of this rezoning.
5.) Route 50 Buffer
The applicant agrees to construct a ten (10) foot wide pedestrian trail running parallel with
Route 50 within a fifty (50) foot wide buffer running concurrently with the Route 50 right -of-
way. The trail will be paved with an all weather surface acceptable to the Frederick County
Department of Planning and Development. The buffer will contain no permanent surface
improvements with the exception of the pedestrian trail, landscape elements, means of
access, and utility riser structures. The trail will be owned and maintained by the property
owner(s). The buffer will be landscaped by the inclusion of one shade tree per 40 linear feet
of road frontage (minimum 10 trees) and one ornamental shrub per 5 linear feet of road
frontage (minimum 80 shrubs) or the applicant will preserve a roughly equivalent amount of
existing vegetation, or a combination thereof. A landscape /buffer plan will be submitted
along with the first site plan for the site or any portion thereof. The trail and buffer will be
completed prior to the occupancy of any structure on the site excluding, however,
occupancy of the existing structures on the property which are currently occupied for
residential use.
6.) Building Design
The proposed buildings shall be constructed using compatible architectural style and
materials. Design elements shall be compatible with Frederick County and will respect the
continuity and character of the existing architectural fabric of the surrounding community.
The principal fagade in addition to any fagade facing Route 50 and Botanical Boulevard
shall be limited to one or a combination of the following materials: cast stone, stone, brick,
glass, wood, stucco, or other high quality, long lasting masonry materials.
7.) Location of Parking
The owner agrees that the development of the site will include no more than one (1) row 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.
8.) Maximum Floor Area
The applicant agrees to limit the gross commercial floor area that will be built on the 4.15
acres to 36,000 square feet.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owners. In the event that the Frederick County
Board of Supervisors grants 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.
page 3
PROFFER STATEMENT
PARCEL ID PARCEL ID's: 53 -A -74, 53 -A -75, 53 -A -76, 53 -A -77
Carolyn R. Turner
it /County of
Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this
C C , 200 F
�X�u 3�1
Not ry Public
My commission expires: 1 1 3 '
I S day of
page 5
PROFFER STATEMENT
PARCEL ID PARCEL ID's: 53 -A -74, 53 -A -75, 53 -A -76, 53 -A -77
Submitted By: -
Nancy R. tbhnson
City /County of Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this 10 day of
oc+ 1 200 S
� 13�)9
N ary Public `� ��/
My commission expires:
page 4
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CONSULTING
ENGINEERS
P FAI TER m V V I ' 0 1 =3 1,C11
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
Telephone (540)662 -5792
Facsimile (540)662 -5793
Email: office @painterlewis.com
PROJECT:
BOTANICAL SQUARE
ROUTE 50 WEST
OMNI DESIGN /BUILD, INC.
FREDERICK COUNTY, VIRGINIA
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CONSULTING
ENGINEERS
P FAI TER m V V I ' 0 1 =3 1,C11
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
Telephone (540)662 -5792
Facsimile (540)662 -5793
Email: office @painterlewis.com
PROJECT:
BOTANICAL SQUARE
ROUTE 50 WEST
OMNI DESIGN /BUILD, INC.
FREDERICK COUNTY, VIRGINIA