53A81_Route50AssistedLivingFacilityAMENDMENT
Action:
PLANNING COMMISSION: September 17, 2008 - Recommended Denial
BOARD OF SUPERVISORS: October 22, 2008 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #06 -08 OF ROUTE 50 ASSISTED LIVING FACILITY
WHEREAS, Rezoning #06 -08 of Route 50 Assisted Living Facility, submitted by Bowman Consulting,
to rezone 10.47 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers dated
February 22, 2008 and final revision dated October 10, 2008, was considered. The properties are located
on the south side of Northwestern Pike (Route 50), west of the intersection of Ward Avenue and Route 50,
in the Back Creek Magisterial District, and are identified by Property Identification Numbers 53 -A -81, 53-
A-82, 5313-3 -24 and 5313-3 -25.
WHEREAS, the Planning Commission held a public hearing on this rezoning on August 20, 2008,
and a public meeting was held on September 17, 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 10.47 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 #32 -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
Gary W. Dove Aye Bill M. Ewing
Gene E. Fisher Aye Charles S. DeHaven, Jr.
Philip A. Lemieux Aye
A COPY ATTEST
Aye
Aye
Aye
Johp Rfle}T, Jr. - "
Fr rick County Administrator
PDRes. #32 -08
PROPOSED PROFFER STATEMENT
REZONING: RA TO B2
PROPERTY: 10.47 Acres / Tax Map Parcels: 53 -A -81, 53 -A -82, 5313-3 -24 &
5313-3 -25
RECORD OWNERS: Darla Poe Funkhouser
Sharon S. Poe
PHTH Properties, LLC
Marathon Bank/United Bank
APPLICANT: HHHunt Corporation
PROJECT NAME: Route 50 Assisted Living Facility
PROFFER DATE: February 22, 2008
Revised: June 24, 2008; August 18, 2008;
September 5, 2008; September 29, 2008;
October 14, 2008, October 20, 2008
The undersigned hereby proffers that the use and development of the subject property
( "Property "), as identified above, shall be in strict conformance with the following conditions.
In the event that the above referenced 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 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.
Any improvements or other requirements proffered herein below shall be provided at the time of
development of that portion of the Property adjacent to or including the proffered improvement
or other proffered requirement, and no later than the time of issuance of a Certificate of
Occupancy unless otherwise specified herein. When used in these proffers, the Generalized
Development Plan shall refer to the one page plan entitled "HHHunt Corporation Route 50
Assisted Living Facility ", dated January 2008 and prepared by Bowman Consulting Group,
LTD. and bearing the revision date October 14, 2008 ( "GDP ").
The five foot (5') strip acquired from the Marathon Bank /United Bank property (Parcel 53B -3-
24) shall be incorporated by Boundary Line Adjustment plat into Parcel 5313-3 -25, as shown on
the GDP, and shall be subject to all applicable proffers. With the exception of Paragraph 3.2
below, the remainder of Parcel 5313-3 -24 shall be exempt from these proffers.
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 reference herein shall include within its meaning all
future owners and successors in interest. The Applicant hereby proffers as follows:
1. LAND USE/ BUILDING
1.1 The Applicant intends to develop the property with up to 75,000 SF of assisted
living care facility use. All other B -2 uses shall not be permitted on this site
unless they are approved by Frederick County as part of a revised Proffer
Statement.
1.2 All site improvements, as shown in the GDP, such as: Route 50 frontage
improvements; Ward Avenue frontage improvements; an enhanced 100' road
efficiency buffer along Route 50; enhanced Category B buffer yards along east,
west, and south property lines; on -site drive aisles and parking; sidewalks; and
site landscaping and lighting shall be constructed or bonded by the Applicant at
the earlier of within twenty -four (24) months of Zoning Approval or issuance of a
Certificate of Occupancy. This does not include connections to future adjacent
roads as illustrated on the GDP.
2. SITE DEVELOPMENT
2.1 Site entrances shall be limited to three (3) as shown on the GDP. The primary
access to the site will be from Ward Avenue and the secondary access to the site
will be by an improved right in/right out entrance along Route 50. Egress via the
right in/right out entrance shall be restricted to Allegheny Power vehicles only,
and shall be posted with signage accordingly. The third access point is shown
along the southern boundary to maintain access to the existing Allegheny power
service substation and to allow for a future connection to the Round Hill Road
extension by others. The exact design and location of each entrance shall be
determined upon final engineering and pursuant to the specifications and approval
of the Virginia Department of Transportation (VDOT).
2.2 The Applicant agrees to use a mix of brick and siding to break up the elevations
of the structure and to provide an attractive facility generally as depicted in
exhibits provided and which are attached and incorporated as Exhibit A. Any
future additional structures will be required to use compatible materials for design
continuity.
3. TRANSPORTATION
3.1 The Applicant agrees to dedicate a 25' right of way to allow for the construction
by others of the future Round Hill Road extension as depicted on the GDP. Such
dedication shall occur within ninety (90) days of receipt of a written request from
either VDOT or Frederick County. If it is determined by Frederick County that
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the alignment of the southern road (anticipated to be the future Round Hill Road
extension) changes such that all or any portion of the proposed dedication is
outside of the new alignment, the Applicant will be relieved of the obligation to
dedicate all or a portion of the right of way to the extent that the proposed
dedication is outside the new alignment.
3.2 Right -of -way shalt be dedicated along the Ward Avenue frontage of Parcel 5313-
3-24 and Parcel 5313-3 -25 to permit the continuation of the three (3) lane curb and
gutter road section to the southern boundary line of the Property (Parcel 5313-3-
25), and to allow for the construction of the proposed improvements to Ward
Avenue as shown on the GDP. The Applicant shall dedicate all such right -of -way
within twelve (12) months of Zoning Approval.
3.3 The Applicant will allow for inter - parcel access to adjacent properties to help
facilitate future connectivity within the Round Hill Land Use Plan (RHLUP) area.
The location(s) of such future inter - parcel connections shall be determined after
agreement with the adjacent property owners.
3.4 The Applicant agrees to contribute to Frederick County the sum of $25,000.00 for
additional road improvements in the vicinity of the development. The payment
shall be made by the Applicant upon the issuance of the building permit.
4. FIRE & RESCUE
4.1 The Applicant shall contribute to Frederick County the sum of $100,000.00 for
fire and rescue purposes upon the issuance of the building permit. In addition, the
Applicant agrees to make an annual contribution in the amount of $5,000.00 to
Frederick County to be used for fire and rescue purposes. Said payment shall be
made on or before each annual anniversary of the issuance of the first building
permit for the Property. Said annual $5,000.00 payment shall expire when and if
Frederick County requires a fee - for - service for the dispatch of fire or rescue
vehicles.
[SIGNATURES ON THE FOLLOWING PAGES]
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Respectfully submitted,
L z &V
W. R. `Bo" Cook, Jr.
(Applicant)
STATE OF 1 LY1 Ck _ AT LARGE
- GHY--/ COUNTY f To -wit: /1
The foregoing instrument was acknowledged before me this Jo day of Man,
2008, by W. Jr.
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My commission expires: G #324
Registration No.:
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Darla Poe Funkhouser
(Owner)
COMMONWEALTH OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this s� day of
2008, by W.R. "Bo" Cook, Jr., attorney -in -fact pursuant to a Special Limited Power of Attorney.
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= REG # 324329
My commission expires: MYCGMh1ISSI0N r
Registration No.:
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PHTH Properties, LLC
(Owner)
COMMONWEALTH OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this jj) day of
2008, by W.R. `Bo" Cook, Jr., attorney -in -fact pursuant to a Special Limited Power of Attorney.
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My commission expires: REG # 32 =
Registration No.: _ i MY COMMISSION -
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Sharon S. Poe
(Owner)
COMMONWEALTH OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day offfibW
2008, by W.R. `Bo" Cook, Jr., attorney -in -fact pursuant to a Special Limited Power of Attorney.
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MARATHON BANK/UNITED BANK
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STATE OF IY 1 Q., AT LARGE
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The foregoing instrument was acknowledged before me this � day of (20CW
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