53AA5_UngerPropertyAMENDMENT
Action:
PLANNING COMMISSION: September 17, 2008 - Recommended Denial
BOARD OF SUPERVISORS: October 8, 2008 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 407 -08 OF UNGER PROPERTY
WHEREAS, Rezoning 907 -08 of Unger Property, submitted by Painter- Lewis, PLC, to rezone .49 acres
from B2 (General Business) District to B2 with proffers, and. 85 acres from RP (Residential Performance)
District to B2 (Business General) District with proffers dated August 6, 2008 and final revision dated
September 29, 2008, for Commercial Use, (13,225 sf Pharmacy), was considered. The properties are
located on North Frederick Pike (Route 522) between Westminster Canterbury Drive and Hickory Lane, in
the Stonewall Magisterial District, and are identified by Property Identification Numbers 53A -A -5 and
53A -A -6.
WHEREAS, the Planning Commission held a public hearing on this rezoning on September 17, 2008;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 8, 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 .49 acres from B2 (General Business) District to B2 with proffers, and .85 acres from RP
(Residential Performance) District to B2 (Business General) District, for commercial use, subject to the
attached conditions voluntarily proffered in writing by the applicant and the property owner.
PDRes931 -08
This ordinance shall be in effect on the date of adoption.
Passed this 8th day of October, 2008 by the following recorded vote:
Richard C. Shickle, Chairman A y e Gary A. Lofton Aye
Gary W. Dove Aye Bill M. Ewing Aye
Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye
Philip A. Lemieux
Aye
A COPY ATTEST
Joh R. iley, r.
Frederick County Administrator
PDRes #31 -08
Uri R PROPERTY d
7.
,oute 522-Morth Frederick Pike-
Rezoning M
Property: PARCEL ID: 53A -A -5: 0.49 acres
PARCEL ID: 53A-A-6:0.85 acres
Recorded Owner: Frances A. Unger
Applicant: Painter - Lewis, PLC
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
Project Name: Unger Property Tm # 53A -A -6, 53A -A -5
Original Date
of Proffers: July 15, 2008
Revision Date(s): August 6, 2008
September 3, 2008
September 29, 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: 0803001
PROFFER STATEMENT
PARCEL ID: 53A -A -6, 53A -A -5
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 # c °7-oV for the rezoning of parcels TM# 53A-
A-6 from RP to B2 and 53A -A -5 from B2 to B2 with proffers, 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 subsequent amendments or revisions to such conditions
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.) Generalized Development Plan
The use and development of the subject property shall be in conformity with the
Generalized Development Plan, identified as "GDP" and dated 09/29/08 and which is
attached to the proffer statement. The GDP is for the purpose of identifying the general
configuration of the proposed commercial development, the use of the site, the location of
interparcel access easements, and construction improvements to Route 522 and Route
1318.
2.) Improvements to Route 522 and Route 1318
The applicant will make the necessary road frontage improvements, as required by Virginia
Department of Transportation, to Route 522 and Route 1318 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. All improvements listed below and approved by VDOT will be constructed
prior to issuance of a certificate of occupancy for the proposed pharmacy.
The improvements will include:
a) The design and construction of a right turn lane eastbound into the site with an
extension along the frontage of the parcel identified by PIN 53A -2 -D -C (Continental
Restaurant);
b) The design and construction of a right in /right out entrance from Route 522 to serve
the subject parcel and the parcel identified by PIN 53A -2 -D -C via a permanent
access easement;
c) The design and construction of a right turn lane northbound on Route 1318 at its
intersection with Route 522;
d) The design and construction of a right out exit from the parcel identified by PIN
53A- 2 -D -C;
e) The design and construction of the closure of the median break at Hickory Lane;
f) The design and construction of a left turn lane at the second crossover to the south
on Route 522.
g) The design and construction of a 10' wide, asphalt bicycle /pedestrian path along
the Route 522 frontage and sidewalk along the Route 1318 frontage as generally
depicted on the GDP.
page 2
u.
PROFFER STATEMENT
PARCEL ID: 53A -A -6, 53A -A -5
3.) Parcel Usage
The applicant agrees to limit the use of the parcel to that of a pharmacy containing
approximately 13,225 square feet and associated improvements that will be constructed as
generally shown on the GDP.
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
the benefit of the Round Hill Community Volunteer Fire and Rescue Company 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 for the site.
5.) Inter - parcel Circulation and Access
The applicant agrees to provide an interparcel access easement for the benefit of the
parcel identified by PIN 53A -2 -D -C located to the east of the site. The general location of
the easement is shown on the GDP. The easement will be created with the first site plan
for the development of the site.
6.) Drainage Improvements for Westbury Commons
The applicant agrees to design and install drainage structures which will collect the storm
water discharge from the storm water management facility on the Westbury Commons site
and convey the discharge to the Route 522 drainage system. These drainage structures
will be installed only under the conditions that 1) the property owners of Westbury
Commons grant reasonable access to the property and 2) said access is granted prior to
the commencement of construction of the proposed pharmacy. The applicant agrees to
create a 10' drainage easement for the benefit of Westbury Commons running through the
site to allow for the conveyance of storm water runoff from Westbury Commons to the
Route 522 drainage system. The easement will be created with the first site plan for the
development of the site in the event of the conditions listed above. The approximate
location of the proposed 10' drainage easement on the site and the approximate
configuration of a temporary construction easement on the property of Westbury
Commons is shown on the GDP.
7.) Building Design
The building to be erected on the site shall be constructed using cast stone or brick or
other masonry material with stucco accents. Screen walls for the trash receptacle and
compactor shall be constructed using a cast stone or brick to match the building.
page 3
~ PROFFER STATEMENT
PARCEL ID: 53A -A -6, 53A -A -5
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the event 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:
Frances A. Unger
City /County of �`� �1 C �1 ESte r Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this C day of
O 0f- V' , 200 O
(:�v a�A
Not Public
Notary Registration number: 93 1� 1
My commission expires: IQ 1 /1
page 4
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Telephone (540)662 -5792
FREDERICK CO., VIRGINIA
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