75A91C_SportsplexAMENDMENT
Action:
PLANNING COMMISSION: January 21, 2008 - Recommended Denial
BOARD OF SUPERVISORS: February 11, 2009 ID APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #16 -08 OF SPORTSPLEX
WHEREAS, Rezoning 916 -08 of Sportsplex, submitted by Patton Harris Rust & Associates, to rezone
6.02 acres from the B3 (Industrial Transition Business) District to the 132 (General Business) District, with
proffers dated August 12, 2008 and final revision date of December 23, 2008, for Commercial Uses, was
considered. The property is located on Commonwealth Court (Route 1167) west and adjacent to Interstate
81, in the Shawnee Magisterial District, and is identified by Property Identification Number 75 -A -91 C.
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 21, 2009;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 11, 2009;
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 6.02 acres from the B3 (Industrial Transition Business) District to the B2 (General Business)
District, for Commercial Uses, subject to the attached conditions voluntarily proffered in writing by the
applicant and the property owner.
PDRes. 406 -09
This ordinance shall be in effect on the date of adoption.
Passed this 11th day of February, 2009 by the following recorded vote:
Richard C. Shickle, Chairman Aye y A. Lofton Aye
Gar
Aye Bill M. Ewing Aye
Gary W. Dove
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Aye
Philip A. Lemieux
A COPY ATTEST
John R' Ril6y, Jr.
Frederick County Administrator
PDRes. #06 -09
PROPOSED PROFFER STATEMENT
REZONING: RZ # �o _O�
Industrial Transition (133) to Business General (B2)
PROPERTY: 6.02 acre + / -; Tax Map Parcel 75 -A -91C (the "Property ")
RECORD OWNER: Hodgson Construction, LLC
APPLICANT: Hodgson Construction, LLC
-r 2 3
PROJECT NAME: Sportsplex
ORIGINAL DATE
OF PROFFERS: August 12, 2008
REVISION DATE(S): October 3, 2008; October 22, 2008; November 25, 2008;
December 23, 2008
The undersigned hereby proffers that the use and development of the subject property
( "Property "), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced B2 conditional 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 County
Super -visors (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. The term "Applicant" as referenced
herein shall include within its meaning all future owners and successors in interest.
1. Site Development
1.1 Should the existing primary use of the Property cease as "Amusement and recreation
services operated indoors" as referenced by Standard Industrial Classification (SIC)
Code 79 by the Frederick County Zoning Ordinance and a new primary use is
proposed that would generate an Average Daily Trip (ADT) count that would exceed
the existing use per the I T E Trip Generation Manual, the Applicant shall prepare a
Traffic Impact Analysis in accordance with Virginia Department of Transportation
(VDOT) standards and shall provide a pro -rata share of the transportation
improvements. The pro -rata share of transportation improvements shall be based
upon the percentage of future traffic growth caused by the Property as determined
by the TIA and verified by Frederick County and VDOT for acceptable Levels of
Service (LOS) at subject intersections. The aforementioned pro -rata share of
transportation improvements may be in the form of constructed improvements
and /or monetary contribution which shall be provided by the Applicant to Frederick
County prior to operation of any fume primary use for the Property that would
necessitate the completion of a Traffic Impact Analysis as identified above.
Proffer Statement
Sportsplex
1.2 Within 90 days of receiving written request from Frederick County and VDOT, the
Applicant shall dedicate, at no cost, additional right of way across the Property
frontage with Interstate 81 in conformance with the attached exhibit entitled
"Sportsplex, I -81 Right of Way Reserve Area" dated November 18, 2008 revised
November 24, 2008 as prepared by Patton Harris Rust and Associates. As shown on
the Exhibit, said right of way reserve area shall be 62 feet in width as measured from
the existing Property line at the Southern Property boundary and shall taper to a
width of 9.5 feet adjacent to the existing patking located in the Southeastern portion
of the site. The right of way reserve area shall then taper to a width of 7 feet at the
Northern Property boundary. Should the right of way be dedicated at a future time,
the existing parking that is located within the 5 foot parking setback as required per
Section 165- 27E(13) of the Frederick County Zoning Ordinance shall be permitted
to remain in a legally non - conforming status. In the event the Applicant has not
received written request from the County and VDOT within 30 years of the date of
final rezoning, the Applicant shall not be responsible for providing said tight of way
dedication. (See Exhibit 1)
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 2 of 3
Proffer Statement
Respectfully submitted,
Hodgson Construction, LLC
By:
Date: /2/Z 3 �a s
Sportsplex
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
d
The foregoing instrument was acknowledged before me this 73 day of I P r 6
2008, by on,,41d
LILA M. TRIP LET
T
NOTARY PUBLIC
My commission ce ire 14 UFu- Commonwealth
_ of Virginia
Notary Public y Reg. #335897
TV Commission Expires Aug. 31, 2011
Page 3 of 3
Exhibit
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Patton, Harris,
Rust & Associates
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1 -81 Right of Way
Reserve
Area
117 E Picadilly St.
VGICE: 667 -2139
Winchester, Virginia
FAX: (540) 665 -0493
22601
(540)
FREOER/CA- COUN7Y,
YIRG/NA
Exhibit