44A43_BishopAmariPropertyAMENDMENT
Action:
PLANNING COMMISSION: May 20, 2009 - Recommended Approval
BOARD OF SUPERVISORS: June 24, 2009 U APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02 -09 OF THE BISHOP -AMARI PROPERTY
WHEREAS, Rezoning #02 -09 of The Bishop -Amari Property, submitted by Greenway Engineering, to
rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for
Commercial Uses, was considered. The property is located in the northeast quadrant of the intersection of
Martinsburg Pike (Route 11) and Old Charles Town Road (Route 761), in the Stonewall Magisterial
District, and is identified by Property Identification Number 44 -A -43.
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 15, 2009 and a
public meeting on May 20, 2009; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on June 24, 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 rezone 2.77 acres from RA (Rural
Areas) District to B2 (General Business) District for Commercial Uses, subject to the attached
conditions voluntarily proffered in writing by the applicant and the property owner.
PDRes A 18 -09
This ordinance shall be in effect on the date of adoption.
Passed this 24th day of June, 2009 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Ave
Gary W. Dove A y e Bill M. Ewing Aye
Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye
Philip A. Lemieux Aye
A COPY ATTEST
A�
John ley, Jr.
Frede County Administrator
PDRes. 4 18 -09
Grcenway Engineering October 27, 2008 Bishop -Amari Rezoning
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24, 2009
BISHOP -AMARI PROPERTY
PROFFER STATEMENT
REZONING: RZ #02 -09
Rural Areas District (RA) to Business General District (132)
PROPERTY: 2.77 acres±
Tax Parcel #44- ((A)) -43 (here -in after the "Property ")
RECORD OWNER: Gregory A. Bishop and Thomas Amari
APPLICANT: Gregory A. Bishop and Thomas Amari (here -in after the
"Applicants ")
PROJECT NAME: Bishop -Amari Property
ORIGINAL DATE
OF PROFFERS: October 27, 2008
REVISION DATE: June 24, 2009
Preliminary Matters
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicants hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #02 -09
for the rezoning of 2.77± -acres from the Rural Areas (RA) District to establish 2.77± -
acres of B -2, Business General District, development of the subject property shall be
done in conformity with the terms and conditions set forth herein, except to the extent
that such terms and conditions may be subsequently amended or revised by the
Applicants 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 effect
whatsoever. These proffers shall be binding upon this Applicant and their legal
successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Gregory A. Bishop and
Thomas Amari, being all of Tax Map Parcel 44- ((A)) -43, and further described by
Boundary Survey Plat prepared by Marsh & Legge Land Surveyors, P.L.C., dated May
24, 2006 (see attached Boundary Survey Plat), and by Deed recorded as Instrument
#080005787 in the Frederick County Clerk of Courts Office.
File #4906 /EAW
0ecnway Engineering
A.) Land Use Restrictions
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24, 2009
PROFFER STATEMENT
Bishop -Amari Rezoning
1. The Applicants hereby proffer to limit commercial structure development to a
maximum of 20,000 square feet within the Property consistent with the land use
mix assumed in the October 15, 2008 Traffic Impact Analysis (TIA) prepared by
Patton, Harris, Rust and Associates. The Applicants can deviate from this land
use mix assuming the total trip generation from site plans (based on the ITE 7`
Edition Trip Generation Report) within the Property do not exceed the total trip
generation specified in the October 15, 2008. It is recognized that gasoline
canopies and gasoline pumps are excluded from the 20,000 square feet total
identified in this section.
2. The Applicants hereby proffer to limit gasoline pumps to a maximum of 8 pumps
with two fueling positions each (maximum of 16 fueling positions) to ensure
consistency with the traffic impact analysis prepared for this rezoning application.
3. The Applicants hereby proffer to prohibit the following land uses within the
Property:
Communication Facilities
Truck Stops
Hotels and Motels
Organization Hotels and Lodging
Car Washes
Miscellaneous Repair Services
Motion Picture Theaters
Amusement and Recreation Services Operated Indoors
Golf Driving Ranges and Miniature Golf Courses
Adult Retail
B.) Transportation Enhancements
SIC 48
SIC 5541
SIC 701
SIC 704
SIC 7542
SIC 76
SIC 7832
SIC 79
SIC 7999
No SIC Indicated
1. The Applicants hereby proffer to improve the Martinsburg Pike (Route 11 North)
corridor along the frontage of the Property to implement the future planned urban
four -lane divided typical section. This proffered improvement includes widening
of the existing northbound travel lane to include a second thru lane, a separate
continuous right -turn lane, curb and gutter, and sidewalk along the entire frontage
File #4906 /EAW 2
Greenway Engineering October 27, 2005 Bishop -Amara Rezoning
Revised March S. 2009
Revised March 16. 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24. 2009
of the Property. The proffered improvements along the Martinsburg Pike
frontage of the Property are depicted on the attached Bishop -Amari Property
Road Improvement Exhibit prepared by Greenway Engineering, dated June 24,
2009. The Applicants proffer to construct, or cause for the construction of this
improvement prior to the issuance of an occupancy permit associated with the
development of the first Site Plan approved for the Property. The striping plan
indicated on this attached proffered exhibit shall be determined by VDOT during
review of the first Site Plan for the property to ensure safe and efficient traffic
movement on the Martinsburg Pike corridor.
2. The Applicants hereby proffer to restrict access to the Property along the
Martinsburg Pike frontage to one right -in and right -out entrance only. The right -
in and right -out access shall be designed to prohibit left turn movements into the
Property, which shall require approval by VDOT and Frederick County. The
Applicants proffer to construct, or cause for the construction of this improvement
prior to the issuance of an occupancy permit associated with the development of
the first Site Plan approved for the Property. Additionally, the Applicants agree
to provide for left turn control measures on Martinsburg Pike at this entrance after
construction if VDOT determines that the installed right -in and right -out entrance
design does not adequately prohibit left turn movements into the Property.
3. The Applicants hereby proffer to improve Old Charles Town Road (Route 761)
along the frontage of the Property. This proffered improvement includes
widening of the existing westbound travel lane to include a second future left turn
lane, a separate continuous free- flowing right turn lane, a raised concrete median
near the Martinsburg Pike intersection to separate the left turn lane and the free -
flowing right turn lane, curb and gutter, and sidewalk along the entire frontage of
the Property. The proffered improvements along the Old Charles Town Road
frontage of the Property are depicted on the attached Bishop -Amari Property
Road Improvement Exhibit prepared by Greenway Engineering, dated June 24,
2009. The Applicants proffer to construct, or cause for the construction of this
improvement prior to the issuance of an occupancy permit associated with the
development of the first Site Plan approved for the Property. The striping plan
indicated on this attached proffered exhibit shall be determined by VDOT during
review of the first Site Plan for the property to ensure safe and efficient traffic
movement on the Old Charles Town Road corridor.
4. The Applicants hereby proffer to prohibit direct access to Old Charles Town
Road (Route 761) from the Property and provide access from Old Charles Town
Road to the Property through the development of improvements on tax map
parcel 44- ((A)) -42, currently owned by Cutshaw Enterprises, LC. The Applicants
shall design and construct, or cause for the design and construction of a new
commercial entrance that intersects Old Charles Town Road that is of sufficient
File #4906 /EAw 3
Greenway Engineering October 27, 2008 Bishop -Amaii Rezoning
Revised March 5, 2009
Revised March 16. 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24, 2009
width for separated left and right turn egress movement, a right turn and taper
lane on Old Charles Town Road, and an access drive that is constructed in
substantial conformity to the improvements depicted on the attached Bishop -
Amari Property Road hnprovement Exhibit prepared by Greenway Engineering,
dated June 24, 2009. Additionally, the Applicants proffer that no commercial
development activity will occur on the Property until a formal easement
agreement is executed between the Applicants and Cutshaw Enterprises, LC, or
their legal successors, heirs, or assigns.
5. The Applicants hereby proffer to provide for an inter - parcel connection to tax
map parcel 44- ((A)) -47. The Applicants will provide the County with a copy of
the recorded inter - parcel connection easement document allowing reciprocal
ingress /egress for this tax map parcel, to include a maintenance agreement for the
inter -parcel connection, as a condition of final Site Plan approval.
6. The Applicants hereby proffer to dedicate right -of -way to the Commonwealth of
Virginia on the Property sufficient to accommodate the transportation
improvements specified in Section B(1) and Section B(3) of this proffer
statement. Said right -of -way dedication shall be provided to the Commonwealth
of Virginia prior to the issuance of the VDOT Land Use Permit necessary to
construct these improvements. The proffered variable right -of -way dedication on
the Property is depicted on the attached Bishop -Amari Property Right Of Way
Dedication Exhibit prepared by Greenway Engineering, dated June 24, 2009.
7. The Applicants hereby proffer to provide a monetary contribution of $25,000.00
for site development on the Property that does not exceed 2,000 VPD based on
the ITE 7` Edition Trip Generation Report that may be applied towards right -of-
way acquisition, engineering, or construction costs to allow for the development
of improvements on the Martinsburg Pike (U.S. Route 11) corridor. This
monetary contribution shall be increased to a total of $50,000.00 for site
development on the Property that exceeds 2,000 VPD based on the ITE 7`
Edition Trip Generation Report. This monetary contribution may be utilized
unconditionally by Frederick County to fund transportation improvements on the
Martinsburg Pike corridor, which may include the Hopewell /Bruectown
intersection and may be used as local match funding for any applicable
transportation improvement grant or enhancement application. This monetary
contribution will be made to Frederick County prior to the issuance of an
occupancy permit associated with the development of the first Site Plan approved
for the Property.
File #4906 /EAW 4
Greenway Engineering October 27, 2008 Bishop -Annari Rezoning
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24, 2009
C.) Site Design Controls
1. Building Placement.
The Applicants hereby proffer to orient all occupied commercial structures along
Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Rt. 761) and to
prohibit parking spaces and travels aisles between all occupied commercial structure
frontages and adjoining public streets.
2. Plaza Area.
The Applicants hereby proffer to develop a plaza area that will be a minimum of
2,000 square feet and will be constructed adjacent to occupied commercial structures.
The plaza area will be constructed prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property. The
plaza area will be maintained by the commercial property owners.
3. Historic Information Kiosk.
The Applicants hereby proffer to develop a kiosk that will be located on the plaza
area, which will be constructed prior to the issuance of an occupancy permit
associated with the development of the first Site Plan approved for the Property and
utilized as an information center for historic features within the community and other
community information. The kiosk will be a minimum of eight feet in height with a
canopy cover and will provide for a message center that is a minimum of 24 square
feet in area. The Applicants will work with the Frederick County Historic Resources
Advisory Board (HRAB) in the development of historic information that will be
displayed in the kiosk. The kiosk area will be maintained by the commercial property
owners.
4. Building Height.
The Applicants hereby proffer to limit all structures to a maximum of thirty (30) 'feet
in height.
5. Construction Materials.
The Applicants hereby proffer to utilize similar development themes and similar
construction materials on all walls and roofs for all occupied commercial structures.
The principal construction materials shall be limited to brick, stone, artificial stone,
simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional
shingles, or false roof systems.
File #4906 /EAW 5
Greenway Fngineei ing October 27, 2008 bishop -Amari Rezoning
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24, 2009
6. Rooflines.
The Applicants hereby proffer that all occupied commercial structures shall be
designed with roof systems that are designed to screen mechanical equipment from
view of adjoining public streets.
7. Building Lighting.
The Applicants hereby proffer to restrict lighting along adjoining public streets to
building mounted lighting fixtures and ground lighting fixtures. Additionally, the
applicant further proffers to restrict pole mounted lighting fixtures within the parking
lot area to a maximum of twenty-five (25) feet in height and will design all pole
mounted lighting fixtures to be hooded to ensure that parking lot lighting is directed
downward.
8. Gasoline Fueling Islands.
The Applicants hereby proffer to restrict the placement of any gasoline fueling islands
and canopies so they are located behind occupied commercial structures.
Additionally, the Applicants proffer that the gasoline fueling island canopy will be at
a height lower than the roofline of the occupied commercial structures located along
Old Charles Town Road (Rt. 761) to mitigate viewshed impacts from the property
located on the south side of Old Charles Town Road.
9. Signage.
The Applicants hereby proffer to limit the number of freestanding business signs to
one sign along each public street frontage. Additionally, the Applicants proffer to
limit the freestanding business signs to a maximum of 12 feet in height and a
maximum of 75 square feet.
10. Buffers and Screening.
The Applicants hereby proffer to provide landscape screening to mitigate the
viewshed between parking areas and public streets, and to enhance the public street
frontage of the Property. Landscape screening between parking areas and public
streets shall include deciduous trees that are a minimum 2 -inch caliper and evergreen
trees that are a minimum of four feet in height with the total number of plantings
based on three trees per ten linear foot of parking lot frontage. Landscaping between
occupied commercial structures and public streets shall include deciduous trees that
are a minimum 2 -inch caliper with the total number of plantings based on one tree per
40 linear feet of occupied commercial structural frontage. All landscaping shall be
File #4906/EA W 6
Greenway Engineering October 27, 2008 Bishop -Amari Rezoning
Revised March 5, 2009
Revised March 16. 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24. 2009
oriented not to impact required sight distance at the commercial entrances on public
streets. Additionally, the Applicants proffer to develop a landscape screen between
the inter - parcel parking lot access drive and tax map parcel 44- ((A)) -42. This
landscape screen shall consist of a single row of evergreen trees that are a minimum
of four feet in height at planting and are planted on 10 -foot centers. It is recognized
that this landscape screen can be relocated to the west side of the inter - parcel parking
lot access drive to accommodate a shared agreement with tax map parcel 44- ((A)) -42
as allowed in Section B(5) of the proffer statement.
11. Utility Easement
The Applicants hereby proffer to provide a utility easement along the northern and
eastern boundary of the Property for the benefit of tax map parcel 44- ((A)) -42 and tax
map parcel 44- ((A)) -47. The utility easement shall provide for the adjoining
properties to connect to public utilities located on the Property. It is acknowledged
that the owners of tax map parcel 44- ((A)) -42 and /or 44- ((A)) -47 will be required to
restore the Property to its previous condition following disturbance activities
associated with the connection to public utilities located on the Property.
D.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers to provide a monetary contribution of $0.10 per square
foot of developed commercial structural area for County Fire and Rescue services. The
monetary contribution shall be made payable to Frederick County at the time of issuance
of the building permit for any commercial structural area developed on the Property.
He #4906 /EAW 7
Greenway Engineering
E.) Signatures
October 27, 2008
Revised March 5, 2009
Revised March 16, 2009
Revised April 16, 2009
Revised June 2, 2009
Revised June 24, 2009
Bishop -Amari Rezoning
The conditions proffered above shall be binding upon the liens, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
O
By: Date:
Commonwealth of Virg' ,
Cit County f To wit.
The foregoing instrument was acknowledged before me this 15.1 day of
2Wci by
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Notary Public
My Commission Expires Fe. G), 2° 2_oi Z
File #4906 /EAW 8
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