54A112Q_BurnsPropertyValleyMillRoadAMENDMENT
Action:
PLANNING COMMISSION: December 2, 2009 - Recommended Approval
BOARD OF SUPERVISORS: March 24, 2010 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #07 -09 FOR BURNS PROPERTY - VALLEY MILL ROAD
WHEREAS, Rezoning 407 -09 for Burns Property — Valley Mill Road, submitted by Patton Harris
Rust & Associates, to rezone 1.26 acres from RP (Residential Performance) District to B2 (General
Business) District, with proffers dated December 5, 2008 and last revised on January 12, 2010, for
Commercial Uses, was considered. The properties are located in the northwest corner of the intersection
with Valley Mill Road (Route 659) and Martin Drive, in the Red Bud Magisterial District, and are
identified by Property Identification Numbers 54- A -1 12Q, 54-A-1 12D and 54- A -1 12P.
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 7, 2009 and
a public meeting on December 2, 2009; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 13, 2010 and
a public meeting on March 24, 2010; 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
rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, for
Commercial Uses. The conditions voluntarily proffered in writing by the applicant and the property
owner are attached.
PDRES 401 -10
This ordinance shall be in effect on the date of adoption.
Passed this 24th day of February, 2010 by the following recorded vote:
Richard C. Shickle, Chairman
Aye
Gary A.
Lofton
Gary W. Dove
A y e
Bill M.
Ewing
Gene E. Fisher A y e Charles S. DeHaven, Jr.
Christopher E. Collins Aye
A COPY ATTEST
J
Aye
Aye
Aye
County Administrator
PDRES#01 -10
PROPOSED PROFFER STATEMENT
REZONING: RZN 07_ e'l
Residential Performance (RP) to Business General (132)
PROPERTY: 1.26 acre + / -; Tax Map Parcels 54- A -112Q, 54- A -112D, and 54- A -112P
(the "Property')
RECORD OWNER David M. & Svetlana M Bums
APPLICANT: David M. & Svetlana M Bums
PROJECT NAME: Burns Property — Valley Mill Road
ORIGINAL DATE
OF PROFFERS: September 4, 2008
REVISIONDATE(S): December 5, 2008; August 18, 2009; September 10, 2009;
November 16, 2009; December 23, 2009; January 12, 2010
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 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. The term "Applicant" as referenced
herein shall include within its meaning all future owners and successors in interest. When used in these
proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development
Plan, Burns Property — Valley NO Road" dated July 27, 2009 revised November 16, 2009 (the "GDP ").
1. Site Development
1.1 The Property shall be developed in substantial conformance with the GDP.
12 Development of the Property shall not exceed a total of 12,000 square feet of building floor
area and shall be limited to a maximum of 1,516 Average Daily Trips (ADT). It is
understood that pass -by and all other reductions, as pemaitted by VDOT, may be applied to
arrive at the maximum ADT yield of 1,516. The ADT shall be determined using the latest
edition of the I.T.E. Trip Generation Manual and shall be depicted on any future site plans
for the Property. No site plan shall be approved for the Property if the proposed use
generates an ADT count that exceeds 1,516.
1.3 No certificate of occupancy shall be issued for any building constructed on the Property
until such time that all road improvements for Valley Mill Road provided by RZ N 03 -09,
"Walgreens — Dairy Comer Place" as approved by Frederick County on August 12, 2009 are
completed.
Proffer Statement Burns Property — Valley Mill Road
1.4 Direct Access to Valley Mill Road from the Property shall be prohibited.
1.5 Primary means of access to the Property shall be provided by an inter- parcel connection to
and from the area located west of the Property in the general location depicted on the GDP.
Said connection shall provide access to the Property via Valley Mill Road through the
adjoining property and shall align with the interparcel connector provided per Proffer 1.4 for
RZ N 03 -09, "Walgreens — Dairy Corner Place" as approved by Frederick County on August
12, 2009. The interparcel connection shall be installed prior to the issuance of a building
permit for any building constructed on the Property. (See 1 on GDP) Nothing herein shall
obligate the County to provide such access or to make arrangements or assist in providing
such access. The Applicant acknowledges that, until access to the Property is provided to
Valley Mill Road via the interparcel connection pursuant to Proffer 1.5, the Property would
not be capable of use for any purpose constituting a change from its current use.
1.6 Access to Martin Drive from the Property shall be prohibited until such time that Martin
Drive is accepted by Frederick County for public road purposes or until all properties
located along Martin Drive are zoned for commercial use. The location of any future access
to Martin Drive and any improvements and /or right of way necessary for Martin Drive and
Valley Mill Road to make said connection shall be subject to review and approval by
Frederick County and VDOT. Nothing herein shall obligate the County to accept Martin
Drive for public road purposes prior to or upon VDOT indicating that Martin Drive has
been constructed to meet, or surety is provided sufficient to cover the construction cost of
those improvements required to meet, applicable VDOT standards for acceptance into the
state secondary road system.
1.7 Prior to issuance of a certificate of occupancy for any building constructed on the Property,
the Applicant shall construct a sidewalk along the Property frontage with Martin Drive.
1.8 The Applicant shall design and construct an additional lane for Valley Mill Road across the
Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for
any building constructed on the Property. The Applicant shall dedicate all right of way
necessary for said improvement as determined at the time of site plan. (See 2 on GDP)
1.9 Prior to issuance of a certificate of occupancy for any building constructed on the Property,
the Applicant shall provide a left tum lane for Valley Mill Road, subject to VDOT review
and approval, at the intersection of Dowell J Circle as depicted on the GDP. (See 3 on
GDP)
1.10 The Applicant shall provide street trees planted a maximum of 50' on center across the
Property frontage with Valley Mill Road as depicted on the GDP prior to the issuance of a
certificate of occupancyfor any building constructed on the Property. (See 4 on GDP)
1.11 Prior to issuance of a certificate of occupancy for any building constructed on the Property,
the Applicant shall construct a 10' asphalt trail in conformance with VDOT standards across
the Property frontage with Valley Mill Road as depicted on the GDP. (See 5 on GDP)
Page 2 of 4
Proffer Statement
Burns Property — Valley Mill Road
1.12 If an additional 10' of right of way for Valley Mill Road is dedicated by Frederick County
Public Schools across the frontage of the Dowell J Howard Center property (1TT1 5¢A -114),
the Applicant shall construct a sidewalk as shown on the GDP along the South side of
Valley Mill Road along the full frontage of the Dowell J Howard property to connect with
the existing sidewalk located on the South side of Valley Mill Road. The Applicant shall
prepare all documents necessary for the right of way dedication for use by Frederick County
Public Schools within 12 months of the Date of Final Rezoning (DFR). In the event the
right of way is dedicated prior to issuance of a certificate of occupancy for any budding
constructed on the Property, the Applicant shall install the sidewalk prior to issuance of the
certificate of occupancy for any building constructed on the Property or, in the alternative,
provided that prior to issuance of such certificate of occupancy the Applicant bonds the
sidewalk to completion, the Applicant shall install the sidewalk within 120 days of dedication
of the additional right of way by Frederick County Public Schools. In the event the right of
way is not dedicated prior to issuance of a certificate of occupancy for any building
constructed on the Property, the Applicant shall bond the sidewalk to completion prior to
issuance of the certificate of occupancy for any building constructed on the Propeny and
will install the sidewalk within 120 days of dedication of the additional right of way by
Frederick County Public Schools. Finally, in the event the additional right of way has not
been dedicated within 5 years of the DFR, the Applicant shall pay to the County the sum of
$8,000 to be used for automobile and /or pedestrian transportation improvements within the
County and the County shall release the aforementioned bond for the sidewalk
improvements. (See .6 on GDP)
2. Design Standards
2.1 Any building constructed on the Property shall be constructed using one or a combination
of the following : cast stone, stone, brick, architectural block, dry vit or stucco. Additionally,
dumpster pad screen walls shall be constructed of the same masonry material(s) used for
building construction.
3. Monetary Contribution to Offset Impact of Development
3.1 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick
County for fire and rescue purposes. Said contribution shall be made prior to issuance of a
building permit for the Property.
3.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick
County for Sheriff's Office purposes. Said contribution shall be made prior to issuance of a
building permit for the Property.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 3 of 4
Proffer Statement
Respectfully submitted,
David M. Bums
By:
Date: / - i 3 - /a
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
Burns Property - Valley Mill Road
The foregoing instrument was acknowledged before me this 3 1 dayof
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Svetlana Burns
By: ja�6 1 e-�'
Date: L2_ 1C
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To - wit
The foregoing instrument was acknowledged before me this day of To VcR
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Page 4 of 4
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BURNS — VALLEY MILL ROAD
GENERALIZED
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DEVELOPMENT PLAN
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FREDERICK C0111 VIRGINIA