55A212_HaggertyCommercialAMENDMENT
Action:
PLANNING COMMISSION: October 21, 2009 - Recommended Approval
BOARD OF SUPERVISORS: November 18, 2009 ILI APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 408 -09 OF HAGGERTY COMMERCIAL
WHEREAS, Rezoning 408 -09 of Haggerty Commercial, submitted by Patton Harris Rust &
Associates, to rezone 4.0 acres from the RP (Residential Performance) District to the B I (Neighborhood
Business) District for Commercial Uses, with proffers dated November 6, 2008, and final revision date of
September 24, 2009, was considered. The property is located along the east side of proposed Haggerty
Boulevard, approximately 2,000 feet south of the intersection of proposed Haggerty Boulevard and Route
7, in the Red Bud Magisterial District, and is identified by Property Identification Number 55 -A -212.
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 21, 2009;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 18, 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 4.0 acres from the RP
(Residential Performance) District to the BI (Neighborhood Business) District for Commercial Uses,
with proffers subject to the attached conditions voluntarily proffered in writing by the applicant and the
property owner.
PDRes.#45 -09
This ordinance shall be in effect on the date of adoption.
Passed this 18th day of November, 2009 by the following recorded vote:
Richard C. Shickle, Chairman Ave Gary A. Lofton Ave
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
Johri &. ' ey, Jr.
Fre�e County Administrator
PDRes. #45 -09
PROPOSED PROFFER STATEMENT
REZONING: RZ# U -D
Residential Performance (RP) to Neighborhood Business (B 1)
PROPERTY: 4.0 acre + / -; Portion of Tax Map Parcel 55 -A -212 (the "Propert37)
RECORD OWNER The Canyon, LC
APPLICANT: The Canyon, LC
PROJECT NAME: Haggerty Commercial
ORIGINAL DATE
OF PROFFERS: November 6, 2008
REViSIONDATE(S): September 24, 2009
The undersigned hereby proffers that the use and development of the subject property ( "Propert}'),
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 B 1 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, Haggerty Commercial" dated September 15, 2009.
1. Site Development
1.1 Development of the Property shall not exceed a floor area ratio (FAR) of 0.25.
1.2 Access to the site shall be limited to a single entrance on the future Haggerty "Spine" Road
in the general location depicted on the GDP. All entrance improvements shall be subject to
review and approval by VDOT at time of Site Plan. (See 1 on GDP)
1.3 No building permits shall be issued for the Property until such time that the Property has
access to a signalized intersection at Route 7 via the future Haggerty "Spine" Road as
provided by Proffers 13.2 and 13.3 for RZ #04 -07, "Haggerty Property" as approved by
Frederick County on July 25, 2007.
1.4 Prior to issuance of a certificate of occupancy for any building constructed on the
Property that Applicant shall construct a 10' hiker biker trail across the Property Frontage
with the future Haggerty "Spine" Road as shown on the MDP.
Proffer Statement
Haggerty Commercial
1.5 Prior to issuance of a certificate of occupancy for any building constructed on the
Property, the Applicant shall provide street trees along the Property frontage with the
Haggerty "Spine" Road. Said trees shall be planted a maximum of 50' on center.
1.6 Prior to issuance of a certificate of occupancy for any building constructed on the
Property, the Applicant shall designate a minimum of 10 parking spaces reserved to
access to a potential future park on adjacent property owned by the Applicant. In the
event the County does not accept the planned donation of the adjacent property for a
public park, the Applicant will not be obligated to reserve parking spaces for park use.
_ Any parking space reserved for access to the potential park will be owned and maintained
by the Applicant.
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, other high
quality masonry materials, wood, or glass. Additionally, dumpster pad screen walls shall be
constructed of the same masonry material(s) used for building construction.
2.2 Site lighting shall not exceed 25 feet in height.
2.3 All structures erected on the Property shall utilize the same facade materials in order to
promote a cohesive development pattern.
2.4 The design of the any proposed buildings located on the Property shall be in general
conformance with the attached exhibit entitled "Haggerty Commercial — Building Elevation"
dated September 15, 2009. (See Exhibit A)
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.
4. Escalator Clause
4.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the
Frederick CountyBoard County Supervisors (`Board ") within 30 months of the approval of
this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as
stated herein. Any monetary contributions set forth in the Proffer Statement which are paid
to the Board after 30 months following the approval of this rezoning shall be adjusted in
accordance with the Urban Consumer Price Index ("CPI -U') published by the United States
Department of Labor, such that at the time contributions are paid, they shall be adjusted by
the percentage change in the CPI -U from that date 30 months after the approval of this
rezoning to the most recently available CPI -U to the date the contributions are paid, subject
to a cap of 6% per year, non - compounded.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 2 of 3
Proffer Statement
Haggerty Commercial
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this a y� day of 5cpt E ,
2009, by �gu rd 011 i c��y
My co si n ires
Notary Publi ��
19 klnmm en
1269. 15 797
Page 3 of 3
Respectfully submitted,
ice,
j/Y
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111
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511iN6GE
Patton Harris Rust & Associates
Engineers. Surveyors. Planners. Landscape Architects.
BUILDING ELEVATION
EXHIBIT A
r `s
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493
Haggerty Commercial
DATE: 9/15/09