64A416A_DMJHoldingsLLCAMENDMENT
Action:
PLANNING COMMISSION: September 16, 2009 - Recommended Approval
BOARD OF SUPERVISORS: October 14, 2009 ID APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 405 -09 OF DMJ HOLDINGS, LLC
WHEREAS, Rezoning #05 -09 of DMJ Holdings LLC, submitted by Painter - Lewis, PLC, to rezone
2.85 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers
dated March 24, 2009, last revised on July 1, 2009, for Commercial Use, was considered. The properties
are located at the northwest corner of Route 50 East and Custer Avenue (Route 781), in the Shawnee
Magisterial District, and are identified by Property Identification Numbers 64A- 4 -16A, 64A-4-16,64A-4-
17, 64A -4 -18, 64A -4 -19 and 64A -4 -20.
WHEREAS, the Planning Commission held a public hearing on this rezoning on September 16, 2009;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 14, 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
rezone 2.85 acres from RP (Residential Performance) District to B2 (General Business) District, for
Commercial Use. The conditions voluntarily proffered in writing by the applicant and the property
owner are attached.
PDRES #40 -09
This ordinance shall be in effect on the date of adoption.
Passed this i 4th day of October, 2009 by the following recorded vote:
Richard C. Shickle, Chairman Aye
Gary W. Dove Aye
Gene E. Fisher Aye
Philip A. Lemieux Aye
Gary A. Lofton Aye
Bill M. Ewing Absent
Charles S. DeHaven, Jr. Aye
A COPY ATTEST
John'R`Riley, Jr.
Frederick County Administrator
PDRES440 -09
Rezoning #:
Property: 2.85 acres
PARCEL ID's: 64A- 4 -16A, 64A -4 -16, 64A -4 -17, 64A -4 -18,
64A -4 -19, 64A -4 -20
Recorded Owner: DMJ Holdings, L.L.C.
Applicant: Mr. Mark Phelps
DMJ Holdings, L.L.C.
345 Phelpsmore Road
Winchester, Virginia 22602
Project Name:
Original Date
of Proffers:
Revision Date:
DMJ Holdings, L.L.C.
Route 50 & Custer Avenue
Shawnee Magisterial District
March 24, 2009
June 1, 2009
July 1, 2009
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: 0812002
PROFFER STATEME.
PARCEL ID's: 64A- 4 -16A, 64A -4 -16, 64A -4 -17, 64A -4 -18, 64A -4 -19, 64A -4 -20
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 ' for the rezoning of
parcels TM #'s 64A- 4 -16A, 64A -4-16, 64A -4 -17, 64A -4 -18, 64A -4 -19, 64A -4 -20 from RP
-- to B2, 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 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 applicant agrees to proffer the Generalized Development Plan (GDP) dated
7/01/09, identified as "Generalized Development Plan DMJ Holdings, L.L.C." and which
is attached to the proffer statement, for the purpose of identifying the general
configuration of the proposed parcel after consolidation, the location and form of the site
access, the approximate location of interparcel access easements, and construction
improvements to Route 781, Custer Avenue and Route 50, Millwood Pike. Please refer
to the attached drawing named "GDP ".
2.) Limitation of Future Development
A specific use for the parcel has not been identified. The type of use can have a
significant traffic impact on local roads and the function of nearby intersections. The
Traffic Impact Analysis, which is a part of the rezoning application, incorporated the
assumption that the parcel could be developed with a 60 room hotel along with a
convenience store with 8 fueling positions. This assumption resulted in relatively high
vehicle trip counts when compared to other uses allowed in the B2 zone. These trip
counts were used to evaluate potential impacts to the local road network. The applicant
agrees to limit any future use(s) of the parcel to those uses which will not generate in
excess of 200 vehicle trips per hour during any hour. The determination of trip numbers
will be accomplished during the site plan review based on the proposed use(s). Trip
counts will be determined using the Institute of Traffic Engineers Trip Generation
Manual, 7 th Edition.
3.) Improvements to Route 50 and Route 781
The applicant will make the necessary road frontage improvements, as required by the
Virginia Department of Transportation-, to Route 50, Millwood Pike, and Route 781,
Custer Avenue, in support of the proposed development. The improvements will be
designed and submitted for approval to the Virginia Department of Transportation and
Frederick County during the site plan review process. Construction of the improvements
will be completed prior to the occupancy of any new building on the site. The
improvements will include:
page 2
PROFFER STATEME . i
PARCEL ID's: 64A- 4 -16A, 64A -4 -16, 64A-4-17,64A-4-18, 64A -4 -19, 64A -4 -20
a) The design and construction of a right turn lane westbound on Route 50 with the
appropriate length and taper ending in a right in /right out commercial entrance
serving as the primary access to the site;
b) The design and construction of a right turn lane southbound on Route 781 from
a proposed right in only entrance to its intersection with Route 50;
design and construction of a raised median between travel lanes on Route
781 to prevent left turn movements into the -only entrance described in "b.. --_- -
- above; - - -- --
d) The design and construction of additional vehicle storage area in the existing left
turn lane on eastbound Route 50;
e) The design and construction of bicycle facilities along Route 50 in front of the
site;
f) The design and construction of pedestrian facilities linking Pembridge Avenue
with proposed facilities in the Route 50 right of way.
4.) Inter - parcel Circulation and Access
The applicant agrees to provide easements which will permit access through the site
from all points of right of way ingress and egress to and from the site to the parcels
which share a common boundary line to the east and west. The approximate locations
of the access points are shown on the GDP. The easements will be defined during the
site plan process and recorded by the applicant upon approval by Frederick County and
prior to the issuance of the first building permit issued for the site.
5.) Monetary Contribution to Frederick County Service Organizations
The applicant will donate or will cause to be paid to the Treasurer of Frederick County
for Fire and Rescue purposes the sum of $2,000.00 for impacts to fire and rescue
services. This sum will be paid upon the receipt of the first building permit issued for the
site, subsequent to the approval of this rezoning.
6.) Monetary Contributions
The applicant agrees to provide $5,000.00, for future transportation improvements
within the Route 781 and Route 50 rights -of -way. This sum will be paid to the Treasurer
of Frederick County prior to the occupancy of any structure on the property.
7.) Building Design
New buildings shall be constructed using architectural styles and materials which are
compatible with the surrounding neighborhood. Design elements shall be compatible
with Frederick County and will respect the continuity and character of the existing
architectural fabric of the surrounding community. All building fagades shall be limited
to one or a combination of the following materials: cast stone, stone, brick, glass, wood,
stucco, or other high quality, long lasting masonry materials. Metal panels shall be
prohibited as a construction material for buildings. Roof materials shall be standing
seam metal, architectural shingle, or other high quality material. Flat roofs shall be
permitted only to the extent that rooftop mechanical units are screened from the view of
adjacent residences. Building height shall be limited to 35 feet as defined in the
Frederick County Zoning Ordinance.
page 3
PROFFER STATEME�.
PARCEL ID's: 64A- 4 -16A, 64A -4 -16, 64A -4 -17, 64A -4 -18, 64A -4 -19, 64A -4 -20
8.) Parcel Lighting
The applicant recognizes that the illumination associated with future uses and
improvements on the parcel could have an impact on the adjacent properties. In order
to preclude any negative impacts, the applicant . agrees to regulate _ the overall
illumination level emanating from the parcel. At the same time, it is necessary to assure
- -- -- ' - that - public safety concerns will be satisfied from night time activity associated with
-- future uses of the parcel. -
1. Pole- mounted and wall- mounted luminaries shall meet the Illuminating
Engineering Society (IES) criteria for "cut off' fixtures where the candela per
1000 lamp lumens does not numerically exceed 25 at or above an angle of 90
degrees above nadir. Pole- mounted and wall- mounted luminaries shall not
exceed a height of 18 feet as measured from the adjacent ground surface.
2. Front - lighted, freestanding signs shall be lighted from the top, and aimed and /or
shielded so that no more that 100 candelas per 1,000 lamp lumens are emitted
above a line that is struck through the lamp center and extends at an angle of 80
degrees relative to nadir after the luminaries are in their finally- focused position.
3. Internally and rear - lighted freestanding signs shall be limited to the illumination of
the sign letters or characters only. No luminous backgrounds shall be permitted.
9.) Parcel Usage
The applicant agrees to prohibit the following uses (as listed in the Frederick County
Zoning Ordinance) on the property:
1. Car Washes;
2. Fast food restaurants with drive through service windows;
3. Automotive dealers with outdoor display areas and gasoline service stations;
4. Model home sales offices;
5. Amusement and recreational services operated outdoors;
6. Self- service storage facilities;
7. Adult retail
10.) Preservation of Existing Vegetation
Mature vegetation exists along the boundary between the parcel and adjacent
residential lots. During the site plan process, the applicant will identify existing
vegetation within the 25' inactive buffer which can reasonably be preserved and
incorporated into the screening requirements as described by the Frederick County
Zoning Ordinance. Any such vegetation will be shown within a "non- disturbance" area
depicted on subsequent site plans.
page 4
PROFFER STATEML. J
PARCEL ID's: 64A- 4 -16A, 64A -4 -16, 64A -4 -17, 64A -4 -18, 64A -4 -19, 64A -4 -20
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the even 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:
On Behalf of DMJ Holdings, L.L.C.
City /County of 'N kn [� {/ Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this 30 day of
1 200 q_
N t ry Public
Notary Registration number:
My commission expires: i 0
C �" !04
On Behalf of Winchester Metals, Inc.
City /County of Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this CU day of
1 200 G
No ry Public
Notary Registration number:
My commission expires:
page 5
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PAINTER- LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
Telephone (540)662 -5792
CONSULTING Facsimile (540)662 -5793
ENGINEERS Emoil office @pointerlewis.com
DRAWN M
GENERALIZED DEVELOPMENT PLAN P
DMJ HOLDINGS, L.L.C SCALE:
FREDERICK COUNTY, VIRGINIA « °
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