33A92_BusyBeezDaycareRESOLUTION
Action:
PLANNING COMMISSION: November 3, 2010 - Recommended Approval
BOARD OF SUPERVISORS: November 10, 2010 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #01 -10 PROFFER REVISION OF BUSY BEEZ DAYCARE
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WHEREAS, Rezoning 901 -10 Proffer Revision of Busy Beez Daycare, submitted by Greenway
Engineering, to revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) District and to
rezone 0.567 acres of land from the B3 District to the B2 (General Business) District with revised proffers,
totaling 1.89 acres, was considered. The total 1.89 acres was originally zoned with proffers to the B3
District with Rezoning #05 -01. The properties are located on the west side of Martinsburg Pike (Route 11),
approximately 2,000 feet south of Interstate 81 Exit 323, in the Stonewall Magisterial District, and are
identified by Property Identification Numbers 33 -A -92 and a portion of 33 -A -93.
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 3, 2010;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 10, 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 proffers for 1.324 acres of
land zoned B3 (Industrial Transition) District and to rezone 0.567 acres of land from the B3 District to
the B2 (General Business) District with revised proffers, totaling 1.89 acres, as described by the
application and attached conditions voluntarily proffered in writing by the applicant and the property
owner.
PDRes. #39 -10
This ordinance shall be in effect on the date of adoption.
Passed this 10th day of November, 2010 by the following recorded vote:
Co
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Richard C. Shickle, Chairman A y e Gary A. Lofton Aye
—.a
Gary Dove Aye Bill M. Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Christopher E. Collins Aye
A COPY ATTEST
John Zey, Jr.
Fred ck County Administrator
PDRes. #39 -10
400011158
Greenway Engineering August 19, 2010
Revised September 21, 2010
Revised October 1, 2010
Busy Beez Daycare Rezoning
PROFFER STATEMENT
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REZONING: RZ#
Industrial Transition District (133) with Proffers to Industrial
Transition District (133) and Business General District (B2) with
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Revised Proffers
PROPERTY: 1.89 acres
Tax Parcels #33- ((A)) -92 & 33- ((A)) -93
RECORD OWNER: Timothy W. Johnson & Margo D. Johnson (TM# 33 -A -92)
Clear Brook Rentals, LLC (Timothy W. Johnson) (TM# 33 -A -93)
APPLICANT: Timothy W. Johnson & Margo D. Johnson and Clear Brook
Rentals LLC (here -in after "the Applicant ")
PROJECT NAME: Busy Beez Daycare Rezoning
ORIGINAL DATE
OF PROFFERS: May 9, 2001
REVISION DATE: October 1, 2010
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 Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #D -/o
for the rezoning of 1.89± acres from the Industrial Transition (B3) District with Proffers
to the Industrial Transition (B3) District and Business General (B2) District with Revised
Proffers, 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 Applicant 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. These proffers are a
conditional zoning amendment to Rezoning #05 -01 of Timothy W. Johnson, approved by
the Frederick County Board of Supervisors on September 12, 2001.
The subject properties are more particularly described as the land owned by Clear Brook
Rentals, LLC being all of Tax Map Parcel 33- ((A)) -93 and further described by
Instrument No. 100001314, and the land owned by Timothy W. Johnson & Margo D.
File #2624/EAW
Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
Revised September 21, 2010
Revised October 1, 2010
Johnson being all of Tax Map Parcel 33- ((A)) -92 and further described by Instrument No.
060001525, and are further described by the Boundary Survey Plat prepared by W. Stuart
Dunn, L.S., dated June 6, 1996 and recorded as Deed Book 860 Page 1476 (see attached
Boundary Survey Plat).
PROFFERED CONDITIONS
A.) Allowed Uses
1.) The following land uses shall be permitted within the B -3, Industrial Transition
District on tax map parcel 33- ((A)) -92:
➢ SIC 15, 16 & 17 — Office and storage facilities for building construction
contractors, heavy construction contractors and special trade contractors.
➢ SIC 48 — Communication facilities and offices, including telephone,
telegraph, radio, television and other communications.
➢ SIC 73 — Business services.
➢ SIC 75 — Automotive repair, services and parking.
➢ SIC 76 — Miscellaneous repair services.
➢ SIC 861 — Business Associations.
➢ Self- service storage facilities (No SIC).
➢ Public buildings (No SIC).
➢ Public utility distribution facilities (No SIC).
All other land uses within the B -3, Industrial Transition District shall not be permitted on
tax map parcel 33- ((A)) -92 unless approved through a subsequent conditional zoning
amendment.
2.) The following land uses shall be permitted within the B -2, Business General
District on tax map parcel 33- ((A)) -93:
➢ SIC 48 — Communication facilities and offices, including telephone,
telegraph, radio, television and other communications.
➢ SIC 73 — Business services.
➢ SIC 76 — Miscellaneous repair services.
➢ SIC 8351 — Child day -care facilities.
➢ SIC 861 — Business Associations.
➢ Self- service storage facilities (No SIC).
➢ Public buildings (No SIC).
➢ Public utility distribution facilities (No SIC).
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File #2624/EA W 2
Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
Revised September 21, 2010
Revised October 1, 2010
All other land uses within the B -2, Business General District shall not be permitted on tax
map parcel 33- ((A)) -93 unless approved through a subsequent conditional zoning„
amendment.
B.) Access Management o
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1.) Tax map parcels 33- ((A)) -92 and 33- ((A)) -93 shall be served by the existing
commercial entrance on Martinsburg Pike (U.S. Route 11). W
2.) The Applicant hereby proffers to dedicate right -of -way along the Martinsburg
Pike (U.S. Route 11) frontage of tax map parcel 33- ((A)) -93 to accommodate the
future widening of this corridor. This one time right -of -way dedication shall not
exceed 10 feet in width and shall occur subsequent to the final Martinsburg Pike
design plan approval. The Applicant shall provide the required :right -of -way
dedication within 90 days of written request by Frederick County and/or VDOT.
C.) Structural Development Limitation
l.) Tax map parcel 33- ((A)) -93 shall be limited to a maximum structural area of 3,000
square feet for all land uses, exclusive of self - service storage facilities, identified in
Section A(2) of the proffer statement.
D.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers that in the event rezoning application # 0 1-lo is
approved, the undersigned will pay to the Treasurer of Frederick County, Virginia
$0.10 per square footage of structural area developed subsequent to approval of this
rezoning applicationTfiis monetary contribution is intended to impaFcts to fire
and rescue services and will be paid prior to issuance of an occupancy permit for the
first land use constructed on tax map parcel 33- ((A)) -93.
Please refer to Page 4 and Page 5 of the Proffer Statement
for Notarized Owner Signatures
File #2624/EAW 3
Greenway Engineering
E.) Signatures
August 19, 2010
Revised September 21, 2010
Revised October 1, 2010
Busy Beez Daycare Rezoning
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner of tax map parcel 33-
((A))-93. 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.
Respectfully Submitted:
By: ,1
imothy W. &hnson,
By:
a go D /Johnson
Commonwealth of Virginia,
City ounty f To Wit:
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Date
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Date
The foregoing instrument was acknowledged before me this 12- of CGS l0--r
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File #2624/EA W
Greenway Engineering
E.) Signatures
August 19, 2010
Revised September 21, 2010
Revised October 1, 2010
Busy Beez Daycare Rezoning
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner of tax map parcel 33-
((A))-92. 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.
Respectfully Submitted:
By: mf q C CjfZ��124_lt� �5 r�� /��11 /D l 2oro
Cle Brook Rentals LLC (Timothy W. Johnson) Date
Commonwealth of Virginia,
City /, ount f To Wit:
The foregoing instrument was acknowledged before me this 121 ay of
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SHM NO. 1 OF 2 AM C 1996
VIRGINIA: FREDERICK COUNTY. SCT.
'ILis instrument of writing was produced 10 me on
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:.nd with ccnificate of acknowledgement thereto annexed
-uas \ admitted to record. Tax imposed by Sec. 58.1 -802 of
and 58.1 -801 have been paid, if assessable
.Clerk