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86A14_FairfaxPkVDOTLaneCommercialAction: RESOLUTION PLANNING COMMISSION: May 15, 2013 - Recommended Approval BOARD OF SUPERVISORS: June 12, 2013 1I APPROVED u DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-13 FAIRFAX PIKENDOT LANE COMMERCIAL CD CD WHEREAS, Rezoning 902-13 Of Fairfax Pike/VDOT Lane Commercial, submitted by Greenway Engineering, to rezone 3.61 acres from B 1 (Neighborhood Business) District to B2 (General Business) District with proffers dated January 25, 2013 and final revision May 17, 2013 was considered. The properties are located on the north side. of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018), approximately'/2 mile east of Interstate 81 Exit 307, and are identified by Property Identification Numbers 86-A-14 and 86-A-15 in the Opequon Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 15, 2013 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on June 12, 2013; 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 confori-nance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors to rezone 3.61 acres from B 1 (Neighborhood Business') District to B2 (General Business) District with proffers subject to the attached conditions voluntarily proffered in writing by the applicant and the property o«7ner. This ordinance shall be in effect on the date of adoption. Passed this 12th day of June 12, 2013 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Robert A. Hess Aye Gene E. Fisher Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Opequon Magisterial District Vacant A COPY ATTEST John R. _J lei, 4. Frederick County Administrator VIRGE14A. FREDERICK COUNT -II.SCT. 7bls instrument ofwritingwas prodoced to me of I co- I q-(-1) ai 12- D i rf and wl'th cer t"' 'h ,a a CIF, i, �A cd 1-11 C -,.1 1 h F1 ,' x C'... was admitted to U, U. %S and nave beei-i paid, PDRes#,'l 4-13 Greenway Engineerine January 25. 20B Fairfax Pike/VDOT Lane Rezoning Revised April 11. 2013 E `; i-1 J Revised May 17. 2013 FAIRFAX PIKENDOT LATE COMMERCIAL PROPERTIES PROFFER STATEMENT REZONING: RZ# -- i3 Neighborhood Business (Bl) District to Business General (132) District with Proffers PROPERTY: 3.61 -acres +/-; Tax Parcels 86-A-14 & 86-A-15 RECORD OWNER: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. APPLICANT: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. (here -in after the "Owner") PROJECT NAME: Fairfax Pike/VDOT Lane Commercial ORIGINAL DATE OF PROFFERS: January 25, 2013 REVISION DATE: May 17, 2013 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 Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #j tfor the rezoning of 3.61± -acres of Neighborhood Business (Bl) District to 3.61± -acres of Business General (132) District with proffers: development of the subject properties ("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 Owner 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 the Owner and any successors, or assigns of the Owner. The Property.. identified as Fairfax Pike/VDOT Lane Commercial, and more particularly described as the land owned by Bowman -Shoemaker Companies, Inc., being all of Tax Map Parcel 86-A-14, further as shown on the plat titled Plat Showing Property of James L. Bowman, by J.R. Nicely dated April 27- 1972, and the Land owned by Elizabeth File r5510UEA'W G vi Greenway Engineering January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 O Revised May 17: 2013 Properties, L.C., being all of Tax Map Parcel 86-A-15, further as shown on the plat titled Plat of the Division of the Land of Pine lrivestment Corp, by J.R. Nicely dated July 28 1975, revised September 9, 1975. - FAIRFAX PIKENDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT A. Generalized Development PIan 1) The Owner hereby proffers to develop the Property in substantial conformance with the Generalized Development Plan (GDP) prepared by Greenway Engineering, dated April 10, 2013, and approved as part of this rezoning application. The GDP is intended to delineate the general location of the Fairfax Pike (Route 277) right-of-way dedication area, the general location of the shared right-in/right-out commercial entrance on Fairfax Pike, the general location of the full access commercial entrance along VDOT Lane (Route 1018), the general location of the 50' ingress/egress easement on Tax Map 86-A-15 that is intended to provide inter -parcel connection and access to VDOT Lane for Tax Map 86-A- 14, and the general location of the 50' full screen buffer adjacent to the Freeton Townhouse Subdivision. The final locations of the commercial entrances and the inter -parcel connection can be adjusted to accommodate final engineering design requirements without the need to revise the GDP provided that the final engineering design is consistent with the overall layout depicted on the GDP. B. Transportation 1) The Owner hereby proffers to dedicate a right-of-way area along the frontage Of Tax Map 86-A-14 and Tax Map 86-A-15 that is 20' in width for the future widening of Fairfax Pike. The Owner will delineate the 20' right-of-way dedication area on the. Site Development Plans for these properties if development activities occur in advance of the Fairfax Pike widening project. The Owner will dedicate the 20' -wide right-of-way to VDOT at such time that it is requested for the Fairfax Pike widening project. 2) The Owner hereby proffers to limit access to the Property along Fairfax Pike to a right-in/right-out commercial entrance, which meets all applicable VDOT requirements. The right-in/right-out commercial entrance shall be designed, approved, and constructed with the first Site Plan for the Property. The Owner will ensure that a reciprocal ingress/egress easement and maintenance agreement is established for the right-in/right-out commercial entrance serving the Property. File =551 U/FAW Greenway Engineering January 25, 2013 Fairfax Pike1VDOT "Lane Rezoning Revised April 11, 2013 Revised Mav 17, 2013 3) The Owner hereby proffers to develop one full access commercial entrance along VDOT Lane that will serve Tax Map 86-A-14 and Tax Map 86-A-15. The Owner will ensure that the full access commercial entrance is Iocated a minimum of 225' from the intersection of Fairfax Pike and VDOT Lane to provide for appropriate corner clearance. 4) The Owner hereby proffers to provide a 50' ingress/egress easement across Tax Map 86-A-15 in the general location depicted on the proffered GDP to provide for inter -parcel access and connectivity to VDOT Lane for Tax Map 86-A-14. The Owner will ensure that a reciprocal ingress/egress easement and maintenance agreement is established for the 50' ingress/egress easement serving the Property. C. Monetary Contributions 1) The Owner hereby proffers to provide $35,000.00 to Frederick County to be utilized as part of the local share match for qualifying off-site transportation improvements associated with an approved Revenue Sharing project. The Owner shall provide the $35,000.00 to Frederick County at the time that Frederick County provides written request for this monetary contribution. 2) The Owner hereby proffers to provide a monetary contribution of $0.05 per square feet of structural development on the Property for general fire and rescue services. The Owner shall provide the appropriate monetary contribution amount for each structure prior to the issuance of the Certificate of Occupancy Permit for each structure developed on the Property. OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES File 1-5510,'i✓.AW 3 Greenway Engineering SIS tore January 25. 2013 Fairfax; PiktWDOT Lane Rezonine Revised April 11. 2013 Revised May 17. 2013 The conditions proffered above shall be binding upon the successors and assigns of the Owner. 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: Bo man -Shoemaker Companies, Inc. Date Commonwealth of Virginia, City/ ountyof Fv-�aae y' cL To Wit: The foregoing instrument was acknowledged before me this kday of J Vvi� 20 i 3 by e:\j t'- tf U B Notary Public My Commission Expires �-C- b. 2-9 1<2 ! G, �a File 3 :l0/EAW Q C� Greenway Engineering Signature January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 The conditions proffered above shall be binding upon the successors and assigns of the Owner. 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: & '- V") �� I Elizketh Properties, L.C. J Commonwealth of Virginia, City �ountyf %�f✓lk— To Wit: �- I /3 Date The foregoing instrument was acknowledged before me this �+�A day of 20 1 � by 1 Notary Public My Commission Expires -Fe- 201 �sfi�c4at� zq�� tG File. #5510/EAW V W !A A PP joz vat0-4Omx�af�° OCAm D + + + m p gmo-ix0'Olprm-m�vvO�a wz x O�_s amQ'05s'z rnOm roav a Dag n a czxxvymo pmmpZ=oa zplmvm���' to vo �m20ymvamm to m z z 2 m m Oap., n A M z m Z 'org'.Cn2U A>- xT vm*r .�v7CZDZ O D Z m Z r o 9 n p_ODD� mromm190= C00 m am S 1 mzm.00oo*o <mFi�-iamm m O a©Zazm02 OmODDaX�O z © L -�mxv z m m mmvtan zzrm0w-Dino ��z m m a �'p6D�pym 010�D9m0 M�m�Z-46-p c r � ca Mto<CD Z -i=immm= D Om E C y Z mmvom' 0 D'*�o� O DpmOp v m O' -< r zm z o m m m o m Z mz 0 I0 m { LOT USE EXHIBIT GENERALIZED DEVELOPMENT PLA m ° ; TM: 86-A-14 & 86-A-15 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VA Engm—s, Surveyors of Enmronmen(al Sen+icer Fomvled in 1971 GCEENWAY ENGINEERING, mc. 151 Windy Hill Lane Winchester, Virginia 22602 Telephone.(540) 662-4185 FAX (540) 722-9528 ww-greenwayeng.COM