55A34_MBC_LCAction:
PLANNING COMMISSION
BOARD OF SUPERVISORS
AMENDMENT
May 6, 2015 - Recommended Approval
June 10, 2015 1 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #03-15 OF MBC, LC
WHEREAS, Rezoning #03-15, MBC, LC, submitted by GreyWolfe, Inc., to rezone 2.96 acres from
B3 (Industrial Transition) District with restrictive proffers and the MHl (Mobile Home Community)
District with proffers to the B2 (General Business) District to accommodate commercial uses, dated
February 26, 2015, last revised on June 1, 2015, was considered. The property is located on the
southern side of Route 7, and 3/4 miles east of Winchester at Eckard Circle. The property is further
identified with PlN(s) 55-A-34 and 55 -A -34A in the Red Bud Magisterial District; and.
WHEREAS, the Planning Commission held a public hearing on this rezoning on May 6, 2015 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on June 10, 2015; 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 2.96 acres of land from B3 (Industrial Transition) District with restrictive proffers and the MH1
(Mobile Home Community) District with proffers to the B2 (General Business) District to accommodate
commercial uses. The conditions voluntarily proffered in writing by the applicant and the property
owner are attached.
PDRes #16-15
-2 -
This ordinance shall be in effect on the date of adoption.
Passed this 10th day of June, 2015 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Robert A. Hess Aye Robert W. Wells Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Jason E. Ransom Aye
A COPY ATTEST
renda G. Garton
Frederick County Administrator
VIRGINIA- FREDERICK COUNTY.SC'l ,
This instrument of writing was produced to me on
(P at 1 ( 0 N0
A, N`.•
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-502 of
$', and 58.1-801 have been paid, if assessable
4e'e'a- , Clerk
PDRes #16-15
BOS Res. #090-15
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IWO5516 - P�0r(Lk ST,�TEMtf"
Rezoning:
Property:
Record Owner:
Project Name:
Original Date of Proffers:
Revision Date:
RZ # 03-15
Area: 2.96 acres
Tax Parcels 55-(A)-34 & 55 -(A) -34A
MBC, LC
MBC Rezoning
February 26, 2015
April 3, 2015
May 11, 2015
June 1, 2015
June 10, 2015
Magisterial District: Redbud
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 offer the following proffers that in the
event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning
Application #_-15 for rezoning of 2.96 -acres from the B-3 & MH -I Districts to General
Business (B-2) District, 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 owner and such are approved
by the 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
owner and their legal successors, heirs, or assigns.
The Properties are more particularly described as the lands conveyed to MBC, LC
from Mildred F. Cole as recorded in the Frederick County Circuit Court Clerk's Office as
instrument #00013492 dated December 1, 2000.
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Proffers:
1. Transportation
a. Access
i. The eastern existing entrance on Berryville Pike (Route 7) near Eckard
Circle shall be closed prior to the first occupancy permit.
ii. An entrance onto Eckard Circle shall be utilized until development on
the Properties creates more than 500 VPD.
iii. The western entrance on the Properties from Berryville Pike (Route 7)
shall be improved to current VDOT standards prior to the first
occupancy permit.
iv. A right turn lane warrant analysis shall be submitted with any site plan
for any site entrance located along the frontage of Route 7.
b. Dedication and Pedestrian Access
i. The owner hereby proffers to dedicate additional land along Berryville
Pike to provide a minimum of 60' of right of way from the centerline
of eastbound Route 7. This is will be done prior to the first occupancy
permit.
ii. The owner hereby proffers to construct a 10' paved hiker/bike trail
along the Property's frontage with Berryville Pike per the 2030
Comprehensive Plan. This is will be done prior to the first occupancy
permit.
iii. The owner proffers to contribute $10,000 to Frederick County for
transportation improvements along Route 7 when uses generate more
than 500 vehicle trips per day (VPD) computed at site plan
submission.
iv. When uses on the Properties generate more than 1,500 VPD as
computed at site plan submission; the owner will contribute an
additional $50,000 to Frederick County for transportation
improvements along Route 7.
2
c. Development Cap
i. In conformance with the Traffic Impact Analysis prepared by Stowe
Engineering, PLC in 2015, the development of the property shall
generate a maximum of 2,977 vehicles per day per the 9th edition of
ITE Trip Generation. If a property use is proposed with a higher daily
trip generation at site plan submission, a revised Traffic Impact
Analysis shall be included with the submission of the site plan.
2. Fire & Rescue — Monetary Contributions
a. The owner hereby proffers a cash contribution to Frederick County for Fire
and Rescue purposes, of $0.10 per building square foot to be disbursed to the
Frederick County Fire and Rescue Department, to be paid prior to each final
site plan approval. The term "building square foot" shall be the combined
floor area for each story.
3. Considerations for neighboring Mobile Home Park:
a. The owner proffers that outdoor construction activities, on the Properties,
shall not begin prior 7:30 AM and will conclude no later than 7:30 PM.
The conditions proffered above shall be binding upon heirs, executors,
administrators, assigns, and successors in the interest of the owner and 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 and Ordinance.
Respectfully Submitted:
MBC, LCA' , Date
l` c"'Y (47 ►Gig, �Xr
Commonwealth of Virginia, J
City/County of ), tt1l.(\Qs-W To Wit:
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The foregoing instrument was acknowledged before me this L5 day of , one , 20 P S
By Com- ! S C r hr��
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OFFICIAL RECEIPT
FREDERICK CIRCUIT COURT
DEED RECEIPT
DATE: 06/18/15 TIME: 11:36:24 ACCOUNT: 069CLR150005516 RECEIPT: 15000011116
CASHIER: EAB REG: WE17 TYPE: OTHER PAYMENT: FULL PAYMENT
INSTRUMENT 150005516 BOOK: PAGE: RECORDED: 06/18/15 AT 11:36
GRANTOR: MBC LC EX: N LOC: CO
GRANTEE: FREDERICK COUNTY ZONING EX: N PCT: 100%
AND ADDRESS ,
RECEIVED OF : FRED CO/ROD WILLIAMS/COUNTER
CHECK: $21.00
DESCRIPTION 1: {00013492} PROFFER STATEMENT
2:
CONSIDERATION: .00 A/VAL:
301 DEEDS 14.50 145 VSLF
106 TECHNOLOGY TRST FND 5.00
PAGES: 5 OP: 0
NAMES: 0
00 MAP: MISC
PIN:
1.50
TENDERED 21.00
AMOUNT PAID: 21.00
CHANGE AMT : .00
CLERK OF COURT: REBECCA P. HOGAN
PAYOR'S COPY
RECEIPT COPY 1 OF 2