43A48A_CBVenturesAction:
PLANNING COMMISSION: June 15, 2016
BOARD OF SUPERVISORS: July 27, 2016
AMENDMENT
Recommended Approval
- X APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #05-16 CB VENTURES, LLC
WHEREAS, Rezoning #05-16 of CB Ventures, LLC, submitted by Greenway Engineering, Inc., to
rezone 3.75± acres from the B3 (Industrial Transition) Zoning District to the B2 (General Business) Zoning
District and 1.23± acres from the B2 (General Business) Zoning District to the B2 (General Business)
Zoning District with Proffers, final revision date of July 1, 2016 was considered. The Property is located
on the south side of Martinsburg Pike (US Route 11) and the northeast side of Amoco Lane (Route 839) at
the southwest quadrant of Interstate 81, Exit 317. The Property is further identified with PIN 43 -A -48A in
the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on June 15, 2016 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 27, 2016;
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 3.75± acres from the B3 (Industrial Transition) Zoning District to the B2 (General Business)
Zoning District and 1.23± acres from the B2 (General Business) Zoning District to the B2 (General
Business) Zoning District with Proffers, final revision date of July 1, 2016. The conditions voluntarily
proffered in writing by the Applicant and the Property Owner are attached.
PDRes #24-16
C-
-2 -
This ordinance shall be in effect on the date of adoption.
Passed this 27th day of July, 2016 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye
Robert A. Hess Absent Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
A"�'AA4 � -
renda G. Garton
Frederick County Administrator
DERICK COUNT s o
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This instrument of writing wasprod
at � -- to annexed
4 ement then
d to record. Tax imQpSed by Sec. 58.1-90201
and with totificate ac"ONw g
was admit aid, if assessable.
$ , and 58.1-801/) J43a--.-) , have been p
Clerk
PDRes 1/24-16
BOS Res. #008-16
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C.
Greenway Engineering February 1, 2016 CB Ventures, LLC Rezoning
Revised April 25, 2016; Revised May 9, 2016
Revised July 1, 2016
CB VENTURES, LLC COMMERCIAL DEVELOPMENT
PROFFER STATEMENT
REZONING: RZ #05-16
B-3, Industrial Transition District and B-2 Business General
District to B-2 Business General District with proffers
PROPERTY: 4.98± acres
Tax Map Parycelpp43-A-48A (here -in after the "Property")
RECORD OWNER: CB Ventures, LLC (here -in after the "Owner")
APPLICANT: CB Ventures, LLC (here -in after the "Applicant")
PROJECT NAME: CB Ventures, LLC Commercial Development
ORIGINAL DATE
OF PROFFERS: February 1, 2016
REVISION DATE: July 1, 2016
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 #05-16 for the
rezoning of a 4.98± -acre parcel from the B-3, Industrial Transition District and B-2,
Business General District to establish 4.98± -acres of B-2, Business General District with
proffers, development of the 4.98± -acre 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 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 Owner and their legal successors, heirs, or assigns.
The Property, more particularly described as the lands owned by CB Ventures, LLC,
being all of Tax Map Parcel 43 -((A)) -48A, as evident by Special Warranty Deed recorded
as Instrument #150011639, and further described by ALTA/ACSM Land Title Survey
Plat prepared by Greenway Engineering, dated January 26, 2007 (see attached Survey
Plat).
File #2022C/EAW/fue
Greenway Engineering
A.) Land Use Restrictions
February 1, 2016 CB Ventures, LLC Rezoning
Revised April 25, 2016; Revised May 9, 2016
Revised July 1, 2016
1. The Owner hereby proffers to prohibit the following land uses within the
Property:
Truck Stops SIC 5541
Golf Driving Ranges and Miniature Golf Courses SIC 7999
Social Services SIC 83
Commercial Batting Cages Operated Outdoors No SIC Indicated
Fire and Rescue Stations No SIC Indicated
Adult Retail No SIC Indicated
2. The Owner hereby proffers to prohibit metal building construction on the
Property.
B.) Transportation Enhancements
1. The Owner hereby proffers to design and construct improvements to Amoco Lane
(Route 839) within the existing right-of-way to include pavement mill and
overlay to the existing centerline from the limits of the pavement mill and overlay
improvements performed by the developer of Tax Map Parcel 43-A-48; and for
the installation of curb and gutter along the frontage of the Property to the limits
of the southeastern most commercial entrance serving the Property that is
developed along Amoco Lane. These improvements will be designed and
constructed by the Owner concurrent with the development of the first approved
Site Development Plan for the Property and will be completed prior to the
issuance of the first Certificate of Occupancy Permit associated with the Property.
2. The Owner hereby proffers to provide inter -parcel connection to Tax Map Parcel
43-A-48 that will continue into the Property from the limits of the inter -parcel
connection stub within the 30' ingress/egress easement on the adjoining property.
This improvement will be designed and constructed by the Owner concurrent
with the development of the Site Development Plan adjacent to the 30'
ingress/egress easement on the adjoining property and will be completed prior to
the issuance of the Certificate of Occupancy Permit associated with this Site
Development Plan.
C.) Sewer Pump Station
The Owner hereby proffers to design and construct a sewer pump station and sewer
collection system with capacity sufficient to provide public sewer service for the buildout
File #2022C/EAW/fue 2
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Greenway Engineering February 1, 2016 CB Ventures, LLC Rezoning---
Revised April 25, 2016; Revised May 9, 2016
Revised July 1, 2016
of the Property; as well as the existing residential land uses and the existing commercial
land use on the southwest side of Amoco Lane (Route 839). The Owner proffers to
design the sewer pump station and sewer collection system in conformance with FCSA
standards specifications and construct the sewer line collection system within proximity
of the frontage of the Property along Amoco Lane (Route 839) to allow for the off-site
land uses to connect to the collection system for access to the sewer pump station at their
cost. The sewer pump station will incorporate a SCADA system as a component of the
design plans. Should FCSA determine that a different control system be required
subsequent to rezoning approval; it is agreed that the Owner can incorporate the different
control system without the requirement of modifying this proffer.
D.) Off -Site Residential Buffer
The Owner hereby proffers to provide a landscape buffer on the properties fronting along
Amoco Lane (Route 839) that are improved as residential land use if desired by the
individual off-site property owners. The Owner shall provide a letter to each property
owner within 30 days of final approval for the first Site Plan proposed for the Property,
which advises of the Owner's offer to pay the cost for the installation of a single row of
evergreen trees that are a minimum of four feet in height and planted on 10 -foot centers
in a location acceptable to each property owner. The letter will require the off-site
property owners to respond in writing within 90 days of receipt of the letter advising the
Owner of the desire to have the landscape buffer installed within a landscape easement
provided on the off-site property. The Owner shall install the proffered landscape buffer
during the next appropriate planting season and shall be responsible for the replacement
of any tree that does not survive for a period of one year from the date of installation.
The following off-site properties will receive a letter from the Owner identifying the
various information identified above:
Tax Map # 43C-4-1, 43C-4-2, 43C-4-4, 43C-4-5, 43C-4-6, 43C-4-7, 43C-4-8, 43C-4-9
Copies of the off-site property letters will be provided to the Frederick County Planning
Department for inclusion in the rezoning project file.
E.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed
building square foot for County Fire and Rescue services. The monetary contribution
shall be made payable to Frederick County at the time of issuance of the Certificate of
Occupancy Permit for each structure approved on the Property.
File #2022C/EAW/fue 3
Greenway Engineering February 1, 2016 CB Ventures, LLC Rezoning
Revised April 25, 2016; Revised May 9, 2016 C7)
Revised July 1, 2016
C.
OWNER SIGNATURE ON FOLLOWING PAGE
F.) Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Owner and the Applicant. 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:
CB Ventures, LLC
Ned Browning, Manager Date
Commonwealth of Virginia,
City/County of SHA E CI C'- To Wit:
The foregoing instrument was acknowledged before me this -Lday of V�Lj
20i�by NO b)U)AI-A
_ Notary Public
My Commission Expires
DE:ANNA D PAINTER
NOTARY PUBLIC
REG. #7135427
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES SEPTEMBER 30, 2020
File #2022C/EAW/fue