64A416A_DMJHoldingsLLCProfferAmendmentAMENDMENT
F
Action:
PLANNING COMMISSION: March 15, 2017
BOARD OF SUPERVISORS: April 12, 2017
Recommended Approval
- F1 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #01-17 DMJ HOLDING, L.L.C.
WHEREAS, REZONING #01-17 DMJ Holding, L.L.C., submitted by Painter -Lewis, P.L.C., to
remove a proffer which currently prohibits fast food restaurants with drive through service windows, with a
final revision date of December 16, 2016 was considered. If approved, the site would permit the
construction of fast food restaurants with drive through service windows if all other requirements are met.
All other proffers remain the same. The properties are located at the northwest corner of the intersection of
Route 50 and Route 781 (Custer Avenue), in the Shawnee District and is identified by Property
Identification Nos. 64A -4-16A, 64A04-16, 64A-4-17, 64A-4-18, 64A-4-19 and 64A-4-20; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on March 15, 2017 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 12, 2017;
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 amend the proffers from Rezoning
#05-09 to permit the construction of fast food restaurants with drive through service windows if all
other requirements are met with a final revision date of December 16, 2016. All other proffers remain
the same. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is
attached.
PDRes #13-17
M.
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This ordinance shall be in effect on the date of adoption.
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Passed this 12th day of April, 2017 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye
Bill M. Ewing Aye Robert W. Wells Aye
Gene E. Fisher Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
l&a4l AA��
/Brenda G. Garton
Frederick County Administrator
vltttllNlA: FK.3DF.RICK C0UNTY.SC ,-
This instrument of writing was produced to me on
- l8-
/7 at 4f
and with certificate acknowledgement thereto annexed
was admitted to a.,cord. Tax imposed by Sec. 58.1-802 of
$ /V l , and 55.1-801 have been paid, if assessable
Ile, 6ca / , Clerk
PDRes #13-17
BOS Res. #067-17
170003811
DMJ HOLDINGS, L.L.C.
WINCHESTER METALS, INC.
ROUTE 50 & CUSTER AVENUE
Amended Proffer Statement
Original Rezoning #: 05-09
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
Owner: DMJ Holdings, L.L.C.
Winchester Metals, Inc.
Mr. Mark Phelps
195 Ebert Road
Winchester, Virginia 22603
Project Name: DMJ Holdings, L.L.C.
Route 50 & Custer Avenue
Shawnee Magisterial District
Original Date
of Proffers: March 24, 2009
Revision Date: June 1, 2009
July 1, 2009
August 15, 2016
December 6, 2016
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: 1603018
PROFFER STATEMENT - -
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 owner 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 owner 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.
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1.) Generalized Development Plan
The owner agrees to proffer the Generalized Development Plan (GDP) dated 07/01/09,
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
The owner 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, 9t" Edition.
3.) Improvements to Route 50 and Route 781
The owner 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:
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;
c) The design and construction of a raised median between travel lanes on Route
781 to prevent left turn movements into the right in only entrance described in "b"
above;
page 2
PROFFER STATEMENT
PARCEL ID's: 64A -4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20
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; (71
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 owner 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 owner 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 owner 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 owner 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.
8.) Parcel Lighting
The owner 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 owner 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.
page 3
PROFFER STATEMENT
PARCEL ID's: 64A -4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20
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 ^adir. Pole -mounted and wall -amounted 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 owner 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 window) REMOVE
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 owner 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 STATEMENT —,
PARCEL ID's: 64A -4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 c- l
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the event 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.
Respectfully submitted by:
City/County of���- - K , Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this day of
20 -,
Notary Public
Notary Registration number:
My commission expires:
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On Behalf of Winchester Metals, Inc.
City/County oft; �= c , Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this U'zta day of
20
Notary Public
Notary Registration number:
My commission expires:
1
page 5
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MY
COMMISSION
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7532024
On Behalf of DMJ Holdings; L. C.
City/County of���- - K , Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this day of
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Notary Public
Notary Registration number:
My commission expires:
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On Behalf of Winchester Metals, Inc.
City/County oft; �= c , Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this U'zta day of
20
Notary Public
Notary Registration number:
My commission expires:
1
page 5
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�0 — 817 Cedor Creek Grade, Suite 120
#'- Winchester, Virginia 22601
Telephone (540)662-5792
CONSULTING Facsimile (540)662-5793
ENGINEERS Emoil office@pointerlewis.com
PROJECT:
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GENERALIZED DEVELOPMENT PLAN
DMJ HOLDINGS, L.L.C.
FREDERICK COUNTY" VIRGINIA.
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