64A1F_ExpressOilChange&TireEngineersAMENDMENT
Action:
PLA1NNiNG COiviMISSiON: February i 5, 2017 - Recommended Approval
BOARD OF SUPERVISORS: March 8, 2017 - �] APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02-17 EXPRESS OIL CHANGE &
TIRE ENGINEERS
WHEREAS, Rezoning #02-17 of Express Oil Change & Tire Engineers, submitted by Greenway
Engineering, Inc., to rezone 0.604 acres from the B2 (General Business) District to the B3 (Industrial
Transition) District with proffers, with a final revision date of September 9, 2016 was considered. This
rezoning is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire
facility. The site is located on the west side of Front Royal Pike (Route 522 South) and immediately south
of the IHOP Restaurant, approximately 1,000 feet south of Interstate 81, Exit 313 in the Shawnee District
and is identified by Property Identification No. 64-A- IF; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on February 15, 2017
and recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 8, 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 revise the Zoning District Map to
rezone 0.604 acres from the B2 (General Business) District to the B3 (Industrial Transition) District
with proffers with a final revision date of September 9, 2016. The conditions voluntarily proffered in
writing by the Applicant and the Property Owner is attached.
PDRes 406-17
-2-
Cla
This ordinance shall be in effect on the date of adoption_.
Passed this 8th day of March, 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
renda G. Garton
Frederick County Administrator
VIKUIN1A: FIN,=DERICK COUNTY.SU1.
This instrument of writing was produced to me oil
and with certificate acknowledgement thcrcto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
$4�nd 58.1-801 have been paid, if assessable
� ,Clerk
PDRes #06-17
BOS Res. #061-17
Greenway Engineering September 9, 2016 Express Oil Change & Tire
Engineers Rezoning
EXPRESS OIL CHANGE & TIRE ENGINEERS REZONING
PROFFER STATEMENT
REZONING: RZ #
B-2 Business General District to B3, Industrial Transition District
with proffers
PROPERTY: 0.604± acres
Tax Map Parcel 64-A- IF (here -in after the "Property")
RECORD OWNER: Titans Corporation (here -in after the "Owner")
APPLICANT: Day Pop. Inc. (here -in after the "Applicant")
PROJECT NAME: Express Oil Change & Tire Engineers
ORIGINAL DATE
OF PROFFERS: September 9, 2016
REVISION DATE: TBD
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 # for the
rezoning of a 0.604± -acre Property from the B-2, Business General District to establish
0.604± -acres of B-3, Industrial Transition District with 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 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 land owned by Titans Corporation, a
Virginia Corporation, being all of Tax Map Parcel 64-A- IF, as evident by Deed recorded
as Deed Book 976 Page 1370, and further described by Boundary Line Adjustment and
Vacation Plat prepared by Gary A. Judd, Land Surveyor, dated April l 1, 2001 recorded
as Instrument No. 01000511.8 (see attached Survey Plat).
Project #3484E 't
Greenway Engineering September 9, 2016 Express Oil Change & Tire
Engineers Rezoning
A.) band Use Restrictions
1. The Owner hereby proffers to prohibit the following land uses on the Property to
Ue rezoned LV the li3� In UbUlal 11UHNIUMI "IbUIcl.
➢
Landscape and Horticultural Services
SIC 078
➢
Local and Suburban Transit Services
SIC 41
➢
Motor Freight Transportation & Warehousing
SIC 42
➢
Transportation by Air
SIC 45
➢
Utility Facilities & Their Accessory Uses
SIC 49
➢
Drive -In Motion Picture Theaters
SIC 7833
➢
Tractor Truck & Tractor Truck Trailer Parking
NO SIC
B.) Access Management
1. The Owner hereby proffers to limit new commercial entrance access to the
Property to a right-in/right-out only partial access entrance. The final location of
the right-in/right-out only partial access entrance will be determined during the
Site Development Plan through the Virginia Department of Transportation
Access Management Exception process.
2. The Owner hereby proffers to construct inter -parcel connectivity between the
Property and Tax Map Parcel 64-A-2 to facilitate access to the Front Royal Pike
(US Route 522)/Travel Lodge Drive signalized intersection. The Owner will
identify the location of the reciprocal ingress/egress easement between Tax Map
Parcel 64-A-2 and the right-in/right-out only partial access entrance as
information on the Site Development Plan for the Property.
C.) Monetary Contribution to Offset Impact of Development
1. 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 any primary structure
constructed on the Property.
OWNER SIGNATURE ON FOLLOWING PAGE
Project #3484E
Greenway Engineering September 9, 2016 Express Oil Change & Tire
Engineers Rezoning
Owner Signature
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Owner. In the event the Frederick County
;;pard 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:
Titans Corporation,
a Virginia Corporation
LIM
�4�—
Authorized Agent
(1/, )-,
Date
Commonwealth of Virginia,
City/County of 1 C To Wit:
The foregoing instrument was acknowledged before me this day of G J
20JI by M C'6)1 C'�, k �s
\ Notary Public
My Commission Expires 1i I �, AIX
REBECCA HILSTROM
NOTARY PUBLIC REG # 7037918
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
JULY 31, 2018
Project #3484E •.