43A48E_CBVenturesLLCORDINANCE
Action:
PLANNING COMMISSION: August 7, 2019 Public Hearing Held, Recommended Approval
BOARD OF SUPERVISORS: September 11, 2019 Approved
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02-19 CB VENTURES, LLC
WHEREAS, REZONING #02-19 CB Ventures, LLC, was submitted by Greenway Engineering, Inc. to
rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with
proffers with a final revision date of June 25, 2019. The subject property is located at the south side of
Martinsburg Pike (Route 11), the northeast side of Amoco Lane (Route 839), and at the southwest quadrant of
Interstate 81, in the Stonewall Magisterial District, and is identified by Property Identification No. 43 -A -48E;
and
WHEREAS, the Planning Commission held a public hearing on this rezoning on August 7, 2019 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 11, 2019;
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 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 rezone 1.04+/- acres from the B2 (General
Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of
September 11, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property
Owner are attached.
This ordinance shall be in effect on the date of adoption. Passed this 11 `" day of September 2019 by the
following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Shannon G. Trout Aye Judith McCann -Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTE.'
Iris C. ier icy, Fre eric o rty Administrator
PDRes. # 17-19
BOS Res. #020-19
VIRGINIA: FREDERICK COUNTY, SCT.
This iinsstrument of writing was produced to me on
�Ij`rIds� a at®.'..,
and with certificate of acknoo
wledgement tto an
was AAad++ exed
itted to record. Tax imposed by Sec. 58.1-802 of
IV
$ , and 58.1-801 have beenaid, if
P assessable
Clerk
190099659
Greenway Engineering
September 11, 2019
c B VENTURES, LLC
COMMERCIAL DEVELOPMENT
PROFFER STATEMENT
CB Ventures, LLC Rezoning
REZONING: RZ #01-19
B-2, Business General District with proffers to B-3 Industrial
Transition with proffers
PROPERTY: 1.04± acres
Tax Map Parcel 43 -A -48E (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: May 10, 2019
REVISION DATE: September 11, 2019
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 # 02-19 for the
rezoning of a 1.04± -acre parcel from the B-2, Business General District with proffers to
establish 1.04± -acres of B-3, Industrial Transition District with proffers, development of
the 1.04± -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 land owned by CB Ventures, LLC, being
all of Tax Map Parcel 43 -A -48E, as evident by Declaration of Condominium for CB
Ventures Land Condominium recorded as Instrument No. 160011322, and further
described by CB Ventures Land Condominium Plat & Land Units prepared by Greenway
Engineering, dated October 4, 2016 (see attached Survey Plat).
File #2022C/EAW
Greenway Engineering September 11, 2019 CB Ventures, LLC Rezoning
A.) Land Use Restrictions
1. The Owner hereby proffers to prohibit the following land uses within the
Property:
Truck Stops SIC 5541
Drive-in Motion Picture Theaters SIC 7833
Golf Driving Ranges and Miniature Golf Courses SIC 7999
Fire and Rescue Stations No SIC Indicated
Tractor Truck & Tractor Trailer Parking No SIC Indicated
2. The Owner hereby proffers to prohibit the construction of buildings substantially
clad in metal on the Property. However, buildings shall be permitted to have
metal roofs, metal architectural and ornamental features and accents, and metal
bay doors.
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 previously 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 -48E that will continue into the Property from the limits of the inter -parcel
connection stub within the 30' ingress/egress easement on the adjoining
properties. This improvement will be designed and constructed by the Owner
concurrent with the development of the Site Development Plan for the Property
and will be completed prior to the issuance of the Certificate of Occupancy Permit
associated with this Site Development Plan.
C.) 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,
File #2022C/EAW 2
Greenway Engineering September 11, 2019 CB Ventures, LLC Rezoning
which advises of the Owner's offer to pay the cost for the installation of a single row of
c-:
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 r- 5
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 'v
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
Copies of the off-site property letters will be provided to the Frederick County Planning
Department for inclusion in the rezoning project file.
D.) 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.
OWNER SIGNATURE ON FOLLOWING PAGE
File #2022C/EAW
Greenway Engineering September H, 2019 CB Ventures, LLC Rezoning
E.) Signatures
�a
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
By: !�'�CiYI Cc C
Ned Browning, Man ger `J Date
Commonwealth of Virginia,
City/County of d cte- i-,, cL To Wit:
A
The foregoing instrument was acknowledged before me this, day of j V x'1'1 1ger
20iq by
N ary Public
My Commission Expires
File #2022C/EAW 4