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Home My WebLink About01-10 Proffer (2)RESOLUTION Action: PLANNING COMMISSION: November 3, 2010 Recommended 'Approval BOARD OF SUPERVISORS: November 10, 2010 APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-1 0 PROFFER REVISION OF BUSY BEEZ DAYCARE WHEREAS, Rezoning #01 -10 Proffer Revision of Busy Beez Daycare, submitted by Greenway Engineering, to revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) District and to rezone 0.567 acres of land from the B3 District to the B2 (General Business) District with revised proffers, totaling 1.89 acres, was considered. The total 1.89 acres was originally zoned with proffers to the B3 District with Rezoning #05 -01. The properties are located on the west side of Martinsburg Pike (Route 11), approximately 2,000 feet south of Interstate 81 Exit 323, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 33 -A -92 and a portion of 33 -A -93. WHEREAS, the Planning Commission held a public hearing on this rezoning on November 3, 2010; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November I0, 2010; 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 proffers for 1.324 acres of land zoned B3 (Industrial. Transition) District and to rezone 0.567 acres of land from the B3 District to the B2 (General Business) District with revised proffers, totaling 1.89 acres, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRcs. #39 -10 Gary Dove Gene E. Fisher Christopher E. Collins PDRcs. 1139 This ordinance shall be in effect on the date of adoption. Passed this 10th day of November, 2010 by the following recorded vote: Richard C. Shickle, Chairman Aye Aye Aye Aye Gary A. Lofton Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST John ey, r. Fred k County Administrator Aye Aye Aye O CO t0001115a• Greenway Engineering REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters File #2624 /EAW August 19, 2010 Revised September 21, 2010 Revised October 1, 2010 PROFFER STATEMENT RZ# O Industrial Transition District (B3) with Proffers to Industrial Transition District (B3) and Business General District (B2) with Revised Proffers 1.89 acres Tax Parcels #33- ((A)) -92 33- ((A)) -93 Timothy W. Johnson Margo D. Johnson (TM# 33 -A -92) Clear Brook Rentals, LLC (Timothy W. Johnson) (TM# 33 -A -93) Timothy W. Johnson Margo D. Johnson and Clear Brook Rentals LLC (here -in after "the Applicant Busy Beez Daycare Rezoning May 9, 2001 October 1, 2010 Busy Beez Daycare Rezoning 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 Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #0 -/o for the rezoning of 1.89± acres from the Industrial Transition (B3) District with Proffers to the Industrial Transition (B3) District and Business General (B2) District with Revised 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 Applicant 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 Applicant and their legal successors, heirs, or assigns. These proffers are a conditional zoning amendment to Rezoning #05 -01 of Timothy W. Johnson, approved by the Frederick County Board of Supervisors on September 12, 2001. The subject properties are more particularly described as the land owned by Clear Brook Rentals, LLC being all of Tax Map Parcel 33- ((A)) -93 and further described by Instrument No. 100001314, and the land owned by Timothy W. Johnson Margo D. 0 CA) Greenway Engineering August 19, 2010 Revised September 21, 2010 Revised October 1, 2010 Busy Bees. Daycare Rezoning Johnson being all of Tax Map Parcel 33- ((A)) -92 and further described by Instrument No. 060001525, and are further described by the Boundary Survey Plat prepared by W. Stuart Dunn, L.S., dated June 6, 1996 and recorded as Deed Book 860 Page 1476 (see attached Boundary Survey Plat). A.) Allowed Uses PROFFERED CONDITIONS 1.) The following land uses shall be permitted within the B -3, Industrial Transition District on tax map parcel 33- ((A)) -92: SIC 15, 16 17 Office and storage facilities for building construction contractors, heavy construction contractors and special trade contractors. SIC 48 Communication facilities and offices, including telephone, telegraph, radio, television and other communications. SIC 73 Business services. SIC 75 Automotive repair, services and parking. SIC 76 Miscellaneous repair services. SIC 861 Business Associations. Self service storage facilities (No SIC). Public buildings (No SIC). Public utility distribution facilities (No SIC). All other land uses within the B -3, Industrial Transition District shall not be permitted on tax map parcel 33- ((A)) -92 unless approved through a subsequent conditional zoning amendment. 2.) The following land uses shall be permitted within the B -2, Business General District on tax map parcel 33- ((A)) -93: SIC 48 Communication facilities and offices, including telephone, telegraph, radio, television and other communications. SIC 73 Business services. SIC 76 Miscellaneous repair services. SIC 8351 Child day -care facilities. SIC 861 Business Associations. Self- service storage facilities (No SIC). Public buildings (No SIC). Public utility distribution facilities (No SIC). File4t2624 /EAW 2 Ltt 0 CO N Greenway Engineering August 19, 2010 Revised September 21, 2010 Revised October 1, 2010 Busy Beez Daycare Rezoning All other land uses within the B -2, Business General District shall not be permitted on tax map parcel 33- ((A)) -93 unless approved through a subsequent conditional zoning amendment. B.) Access Management 1.) Tax map parcels 33- ((A)) -92 and 33- ((A)) -93 shall be served by the existing commercial entrance on Martinsburg Pike (U.S. Route 11). 2.) The Applicant hereby proffers to dedicate right -of -way along the Martinsburg Pike (U.S. Route 11) frontage of tax map parcel 33- ((A)) -93 to accommodate the future widening of this corridor. This one time right -of -way dedication shall not exceed 10 feet in width and shall occur subsequent to the final Martinsburg Pike design plan approval. The Applicant shall provide the required, right -of -way dedication within 90 days of written request by Frederick County and /or VDOT. C.) Structural Development Limitation 1.) Tax map parcel 33- ((A)) -93 shall be limited to a maximum structural area of 3,000 square feet for all land uses, exclusive of self service storage facilities, identified in Section A(2) of the proffer statement. D.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event rezoning application #al-/o is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $0.10 per square footage of structural area developed subsequent to approval of this rezoning application. This monetary contribution is intended to offset impacts to fire and rescue services and will be paid prior to issuance of an occupancy permit for the first land use constructed on tax map parcel 33- ((A)) -93. Please refer to Page 4 and Page 5 of the Proffer Statement for Notarized Owner Signatures File #2624/EAW 3 0 W CO Greenway Engineering E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner of tax map parcel 33- ((A))-93. 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: By: By: Commonwealth of Virginia, August 19,2010 Revised September 21, 2010 Revised October 1, 2010 k'eAe.,v(cL To Wit: 20Loby 1 tiY\tr+'ty u). 3ok✓1son My Commission Expires Fe 2_C 2OI Z ?ecti'i't ua 0 in Zet b t o it ili)no,, P p iv o ,ear s ro OF ti .Y P File #2624 /EAW Busy Beez Daycare Rezoning imothy W. ohnson Date The foregoing instrument was acknowledged before me this 12- 41 'tlay of (DCVO be r NC5o 1D iolnosoN Notary Public t O /12/2 -oia Date O CO Greenway Engineering E.) Signatures File #2624/EAW The conditions proffered above shall be binding upon the heirs, executors, adininistrators, assigns and successors in the interest of the Applicant and owner of tax map parcel 33- ((A))-92. 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: By: Mt Cl f3 atk7 6I5 1 -1c ��t /0�, /�,0 Cle' Brook Rentals LLC (Timothy W. Johnson) Date Commonwealth of Virginia, City/ ount of CCecle✓ick- The foregoing instrument was acknowledged before me this 12*tday of 0C+016eic 20jQby I I Ms �1� JO�1✓lSa✓1 August 19, 2010 Revised September 21, 2010 Revised October 1, 2010 K Commission Expires Feb- 2 2.01 2-- ecyska-lion 7A4otolo To Wit: .11 t' Busy Beez Daycare Rezoning Notary Public 0 0 v Ul BOUNDARY SURVEY OF THE LANDS OF NICETAS MATHEWS, CHARLES LEWIS AND PAULINE LEWIS TRUSTEES FOR LOCAL LODGE NO. 2335 OF INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS UNION DEED BOOK 507, PAGE 311 TAX MAP 33, TRACT 92 AND TAX MAP 33, TRACT 93 ((A)) warm ON THE WEST WE OF U.E. RWIIH N0.14 ON THE BAST saes 07 ITTFRSTATB ROUSE NO. 81 ABOUT 1 314 MESS NORTH OF CIEARBROOK AND STSUA1B Di STONEWALL MAGSTBAIN. DISTRICT. FREDERICK 001RtTY. VBtQIrBA• sari' 77 to mu TRACTS TFes• NOTE; TRACTS ARE NOT IN ME 100 YEAR PIAOD PL UN DESIGNATED BY RUM. rut 009,44UNIIY PANEL P10. 510063 0075 B, DATED MN 17, 1978. 1 HEREBY L 3ETIFY T11AT ON TUNE 9.19961 MADE AN ACCURATE SURVEY OP 7703 PRffiASES SHOWN HEREON MW TO nie BEST OF MY KNOWLEDGE AND DEUEP THEM ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHIII THAN THOSE SHOWN HEREON. DUNN LAND SURVEYS INC. BERENNE.LB, VIRGINIA AJNB 6, 1996 VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on kLAO at 3.31 :Ind w'th certificate of acknowledgement thereto.annexed was admitted to record. Tax imposed by Sec. 58.1-802 of P r and 58.1 -801 have been paid, if assessable .G, p Clerk i y I.6q COMMONWEALTH OF VIRGINIO OFFICIAL RECEIPT MI I FREDERICK CIRCUIT COURT :1 DEED RECEIPT o I DATE: 11/16/10 TINE: 15:31:38 ACCOUNT: 069CLR100011158 RECEIPT: 1000002089S CASHIER: PAM REG: NE17 TYPE: OTHER PAYMENT: FULL PAYMENT i I INSTRUMENT 100011158 BOOK: PAGE: RECORDED: 11/16/10 AT 15:31 2 GRANTOR: JOHNSON. TIMOTHY W EX: N LOC: CO GRANTEE: JOHNSON. TIMOTHY N EX: N PCT: 100X AND ADDRESS g RECEIVED OF FREDERICK COUNTY/ R. NMS ri DESCRIPTION 1: ST IST PAGES: 8 0/P 0 d J 2: PROFFER STATEMENT NAMES: 0 CONSIDERATION: .00 A /VAL: .00 MAP: MISC PIN: 000 ZERO PAYMENT .00 TENDERED 00 AMOUNT PAID: .00 s CHANGE ANT .00 i u`. p1! CLERK OF COURT: REBECCA P. HOBAN tj .I imp r r Greenway Engineering August 19, 2010 Revised September 21, 2010 REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters PROFFER STATEMENT RZ# 0 —i° Industrial Transition District (B3) with Proffers to Industrial Transition District (B3) and Business General District (B2) with Revised Proffers 1.89 acres Tax Parcels #33- ((A)) -92 33- ((A)) -93 Timothy W. Johnson Margo D. Johnson (TM# 33 -A -92) Clear Brook Rentals, LLC (Timothy W. Johnson) (TM# 33 -A -93) Timothy W. Johnson Margo D. Johnson and Clear Brook Rentals LLC (here -in after "the Applicant Busy Beez Daycare Rezoning May 9, 2001 September 21, 2010 Busy Beez Daycare Rezoning 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 Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application (Uzi for the rezoning of 1.89± acres from the Industrial Transition (B3) District with Proffers to the Industrial Transition (B3) District and Business General (B2) District with Revised 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 Applicant 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 Applicant and their legal successors, heirs, or assigns. These proffers are a conditional zoning amendment to Rezoning #05 -01 of Timothy W. Johnson, approved by the Frederick County Board of Supervisors on September 12, 2001. The subject properties are more particularly described as the land owned by Clear Brook Rentals, LLC being all of Tax Map Parcel 33- ((A)) -93 and further described by Instrument No. 100001314, and the land owned by Timothy W. Johnson Margo D. File #2624/EA W 1 Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Revised September 21, 2010 Johnson being all of Tax Map Parcel 33- ((A)) -92 and further described by Instrument No. 060001525, and are further described by the Boundary Survey Plat prepared by W. Stuart Dunn, L.S., dated June 6, 1996 and recorded as Deed Book 860 Page 1476 (see attached Boundary Survey Plat). A.) Allowed Uses PROFFERED CONDITIONS 1.) The following land uses shall be permitted within the B -3, Industrial Transition District on tax map parcel 33- ((A)) -92: SIC 15, 16 17 Office and storage facilities for building construction contractors, heavy construction contractors and special trade contractors. SIC 48 Communication facilities and offices, including telephone, telegraph, radio, television and other communications. SIC 73 Business services. SIC 75 Automotive repair, services and parking. SIC 76 Miscellaneous repair services. SIC 861 Business Associations. Self service storage facilities (No SIC). Public buildings (No SIC). Public utility distribution facilities (No SIC). All other land uses within the B -3, Industrial Transition District shall not be permitted on tax map parcel 33- ((A)) -92 unless approved through a subsequent conditional zoning amendment. 2.) The following land uses shall be permitted within the B -2, Business General District on tax map parcel 33- ((A)) -93: SIC 48 Communication facilities and offices, including telephone, telegraph, radio, television and other communications. SIC 73 Business services. SIC 76 Miscellaneous repair services. SIC 8351 Child day -care facilities. SIC 861— Business Associations. Self service storage facilities (No SIC). Public buildings (No SIC). Public utility distribution facilities (No SIC). File #2624/EAW 2 Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Revised September 21, 2010 All other land uses within the B -2, Business General District shall not be permitted on tax map parcel 33- ((A)) -93 unless approved through a subsequent conditional zoning amendment. B.) Access Management 1.) Tax map parcels 33- ((A)) -92 and 33- ((A)) -93 shall be served by the existing commercial entrance on Martinsburg Pike (U.S. Route 11). 2.) The Applicant hereby proffers to dedicate right -of -way along the Martinsburg Pike (U.S. Route 11) frontage of tax map parcel 33- ((A)) -93 to accommodate the future widening of this corridor. This one time right -of -way dedication shall not exceed 10 feet in width and shall occur subsequent to the final Martinsburg Pike design plan approval at no cost to the Applicant. C.) Structural Development Limitation 1.) Tax map parcel 33- ((A)) -93 shall be limited to a maximum structural area of 3,000 square feet for all land uses, exclusive of self- service storage facilities, identified in Section A(2) of the proffer statement. D.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event rezoning application #ei -/o is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $0.10 per square footage of structural area developed subsequent to approval of this rezoning application. This monetary contribution is intended to offset impacts to fire and rescue services and will be paid prior to issuance of an occupancy permit for the first land use constructed on tax map parcel 33- ((A)) -93. Please refer to Page 4 and Page 5 of the Proffer Statement for Notarized Owner Signatures File #2624/EAW 3 Greenway Engineering E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner of tax map parcel 33- ((A))-93. 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: By: Commonwealth of Virginia, Cit(County f rt redevid'_ The foregoing instrument was acknowledged before me this ZSfday of Sop{r.v,nloe✓ 2010by 11✓vto -1417 11J.JOkia6mn rknci- MavGo D. 1)oln✓l3ovk M Commission Expires Fe 19 ZOi 2- Ke \IS iejhon4 ZU (DID File #2624/EAW imothy W. Johnson Date August 19, 2010 Busy Beez Daycare Rezoning Revised September 2l, 2010 To Wit: x Notary Public a o, Date 4 Greenway Engineering August 19, 2010 Revised September 21, 2010 E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner of tax map parcel 33- ((A))-92. 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: By: Commonwealth of Virginia, Cit 'Count of frecl e✓icic_ The foregoing instrument was acknowledged before me this �15� day of Se pl"cuvt k r 201D by .Johnson (pup My Commission Expires Leh. ZJ, Lot ?eaisf ra: orl 4Z5c, o( File #2624/EAW Clea Wrook Rentals LLC (Ti othy W. Johnson) To Wit: Busy Becz Daycare Rezoning 2 //20/6 Date Notary Public 5