HomeMy WebLinkAbout01-10 ProfferRESOLUTION
Action:
PLANNING COMMISSION: November 3, 2010 Recommended 'Approval
BOARD OF SUPERVISORS:
PDRes. #39 -10
November 10, 2010 PEI APPROVED DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #0 1 -I0 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 321 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 10, 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.
Gary Dove
Gene E. Fisher
Christopher E. Collins
PDRes. #39 -10
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; ck County Administrator
Aye
Aye
Aye
Li
O
CO
100011154
Greenway Engineering
REZONING:
PROPERTY:
RECORD OWNER:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
August 19, 2010
Revised September 21, 2010
Revised October 1, 2010
PROFFER STATEMENT
1.89 acres
Tax Parcels #33- ((A)) -92 33- ((A)) -93
Busy Beez Daycare Rezoning
May 9, 2001
October 1, 2010
Busy Beez Daycare Rezoning
RZ# /-/O
Industrial Transition District (B3) with Proffers to Industrial
Transition District (B3) and Business General District (B2) with
Revised Proffers
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
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.
File #2624/EAW t
Greenway Engineering
A.) Allowed Uses
August 19,2010
Revised September 21, 2010
Revised October 1, 2010
PROFFERED CONDITIONS
Busy Beez 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).
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
t
3 3
0
N
Greenway Engineering
B.) Access Management
August 19, 2010
Revised September 21, 2010
Revised October 1, 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.
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 #a 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
Busy Beez Daycare Rezoning
File #2624/EAW 3
0
CO
J
(-4)
Grecnway Engineering
E.) Signatures
Respectfully Submitted:
By:
By:
File #2624/EAW
August 19, 2010
Revised September 21, 2010
Revised October 1, 2010
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.
/V /l2lZ -o '0
imothy W. ohnson Date
Commonwealth of Virginia,
City ounty if 1veAef(Ck- To Wit:
The foregoing instrument was acknowledged before me this (21 of 0C—+D ber
2O oby Tii oBny 3o kin soin
My Commission Expires 1 2 2_012-
Reii-51 trai iori 4. 21blo(o
Lk//F•.
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Busy Beez Daycare Rezoning
(Wk Hairy Tb. Jolnnso V7
alypu;u-71444:e.i
Notary Public
G 0//240/13
Date
Orecnway 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))-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: 9 "1f1GF, Cle.6. 3arbkRQlEkjS �`id, Ali t. /2oro
Cle'd Brook Rentals LLC (Timothy W. Johnson) Date
Commonwealth of Virginia,
City/ ount of -I �'2CreAcic-
The foregoing instrument was acknowledged before me this 12 of 0C-+Dl
20J1Dbyi I (VI U..) JekilSDV1 Y
1 4 e
e
Mj Commission Expires Feb- i 2912-
e k t 2-Ci(ol0(0
August 19, 2010
Revised September 21, 2010
Revised October 1, 2010
To Wit:
Busy Beez Daycare Rezoning
Notary Public
File #2624/EAW 5
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v
5• O J 4 G
BOUNDARY SURVEY OF THE LANDS OF
NICETAS MATHEWS, CHARLES LEWIS AND PAULINE LEWIS
TRUSTEES FOR LOCAL LODGE 140. 2335 OF
I ITANATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS UNION
DEED BOOK 307, PAGE 522
TAX MAP 33, TRACT 92 ((t.))
AND TAX MAP 33, TRACT 93 ((A))
IACAT ON ON THE WEST SE OF imam= 140. MARS PA. AND ON THE BAST SIDE
00' DMIRSTATE ROUTE ND. 01 ABOVr 1314 MILES NORTH OF CiEARBROOK AND SITUATE Di
SPCNffiWAILMAC EITE1ALDL41RlCr FREDERICK COUNTY, VIRGINIA.
NUS ND 4771E ad me m=
NOTE: THESE TRACTS ARE NOV IN THE 100 YEAR FLOOD PLAIN DESIGNATED BY HUD.
TERM COMMUNITY PANE, NO. 810063 0073 B. DATED JULY 17, 1978.
I HEREBY t:ER7FY THAT ON JUNE 5,1996 MADE M4 ACCURATE SURVEY Of THE E NO MI SE S
SHOWN }MEW ANC 70 TR BEST OF MY KNOWLEDGE AND B8tJ81'
OR Ercumaterrs VISIBLE 014 THE GROUT° OTHER THAN mom SHOWN HEREOt
SURVEY 140.207 DUNN LAND SURVEYS INC.
SHEET NO 1 OF 2 BERRYVILLE, VIRGINIA
JUNE 6, 1996
VIRGINIA! FREDERICK COUNTY, SCT.
This instrument of writing was produced to me on
t\ dt) U at 3.31 p.
:end u- th certificate of acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1 -802 of
and 58.1 -801 have been paid, if assessable
pr Clerk
tot
tPS
IA
Lpq
I
DC -18 8150)
COMMONWEALTH OF VIRGINI
OFFICIAL RECEIPT
FREDERICK CIRCUIT COURT
DEED RECEIPT
0 Lt
DATE: 11/16/10 TIME: 15:31:38 ACCOUNT: 069CLR100011158 RECEIPT: 1000002089E
CASHIER: PAM REG: NE17 TYPE: OTHER PAYMENT: FULL PAYMENT
j I NSTRUMENT 100011158 BOOK: PAGE: RECORDED: 11/16/10 AT 15:31
GRANTOR: JOHNSON. TIMOTHY W EX: N LOC: CO
GRANTEE: JOHNSON. TIMOTHY N EX: N PCT: 100%
AND ADDRESS
RECEIVED OF FREDERICK COUNTY/ R. HMS
4.00
ti DESCRIPTION 1: ST DIST RASES: 8 0/P 0
i6J H 2: PROFFER STATEMENT NAMES: 0
S CONSIDERATION: .00 A /VAL: .00 MAP: MI
000 ZERO PAYMENT t .00
FE
TENDERED .00
AMOUNT PAID: .00
s CHANGE AMT .00
CLERK OF COURT: REBECCA P. HOBAN
IA
1
n
I
I
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# CFO
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 #of
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/EAW 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 Buz 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 #c' -%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 August 19, 2010 Busy Beez Daycare Rezoning
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))-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:
14-a
gc�D. John i on
Commonwealth of Virginia,
CitCCounty f I
The foregoing instrument was acknowledged before me this Zfsfday of aeAt
20104 I I vvto -14,1y UJ.Jokvlsovi and- M a ur D.. Jokvt5o �n
karkAt.a l X i'lfLta
Notary Public
M' Commission Expires Fe.IJ' 2-9 2-OI Z
Ke5i5Tra =Toil 4 2.4(010(0,
Q
rA1lY PJ
+n ntn l ll 11
File #2624/EAW
imothy W. Johnson Date
To Wit:
6 7 a/ -.2o/a
9-v2, /C0
Date
4
Grecnway Engineering August t9, 2010 Busy Beez Daycare Rezoning
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:
2//20/o
Cie-aril/rook Rentals LLC (Ti othy W. Johnson) Date
Commonwealth of Virginia,
f frecle✓dc-
The foregoing instrument was acknowledged before me this ZJ5 day of Gc4Feuvt r
20ID by I fv4o4-hy t,O Ot,m cr
My Commission Expires Fe di). 2f, 2_(:)( 2_
RegisFro_fic)•• Zqt, I o (o
File #2624/EAW
To Wit:
7'a-a
Notary Public
5