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Home My WebLink About08-08 Proffer StatementAction: PLANNING COMMISSION: October 1, 2008 Recommended Approval BOARD OF SUPERVISORS: October 22, 2008 APPROVED DENIED PDRes #33 -08 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #08 -08 OF BOTANICAL SQUARE WHEREAS, Rezoning #08 of Botanical Square, submitted by Painter- Lewis, PLC, to rezone 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers dated February 7, 2008 and final revision dated October 9, 2008 for Commercial Use, was considered. The properties are located on Route 50 West, at the northeast corner of the Route 50 and Botanical Drive intersection, approximately ''A mile west of Route 37, in the Back Creek Magisterial District, and are identified by Property Identification Numbers 53 -A -74, 53 -A -75, 53 -A76 and 53 -A -77. WHEREAS, the Planning Commission held a public hearing on this rezoning on October 1, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 22 2008; 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 change 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. Richard C. Shickle, Chairman Gary W. Dove Gene E. Fisher Philip A. Lemieux PDRes. #33 -08 This ordinance shall be in effect on the date of adoption. Passed this 22 day of October, 2008 by the following recorded vote: Aye Aye Aye Aye Gary A. Lofton Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST Aye Aye Aye Jo n Rf Ritey, Fr rick County Administrator Rezoning Property: Recorded Owner: Recorded Owner: Applicant: Project Name: Original Date of Proffers: Revision Date(s): Prepared by: BOTANIC L SQUA E OMNI DESIGN /BUILD, INC. Route 50 West Proffer Statement 4.15 acres Botanical Square Route 50 West February 7, 2008 July 1, 2008 September 20, 2008 October 9, 2008 Omni Design /Build, Inc. 20288 Blueridge Mountain Road Paris, VA 20130 PAINTER- LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662 -5792 email: office @painterlewis.com Job Number: 0612010 PARCEL ID's: 53 -A -74 Carolyn R. Turner PARCEL ID's: 53 -A -75, 53 -A -76, 53 -A -77 Robert B. and Nancy R. Johnson PROFFER STATEM T PARCEL ID PARCEL ID's: 53 -A -74, 53 -A -75, 53 -A -76, 53 -A -77 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application for the rezoning of parcels TM #s 53- A-74, 53 -A -75, 53 -A -76, 53 -A -77 from RA to B2, the use and development of the subject property (the site) 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 applicant 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 owners and their legal successors or assigns. For the purposes of these proffers, the property includes all or any portion of parcels TM #s 53 -A -74, 53 -A -75, 53 -A -76, and 53 -A -77. PROFFERS page 2 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 07/01/08, identified as "Botanical Square /Route 50 West and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development, the location of the principal site access, the location of parking areas, the location of a 50' landscaped buffer along Route 50, and transportation improvements. Please refer to the attached drawing named "GDP 2.) Route 50 Right of Way Improvements The applicant will make the necessary road frontage improvements, as required by Virginia Department of Transportation, to Route 50 and Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. 3.) Improvements to Botanical Boulevard and Traffic Signalization The applicant will make the necessary road frontage improvements including pedestrian facilities, as required by Virginia Department of Transportation and Frederick County, to Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. In anticipation of the warrant for a traffic signal, the applicant will enter into a signalization agreement with the Virginia Department of Transportation providing for payment by the applicant for the cost of the design and installation of traffic signalization at the intersection of Botanical Boulevard and the site entrance when warranted by VDOT. The agreement will be executed prior to the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. In the event that traffic signalization is not warranted by VDOT and no signalization agreement is executed, the applicant agrees to pay $150,000.00, for future transportation improvements within the Route 50 and Botanical Boulevard rights -of -way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. PROFFER STATEN PARCEL ID PARCEL ID's: 53 -A -74, 53 -A -75, 53 -A -76, 53 -A -77 4.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue services the sum of $5,000.00 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. 5.) Route 50 Buffer The applicant agrees to construct a ten (10) foot wide pedestrian trail running parallel with Route 50 within a fifty (50) foot wide buffer running concurrently with the Route 50 right -of- way. The trail will be paved with an all weather surface acceptable to the Frederick County Department of Planning and Development. The buffer will contain no permanent surface improvements with the exception of the pedestrian trail, landscape elements, means of access, and utility riser structures. The trail will be owned and maintained by the property owner(s). The buffer will be landscaped by the inclusion of one shade tree per 40 linear feet of road frontage (minimum 10 trees) and one ornamental shrub per 5 linear feet of road frontage (minimum 80 shrubs) or the applicant will preserve a roughly equivalent amount of existing vegetation, or a combination thereof. A landscape /buffer plan will be submitted along with the first site plan for the site or any portion thereof. The trail and buffer will be completed prior to the occupancy of any structure on the site excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. 6.) Building Design The proposed buildings shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade facing Route 50 and Botanical Boulevard 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. 7.) Location of Parking The owner agrees that the development of the site will include no more than one (1) row of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. 8.) Maximum Floor Area The applicant agrees to limit the gross commercial floor area that will be built on the 4.15 acres to 36,000 square feet. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owners. In the event that the Frederick County Board of Supervisors grants 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. page 3 PROFFER STATEME PARCEL ID PARCEL ID's: 53 -A -74, 53 -A -75, 53 -A -76, 53 -A -77 GLIAJ 77:64 Carolyn R. Turner y /County of 1A i n�' n+ev The foregoing instrument was acknowledged before me this 13 day of C 200 Notary Public My commission expires: 1O /3i I� “1W3ct page 5 Commonwealth Of Virginia. PROFFER STATEME PARCEL ID PARCEL ID's: 53 -A -74, 53 -A -75, 53 -A -76, 53 -A -77 Submitted By: Nf \vtck-e_.st er City /County of The foregoing instrument was acknowledged before me this 10 day of CC+ 200 1339 N ary Public I My commission expires: page 4 Commonwealth Of Virginia. VINI0 IA `Jk1Nn00 >10H3G32:d 0NI `a1IfE /NOIS3G INWO IS3M 09 anal 3edvnas 1b01 \viol 1111 1111111 1111 a) :103ro1d '31'd tilM211 31. 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