HomeMy WebLinkAbout13-08 Proffer StatementAMENDMENT
Action:
PLANNING COMMISSION: January 7, 2009 Recommended Approval
BOARD OF SUPERVISORS: January 28, 2009 U APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #13 -08 OF 1932 - 1958 SENSENY ROAD PHARMACY
WHEREAS, Rezoning #13 -08 of 1932 -1958 Senseny Road Pharmacy, submitted by Painter - Lewis,
PLC, to rezone 3.93 acres from RP (Residential Performance) District to B2 (General Business) District,
with proffers dated July 2, 2008 with last revision date of January 21, 2009, for a Commercial Project that
may include a Pharmacy, was considered. The properties are located in the southeastern quadrant of the
intersection at Senseny Road (Route 665) and Greenwood Road (Route 656), in the Red Bud Magisterial
District, and are identified by Property Identification Numbers 55 -A -196, 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3,
65A- 2 -1 -4, and 65A- 2 -1 -5.
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7,2009; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 28, 2009; 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 3.93 acres from RP (Residential Performance) District to B2 (General Business) District for a
Commercial Project that may included a Pharmacy, subject to the attached conditions voluntarily
proffered in writing by the applicant and the property owner.
PDRES403 -09
This ordinance shall be in effect on the date of adoption.
D
Passed this 28th day of January, 2009 by the following recorded vote:
Richard C. Shickle, Chairman_Aye
Gary W. Dove Aye
Gene E. Fisher Aye
Philip A. Lemieux
Aye -
Gary A. Lofton Aye
Bill M. Ewing Aye
Charles S. Del- Aye faven, Jr. _
A COPY ATTEST
John Rih:y, Jr.
Frederic County Administrator
7DRF.SP03 -09
0
.
Rezoning #:
Property: 3.93 acres
PARCEL ID's: 55 -A -196, 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3,
65A- 2 -14, 65A -2 -1 -5
Recorded Owner: Sandra Love, Power of Attorney, Kenneth L. & Shirley B.
Mason, Franklin B. Anderson, Donald E. Strauss
Applicant: Mr. David Ervin
Ervin Development Corporation
1830 Plaza Drive
Winchester, Virginia 22601
Project Name: Ervin Development Corporation
1932 -1958 Senseny Road
Original Date
of Proffers: July 2, 2008
Revision Date(s): October 2, 2008
December 22, 2008
January 21, 2009
Prepared by: PAINTER- LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
Tel.: (540) 662 -5792
email: office@painterlewis.com
Job Number: 00803015
0 0
PROFFER STATEMENT
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A-2-1-2,65A-2-1-3,65A-2-1-4, 65A -2 -1 -5
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 # 13 - 09' for the rezoning of
parcels TM #'s 55 -A -196, 65A- 2- 1,65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5 from RP
to B2, the use and development of the subject property 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 owner and
their legal successors or assigns.
PROFFERS
1.) Generalized Development Plan
The applicant agrees to proffer the Generalized Development Plan (GDP) dated
10/02/08, identified as "1932 -1958 Senseny Road" and which is attached to the proffer
statement, for the purpose of identifying the general configuration of the proposed
commercial development, the location and form of the site access, the location of the
proposed pharmacy, the location of a monument to the Greenwood School, the
approximate location of interparcel access easements, and construction improvements
to Route 657 and Route 656. Please refer to the attached drawing named "GDP ".
2.) Improvements to Route 657 and Route 656
The applicant will make the necessary road frontage improvements, as required by the
Virginia Department of Transportation, to Route 657 ( Senseny Road) and Route 656
(Greenwood Road) in support of the proposed development. The improvements will be
designed and submitted for approval to the Virginia Department of Transportation and
Frederick County during the site plan review process. The improvements will include:
a) The dedication of land for the expansion of Route 657. The dedication will
include approximately 7' parallel to the existing right of way along the full
frontage of the site to provide a total right of way width of 80';
b) The design and construction of a right turn/ through lane eastbound on Route
657 and a raised median to prevent left turns from the site as required by VDOT;
c) The dedication of land for the expansion of Route 656. The dedication will
include approximately 3,300 square feet sufficient for the installation of additional
lanes on Route 656 along the frontage of the site.
d) The design and construction of a through lane and right turn lane northbound on
Route 656 at its intersection with Route 657 and a raised median to prevent left
turns from the site as required by VDOT;
e) The design and construction of a full access commercial entrance aligning with
the existing entrance to Orrick Commons and the required alterations to the
existing traffic signal as required by VDOT.
f) The design and construction of a right -in /right -out commercial entrance on
Greenwood Road.
g) The design and construction of a right -in only commercial entrance on Senseny
Road.
page 2
PROFFER STATEMENT
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
3.) Monetary Contribution to Frederick County Service Organizations
The applicant will donate or will cause to be paid to the Treasurer of Frederick County
for the benefit of the Greenwood Community Fire and Rescue Company 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.
4.) Maximum Floor Area
The applicant agrees to limit the gross commercial floor area that will be built on the
3.93 acres to 30,000 square feet. The amount of commercial area to be built will be
determined through the site plan review process.
5.) Design Features
The applicant agrees to construct a five (5) foot wide sidewalk running parallel with
Route 657 and Route 656. The sidewalk will be maintained by the property owner(s).
The sidewalk will be completed prior to the occupancy of any structure on the property.
6.) Monetary Contributions
The applicant agrees to provide $25,000.00, for future transportation improvements
within the Route 657 and Route 656 rights -of -way. This sum will be paid to the
Treasurer of Frederick County prior to the occupancy of any structure on the property.
7.) Historical Monument
The applicant agrees to construct a monument on the site commemorating the
Greenwood School prior to the issuance of the first certificate of occupancy for any
building on the site. The monument will be constructed of materials from the original
Greenwood School and generally conform to the sketch shown on the attached drawing
titled "Greenwood School Monument" and dated April 13, 2007. The approximate
location of the monument is shown on the Generalized Development Plan. The
maintenance and upkeep of the monument will be the responsibility of the property
owner.
8.) Building Design
The proposed buildings shall be constructed using compatible architectural styles 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 fagade in addition to any fagade fronting Senseny Road
and /or Greenwood Road 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. Metal panels shall be prohibited as a construction material
for buildings.
page 3
0 0
PROFFER STATEMENT
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
9.) Inter - parcel Circulation and Access
The applicant agrees to provide access easements which will permit access through the
site from all points of right of way access throughout the site and to adjacent parcels to
allow for future redevelopment on the properties to the east and south of this parcel.
The easements will be defined during the site plan process and recorded by the
applicant upon approval by Frederick County. Prior to the occupancy of any structure on
the site, the applicant will cause to construct drive aisles as necessary to provide
access from any such structure to and from the traffic signal at the full commercial
entrance on Senseny Road.
10.) Pedestrian Crossing of Senseny Road
The applicant recognizes that the ultimate width of Senseny Road at the intersection
with Greenwood Road will be approximately 100 feet from the south side to the north
side. The safe passage of pedestrians across Senseny Road is necessary and
desirable. The applicant agrees to install pedestrian visual signals and controls, striping,
and raised refuge islands as required to aid in the crossing of Senseny Road. These
improvements will be installed prior to the issuance of the first certificate of occupancy
for any building on the site and only in accordance with, and with the approval of, the
Virginia Department of Transportation.
11.) Parcel Usage
The applicant agrees to construct a pharmacy containing approximately 13,225 square
feet and associated improvements on the southeast corner of the intersection of
Senseny Road and Greenwood Road as generally shown on the GDP. The applicant
also agrees to prohibit the use of a Car Wash, SIC 7542, on the property.
page 4
11
0
PROFFER STATEMENT
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A-2-1-2,65A-2-1-3, 65A- 2 -1-4, 65A -2 -1 -5
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the even that the Frederick
County Board of Supervisors grant 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.
Submitted By:
Sandra Love, Power of Attorney
City /Gernity of Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this day of
!( 9
Nota ublic
Notary Registration number: - 7 6 1 o - wa
My commission expires: 16131 /l(-)
JEAN L. EBACK
Notary Public
Commonwealth of Virginia
Reg. # 7010302 �� ��,,
My Commission Expires /_�=
page 5
I
PROFFER STATEMENT
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A-2-1-2,65A-2-1-3, 65A- 2 -1 -4, 65A -2 -1 -5
City /Getmty of N I "jy-o� Commonwealt Of Virginia.
The foregoing instrument was acknowledged before me this day of
200
Nota ! ublic ( JEAN L. EBACK
Notary Public
- O 30 �. Commonwealth of Virginia
Notary Registration number: Reg. # 7010302
My Commission Expires D 3i
My commission expires: Q 4 1 o
Shirley B. Mad6n
City /Geumy of �v ( nTe� , Commonwealt�i Of Virginia.
The foregoing instrument was acknowledged before me this C;2 day of
Notary Registration number: '7i) /03da
My commission expires:
JEAN L. EBACK
Notary Public
Commonwealth of Virginia
Reg. # 7010302
My Commission Expires 31 /0
page 6
_q;J ;I!v
PROFFER STATEMENT
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
Franklin B. Anderson
City /Eetwity of Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this •� day of
200�
JEAN L. EBACK
Nota Publi Notary Public Commonwealth of Virginia
Reg. # 7010302
Notary Registration number: — 76163pa MY Commission Expires 3, a
My commission expires:
page 7
011 0
PROFFER STATEMENT
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A-2-1-2,65A-2-1-3,65A-2-1-4,65A-2-1-5
Donald E. Strau —' �
City /G"frty of )A Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this 13 day of
, 200
(J�
Notah Public
Notary Registration number: - 7 () 1 0 : SU
My commission expires: J U /31
JEAN L. EBACK
Notary Public
Commonwealth of Virginia
Reg' # 701030 2
701030
My Commission Expires eJ d
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PROJECT:
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41
1932 S e ns en y Road
,IkddS
Proffer Statement
Rezoning #:
Property: 3.93 acres
PARCEL ID's: 55 -A -196, 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3,
65A- 2 -1 -4, 65A -2 -1 -5
Recorded Owner: Sandra Love, Power of Attorney, Kenneth L. & Shirley B.
Mason, Franklin B. Anderson, Donald E. Strauss
Applicant: Mr. David Ervin
Ervin Development Corporation
1830 Plaza Drive
Winchester, Virginia 22601
Project Name: Ervin Development Corporation
® 1932 -1958 Senseny Road
Original Date
of Proffers: July 2, 2008
Revision Date(s): October 2, 2008
NOT
Prepared by: PAINTER- LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
Tel.: (540) 662 -5792
email: office @painterlewis.com
Job Number: 00803015
PROFFER STATE AM •
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
® 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 # /3' for the rezoning of
parcels TM #'s 55 -A -196, 65A- 2- 1,65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5 from RP
to B2, the use and development of the subject property 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 owner and
their legal successors or assigns.
PROFFERS
1.) Generalized Development Plan
The applicant agrees to proffer the Generalized Development Plan (GDP) dated
10/02108, identified as "1932 -1958 Senseny Road" and which is attached to the proffer
statement, for the purpose of identifying the general configuration of the proposed
commercial development, the location and form of the site access, the location of the
proposed pharmacy, the location of a monument to the Greenwood School, the
approximate location of interparcel access easements, and construction improvements
to Route 657 and Route 656. Please refer to the attached drawing named "GDP ".
2.) Improvements to Route 657 and Route 656
• The applicant will make the necessary road frontage improvements, as required by the
Virginia Department of Transportation, to Route 657 ( Senseny Road) and Route 656
(Greenwood Road) in support of the proposed development. The improvements will be
designed and submitted for approval to the Virginia Department of Transportation and
Frederick County during the site plan review process. The improvements will include:
a) The dedication of land for the expansion of Route 657. The dedication will
include approximately 7' parallel to the existing right of way along the full
frontage of the site to provide a total right of way width of 80';
b) The design and construction of a right turn/ through lane eastbound on Route
657 and a raised median to prevent left turns from the site as required by VDOT;
c) The dedication of land for the expansion of Route 656. The dedication will
include approximately 3,300 square feet sufficient for the installation of additional
lanes on Route 656 along the frontage of the site.
d) The design and construction of a through lane and right turn lane northbound on
Route 656 at its intersection with Route 657 and a raised median to prevent left
turns from the site as required by VDOT;
e) The design and construction of a full access commercial entrance aligning with
the existing entrance to Orrick Commons and the required alterations to the
existing traffic signal as required by VDOT.
f) The design and construction of a right -in /right -out commercial entrance on
Greenwood Road.
g) The design and construction of a right -in only commercial entrance on Senseny
Road.
page 2
PROFFER STATEART •
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
® 3.) Monetary Contribution to Frederick County Service Organizations
The applicant will donate or will cause to be paid to the Treasurer of Frederick County
for the benefit of the Greenwood Community Fire and Rescue Company 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.
4.) Maximum Floor Area
The applicant agrees to limit the gross commercial floor area that will be built on the
3.93 acres to 30,000 square feet. The amount of commercial area to be built will be
determined through the site plan review process.
5.) Design Features
The applicant agrees to construct a five (5) foot wide sidewalk running parallel with
Route 657 and Route 656. The sidewalk will be maintained by the property owner(s).
The sidewalk will be completed prior to the occupancy of any structure on the property.
6.) Monetary Contributions
The applicant agrees to provide $25,000.00, for future transportation improvements
within the Route 657 and Route 656 rights -of -way. This sum will be paid to the
Treasurer of Frederick County prior to the occupancy of any structure on the property.
7.) Historical Monument
The applicant agrees to construct a monument on the site commemorating the
Greenwood School prior to the issuance of the first certificate of occupancy for any
building on the site. The monument will be constructed of materials from the original
Greenwood School and generally conform to the sketch shown on the attached drawing
titled "Greenwood School Monument" and dated April 13, 2007. The approximate
location of the monument is shown on the Generalized Development Plan. The
maintenance and upkeep of the monument will be the responsibility of the property
owner.
8.) Building Design
The proposed buildings shall be constructed using compatible architectural styles 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 fagade in addition to any fagade fronting Senseny Road
and /or Greenwood Road 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. Metal panels shall be prohibited as a construction material
for buildings.
0
page 3
PROFFER STATE<v1ENT •
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
® 9.) Inter - parcel Circulation and Access
The applicant agrees to provide access easements which will permit access through the
site from all points of right of way access throughout the site and to adjacent parcels to
allow for future redevelopment on the properties to the east and south of this parcel.
The easements will be defined during the site plan process and recorded by the
applicant upon approval by Frederick County.
10.) Pedestrian Crossing of Senseny Road
The applicant recognizes that the ultimate width of Senseny Road at the intersection
with Greenwood Road will be approximately 100 feet from the south side to the north
side. The safe passage of pedestrians across Senseny Road is necessary and
desirable. The applicant agrees to install pedestrian visual signals and controls, striping,
and raised refuge islands as required to aid in the crossing of Senseny Road. These
improvements will be installed prior to the issuance of the first certificate of occupancy
for any building on the site and only in accordance with, and with the approval of, the
Virginia Department of Transportation.
11.) Parcel Usage
The applicant agrees to construct a pharmacy containing approximately 13,225 square
feet and associated improvements on the southeast corner of the intersection of
Senseny Road and Greenwood Road as generally shown on the GDP.
page 4
PROFFER STATEMA
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the even that the Frederick
County Board of Supervisors grant 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.
Submitted By:
�AQ--
Sandra Love, Power of Attorney
City /County of r"Eal�
, Commonwealth Of Virginia.
The foregoing instrument was acknowledged before
me this day of
c�crovba 200
Notary Public
®
CJ ?GOMMISSIONF q`rO%��
Notary Registration number:
_ F CommOM4gIH =
OF VIRC --INw
COMMISSION _
expires. Tgnl, 3� ab�°!
My commission ex p �
•35326
0
'
a l -zoos
u
page 5
PROFFER STATEM#
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
® - r� ,
Kenneth L. Mason
City /County of FA- c2FAK , Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this v ? ,^d day of
6,� ,T - oBea 200
C\'.`
N ary Public = OF ORGNK
- - COMMISSION }
# 353426
Notary Registration number: °',,, Z ..`
ti
My commission expires: � . 3 2 / 1 611 111 1 111 00. P
\\``
i
hirleyX. Ma on
A
City /County of FA t Commonwealth Of Virginia.
• The foregoing instrument was acknowledged before me this o?a day of
OCT - 606rL _ , 200
W j � \ 511 N E
Notary Public G �.. oM ,1551pN ..s
G E ° 0
F C OMMON4/EAIIH �•'. "-
Notary Registration number: 3 �f�Cp = of VmclNU
COMMISSION,
a 353426
r•
My commission expires:. 3 / a00 Q ( �'3 1.400
' I PUB�\G������
E
•
PROFFER STATEMA
PARCEL ID's: 55 -A -196, 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
Franklin B. Anderson IM
City /County of rAf9FA' , Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this c P day of
WO t0.- II i
�511NE U ✓���i�:
Notary Public
Notary Registration number: `oMM°� N`..
of
-_ C MMbSip,� S
# 353126
My commission expires: �,TJA/• �a o09 „ 2oo .....
.'
ti
•
page 7
PROFFER STATEMEI
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
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Donald E. Straus5(
City /County of F41REAK Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this ai day of
Notary Public o °\sT '':=
Notary Registration number: 3S- 3�A7(a
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My commission expires: �/(/�• 3 1 4 ?06 K353426
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4 31 2004..'
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