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Home My WebLink About01-04 Proffer StatementGreenway Engineering December 8, 2003 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 applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 1.17 acres from the RA, Rural Areas District to establish 1.17 acres of B2, Business General District, 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 In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever.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. The subject property, more particularly described as the lands owned by Michael Shepard and Cheryl Shepard being all of Tax Map Parcels 64- ((A)) -14 and 64- ((A)) -15, and further described by Deed Instruments 030000500 and 030000501 recorded in the Frederick County Clerk of the Court Office on January 10, 2003. The applicant hereby proffers the following: A.) Site Access 1. The applicants hereby proffer to utilize a shared entrance to provide access to tax map parcels 64- ((A)) -14 and 64- ((A)) -15. An ingress /egress easement will be established with the Site Development Plan for the two parcels to provide for access to each parcel and to provide for the maintenance of the shared entrance. Furthermore, the applicants hereby proffer to provide for a right turn/taper lane on Front Royal Pike (Route 522) to the shared entrance to provide for safe access to the two parcels. 2, File #3577/EA W SHEPARD REZONING Tax Parcels 64- ((A)) -14 64- ((A)) -15 Shawnee Magisterial District Shepard Rezoning The applicants hereby proffer to provide for ten -foot (10) pedestrian access easements that will provide linkages to the parcels immediately north of tax map parcel 64- ((A)) -14 and immediately south of tax map parcel 64- ((A)) -15. The ten -foot (10) pedestrian access easements will be established with the Site Development Plan for the two parcels to provide for potential connectivity to the on -site sidewalk system by others to promote inter parcel pedestrian systems. 1 PD Res #02 -04 Action: PLANNING COMMISSION: March 3, 2004 Recommended Approval BOARD OF SUPERVISORS: April 14, 2004 APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP tto,_oy REZONING 04 OF SHEPARD PROPERTIES AMENDMENT WHEREAS, Rezoning #02 -04 of Shepard Properties, submitted by Greenway Engineering, to rezone two parcels totaling 1.17 acres from RA (Rural Areas) and B2 (Business General). The subject properties are located west and adjacent to Front Royal Pike (Route 522 South), approximately 1,500 feet south from the intersection with Airport Road (Route 645), and are identified with Property Identification Numbers 64 -A -14 and 64 -A -15 in the Shawnee Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on March 3, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 14, 2004; 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 1.17 acres from RA (Rural Areas) to B2 (Business General), as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. PD Res. #02-04 Passed this 14th day of April, 2004 by the following recorded vote: Richard C. Shickle, Chairman Ave Barbara E. VanOsten Aye Gina A. Forrester Ae_ Gary Dove ATe W. Harrington Smith, Jr. Aye Bill M. Ewing Aye Lynda J. Tyler Aye A COPY ATTEST John WRiley, Jr. Frederick County Administrator Greenway Engineering. B.) Corridor Appearance C.) Land Use Restrictions SIC 483 SIC 49 SIC 551 SIC 552 SIC 555 SIC 556 SIC 557 SIC 559 SIC 701 SIC 704 SIC 7542 SIC 7832 SIC 7999 File #3577 /FAW December 8, 2003 Shepard Rezoning 1. The applicants hereby proffer to enhance the Front Royal Pike (Route 522) corridor through the implementation of a conceptual landscape schematic plan prepared by Greenway Engineering, dated December 2003 and attached as a proffered exhibit. The conceptual landscape schematic provides deciduous flowering trees, shade trees, massing of shrubs and flowers to add interest and seasonal color along this portion of the Front Royal Pike corridor. All plant materials will be maintained by an automated sprinkler system that is installed by the applicant. 2. The applicants hereby proffer to limit the number of freestanding business signs to one for tax map parcel 64- ((A)) -14 and one for tax map parcel 64- ((A)) -15. Furthermore, the applicants hereby proffer to limit the height of each freestanding business sign to twenty (20) feet. The applicants hereby proffer to restrict the following B -2 District land uses from tax map parcels 64- ((A)) -14 and 64- ((A)) -15: Radio and Television Broadcasting Stations Electric, Gas and Sanitary Sewer Facilities, excluding offices Motor Vehicle Dealers (New and Used) Motor Vehicle Dealers (Used Only) Boat Dealers Recreational Vehicle Dealers Motorcycle Dealers Automotive Dealers, Not Elsewhere Classified Hotels and Motels Organization hotels and lodging Car Washes Motion Picture Theaters Golf Driving Ranges and Miniature Golf Courses Adult Retail Uses 2 E.) Signatures By: Greenway Engineering December 8, 2003 D.) Monetary Contribution for Fire and Rescue Services The applicants hereby proffer to provide a cash payment of $200.00 to be directed to Millwood Volunteer Fire and Rescue to mitigate impacts to Fire and Rescue Services. The applicants will provide the cash payment to Treasurer of Frederick County, Virginia at the time of building permit issuance for the first structure developed on either tax map parcel 64- ((A)) -14 or tax map parcel 64- ((A)) -15. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. 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: B Michael Shepard Date Cheryl Shepard Commdnwealth of Virginia, i &f I Zz 6 4 1 Date City ounty f Peden To Wit: The foregoing instrument was acknowledged before me this72 of JOInutil( 2004 -by `Ii d S. she rd avC( Cher 1 A. Sk My Commission Expires helot Zq aco4— i u;as Scnm s5ivvicftt NLO(c+V 05 Doan. L.5 Fepken3 File #3577 /EAW 0� 71'k:pcac� Notary Public rd Shepard Rezoning riCOUT LAISadin ftM4 2oU 522 r IWA-1- PIKE- 9 DWAKWIMUtPVuo MUS 2up ANA .LLY SScGotIAL tvcitcs C L DATE: PEG. 2?3, 2003 JALE:: 1" 20' (PLAN \HEW) DESIGNED BY SBW FILE NO. 3577 SHEET 1 OF 1 SHEPARD PROPERTY REZONING rRoNT LA1U P5 PLAN SHAWNEE MAGESTERIAL DISRICT FREDERICK COUNTY, VA DATE REVISION GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22802 Telephone 540 -662 -4185 FAX 540 -722 -8520