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Home My WebLink About09-04 Proffer StatementAMENDMENT Action: PLANNING COMMISSION: July 7, 2004 Recommended Approval BOARD OF SUPERVISORS: August 11, 2004 APPROVED DENIED WHEREAS, Rezoning #09 -04 of David A. and Linda W. Hicks, submitted by Greenway Engineering, to rezone .85 acres from the RA (Rural Areas) District to the B2 (Business General) District. The subject property is located in the northwestern quadrant at the intersection of North Frederick Pike (Route 522 N) and Burnt Church Road (Route 678), and is identified by Property Identification Number 42 -A81 in the Gainesboro Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on July 7, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 11, 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 .85 acres from the RA (Rural Areas) District to the B2 (Business General) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. I'PRes 13 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #09 -04 OF DAVID A. AND LINDA W. HICKS This ordinance shall be in effect on the date of adoption. Richard C. Shickle, Chairman Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler PDRes. #13 -04 Ay_e_ Aye Deceased Aye Passed this 11 day of August, 2004 by the following recorded vote: Barbara E. Van Osten Gary Dove Bill M. Ewing A COPY ATTEST Aye_ Aye Aye John R. a Jr. Frederic ounty Admin strator Greenway Engineer!) Preliminary Matters The applicant hereby proffers the following: A.) Land Use Restrictions January 27, 2004 Revised July 8, 2004 OLD MASSEY STORE REZONING Tax Parcel 42-((A))-81 Gainesboro Magisterial District Old Massey Store 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 9 -0 V for the rezoning of 0.85 acres from the RA, Rural Areas District to establish 0.85 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 David A. Hicks and Linda W. Hicks being all of Tax Map Parcel 42- ((A)) -81, and further described by Deed Instrument 030024908 recorded in the Frederick County Clerk of the Court Office on October 29, 2003. The applicants hereby proffer to limit the land uses for the 0.85 -acre parcel to the following: Land Use SIC General Business Offices Finance, Insurance Real Estate Offices Legal Services 81 Engineering, Architectural and Surveying Services 871 Accounting, Auditing and Bookkeeping Services 872 Management and Public Relations Services 874 File #3865 /EAW Greenway Engineerin• B.) Site Access C.) Structural Development 2. D.) Business Signs G.) Signatures January 27, 2004 Revised July 8, 2004 Old Massey Store Rezoning The applicants hereby proffer to prohibit any connection to North Frederick Pike (Route 522 North) and to limit access on Burnt Church Road (Route 678) to one commercial entrance. 1. The applicants hereby proffer to limit the development on the 0.85 -acre parcel to a maximum of 8,000 square feet of structural area. The applicants hereby proffer to limit the structural height to thirty -five (35) feet from the first floor to the apex of the roof. 3. The applicants hereby proffer to utilize similar construction materials on all building walls including brick, vinyl or dryvit, and that the roof will be standing seam metal or dimensional single construction. 4. The applicants hereby proffer to develop the structure in substantial conformance with the perspective rendering entitled "Hick's Construction prepared by Design Concepts and dated June 1, 2004. The applicants hereby proffer to limit the number of freestanding business signs to one sign on the 0.85 -acre parcel. The freestanding business signs is proffered to be of monument style construction and will not exceed twelve (12) feet in height. E.) Outdoor Storage The applicants hereby proffer to prohibit outdoor storage on the 0.85 -acre parcel. F.) Monetary Contribution for Fire and Rescue Services The applicants hereby proffer to provide a cash payment of $1,000.00 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 0.85 -acre parcel. 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. File #3865 /EAW 2 Greenway Engineering January 27, 2004 Revised July 8, 2004 Respectfully Submitted: David A. Hicks �J Linda W. Hicks My-CoMmission Expires Feb rua r j 2S 2-c S File #3865 /EAW 1- 7/ Date Commonwealth of Virginia, Cit Count f FIr@ e✓IC.k, The foregoing instrument was acknowledged before me thisZ1 of 20(21—by id A Linda. mi.#irk heir A t.F. Vivid, A. f -ticLs C s ALL/ To Wit: Old Massey Store Rezoning Notary Public 3 Fmmdca in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 A N S M I T T A L Project Name: Old Massey Store Rezoning File No: 3865 Date July 26, 2004 To: FC Planning Attn: Mark Cheran Copied Urgent For Your Review 'AU- 2 PLANNf; ca "_LOPMENT From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 As You Requested Please Comment Message: Hi Mark, Please find attached the original signed and notarized proffer for the Old Massey Store project that has been revised to increase the amount of the Fire and Rescue monetary contribution to $1000.00 as discussed during the July 7, 2004 Planning Commission meeting. Please advise me of any additional information you need and I will forward it ASAP! Thank you, Evan Greenway Engineering Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com Greenway Engineering January 27, 2004 Preliminary Matters A.) Land Use Restrictions OLD MASSEY STORE REZONING The applicant hereby proffers the following: Tax Parcel 42- ((A)) -81 Gainesboro Magisterial District Land Use SIC General Business Offices Finance, Tnsurance Real Estate Offices Legal Services 81 Engineering, Architectural and Surveying Services 871 Accounting, Auditing and Bookkeeping Services 872 Management and Public Relations Services 874 Old Massey Store 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 9 for the rezoning of 0.85 acres from the RA, Rural Areas District to establish 0.85 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 David A. Hicks and Linda W. Hicks being all of Tax Map Parcel 42- ((A)) -81, and further described by Deed Instrument 030024908 recorded in the Frederick County Clerk of the Court Office on October 29, 2003. The applicants hereby proffer to limit the land uses for the 0.85 -acre parcel to the following: File 03865 /EAW 1 Greenway Engineerin January 27, 2004 B.) Site Access The applicants hereby proffer to prohibit any connection to North Frederick Pike (Route. 522 North) and to limit access on Burnt Church Road (Route 678) to one commercial entrance. C.) Structural Development Old Massey Store Rezoning 1. The applicants hereby proffer to limit the development on the 0.85 -acre parcel to a maximum of 8,000 square feet of structural area. 2. The applicants hereby proffer to limit the structural height to thirty -five (35) feet from the first floor to the apex of the roof. 3. The applicants hereby proffer to utilize similar construction materials on all building walls including brick, vinyl or dryvit, and that the roof will be standing seam metal or dimensional single construction. 4. The applicants hereby proffer to develop the structure in substantial conformance with the perspective rendering entitled "Hick's Construction prepared by Design Concepts and dated June 1, 2004. D.) Business Signs The applicants hereby proffer to limit the number of freestanding business signs to one sign on the 0.85 -acre parcel. The freestanding business signs is proffered to be of monument style construction and will not exceed twelve (12) feet in height. E.) Outdoor Storage The applicants hereby proffer to prohibit outdoor storage on the 0.85 -acre parcel. F.) Monetary Contribution for Fire and Rescue Services The applicants hereby proffer to provide a cash payment of $200.00 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 0.85 -acre parcel. G.) Signatures 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. Pile #3865/EAW 2 Greenway Engineering Respectfully Submitted: By: 0 et-Lc,- 29 CO d�/ David A. Hicks ate By: Linda W. Hicks Date Commonwealth of Virginia, Cit Coun .f Frederick- File #3865/EAW January 27. 2004 Old Massey Store Rezoning To Wit: The foregoing instrument was acknowledged before me thisiak day of Felonan 20Q4 -by David A i- L' (fly( Li rd l 14 by Ver AT. C. ixvia -licks Notary Public My-Commission Expires f &LOYWvt, 2 2 1uDos eongmt ✓io a 110+uu j Gs Donne,L. hen 5 3