HomeMy WebLinkAbout02-13 Proffer StatementG _ _ M
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Action:
PLANNING COMM SSION :, May 15', 201'3_ "Recommended Approval
BOARD OF ,SUPERVISORS: June 12, 201`3 1i:1 APPROVED ❑ 'DENIED
AN ORDINANCE,AMENDING
'THE ZONING DISTRICT`MAP.
REZONING 4,02=13 FAIRFAX. PIKE %VDOT LANE. COMMERCIAL'
`
WHEREAS; 'Rezoning #02 -13 `Of'Fairfax, P ke/VDOT- Lane Commercial; ;submi'tted by 'Green --
ay-
Engineering,; to rezone 3.61 acres from B1 (Neighborhood; Business) District.to: B2 (General Business)
District with proffers dated January 25, 2013 and final re��ision-,Mayyl7, 2013 was, considered.`' The
properties ;are °located:on•the north side o fairfax,Pike (Route 277) adiacent to VDOT Lane (Route MIS),
.approxirnarely,`V2. mile east of Interstate, 8`1 Exit 3;07, and are.identifie'd by,Property Identification- Numbers
86= A- �14.and .86 -A 1`5` in the Opequon Magisterial District -
WHEREAS; the Planning,Comrnission held a public hearing on this rezoning, on May-.15- 201 s.
and forwarded a recommendation .of approval;; and
WHEREAa.. the -Board of Supervisors held a public hearing -on this. rezoning-on June `1.2, 2:04 ,; an(' - .
WHEREAS ,`the..Frederick County Board of �u roval of ths�iezong to e n the'
n i
best-interest of�the,p blic health,. safet; -, .we.ifare, and'incon orinance with the Comprehensive "olic-v
Plan;
NOW, TH R ty Board of S'upervi:sors:
Ureenwa En ineerm Jan 2 2 l,L irfax PtkeNtoT LaneRezomn ^CD
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Y, 8 a ary 5, (. 3 , _ . S,
'Revised April ll 1 ?013' "-
"4
30,0 r..A Revised`May IZs2QI- (
I1
4'7034
FAIRFAX PI_KENDOT LANE COMMERCIAL PROPERTIES
PROFFER STATEMENT
REZONING: RZ# Ua' i3
Neighborhood Business (B4).Distf1ctto.Business General (B2)
D'i'stf ct with Proffers
PROPERTY: 3:61 acres +/=
Tax „Parcels 86 -A -14 & 86 -A -15
RECORD” OWNER- Ro,wman'-
;Shoemaker Compames,. Inc , &;Elizabeth Properties;,
L.C.
APPLICANT: Bowman 'Shoemaker Companies;. Inc.'; &,Elizabeth, Properties,
L,C (here -in after the "Owner ")
PROJECT NAME:` Fairfax Pike /VDOT'Lane Commercial.
OR'IGINAL;DATE
1OF PROFFERS:: J'anuary.25, 20.13
REVISION DATE: May 17, 2,13
Preliminary' Matters
Pursuant to, Section t52-,2296 Et S'eq. of the Code of Virginia, 1,950, as amended, and'
`the -prodfsMs =of 'the Frederiek County Zonirig Ordinance° with respect to c6nditional:
_zoning, the-undersigned .Owner hereby proffers that- in.'the event,the Board. of Supervisors
of Frederrck`County, Virginia, shall approve` Rezoning Application # -%3 for the
rezoning" of 3 61 ±- acres. of N6iafib6fh6od Business �(#I). District to 3.61± -acres of
Business General (B2) District with, proffers; development of the subject. properties
"Pro; ert " shall be done in conformity, with the terms.tand,conditi'ons set forth her.
except to the extent that' such, .terms and conditions may -be subsequently amended or
revised by the Owner and such be, approved by the Frederick County Board of
SupervVisors in accordance with the said -Code and Zoning Ordinance In 'the .event that
such rezoning is-not granted, then these? proffers shall be deemed witldr"awn and havel no
effe'c_t whatsoever:; 'These.proffers shall be binding uponah_e .Owner and anky successors,
or assigns of° lie Owner'.
The Property; identified` as Fairfax Pike /VDOT'Lane Commercial,, and more particularly
;described asp the land owned by Bowman- Shoemaker Companies, Inc., being, all of 'Tax,
Map Parcel S6 -A -14, further as shown on the,plat titled Plat Showing Property of James;
L. Bowman, by .J.R.e Nicely "dated April 27., 1972, and �the� ,land owned" by Elizabeth
File` #55 PO /EAW j
Greenway`Engineerifig January,25, 2013 Fairfax ;Pike /VWT Lane'kezoning
Revised.April 11. 201 =3 O
Reyised May U7.20 13'
CJl
Properties, L.C., being all of Tax..Mapp. Parcel 86- A -15,, further as shown on the plat titled iV
Plat of the _Division of the land of Pine Investment Corp, by J.R. Nicely dated July"28',
4975, 'revised :September 9, 1975.
A.
B,
FAIRFAX PIK,ENDOT LANE COMMERCIAL PROPERTIES
PROFFER STATEMENT
Generalized.Develonment Plan
1) The Owner hereby proffers to develop the Property in :substantial conformance
with the Generalized Development Plan (GDP) prepared by Greenway
Engineering, ' dated, April 7.0, 2013, and approved as part of this rezoning
application. The GDP is intended .to: delineate the general location of the Fairfax
Pike (Route, 277) right -of -way dedication area, the general location of the shared
right `in/right -out commercial entr,,ance on Fairfax Pike-,.the general location of the
full "access commercial entrance along VDOT Lane (Route- 101:8), the general
location of the 50' 'ingress /,egress easement, on Tax Map 86 -A -15 that is intended
to provide inter - parcel: connection and access to VDOT Lane for 'Tax: Map 86-A-
14, and the, general location of the 50' full ;screen buffer: adjacent, to the Freeton
Townhouse Subdivision The final locations of'the commercial entrances and the
inter- parcel .connection can be adjusted to accommodate final. engineering design
requirements; without the need to revise :the GDP provided that the final
engineering design;is consistent with the overall layout depicted' on the GDP.
Transiortatiori
I ) The Owner hereby proffers. to dedicate a right -of -way :area along the frontage, of
Tax' 1Vlap .86 -A -14 .and `Tax Map 86 -A -15 that is 20' 'in. width for the :future
widening of. Fairfax Pike. The. Owner will delineate the 20' right -of -way
dedication area on the Site Development Plans for =these properties if development.
activities occur in advance- of the'Fairfax Pike 'widening ° projectt. The Owner will
dedicate the ,20'` W..ide right -of -way to VD.OT.at.such time that-It is requested for'
the Fairfax Pike widening. project.
2) The Owner hereby proffers to limit access .to the Property_ along'Fairfax Pike, to a
right;in /right -out commercial entrance,. which meets, all applicable VDOT
requirements. The right -in /right -out, commercial entrance ;shall be designed,
approved, and constructed with the first Site Plan for the Property: The Owner
will., ensure that. :a reciprocal 'ingress /egress easement and. maintenance agreement
is established 'for the right =in /right -out commercial entrance serving the Property.
File #5510 /EAW 2'
Greenway Engineering January 25, 2013, Fairfax Pike /VDOT Lane Kezoning
s
Revised April l_I_, 2013,
Revised' May 17, 2013
3;) The Owner- hereby proffers to develop one f6,11 access commercial entrance along
VDOT Lane 'that will serve Tax Map 86 -A -14 and Tax Map 861.A -15. The Owner
will - ensure that. the full .access commercial, entrance. is " located 'a minimum of 225'
from the intersection of Fairfax Pike and VDOT Lane .to provide for appropriate
corner clearance.
4), The Owner hereby proffers: to provide a 50' ingress /egress "easement across Tax
`Map 86 -A -15 in the general location depicted on the proffered GDP to provide for
inter'- parcel, access and connectivity to VDOT Lane for Tax Map 86- A -:14: The
Owner will ensure that a reciprocal ingress /egress• easement, and maintenance
.agreement is established for the 50' ingress /egress easement serving the Property.
C. Monetary Contributions
1) The.' Owner hereby proffers -to provide $35`;000.00 to Frederick County to be
utilized as part : of the local share match for qualifying off -site transportation
improvements .associated with an °approved Revenue Sharing project. The Owner
shall provide the $35,000.00. to Frederick .County at the time that Frederick
Countyprovides ,written request for this monetary contribution.
2) The: Owner, hereby proffers, "to 'provide a monetary contribution of $0.05 per
square feet- of structural development on the `Property for general fire and rescue
services. The Owner shall provide the; appropri ate' monetary contribution amount
for each structure prior, to the issuance of`the Certificate of Occupancy Permit for
each structure,developed on the Property.
OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES'
File; #5510 /EA W 3
€M is
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W.
Greenway Engineering January 25,2013 Fairfaz'P.ikeNDOT Lane Rezoning
Revised April 11- ,,20.13 O
Revised May 17; 2018'
Cn
Z
Signature
The conditions proffered above shall be binding "bpon the. successors and assigns of the
Owner. In the ,event the" Frederick County.Board of Supervisors grants this rezoning and
accepts the conditions, the proffered conditons'shall apply to the land rezoned in addition
to other requirements set forth in the Frederick County Code.
Respectfully, Submitted':,
By: ,
Bo man= Shoemaker Companies, Inc. Date
Commonwealth of° Virginia,
City / ounty of PYe_Ae vi, ck. To Wit:
The foregoing, instrument was acknowledged- before me this k day of J U✓ f-
20 i 3 by 2ue ° le S IOrva�kees cl�
Notary Public
My Commission Ekpires Telo.. 2q 261 �
i5ivctEion zo, t b:Cp
y .0 OF _
,OTq
File #5510 /EAW 4
Greenway Engineering • Januaiy 25,,N13
Revised April H, 201-3.
kevised-May 174 2013
Signature
F dirfaxTike/VDOT Lane Rezoning
01
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The conditions proffered Ubove, shall be binding -upon the * success - ors and assigns of the
Owner., 1.0 the event the Trederick'County,Boa-rd 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 Frederi'ck County'Code.
Respectfully Submitted:,
By:
Eliz' eth Properties,'L.C. Z/
I
Commonwealth of Virginia.,
City (—ou-nty>f TO Wit:
t..
The foregoinginstfurnent was dcknowle.dge4 before, me ;this day, of
by,_ evertf
My Commission Expires ires 2-on 2-01 to
p —
M.
NX
OF
, V
off
�-113
Date
xO
Notary Public,
File*5 I O/EAW' 5
GENERALIZED DEVELOPMENT 'PLAN
NOTES,
1. EXISTING DATA SHOWN HAS BEEN-COMPILED
FROM FREDERICK' CO. 018 DATA.
2. TOPOGRAPHY 13 FROM YEAR 2008.
3. TAX MAP• INFORMATION,'I$ FROM YEAR 2010.
4. 'ORTHOPHOTOS.ARE_ -FROM YEAR 2008...
6. THIS EXHIBIT .HAS BEEN''bEVELOPED FOR.
REFERENCE' AND IS 140T -INTENDED FOR
CONSTRUCTION OR PERMITTING USE.
S. LEGEND
1 - ROW DEDICATION AREA
2 - RIGHT IN /RIGHT OUT 'ENTRANCE
3 - CORNER CLEARANCE; FULL ACCESS
ENTRANCE
O4 = FULL ACCESS ENTRANCE '(MIN 60'
SPACING)
7. ROW NARRATIVE - THE ROW DEDICATION
AREA 'PROVIDED Ok THIS 'EXHIBIT IS TO
ENSURE APPROPRIATE AREA .FOR THE
SECOND: WE9TBOUND 'TRAVEL LANE, GREEN
STRIP, 6' SIDEWALK' AND A 1' MAINTENANCE.
STRIP. THE ;ROW DEDICATION TO BE
PROVIDED AT THE TIME OF FIRST $ITE PLAN
UNLESS REQUIRED BY VDOT PRIOR TO
DEVELOPMENT.
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JOB NO. 6510,
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JOB NO. 6510,
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Greenway Engineering January 25, 2013 ufax Pike /VDOT Lane Rezoning
Revised April 11,.201-3
Revised May 17; 2013
FAIRFAX PIKEND.OT LANE COMMERCIAL PROPERTIES
PROFFER STATEMENT
REZONING: RZ#
Neighborhood Business (B1').District to Business General (B2)
District with Proffers~
`PROPERTY: 3.61- acres
Tax'Parc-els 86 =A ,1.4 "& 86.,A45
RECORD OWNER: Bowman - Shoemaker, Companies, Inc., & Elizabeth Properties,
L.C'.
APPLICANT: Bowman- Shoemaker Companies, Inc., &Elizabeth. Properties,
L.C. (here -in after the "Owner" ),
PROJECT NAME`: Fairfax Pike"NI)M L'ane°Cornmercial
ORIGINAL, DATE'
OF PROFFERS:. January 25; 20'413'
REVISION DATE; April 44 20 May 17, 2013
Preliminary Matters
Pursuant to Section ;15.2 -2296 Et. Seq. of the Code. of Virginia; 1.950, as amended, and
the provisions, of the 'Frederick County Zoning Ordinance with .respect; to conditional
zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors
of Frederick County; Virginia, ,shall approve Rezoning Application # for "the
rezoning of 3.61± -acres of Neighborhood Business (13'1) District to 3.61 ± - acres 'of'
Business General (132) District with proffers; development of the .subject properties
( "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 Owner 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. arid, have no
effect whatsoever. These proffers shall be binding upon. the Owner and any successors,
or assigns of the Owner:
The Property, identified as Fairfax Pike /VDOT' Lane Commercial, and more particularly
described as the "land owned, by Bowman- Shoemaker Companies,, , Inc. being all of Tax.
P � g
Map Parcel. $6-A -14 further as shown on the plat titled Plat Showing Property of James.
- -L... Bowman„ by J.R. Nicely dated. April 27, 1972; and the land owned by Elizabeth`
File _ #5510 /EAW ]_
Greenway Engineering January 25, 2013 Fairfax PikeNDOT Lane Rezoning
Revised April 11, 2013
Revised May 17, 2013
Properties, L.C., being, all of Tax Map Parcel 86- A -15, further as shown on the plat titled
Plat of -the Division of the Land of Pine Investment. Corp, by J.R. Nicely dated July 28,
1975, revised September,9; 1975.
FAIRF_AX PIKENDOT LANE COMMERCIAL .PROPERTIES
PROFFER STATEMENT
A.. Generalized Development Plan
1) The .Owner hereby proffers to develop the Property in substantial conformance
with the Generalized Development Plan (GDP) prepared by Greenway
Engineering, dated April 10, 2013, . and approved as part of thin rezoning,
application. The GDP is intended to delineate the general location of the,Fairfax
Pike (Route 277) night-of -way dedication area, the general location of the shared
right- in/right -out commercial entrance on. Fairfax Pike, the general location of the
full access commercial entrance along VDOT Lane (Route '1018), the general '
location of the 50' ingress /egress easement on Tax Map 86 -A -15 that is intended
to provide inter- parcel connection and access to VDOT Lane for Tax Map 86 -A-
14; and the general location of the 50' full screen buffer adjacent to the Freeton
Townhouse Subdivision. The final locations of the commercial entrances and the
inter- parcel connection can be adjusted to accommodate final engineering design
requirements without the need to revise the GDP provided that the final
engineering design is consistent with the overall layout depicted on the GDP.
B. Transportation
1) The Owner hereby proffers to dedicate a right -of -way area along the frontage of
Tax Map 86 -A -14 and Tax Map 86 -A -15 that is 20' in width for the future
widening of Fairfax Pike. The Owner will delineate the 20' right -of -way
dedication area on the Site Development Plans for these properties if development
activities occur in advance of the Fairfax Pike widening project. The Owner will
dedicate the 20' -wide right -of -way to VDOT at such time that it is requested. for
the Fairfax Pike widening project.
2) The Owner hereby proffers to limit access to the Property along Fairfax Pike to a,
right-in/right-out commercial entrance, . which meets all applicable VDOT
requirements. The right- in/right -out commercial entrance shall be designed,,
approved, and constructed with the first Site Plan for the: Property. The Owner
will ensure that a reciprocal ingress /egress easement and maintenance agreement
is established for -the right- in/right -out commercial entrance serving the Property.
File ##5510 EAW 2
f Greenway Engineering • January 25, 2013 ' 0fax.P,ike/VDOT Lane Rezoning
Revised April 11, 2013
Revised May 17, 2013
3) The Owner hereby proffers to develop one full access commercial entrance along
VDOT Lane that will serve Tax Map 86 -A -14 and Tax Map 86 -A -15. The Owner
will, ensure. that the full access commercial entrance is located a minimum of 225'
from the intersection of Fairfax Pike and VDOT Lane to provide for appropriate
corner clearance.
4) The Owner hereby proffers to provide a 50' ingress /egress easement across Tax
Map 86 -A -15 in the general location depicted on the proffered GDP to, provide for
inter- parcel access and connectivity -to VDOT Lane for Tax Map 86 -A -14. The
Owner will ensure that a reciprocal. 'ingress /egress easement and maintenance
agreement is established for the 50' ingress /egress easement serving the Property.
C. Monetary Contributions:
1) The Owner hereby proffers to provide $35,000:00 to Frederick, County .to be,
utilized as part of the local share match for qualifying off -site transportation
improvements associated with the Refiaissanee Dime Phase -2 an approved
Revenue Sharing project. `TThOwner- - agrees to al-lew the $35,000.00 to bw
pl= ejee-t. The Owner shall provide the $35;000.00 to Frederick County, at the time
that Frederick County provides written .request for this monetary contribution.
2) The Owner hereby proffers to provide a monetary contribution of $0:05 per
square feet of structural development on the Property for general fire and rescue
services. The Owner shall provide the appropriate monetary contribution amount
for each structure prior to the issuance of the Certificate of Occupancy' Permit for
each structure developed on the Property.
OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES
File' #5510 /EAW 3
Greenway Engineering January 25, 201''3 O.._r.x Pike/VDOT lane Rezoning
Revised April 1 -1, 2013
Revised May 17; 2013
Signature
The conditions proffered above shall be binding upon the successors and assigns of the
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:
By:
Bowman- Shoemaker Companies, Inc. Date
Commonwealth of Virginia,
City /County of To Wit:
The foregoing instrument was acknowledged before me this day of
. 20. by
Notary Public
My Commission Expires
File #15510 /EAW 4
Greenway Engineering • January 25, 2013 w fax,Pike/VDOT Lane Rezoning
Revised April 11, 2013
Revised May 17, 2013
Signature
'The conditions proffered above shall be binding upon the successors and assigns of the
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:
By:
Elizabeth Properties,. °L.C. Date
Commonwealth of Virginia,
City /County of To Wit:
The.foregoing instrument was acknowledged before me this day of
20 by
Notary Public
My Commission Expires
File. #5510 /EAW 5 '
Untitled Stationery Page 1 of 1.
Evan. Wyatt
From:: Rod'Williams [rwillllia @co:frederick.va.us]
Sent: Friday, May 24, 2013 2:40 PM
To: Evan Wyatt
Cc: Mike' Ruddy
Subject: RE: Fairfax PIkeNDOT Lane Proffer Revision
Evan,
The revision looks fine to me.
'oe
Roderick.B. Williams
County Attorney
County of Frederick, Virginia,
107' North Kent Street, 3rd Floor
Winchester, Virginia 22601
Telephoner (540) 722=8383
Facsimile:. (540) 667- -0370
E- mail: r\ illia @cb.fredeeickma.us.
From: Evan Wyatt [mailto:ewyatt @greenwayeng.com]
Sent: Tuesday, May,-21,. 2013 :11:46 AM
To: Rod Williams =Mike,Ruddy
Subject: Fairfax Pike /VDOT`Lane Proffer. Revision-'
-Hi Rodand`Mike
I have attached the proposed "revision to the Proffer Statement io reflect what wasdiscussed.at the 5 -1.5
Planning. Comm. ission meeting: Please advise fne ifthislnew language works and l will get Bev to sign
the 'final profferfor the 6 -12 Board meeting.
Thanks, Evan
GREENWAY ENGINEERING
151 WindyHill Lane,
'Winchester; VA 22602
Phoned 540'662 -4185
Fax: 540- 722 -9528,
Visivus on the web at www. reg_enwayeng com to learn about exciting new services offered by
Green way. Engineering;; Laboratory Services; Water;"Sewer; Maintenance: /.Monitoring, ESA
Phase I, Wetlands and,more.
Please consider the environment before printing his
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Thank you.
. 6/4/2013
Greenway Engineering • January 25,;201`3 Fa_ irfax PikeNDOT Lane Rezoning
Revised April 11, 2013
FAIRFAX PIKENDOT LANE COMMERCIAL PROPERTIES
PROFFER STATEMENT
- REZONING:
PROPERTY:
RZ# 0Z -13 ..
Neighborhood Business (B1) District to Business General (B2)
D'i'strict with Proffers
161 -acres + / -;
Tax Parcels 86 -A -14 & 86 -A -15
RECORD OWNER: Bowman - Shoemaker Companies, Inc„ & Elizabeth Properties,
L.C.
APPLICANT: Bowman - Shoemaker Companies, Inc., & Elizabeth Properties,
L.C. (here -in after the "Owner ")
PROJECTNAME: Fairfax Pike /VDOT Lane Commercial
ORIGINAL.DATE
OF PROFFERS: January 25; 2013
REVISION DATE: April .1 L, 2013
.Preliminary Matters
Pursuant to Section 15.2 =2296 Et. Seq. of the Code of Virginia;. 1,95.0, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors
of Frederick County, Virginia, .shall approve Rezoning. Application # Q ` 13 for the
rezoning of 3.6:1-_* -acres of Neighborhood Business (BI.) District to 3,.61±-acres of
Business General (132.) District with proffers; development of the subject properties,
( "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 Owner 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 the Owner and any successors,
or assigns of the Owner.
The Property, identified as Fairfax. Pike /VDOT Lane Commercial, land more particularly
described as the land owned by Bowman- Shoemaker Companies, Inc., being all of -Tax
Map Parcel 86 -A -14, further as shown on the plat, titled Plat Showing Property of James
L. Bowman, by J.R.. Nicely dated April "27, 1972, and the =land owned by Elizabeth
File #5510 /EAW
Greenway Engineering • January 25. 2013 Fairfax.PikeNDOT Lane Rezoning
Revised April 1'I, 2013
Properties; L.C., being all of Tax Map Parcel 86 -A45, further as shown.on.the plat titled
Plat of the Division of the Land of Pine Investment Corp, by J.R. `Nicely dated July 28,
1975, revised .September 9, 1975.
FA_IRFAX PIKENDOT LANE COMMERCIAL PROPERTIES
PROFFER STATEMENT
A. Generalized Development.Plan
1) The Owner hereby proffers'. to develop the Propertyin substantial conformance
with the Generalized Development Plan (GDP). prepared by Greenway
Engineering, dated April '10, 2013, and approved' as part of this rezoning
application. The GDP is intended to delineate the general location of the Fairfax.
Pike (Route 277) right -of -way dedication area, the general location of the shared
right -in /right -out commercial entrance on Fairfax Pike,, the general location of the
full access commercial entrance along VDOT Lane (Route 1`018), the general
location of the 50' `ingress /egress easement on. Tax Map 86 -A =15 that is intended
to provide inter- parcel connection and access to VDOT Lane for Tax Map 86 -A-
14, and the general location .of the .50 full screen buffer adjacent to the Freeton
Townhouse Subdivision. The final locations of the commercial entrances and the
inter - parcel connection can be, adjusted to accommodate final engineering design
requirements without the need to revise the GDP provided that the final
engineeringdesign is consistent with the :overall layout depicted on the GDP.
B. Transportation
1) The Owner hereby proffers to dedicate aright -of -way area along the frontage of
Tax `Map 86 -A -14 and Tax Map 86 -A -15 that is 20' in width for the future.
widening . of Fairfax Pike. The Owner will delineate the. 20' .right -of -way
dedication area on the Site Development Plans -for these properfies,;if development
:activities occur in advance of the Fairfax Pike widening project. The Owner will
dedicate "the 20' -wide right -of, way to VDOT at such time that it is requested for
the Fairfax Pike widening project.
2) The Owner hereby proffers to limit access to the Property along Fairfax Pike to a
right -in /right -out commercial entrance, which meets all applicable VDOT
.requirements. The .right --in /right -out commercial entrance shall be. designed,
approved, and "constructed with the first Site Plan for the Property. The Owner
will ensure that a reciprocal ingress /egress easement and maintenance agreement
is established for the right- in/right -out commercial entrance serving the Property.
File #55 1 0 /rAW
•
Greenway Engineering • January 25, 2013 Fairfax Pike /VDOTLane Rezoning
Revised April 1 L 2013,
.3) The Owner hereby proffers, to develop one :full access commercial entrance along
VDOT Lane that will serve Tax Map 86- A- 14:and Tax Map 86 -A -15. The Owner
will ensure that the full access commercial ,entrance is located a minimum of 225'
from the intersection of Fairfax Pike and VDOT Lane to provide for appropriate
corner clearance..
4) The Owner hereby proffers to provide a_ 50' ingress /egress easement. across Tax
Map 86 -A -15 in the general location depicted on the proffered GDP to provide for
inter - parcel access and connectivity to VDOT Lane for Tax Map 86 -A -14. The
Owner will ensure that a reciprocal ingress /egress easement and maintenance
agreement is established for the 50' ingress /egress easement serving the Property.
C. Monetary Coniributions
1) The Owner hereby proffers to provide $35,000.00 to Frederick County for off -site
transportation improvements associated with the Renaissance Drive Phase 2
Revenue Sharing project. The Owner agrees to allow the $35,000.00 to be
utilized as part of the local share match for this transportation improvement
project. The Owner shall provide the $35,000:00 to Frederick County at the time
that Frederick County provides written request for this monetary contribution.
2) The Owner hereby proffers to provide a monetary contribution of $0.05 per
square feet of structural development on the Property for general fire and rescue
services. The Owner shall provide the appropriate monetary contribution amount
for each structure prior to'the issuance of the Certificate of Occupancy Permit for
each structure developed on the Property.
OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES
File #5510 /EAW
Greenway Engineering •
ignat[ re
January 25, 201'3 Fairfax Pike DOT`Lane Rezoning
Revised April 11, 2013
The conditions proffered above shall be `binding upon the successors and assigns of the
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:
By:1,
�
Bo an- Shoemaker Companies, Inc. Date
Commonwealth of Virginia,
C-ity /County of �'�1� L� To Wit;
Sa
The foregoing instrument was acknowledged before me this dof y
20 6 by
\AO
My Commission Expires
Notary ublic
SAUNDRA M. MURPH,,
Notary Public
Commonwealth of Virginia
7514181
My Commission Expires May 31, 2016
File #1'5510 /13AW 4
Greenway'Engin&ring •
Signature
January 25;,2013 • Fairfax Pike/VDOT Lane Rezoning.
RevisedApril 11, 2013
The conditions proffered -above shall be banding upon the successors and assigns of the
.Owner. In the event the Frederick .County Board, Supervisors grants this rezoning and
accepts the conditions, the proffered conditions shall apply to the 1-and rezoned in addition
to other requirements set forth in the Frederick County Code.
Respectfully Submitted.
By:
El' abeth. Properties; L.C. Date
Commonwealth of Virginia,
-City /County of EA_� CJ_ To Wit:
The foregoing instrument was acknowledged before me this 1 g x--day of �+
20 13 by
Notary Public
My Commission Expires
FMyy�_Comrrnission RA, M. MURPH
tary Public
wealth of Virginia
751'4.181
Expires May 31, 2016
File #5510 /EAW 5