HomeMy WebLinkAbout05-14 Proffer Statementl
PROPOSED PROFFER STATEMENT
REZONING:' RZ#
B`1 to B2
PROPERTY: 242.6cres
Tax,Map Parcel 74 -((A)) -104 & 1`05
RECORD OWNER- CB Ventures, LLC,
APPLICANT: Montgomery Engineering Group, Inc:
PROJECT NAME: CB Ventures, LLC — Aylor,Road
ORIGINAL DATE
OF PROFFERS: May 1:3.,2014
REVISION :DATE($) November 19,201A
The undersigned' hereby, proffers; that the use and development of the subject
property (" P17operty "),, as des�eribed above, shall be in strict conformance .with the
I conditions, which shall,supersede all,other proffers on the Property that
may, have been made !prior =hereto: In the event tlat'the above= referenced B2
rezoning is not granted as app lied for by the.applicant ( "Applica:nt" ), these.
proffers shall be: deemed withdrawn and shall ;be null ,and void. Further, these
proffers% are contingent !upon ;final,rezoning, of the Property with "final ,rezoning"
defined as that, rezoning which 'is in effect oni the day following the last day,upo_n_
which the Frederick County Board of Supervisors' °(the "Board ") decision granting
:the rezoning may be contested ^in the appropriate. court. if the Board's decision is
contested,, and the Applicant. elects, not to submit development plans until. such
'contest is; resolved, the term final; rezoning shall include; the day following entry of
a final, court order affirming-tf:e decision of the Board which has not'been
appealed, or, if appealed, the day following which the decision has'beenafFirmed
on.appeal.
' Theheadings,of'the proffers set, forth below have been;;prepared for convenience,
or refer, ence. only and ahall,not control oraffect the meaning or be taken as .an
interpretation of any provision °of the proffers. The: improvements, proffered
herein shall 'be provided at the time of development of that portion of the Property
adjacent to, or including the `i'mprovement or other proffered requirement,. unless.
otherwise specified herein: Any-proffered, conditions.that would prevent the
Applicant, CB Ventures, LLC. from conforming to 'State and/or Federal regulations
shall be�considered null.and void. The term "Applicant" as referenced, herein
,shall i'nclud'e wifhin its meaning all' futureowners and successors in interest.
1,
When used in these pr� the,"'Generalized Developmorit,P1.8-h",, shall ,,refer to
the plan ehfit.1.0d"t , 8. Ventures, LLC —Aylolf'Road" dated February'23, 2014
revised November 1', 20.14, (the "" GDP") and ,is included in this proffer.
I . GDP ") �-
Site Development.
I.i - Property' Access.
shown
Prqperlty°8ccess; shall be via' . the two '. new entrances ,on GDP from
Relooatod Aylor Road, as"approved by V POT, Temporary m a access to the property
May,,,, inJhe interim, beyia,entrpinbeg.�oh theexisting portion ofAylor Road, 'as
approved by VIDOT, until such time the right of way , for the'future A y lor Road
realignment improvement -project is, conveyed �to the,'Com
tnq#,we,9lthof' Virginia.
This temporary access- may, cros�sJhe area identified for right waydedication.
Improvements necessary4b Wilizethe two new entrances, shown on the. GOP
after the conveyance shall be the responsibility of the Applicant.
Right of,way dedication.
The :Right of WOV for,,tha fUtureAylor, Road Realignment I` Mprove ment project
.--,
sh-own On GDP shall be conveyed for the ;devia,lQprh0bt of said road to the
C.om monwea Ith',of Virginia 90, days o .f, Awrifteftrb o est,from,eitherVDOTor
Frederick CoUnty. All 'site ,development shall.occur"oh ,the, area, outside of'the
a 'id future right of way dedication. The otily, 6eptibntothis
area 'identified ehtified for futu I
requirement being,thp temporary,afcc'ogs - identified iA,Proffer 1,. Thi's property
shall not be conveyed, should; rOad development not, occur or if on as future VIDOT
6 Year Plan, Aylor 'Road i.sI'no]ohQ.!er being considered for realignment:,
I Lighting.
All 'lighting shall be Wilding mounted 4wall packs or,on,lpoles and shall be no
h igh e' r-th -a n 20'.,
' 2 0 Lightjj i
g shall be downc ast and shielded prevent ,C1ar a
nd
intrusion of Jj46 on td a djpIning
properties.
2
Respectfully submitted,
Edward P. Browning, 'IV
COMMONWEALTH OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The fore_ going instrument was acknowledged before me this
of , 2014, by
NOTARY PUBLIC
My commission expires:
Commission number.
Randy Craun
day
COMMONWEALTH OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day
of 20.14 by
.NOTARY PUBLIC
My commission expires:
Commission number:
3