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HomeMy WebLinkAbout03-15 Proffer StatementfAd ;C3'> AMENDMENT J. Action: PLANNING .COMMISSION: May 6,20,15'. - Recommended Approval BOARD OF SUPERVISORS: June 10; -201.5 X APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03 -15 OF MBC, LC WHEREAS,,`Rezoning #03 -15 MBC, LC, submitted by,GreyWolfe,-Inc -, to rezone 2.96'acres from B3` (Industrial Transition) District, with restrictive_'proffers and the 'MH1, (Mobile Home Community) District with proffers.to the B2, (General Business) District to accommodate commercial uses,.'dated February-26, 20,15; last revised on June 'l, 201.5; was considered. 'The property is located on the southern side ofRoute 7, and, 3/4 miles east of Windhester at Eckard Circle. The;property is further identified with_PIN(s) 55 -A =34 and .55 --A-34A in the, Red Bud Magisterial District; and. WHEREAS, the Planning Commission held a public hearing-on this rezoning; on May 6, 2015 and recommended approval,; and WHEREAS,,'the Board, of Supervisors -held' a public hearing -on this rezoning on June 10; 2015; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning- to be in P y i Comprehensive the best interest of the ublic health, safety, and: in conformance with the Com rehensiv Policy Plan; w. _ N.OVV,'THEREFORE, BE IT ORDAINM by the Frederick County Board of Supervisors, that Chapter .1 >65 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 2.,96 acres of land from B3 (Industrial Transition) District with restrictive proffers and the M14-1 (Mobile Home Community) District with proffers`tothe B2 ( General- Business):District,to accommodate commercial uses. The conditions voluntarily proffered in writing by the applicant and the property owner are. attached. PDRes # 16=15 O' W 'This = ordinance shall be in effect on the. date'of : adoption. Passed this `1.'Oth day of June, 20.15 by the following recorded vote. Richard C. Shickle, Chairman Aye Gary A..Lofton: Aye Robert A. Hess Aye Robert W. Wells Aye; Gene.E..Fisher ,Aye Charles S'. DeHauen, jt. ye Jason E. Ransom Aye A COPY ATTEST' renda: G: 'Garton Frederick County Administrator VIRGINIA: FREDERICK COUNTY.SM, This instrument of writing -was produced to me on., and with cCrtificate.acknow:ledgement thereloI annexed was admitted to record. Tax imposed by Sec. 58.1 -802 of 58.1 have been if and -801 paid, assessable Clerk .PDRes #'16 =1;5 BOS R'es,. #09G -15 STM!T" o Rezoning: RZ # 03 -15 Property: Areas 2 '.96 acres Tax Parcels 55- (A) -34 : &- 55'- (A) -34A Record Owner:. 1VIBC, LC' Project Name: MBC.Rezoning Or."iginalbate of Proffers: February 26, 2015 Revision .Date: May 1, 2015 June 1, 20:15. June 10, 20f5 Magisterial District: Redbud Pursuant to ,Section 15.21-2-296 ,Et: Seq. of thex Code ,of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to _ conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Fred erick County, Virginia,, shall approve. Rezoning Application #-- 15, for rezoning;-of 2.96-acres' from the 13-3 & MH -1 'Districts to General Business (B -2) District, development of the subject properry,shall -be done in with, the'terms and conditions "set forth herein, except to the extent. that such terms and conditions may be subsequently amended or revised `bythe owner and .such are approved by the.Board of Supervisors'in accordance with the said, Code and'Zoning Ordinance. In the event`that such rezoning is;noi granted,, then these proffers'shall `be deemed withdrawn.and have no effect whatsoever. These proffers shall 'be binding upon this owner and their legal successors, heirs, or assigns. The ;Properties are more particularly described as, the_ lands conveyed to MBC, LC from Mildred F. Cole as recorded: in the Frederick County Circuit Court Clerk's Office as instrument- #0001`3492 dated December 1, 2000, . 1 CQ Proffers: 1. Transportation a. .Access i. The eastem-existirig entrance'on Berryville Pike (Route 7) near Eckard Circle,shall be closed prior to the f first occupancy permit. ii.. An entrance onto. Eckard Circle shall be utilized until development on the Properties creates more than 500 VPD: iii, The'western entrance on the Properties from; Berryville, Pike (Route 7) shall be; improved to current VDOT standards prior to the first occupancy permit. ,iv. A right turn lane warrant analysis shall be submitted with any site plan for:any site entrance located along the frontage of Route 7. b. :Dedication...and Pedestrian-Access, i. The owner hereby proffers to dediicate additional land along Berryville Pike to, provide •a minimum of 60' ' of :right of way from the 'centerline of eastbound Route 7. This is will be done prior to the first occupancy permit. -ii. The-owner hereby proffers to construct a 10' paved hiker /bike trail along, the Property's frontage with Berryville <Pike per the 2030 Comprehensive Plan. This is will, be done, prior to the first occupancy permit: iii. The owner proffers to contribute $10,000 to Frederick County for transportation improvements along Route.7 when uses generate more than 50.0. vehicle trips per day (VPD) computed at site plan submission. iv:. When uses% on the Properties,generate more, than 1,5.00VPD as computed at ,site plan submission; the owner will contribute an additional $50,00010 Frederick ,County for transportation improvements along,Route 7. 2 r .. J c Development Cap i. In conformance with the Traffic Impact Analysis prepared: by Stowe Engineering, PLC in 20.15, the development of the; property shall generate a maximum of 2;977 vehicles per day per, the 9th edition of ITE Trip Generation. If a property use is- proposed with a higher daily trip generation at site plan submission, a revised Traffic Impact Analysis shall be included with the submission of-the site plan. 2. Fire && ;Rescue — Monetary'Contributions a. The owner hereby proffersIa cash contribution to Frederick County for Fire and' Rescue purposes,, of '$0.10 per building square foot to 'be disbursed to the Frederick County Fire and Rescue Department; to be paid prior to each final site plan approval.. The ,term "building ;square foot" shall' be the combined floor area for each story.' 3. Considerations for neighboring Mobile Home Park: a. The owner proffers thdvoutdoor construction activities, on the Properties, shall not begin prior 7 :30 AM and'will conclude no later, than 7:30 PM. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns; and successors in the interest of the owner 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 and. Ordinance. Respectfully Submitted: By. �'�.► k v-KLalike, ',I j . ° c s;�t -e 4/ �. MB.C, LC .� 0?1� ale 7-.ees1. Date Commonwealth of Virginia, City /County of To Wit. �h The foregoing instrument . was acknowledged before me this 'day of URA , 20 1 S Public om mission Ex ires L 30. _ p 9—©1, S C 3 s Registration Number OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT 46 DATE: 06/18/15 TIME: 11:136:24 ACCOUNT: 069CLR150005516 RECEIPT: 15000011116 - CASHIER: EAB REG: WE17 TYPE: OTHER PAYMENT: FULL - PAYMENT INSTRUMENT 150005516 BOOK: PAGE.: RECORDED: 06/18/15 AT 11:36 GRANTOR: MBC LC EX: N LOC: CO GRANTEE,: FREDERICK'COUNTY "ZONING EX: N PCT: 10.0°% AND ADDRESS RECEIVED OF FRED CO /ROD WILLIAMS /COUNTER CHECK: $2'1.00 DESCRIPTION 1 {000,13:492} PROFFER STATEMENT PAGES: S OP: 0 2; NAMES: 0 CONSIDERATION: 00 A /VAL: .00 MAP: MISC PIN: 301 DEEDS 14.50 145 VSLF 1,.50 106 TECHNOLOGY TRST FND 5.00 TENDERED 21.00 AMOUNT. PAID: 21.00 CHANGE AMT : .00 CLERK OF COURT: REBECCA P. HOGAN PAYOR' S 'COPY RECEIPT 'COPY 1 OF 2 Pursuant to Section 15.2 229.6 Et. Seq. of the-.Code of Virginia, 1950, as amended, and the provisions of -the Frederick County.Zoning °Ordinance with respect to conditional zoning, theundersigned owner herebyoffer.tlie following „proffers that in the event the Board o ... pervisors of Frederick County, Virginia, shall approve Rezoning Application #_ -15 for rezoning of 2.96 -acres from the B -3 & MH -I Districts to; General Business -(B -2) 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 subsequently amended or revised by the owner and such are approved by the. Board of Supervisors in, accordance with the said Code'.and Zoning 10rdinance. 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 owner and their legahsuccessors, heirs, or assigns. The Properties are =more particularly described 'as the lands conveyed to MBC,'LC from Mildred F Cole as recorded in the Frederick County Circuit Court Clerk's Office as t3492- dated dated December 1, 2000'. Rezoning: RZ # 03 -1`5 Property: Area:.296 acres Tax Parcels 55- (A) -34:& 55- (A) -34A Record Owner:: MBC, LC Project Name: MBC "Rezoning Original Date of Proffers: February 26;'2015 Revision Date: April 3, 2015 May 11, 2015 June 1, 2015 Magisterial District: Redbud Pursuant to Section 15.2 229.6 Et. Seq. of the-.Code of Virginia, 1950, as amended, and the provisions of -the Frederick County.Zoning °Ordinance with respect to conditional zoning, theundersigned owner herebyoffer.tlie following „proffers that in the event the Board o ... pervisors of Frederick County, Virginia, shall approve Rezoning Application #_ -15 for rezoning of 2.96 -acres from the B -3 & MH -I Districts to; General Business -(B -2) 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 subsequently amended or revised by the owner and such are approved by the. Board of Supervisors in, accordance with the said Code'.and Zoning 10rdinance. 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 owner and their legahsuccessors, heirs, or assigns. The Properties are =more particularly described 'as the lands conveyed to MBC,'LC from Mildred F Cole as recorded in the Frederick County Circuit Court Clerk's Office as t3492- dated dated December 1, 2000'. • Proffers: L. Tran "sporfati'on a. Access i. The eastern existing entrance on. Berryville `Pike '(Route 7) near Eckard' Circle shall be. closed prior to the first occupancy permit. 'ii: .Ah.eritfance onto - Eckard.. Circle:.shall be utilized until development on the Properties creates more, than 500 'VPD. iii. The western entrance on the Properties froiri..Berryville Pike'(Route 7) Shall be,improved to current VDOT'standard , pr or,to the first occupancy-p erm i i. :iv. A right turn, lane warrant analysis shall' be submitted with any site plan for any site entrance located along the frontage of Route 7. `b.. Dedication. and `Pedestrian Access i. The owner hereby proffers to dedicate additional land along, Berryville, Pike ° "to provide a minimum of 60' of right of 'way from the, centerline of eastbound Route 7. Thin is will be done prior to -the first occupancy ii. 'The, owner hereby proffers to construct a 1.0' paved hiker/bike trail along the Property's .frontage with Berryville Pike per the 2030 Comprehensive.Plan. This is will be done;pnor to the first occupancy, permit.: iii. The; owner proffers to contribute, :$10,000, to - Frederick County for pedestrian, improvements along Route 7 when uses generate more than 500, vehicfetrip.s per "day'(VPD) computed at: site plan submission. 'iv. When uses on the Properties generate more,,than 1,500 VPD as computed at site plan. submission; the owner will contribute an a4ditional'`$50,000 toFrederick, County 'for "pede "strian improvement's along Route 7. 2 c. Development Cap i. In;conformance with the Traffic Impact Analysis prep'ared'by Stowe Engineering, PLC in 20;15; the.development of the property shall generate a maximum of 2,9.77 vehicles per day per the 9th edition of ITE Trip Generation. If'a,property use.is proposed with a higher daily trip generation at site plan submission, a revised Traffic Impact Analysisshall be included with the submission of site plan. 2. Fire & Rescue ­Monetary Contributions a. The owner 'hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of'$0.10 per, building square foot to be disbursed to the FredericWCounty,'F re and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot "' shall. be the combined floor area for each story. 3. Considerations for neighboring Mobile Home Park,.' a. The owner proffers that ,outdoor construction activities; on the Properties, shall not begin prior 7:30 AM and will conclude no.later than 7:30 PM. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns; and.successors in the interest ofthel owner 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 and Ordinance. Respectfully Submitted:, MB`C, LC Date Commonwealth of Virginia, City/County of To Wit: The for."egoing instrumentva& acknowledged before,me; this — day of , 20 By Notary�Publ c Registration Number My Commission Expires 3 Record Owner: 4;r Project °Name: Original Date. of Proffers 'Revision Date: RZ # 03 -15 Area: 2.96 acres Tax Parcels ,55- (A) -34 & 55- (A) -34A MBC, LC MBC Rezoning February 26, 2015 April 3, 2015 May 11, 2015 June 1, 2015 Magisterial District:, `v Redbud V Pursuant to, ;Section, 15.2 )6Ett eq. of the Code of Virginia„ 1950, as amended, and the, provisions of the Frederick County Zoning Ordinance with respect to con_ ditional zoning, the urider'signed owner hereby offer: the following proffers that in the event the Board of Supervisors of Frederick County, Virginia,'shall approve Rezoning Application # -1,51 for, rezoning of 2.96-acres from the `B- 3- , &.MH -1 Districts to General Business (B -2) 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 owner -and such are approved by the 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 hay- e.no effect whatsoever. These proffers shall be binding upon this . owner and their legal successors, heirs, or assigns. The Properties are more particularly described: as the lands conveyed to MBC, LC from Mildred F. Cole as recorded in the Frederick County Circuit Court Clerk's Office as instrument #00013492 dated'December 1, 2000. 1 Proffers: 1. Transportation a. .Access i. The eastern existing entrance on Berryville Pike (Route 7) near Eckard Circle,shall•,be closed prior to the first-occupancy permit. ii: An tritrance onto Eckard. Circle, shall be utilized until development on the Properties creates more than 5.00 VPD. iii. The western'entrance on the Properties; from Berryville Pike (Route 7) shall, be, improved to current VDO.T standards prior to the first occupancy, permit.. iv. A right turn.aane warrant analysis, shall be submitted with any site plan `for any site entrance- located along the °frontage of Route 7. b. Dedication and Pedestrian Access i. The owner hereby proffers to dedicate additional .land along Berryville - Pike to. provi'd'e a minimum of 6.0' of right of way from the centerline of eastbound Route' 7. This is will be done prior to the first occupancy Permit. j ii. The owner hereby proffers to construct a 10' "paved hiker /bike trail along the Property's frontage with Berryville Pike per the 2030 - Comprehensive Plan. This is will be done prior to the first occupancy permit: iii. 'The, owner proffers to contribute $10;000 to Frederick County for 7cdNrP�%�Tai•;r +pA along Route 7 when uses. generate more than 500 vehicle trips per day (VPD) computed at site plan submission. iv. When .uses on the. Properties generate more than 1,500 VPD as icomputed,at, site plan submission;, the owner will contribute an additional'S50,000 to Frederick County f6r.pzda&#4arnmprovements along Route `7. 7Ati,1r°QA Sz an/ ti c, Development Cap is In conformance with, the Traffic Impact Analysis prepared by Stowe Engineering, PLC in 2015;;,the, development of the `property shall, generate a maximum of`2,977 vehicles per day per the. 9th edition of ITE Trip, Generation.,. If a prop.erty'use.is proposed with�a higher daily trip generation at, site plan submission, a revised Traffic Impact. Analysis shall `be included with the submission of the site plan. 2 . Fire, &; Rescue,— Monetary Contributions a. The owner hereby'.proffers a cash contribution to _Frederick County for Fire and Rescue _purposes, of $0.10 per building.,square, foot to be disbursed-to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval.: The term "building square foot" shall be the combined, floor area for each story. 3. Consideratioris;for neighboring Mobile Home Park: a. The owner proffers jhat; outdoor construction activities, on the Properties, shall not begin prior 7:30 AM and will conclude no later than 7:30 PM. The conditions proffered above shall be binding ,upon heirs, executors, administrators, assigns, and successors in, the interest of the owner and.owner. In the event the Frederick Coun °ty 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 and Ordinance. Re.spectfully Submitted: .G C, b� Vt By: t1,1.:r� ca�.�P,�s � 6 A l NVIBC, LC tjgq , ,.QS 0a ;Date Commonwealth of'Virgin/ia, City /C�ty of To Wit:- The' foregoing instrument was acknowledged before me this.�i day of 20 By - Nofary Public Registration Number My Cominission'Expires ._ j 3 Rezoning: RZ-4 03 ='15 Property: Area: 2:96 acres Tax Parcels 55- (A) -34 & 554A) -34A Reeord Owner.: MBC, LC Pro ject`Name: MB..0 Rezoning i Original Date of Proffers: February 26, 201.5 Revision, Date: ' April '3', 2015, May 11,,2015 Magisterial District: 1: a' Redbud I Pursuant to Section 15.2- 22.96'.Et Seq. of. the,Codc- of Virginia, 1':9.,50,, as amended, and the provi's'ions of'the,Tre,deiick County Ldning: Ordinance; with respect to conditional •zoning: the - indersigried owner:hereby offer, ",the following proffer s that in the event the l3oard of.Supervisors'� f- Frederick County, Vlrgi 'nia,.sha11'approveRezoning Application'4 ;lS for:rezoniri of 2.:9.6 - acres: fror►m ;the B 1. -3` & NIH 1:Districts to General Business'(13 -2 District „development. of the, sublec"t- oroperty shall,be done inconformity with the,,ternis and conditions'set forthiherein, except °to.the,extent-thattsu¢h!terms and conditions,may be subsequently amended..or revised by the<owner:and,such.ate approved by`the-Board,of Supervisors in accordance with the-said'_Code:and Zoning Ordinance. In the =event lhat such,rezoMnggis'pot granted, c}ien these proffers; shall be deemed withdraw n and ave. no effect whtsoever. These proffers shall be bindii. 9 upon this owner and their legal successors, heirs, or assigns. The' Properties are more.particularly described as the lands, conveyed to ,MBC, LC from Mildred F. Cole as !record ed, in. the;Fredenck Co,unty,Gircuit' Court;Clerk "s Office as instrument 900013492 dated; Occember. J. 200.0. i I li I i I Y , Proffers: 1 . Transportation Vehicle Trips :per Dayto be "determined at Site Plan submission utilizing`ITE:Trip Generation 1t41dition., i a.. Access i. The, eastern caistIng entrance on Berryville Pike (Route 7) °near Eckard Circle :shall:be closed prior to the first,occupancy permit. i ii. An .entrance onto_E kard Cicle shall be utilized until development on the Properties- creates.more than 500 VPD. iii. Theawestern entrance on'the P,roperties;`f oin Berryville Pike(R6ute 7) shall . be i iproved to current VDOT;standards7prior to the.first occupancy permit,. b, Dedication 'and`Pedestrian Access i. The owner hereby proffers,to dedicate additional land along Berryville Pikeitrovide a muumum_ of 60' of. right of'w o;p ay from the centerline i of eastbound Route- This.is wilrbe'done priofto the frst'gccupancy permit:. _ :ii. The owpef erebyproffers4to construct'a.10':gaved hiker/bike trail along the Property s frontage with Berryville Pike per _the 2030` ,Corriprehensiue Plan-. This'* wil %bedoneiprior;to, the first occupancy ` ;permit. ti.i. The owner proffers to contribute $'l 0,000 to Fredenck County for pedestran improyements;along Route_7 when�u5es generate.moreihan. 9. j SOO.vehrcle trips per,day (VPD)> iv. When: uses :ori;the'Properties'generate more than 1,500. °VPD the own err} "'vvrll contribute an-,addrtrorial$5Q000 to; Frederick County_ 'for pedestrian improvements along Route 7. + i 2 0 2.. Fire. .& - Rescue .- 'IMonetary Contributions. a: The owner. `hereby proffers, a cash contribution to Frederick County for Fire: and Rescue purposes; of $0.10 per building..square-footto be disbursed to the Frederick County Fire and Rescue Department; to be paid prior to; each final site, lan approval. The term "buildmg;square foot" shall be the combined floor area for each story. 3 The owner hereby proffers -riot., exceed, VPD's as .presented in the Traffic Impact Analysis.by Stowte Engineering -, PLC: i 4. Considerations., for;'neighboring,Mobile.Home Park: a; 'The.'ownef proffers that outdoor construction, actwrties, on the:Properties, shall not begin prior 7:30 AM and will conc'l'ude no later than 7i30;PM -. I The ;conditions 1proffered above shall tie binding upon. Heirs; executors, administrators,'assigns, and successors':m the- ihterest"6f the owner and bwner. lit the conditions, the Ck'C ed ty Board of Supervisors grants this rezoning_and accepts the eventthe Frederick Count Bo p tions shall. apply to the land'rezoned tin ad'dition'to other q it the. Frederick' County Code .,,and' Ordinance. re uirements set forth Respectfully Submitted`.. By:' MB LC ,��=R tk- H�►� : Date ' I y. 1�usfcr .. Commonwealth of Virginia, Our f City /County of (��iiknc, e 5:1 p1 To Wit: The: foregoing'insrument was acknowledged before: me thshday, of 20 Y- Piabl' Registration Nurnter, My Commission Expires L) -30 'Zc� l- Rezoning: RZ #,03-15 Property: Area: 2:96 acres Tax Parcel& 55- (A) -34 & 55= (A) -34A .Record Owner: MBC, LC Project:Name: MBC Rezoning Original Date of Proffers: February 26, 2015 Revision Date: April 3, 2015 Magisterial District: Redbud 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- owner hereby offer the following proffers that in the event the, Board of Supervisors of Frederick; County, Virginia, shall approve Rezoning Application #_ -15 for-rezoning of,2.96 -acres from the, B -3 & MH -1 Districts to General Business (B -2) 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 subs' sequently amended or .revised by the owner and such are approved-, by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezon ng:is not granted, then these; proffers, shall'be deemed . withdrawn and have no effect whatsoever. These proffers shall Abe binding upon this owner and their`legal successors, heirs, or assigns. The,Properties are more particularly - described, as the lands conveyed to MBC, LC from Mildred F. Cole as recorded in. the Frederick County. Circuit Court Clerk's Office as instrument #0001 "3'492 dated December 1, 2000. i i Proffers: 1. Transportation Vehicl'e,Tripsaper Day-to be determined at Site Plan "submission utilizing'ITE,Trip Generation 7`h Edition. a. Access i. The eastern existing entrance near Eckard Circle shall be closed prior to the: first occupancy permit. ii. An entrance onto Eckard "'Circle shall be utilized until development on the Properties creates more than 500 VPD. iii. The; western entrance on'the Properties from` Berryville Pike (Route 7) shall be iinproved=to current VDOT standards'prior to the first occupancy permit. b. Dedication and Pedestrian Access i. The;owner hereby proffers to dedicate additional land along'Berryville Pike to provide a,minimum of 60' of right of way from the centerline of eastbound Route 7. This is will be done prior to the first occupancy per ii. The owner hereby, proffers to construct al Vpaved hiker/bike trail along the Property'.s frontage with Berryville Pike per the 2030 Comprehensive Plan. iii. The ;owner "proffers to contribute $10,000 to. Frederick County for pedestrian improvements along Route 7 when uses generate more than 500 vehicle trips per day (VPD). iv. When.uses on the„Properties generate more than '1,500 VPD; the .owner will contribute an additional $50,000 to Frederick County for pedestrian improvements along Route 7. _i I.' 2 2. Fire . &.Rescue Monetary Contributions a. The owner hereby proffers a cash contribution to Frederick, County for Fire and Reseue purposes; of $0.10,per building square, foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior- to each final site plan approval. The term "building square foot" shall be the combined floor- area for each story. 3. The owner hereby proffers not exceed 2,977 VPD's as presented in the Traffic Impact Analysis by Stowel Engineering, 'PLC. 4- Considerations for'neighboring Mobile Home Park: a. The owner proffers. that outdoor construction activities, on the Properties, shall not begin prior 7:30 AM and will conclude no. later. than 7 :30 PM. The conditions proffered above shall be binding upon heirs', executors, administrators, assigns; and successors in the interest of the owner 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 and Ordinance. Respectfully Submitted M "1 8 C. L C b C By-- //3[ ✓`-e `C3 C �i�f 11 t'7 [ili G'1 t2y 1•l_) Y af V`i[r Pws- MBC, LC J Date Commonwealth of Virginia, City /County of To Wit: yet The foregoing instrument was acknowledged before me this L day of Dler. t 201 ss By r Notary Public') Registration Number My Commission Expires