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Home My WebLink About14-05 Proffer StatementAMENDMENT Action: PLANNING COMMISSION: September 21, 2005 Recommended Approval BOARD OF SUPERVISORS: October 12, 2005 APPROVED DENIED WHEREAS, Rezoning #14 05 of JCA IV Whitehall, LLC, was submitted to rezone 5 acres from RA (Rural Areas) District to M1 (Light Industrial) District and 15 acres from MI (Light Industrial) District to MI (Light Industrial) District with modified proffers for Caterpillar Maintenance and Sales Facility. The properties are located approximately 950 feet west from interchange 323 off 1-81, approximately 2,560 feet south of Rest Church Road, along proposed Zachary Ann Lane, in the Stonewall Magisterial District, and are identified by Property Identification Numbers (PINS) 33 -9 -6, 33 -9 -7 and 33 -9 -8. WHEREAS, the Planning Commission held a public hearing on this rezoning on September 21, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 12, 2005; 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 5 acres from RA (Rural Areas) District to MI (Light Industrial) District and 15 acres from M1 (Light Industrial) District to MI (Light Industrial) District with modified proffers for Caterpillar Maintenance and Sales Facility, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by The applicant and the property owner. PDRes #42 -05 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #14 -05 OF JCA IV WHITEHALL, LLC PDRes #42 -05 This ordinance shall be in effect on the date of adoption. Passed this 12th day of October, 2005 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Aye Gary Dove Aye Lynda J. Tyler Aye Bill M. Ewing Ave Gene Fisher Aye A COPY ATTEST Joh Hey, Jr. Freierick County Administrator PROPERTY: RECORD OWNERS: Preliminary Matters Prepared by: Alban Tractor Proffer Statement REZONING: RZ# 014 -05 Rural Area District (RA) to Light Industrial District (M1) with proffers Light Industrial District (M -1) to Light Industrial District (MI) with Modified Proffers 5 Acres Portion of Tax Parcels 33- ((A)) -89 and 33- ((A)) -90 15.035 Acres Tax Parcels Portion of 33- ((9)) -8, 33- ((9)) -7, 33- ((9)) -6 JCA IV White Hall, LLC. APPLICANT: James C. Alban IV Managing Member JCA IV White Hall, LLC. PROJECT NAME: Alban Tractor White Hall ORIGINAL August 8, 2005 PROFFER DATE: REVISION DATES: August 18, 2005 Pursuant to Section 15.2-2296 et. Seq. of the Code of Virginia, (1950, as amended),(the "Code and the provisions of the Frederick County Zoning Ordinance (the "Ordinance with respect to conditional zoning, the undersigned applicants hereby proffer that in the event the Board of Supervisors of Frederick County Virginia, shall approve Rezoning Application #014 -05 for the rezoning of 5.0- acres from the Rural Areas (RA) District to Light Industrial (M1) District and 15.035 acres from M1 to M1 with modified proffers. With modified proffers for lots 6, 7 and 8 (previous RZ# 009 -90 Dated November 21, 1990). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except that such term 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 bonding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon applicants and their successors and assigns. Urban Engineering Associates CIVIL Ff',I\71RS MTSGV'GAKEITFLIS I AND SURVEYC S The subject property, identified as White Hall business Park, and more particularly described as the lands owned by JCA IV White Hall, LLC. Previously, a portion of Tax Maps 33- ((A)) -89 and 90 obtained by friendly boundary line adjustment from Fruit Hill Orchard, LLC and further described by Instrument #050015193. This is adjacent to 3 lots currently owned by JCA IV located in the White Hall Business Park currently zoned M -1. These lots are more particularly identified as Tax Map 39- ((9)) -6, 7 8. Transportation The applicant hereby proffers to work with VDoT to develop a lane striping plan to improve traffic conditions at the existing entrance at Rest Church Road and Zachary Ann Lane. Also, the developer agrees to the following improvements to Zachary Ann Lane: 1) Construct and pave Zachary Ann Lane from Rest Church Road (Rt.669) to Lot 6 of the White Hall Business Park. This is to be accomplished according to plans prepared by Ebert and Associates and approved by VDoT in 1997 to current VDoT standards. 2) Add curb and gutter to the edge of pavement shown on the plans prepared by Ebert Associates from the intersection of Rest Church road to a point to be determined by VDoT to help discourage truck parking and not require the addition of storm drain structures. 3) Place No Parking signs along both sides of Zachary Ann Lane from the entrance on Rest Church Road south to the end of the adjacent property currently owned by Flying J. These improvements shall be implemented prior to issuance of occupancy of the proposed facility. Water and Sanitary Sewer The Applicant hereby proffers to extend public water and sewer services from a point on the eastern side of interstate 81 near Duncan run to their area of development. These services have been designed by Urban Engineering and approved by the Frederick County Sanitation Authority. Landscaping and Tree Preservation The Applicant agrees to continue the 50' buffer previously shown on Lot 8 of the Preliminary Master Development plan prepared for the White Hall Business Park along the southern 50' of the property to be rezoned. In addition the applicant agrees to leave an additional tree buffer along lot 8 abutting Interstate 81. This buffer would be a minimum of five feet to a maximum of twenty feet wide. The actual width will be determined during final engineering of the site so as to obtain a 3:1 slope and without the use of retaining walls to allow maximum utilization of storage area. Monetary Contribution to Offset Impact of Development The Applicant herby proffers that in the event rezoning application 014 -05 is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia the following amount: This payment, potentially totaling $1,950 is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. August 18, 2005 $0.015 /building square foot Alban Tractor Proffer Statement 2 of 3 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 Boards of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted By: James C. Alban 1V Managing Member JCA IV White Hall, LLC. State of Maryland City /County of Y� o ast 20 by 2>C1. My Commission Expires a. —net August 18, 2005 To Wit: Date: EA kTo\ oS The foregoing instrument was acknowledged before me this day of,V..,jc gr? S.F. Notary Public \-kmavizsij Alban Tractor Proffer Statement 3 of 3 N/F DAVID K. BRENDA S. GRAY 33 ((A)) 88 0 N/F FRUIT HILL ORCHARD, INC. 33 ((A)) 89 EXISTING LOT 8 PROPOSED ±5 ACRES 10 BE REZONED FROM RA TO 41 VARIABLE BUFFER AREA TO MAINTAIN EXISTING WOODLANDS (5' MINIMUM TO 20' MAXIMUM) f EXISTING LOT N/F FRUIT HILL ORCHARD, INC. 33 ((A)) 90 5192620 505.69 INTERSTATE BI R GRAPHIC SCALE II PEETI Ime 16016 PROPOSED ZACHERY ANN LANE DEDICATION EXISTING L01 6 ZACHARY t'q d J ±2560' 10 REST CHURCH ROAD tm N/F En PROFESSIONAL MOBILE HOME 3 BROKERS, INC. t 33 ((9)) 5 t JCA IV WHITE HALL, LLC. Rezoning Plat Proffer Exhibit August 10 2005 PREPARED BY Urban Engineering Associates, Inc. CUM ENG8A'EEAS• LANDSCAPE /.RCIPFECTS LAND SURVEYORS WiWnly. V8 fl 15WHIDN11 ANIP EXISTING LOT 8 PROPOSED 15 ACRES TO BE REZONED FROM RA i0 1.11 EXISTING PROPERTY LINES 10 BE VAf lEG (AT A LATER DATE) 1 z /%1l EXISTING 60' ZACHARY ANN LANE BASEMENT ±1.722 A0•) TO BE VACATED (AT A LATER DATE) EXISTING PROPERTY LINES TO BE VACATED (Ai A LATER DATE) EXIS TING LOT GRAPHIC SCALE EXISTING L00 6 JCA IV WHITE HALL, LLC. Items to vacated Exhibit August 10, 2005 vur0ED BY sae Urban Engineering Associates, Inc. CIVII. ENGINEERS LWMCME ARCIXThETS IAND SURVEYORS Wurl r.VA ELVCIN0) 1504111 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 Boards of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted By: James C. Alban IV Managing Member JCA IV White Hall, LLC. State of Maryland City /Coin of To Wit: Date: eA \ice\ os The foregoing instrument was acknowledged before me this tIc day of 2005by- t0, C Y S My Commission Expires August 18, 2005 L -as Notary Public Alban Tractor Proffer Statement 3 of3 OUTPUT MODULE APPLICANT: Albin Tractor Net Fiscal Impact LAND USE TYPE Industrial Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For REAL EST VAL $8,133,927 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE RESCUE 1 Capital Faciltiies col sum only) Oper Cap Equip Expend /Debt 5. Taxes, Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit Fire and Rescue Department` $43,318 $0 $0 $43,318 #DIV /0! Elementary Schools $0 Middle Schools $0 $0 $0 $0 $0 $0 #DIV /0! High Schools $0 Parks and Recreation $0 $0 $0 $0 $0 #DIV /0! Public Library $0 $0 $0 $0 $0 #DIV /01 Sheriffs Offices $0 $1,870 $0 $0 $1,870 $1,870 $0 #DIV /0! Administration Building $0 $0 $0 $0 $0 #DIV /0! Other Miscellaneous Facilities $0 $4,483 $4,949 $9,432 $9,432 $0 #DIV /0! SUBTOTAL $43,318 $6,352 $4,949 $0 $11,302 $11,302 $32,016 #DIV /0! LESS: NET FISCAL IMPACT $778,163 5778.163 $778,163 ($778 163) #DIV /0! NET CAP. FACILITIES IMPACT METHODOLOGY: INDEX: "1.0" If Cap. Equip Included INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg PLANNING DEPT PREFERENCE$ 1.0 0.0 Rev -Cost Bal 1.0 1.0 Ratio to Co Avg 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one -time taxes /fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 08/05/05 Project Description: Assumes 120,000 square feet on 20 acres zoned M1 District. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 1.000 1.342 $0 I #DIV /0! REZONING: RZ# 014 -05 L, Ay l. Rural Area District (RA) to i al District (Ml) with proffers _Manufacturing District (M -l) to district (MI) with Modified l ak Proffers PROPERTY: RECORD OWNERS: 5 Acres Portion of Tax Parcels 33- ((A)) -89 and 33- ((A)) -90 15.035 Acres Tax Parcels Portion of 33-((9D-8, 33- ((9)) -7, 33- ((9)) -6 JCA IV White Hall, LLC. APPLICANT: James C. Alban IV Managing Member JCA IV White Hall, LLC. PROJECT NAME: Alban Tractor White Hall ORIGINAL August 8, 2005 PROFFER DATE: REVISION DATES: August 18, 2005 Preliminary Matters Alban Tractor Proffer Statement Pursuant to Section 15.2 -2296 et. Seq. of the Code of Virginia, (1950, as amended),(the "Code and the provisions of the Frederick County Zoning Ordinance (the "Ordinance with respect to conditional zoning, the undersigned applicants hereby proffer that in the event the Board of Supervisors of Frederick County Virginia, shall approve Rez•ni❑ lication #014 -05 for the rezoning of 5.0- acres from the RA Rural Areas li District to g (MI) District and 15.035 acres from MI to M1 with modified proffers. With modified proffers for lots 6, 7 and 8 (previous RZ# 009 -90 Dated November 21, 1990). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except that such term 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 bonding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon applicants and their successors and assigns. Prepared by: Urban Engineering Associates CIVIL ENGINEERS LANDSCAPE ARCHITECTS LAND SURVEYORS The subject property, identified as White Hall business Park, and more particularly described as the lands owned by JCA IV White Hall, LLC. Previously, a portion of Tax Maps 33- ((A)) -89 and 90 obtained by friendly boundary line adjustment from Fruit Hill Orchard, LLC and further described by Instrument #050015193. This is adjacent to 3 lots currently owned by JCA IV located in the White Hall Business Park currently zoned M -1. These lots are more particularly identified as Tax Map 39- ((9)) -6, 7 8. Transportation The applicant hereby proffers to work with VDoT to develop a lane striping plan to improve traffic conditions at the existing entrance at Rest Church Road and Zachary Aim Lane. Also, the developer agrees to the following improvements to Zachary Ann Lane: 1) Construct and pave Zachary Ann Lane from Rest Church Road (Rt.669) to Lot 6 of the White Hall Business Park. This is to be accomplished according to plans prepared by Ebert and Associates and approved by VDoT in 1997 to current VDoT standards. 2) Add curb and gutter to the edge of pavement shown on the plans prepared by Ebert Associates from the intersection of Rest Church road to a point to be determined by VDoT to help discourage truck parking and not require the addition of storm drain structures. 3) Place No Parking signs along both sides of Zachary Ann Lane from the entrance on Rest Church Road south to the end of the adjacent property currently owned by Flying J. These improvements shall be implemented prior to issuance of occupancy of the proposed facility. Water and Sanitary Sewer The Applicant hereby proffers to extend public water and sewer services from a point on the eastern side of interstate 81 near Duncan run to their area of development. These services have been designed by Urban Engineering and approved by the Frederick County Sanitation Authority. Landscaping and Tree Preservation The Applicant agrees to continue the 50' buffer previously shown on Lot 8 of the Preliminary Master Development plan prepared for the White Hall Business Park along the southern 50' of the property to be rezoned. In addition the applicant agrees to leave an additional tree buffer along lot 8 abutting Interstate 81. This buffer would be a minimum of five feet to a maximum of twenty feet wide. The actual width will be determined during final engineering of the site so as to obtain a 3:1 slope and without the use of retaining walls to allow maximum utilization of storage area. Monetary Contribution to Offset Impact of Development The Applicant herby proffers that in the event rezoning application 014 -05 is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia the following amount: This payment, potentially totaling $1,950 is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. August 18, 2005 $0.015/building square foot Alban Tractor Proffer Statement 2 of 3 REZONING: RZ# 014 -05 Rural Area District (RA) to General Industrial District (M1) with proffers Manufacturing District (M -1) to Manufacturing District (M1) with Modified Proffers PROPERTY: RECORD OWNERS: ORIGINAL August 8, 2005 PROFFER DATE: REVISION DATES: August 18, 2005 Preliminary Matters Alban Tractor Proffer Statement 5 Acres Portion of Tax Parcels 33- ((A)) -89 and 33- ((A)) -90 15.035 Acres Tax Parcels Portion of 33- ((9)) -8, 33- ((9)) -7, 33- ((9)) -6 JCA IV White Hall, LLC. APPLICANT: James C. Alban IV Managing Member JCA IV White Hall, LLC. PROJECT NAME: Alban Tractor White Hall Pursuant to Section 15.2 -2296 et. Seq. of the Code of Virginia, (1950, as amended),(the "Code and the provisions of the Frederick County Zoning Ordinance (the "Ordinance with respect to conditional zoning, the undersigned applicants hereby proffer that in the event the Board of Supervisors of Frederick County Virginia, shall approve Rezoning Application #014 -05 for the rezoning of 5.0- acres from the Rural Areas (RA) District to General Manufacturing (M1) District and 15.035 acres from Ml to Ml with modified proffers. With modified proffers for lots 6, 7 and 8 (previous RZ# 009 -90 Dated November 21, 1990). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except that such term 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 bonding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon applicants and their successors and assigns. Prepared by: Urban Engineering Associates CIVIL ENGINEERS' LANDSCAPE ARCHITECTS LAND SURVEYORS Landscaping and Tree Preservation Transportation The subject property, identified as White Hall business Park, and more particularly described as the lands owned by JCA IV White Hall, LLC. Previously, a portion of Tax Maps 33- ((A)) -89 and 90 obtained by friendly boundary line adjustment from Fruit Hill Orchard, LLC and further described by Instrument #050015193. This is adjacent to 3 lots currently owned by JCA IV located in the White Hall Business Park currently zoned M -1. These lots are more particularly identified as Tax Map 39-((9D-6, 7 8. The applicant hereby proffers to work with VDoT to develop a lane striping plan to improve traffic conditions at the existing entrance at Rest Church Road and Zachary Ann Lane. Also, the developer agrees to the following improvements to Zachary Ann Lane: 1) Construct and pave Zachary Ann Lane from Rest Church Road (Rt.669) to Lot 6 of the White Hall Business Park. This is to be accomplished according to plans prepared by Ebert and Associates and approved by VDoT in 1997 to current VDoT standards. 2) Add curb and gutter to the edge of pavement shown on the plans prepared by Ebert Associates from the intersection of Rest Church road to a point to be determined by VDoT to help discourage truck parking and not require the addition of storm drain structures. 3) Place No Parking signs along both sides of Zachary Ann Lane from the entrance on Rest Church Road south to the end of the adjacent property currently owned by Flying J. These improvements shall be implemented prior to issuance of occupancy of the proposed facility. Water and Sanitary Sewer The Applicant hereby proffers to extend public water and sewer services from a point on the eastern side of interstate 81 near Duncan run to their area of development. These services have been designed by Urban Engineering and approved by the Frederick County Sanitation Authority. The Applicant agrees to continue the 50' buffer previously shown on Lot 8 of the Preliminary Master Development plan prepared for the White Hall Business Park along the southern 50' of the property to be rezoned. In addition the applicant agrees to leave an additional tree buffer along lot 8 abutting Interstate 81. This buffer would be a minimum of five feet to a maximum of twenty feet wide. The actual width will be determined during final engineering of the site so as to obtain a 3:1 slope and without the use of retaining walls to allow maximum utilization of storage area. Monetary Contribution to Offset Impact of Development The Applicant herby proffers that in the event rezoning application 014 -05 is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia the following amount: August 18, 2005 50.015/building square foot This payment, potentially totaling $1,950 is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. Alban Tractor Proffer Statement 2 of 3 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 Boards of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted By: August 9, 2005 James C!Alban IV Managing Member JCA IV White Hall, LLC. State of Maryland City /Cow of Y t t Q To Wit: The foregoing instrument was acknowledged before me this n day of il A c,p 20 0 S by Ci, IN o g �1 My Commission Expires a -09 Date: 0 Notary Public Alban Tractor Proffer Statement 3 of 3 N/F DAVID K. BRENDA 5. GRAY 33 ((A)) BB N/F FRUIT HILL ORCHARD, INC. 33 ((A)) B9 PROPOSED 15 ACRES TO BE REZONED FROM RA TO MI EXISTING LOT B 'sn6:Y! Jsi fs EXISTING LOT 7 N/F FRUIT HILL ORCHARD. INC. 33 ((A)) 90 GRAPHIC SCALE 1 Iix FWX1 I men too it 52560' TO REST CHURCH ROAD PROPOSED ZACHERY ANN LANE DEDICATION EXISTING LOT 6 ZACHARI Ntl- LANE VARIABLE BUFFER AREA TO MAINTAIN E&STING WOODLANDS (S MINIMUM i0:O'= A%IMUM) sH976'iD'w card 51976'2O 505.69' INTERSTATE 81 R/W t' N/F PROFESSIONAL MOBILE He BROKERS. INC. ((9)) 5 I J JCA IV WHITE HALL, LLC Rezoning Plat Proffer Exhibit August 10, 2005 0 X02412D BY Urban Engineering Associates, Inc. CTVIL ENGINEERS LANDSCAPE ARCIOIECIS LAID SURVEYORS WircMUU, VA Mme 04014501111 ZACHARY _pal. ANE En STING LOT a PROPOSED S5 ACRES 10 BE REZONED FROM RA TO MI EXISTING PROPERTY LINES TO BE VACATED (AT A LATER DATE) �1 EXISTING 60 ZACHARY MN LANE SEMENI (61.722 AC.) TO BE VACATED (AT A LATER DATE) EXISTING PROPERTY LINES 10 BE VACATED (61 A LATER DATE) nS11NG Lot EXISTING L01 6 GRAPHIC SCALE 1. T 1 Lick IM JCA IV WHITE HALL, LLC. Items to vacated Exhibit August 10, 2005 0 PREPARED BT U rban Engineering Associates, Inc. CIVIL ENGINEERS L OIC'AME ARM/EMS LAND SURVEYORS F'ixhuc. VA Tu )5O) 4540211 RECORD OWNERS: REVISION DATES: APPLICANT: Jamie C. Alban IV Managing Member JCA IV White Hall, LLC. PROJECT NAME: Alban Tractor White Hall Prepared by: ORIGINAL August 8, 2005 PROFFER DATE: Alban Tractor Proffer Statement PROPERTY: 5 Acres Portion of Tax Parcels 33- ((A)) -89 and 33- ((A)) -90 JCA IV White Hall, LLC. Urban Engineering Associates CIVIL ENGINEERS LANDSCAPE ARCHITECTS LAND SURVEYORS REZONING: RZ# Rural Area District (RA) to General Industrial District (M1) with proffers Preliminary Matters Pursuant to Section 15.2 -2296 et. Seq. of the Code of Virginia, (1950, as amended),(the "Code and the provisions of the Frederick County Zoning Ordinance (the "Ordinance with respect to conditional zoning, the undersigned applicants hereby proffer that in the event the Board of Supervisors of Frederick County Virginia, shall approve Rezoning Application j 4 -O5' for the rezoning of 5.0- acres from the Rural Areas (RA) District to General Manufacturing (M 1) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except that such term 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 bonding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon applicants and their successors and assigns. The subject property, identified as White Hall business Park, and more particularly described as the lands owned by JCA IV White Hall, LLC. A portion of Tax Maps 33- ((A)) -89 and 90 obtained by friendly boundary line adjustment from Fruit Hill Orchard, LLC and further described by Instrument #050015193. This is adjacent to 3 lots currently owned by JCA IV located in the White Hall Business Park currently zoned M -1. These lots are more particularly identified as Tax Map 39- ((9)) -6, 7 8. Transportation The applicant hereby proffers to work with VDoT to develop a lane striping plan to improve traffic conditions at the existing entrance at Rest Church Road and Zachary Ann Lane. Also, the developer agrees to the following improvements to Zachary Ann Lane: 1) Construct and pave Zachary Ann Lane from Rest Church Road (Rt.669) to Lot 6 of the White Hall Business Park. This is to be accomplished according to plans prepared by Ebert and Associates and approved by VDoT in 1997. 2) Add curb and gutter to the edge of pavement shown on the plans prepared by Ebert Associates from the intersection of Rest Church road to a point to help discourage truck parking and not require the addition of storm drain structures. 3) Place No Parking signs along both sides of Zachary Ann Lane from the entrance on Rest Church Road south to the end of the adjacent property currently owned by Flying J. These improvements shall be implemented prior to issuance of occupancy of the proposed facility. Water and Sanitary Sewer The Applicant hereby proffers to extend public water and sewer services from a point on the eastern side of interstate 81 near Duncan run to their area of development. These services have been designed by Urban Engineering and approved by the Frederick County Sanitation Authority. Landscaping and Tree Preservation The Applicant agrees to continue the 50' buffer as shown on Lot 8 of the Preliminary Master Development plan prepared for the White Hall Business Park along the southern 50' of the property to be rezoned. Monetary Contribution to Offset Impact of Development The Applicant herby proffers that in the event rezoning application /4 or is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia the following amount: This payment, potentially totaling $1,950 is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. August 9, 2005 $0.015 /building square foot Alban Tractor Proffer Statement 2 of 3 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 Boards of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted By: James C!Alban IV Managing Member JCA IV White Hall, LLC. State of Maryland City /Coin of To Wit: The foregoing instrument was acknowledged before me this day of 200by My Commission Expires 9- O August 9, 2005 Date: i SJ�QnxcP Notary Public Alban Tractor Proffer Statement 3 of 3