Loading...
HomeMy WebLinkAbout10-06 Proffer StatementArtz Associates, PLC Preliminary Matters REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: August 11,2006 ALBIN CENTER TAX PARCEL 42 -((A)) -249 GAINESBORO MAGISTERIAL DISTRICT RZ# /0 otp 2.07 acres Tax Map Parce1:42 -((A)) -249 David Linda Hicks Artz Associates, PLC ALBIN CENTER 04/10/06 08/10/06 Albin Center 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 -04 for the rezoning of 2.07 acres from the RA, Rural Areas District to establish 2.07 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 to 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 In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever.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. Flicks being all of Tax Map Parcel 42 -((A)) -249, and further described by Deed Instrument 05001375C recorded in the Frederick County Clerk of the court Office on June 24, 2005. 1 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 Relation Services 874 Health Services Medical office Uses: Doctors, Dentists, Optometrists 80 Deli /Specialty to go Foods, Pizza, Ice Cream ETC. Limited Seating 7 or less) Sign Banner Shop (Advertising) General Retail Video Rental 784 August 11, 2006 Artz Associates, PLC The applicant hereby proffers the following: A.) Land Use Restrictions The applicants hereby proffer to limit the land uses for the 2.07 acre parcel to the following: B.) The applicant hereby proffers General Conformance with the GDP by Artz Associates, PLC, dated August 2006. C.) Site Access Preliminary Matters cont The applicants hereby proffer to limit a maximum of 2 entrances, one entrance connection to North Frederick Pike (Route 522 north), and one entrance, connection to Bryarly Road (Rte. 789). Albin Center 0 August 11, 2006 Ariz Associates, PLC Albin Center Preliminary Matters cont. D.) Structural Development a. The applicants hereby proffer to limit the development on the 2.07 acre parcel to a maximum of 25,000 feet of structural area. b. The applicant hereby proffers to limit the structural height to sixty feet from the first floor to the apex of the roof. c. The applicant hereby proffer to utilize similar construction materials on all building walls including brick, vinyl or dry vit, and that the roof will be standing seam metal or dimensional shingle construction. d. The applicants hereby proffer to develop the structure in substantial conformance with the perspective rendering entitled "ALBIN CENTER," prepared by Design Concepts. E.) Business Signs The applicants hereby proffer to limit the number of freestanding business signs to, (2) two on the 2.07 acre parcel. The freestanding business signs are proffered to be of monument style construction will not exceed twelve (10') feet in height. F.) Outdoor Storage The applicants hereby proffer to prohibit outdoor storage on the 2.07 acre parcel. G.)Monetary Contribution for fire and Rescue Services The applicants hereby proffer to provide a cash payment of $2,000.00 to mitigate impact to Fire and Rescue Services. The applicants will provide the cash payment to Treasurer of Frederick County, Virginia at the same time of building permit issuance for the 2.07 acre parcel. 3 August 11, 2006 Artz Associates, PLC Alban Center 2 93a G.) Signatures Respectfully Submitted: Preliminary Matters cont. The condition 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 grant this rezoning and accepts the condition, the proffered condition shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. By: 00----e) a lib David A. Hicks D e By: jit:CJW Linda W. Hicks Commonwealth of Virginia, City /County oft n e r) o n .1 o k To Wit: The foregoing instrument was acknowledged before me this 2006 by )„.p.,4 tlt F* k-A- t C.C.S My Commission Expires (*day of n t,�a tAa_ F!i ck.s 4 Date