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54F19_WalgreensDairyCornerPlaceAMENDMENT Action: PLANNING COMMISSION: June 17, 2009 - Recommended Approval BOARD OF SUPERVISORS: August 12, 2009 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 403 -09 OF WALGREENS -DAIRY CORNER PLACE WHEREAS, Rezoning 903 -09 of Walgreens -Dairy Corner Place, submitted by Patton Harris Rust & Associates, to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, and 09 acres from B2 to B2 District with proffers, totaling 4 acres, with proffers dated September 4, 2008, last revised on June 29, 2009, for Commercial Uses (including a Pharmacy), was considered. The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659) adjacent to Dairy Corner Place, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 541`-')-Al, 54F -3- A2 and a portion of 54- A -1 12C. WHEREAS, the Planning Commission held a public hearing on this rezoning on June 17,2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 22, 2009, and a public meeting on August 12, 2009; 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 rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, and 0.9 acres from B2 to B2 District with proffers, totaling 4 acres, with proffers for Commercial Uses (including a Pharmacy). The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRES# -21 -09 This ordinance shall be in effect on the date of adoption. Passed this 12th day of August, 2009 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary W. Dove Gene E. Fisher Philip A. Lemieux Gary A. Lofton Ave Aye - -. -- — BiIIM.Ewing - -— — Aye — -- - - -- - -... -- Aye Charles S. Dellaven, Jr. Aye' Aye A COPY ATTEST J County Administrator PDRES4-21 -09 PROPOSED PROFFER STATEMENT REZONING: RZ R 03 -09 Residential Performance (RP) and Business General (B2) to Business General (B2) PROPERTY: 4.0 acre + / -; Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -Al, 54F -3 -A2, and portion of 54-A-1 12C (the "Property") RECORD OWNER: Eastside Holdings, LLC & 220 Seafood Restaurant LLC APPLICANT: Eastside Holdings, LLC PROJECT WANE: Walgreens — Dairy Corner Place ORIGINAL DATE OF PROFFERS: September 4, 2008 REVISION DATE(S): October 10, 2008; October 15, 2008; October 21, 2008; October 22, 2008; November 5, 2008; November 6, 2008; November 21, 2008; November 25, 2008; May 6, 2009; May 22, 2009; June 29, 2009 The undersigned hereby proffers that the use and development of the subject property ( "Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ( "Applicant "), 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 on the day following the last day upon which the Frederick County Board of County 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 rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Walgreens — Dairy Comer Place" dated September 4, 2008 revised May 22, 2009 (the "GDP "). 1. Site Development 1.1 Development of the Property shall be limited to up to 15,000 square feet pharmacy and up to 10,000 square feet of any other use permitted in the B2 zoning district, excluding gasoline service stations, convenience stores, and fast food restaurants. 1.2 The Property shall be developed in substantial conformance with the GDP. Proffer Statement IFalgreens — Dairy Corner Place 1.3 Access to Tax Map Parcels 5417-1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -Ai, 54F -3 -A2 from Valley Mill Road shall be limited to one entrance in substantial conformance with the location depicted on the GDP. (See 1 on the GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constricted Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -Al, 54F -3 -A2, the Applicant shall provide an inter - parcel connector for access to and from the area located east of the Property in substantial conformance with the location depicted on the GDP. (See 2 on the GDP) 1.5 The Applicant shall design and construct all improvements necessary to provide two left rum lanes and a shared right/thru lane for northbound Valley Mill Road at the intersection of Valley Mill Road and Route 7 as depicted on the GDP. Said improvement shall be made prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 5417-1 -9, 54F -1 -9A, 54F -A -30, 541 -A, 54F -3 -A1, 54F -3 -A2 and shall be subject to review and approval by the Virginia Department of Transportation (VDOT). (See 3 on the GDP) 1.6 The Applicant shall design and construct a left rum lane for the project entrance on Valley Mill Road as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. Said design shall be subject to review and approval by VDOT. (See 4 on the GDP) 1.7 If permitted by Frederick County and VDOT, the Applicant shall close the existing access from Dairy Comer Place to Valley NO Road and Martin Drive as depicted on the GDP. The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT after issuance of a building permit for Tax Map Parcels 5417-1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. In the event the Applicant does not receive written notification from Frederick County and VDOT within 5 years from the date of final rezoning to request the closure of said roadway, then the Applicant shall no longer be responsible for said improvement. In the event of closure, said portion of Dairy Comer Place shall be used as a hiker /biker trail if permitted by VDOT and Frederick County. Additionally, in the event of closure, the Applicant shall design the closure to maintain pedestrian and bicycle access to Valley Mill Road and Martin Drive (See 5A and 5B on the GDP) 1.8 The Applicant shall dedicate 10 feet of right of way across the Property frontage with Valley Mill Road prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3- A1, 54F -3 -A2. (See 6 on GDP) 1.9 The Applicant shall construct a 10' asphalt hiker /biker trail to VDOT standards along the Property frontage with Valley Mill Road concurrent with the road improvements identified in Proffer 1.5. Said trail shall be connected to existing Dairy Comer Place. (See 7 on GDP) Page 2 of 6 Proffer Statement Walgreens — Dairy Corner Place 1.10 Prior to site plan approval, the Applicant shall obtain any easements necessary to provide adequate sight distance as required by VDOT. 1.11 Prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2, the Applicant shall construct a private commercial roadway connecting the proposed Valley Mill Road entrance to the existing Martin Drive intersection at Route 7 as generally depicted on the GDP. The Applicant shall improve the intersection of Martin Drive and Route 7 as required by VDOT for site plan approval prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. (See 8 on GDP) 1.12 The Applicant shall provide street trees planted 50' on center along the Property frontage with Valley Mill Road and Dairy Comer Place as depicted on the GDP. Said street trees shall be planted prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F- 3-A, 54F -3 -A1, 54F -3 -A2. 2. Design Standards 2.1 Any structure erected on the Property shall be constructed using one or a combination of the following : cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, dumpster pad screen walls shall be constructed of the same masonry material(s) used for building construction. 2.2 Site lighting shall utilize full cut -off luminaries. 2.3 All structures erected on the Property shall utilize the same facade materials in order to promote a cohesive development pattern. 2.4 The design materials and elevation of the proposed pharmacy building shall be in general conformance with the attached exhibit entitled " Walgreens - Dairy Comer Place" dated June 29, 2009. (See Exhibit A) 3. Monetar3r Contribution to Offset Impact of Development 3.1 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made prior to issuance of a building permit for Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A- 30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. 3.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for Sheriff's Office purposes. Said contribution shall be made prior to issuance of a building permit for Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. Page 3 of 6 Proffer Statement 4. Escalator Clause Walgreens — Dairy Corner Place 4.1 In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick County within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Frederick County after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ( "CPI -U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change n the CPI -U from that date 30 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non - compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 4 of 6 Proffer Staienew Respectfully submitted, Eastsi.d B Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit. 'rG Walgreens - Dairy Corner Place The fore oing ins ent was acknowledged before me this day of 2009, by l ! yv " My commission expires -30. , Notary Public alp 109 Page 5 of 6 Proffer Statement Respectfully subntitted, 220 Seafood Restaurant, LLC By hb liwt.l'• Anon A M be r Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: [Valgreens – Dairy Corner Place The foregoing instrument was acknowledged before me this ,� day of 2009, by Q�L >P_rF i C)CieT4e crud .� e rb T s ic My coTnmission expires i 1 Notary Public 1, �— JUDITH KLINE NOTARY fD # 7093311 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AUGUST 31, 2011 Page 6 of 6 Walgreens — Dairy Corner Place June 29, 2009 Exhibit A / / / /: j ( I IN'' \ \ \ \,\\ \�k�,,, --•.9. / 1 .0 1\ \ 6u • i I ~, 1 \ 513-___, 615 1 1 t \ \ -, \ \ _ -------- \ \ \ ��/ e ti \ 1 P B ztls E '�� ■ � 3 t 1 Nl�r' S �r \ � k \ V\ \ y y , f J • . 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No. SHEET RED BUD MAGISTERIAL DISTRICT F 540- 655 -0493 15824 -1 -0 1 OF 1 FREDERICK COUNTY, VIRGINIA