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HomeMy WebLinkAbout18-06 Proffer StatementAction: PLANNING COMMISSION: February 21, 2007 Recommended Approval BOARD OF SUPERVISORS: March 14, 2007 APPROVED DENIED PDRes #24-07 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #18 -06 OF WOODSIDE COMMERCIAL CENTER WHEREAS, Rezoning #18 -06 of Woodside Commercial Center, submitted by GreyWolfe, Inc., to rezone 8.835 acres from the RA (Rural Ateas) District to the B3 (Industrial' Transition) District with proffers, for commercial and industrial uses, was considered. The property is located on the east side of Route 11, approximately 3,000 feet north of Hopewell Road (Route 672), in the Stonewall Magisterial District, and is identified by Property Identification Number 33- A -124A. WHEREAS, the Planning Commission held a public hearing on this rezoning on December 20, 2006 and further considered this application on February 21, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 14, 2007; 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 8.835 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District for commercial and industrial uses, with proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. Passed this 14th day of March, 2007 by the following recorded vote: Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux PDRes #24 -07 Nay Aye Aye Aye Barbara E. Van Osten Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST Aye Aye Aye John R' y, Jr. Fred- i County Administrator Rezoning: RZ 18 -06 Property: Area: 8.835 acres Tax Parcel 33- (A) -124A Record Owner: SilverWolfe, LLC Applicant: GreyWolfe, Inc. Gary R. Oates, LS -B, PE Project Name: Woodside Commercial Center Original Date of Proffers: June 13, 2006 Revised Date Proffers: November 9, 2006 January 3, 2007 January 12, 2007 January 26, 2007 February 27, 2007 March 15, 2007 Magisterial District: Stonewall 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 offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #18 -06 for rezoning of 8.835 -acres from the RA District to industrial Transitional (B -3) 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 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 have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to SilverWolfe, LLC, from Douglas L. Brill Bonnie R Brill as recorded in the Frederick County Circuit Court Clerk's Office as instrument #060018520 dated September 29, 2006. 1 Proffers: 1. Transportation a. Access i. Access to this property from Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. The final location will be subject to VDOT review and approval once a site plan is submitted. ii. Access to this property from Woodside Road (Route 671) shall be limited to a maximum of two commercial entrances. The final locations will be subject to VDOT review and approval once site plans are submitted. Turn lanes and tapers for these entrances will be built as required by VDOT. b. Additional Lanes i. The applicant hereby proffers to construct a 12' lane onto Martinsburg Pike, Route 11, along the site road frontage. This +1 -650' long lane will be built to VDOT requirements. This will be built prior to receiving any final occupancy permits on site. ii. The applicant hereby proffers to dedicate an additional 10' strip of land to the Commonwealth of Virginia and to pave a 12' lane along the entire frontage of Woodside Road, Route 671, when the traffic count from this project reaches or exceeds 2,815 trips per day or upon request by Frederick County. c. Interparcel connections i. Upon construction of a state approved entrance onto Martinsburg Pike, Route 11, the applicant hereby proffers to designate one inter parcel connection along the southern boundary. d. Right of Way and Easement Dedication i. The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) Right of Way. The applicant also proffers to the Commonwealth of Virginia a strip of land twenty -five (25') in width from the centerline of Woodside Road (Route 671) along the entire frontage of the property. These dedications will take place prior to site plan approval. 2 ii. The applicant hereby proffers a 20' drainage, pedestrian, and utility easement along the frontage of Martinsburg Pike, Route 11, to Frederick County. The applicant will retain the right to place the proffered split rail fence (see item 7 -A) and monument sign (see item 7 -D) within this easement. e. Contributions for Road Improvements in recognition of off -site transportation impacts. The engineering and surveying services (identified by items i and ii) will begin prior to the approval of first site plan or upon request by Frederick County; whichever comes first. i. The applicant hereby proffers to present the County with an engineered road plan for the realignment of Brucetown and Hopewell Roads at Martinsburg Pike. The design will extend 300' north and 300' south on Martinsburg Pike from the intersection with Hopewell Road, and be bounded by the Winchester and Western Railroad to the west and the Clear Brook Fire Station to the east. A diagram of this area for the intersection design is attached and labeled as exhibit "A ii. The applicant hereby proffers to present the County with aerial mapping of the Martinsburg Pike corridor. The aerial mapping will begin at the Clear Brook Convenience Site entrance to the south and extend 3.125 miles north to the State line with a corridor width of 300'. The aerial mapping will produce topography with 1' contour intervals at 50' scale accuracy. A diagram of this intersection is attached and labeled as exhibit `B 2. Fire Rescue Monetary Contributions a. The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, 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 applicant hereby proffers that the combined building floor area for the following high- traffic uses of retail, restaurant, and indoor entertainment shall not exceed a combined total of 75,000 square feet. All other uses allowed in B -3 such as general office and storage will not be limited. 4. The applicant hereby proffers that the following uses shall be prohibited on the property: a. "Truck Stops Retail" as defined in SIC 5541. Excluding Truck Stops, all other uses within SIC Code 5541 are included and acceptable. b. SIC 45 "Transportation by Air" c. SIC 4741 "Rental of Railroad Cars" 3 d. SIC 5271 "Mobile Home Dealers" e. SIC 7833 "Drive -In Motion Pictures" 5. The applicant hereby proffers the following conditions to "Automobile Service Stations Retail" as defined in SIC 5541 "Gasoline Service Stations a. Only one business will be allowed to have retail fuel pumps. b. The total number of pumps will be limited to twelve or fewer. c. Diesel fuel will be restricted to two pumps or fewer and must be located with other pumps. Diesel fuel sales to "over- the -road trucks" will be prohibited. 6. The applicant hereby proffers to install an additional row of evergreen trees for a total of four rows in all areas required to have a "full screen zoning buffer" per the Frederick County Zoning Ordinance at the time of site plan approvals. 7. Corridor Enhancements to be completed by prior to the first occupancy permit. a. The applicant will construct a split rail fence along the road frontage. b. The applicant will not allow any parking spaces or outdoor storage to be constructed within 50' of Route 11. Any required fire lanes within this area will be grass paved. c. The applicant will erect a single monument style sign, not to exceed twelve (12') in height, with the park's name and list of tenants. This monument sign will not exceed twelve (12') in height or one hundred (100 sf) square in area. The applicant will not install any freestanding signs between the buildings and Route 11 other than this one monument sign. d. The applicant will restrict each business facing Route 11 to a sign not to exceed eight square feet mounted on the building. This applies to individual businesses and not the entire building. e. The applicant will require each building facade along Route 11 to be constructed of wood, vinyl, glass, masonry, or stucco. However, metal siding will be allowed within the business park and on all sides not facing Route 11. 4 The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the applicant 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: Gary todney Oates Commonwealth of Virginia, City /County of Fr` eoLo- ck 7-10 -0.7 Date C 0 4 4 3 o 7 Gary ✓enzel Oa es Date My Commission Expires To Wit: The foregoing instrument was acknowledged before me this «O day of Mlah, 2007 By V\ l �r, �I boor b r 5 Notary Public EXHIBIT B 0 a GRAPHIC SCALE 2000' Rezoning: RZ 18 -06 Property: Area: 8.835 acres Tax Parcel 33- (A) -124A Record Owner: SilverWolfe, LLC Applicant: GreyWolfe, Inc. Gary R. Oates, LS -B, PE Project Name: Woodside Commercial Center Original Date of Proffers: June 13, 2006 Revised Date Proffers: November 9, 2006 January 3, 2007 January 12, 2007 January 26, 2007 February 27, 2007 Magisterial District: Stonewall 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 offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #18 -06 for rezoning of 8.835 -acres from the RA District to Industrial Transitional (B -3) 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 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 have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to SilverWolfe, LLC, from Douglas L. Brill Bonnie R. Brill as recorded in the Frederick County Circuit Court Clerk's Office as instrument #060018520 dated September 29, 2006. 1 NOT CURRENT Proffers: 1. Transportation a. Access i. Access to this property from Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. The final location will be subject to VDOT review and approval once a site plan is submitted. ii. Access to this property from Woodside Road (Route 671) shall be limited to a maximum of two commercial entrances. The final locations will be subject to VDOT review and approval once site plans are submitted. Turn lanes and tapers for these entrances will be built as required by VDOT. b. Additional Lanes i. The applicant hereby proffers to construct a 12' lane onto Martinsburg Pike, Route 11, along the site road frontage. This -650' long lane will be built to VDOT requirements. This will be built prior to receiving any final occupancy permits on site. ii. The applicant hereby proffers to dedicate an additional 10' strip of land to the Commonwealth of Virginia and to pave a 12' lane along the entire frontage of Woodside Road, Route 671, when the traffic count from this project reaches or exceeds 2,815 trips per day or upon request by Frederick County. c. Interparcel connections i. Upon construction of a state approved entrance onto Martinsburg Pike, Route 11, the applicant hereby proffers to designate one inter parcel connection along the southern boundary. d. Right of Way and Easement Dedication i. The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) Right of Way. The applicant also proffers to the Commonwealth of Virginia a strip of land twenty -five (25') in width from the centerline of Woodside Road (Route 671) along the entire frontage of the property. These dedications will take place prior to site plan approval. 2 ii. The applicant hereby proffers a 20' drainage, pedestrian, and utility easement along the frontage of Martinsburg Pike, Route 11, to Frederick County. The applicant will retain the right to place the proffered split rail fence (see item 7 -A) and monument sign (see item 7 -D) within this easement. e. Contributions for Road Improvements in recognition of off -site transportation impacts. Items i and ii to be completed prior to approval of first site plan. i. The applicant hereby proffers to present the County with an engineered road plan for the realignment of Brucetown and Hopewell Roads at Martinsburg Pike. The design will extend 300' north and 300' south on Martinsburg Pike from the intersection with Hopewell Road, and be bounded by the Winchester and Western Railroad to the west and the Clear Brook Fire Station to the east. A diagram of this area for the intersection design is attached and labeled as exhibit "A ii. The applicant hereby proffers to present the County with aerial mapping of the Martinsburg Pike corridor. The aerial mapping will begin at the Clear Brook Convenience Site entrance to the south and extend 3.125 miles north to the State line with a corridor width of 300'. The aerial mapping will produce topography with 1' contour intervals at a 50' scale accuracy. A diagram of this intersection is attached and labeled as exhibit `B 2. Fire Rescue Monetary Contributions a. The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, 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 applicant hereby proffers that the combined building floor area for the following high- traffic uses of retail, restaurant, and indoor entertainment shall not exceed a combined total of 75,000 square feet. All other uses allowed in B -3 such as general office and storage will not be limited. 4. The applicant hereby proffers that the following uses shall be prohibited on the property: a. "Truck Stops- Retail" as defined in SIC 5541. Excluding Truck Stops, all other uses within SIC Code 5541 are included and acceptable. b. SIC 45 "Transportation by Air" c. SIC 4741— "Rental of Railroad Cars" d. SIC 5271— "Mobile Home Dealers" e. SIC 7833 "Drive -In Motion Pictures" 3 5. The applicant hereby proffers the following conditions to "Automobile Service Stations Retail" as defined in SIC 5541 "Gasoline Service Stations a. Only one business will be allowed to have retail fuel pumps. b. The total number of pumps will be limited to twelve or fewer. c. Diesel fuel will be restricted to two pumps or fewer and must be located with other pumps. Diesel fuel sales to "over- the -road trucks" will be prohibited. 6. The applicant hereby proffers to install an additional row of evergreen trees for a total of four rows in all areas required to have a "full screen zoning buffer" per the Frederick County Zoning Ordinance at the time of site plan approvals. 7. Corridor Enhancements to be completed by prior to the first occupancy permit. a. The applicant will construct a split rail fence along the road frontage. b. The applicant will not allow any parking spaces or outdoor storage to be constructed within 50' of Route 11. Any required fire lanes within this area will be grass paved. c. The applicant will erect a single monument style sign, not to exceed twelve (12') in height, with the park's name and list of tenants. This monument sign will not exceed twelve (12') in height or one hundred (100 sf) square in area. The applicant will not install any freestanding signs between the buildings and Route 11 other than this one monument sign. d. The applicant will restrict each business facing Route 11 to a sign not to exceed eight square feet mounted on the building. This applies to individual businesses and not the entire building. e. The applicant will require each building facade along Route 11 to be constructed of wood, vinyl, glass, masonry, or stucco. However, metal siding will be allowed within the business park and on all sides not facing Route 11. 4 The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the applicant 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: ��R'4 Gary Rodney Oates Commonwealth of Virginia, Cit Count of P 1 (X To Wit: My Commission Expires Serf 20 a6 /1 Date The foregoing instrument was acknowledged before me this /day of ma rC/ 2007 By C.hris4 Durbin 5 Notary Public CED4R HILL RO4D EXIT 321 EXHIBIT 8 refet^ASi GRAPHIC SCALE Rezoning: RZ 18 -06 Property: Area: 8.835 acres Tax Parcel 33- (A) -124A Record Owner: SilverWolfe, LLC Applicant: GreyWolfe, Inc. Gary R. Oates, LS -B, PE Project Name: Woodside Commercial Center Original Date of Proffers: June 13, 2006 Revised Date Proffers: November 9, 2006 January 3, 2007 January 12, 2007 January 26, 2007 Magisterial District: Stonewall 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 offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #18 -06 for rezoning of 8.835 -acres from the RA District to Industrial Transitional (B -3) 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 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 he deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to SilverWolfe, LLC, from Douglas L. Brill Bonnie R. Brill as recorded in the Frederick County Circuit Court Clerk's Office as instrument #060018520 dated September 29, 2006. 1 Proffers: 1. Transportation a. Access i. Access to this property from Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. The final location will be subject to VDOT review and approval once a site plan is submitted. ii. Access to this property from Woodside Road (Route 671) shall be limited to a maximum of two commercial entrances. The final locations will be subject to VDOT review and approval once site plans are submitted. Turn lanes and tapers for these entrances will be built as required by VDOT. b. Additional Lanes i. The applicant hereby proffers to construct a 12' lane onto Martinsburg Pike, Route 11, along the site road frontage. This +1 -650' long lane will be built to VDOT requirements. This will be built prior to receiving any final occupancy permits on site. ii. The applicant hereby proffers to dedicate an additional 10' strip of land to the Commonwealth of Virginia and to pave a 12' lane along the entire frontage of Woodside Road, Route 671, when the traffic count from this project reaches or exceeds 2,815 trips per day or upon request by Frederick County. c. Interparcel connections i. Upon construction of a state approved entrance onto Martinsburg Pike, Route 11, the applicant hereby proffers to designate one inter parcel connection along the southern boundary. d. Right of Way and Easement Dedication i. The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) Right of Way. The applicant also proffers to the Commonwealth of Virginia a strip of land twenty -five (25') in width from the centerline of Woodside Road (Route 671) along the entire frontage of the property. These dedications will take place prior to site plan approval. 2 ii. The applicant hereby proffers a 20' drainage, pedestrian, and utility easement along the frontage of Martinsburg Pike, Route 11, to Frederick County. The applicant will retain the right to place the proffered split rail fence (see item 7 -A) and monument sign (see item 7 -D) within this easement. e. Monetary Contributions for Road Improvements in recognition of off -site transportation impacts i. The applicant hereby proffers $100 per "Average Vehicle Trip Ends on a Weekday as defined by the current edition of the Institute of Transportation Engineers Trip Generation Handbook at the time of development, generated by the Woodside Commercial Center for road improvements and right of way acquisition in the Clear Brook area. The trip generation data will be submitted to the Virginia Department of Transportation and the Frederick County Planning Department for review with each site plan submission. The proffer shall be paid to the Treasurer of Frederick prior to final site plan approval. This site may have multiple site plans and each shall pay accordingly prior to their site plan approval by Frederick County. 2. Fire Rescue Monetary Contributions a. The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, 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 applicant hereby proffers that the combined building floor area for the following high- traffic uses of retail, restaurant, and indoor entertainment shall not exceed a combined total of 75,000 square feet. All other uses allowed in B -3 such as general office and storage will not be limited. 4. The applicant hereby proffers that the following uses shall be prohibited on the property: a. "Truck Stops- Retail" as defined in SIC 5541. Excluding Truck Stops, all other uses within SIC Code 5541 are included and acceptable. b. SIC 45 "Transportation by Air" c. SIC 4741 "Rental of Railroad Cars" d. SIC 5271 "Mobile Home Dealers" e. SIC 7833 "Drive -In Motion Pictures" 3 5. The applicant hereby proffers the following conditions to "Automobile Service Stations Retail" as defined in SIC 5541 "Gasoline Service Stations a. Only one business will be allowed to have retail fuel pumps. b. The total number of pumps will be limited to twelve or fewer. c. Diesel fuel will be restricted to two pumps or fewer and must be located with other pumps. Diesel fuel sales to "over- the -road trucks" will be prohibited. 6. The applicant hereby proffers to install an additional row of evergreen trees for a total of four rows in all areas required to have a "full screen zoning buffer" per the Frederick County Zoning Ordinance at the time of site plan approvals. 7. Corridor Enhancements to be completed by prior to the first occupancy permit. a. The applicant will construct a split rail fence along the road frontage. b. The applicant will not allow any parking spaces or outdoor storage to be constructed within 50' of Route 11. Any required fire lanes within this area will be grass paved. c. The applicant will erect a single monument style sign, not to exceed twelve (12') in height, with the park's name and list of tenants. This monument sign will not exceed twelve (12') in height or one hundred (100 sf) square in area. The applicant will not install any freestanding signs between the buildings and Route 11 other than this one monument sign. d. The applicant will restrict each business facing Route 11 to a sign not to exceed eight square feet mounted on the building. This applies to individual businesses and not the entire building. e. The applicant will require each building facade along Route 11 to be constructed of wood, vinyl, glass, masonry, or stucco. However, metal siding will be allowed within the business park and on all sides not facing Route 11. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the applicant 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: Commonwealth of Virginia, Cit County f WeritcnO6 To Wit: 2 5 -70O) Date The foregoing instrument was acknowledged before me this 9 day of \l 2007 BY a Da Notary ublic My Commission Expires \Aft 3 a il c' 5 Rezoning: RZ 0_ -06 Property: Area: 8.835 acres Tax Parcel 33- (A) -124A Record Owner: SilverWolfe, LLC Applicant: GreyWolfe, Inc. Gary R. Oates, LS -B, PE Project Name: Woodside Commercial Center Original Date of Proffers: June 13, 2006 Revised Date Proffers: November 9, 2006 Magisterial District: Stonewall 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 offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #0 -06 for rezoning of 8.835 -acres from the RA District to Industrial Transitional (B -3) 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 temps and conditions may be subsequently amended or revised by the applicant 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 have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to SilverWolfe, LLC, from Douglas L. Brill Bonnie R. Brill as recorded in the Frederick County Circuit Court Clerk's Office as instrument #060018520 dated September 29, 2006. Proffers: 1. Transportation a. Access i. Access to this property from Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. The final location will be subject to VDOT review and approval once a site plan is submitted. ii. Access to this property from Woodside Road (Route 671) shall be limited to a maximum of two commercial entrances. The final locations will be subject to VDOT review and approval once site plans are submitted. b. Additional Lane Route 11 i. The applicant hereby proffers to construct a 12' lane onto Route 11 along the site road frontage. This +1 -650' long lane will be built to VDOT requirements. This will be built prior to receiving any final occupancy permits on site. c. Road paving Route 671 i. The applicant hereby proffers to pave Route 671 from Route 11 along the road frontage of this parcel of approximately 650'. The final typical section including width pavement section will be subject to VDOT review and approval once site plans are submitted. This will be built prior to receiving any final occupancy permits on site. d. Interparcel connections i. The applicant hereby proffers one interparcel connection along the southern boundary. This connection will be shown on the Master Development Plan. e. Right of Way Dedication i. The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) Right of Way. The applicant also proffers to the Commonwealth of Virginia a strip of land twenty -five (25') in width from the centerline of Woodside Road (Route 671) along the entire frontage of the property. These dedications will take place prior to site plan approval. NOT CURRENT f Monetary Contributions for Road Improvements i. The applicant hereby proffers $100 per "Average Vehicle Trip Ends on a Weekday as defined by the Institute of Transportation Engineers Trip Generation Handbook 7 edition, generated by the Woodside Commercial Center for road improvements and right of way acquisition in Route 11 and Route 672 corridors in Clear Brook area. The trip generation data will be submitted to the Virginia Department of Transportation and the Frederick County Planning Department for review with each site plan submission. The proffer shall be paid to the Treasurer of Frederick prior to final site plan approval. This site may have multiple site plans and each shall pay accordingly prior to their site plan approval by Frederick County. 2. Monetary Contributions Fire Rescue a. The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, $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 applicant hereby proffers that the combined building floor area on this site shall not to exceed 75,000 square feet. 4. The applicant hereby proffers that the following uses shall be prohibited on the property: a. "Truck Stops-Retail" as defined in SIC 5541 "Gasoline Service Stations" b. SIC 4741— "Rental of Railroad Cars" c. SIC 5271 "Mobile Home Dealers" 5. The applicant hereby proffers to limit the total number of pumps to twelve or less for "Automobile Service Stations Retail" as defined in SIC 5541 "Gasoline Service Stations 6. The applicant hereby proffers to limit the total building square footage for SIC 79 "Amusement and recreational services operated indoors" to a combined total 10,000 square feet or less. 7. The applicant hereby proffers a "Full Screen" buffer, as defined by the Frederick County Zoning Ordinance to be placed along neighboring parcels zoned RA with a residential use at the time of site plan approval. An additional row of evergreens trees for a total of four rows to be placed along neighboring parcels to the east and south zoned RA with a residential use at the time of site plan approval. NOT OU R N' 8. The applicant hereby proffers the following corridor enhancements along the road C frontage of Route 11, Martinsburg Pike: a. The applicant will construct a split rail fence along the road frontage. b. The applicant will install a landscape buffer along Route 11 in areas where a rural residential use occurs across this road. c. The applicant will not allow any parking lots, outdoor storage, or driving lanes to be constructed between the buildings and Route 11. This applies only to the buildings nearest to Route 11 and not inside the park. Any required fire lanes within this area will be grass paved. d. The applicant will erect a single monument style sign, not to exceed twelve (12') in height, with the park's name and list of tenants. This monument sign will not exceed twelve (12') in height or one hundred (100 sf) square in area. The applicant will not install any freestanding signs between the buildings and Route 11 other than this one monument sign. e. The applicant will restrict each business facing Route 11 to a sign mounted on the building not to exceed eight square feet. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the applicant 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: ij Gary R. b ates d a aryK. Oates Commonwealth of Virginia, y -o& Date f ef To Wit: The foregoing instrument was acknowledged before me thisg of By p1 \a��l�- lee IU' u 3D d(\D Notary Pa My Commission Expires 1\)()' 2006 is T