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HomeMy WebLinkAbout05-07 Proffer StatementI AMENDMENT Action: PLANNING COMMISSION: August 1, 2007 - Recommended Approval BOARD OF SUPERVISORS: August 22, 2007 1@ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05 -07 OF ADMIRAL BYRD CENTER WHEREAS, Rezoning #05 -07 of Admiral Byrd Center, submitted by Stowe Engineering, PLC, to rezone 11.4 acres from Ml (Light Industrial) District to B2 (General Business) District, with proffers, for office and retail uses, was considered. The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building in the Shawnee Magisterial District, and is identified by Property Identification Number 64 -A -401. WHEREAS, the Planning Commission held a public hearing on this rezoning on June 6, 2006, and recommended approval at a public meeting on August 1, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 22,2007; 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 11.4 acres from Ml (Light Industrial) District to B2 (General Business) District, for office and retail uses, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes440 -07 This ordinance shall be in effect on the date of adoption. Passed this 22nd day of August, 2007 by the following recorded vote: Richard C. Shickle, Chairman Nay Barbara E. Van Osten Aye Gary W. Dove Nay Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST W �X -I Jot iley, JA Fred County Administrator PDRes #40 -07 0 Ju 4, 20 0 7 7 June 4, 2007 July 8, 2007 August 6, 2007 Admiral Byrd Center Proffer Statement REZONING: RZ# ©�- 07 M -1 TO B -2 PROPERTY: 11.4 Acres + /- a portion of the total parcel Total Parcel 23.4059 Acres Tax Parcels 64 -A-40I RECORD Michael J. Bermel OWNER: Ad.u.1 Byrd Center Retuning APPLICANT: Michael J. Bermel (hereinafter referred to as Applicant) PROJECT NAME: Admiral Byrd Center ORIGINAL PROFFER DATE: REVISION DATES: Preliminary Matters April 30, 2007 August 6, 2007 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, Michael J. Bermel (the Applicant) as the owner of the land parcel identified as 64- A -40I, identified on the attached Zoning Plat Map prepared by Urban Engineering dated November 2005, containing 23.5 + /- acres for which Page 1 of 6 rezoning has been requested for 11.4 + /- acres (the Site) on behalf of himself and his successors in interest, does hereby voluntarily proffer that in the event that if 11.4 +/- acres of the property is rezoned by the Board of Supervisors of Frederick County, Virginia, to B -2 Business — General District, development of the site shall be in conformity with the conditions set forth in this proffer statement. These proffered conditions are the only conditions offered for this rezoning and any prior conditions applicable to the Site are hereby declared null and void and shall have no force and effect upon the development of the Site at such time as the County approves this zoning map amendment petition, except that such terms 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 binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon applicants and their successors and assigns. Transportation Enhancements 1. Airport Road The Applicant hereby proffers to dedicated right of way for and construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway and adjacent to the Site. These improvements will extend from the western intersection of Admiral Byrd Drive with Airport Road, to the eastern intersection of Admiral Byrd Drive with Airport Road, and will generally consist of construction of a continuous right turn lane with curb and gutter, and sidewalk along Airport Road. 2. Victory Drive — Millwood Pike (Rte 50) intersection The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Victory Drive and Millwood Pike (Route 50). The cost basis of this signalization agreement shall be determined by VDOT based on Page 2 of 6 April 30, 2007 Admiral Byrd Center Rewnmg June 4, 2007 July 8, 2007 August 6, 2007 rezoning has been requested for 11.4 + /- acres (the Site) on behalf of himself and his successors in interest, does hereby voluntarily proffer that in the event that if 11.4 +/- acres of the property is rezoned by the Board of Supervisors of Frederick County, Virginia, to B -2 Business — General District, development of the site shall be in conformity with the conditions set forth in this proffer statement. These proffered conditions are the only conditions offered for this rezoning and any prior conditions applicable to the Site are hereby declared null and void and shall have no force and effect upon the development of the Site at such time as the County approves this zoning map amendment petition, except that such terms 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 binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon applicants and their successors and assigns. Transportation Enhancements 1. Airport Road The Applicant hereby proffers to dedicated right of way for and construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway and adjacent to the Site. These improvements will extend from the western intersection of Admiral Byrd Drive with Airport Road, to the eastern intersection of Admiral Byrd Drive with Airport Road, and will generally consist of construction of a continuous right turn lane with curb and gutter, and sidewalk along Airport Road. 2. Victory Drive — Millwood Pike (Rte 50) intersection The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Victory Drive and Millwood Pike (Route 50). The cost basis of this signalization agreement shall be determined by VDOT based on Page 2 of 6 ® Ap6130, 2007 Admiral 137Td Center Rezoning June 4, 2007 July 8, 2007 August 6, 2007 traffic studies prepared for projects impacting the intersection, with said traffic signal installed at such time as warranted based on studies by VDOT. Design Standards 1. The Applicant hereby proffers to utilize compatible construction materials and themes for all commercial construction on the Site. The principal construction materials shall be from among those permitted in the "Protective Covenants of Airport Business Center" which is on record in the Frederick County land records in Deed Book 693 Page 434 and which pertains to the subject parcel, and shall be further limited to brick, architectural block or stone, stucco or simulated stucco, wood, or glass. Roofing material visible adjacent streets will be standing seam metal or architectural shingles. These construction materials shall be utilized on all building walls and rooflines which face public streets (north, east and west sides). 2. The applicant proffers that the buildings will be up to four stories tall, and that any canopies or drive - through areas will not front on Airport Road. The applicant hereby proffers that no more than 23,000 square feet of gross floor area will be utilized by a single retail entity, and that the retail uses will be located on the first floor of all buildings. 4. Walkways /sidewalks will be provided adjacent to public streets and on site to facilitate pedestrian movements internal to the Site. Provisions for future extensions of walkways /sidewalks to points outside of the site will be provided. All walkways on the site will be a minimum of 5' in width. 5. Freestanding signs constructed on the site will be monument type design. Signs adjacent to and visible from public right of ways will be limited to one sign at each entrance for the site. 6. Outdoor advertising flags and banners will be prohibited. Page 3 of 6 April 30, 2007 Admiral Byrd Cenler Remuivg June 4,2007 July 8, 2007 August 6, 2007 Commercial Land Use L The applicant hereby proffers to prohibit the following land uses within the B -2 area of the property: 2. The applicant hereby proffers that no more than 40% of the gross floor area on the site will be retail uses. Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event this rezoning application is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia $5000.00 to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue. This monetary contribution shall be provided to the Frederick County Treasurer at the time of the building permit issuance for the first building in the Admiral Byrd Center project. Page 4 of 6 USE SIC a. Drive -In Theater 7833 b. Supermarkets 5411 except convenience food stores - retail C. Electric and gas utility transmission and distribution facilities 4911, 4923 d. Golf driving ranges and miniature olf courses 7999 e. Electrical supply sales wholesale 4911 f Commercial outdoor batting cages 7999 g. Adult retail h. Religious Organizations 8661 i. Funeral homes 7261 j. Retail nurseries 5261 k. Drinking Places (alcoholic Beverages) 5813 2. The applicant hereby proffers that no more than 40% of the gross floor area on the site will be retail uses. Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event this rezoning application is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia $5000.00 to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue. This monetary contribution shall be provided to the Frederick County Treasurer at the time of the building permit issuance for the first building in the Admiral Byrd Center project. Page 4 of 6 April 30, 2007 Admiral Byrd Center Remnmg June 4, 2007 July 8, 2007 August 6, 2007 General Development Plan The applicant proffers to develop the subject property in substantial conformity with the attached proffered Generalized Development Plan (GDP) prepared by Stowe Engineering, PLC dated July 8, 2007. The GDP is recognized to be a conceptual plan and may be refined by the applicant to accommodate final design and engineering constraints without the need for reapproval by the Board of Supervisors. 2. The GDP shall identify no more than three access points to be made from public streets to access the B -2 area. 3. The GDP provides for an area of enhanced landscaping along Airport Road, consisting of a 25' wide landscaping buffer adjacent to the Airport Road right of way. In this buffer a 36" high meandering earthen berm will be provided with plantings consisting of no less than 20 shrubs and /or trees per 50 feet of berm. The plantings will be placed as nodes and/or linear plant configurations to provide the desired aesthetic benefits. Page 5 of 6 April 30, 2007 Admiral Byrd Center Rezoning June 4, 2007 July 8, 2007 August 6, 2007 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_ !l�?� Date: Michael J. Be State of Virginia City /County of To Wit: The fore oing m ment wp ,aFlcn ng befp{e t 2 � day of by Notary Public My Commission expires KATHERINE A. GOMEZ Notary Public Commonwealth of Virginia 4048479 Commission Expires May 31 Page 6 of 6 � a V z ! � • _nib � 4 .... B -2 Rezoning Area Primary Puking bchfnd and be.u�e buildings i .. D t7 ce Lr) W an W � N z u0 L j Z a >'Ln Ljj W Y V 3' "� rn 0 L "' C) �® V~]NV)iLr) u Y _ •rg �" Cross Section of Enhanced Landscaping Area ♦ ��.. �< not to scale 3y 4 _ r ` ` A D t7 ce Lr) W an W � N z u0 L j Z a >'Ln Ljj W Y V 3' "� rn 0 L "' C) �® V~]NV)iLr) August 9. 2007 — ;— Mr. Michael T. Ruddy, AICP f AUG - - 9 2007 - Frederick County Planning Department] 107 North Kent Street Winchester, VA 22601 RE: Admiral Byrd Center Rezoning - t Dear Mr. Ruddy: j Please find attached twenty- six - copies of the application package, for the eferenced project: "The proffer statement has been revised to incorporate those matiers!agreed to with.the Planning Commission. Should you need any additional information, feel free to contact me. - N Sincerely, STOWEENGINEERING, PLC Timothy S. Stowe. PE, LS President enclosures 220 Serviceberry Court_ • Stephens City; Virginia 22655 • ( 540) 336.0656 fax: (540) 869.6984. - - email: timstowe @stowecompanies.com _ April 30, 2007 . June 4, 2007 Admiral Byrd Center Proffer Statement REZONING: RZ# OS- O `- PROPERTY: 11.4 Acres + /- a portion of the total parcel Total Parcel 23.4059 Acres Tax Parcels 64 -A -40I RECORD Michael J. Bermel OWNER: Admiral Byrd Center Rezoning APPLICANT: Michael J. Bermel (hereinafter referred to as Applicant) PROJECT NAME: Admiral Byrd Center ORIGINAL April 30, 2007 PROFFER DATE: REVISION ( June 4, 2007 DATES: 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, Michael J. Bermel (the Applicant) as the owner of the land parcel identified as 64- A -40I, identified on the attached Zoning Plat Map prepared Pagel of 5 April 30, 2007 Admiral Byrd Center Rezo • June 4, 2007 • by Urban Engineering dated November 2005, containing 23.5 + /- acres for which rezoning has been requested for 11.4 + /- acres (the Property) on behalf of himself and his successors in interest, does hereby voluntarily proffer that in the event that if 11.4 +/- acres of the property is rezoned by the Board of Supervisors of Frederick County, Virginia, to B -2 Business — General District, development of the property shall be in conformity with the conditions set forth in this proffer statement. These proffered conditions are the only conditions offered for this rezoning and any prior conditions applicable to the Property are hereby declared null and void and shall have no force and effect upon the development of the Property at such time as the County approves this zoning map amendment petition, except that such terms 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. Transportation Enhancements 1. Airport Road The Applicant hereby proffers to dedicated right of way for and construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway and adjacent to the property. These improvements will extend from the western intersection of Admiral Byrd Drive with Airport Road, to the eastern intersection of Admiral Byrd Drive with Airport Road, and will generally consist of construction of a continuous right turn lane with curb and gutter along Airport Road. Page 2 of 5 April 30, 2007 Admiral Byrd Cerder Rezoning June 4, 2007 0 2. Victory Drive — Millwood Pike (Rte 50) intersection The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Victory Drive and Millwood Pike (Route 50). The cost basis of this signalization agreement shall be determined by VDOT based on traffic studies prepared for projects impacting the intersection, with said traffic signal installed at such time as warranted based on studies by VDOT. Commercial Land Use 1. The Applicant hereby proffers to utilize similar construction materials and similar development themes for all commercial development within the Admiral Byrd Center. The principal construction materials shall be limited to brick, architectural block or stone, dryvit or other simulated stucco, wood, glass, standing seam metal or architectural shingles. These construction materials shall be utilized on all building walls and rooflines which face public streets 2. The applicant hereby proffers to that no less than 60% of the land uses in the B -2 area will be uses allowed in the M -1 area. 3. The applicant hereby proffers to prohibit the following land uses within the B -2 area of the property: a. Drive -In Theater b. Supermarkets c. Exterior boarding kennels d. Electric, gas and other utility transmission and distribution facilities e. Golf driving ranges and miniature golf courses f Electrical supplies (wholesale) g. Hardware, plumbing and heating equipment (wholesale) h. Commercial outdoor batting cages i. Adult retail Page 3 of 5 April 30, 2007 Admiral Byrd Center Rezoning • June 4, 2007 • j. All land uses within the B -3, Industrial Transition District, and M -1 , Light Industrial District, that are not otherwise permitted in the B -2, Business General District land use. k. Churches 1. Funeral homes m. Retail nurseries n. Paint stores Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event this rezoning application is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia $5000.00 to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue. This monetary contribution shall be provided to the Frederick County Treasurer at the time of the building permit issuance for the first building in the Admiral Byrd Center project. General Development Plan Should the Board of Supervisors of Frederick County, Virginia approve this rezoning application, development of the subject property shall be done in conformity with the attached voluntarily proffered Generalized Development Plan including the following provisions: 1. No more than three access points will be made to public streets to access the B -2 area. 2. Enhanced landscaping will be provided along Airport Road, exceeding the requirements of the zoning ordinance, to improve the corridor appearance. 3. Walkways /sidewalks will be provided on the site to facilitate pedestrian movements internal to the property. Provisions for future extensions to points outside off the property will be made. Page 4 of 5 April 30, 2007 Admiral Byrd Center Rezoning • June 4, 2007 • 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, IC 4 i 1 Date: 6X A Michael J. Berm State of Virginia City /County of ;�s�ti t� '�7�r, To Wit: The foregoing instrument of — jj � e_ 20_9_ by _ me this day N Public My Commission expires —( J 30 ZO 1 C7 Page 5 of 5 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy, A1CP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 MAY 2 4 2007 PLEASE REPLY TO P. 0. BOX 848 WINCHESTER, VIRGINIA 22604 -0848 Re: Admiral Byrd Center (Bermel) Proffer Statement Dear Mike: I have reviewed the above - referenced Proffer Statement dated February 5, 2007. It is my opinion that the Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. In the "REZONING" heading on the first page, the requested rezoning should be stated (M -1 to B -2). 2. The staff should determine whether Paragraph I (Airport Road) of the Transportation Enhancements proffers constitutes a satisfactory proffer and whether the improvements to be made are sufficiently detailed. 3. In Paragraph 1 of Commercial Land Use proffers, the staff should determine whether the proposed construction materials are satisfactory. Also, it should be clarified what is meant by walls and rooflines "which face public streets ", considering that the total .tract is bordered by public streets. A PARTNERSHIP OF PROFES AONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892 - 1972) 9 S 301 EAST MARKET STREET 9 EAST BOECAWEN STREET THOMAS V. MONAHAN (1924 -1999) SAMUEL D. ENGLE LEESBURG. VIRGINIA WINCHESTER, VIRGINIA 0. LELAND MAHAN TELEPHONE 703 777 1050 TELEPHONE 540- 662 -3200 ROBERT T. MITCHELL, JR. F" 540 -662 -4304 JAMES A. KLENKAR E -MAIL lawyers @hallmonahan.com STEVEN F. JACKSON May 23, 2007 DENNIS J. MCLOUGHLIN, JR. Michael T. Ruddy, A1CP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 MAY 2 4 2007 PLEASE REPLY TO P. 0. BOX 848 WINCHESTER, VIRGINIA 22604 -0848 Re: Admiral Byrd Center (Bermel) Proffer Statement Dear Mike: I have reviewed the above - referenced Proffer Statement dated February 5, 2007. It is my opinion that the Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. In the "REZONING" heading on the first page, the requested rezoning should be stated (M -1 to B -2). 2. The staff should determine whether Paragraph I (Airport Road) of the Transportation Enhancements proffers constitutes a satisfactory proffer and whether the improvements to be made are sufficiently detailed. 3. In Paragraph 1 of Commercial Land Use proffers, the staff should determine whether the proposed construction materials are satisfactory. Also, it should be clarified what is meant by walls and rooflines "which face public streets ", considering that the total .tract is bordered by public streets. 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy May 23, 2007 Page 2 4. Paragraph 2 of the Commercial Land Use proffers makes reference to a Generalized Development Plan for the Airport Business Center. It would appear that this property is to be developed in accordance with that GDP. If so, there should be a separate proffer that the property will be developed in conformity with the Generalized Development Plan for the Airport Business Center. In any event, it should be noted that there is no proffer which commits to a general development plan for the property. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing comments, please contact me. Very truly yours, i Robert T. Mitchell, Jr. RTM /ks June 5, 2007 Mr. Michael T. Ruddy, AICP Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 RE: Admiral Byrd Center Rezoning Dear Mr. Ruddy: Please find enclosed the revised proffer statement for the referenced project. The proffer statement has been revised to incorporate technical corrections suggested by Mr. Robert Mitchell as a result of his legal review. I am also enclosing a CD ROM containing Power Point slides of the Master Development Plan and other maps I may wish to use during the presentation to Planning Commission. Thank you for loading these into the presentation. Should you need any additional information, feel free to contact me. Sincerely, ST,OWE PILC � A Timothy S. Stowe, PE, LS - President enclosures J U IN 5 1 220 Serviceberry Court • Stephens City, Virginia 22655 • (540) 336.0656 • fax: (540) 869.6984 email: timstowe @stowecompanies.com April 30, 2007 June 4, 2007 • July 8, 2007 - Admiral Byrd Center Proffer Statement REZONING: RZ# M -1 TO B -2 PROPERTY: 11.4 Acres + /- a portion of the total parcel Total Parcel 23.4059 Acres Tax Parcels 64 -A-40I RECORD Michael J. Bermel OWNER: Admiral Byrd Cemmr Remning APPLICANT: Michael J. Bermel (hereinafter referred to as Applicant) PROJECT NAME: Admiral Byrd Center ORIGINAL PROFFER DATE: REVISION DATES: Preliminary Matters April 30, 2007 July 8, 2007 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, Michael J. Bermel (the Applicant) as the owner of the land parcel identified as 64- A -40I, identified on the attached Zoning Plat Map prepared by Urban Engineering dated November 2005, containing 23.5 + /- acres for which Page 1 of 6 April 30, 2007 • Admiral Byrd Center Rezoning June 4, 2007 July 8, 2007 rezoning has been requested for 11.4 + /- acres (the Site) on behalf of himself and his successors in interest, does hereby voluntarily proffer that in the event that if 11.4 +/- acres of the property is rezoned by the Board of Supervisors of Frederick County, Virginia, to B -2 Business — General District, development of the site shall be in conformity with the conditions set forth in this proffer statement. These proffered conditions are the only conditions offered for this rezoning and any prior conditions applicable to the Site are hereby declared null and void and shall have no force and effect upon the development of the Site at such time as the County approves this zoning map amendment petition, except that such terms 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 binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon applicants and their successors and assigns. Transportation Enhancements 1. Airport Road The Applicant hereby proffers to dedicated right of way for and construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway and adjacent to the Site. These improvements will extend from the western intersection of Admiral Byrd Drive with Airport Road, to the eastern intersection of Admiral Byrd Drive with Airport Road, and will generally consist of construction of a continuous right turn lane with curb and gutter, and sidewalk along Airport Road. 2. Victory Drive — Millwood Pike (Rte 50) intersection The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Victory Drive and Millwood Pike (Route 50). The cost basis of this signalization agreement shall be determined by VDOT based on Page 2 of 6 April 30, 2007 • Admiml Byrd Center Remning June 4, 2007 July 8, 2007 traffic studies prepared for projects impacting the intersection, with said traffic signal installed at such time as warranted based on studies by VDOT. Design Standards 1. The Applicant hereby proffers to utilize compatible construction materials and themes for all commercial construction on the Site. The principal construction materials shall be from among those permitted in the "Protective Covenants of Airport Business Center" which is on record in the Frederick County land records in Deed Book 693 Page 434 and which pertains to the subject parcel, and shall be further limited to brick, architectural block or stone, stucco or simulated stucco, wood, or glass. Roofing material visible adjacent streets will be standing seam metal or architectural shingles. These construction materials shall be utilized on all building walls and rooflines which face public streets (north, east and west sides). 2, The applicant proffers that the buildings will be up to four stories tall, and that any canopies or drive - through areas will not front on Airport Road. 3. The applicant hereby proffers that no more than 23,000 square feet of gross floor area will be utilized by a single retail entity, and that the retail uses will be located on the first floor of all buildings. 4. Walkways /sidewalks will be provided adjacent to public streets and on site to facilitate pedestrian movements internal to the Site. Provisions for future extensions of walkways /sidewalks to points outside of the site will be provided. All walkways on the site will be a minimum of 5' in width. 5. Freestanding signs constructed on the site will be monument type design. Signs adjacent to and visible from public right of ways will be limited to one sign at each entrance for the site. 6. Outdoor advertising flags or banners will be prohibited except for grand openings and special events for up to 30 days. Page 3 of 6 ® April 30, 2007 . Admiml Byrd Center Rezoning June 4, 2007 July 8, 2007 Commercial Land Use The applicant hereby proffers to prohibit the following land uses within the B -2 area of the property: 2. The applicant hereby proffers that no more than 40% of the gross floor area on the site will be retail uses. Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event this rezoning application is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia $5000.00 to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue. This monetary contribution shall be provided to the Frederick County Treasurer at the time of the building permit issuance for the first building in the Admiral Byrd Center project. Page 4 of 6 USE SIC a. Drive -In Theater 7833 b. Supermarkets 5411 except convenience food stores- retail C. Electric and gas utility transmission and distribution facilities 4911, 4923 d. Golf driving ranges and miniature g olf courses 7999 e. Electrical supply sales wholesale 4911 f Commercial outdoor batting cages 7999 g. Adult retail h. Religious Organizations 8661 i. Funeral homes 7261 Retail nurseries 5261 k. Drinking Places (alcoholic Beverages) 5813 2. The applicant hereby proffers that no more than 40% of the gross floor area on the site will be retail uses. Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event this rezoning application is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia $5000.00 to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue. This monetary contribution shall be provided to the Frederick County Treasurer at the time of the building permit issuance for the first building in the Admiral Byrd Center project. Page 4 of 6 April 30, 2007 • Admiral Byrd Center Rezoning June 4, 2007 July 8, 2007 General Development Plan 1. The applicant proffers to develop the subject property in substantial conformity with the attached proffered Generalized Development Plan (GDP) prepared by Stowe Engineering, PLC dated July 8, 2007. The GDP is recognized to be a conceptual plan and may be refined by the applicant to accommodate final design and engineering constraints without the need for reapproval by the Board of Supervisors. 2. The GDP shall identify no more than three access points to be made from public streets to access the B -2 area. 3. The GDP provides for an area of enhanced landscaping along Airport Road, consisting of a 25' wide landscaping buffer adjacent to the Airport Road right of way. In this buffer a 36" high meandering earthen berm will be provided with plantings consisting of no less than 20 shrubs and/or trees per 50 feet of berm. The plantings will be placed as nodes and/or linear plant configurations to provide the desired aesthetic benefits. Page 5 of 6 ® April 30, 2007 June 4, 2007 July 8, 2007 Signatures Admiral Byrd Center Rezoning 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, B J Date: �o � Michael J. Be," State of Virginia City /County of Y To Wit: 1 P-- The foregoing instrument was acknowledged before me this day of 53 0 �-{ 2007 by n Notary blic k My Commission expires C, 3 1 cSY `1 ;, - -t4 .35-58 i Page 6 of 6 — July 7, 2007 Mr. Michael T. Ruddy, AICP Frederick County Planning Department - - 107 North Kent Street Winchester, VA 22601 - RE: Admiral Byrd Center Rezoning __.. Dear Mn Ruddy: Please find attached forty -five copies of the revised proffer statement for the referenced project. The proffer"statement has been revised-to incorporate those'matters identified by. the Planning Commission. Should you need any additional information, feel free to contact me. Sincerely, STOWE ENGINEERING, PLC imothy S. Stowe, PE, LS President enclosures 220 Serviceberry Court • Stephens City, Virginia 22655 • (540) 336.065 • fax: (540) 869.6984 email: timstowe @stowecompanies.com _ -- 0 0 0 •1 A Z' CL iT 0 0 3 3 as Egg I A , sl all " I ' M ' \ \51 11 I 'FENERALIZED DEVELOPMENT PLAN Admiral Byrd Center Frederick County, VA Scale: F'= 200' April 30, 2007 STOWE ENGINEERING, PLC 220 Serviceberry Court Stephens City, VA 22655 540.336.0656 : it 'FENERALIZED DEVELOPMENT PLAN Admiral Byrd Center Frederick County, VA Scale: F'= 200' April 30, 2007 STOWE ENGINEERING, PLC 220 Serviceberry Court Stephens City, VA 22655 540.336.0656 0 April 30, 2007 0 Admiral Byrd Cmter Re o ning Admiral Byrd Center Proffer Statement REZONING: RZ# PROPERTY: 11.4 Acres + /- a portion of the total parcel Total Parcel 23.4059 Acres Tax Parcels 64 -A -401 RECORD Michael J. Bermel OWNER: APPLICANT: Michael J. Bermel (hereinafter referred to as Applicant) PROJECT NAME: Admiral Byrd Center ORIGINAL PROFFER DATE: REVISION DATES: Preliminary Matters April 30, 2007 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, Michael J. Bermel (the Applicant) as the owner of the land parcel identified as 64- A -40I, identified on the attached Zoning Plat Map prepared Page 1 of 5 • April 30, 2007 • Admiral Byrd Center Rezoning by Urban Engineering dated November 2005, containing 23.5 + /- acres for which rezoning has been requested for 11.4 + /- acres (the Property) on behalf of himself and his successors in interest, does hereby voluntarily proffer that in the event that if 11.4 +/- acres of the property is rezoned by the Board of Supervisors of Frederick County, Virginia, to B -2 Business — General District, development of the property shall be in conformity with the conditions set forth in this proffer statement. These proffered conditions are the only conditions offered for this rezoning and any prior conditions applicable to the Property are hereby declared null and void and shall have no force and effect upon the development of the Property at such time as the County approves this zoning map amendment petition, except that such terms 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. Transportation Enhancements 1. Airport Road The Applicant hereby proffers to dedicated right of way for and construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway and adjacent to the property. These improvements will extend from the western intersection of Admiral Byrd Drive with Airport Road, to the eastern intersection of Admiral Byrd Drive with Airport Road, and will generally consist of construction of a continuous right turn lane with curb and gutter along Airport Road. Page 2 of 5 • April 30, 2007 • Admiral Byrd Cent" Rezoning 2. Victory Drive — Millwood Pike (Rte 50) intersection The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Victory Drive and Millwood Pike (Route 50). The cost basis of this signalization agreement shall be determined by VDOT based on traffic studies prepared for projects impacting the intersection, with said traffic signal installed at such time as warranted based on studies by VDOT. Commercial Land Use 1. The Applicant hereby proffers to utilize similar construction materials and similar development themes for all commercial development within the Admiral Byrd Center. The principal construction materials shall be limited to brick, architectural block or stone, dryvit or other simulated stucco, wood, glass, standing seam metal or architectural shingles. These construction materials shall be utilized on all building walls and rooflines which face public streets. 2. The applicant hereby proffers to that no less than 60% of the land uses in the B -2 area will be uses allowed in the M -1 area. 3. The applicant hereby proffers to prohibit the following land uses within the B -2 area of the property: a. Drive -In Theater b. Supermarkets c. Exterior boarding kennels d. Electric, gas and other utility transmission and distribution facilities e. Golf driving ranges and miniature golf courses f Electrical supplies (wholesale) g. Hardware, plumbing and hearing equipment (wholesale) h. Commercial outdoor batting cages i. Adult retail Page 3 of 5 0 April 30, 2007 0 Admial Byrd Center Rezoning j. All land uses within the B -3, Industrial Transition District, and M -1 , Light Industrial District, that are not otherwise permitted in the B -2, Business General District land use. k. Churches 1. Funeral homes m. Retail nurseries n. Paint stores Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event this rezoning application is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia $5000.00 to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue. This monetary contribution shall be provided to the Frederick County Treasurer at the time of the building permit issuance for the first building in the Admiral Byrd Center project. General Development Plan Should the Board of Supervisors of Frederick County, Virginia approve this rezoning application, development of the subject property shall be done in conformity with the attached voluntarily proffered Generalized Development Plan including the following provisions: 1. No more than three access points will be made to public streets to access the B -2 area. 2. Enhanced landscaping will be provided along Airport Road, exceeding the requirements of the zoning ordinance, to improve the corridor appearance. 3. Walkways /sidewalks will be provided on the site to facilitate pedestrian movements internal to the property. Provisions for future extensions to points outside of the property will be made. Page 4 of 5 April 30, 2007 0 Admiral Byrd Cerder Rezoning Sienatures 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: l �lv l Date: Michael J. BeWel State of Virginia City/County of Ft t Fr:V yc To Wit: J, The foregoing instrument was acknowledged before me this 2 day of 1- A f 20 0-7 by " I C H-N t2 S 6 to H C -MyTommission expires No Public Commission Expires August 31, 2004 Page 5 of 5