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Home My WebLink About03-07 Proffer StatementGreenway Engineering Septemher 15, 2006 i Wasy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 Revised May 9. 2007 EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL PROFFER STATEMENT REZONING: RZ #03 -07 Rural Areas District (RA) to Business General District (B2) and Industrial Transition District (133) PROPERTY: 19.02 acres + / -; Tax Parcels #44- ((1)) -B, 44B-((I))-2,44B-((I))-3,44B-((I))-3A, 44B- ((1)) -4, and 44B- ((1)) -6 (here -in after the "Property ") RECORD OWNER: Easy Living Associates, Jacob H. Yost, III, Manager APPLICANT: Easy Living Associates (here -in after the "Applicant ") PROJECT NAME: Easy Living Associates — Rt. l 1 North Commercial ORIGINAL DATE OF PROFFERS: September 15, 2006 REVISION DATE: May 9, 2007 Preliminary Matters 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 #03 -07 for the rezoning of 19.02± -acres from the Rural Areas (RA) District to establish 4.02± - acres of B -2, Business General District and 15.0± -acres of 13-3, Industrial Transition 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 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 In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever.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 Property, more particularly described as the lands owned by Easy Living Associates, being all of Tax Map Parcels 44- ((1)) -B, 44B- ((1)) -2, 44B- ((1)) -3, 44B- ((1)) -3A, 44B- ((1))-4, and 44B- ((1)) -6, and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). File #0633 /EA W Greenway Engineering September 15, 2006 Revised March 21, 2007 Revised April 19, 2007 Revised April 30, 2007 Revised May 9. 2007 A.) Generalized Development Plan 0 1 asy Living Associates Rezoning The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ( "GDP ") prepared by Greenway Engineering dated April 30, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B -2 Zoning District area and the B -3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary commercial street system identified in the B -3 Zoning District area may be reduced without the need of a modified GDP for the Property. B.) Land Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B -2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops Only SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated 2. The Applicant hereby proffers to prohibit the following land uses within the B -3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation by Air Transportation Services Truck Stops Only Automobile Recovery Service Automobile Repossession Service Automotive Repair, Services and Parking Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 5541 SIC 7389 SIC 7389 SIC 75 SIC 7832 SIC 79 File #0633 /EAW 2 Greenway Engineering September 15. 2006 Wasy Living Associates Rezoning Revised March 21, 2007 Revised April 18. 2007 Revised April 30. 2007 Revised May 9. 2007 3. The Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B -2, General Business District and the B -3, Industrial Transition District portions of the Property: B -2, General Business District B -3, Industrial Transition District 30,000 total square feet (5,000 square feet maximum restaurant) 90,000 total square feet C.) Transportation Enhancements 1. The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 11) to provide for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five -foot sidewalk along the southwest side of the primary commercial street system to the private access drive and a five -foot sidewalk along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers to provide for an inter - parcel connection along the southern boundary of tax map parcel 44B- ((1)) -2 as identified on the proffered GDP, that will be identified on the Site Plan on this portion of the Property. The appropriate area for the inter- parcel connection shall be reserved by easement by the Applicant and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12 -foot paved travel lane and shoulder along the entire frontage of the Property that will be constructed in conjunction with the Site Plan in which the average daily traffic volume of the cumulative Site Plans exceeds 500 VPD for the Property. 5. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to fully fund a new traffic signal at the primary public street entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the Pile #0633 /EAW 3 Grcenway Engineering September Li, 2006 Olasy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 Revised May 9, 2007 Property and will be installed when warranted by VDOT. In the event that traffic signalization is not warranted at this intersection during the period of the signalization agreement, the Applicant agrees to allow for the funding set forth in the signalization agreement to be utilized for traffic signalization along the Martinsburg Pike corridor. If traffic signalization is warranted at the subject Property after the transfer of these funds occurs, then the funding to provide traffic signalization at the subject Property shall be provided by VDOT, Frederick County, or other funding sources. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 that may be applied towards right -of -way acquisition, engineering, or construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10 -foot right -of -way to VDOT along the entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This dedication shall occur prior to the first Site Plan approval for the Property. 8. The Applicant hereby proffers a reservation of right -of -way on tax map parcel 44B- ((1)) -6 that is 50 feet in width and located within the defined 50 -foot buffer area as identified between Al and A2 on the proffered GDP. The purpose of this reservation shall be for the construction of a future public street system by others that will provide access to the adjoining parcels along this portion of the Property. The reserved 50 -foot right -of -way shall be dedicated to Frederick County within 90 days of written request by the County. The Applicant shall provide disclosure of this right -of -way reservation and dedication on all plats and property deeds that are impacted by the section of the proffer statement. 9. The Applicant hereby proffers a reservation of right -of -way on tax map parcel 44- ((I)) -B and tax map parcel 44- ((1)) -C, also owned by the Applicant, that is 50 feet in width and located within the area identified between B l and B2 on the proffered GDP. The purpose of this reservation shall be for the construction of a future public street system by others which will replace a portion of the private access drive located on the two identified parcels. The reserved 50 -foot right -of- way shall be dedicated to Frederick County within 90 days of written request by the County. The Applicant shall provide disclosure of this right -of -way reservation and dedication on all plats and property deeds that are impacted by this section of the proffer statement. File #0613 /EAW 4 Greenway Engineering September 15, 2006 Olasy Living Associates Rezoning Revised March 21, 2007 Revised April 18. 2007 Revised April 30. 2007 Revised May 9, 2007 D.) Site Design Controls The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route 11) frontage of the Property that is 20 feel in width and located on the south side of the primary public street entrance adjacent to the 10 -foot right -of -way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated April 30, 2007, which shall include a 10 -foot wide asphalt pedestrian trail, parking lot landscaping on the west side of the pedestrian trail and deciduous flowering trees planted on 40 -foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant hereby proffers to limit business signs to one monument style sign for the land uses on the B -3 District portion of the Property that will be limited to a maximum height of 15 feet and 100 square feet in each message face area, and two monument style signs for the land uses on the B -2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of metal buildings on the B -2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, stone, false stone, split -face block, simulated stucco, wood and glass on three sides of the primary land use structures within this portion of the Property. 4. The Applicant hereby proffers to preserve a 50 -foot strip of the existing vegetation surrounding the north, east and west boundaries of the B -3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees immediately adjacent to the 50 -foot vegetation strip that are a minimum of four feet in height and planted on 10 -foot centers. The 50 -foot vegetation strip will be field located in conjunction with each Site Plan to allow the Planning Department to determine if additional evergreen trees are needed to achieve the function of a full screen. 5. The Applicant hereby proffers to establish a full buffer and screen within the area identified on tax map parcel 44B- ((1)) -6 between the two black dots and labeled as 50' Buffer — See Proffer D5 on the proffered GDP. The full buffer and screen shall contain an opaque element that is six feet in height, 64 evergreen trees that are a minimum of four feet in height at planting, and 32 deciduous trees that are a File #0633 /EAW 5 Greenway Engineering September 15, 2006 Wasy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Revised April 30. 2007 Revised May 9, 2007 minimum two -inch caliper at planting (total of 4 trees per 10 linear feet). This full buffer and screen shall be installed in conjunction with the first Site Plan that is developed within the B -3 District portion of the Property. 6. The Applicant hereby proffers that the screening requirements identified in Sections D(4) and D(5) may be modified upon the construction of a public street by others pursuant to Sections C(8) and C(9) of this Proffer Statement. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. File #0633 /EAW 6 Greenway Engineering 0 F.) Signatures September 15. 2006 Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 Revised May 9, 2007 W asy Living Associates 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 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. Respectfully Submitted: EASY LIVING ASSOCIATES By: I a � acob -H. Yost; III, Iola Commonwealth of Virginia, Date City /Coullty of _ _ _ P i ejeoIGL To Wit: The foregoing instrument was acknowledged before me this I OFlgiay of Mo 20La by jo [4 • Y rte, Marc <se� A ' � X. 33u Q ,� Notary Public My Commission Expires F2.Ur_ Ir�, 2 A File #0633 /EAW 7 0 0 AMENDMENT Action: PLANNING COMMISSION: April 18, 2007 - Recommended Approval BOARD OF SUPERVISORS: May 9, 2007 ID APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03 -07 OF Easy Living Associates WHEREAS, Rezoning #03 -07 of Easy Living Associates, submitted by Greenway Engineering, to rezone 4.02 acres from Ra (Rural Areas) District to B2 (General Business) District, and 15 acres from RA District to B3 (Industrial Transition Business) District with proffers, for commercial uses, was considered. The properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike /Old Charles Town Road (Route 761) intersection, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44 -1 -B, 4413-1 -2, 4413-1 -3, 4413-1 -3A, 4413- 1-4 and 4413-1 -6. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 18,2007; and WHEREAS, the Board.of Supervisors held a public hearing on this rezoning on May 9, 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 4.02 acres from Ra (Rural Areas) District to B2 (General Business) District, and 15 acres from RA District to 133 (Industrial Transition Business) District with proffers, for commercial uses, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owners. PDRes. #30 -07 This ordinance shall be in effect on the date of adoption. Passed this 9th day of May, 2007 by the following recorded vote: Richard C. Shickle, Chairman Nav Barbara E. Van Osten Aye Gary Dove Gene E. Fisher Philip A. Lemieux Aye Bill M. Ewing Aye Aye Charles S. DeHaven, Jr. Aye Aye A COPY ATTEST John R. ley, Jr. Frederick County Administrator PDRcs.#30 -07 o G ib O o o � J O JO B o J a ) 46 ` 00 e L? eo Ao c9� oM \ i O v � r � 4 C a EASY LIVING COMMERCIAL CENTER �Tz E °N GREENWAY ENGI 151 M.0 NW lave y $ GENERALIZED DEVELOPMENT PLAN STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VA « lllvcEe.ter, VLLEWe :2502 iblep5 510-552 -11&5 RAE 510 -m -8525 +�wnw �� _ 5vnajoi 5 -2 ZONING AREA 5' PARKING: LOT LANDSCAPING I0' 5IKE TRAIL 5' GREEN STRIP X/ f2AU DEDICATION,, RTE. II MARTINSSURCs PIKE MARTINSBURG PIKE CORRIDOR ENHANCEMENT EXHIBIT DATE: 4 -30 -07 SCALE: 1"=10' GfREENWA, r ENGINEEfRING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662 -4185 FAX: (540) 722 -9528 Founded tin 1971 www.greenwayeng.com Greenway Engineering September 15, 2006 Easy Living Associates Rezoning Revised March 21. 2007 Revised April 18, 2007 Revised April 30, 2007 EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL PROFFER STATEMENT REZONING: RZ #03 -07 Rural Areas District (RA) to Business General District (132) and Industrial Transition District (133) PROPERTY: 19.02 acres +/-- Tax Parcels #44- ((I)) -B, 44B-((I))-2,44B-((I))- 44B- ((1)) -3A, 44B- ((1)) -4, and 44B- ((1)) -6 (here -in after the "Property ") RECORD OWNER: Easy Living Associates, Jacob H. Yost, 111, Manager APPLICANT: Easy Living Associates (here -in after the "Applicant ") PROJECT NAME: Easy Living Associates — Rt. 11 North Commercial ORIGINAL DATE OF PROFFERS: September 15, 2006 REVISION DATE: April 30, 2007 Preliminary Matters 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 #03 -07 for the rezoning of 19.02+ -acres from the Rural Areas (RA) District to establish 4.02f- acres of B -2, Business General District and 15.0+ -acres of B -3, Industrial Transition 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 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 Property, more particularly described as the lands owned by Easy Living Associates, being all of Tax Map Parcels 44- ((1)) -B, 44B- ((1)) -2, 443- ((1)) -3, 4413- ((1)) -3A, 4413- ((1))-4, and 44B- ((1)) -6, and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). File h0633 /F.AW NQT G TiT Greemvay Engineering September 16, 2006 Easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 A.) Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ( "GDP ") prepared by Greenway Engineering dated April 30, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B -2 Zoning District area and the B -3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary commercial street system identified in the B -3 Zoning District area may be reduced without the need of a modified GDP for the Property. B.) Land Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B -2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops Only SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated 2. The Applicant hereby proffers to prohibit the following land uses within the B -3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation by Air Transportation Services Truck Stops Only Automobile Recovery Service Automobile Repossession Service Automotive Repair, Services and Parking Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 5541 SIC 7389 SIC 7389 SIC 75 SIC 7832 SIC 79 Pile !!0633 /PAW 2 1 Greenway Engineering 0 September 15, 2006 Easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 3. The Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B -2, General Business District and the 13-3„ Industrial Transition District portions of the Property: B -2, General Business District 30,000 total square feet (5,000 square feet maximum restaurant) B -3, Industrial Transition District 90,000 total square feet C.) Transportation Enhancements 1. The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 11) to provide for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five -foot sidewalk along the southwest side of the primary commercial street system to the private access drive and a five -foot sidewalk along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers to provide for an inter - parcel connection along the southern boundary of tax map parcel 44B- ((1)) -2 as identified on the proffered GDP, that will be identified on the Site Plan on this portion of the Property. The appropriate area for the inter- parcel connection shall be reserved by easement by the Applicant and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12 -foot paved travel lane and shoulder along the entire frontage of the Property that will be constructed in conjunction with the Site Plan in which the average daily traffic volume of the cumulative Site Plans exceeds 500 VPD for the Property. 5. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to fully fund a new traffic signal at the primary public street entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the Property and will be installed when warranted by VDOT. In event that traffic signalization is not warranted at this intersection during the period of the signalization agreement, the Applicant agrees to allow for the funding set forth in Pile 80633 /EAW 3 Greenway Engineering . September 15, 2006 Easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 the signalization agreement to be utilized for traffic signalization along the Martinsburg Pike corridor. If traffic signalization is warranted at the subject Property after the transfer of these funds occurs, then the funding to provide traffic signatization at the subject Property shall be provided by VDOT, Frederick County, or other funding sources. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 that may be applied towards right -of -way acquisition, engineering, or construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10 -foot right-of-way to VDOT along the entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This dedication shall occur prior to the first Site Plan approval for'the Property. 8. The Applicant hereby proffers a reservation of right -of way on tax map parcel 44B- ((1)) -6 that is 50 feet in width and located within the defined 50 -foot buffer area as identified between Al and A2 on the proffered GDP. The purpose of this reservation shall be for the construction of a future public street system by others that will provide access to the adjoining parcels along this portion of the Property. The reserved 50 -foot right -of -way shall be dedicated to Frederick County within 90 days of written request by the County. The Applicant shall provide disclosure of this right -of -way reservation and dedication on all plats and property deeds that are impacted by the section of the proffer statement. 9. The Applicant hereby proffers a reservation of right -of -way on tax map parcel 44- ((l)) -B and tax map parcel 44- ((1)) -C, also owned by the'.Applicant, that is 50 feet in width and located within the area identified between B 1 and B2 on the proffered GDP. The purpose of this reservation shall be for the construction of a future public street system by others which will replace a portion of the private access drive located on the two identified parcels. The reserved 50 -foot right -of- way shall be dedicated to Frederick County within 90 days of written request by the County. The Applicant shall provide disclosure of this right -of -way reservation and dedication on all plats and property deeds that are impacted by this section of the proffer statement. D.) Site Design Controls 1. The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route I l) frontage of the Property that is 20 feet in width and located on the south side of the primary public street entrance adjacent to the Pile #0633 /EAW 4 Greemvay Engineering September 16, 2006 Easy Living Associates Rezoning Revised March 21. 2007 Revised April 18, 2007 Revised April 30, 2007 10 -foot right -of -way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated April 30, 2007, which shall include a 10 -foot wide asphalt pedestrian trail, parking lot landscaping on the west side of th,e pedestrian trail and deciduous flowering trees planted on 40 -foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant hereby proffers to limit business signs to one monument style sign for the land uses on the 13-3 District portion of the Property that will be limited to a maximum height of 15 feet and 100 square feet in each message face area, and two monument style signs for the land uses on the B -2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of metal buildings on the B -2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, stone, false stone, split -face block, simulated stucco, wood and glass on three sides of the primary land use structures within this portion of the Property. 4. The Applicant hereby proffers to preserve a 50 -foot strip of the existing vegetation surrounding the north, east and west boundaries of the B -3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees immediately adjacent to the 50 -foot vegetation strip that are a minimum of four feet in height and planted on 10 -foot centers. The 50 -foot vegetation strip will be field located in conjunction with each Site Plan to allow the Planning Department to determine if additional evergreen trees arc needed to achieve the function of a full screen. 5. The Applicant hereby proffers to establish a full buffer and screen within the area identified on tax map parcel 44B- ((1)) -6 between the two black dots and labeled as 50' Buffer — See Proffer D5 on the proffered GDP. The full buffer and screen shall contain an opaque element that is six feet in height, 64 evergreen trees that are a minimum of four feet in height at planting, and 32 deciduous trees that are a minimum two -inch caliper at planting (total of 4 trees per 10 linear feet). This full buffer and screen shall be installed in conjunction with the first Site Plan that is developed within the B -3 District portion of the Property. FIIe #0633 /EAW 5 Greenway Engineering • September 15, 2006 Revised March 21.2007 Revised April 18, 2007 Revised April 30, 2007 • Easy Living Associates Rezoning E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Cleat Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. Pile 40633/EA W 6 Greenway Engineering F.) Signatures September 15, 2006 Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 0 Easy Living Associates 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 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, Respectfully Submitted: EASY LIVING ASSOCIATES By: Jaeob -H - Yost, III, Manager Date Commonwealth of Virginia, Cit Count f 4"redevr GL To Wit: The foregoing instrument was acknowledged before me this IST day of MaY 200' by GtCOb H. VD5- 1 , - MOn0aer Notary Public My Commission Expires Pile tl0633 /EA W 7 Greenway Engineering • September 15, 2006 Stasy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL PROFFER STATEMENT REZONING: RZ #03 -07 Rural Areas District (RA) to Business General District (132) and Industrial Transition District (133) PROPERTY: 19.02 acres + / -; Tax Parcels #44- ((1)) -B, 44B- ((1)) -2, 44B- ((])) -3, 44B- ((1)) -3A, 44B- ((1)) -4, and 44B- ((1)) -6 (here -in after the "Property ") RECORD OWNER: Easy Living Associates, Jacob H. Yost, III, Manager APPLICANT: Easy Living Associates (here -in after the "Applicant ") PROJECT NAME: Easy Living Associates — Rt. 11 North Commercial ORIGINAL DATE OF PROFFERS: September 15, 2006 REVISION DATE: April I8, 2007 Preliminary Matters 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 #03 -07 for the rezoning of 19.02± -acres from the Rural Areas (RA) District to establish 4.02± - acres of B -2, Business General District and 15.0± -acres of B -3, Industrial Transition 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 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 Property, more particularly described as the lands owned by Easy Living Associates, being all of Tax Map Parcels 44- ((1)) -B, 44B- ((1)) -2, 44B- ((1)) -3, 44B- ((I)) -3A, 44B- ((1))-4, and 44B- ((1)) -6, and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). iYQT UUREENT File #0633 /EA W Greenway Engineering • September 15, 2006 Oasy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 A.) Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ( "GDP ") prepared by Greenway Engineering dated March 21, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B -2 Zoning District area and the B -3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary commercial street system identified in the B -3 Zoning District area may be reduced without the need of a modified GDP for the Property. B.) Land Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B -2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops Only SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated 2. The Applicant hereby proffers to prohibit the following land uses within the B -3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation by Air Transportation Services Truck Stops Only Automobile Recovery Service Automobile Repossession Service Automotive Repair, Services and Parking Prive i Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 5541 SIC 7389 SIC 7389 SIC 75 SIC 7832 SIC 79 Fileti0633 /EAW Greenway Engineering • September 15, 2006 �asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 3. The Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B -2, General Business District and the B -3, Industrial Transition District portions of the Property: B -2, General Business District B -3, Industrial Transition District C.) Transportation Enhancements 30,000 total square feet (5,000 square feet maximum restaurant) 90,000 total square feet 1. The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 11) to provide for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five -foot sidewalk along the southwest side of the primary commercial street system to the private access drive and a five -foot sidewalk along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers to provide for an inter - parcel connection along the southern boundary of tax map parcel 44B- ((1)) -2 that will be identified on the Site Plan on this portion of the Property. The appropriate area for the inter - parcel connection shall be reserved by easement by the Applicant and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12 -foot paved travel lane and shoulder along the entire frontage of the Property that will be constructed in conjunction with the site plan in which the average daily traffic volume exceeds 500 VPD for the Property. 5. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to fully fund a new traffic signal at the primary Pommsrcial public street entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the Property and will be installed when warranted by VDOT. In the event that traffic signalization is not warranted at this intersection during the period of the signalization agreement, the Applicant agrees to allow for the funding set forth in the signalization agreement to be utilized for traffic File #0633 /EAW 3 Greenway Engineering September 15, 2006 �:asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 signalization along the Martinsburg Pike corridor. If traffic signalization is warranted at the subject Property after the transfer of these funds occurs, then the funding to provide traffic signalization at the subject Property shall be provided by VDOT, Frederick County, or otter funding sources. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 that may be applied towards right -of -way acquisition, engineering, or construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10 -foot right -of -way to VDOT along the entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This dedication shall occur prior to the first Site Plan approval for the Property. D.) Site Design Controls 1. The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route 11) frontage of the Property that is 20 feet in width and located on the south side of the primary public street entrance adjacent to the 10 -foot right -of -way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated March 21, 2007, which shall include a 10 -foot wide asphalt pedestrian trail, parking lot landscaping on the west side of the pedestrian trail and deciduous flowering trees planted on 40 -foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant hereby proffers to limit business signs to one monument style sign for the land uses on the B -3 District portion of the Property that will be limited to a maximum height of 15 feet and 100 square feet in each message face area, and two monument style signs for the land uses on the B -2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of metal buildings on the B -2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, stone, false stone, split -face block, simulated stucco, wood and glass on three sides of the primary land use structures within this portion of the Property. File 80633 /EAW 4 Greenway Engineering • September 15, 2006 I'asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 4. The Applicant hereby proffers to preserve a 50 -foot strip of the existing vegetation surrounding the north, east and west boundaries of the B -3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees immediately adjacent to the 50 -foot vegetation strip that are a minimum of four feet in height and planted on 10 -foot centers. The 50 -foot vegetation strip will be field located in conjunction with each Site Plan to allow the Planning Department to determine if additional evergreen trees are needed to achieve the function of a full screen. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. File #06331EAW 5 Greenway Engineering 0 F.) Signatures September 15, 2006 �asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 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 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. Respectfully Submitted: EASY LIVING ASSOCIATES 0 Jacob H. Yost, III, Manager Commonwealth of Virginia, City /County of To Wit: The foregoing instrument was acknowledged before me this 20_ by day of Date Notary Public My Commission Expires File #0633 /SAW 6 Greenway Engineering 0 September 15, 2006 �asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL PROFFER STATEMENT REZONING: RZ #03 -07 Rural Areas District (RA) to Business General District (132) and Industrial Transition District (133) PROPERTY: 19.02 acres + / -; Tax Parcels #44- ((1))-B, 44B- ((1)) -2, 44B-((I))-3, 4413-((1))-3A, 44B- ((1)) -4, and 44B- ((1)) -6 (here -in after the "Property ") RECORD OWNER: Easy Living Associates, Jacob H. Yost, Ill, Manager APPLICANT: Easy Living Associates (here -in after the "Applicant ") PROJECT NAME: Easy Living Associates — Rt. 11 North Commercial ORIGINAL DATE OF PROFFERS: September 15, 2006 REVISION DATE: April l8, 2007 Preliminary Matters 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 #03 -07 for the rezoning of 19.02± -acres from the Rural Areas (RA) District to establish 4.02± - acres of B -2, Business General District and 15.0± -acres of B -3, Industrial Transition 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 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 Property, more particularly described as the lands owned by Easy Living Associates, being all of Tax Map Parcels 44- ((I)) -B, 44B- ((1)) -2, 44B- ((1)) -3, 44B- ((1)) -3A, 44B- ((1)) -4, and 44B- ((1)) -6, and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). File #0633 /EA W ;asy Living Associates Rezoning Greenway Engineering September 15, 2006 � Revised March 21, 2007 Revised April 18, 2007 A.) Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ( "GDP ") prepared by Greenway Engineering dated March 21, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B -2 Zoning District area and the B -3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary commercial street system identified in the B -3 Zoning District area may be reduced without the need of a modified GDP for the Property. B.) Land Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B -2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops Only SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated 2. The Applicant hereby proffers to prohibit the following land uses within the B -3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation by Air Transportation Services Truck Stops Only Automobile Recovery Service Automobile Repossession Service Automotive Repair, Services and Parking Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 5541 SIC 7389 SIC 7389 SIC 75 SIC 7832 SIC 79 File #0633 /EAW 2 Greenway Engineering • September 15, 2006 0-asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 3. The Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B -2, General Business District and the B -3, Industrial Transition District portions of the Property: B -2, General Business District B -3, Industrial Transition District 30,000 total square feet (5,000 square feet maximum restaurant) 90,000 total square feet C.) Transportation Enhancements 1. The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 11) to provide for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five -foot sidewalk along the southwest side of the primary commercial street system to the private access drive and a five -foot sidewalk along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers to provide for an inter - parcel connection along the southern boundary of tax map parcel 44B- ((1)) -2 that will be identified on the Site Plan on this portion of the Property. The appropriate area for the inter- parcel connection shall be reserved by easement by the Applicant and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12 -foot paved travel lane and shoulder along the entire frontage of the Property that will be constructed in conjunction with the site plan in which the average daily traffic volume exceeds 500 VPD for the Property. 5. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to fully fund a new traffic signal at the primary public street entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the Property and will be installed when warranted by VDOT. In the event that traffic signalization is not warranted at this intersection during the period of the signalization agreement, the Applicant agrees to allow for the funding set forth in the signalization agreement to be utilized for traffic signalization along the File #0633 /EAW 3 Greenway Engineering September 15, 2006 Oasy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Martinsburg Pike corridor. If traffic signalization is warranted at the subject Property after the transfer of these funds occurs, then the funding to provide traffic signalization at the subject Property shall be provided by VDOTT, Frederick County, or other funding sources. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 that may be applied towards right -of -way acquisition, engineering, or construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10 -foot right -of -way to VDOT along the entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This dedication shall occur prior to the first Site Plan approval for the Property. D.) Site Design Controls 1, The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route 11) frontage of the Property that is 20 feet in width and located on the south side of the primary public street entrance adjacent to the 10 -foot right -of -way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated March 21, 2007, which shall include a 10 -foot wide asphalt pedestrian trail, parking lot landscaping on the west side of the pedestrian trail and deciduous flowering trees planted on 40 -foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant hereby proffers to limit business signs to one monument style sign for the land uses on the B -3 District portion of the Property that will be limited to a maximum height of 15 feet and 100 square feet in each message face area, and two monument style signs for the land uses on the B -2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of metal buildings on the B -2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, stone, false stone, split -face block, simulated stucco, wood and glass on three sides of the primary land use structures within this portion of the Property. File #0633/EA W 4 Greenway Engineering 0 September 15, 2006 �asy Living Associates Rezonin Revised March 21.2007 Revised April 18, 2007 4. The Applicant hereby proffers to preserve a 50 -foot strip of the existing vegetation surrounding the north, east and west boundaries of the B -3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees immediately adjacent to the 50 -foot vegetation strip that are a minimum of four feet in height and planted on 10 -foot centers. The 50 -foot vegetation strip will be field located in conjunction with each Site Plan to allow the Planning Department to determine if additional evergreen trees are needed to achieve the function of a full screen. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. File #0633 /EAW 5 Greenway Engineering . F.) Signatures September 15, 2006 �asy Living Associates Rezoning Revised March 21, 2007 Revised April 18. 2007 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 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. Respectfully Submitted: EASY LIVING ASSOCIATES LE ost, Commonwealth of Virginia,' City ount of FV ecAevlC,k To Wit: t / � D 7 The foregoing instrument was acknowledged before me this le h day of i6� 2007 by ',JaCob ( . Yos- h - = 1 GCrV, -1 R V-2 Notary Public My Commission Expires r°bvu�20 2-068 File #0633 /EAW n I J L� � n °° D ,\ O J 0 GOP �v I Z W o . 3 S R �m � e� W g LLI ago Ls , \ u v S o W a Z d / W �. J W a Z \ W j \ o W a o \ \ \J> Z W w J � � Y W N W W DASD YAACN 21. 200 SC 1' _ 200 DWMNW NY. Lbw 10E NO. 0959 Greenway Engineering • September 15, 2006 �sy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL PROFFER STATEMENT REZONING: RZ #03 -07 Rural Areas District (RA) to Business General District (B2) and Industrial Transition District (113) PROPERTY: 19.02 acres +l -; Tax Parcels #44- ((I)) -B, 44B-((l))-2,44B-((I))-3,44B-((I)) 44B- ((1)) -4, and 44B- ((I)) -6 (here -in after the "Property ") RECORD OWNER: Easy Living Associates, Jacob H. Yost, III, Manager APPLICANT: Easy Living Associates (here -in after the "Applicant ") PROJECT NAME: Easy Living Associates — RL 11 North Commercial ORIGINAL DATE OF PROFFERS: September 15, 2006 dNOT CURRENT REVISION DATE: Aprill8, 2007 Preliminary Matters 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 #03 -07 for the rezoning of 19.02± -acres from the Rural Areas (RA) District to establish 4.02± - acres of B -2, Business General District and 15.0± -acres of B -3, Industrial Transition 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 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 Property, more particularly described as the lands owned by Easy Living Associates, being all of Tax Map Parcels 44- ((1)) -B, 44B- ((1)) -2, 44B- ((I)) -3, 44B- ((1)) -3A, 44B- ((1))-4, and 44B- ((1)) -6, and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). File #0633/EAW Greenway Engineering September 15, 2006 Revised March 21. 2007 Revised April 18, 2007 A.) Generalized Development Plan 0 asy Living Associates Rezoning The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ( "GDP ") prepared by Greenway Engineering dated March 21, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B -2 Zoning District area and the B -3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary commercial street system identified in the B -3 Zoning District area may be reduced without the need of a modified GDP for the Property. B.) Land Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B -2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops Only SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated 2. The Applicant hereby proffers to prohibit the following Iand uses within the B -3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation by Air Transportation Services Truck Stops Only Automobile Recovery Service Automobile Repossession Service Automotive Repair, Services and Parking eve In Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 5541 SIC 7389 SIC 7389 SIC 75 SIC 7832 SIC 79 File #0633 /EAW Greenway Engineering 0 September 15, 2006 easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 3. The Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B -2, General Business District and the B -3, Industrial Transition District portions of the Property: B -2, General Business District B -3. Industrial Transition District 30,000 total square feet (5,000 square feet maximum restaurant) 90,000 total square feet C.) Transportation Enhancements 1. The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 11) to provide for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five -foot sidewalk along the southwest side of the primary commercial street system to the private access drive and a five -foot sidewalk along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers to provide for an inter - parcel connection along the southern boundary of tax map parcel 44B- ((1)) -2 that will be identified on the Site Plan on this portion of the Property. The appropriate area for the inter- parcel connection shall be reserved by easement by the Applicant and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12 -foot paved travel lane and shoulder along the entire frontage of the Property that will be constructed in conjunction with the site plan in which the average daily traffic volume exceeds 500 VPD for the Property. 5. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to fully fund a new traffic signal at the primary cn= fnere al public street entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the Property and will be installed when warranted by VDOT. In tire event that traffic signalization is not warranted at this intersection during the period of the signalization agreement, the Applicant agrees to allow for the funding set forth in the signalization agreement to be utilized for traffic File #0633 /EAW 3 Greenway Engineering • September 15, 2006 Osy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 signalization along the Martinsburg Pike corridor. If traffic signalization is warranted at the subject Property after the transfer of these funds occurs, then the funding to provide traffic signalization at the subject Property shall be provided by VDOT, Frederick County, or other funding sources. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 that may be applied towards right -of -way acquisition, engineering, or construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10 -foot right -of -way to VDOT along the entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This dedication shall occur prior to the first Site Plan approval for the Property. D.) Site Design Controls 1. The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route 11) frontage of the Property that is 20 feet in width and located on the south side of the primary public street entrance adjacent to the 10 -foot right -of -way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated March 21, 2007, which shall include a 10 -foot wide asphalt pedestrian trail, parking lot landscaping on the west side of the pedestrian trail and deciduous flowering trees planted on 40 -foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant hereby proffers to limit business signs to one monument style sign for the land uses on the B -3 District portion of the Property that will be limited to a maximum height of 15 feet and 100 square feet in each message face area, and two monument style signs for the land uses on the B -2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of metal buildings on the B -2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, stone, false stone, split -face block, simulated stucco, wood and glass on three sides of the primary land use structures within this portion of the Property. File #D633/EAW 4 Green" ay Engineering is September 15, 2006 Oasy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 4. The Applicant hereby proffers to preserve a 50 -foot strip of the existing vegetation surrounding the north, east and west boundaries of the B -3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees immediately adjacent to the 50 -foot vegetation strip that are a minimum of four feet in height and planted on 10 -foot centers. The 50 -foot vegetation strip will be field located in conjunction with each Site Plan to allow the Planning Department to determine if additional evergreen trees are needed to achieve the function of a full screen. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. File#0633/EAW 5 Greenway Engineering 0 F.) Signatures September 15, 2006 *asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 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 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. Respectfully Submitted: EASY LIVING ASSOCIATES M Jacob H. Yost, III, Manager Commonwealth of Virginia, City /County of To Wit: The foregoing instrument was acknowledged before me this _day of 20_ by Date Notary Public My Commission Expires File #10633 /EAW 6 Greenway Engineering • September 15, 2006 �sy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL PROFFER STATEMENT REZONING: RZ #03 -07 Rural Areas District (RA) to Business General District (B2) and Industrial Transition District (133) PROPERTY: 19.02 acres +d -; Tax Parcels #44- ((1)) -B, 44B- ((I)) -2, 44B- ((1))- 3,44B- ((1)) -3A, 44B- ((I)) -4, and 44B- ((1)) -6 (here -in after the "Property ") RECORD OWNER: Easy Living Associates, Jacob H. Yost, II1, Manager APPLICANT: Easy Living Associates (here -in after the "Applicant ") PROJECT NAME: Easy Living Associates — Rt. 11 North Commercial ORIGINAL DATE OF PROFFERS: September 15, 2006 REVISION DATE: April 18, 2007 Preliminary Matters 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 #03 -07 for the rezoning of 19.02± -acres from the Rural Areas (RA) District to establish 4.02± - acres of B -2, Business General District and 15.0± -acres of B -3, Industrial Transition 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 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 Property, more particularly described as the lands owned by Easy Living Associates, being all of Tax Map Parcels 44- ((I)) -B, 44B- ((1)) -2, 44B- ((1)) -3, 44B- ((1)) -3A, 44B- ((1))-4, and 44B- ((1)) -6, and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). File #0633 /EAW Greenway Engineering September 15, 2006 leasy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 A.) Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ( "GDP ") prepared by Greenway Engineering dated March 21, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B -2 Zoning District area and the B -3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary commercial street system identified in the B -3 Zoning District area may be reduced without the need of a modified GDP for the Property. B.) Land Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B -2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops Only SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated 2. The Applicant hereby proffers to prohibit the following land uses within the B -3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation by Air Transportation Services Truck Stops Only Automobile Recovery Service Automobile Repossession Service Automotive Repair, Services and Parking Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 5541 SIC 7389 SIC 7389 SIC 75 SIC 7832 SIC 79 File #0633 /EA W 2 Greenway Engineering 0 September li, 2006 •asy Living Associates Rezoning Revised March 21.2007 Revised April 18, 2007 3. The Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B -2, General Business District and the B -3, Industrial Transition District portions of the Property: B -2, General Business District B -3, Industrial Transition District 30,000 total square feet (5,000 square feet maximum restaurant) 90,000 total square feet C.) Transportation Enhancements 1. The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 11) to provide for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five -foot sidewalk along the southwest side of the primary commercial street system to the private access drive and a five -foot sidewalk along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers to provide for an inter- parcel connection along the southern boundary of tax map parcel 44B- ((1)) -2 that will be identified on the Site Plan on this portion of the Property. The appropriate area for the inter - parcel connection shall be reserved by easement by the Applicant and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12 -foot paved travel lane and shoulder along the entire frontage of the Property that will be constructed in conjunction with the site plan in which the average daily traffic volume exceeds 500 VPD for the Property. 5. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to fully fund a new traffic signal at the primary public street entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the Property and will be installed when warranted by VDOT. In the event that traffic signalization is not warranted at this intersection during the period of the signalization agreement, the Applicant agrees to allow for the funding set forth in the signalization agreement to be utilized for traffic signalization along the He #0633 /EAW 3 Greenway Engineering September 15, 2006 sy Living Associates Rezoning Revised March 21, 2007 Revised April I K 2007 Martinsburg Pike corridor. If traffic signalization is warranted at the subject Property after the transfer of these funds occurs, then the funding to provide traffic signalization at the subject Property shall be provided by VDOT, Frederick County, or other funding sources. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 that may be applied towards right -of -way acquisition, engineering, or construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10 -foot right -of -way to VDOT along the entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This dedication shall occur prior to the first Site Plan approval for the Property. D.) Site Design Controls 1. The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route 11) frontage of the Property that is 20 feet in width and located on the south side of the primary public street entrance adjacent to the 10 -foot right -of -way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated March 21, 2007, which shall include a 10 -foot wide asphalt pedestrian trail, parking lot landscaping on the west side of the pedestrian trail and deciduous flowering trees planted on 40 -foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant hereby proffers to limit business signs to one monument style sign for the land uses on the B -3 District portion of the Property that will be limited to a maximum height of 15 feet and 100 square feet in each message face area, and two monument style signs for the land uses on the B -2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of metal buildings on the B -2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, stone, false stone, split -face block, simulated stucco, wood and glass on three sides of the primary land use structures within this portion of the Property. File #06331EAW 4 Greenway Engineering • September 15, 2006 •asy Living Associates Rezoning Revised March 21, 2007 Revised April IS , 2007 4. The Applicant hereby proffers to preserve a 50 -foot strip of the existing vegetation surrounding the north, east and west boundaries of the B -3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees immediately adjacent to the 50 -foot vegetation strip that are a minimum of four feet in height and planted on 10 -foot centers. The 50 -foot vegetation strip will be field located in conjunction with each Site Plan to allow the Planning Department to determine if additional evergreen trees are needed to achieve the function of a full screen. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 is to be for County, Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. File #0633 /EAW 5 Greenway Engineering 0 F.) Signatures September 15, 2006 119asy Living Associates Rezoning Revised Much 21, 2007 Revised April 18, 2007 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 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. Respectfully Submitted: EASY LIVING ASSOCIATES M ost, Commonwealth of Virginia, City ount of 1 — yecIbv ck- To Wit: i D ate The foregoing instrument was acknowledged before me this 1 -k day of 8,24 1 200 by '.J to . x/05-1 7= GCVKVa l P6 - +r) V Notary Public My Commission Expires 2r08 File #0633 /EAW Green"ay Engineering 0 September U, 2006 �asy Living Associates Rezoning Revised March 21, 2007 EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL PROFFER STATEMENT REZONING: RZ# 69 6 7 Rural Areas District (RA) to Business General District (132) and Industrial Transition District (133) PROPERTY: 19.02 acres + / -; Tax Parcels #44- ((1))-B, 44B-((I))-2,44B-((I))-3,44B-((I))-3A, 44B- ((1)) -4, and 44B- ((1)) -6 (here -in after the "Property ") RECORD OWNER: Easy Living Associates, Jacob H. Yost, Ill, Manager APPLICANT: Easy Living Associates (here -in after the "ApplicaI t ") PROJECT NAME: Easy Living Associates — Rt. 1 1 North Commercial ORIGINAL DATE OF PROFFERS: September 15, 2006 (;ua. " REVISION DATE: March 21, 2007 Preliminary Matters I 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 # 03-0 for the rezoning of 19.02± -acres from the Rural Areas (RA) District to establish 4.02± - acres of B -2, Business General District and 15.0± -acres of B -3, Industrial Transition 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 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 Property, more particularly described as the lands owned by Easy Living Associates, being all of Tax Map Parcels 44- ((1)) -B, 44B- ((1)) -2, 44B- ((1)) -3, 44B- ((1)) -3A, 44B- ((1))-4, and 44B- ((I)) -6, and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). File #0633 /EAW Greenway Engineering September 15, 2006 01sy Living Associates Rezoning Revised March 21. 2007 A.) Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ( "GDP ") prepared by Greenway Engineering dated March 21, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B -2 Zoning District area and the B -3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary commercial street system identified in the B -3 Zoning District area may be reduced without the need of a modified GDP for the Property. B.) Land Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B -2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops SIC 55 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated 2. The Applicant hereby proffers to prohibit the following land uses within the B -3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation by Air Transportation Services Truck Stops Automobile Recovery Service Automobile Repossession Service Automotive Repair, Services and Parking Drive -In Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 55 SIC 7389 SIC 7389 SIC 75 SIC 78 SIC 79 File N0633/EAw 2 Greenway Engineering September 15, 2006 O.asy Living Associates Rezoning Revised March 21. 2007 3. The Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B -2, General Business District and the B -3, Industrial Transition District portions of the Property: B -2. General Business District B -3. Industrial Transition District C.) Transportation Enhancements 30,000 total square feet (5,000 square feet maximum restaurant) 90,000 total square feet 1. The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 1 l) to provide for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five -foot sidewalk along the southwest side of the primary commercial street system to the private access drive and a five -foot sidewalk along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers to provide for an inter - parcel connection along the southern boundary of tax map parcel 44B- ((1)) -2 that will be identified on the Site Plan on this portion of the Property. The appropriate area for the inter- parcel connection shall be reserved by easement by the Applicant and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12 -foot paved travel lane and shoulder along the entire frontage of the Property that will be constructed in conjunction with the site plan in which the average daily traffic volume exceeds 500 VPD for the Property. 5. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to fully fund a new traffic signal at the primary commercial entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the Property and will be installed when warranted by VDOT. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 that may be applied towards right -of -way acquisition, engineering, or Pile #0633 /EAW 3 Greenway Engineering September 15.2006 O.asy Living Associates Rezoning Revised March 21. 2007 construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10 -foot right -of -way to VDOT along the entire frontage of the Property on Martinsburg Pike (U.S. Route I I). This dedication shall occur prior to the first Site Plan approval for the Property. D.) Site Design Controls The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route 1 l) frontage of the Property that isj20 feet in width and located on the south side of the primary public street entrance adjacent to the 10 -foot right -of -way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated March 21, 2007, which shall include a 10 -foot wide asphalt pedestrian trail, parking lot landscaping on the west side of the pedestrian trail and deciduous Flowering trees planted on 40 -foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant hereby proffers to limit business signs to one monument style sign for the land uses on the B -3 District portion of the Property that will be limited to a maximum height of 15 feet and 100 square feet in each message face area, and two monument style signs for the land uses on the B -2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of metal buildings on the B -2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, stone, false stone, split -face block, simulated stucco, wood and glass on three sides of the primary land use structures within this portion of the Property. 4. The Applicant hereby proffers to preserve a 50 -foot strip of the existing vegetation surrounding the north, east and west boundaries of the B -3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees immediately adjacent to the 50 -foot vegetation strip that are a minimum of four feet in height and planted on 10 -foot centers. The 50 -foot vegetation strip will be field located in conjunction with each Site Plan to allow File #0633 /EAW 4 Greenway Engineering September 15. 2006 0asy Living Associates Rezoning Revised March 21. 2007 the Planning Department to determine if additional evergreen trees are needed to achieve the function of a full screen. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. File #0633 /EA W 5 Greenway Engineering 0 F.) Signatures September 15, 2006 011sy Living Associates Runnin Revised March 21, 2007 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 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. Respectfully Submitted: EASY LIVING ASSOCIATES M Virginia, cr z 2 Date Cn County f To Wit: The foregoing instrument was acknowledged before me this 2Z"�day o f NQvCki 200' by )QC� N o�k l fb �GPYY�C I �r�riPr My Commission Expires FC�2-0, 2-00( Notary Public File #0633 /EA W 6 1 151 WINDY HILL LANE 7 Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662 -4185 FAX: (540) 722 -9528 in 1971 www.greenwayeng.com wo 5 -2 ZONING AREA 5' PARKING LOT LANDSCAPING 10' BIKE TRAIL - - - - -� -� -- 5' GREEN STRIP 10 R1lU DEDIGLaTiON,r RTE. II MARTIN55UR3 PIKE MARTINSBURG PIKE CORRIDOR ENHANCEMENT EXHIBIT DATE: 3 -21 -07 SCALE: 1"=10' CiREENUJXr ENC31NEEfRINC� 1 151 WINDY HILL LANE 7 Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662 -4185 FAX: (540) 722 -9528 in 1971 www.greenwayeng.com o lw 11 � o oaf-- (_WJ� � G7lr � _/� GG /� - ( / - J1 � ^ -} f, O /� �— C � � '✓ � V n T � 8 r o \ n J aoo v i ( Ll 0 0 0 d la if J IM la us z ma �� / , o / \ i O / ♦ / ti /Q \, ^ °° l J 0 6 O J 1 O oO ZJ ° \ v yl Z W B m e 3 q ee U li I 4 f u S r� \ m ` J O a Z d / \ ( v z U j W O ; W�� W 0 rA ?aF W N Z W W C7 U1TG YIHCH 94 800'] 9CIid 1' � 2110' � D�N® BY: Lbw O N Na 0899 iflflaf 1 Of 1