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HomeMy WebLinkAbout08-07 Proffer StatementAMENDMENT Action: PLANNING COMMISSION: January 16, 2008 - Recommended Denial BOARD OF SUPERVISORS: February 13, 2008 ID APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 908 -07 OF ARTILLERY BUSINESS CENTER i WHEREAS, Rezoning #08 -07 of Artillery Business Center, submitted by Patton Harris Rust & Associates to rezone 58.7 acres from RA (Rural Areas) District to M 1 (Light Industrial) District, with proffers, for Light Industrial Uses, was considered. The property is located east and adjacentto Shady Elm Road, approximately 1,500 feet south of Route 37, in the Back Creek Magisterial District, and is identified by Property Identification Number 75 -A -1. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 16, 2008; and i WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 13, 2008; 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 58.7 acres from RA (Rural Areas) District to MI (Light Industrial) District, for Light Industrial Uses, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRcs #03 -08 0 This ordinance shall be in effect on the date of adoption. Passed this 13th day of February, 2008 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove A y e Bill M. Ewing Aye Gene E. Fisher Aye Charles S. Del - laver, Jr. Nay Philip A. Lemieux Aye PDRes #03 -08 • to PROPOSED PROFFER STATEMENT REZONING: RZ. # 0$ '0'7 Rural Areas (RA) to Light Industrial (1\41) PROPERTY: 58.7 acres + / -; Tax Map Parcels 75 -A -1 [the "Property "] RECORD OWNER: Venture I of Winchester, LLC APPLICANT: Venture I of Winchester, LLC PROJECT NAME: Artillery Business Center ORIGINAL DATE OF PROFFERS: December 26, 2006 REVISION DATE(S): 2/6 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 8/1/07; 8/17/07; 9/14/07; 9/19/07; 9/21/07; 10%9/07; 11/5/07; 11/6/07;11 /15/07;12/21/07;1 /15/08;2/7/08 The undersigned hereby proffers that the use and development of the isubject property (`Property "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant (`Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry. of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised February 7, 2008 (the "GDP "), and shall include the following: 1. Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes upon issuance of the First building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriffs office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for general government purposes upon issuance of the first building permit. 1 of 5 Proffer Statentent 10, ® Artillery Business Center 1.4 The Applicant shall contribute to the County of Frederick the sum of $250,000.00 for the design and /or construction of the future East -West Collector Road or for any other transportation improvements as deemed necessary by Frederick County and VDOT. Said monetary contribution shall be made within 60 days of issuance of the first Certificate of Occupancy for any structure located on the Property. 2. Site Development 2.1 The Applicant shall dedicate 40 feet of right of way for Shady Elm road along the Property frontage as depicted on the GDP prior to issuance of the first building permit. Additionally, the Applicant shall widen the existing northbound lane to a total width of 24 feet of pavement as measured from the center line of Shady Elm Road along the Property frontage with Shady Elm Road to provide for a continuous right turn lane along the Property frontage with Shady Elm Road. ' Direct access to the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as shown on the GDP. The Applicant shall provide a double stripe lane marking for the centerline of Shady Elm Road along the Property frontage with Shady Elm Road (See 1 on GDP) 2.2 The Applicant shall design a future East -West Collector Road utilizing an 80 foot right of way as depicted on the GDP from Point A to Point C, assuming an at grade railroad crossing, as a Rural 4 Lane Divided (R4D) cross section prior to issuance of the first Certificate of Occupancy for any structure located on the Property. The Applicant shall then dedicate 80 feet of right of way and construct the ultimate two westbound lanes of the Collector Road for a minim of 1100 feet as shown from Point A to Point B on the GDP upon any of the following conditions, whichever occurs first: (See 2 on GDP) • Prior to issuance of the fourth building permit for the Property. • Prior to the issuance of a building permit for any structure located in Land Bay 2. • Prior to issuance of a certificate of occupancy for any structure located in Land Bay 1 but with associated land area located in Land Bay 2 as depicted by site plan. • Upon commencement of a railroad crossing as shown on the GDP for the East -West Collector Road. • Prior to December 31, 2013. 2.11 The Applicant shall make available an 80' wide tract of land across Tax Map Parcel 74 -A -68 as depicted on the GDP from Point B to Point C in conformance with the road design provided by Proffer 2.2 for the future extension of the East -West Collector Road. The Applicant shall provide said property at no cost to the County, after December 31, 2008 and within 90 days of receiving written request from the County. 2.2.2 The Applicant shall construct a maximum of two entrances on the portion of the East -West Collector Road constructed by the Applicant as shown on the GDP. 2of5 Proffer Statement 0 • Artillery Business Center 2.2.3 Land Bay 2 as shown on the GDP shall have access via the easternmost entrance located on the portion of the East -West Collector Road constructed by the Applicant as shown on the GDP. 2.3 The Applicant shall construct an internal access toad, if necessary to meet the requirements for lot access as identified by 5144 -24C of the Frederick County Code, to serve the Property to Virginia Department of Transportation standards with a muumum pavement width of 26 feet. 2.4 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2.5 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). 2.6 The Property shall contain a minimum of three users upon final build -out. 2.7 No warehouse - distribution facility greater than 200,000 square feet shall be constructed on the Property within 5 years of the Date of Final Rezoning. i 2.8 Should the County or others obtain the rights to an at grade railroad crossing for the proposed East -West Collector Road as identified on the GDP, the Applicant shall fully fund the design of said at grade crossing. 3. Landscape Buffers Hiker /Biker Facilities & Additional Right of Way 3.1 Within the 25 foot parking setback between the proposed right of ways for Shady Elm Road and the East -West collector as required by § 165- 27E(5) of the Frederick County Code, the Applicant shall construct a 10 foot asphalt trail to Department of Recreation Standards. In addition, the Applicant shall provide a densely planted landscape screen as depicted by Exhibit A as revised 1/15/08 consisting of street trees planted 50 feet on center between the proposed right of way, and the asphalt trail as well as a double row of evergreen trees with a minimum ( density of three plants per 10 linear feet and a minim height of four feet at time of planting located between the proposed trail and any parking areas. 4. Design Standards 4.1 Any building facade fronting Shady Elm Road or the proposed East -West Collector s1'siie constructed of one or a combination of the following : cast stone, stone, brick`; architectural block, glass, wood, dry vit or stucco. 4.2 Freestanding business signs shall be limited to one monument style sign per lot that shall not exceed 20 feet in height. In addition, the Applicant may construct one main entrance /tenant directory sign along either Shady Elm Road or the proposed East -West Collector as a monument style sign that shall not exceed 30 feet in height. If revisions to the Frederick County Zoning Ordinance are made which would limit the size and /or number of signs to a greater extent than the aforementioned standards, then the Applicant shall conform with the sign ordinance standards in existence at the time of issuance of a permit for any sign located on the Property., 3 of 5 Proffer Statement • • 5. Historic Resources Artillery BusrneSS Center 5.1 The Applicant shall complete a sun�ey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 5.2 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for purposes associated with historic Star Fort prior to issuance of the first building permit. 6. Escalator Clause i 6.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ( "Board ") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (`CPI -U ") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non - compounded. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) 4of5 i t 1 1 ROAD Wit C //O FOU O O .10 104 2 ION OF MINIMIJ LANE ROADWAY x 28.7 ocres) (,LAJ I — ' WLN/'LULLtL, I Ut "NW RESERVATION R4D DES0' F \SHADY E RAILROAD C F ART I LLERY BUSINESS CENTER CfFrMF 0L PLAN f COUNTY, K?C11VA z , Patton, Harris, Rust & Associates, pc 117 E. Picadfly St. Winchester, Virginia 22501 VOICE: (540) 657-2139 FAX: (540) 665-0493 �A BUFFER, LANDSCAM & 10' ASPHALT, TRAI N . . . . . . . . . . . . . LANU IJAY 2 rox. : 30.0 acres) \z \O (,LAJ I — ' WLN/'LULLtL, I Ut "NW RESERVATION R4D DES0' F \SHADY E RAILROAD C F ART I LLERY BUSINESS CENTER CfFrMF 0L PLAN f COUNTY, K?C11VA z , Patton, Harris, Rust & Associates, pc 117 E. Picadfly St. Winchester, Virginia 22501 VOICE: (540) 657-2139 FAX: (540) 665-0493 �A BUFFER, LANDSCAM & 10' ASPHALT, TRAI N . . . . . . . . . . . . . LANU IJAY 2 rox. : 30.0 acres) SHADY ELM ROAD 3' HEDGEROW AS REQUIRED PER 165- 27E(ll)(a) 3 TREES PLANTED PER 10 LINEAR FEET (EVERGREEN) PARKING AREA 1 A sue' �'' STREET TREES 50' 40" R/W DEDICATION & ON CENTER NORTHBOUND LANE IMPROVMENTS EXISTING SHADY ELM ROAD (40' R /W) 25 PARKING SETBACK (MINIMUM) NOTE STREET TREES AND L'ANDSC.4PE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED IN ADDITION TO ANYI LANDSCAPING OTHERWISE REOUIRED BY ORDINANCE EAST —WEST COLLECTOR ROAD 3' HEDGEROW AS REQUIRED PER 165- 226(11)(e) 3 TREES PLANTED PER 10 LINEAR FEET (EVERGREEN) PARKINC AREA ® ® ® ® ® ® ® ® ® ® ® �.,10'ASPF7ALT TRAIL,N �r" -t..,ar 21"!u . . * 80' R/W DEDICATION & ROAD CONSTRUCTION STREET TREES 50' ON CENTER 25' PARKING SETBACK (WNIMUM) NOTE STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED IN ADDITION TO ANY LANDSCAPING OTHERWISE REQUIRED BY ORDINANCE A,QTIL L ERY BUSINESS CENTER Patton, Harris, Rust & Associates, pc n y EXHIS /T A 117 E. Picadilly St. Winchester, Vrginia 22601 \O o Q VOICE: (540) 667 -2139 FAX: (540) 665 -0493 V FREDERICK COUNTY, VIRGIN[A Proffer Statement • • Artillery Business Center Venture I of Winchester, LLC By: —�"Max� Date: ZOO e STATE OF VIRGINIA, AT LARGE FREDERICK COUN'T'Y, To -wit: It 'I he foregoing instrument was acknowledged before me this = day of - e F ;: 200 by c My conunissi pp es _ Notary Public J/j ' Nor ` - Common - -. ­ Virginia Reg. #{:,35897 My Commission Fxpires Aug. 31, 2011 5 of 5 PROPOSED PROFFER STATEMENT REZONING: RZ. # O9 -07 Rural Areas (RA) to Light Industrial (M1) PROPERTY: 58.7 acres + / -; Tax Map Parcels 75 -A -1 [the "Property "] RECORD OWNER: Venture I of Winchester, LLC APPLICANT: Venture I of Winchester, LLC PROJECT NAME: Artillery Business Center ORIGINAL DATE OF PROFFERS: December 26, 2006 REVISION DATE(S): 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 8/1/07; 8/17/07; 9/14/07; 9/19/07; 9/21/07; 10/9/07; 11/5/07; 11/6/07; 11/15/07; 12/21/07; 1/15/08; 2/7/08 The undersigned hereby proffers that the use and development of the subject property (`Property "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant (`Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon filial rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised February 7, 2008 (the "GDP "), and shall include the following: Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of S5,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriffs office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of 52,500.00 for general government purposes upon issuance of the first building permit. 1 of 5 .proffer Statement Artillery Business Center 1.4 The Applicant shall contribute to the County of Frederick the sum of $250,000.00 for the design and /or construction of the future East -West Collector Road or for any other transportation improvements as deemed necessary by Frederick County and VDOT. Said monetary contribution shall be made within 60 days of issuance of the first Certificate of Occupancy for any structure located on the Property. 2. Site Development 2.1 The Applicant shall dedicate 40 feet of right of way for Shady Elm road along the Property frontage as depicted on the GDP prior to issuance of the first building permit. Additionally, the Applicant shall widen the existing northbound lane to a total width of 24 feet of pavement as measured from the center line of Shady Elm Road along the Property frontage with Shady Elm Road to provide for a continuous right turn lane along the Property frontage with Shady Elm Road. Direct access to the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as shown on the GDP. The Applicant shall provide a double stripe lane marking for the centerline of Shady Elm Road along the Property frontage with Shady Elm Road (See 1 on GDP) 2.2 The Applicant shall design a future East -West Collector Road utilizing an 80 foot right of way as depicted on the GDP from Point A to Point C, assuming an at grade railroad crossing, as a Rural 4 Lane Divided (R4D) cross section prior to issuance of the first Certificate of Occupancy for any structure located on the Propett The Applicant shall then dedicate 80 feet of right of way and constructlthe ultimate two westbound lanes of the Collector Road for a minimum of 1100 feet as shown from Point A to Point B on the GDP upon any of the following conditions, whichever occurs first: (See 2 on GDP) • Prior to issuance of the fourth building permit for the Property. • Prior to the issuance of a building permit for any structure' located in Land Bay 2. • Prior to issuance of a certificate of occupancy for any structure located in Land Bay 1 but with associated land area located in Land Bay 2 as depicted by site plan. • Upon commencement of a railroad crossing as shown on the GDP for the East -West Collector Road. • Prior to December 31, 2013. 2.2.1 The Applicant shall make available an 80' wide tract of land across Tax Map Parcel 74 -A -68 as depicted on the GDP from Point B to Point C in conformance with the road design provided by Proffer 2.2 for the future extension of the East -West Collector Road. The Applicant shall provide said property at no cost to the County, after December 31, 2008 and within 90 days of receiving written request from the County. 2.2.2 The Applicant shall construct a maximum of two entrances on the portion of the East -West Collector Road constructed by the Applicant as shown on the GDP. 2of5 / roffer Statement 0 0 Artillery Business Center 2.2.3 Land Bay 2 as shown on the GDP shall have access via the easternmost entrance located on the portion of the East -West Collector Road constructed by the Applicant as shown on the GDP. 2.3 The Applicant shall construct an internal access road, if necessary to meet the requirements for lot access as identified by §144 -24C of the Frederick County Code, to serve the Property to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2.5 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). 2.6 The Property shall contain a minim of three users upon final built -out. 2.7 No warehouse- distribution facility greater than 200,000 squar� feet shall be constructed on the Property within 5 years of the Date of Final Rezoning. 1 2.8 Should the County or others obtain the rights to an at grade railroad crossing for the proposed Last -West Collector Road as identified on the GDP, the Applicant shall fully fluid the design of said at grade crossing. i 3. Landscape Buffers, Hiker /Biker Facilities, & Additional Right of Way 3.1 Within the 25 foot parking setback between the proposed right of ways for Shady Elm Road and the East -West collector as required by � 165- 27F(5) of the Frederick County Code, the Applicant shall construct a 10 foot asphalt trail to Department of Recreation Standards. In addition, the Applicant shall provide a. densely planted landscape screen as depicted by Exhibit A as revised 1/15/08 consisting of street trees planted 50 feet on center between the proposed right of way and the asphalt trail as well as a double row of evergreen trees with a minimum density of three plants per 10 linear feet and a minimum height of four feet at time of planting located between the proposed trail and any parking areas. 4. Design Standards 4.1 Any building facade fronting Shady Elm Road or the proposed East -West Collector shall be constructed of one or a combination of the following : cast stone, stone, brick, architectural block, glass, wood, dry vit or stucco. 4.2 Freestanding business signs shall be limited to one monument style sign per lot that shall not exceed 20 feet in height. In addition, the Applicant may construct one main entrance /tenant directory sign along either Shady Elm Road or the proposed East -West Collector as a monument style sign that shall not exceed 30 feet in height. If revisions to the Frederick Connty Zoning Ordinance are made which would lift t the size and /or number of signs to a greater extent than the aforementioned standards, then the Applicant shall conform with the sign ordinance standards in existence at the tune of issuance of a permit for any sign located on the Property. 3 of 5 P.rofferStaletnent . • 5. Historic Resources Artillery Business Center 5.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 5.2 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for purposes associated with historic Star Fort prior to issuance of the first building permit. 6. Escalator Clause 6.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ( "Board ") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 montbs following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ( "CPI -U ") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non - compounded. SIGNATURE(S) APPEAR ON THF� FOLLOWING PAGE(S) 4of5 0 R/W ` - DICATION & ROAD WI - RING / . ............ . 10' ASPI!ALT,-TPW LAND ,BAY 1 28.7 acres) . ..... f O �140' 0 '* 70 ..... . LAND BAY - 2- 8 DlfbICATION' (Approx. ;kO acres) qN 40 'CONSTRUCTION OF MINIMUM/ 11D0'.,,,2 ROADWAY TM 74-A- ' 1 68 / i J N,) / FUTURE SHADY ELM /RO UTE' 1 I,- CONNECTOR l / O T- T� LLE TOR.,ROAD) 80\,,R E 'E' R 41, 346 DESIGN FROM - ,9 SHADY ELM RAILROAD f - F qN 40 —j N,) AR TILLER Y 8USINESS CENTER Patton, Harris, Rust & Associates, pc - ,9 D EVELOPMENT PLAN CEIVL ALIZE DEVL 117 E. Picodilly St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 f COUND', KRCIN14 SHADY ELM ROAD 3' HEDGEROW AS REQUIRED PER 165- 27E(11J(aJ 3 TREES PLANTED PER 10 UNEAR FEET' (EVE'RGREEN) PARKING AREA Osseo@ 0101919 so v f�. ) m' o Q 10 ASPHALT TRAIL - 117 L Picadilly St. Winchester, Irginia 22601 VOICE: 1540) 667 -2139 FAR: (540) 665 -0493 STREET TREES 50' ON CENTER 40' R/W DEDICATION & NORTHBOUND LANE IMPROVMENTS EXISTING SHADY ELM ROAD (40' R /W) 25' PARKING SETBACK (MINIMUM) NOTE: STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET PROVIDED IN ADDITION TO ANY LANDSCAPING OTHERWISE REQUIRED BY ORDINANCE EAST —WEST COLLECTOR ROAD 3' REOCEROW AS REQUIRED PER 705- 02T(ll)(e) 3 TREES PLANTED PER 10 LINEAR FEET (EVERGREEN) PARKING AREA ® ® ® ® ® ® ® ® ® ® ® ASPHALT IRA£L�' BO' R/W DEDICATION & ROAD CONSTRUCTION STREET TREES 50'� ON CENTER 25" PARKING SETBACK (MINIMUM) NOTE STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED IN ADDITION TO ANY LANDSCAPING OTHERWISE REQUIRED BY ORDINANCE ARTILLERY BUSINESS CENTER Patton, Harris, Rust &Associates, pc n \o ) m' o Q EXHIBIT A 117 L Picadilly St. Winchester, Irginia 22601 VOICE: 1540) 667 -2139 FAR: (540) 665 -0493 V FREOERICK COUNTY, VIR67INIA Proffer Statement 0 0 Artillery Business Center Venture I of Winchester, LLC By: Date. 7 1 ZOO e STATE OF VIRGINIA, AT LARGE FREDERICK COUN - 1 Y, To -wit: The foregoing instrument was acknowledged before me this _day of 200, by My commission nxP es _ Notary Publi, NOTAr i - Em- mon Reg. #35897 ssion Expires Aug. 31; 2011 5 of 5 Patton Ho rroust & Associates Engineers. Surveyors. Planners. Landscape Archiiects. t� JAN ' 6 2008 January 16, 2008 Mr. Michael Ruddy Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Artillery Business Center Rezoning Application [ ^ PH �~ l Dear Mike: Please find attached two alternative Proffer Statements dated January 15, 2008 and supporting Generalized Development Plan (GDP) and landscape exhibit for the CORPORATE: Artillery Business, Center Rezoning Application. The revisions are intended to cho nrliy address concerns raised by Planning Commission members at both the November 7, vleawln OFFICES: 2007 and subsequent December 19, 2007 meetings. The two alternative approach Bedgewater which focuses on two transportation scenarios will allow the Planning Commission chantilh to provide direction on a their preferred transportation scenario for the County. The Chadotles °isle following is an explanation of the two proposed alternative proffer statements. Federicksburg deesbu+g I Alternative 1- Comp Plan Road Construction and Monetary Proffer Newp News Virginia Beach This alternative is similar to the most recent proffer statements in that it will provide Winchester Woodbridge for the construction of 1100 feet of the Shady Elm - Route 11 Connector Road as shown in the Frederick County Comprehensive Plan. In addition, the applicant LAS°4ATORIESI Chan911y would provide a monetary contribution of $250,000.00 for offsite transportation Fredericksburg improvements and fully fund the design of an at grade railroad crossing if that right was obtained by the County or others. The modifications to Alternative 1 from the MA4ttAND OFFICES ealtimore December 21, 2007 Proffer Statement are as follows: Columbia Frederik . Proffer 2.1 modified to add double stripe lane marking down centerline of Shady Elm Road along improved Property frontage. Ho °yw ° °d 0 Proffer 2.8 added which provides that the Applicant will fully fund the design Hart Valley of an at grade crossing of the railroad for the East -West Collector if rights to Wilhomsp"I an at grade crossing are obtained by Frederick County or others. PENNSYLVANIA OFFICE. • Proffer 3.1 and associated Exhibit A have been revised to require that the Allentown double row of trees located between the proposed bike trail and parking WEST ViRCINiA orElce areas will use evergreen trees exclusively rather than a mixture of evergreen Moamsburg and deciduous trees. This will provide for a year round screen. • Proffer 6.1 is an escalator clause which has been added to ensure that any T 540.6672139 540.665.0493 monetary contributions made to the County after 30 months from the date t 17 east Piccadilly Srreat of final rezoning will be adjusted for inflation per the Consumer Price Index. Suite 200 Winchester, VA 22601 Artiheryllsiness Center • January 16, 2008 Page 2 of 2 Alternative 2 - Monetary Proffer in lieu of Comp Plan Road Construction This alternative would provide a phased monetary contribution in the amount of $500,000.00 for transportation improvements but would not provide right of way for or construction of the Shady Elm - Route 11 Connector Road. Like Alternative 1, the Applicant has committed to fully funding an at grade crossing of the railroad for the future connector roadway if that right is obtained by Frederick County or others. The modifications to Alternative 1 from the December 21, 2007 Proffer Statement are as follows: P� /� • Proffer 1.4 has been modified to provide a $500,000.00 monetary + L contribution for transportation purposes phased over three certificates of occupancy (1" CO- $250,OOO.DO; 2 " CO- $125,000.00; 3` CO- $125,000.00). • Previous Proffer 2.2 which specified right of way dedication and 11 Do feet of road construction for the East -West Collector has been removed. • Proffer 2.1 modified to add double stripe lane marking down centerline of Shady Elm Road along improved Property frontage. • Proffer 2.7 added which provides that the Applicant will fully fund the design of an at grade crossing of the railroad for the East -West Collector if rights to an at grade crossing are obtained by Frederick County or others. • Proffer 3.1 and associated Exhibit A have been revised to require that the double row of trees located between the proposed bike trail and parking areas will use evergreen trees exclusively rather than a mixture of evergreen and deciduous trees. This will provide for a year round screen. • Proffer 6.1 is an escalator clause which has been added to ensure that any monetary contributions made to the County after 30 months from the date of final rezoning will be adjusted for inflation per the Consumer Price Index. • Minor changes to additional proffers that previously made reference to the East -West Connector Roadway being located on the property. The two scenario approach will give the Planning Commission flexibility in deciding which transportation alternative best addresses transportation needs in this area of Frederick County. I have also attached a CD containing a PowerPoint presentation we would like to use at this evening's meeting which includes a location map as well as the revised GDP and Exhibit A for both proffer statement alternatives. Please do not hesitate to contact me should you have any questions. Sincerely, Patton Hams Rust Asso fates Patrick R. Sowers Enclosure 0 0 PROPOSED PROFFER STATEMENT — ALTERNATIVE l REZONING: RZ. # Rural Areas (RA) to Light Industrial (M1) PROPERTY: 58.7 acres + / -; Tax Map Parcels 75 -A -1 [the "Property"] RECORD OWNER: Venture I of Winchester, LLC APPLICANT: Venture I of Winchester, LLC PROJECT NAME: Artillery Business Center ORIGINAL DATE OF PROFFERS: December 26, 2006 REVISION DATE(S): 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 8/1/07; 8/17/07; 9/14/07; 9/19/07; 9/21/07; 10/9/07; 11/5/07; 11 /6/07;11/15/07;12 /21/07;1/15/07 The undersigned hereby proffers that the use and development of the subject property ( "Property "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised January 15, 2008 (the "GDP "), and shall include the following: 1. Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for general government purposes upon issuance of the first building permit. 1 of 5 Proffer Statement 0 Artillery Business Center 1.4 The Applicant shall contribute to the County of Frederick the sum of $250,000.00 for the design and /or construction of the future East -West Collector Road or for any other transportation improvements as deemed necessary by Frederick County and VDOT. Said monetary contribution shall be made within 60 days of issuance of the first Certificate of Occupancy for any structure located on the Property. 2. Site Development 2.1 The Applicant shall dedicate 40 feet of right of way for Shady Elm road along the Property frontage as depicted on the GDP prior to issuance of the first building permit. Additionally, the Applicant shall widen the existing northbound lane to a total width of 24 feet of pavement as measured from the center line of Shady Elm Road along the Property frontage with Shady Elm Road to provide for a continuous right turn lane along the Property frontage with Shady Elm Road. Direct access to the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as shown on the GDP. The Applicant shall provide a double stripe lane marking for the centerline of Shady Elm Road along the Property frontage with Shady Elm Road (See 1 on GDP) 2.2 The Applicant shall dedicate 80 feet of right of way along the Southern Property boundary in the location depicted on the GDP to accommodate a minimum of 1100 feet of a future East -West Collector Road as depicted on the GDP from Point A to Point B prior to issuance of the first building permit. The Applicant shall design said collector road from Point A to Point B as a Rural 4 Lane Divided (R4D) cross section. The Applicant shall then construct the ultimate two westbound lanes of the roadway for a minimum 1100 feet as shown on the GDP upon any of the following conditions, whichever occurs first: (See 2 on GDP) • Prior to issuance of the fourth building permit for the Property. • Prior to the issuance of a building permit for any structure located in Land Bay 2. • Prior to issuance of a certificate of occupancy for any structure located in Land Bay 1 but with associated land area located in Land Bay 2 as depicted by site plan. • Upon commencement of a bridge as shown on the GDP to facilitate the railroad crossing of the proposed East -West Collector Road. • Prior to December 31, 2013. 2.11 The Applicant shall construct a maximum of two entrances on the portion of the East -West Collector Road constructed by the Applicant as shown on the GDP. 2.2.2 Land Bay 2 as shown on the GDP shall have access via the easternmost entrance located on the portion of the East -West Collector Road constructed by the Applicant as shown on the GDP. 2.3 The Applicant shall construct an internal access road, if necessary to meet the requirements for lot access as identified by 5144 -24C of the Frederick County Code, to serve the Property to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2 of 5 E Proffer Statement Is Artillery Business Center 2.4 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2.5 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). 2.6 The Property shall contain a minimum of three users upon final build -out. 2.7 No warehouse - distribution facility greater than 200,000 square feet shall be constructed on the Property within 5 years of the Date of Final Rezoning. 2.8 Should the County or others obtain the rights to an at grade railroad crossing for the proposed East -VIest Collector Road as identified on the GDP, the Applicant shall fully fund the design of said at grade crossing. 3. Landscape Buffers Hiker /Biker Facilities & Additional Right of Way 3.1 Within the 25 foot parking setback between the proposed right of ways for Shady Elm Road and the East -West collector as required by g 165- 27E(5) of the Frederick County Code, the Applicant shall construct a 10 foot asphalt trail to Department of Recreation Standards. In addition, the Applicant shall provide a densely planted landscape screen as depicted by Exhibit A as revised 1%15/08 consisting of street trees planted 50 feet on center between the proposed right of way and the asphalt trail as well as a double row of evergreen trees with a minimum density of three plants per 10 linear feet and a minimum height of four feet at time of planting located between the proposed trail and any parking areas. 4. Design Standards 4.1 Any building fac fronting Shady Elm Road or the proposed East -West Collector shall be constructed of one or a combination of the following : cast stone, stone, brick, architectural block, glass, wood, dry vit or stucco. 4.2 Freestanding business signs shall be limited to one monument style sign per lot that shall not exceed 20 feet in height. In addition, the Applicant may construct one main entrance /tenant directory sign along either Shady Elm Road or the proposed East -West Collector as a monument style sign that shall not exceed 30 feet in height. 5. Historic Resources 5.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 5.2 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for purposes associated with historic Star Fort prior to issuance of the first building permit. 3of5 Proffer Statement 6. Escalator Clause Artillery Business Center 6.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ( "Board ") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ( "CPI -U ") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non-compounded- SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) 4of5 0 0 Proffer Statement Venture I of Winchester, LLC Date: Citq STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit Artillery Business Center / The foregoing instrument was acknowledged before the this // 1�day of zcf)NU'�`Y 2007, by �,,, g m I ��1 My commissi Notarx Public LILA M. TRI LLETT NOTARY PUBLIC "'r`c` �Ith of Virginia Re_ `35 - 9 97 fission Expire Aug. 31, 2011 5of5 \ \ 40 VW UCATION LAND BAY 'i d i ,/W DEDICATION (Approx. ( 30.0 ocm) (FUTURE RAILROAD CROSSING u 3"1/ / — (\\| »/ GCNF9ALZFD Df_VF�OPMINT PLAN 117 E. Picadilly St. Winche5ter, Virginia 22601 cb ALTE I VOICE: (540) 667-2139 FAX: (540) 665-0493 FPEOL COUNTY, VIRGINIA SHADY ELM ROAD Y HEDGEROW AS REQUIRED PER 105- 27E(11)(e) 1 - 3 TREES PLANTED PER 10 LINEAR FEET (EVERGREEN) PARKING AREA ® ® ® ® ® ® ® ® ® ® ® E'vt�����; STREET TREES 50' ON CENTER 40' RIX DEDICATION & NORTHBOUND LANE IMPROVMENTS EXISTING SHADY ELM ROAD (40' R/WV) 25' PARKING SETBACK (MINIMUM) NOTE - STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED IN ADDITION TO ANY LANDSCAPING OTHERWISE REQUIRED BY ORDINANCE EAST —WEST COLLECTOR ROAD 3' HEDGEROW AS REQUIRED PER l05- 27E(IIJ(aJ 3 TREES PLANTED PER 10 LINEAR FEET (EVERGREEN) PARKING AREA ® ® 1 ® ® ® ® ® ® ®® N l i ,,�;; 1 W� •' T '4 1 , yri'. "JOE,E, SPHAALT TRAIL 80' R/W DEDICATION & ROAD CONSTRUCTION STREET TREES 50' ON CENTER 25' PARKING SETBACK (MINIMUM) NOTE - STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED IN ADDITION TO ANY � LANDSCAPING OTHERWISE REQUIRED BY ORDINANCE ARTILLERY BUSINESS CENTER Patton, Harris, Rust & Associates, pc EXHBIT A 117 E. Picadilly SL Winchester, Virginia 22501 \O o ALTERNATIVE 1 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 �! FREDERICK COUNTY, VIRG /NA 0 0 PROPOSED PROFFER STATEMENT — REZONING: RZ. # Rural Areas (RA) to Light Industrial (Ml) PROPERTY: 58.7 acres + / -; Tax Map Parcels 75 -A -1 [the "Property"] RECORD OWNER: Venture I of Winchester, LLC APPLICANT: Venture I of Winchester, LLC PROJECT NAME: Artillery Business Center ORIGINAL DATE OF PROFFERS: December 26, 2006 REVISION DATE(S): 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 8/1/07; 8/17/07; 9/14/07; 9/19/07; 9/21/07; 10/9/07; 11/5/07; 11 /6/07;11/15/07;12 /21/07;1/15/08 The undersigned hereby proffers that the use and development of the subject property ( "Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced Ml conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include w thin its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised January 15, 2008 (the "GDP "), and shall include the following: 1. Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sun of $2,500.00 for general government purposes upon issuance of the first building permit. 1 of 4 0 Proffer Statement 0 Artillery Business Center 1.4 The Applicant shall contribute to the County of Frederick the total sum of $500,000.00 for the design and /or construction of the future East -West Collector Road or for any other transportation improvements as deemed necessary by Frederick County and VDOT. Said monetary contribution shall be phased according to issuance of certificate of occupancy for structures located on the Property utilizing the following schedule: • Within 60 days of issuance of the first Certificate of Occupancy - $250,000.00 • Within 60 days of issuance of the second Certificate of Occupancy - $125,000.00 • Within 60 days of issuance of the third Certificate of Occupancy - $125,000.00 2. Site Development 21 The Applicant shall dedicate 40 feet of right of way for Shady Ehn road along the Property frontage as depicted on the GDP prior to issuance of the first building permit. Additionally, the Applicant shall widen the existing northbound lane to a total width of 24 feet of pavement as measured from the center line of Shady Elm Road along the Property frontage with Shady Elm Road to provide for a continuous right turn lane along the Property frontage with Shady Elm Road. Direct access to the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as shown on the GDP. The Applicant shall provide a double stripe lane marking for the centerline of Shady Ehn Road along the Property frontage with Shady Elm Road (See 1 on GDP) 2.2 The Applicant shall construct an internal access road, if necessary to meet the requirements for lot access as identified by (144 -24C of the Frederick Cour ly Code, to serve the Property to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.3 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2.4 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). 2.5 The Property shall contain a minimum of three users upon final build -out. 2.6 No warehouse - distribution facility greater than 200,000 square feet shall be constructed on the Property within 5 years of the Date of Final Rezoning. 2.7 Should the County or others obtain the rights to an at grade railroad crossing for the proposed East -West Collector Road as identified on the GDP, the Applicant shall fully fund the design of said at grade crossing. 3. Landscape Buffers Hiker /Biker Facilities & Additional Right of Way Way 3.1 Within the 25 foot parking setback between the proposed right of ways for Shady Elm Road as required by g 165- 27E(5) of the Frederick County Code, the Applicant shall construct a 10 foot asphalt trail to Department of Recreation Standards. In addition, the Applicant shall provide a densely planted landscape screen as depicted by Exhibit A as revised 1/15/08 consisting of street trees planted 50 feet on center between the proposed right of way and the asphalt trail as well as a double row of evergreen trees with a minimum density of three plants per 10 linear feet and a 2of4 0 Proffer Statement is Artillery Business Center minimum height of four feet at time of planting located between the proposed trail and any parking areas. 4. Design Standards 4.1 Any building fagade fronting Shady Elm Road shall be constructed of one or a combination of the following : cast stone, stone, brick, architectural block, glass, wood, dry vit or stucco. 4.2 Freestanding business signs shall be ]united to one monument style sign per lot that shall not exceed 20 feet in height. In addition, the Applicant may construct one main entrance /tenant directory sign along either Shady Elm Road as a monument style sign that shall not exceed 30 feet in height. 5. Historic Resources 5.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County, Planning Staff and shall be completed prior to demolition of any buildings located on, the Property. 5.2 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for purposes associated with historic Star Fort prior to issuance of the first building permit. ' 6. Escalator Clause 6.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board ") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (`CPI -U ") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non - compounded. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) 3of4 0 Proffer Statement Venture I of Winchester, LLC $y: l Date: Lr jj STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: 0 Artillery Business Center The foregoing instrument was acknowledged before me this 2007, by 4 s l 9, 1 l fCe,-ne_c LILA M. TRIPLET My commission ex 'g ires NOTARY PUB I Notary Public I /n ny ( & 1 ommonwealth n9 of Virgil R � 31, 2011 4of4 ' TION ROAD W BUFFER LANDS , I N . ..... . Po' 4 & 10' tR -j O. f 0 FUTU SHADY EL,,M/R0QJE' I 1,-CONNECIOR ROAD (BY,OlHERS) FUTURE ,RAILROAD CIRO5SIN�G % // O / / 0 AlUILERY BUSINESS CENTER Patton, Harris, Rost & Associates, pc DEVELOPMENT PLAN 'ENEII?ALZED OEVE 117 E. Picaddly St. Winchester, Virginia 22601 V - 2 A Z TERNA T1 Vf VOICE: (540) 667-2139 FAX: (540) 665-0493 FRZ COUNTY, VIRGINIA SHADY ELM ROAD 3' HEDGEROW AS REQUIRED PER 165- 27E(llJ(eJ ... 3 TREES PLANTED PER 10 LINEAR FEET (EVERCREEN) PARKING AREA ® ® ® ® ® ® ® ® ® ® ® 9SPHALT `— STREET TREES 50' ON CENTER 40' R/W DEDICATION & NORTHBOUND LANE IMPROVAfENTS EXISTING SHADY ELM ROAD (40' R /W) I 25' PARKING SETBACK (IHNIMUM) I NOTE STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED IN ADDITION TO ANY LANDSCAPING OTHERWISE REQUIRED BY ORDINANCE ARTILLERY BUSINESS CENTER Patton, Harris Rust & Associates, pc EXHIBIT A 117 E. Picadilly St Winchester, Virginia 22601 \O ALTERNATIVE 2 VOICE (540) 667 -2139 FAX: (540) 665 -0493 V FREDERICK COUNTY, VIRGINIA • REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): • PROPOSED PROFFER STATEMENT RZ. # Rural Areas (RA) to Light Industrial (M1) 58.7 acres + / -; Tax Map Parcels 75 -A -I [the "Property "] Venture I of Winchester, LLC Venture I of Winchester, LLC Artillery Business Center December 26, 2006 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 8/1/07; 8/17/07; 9/14/07; 9/19/07; 9/21/07; 10/9/07; 11/5/07; 11/6/07 The undersigned hereby proffers that the use and development of the subject property (`Property "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ( "Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised November 6, 2007 (the "GDP "), and shall include the following: Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriffs office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for general government purposes upon issuance of the first building permit. 1 of 4 F4 p . Proffer Statement ArtillerT Business Center 1.4 The Applicant shall contribute to the County of Frederick the sum of $25,000.00 for the design and /or construction of the future Shad Elm -Route 11 connector road or for any other transportation improvements as deemed necessary by Frederick County and VDOT upon issuance of the first building permit. 1.5 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for purposes associated with historic Star Fort prior to issuance of the first building permit. 2. Site Development 2.1 The Applicant shall dedicate 40 feet of right of way from the center line of existing Shady Ehn road along the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for any building on site. Additionally, the Applicant shall widen the existing northbound lane to a total width of 24 feet of pavement as treasured from the center line of Shady Elm Road along the Property frontage with Shady Elm Road to provide for a continuous right turn lane along the Property frontage with Shady Elm Road. Direct access to the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as shown on the GDP. (See 1 on GDP) 2.2 The Applicant shall dedicate 80 feet of right of way along the Southern Property boundary in the location depicted on the GDP to accommodate a minimum of 1100 feet of a future East -West Collector Road prior to issuance of a certificate of occupancy for any building on site. The Applicant shall design said collector road from Point A to Point B as a Rural 4 Lane Divided (R4D) cross section. The Applicant shall then construct the ultimate two westbound lanes of the roadway for a minimum 1100 feet as shown on the GDP prior to issuance of the fourth building permit for the Property or the issuance of a building permit for any structure located in Land Bay 2 as shown on the GDP. In the event that a structure is proposed in Land Bay 1 but includes area within Land Bay 2 as depicted by site plan, the Applicant shall be responsible for constructing the 1100 feet of roadway as identified above prior to issuance of a certificate of occupancy for said structure. In the event that construction commences of a bridge as shown on the GDP to facilitate the railroad crossing for the collector road, the Applicant shall construct the 1100 feet of the ultimate two westbound lanes of the collector road as shown on the GDP. The Applicant shall construct a maximum of two entrances on the portion of the collector road constructed by the Applicant as shown on the GDP. (See 2 on GDP) 2.2.1 Should any conditions specified in Proffer 2.2 requiring the construction of 1100 feet of the two ultimate westbound lanes of the future East -West Collector Road not occur, the Applicant shall construct said improvement prior to December 31, 2013. 2.2.2 Land Bay 2 as shown on the GDP shall have access via the easternmost entrance located on the portion of the East -West Collector Road constructed by the Applicant as shown on the GDP. 2of4 Proffer Statement Artiller y Business Censer 2 _.3 The Applicant shall enter into a signalization agreement with VDOT for an amount of up to $200,000.00 for the construction of a traffic signal at any intersection within the vicinity of the site as deemed necessar by Frederick County and VDOT. Said traffic signal shall be installed within 180 days of written notification from Frederick County and VDOT. 2.4 The Applicant shall construct an internal access road, if necessary, to serve the Property to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.5 Street trees shall be located a maximum of 50 feet on center along the Property frontage with Shady Elm Road, the 1100' of the proposed cast -west collector road and both sides of any internal public access road that may be constructed.. 2.6 A gcotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2.7 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). 2.8 Freestanding business signs shall be limited to one monument style 'sign per lot that shall not exceed 20 feet in height. In addition, the Applicant may construct one main entrance /tenant directory sign along either Shady Elm Road or the proposed East -West Collector as a monument style sign that shall not exceed 30 feet in height. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE (S) 3 of 4 . r Proffer Statement Venture I of Winchester, LLC By: Date: STATE OF VIRGINLA, AT LARGE FREDERICK COUNTY, To -wit 9 Artillery Business Center The foregoing instrument was acknowledged before me this day of 2007, by D41 commission expires Notary Public 4of4 i i f 0' R W -0ICATION =--� 1 i� � & ROAD WI NINO STREET TR S; \j LAND ,BAY - 1 (Appmz. 28.7 acres) \e )NSTRUCTION OF 1100:.2 LANE R a :C 1 i ti v ARTILLERY BUSINESS CENTER Patton, Harris, Rust & Associates, pc p` % u V v GENERALIZED DET FLOPMENT PLAN 117 E. Picadily St wncWer, Virginia 22601 p v 4 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 FREDERICK COUNTY, WG /MA Patton Harris Rust & Associates • Engineers. Surveyors. Planners. Landscape Architects. yn;i P"117 117 East Piccadilly Street I l Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mike Ruddy Organization /Company: Frederick Couna Planning From: Patrick Sowers Date: November 16, 2007 Project Name /Subject: Artillery Business Center Please find attached a revised proffer statement, revised generalized development plan, and proffered exhibit all dated November 15, 2007 for the Artillery Business Center Rezoning Application. The revisions are intended to satisfy concerns expressed by members of the Planning Commission, Planning Staff, and residents of nearby properties that spoke during the November 7ffi Public Hearing. The revisions include the following: 1. Proffer 2.1 has been revised to state that the Applicant shall proffer 20' of right of way ac loss the Shady Elm Road property frontage. This provides the same amount of right of way as the previous proffer which read 40' from the road centerline but describes more clearly the amount of land being dedicated in addi ion to the right of way already in existence. I I 2. Proffer 2.2 has been re- written to provide the triggers for the construction of the East -West Collector Road in a bulleted format. This should aid the review process and clarify the Applicant's intent. 3. Proffer 2.3 has been revised to give the County and VDOT the option for the construction of a traffic signal at any intersection in the vicinity of the site or an equivalent cash proffer of $200,000.00 for general transportation VI DOT This will provide greater flexibility for the County and VOT in addressing transportation issues. 4. Proffer 2.7 has been added which requires a minimum of 3 users upon final build -out. This proffer is intended to address concerns of Planning Commissioners as to the scale and potential type of end user for the site. 5. Proffer 3.1 has been revised to provide a 20' distance buffer that is in addition to the 20' right of way being dedicated along Shady Elm Road. This 20' distance buffer will provide viewshed impacts but the proffer is also worded to allow the buffer area to be dedicated as public right of way if need be. If thislarea were taken for right of way purposes in addition to the right of way already proffered, the Applicant would be providing the full 80' of right of way needed for Shady Elm Road's ultimate build -out without the need for additional right of way from other properties on the opposite side of Shady Elm Road. 6. Proffer 3.1 also provides for additional screening and hiker /biker trail accommodations along Shady Elm Road within a 15' landscape easement between the 20' distance buffer and any future parking areas located on the Property. The Applicant has now proffered street trees every 50 feet with ornamental trees spaced 10 feet apart between the street trees. With the addition of the hedgerow required by ordinance, this will provide for an attractive screening element that will improve the aesthetics of Shady Elm Road. Exhibit A depicts the proffered buffer /landscape /trail improvements for Shady Elm Road and the East -West Collector. 7. Proffer 3.2 provides for identical landscaping and hiker /biker trail elements along the East -West Collector excluding the additional 20' distance buffer as the Applicant is already proffering the full 80' right of way needed to accommodate the future major collector roadway. Exhibit A depicts these improvements as well. 8. Proffer 4.1 ensures that any building facades shall incorporate one or a combination of high quality construction materials into any fa4ade fronting Shady Elm Road or the East -West Collector. 9. In addition to the $5,000.00 monetary contribution for improvements at Star Fort, the Applicant has proffered to complete a survey for historic structures on the Property using guidelines established by the Department of Historic Resources to address impacts to historic resources by the proposed rezoning. As always, please feel free to call with any questions you may have. Thank you. PRS 0 13 5 � � - �S CCOnAS PROPOSED PROFFER STATEMENT REZONING: RZ. # G9 -0�1 Rural Areas (RA) to Light Industrial (Ml) PROPERTY: 58.7 acres Tax Map Parcels 75 -A -1 [the "Property "] RECORD OWNER: Venture I of Winchester, LLC APPLICANT: Venture 1 of Winchester, LLC PROJECT NAME: Artillery Business Center ORIGINAL DATE OF PROFFERS: December 26, 2006 REVISION DATE(S): 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5; 1/07; 5/24/07; 6/28/07; 8/1/07; 8/17/07; 9/14/07;9/19/07;9 /21/07;10/9/07 The undersigned hereby proffers that the use and development of the subject property (`Property "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant (`Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised October 5, 2007 (the "GDP "), and shall include the following: Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriffs office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for general government purposes upon issuance of the first building permit. 1 of 3 Proffer Statement 0 . Artillery Business Center 2. Site Development 2.1 The Applicant shall dedicate 40 feet of right of way from the center line of existing Shady Elm road along the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for any building on site. Additionally, the Applicant shall widen the existing northbound lane to a total width of 24 feet of pavement as measured from the center line of Shady Elm Road along the Property frontage with Shady Elm Road. Direct access to the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as shown on the GDP. (See 1 on GDP) 2.2 The Applicant shall dedicate 80 feet of right of way along the Southern Property boundary in the location depicted on the GDP to accommodate a minimum of 1100 feet of a future East -West Collector Road prior to issuance ofj a certificate of occupancy for any building on site. The Applicant shall design said collector road from Point A to Point B and from Point C to Point D as a Rural 14 Lane Divided (R4D) cross section to connect with proposed Renaissance Drive as shown on the GDP. The design shall incorporate a vertical and horizontal alignment that will accommodate a future bridge over the Railroad from Point B to Point C as depicted on the GDP. The Applicant shall then construct the ultimate two westbound lanes of the roadway for a minim 1100 feet as shown on the GDP prior to issuance of the fourth building permit for the Property. In the event that construction commences of a bridge as shown on the GDP to facilitate the railroad crossing for the collector road, the Applicant shall construct the 1100 foot R2 roadway as shown on the GDP. The Applicant shall construct a maximum of two entrances on the portion of the collector road constructed by the Applicant as shown on the GDP. (See 2 on GDP) 2.3 The Applicant shall contribute to the County of Frederick the sum of $50,000 for design and /or construction of a bridge over the railroad as depicted from Point B to Point C on the GDP or for any other general transportation improvements as may be decided by the County. Said monetary contribution shall be made within 90 days of issuance of the first certificate of occupancy for any building on site. 2.4 The Applicant shall construct an internal access road, if necessary, to serve the Property to Virginia Department of Transportation standards with a minim pavement width of 26 feet. 2.5 Street trees shall be located a maximum of 50 feet on center along the Property frontage with Shady Elm Road, the 1100' of the proposed east -west collector road and both sides of any internal public access road that may be constructed.. 2.6 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2.7 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). 2.8 Freestanding business signs shall be limited to one monument style sign per lot that shall not exceed 20 feet in height. In addition, the Applicant may construct one main entrance /tenant directory sign along either Shady Elm Road or the proposed East -West Collector as a monument style sign that shall not exceed 30 feet in height. 2of3 Proffer Statement • Artillery ,ess Center Venture I of Winchester, LLC, By. 1 �C`NUS� Ilu a .7415 -c9 Date: C)r—pb.,h Lk 11, l-o — 7 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-wit: ,, t The forego rastrurnent was acknowledged before me this dayof , 2007, by A; 42 favor My commissi expires 3 ) ' - ee) I Notary Public l aA Pq 'Tn n le 44 3 3 5 I9 2 3of3 MUOU, I' J I I L 44 - b � W n o 0 80-. R/W DE CATION CONSTRUC710 F MiNIMU I I Db',, 2 LANE ROADW FUTURE SHADY FLM/ROOE/ 11/ CONNECTOR ROAD 'b BVbTHEkS) r BY APPLICANT`& CONSTRUCTE (DESIGNED FUTURE BRIDGE 'ZI/0 A RTILLERY BUSINESS CEIV7-1-1? Patton, Harris, Rust & Associates, pc II` o CEMERALIZI - D DfW PLAN 117 E. Ficadilly Si. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, VIRGINIA PROPOSED PROFFER STATEMENT REZONING: RZ. # 08 -0`1 Rural Areas (RA) to Light Industrial (M1) PROPERTY: 58.7 acres + / -; Tax Map Parcels 75 -A -1 [the "Property "] RECORD OWNER: Venture I of Winchester, LLC APPLICANT: Venture I of Winchester, LLC PROJECT NAME: Artillery Business Center ORIGINAL DATE OF PROFFERS: December 26, 2006 REVISION DATE(S): 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 8/1/07; 8/17/07; 9/14/07; 9/19/07; 9 /21/07; 10/9/07 The undersigned hereby proffers that the use and development of the iubject property ( "Property "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced MI conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in' interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised October 5, 2007 (the "GDP "), and shall include the following: Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes upon issuance of the fast building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for general government purposes upon issuance of the first building permit. 1 of 3 Proffer Statement 9 40 Artillery Business Censer 2. Site Development 2.1 The Applicant shall dedicate 40 feet of right of way from the center line of existing Shady Elm road along the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for any building on site. Additionally, the Applicant shall widen the existing northbound lane to a total width of 24 feet of pavement as measured from the center line of Shady Elm Road along the Property frontage with Shady Elm Road. Direct access to the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as shown on the GDP. (See I on GDP) 2.2 The Applicant shall dedicate 80 feet of right of way along the Southern Property boundary in the location depicted on the GDP to accommodate a minimum of 1100 feet of a future East -West Collector Road prior to issuance of a certificate of occupancy for any building on site. The Applicant shall design said collector road from Point A to Point B and from Point C to Point D as a Rural 4 Lane Divided (R4D) cross section to connect with proposed Renaissance Drive as shown on the GDP. The design shall incorporate a vertical and horizontal alignment that will accommodate a future bridge over the Railroad from Point B to Point C as depicted on the GDP. The Applicant shall then construct the ultimate two westbound lanes of the roadway for a minimum 1100 feet as shown on the GDP prior to issuance of the fourth building permit for the Property. In the event that construction commences of a bridge as shown on the GDP to facilitate the railroad crossing for the collector road, the Applicant shall construct the 1100 foot R2 roadway as shown on the GDP. The Applicant shall construct a maximum of two entrances on the portion of the collector road constructed by the Applicant as shown on the GDP. (See 2 on GDP) 2.3 The Applicant shall contribute to the County of Frederick the sum of $50,000 for design and /or construction of a bridge over the railroad as depicted from Point 13 to Point C on the GDP or for any other general transportation improvements as may be decided by the County. Said monetary contribution shall be made within 90 days of issuance of the first certificate of occupancy for any building on site. 2.4 The Applicant shall construct an internal access road, if necessary, to serve the Property to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.5 Street trees shall be located a maximum of 50 feet on center along the Property frontage with Shady Elm Road, the 1100' of the proposed cast -west collector road and both sides of any internal public access road that may be constructed.. 2.6 A gcotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2.7 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). 2.8 Freestanding business signs shall be limited to one monument style sign per lot that shall not exceed 20 feet in height. In addition, the Applicant may construct one main entrance /tenant directory sign along either Shady Elm Road or the proposed East -West Collector as a monument style sign that shall not exceed 30 feet in height. 2 of Proffer Statement Artillery 4tess Center Venture I of Winchester, LLC, By. A ' ' W46' inc¢.�t6cfrt Date: v Vr-P& ti cS1 1 , ZOU - f STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit The foregoingg�mnv srnen 2007, by PAi4¢ t was acknowledged before me this day of � , I�lfhV l.� _ - , °- ,',Myconuussionexpires /'tqu.gli ZD)I 3 of 3 STREET PEES. _ \l_,:Z' ' O BRIDGE S KI ^wcF P' 71 ARTILLERY BUSINESS CENTER Patton, Harris, Rust & Associates, pc C GENERALIZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601 O O 4 VOICE'. (540) 667 -2139 FAX: (540) 665 -0493 FREDERICK COUN7Y, WRCINIA PROPOSED PROFFER STATEMENT REZONING: RZ. # Rural Areas (RA) to Light Industrial (M1) PROPERTY: 58.7 acres + / -; Tax Map Parcels 75 -A -1 [the "Property "] RECORD OWNER: Venture I of Winchester, LLC APPLICANT: Venture I of Winchester, LLC PROJECT NAME: Artillery Business Center ORIGINAL. DATE OF PROFFERS: December 26, 2006 REVISION DATE(S): 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 8/1/07; 8/17/07; 9/14/07; 9/19/07; 9/21/07 i The undersigned hereby proffers that the use and development of the subject property (`Property "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant (`Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The hcadings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised September 21, 2007 (the "GDP "), and shall include the following: Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for fine and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of S2,500.00 for general government purposes upon issuance of the fist building permit. 1 of l Proffer Stntentem • • Arlillery Business Center 1.4 The Applicant shall contribute to the County of Frederick the sum of $20,000.00 for the design and /or construction of a bridge that will facilitate that connection of a connector road between Shady Elm Road and Route 11 upon issuance of the first building permit. (See 1 on GDP) 2. Site Development 2.1 The Applicant shall dedicate 40 feet of right of way from the center line of cxisdng Shady Elm road along the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for any building on site. 2.2 The Applicant shall dedicate 50 feet of right of way along the Southern Property boundary in the location depicted on the GDP to accommodate a minimum of 1100 feet of a future cast -west collector road prior to issuance of a certificate of occupancy for any building on site. The Applicant shall construct the aforementioned road as a two lane rural undivided (R2) cross- section as needed to serve the site. In the event that construction commences of a bridge as shown on the GDP to facilitate the railroad crossing for the collector road, the Applicant shall construct the 1100 foot R2 roadway as shown on the GDP. Entrances to said roadway shall be located a minimum of 400 feet apart. (See 2 on GDP) 2.2.1 In the event that construction of the aforementioned bridge has not commenced within 10 years from the date of fmal rezoning, the Applicant may, at the discretion of the Applicant, contribute to the County the sum of $200,000 adjusted for inflation per the Urban Consumer Price Index ("CPI - U"), published by the United States Department of Labor, and the Applicant shall not be responsible for the construction of the collector roadway. If the Applicant elects not to contribute the aforementioned voluntary proffer, then the Applicant shall remain responsible for the construction of a minimum 1100 feet of the proposed collector roadway as outlined in Proffer 2.2. 2.3 The Applicant shall construct an internal access road, if necessary, to serve the Property to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet on center along both sides of any internal access roads. Said street trees shall be planted prior to issuance of a certificate of occupancy for any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any strictures prior to site plan approval. 2.6 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 of3 ,• Proffer Stalenrent • Venture I c, W chester, LLC, By: 'Or( ',�LMAA A A 42 Dat( : STATE OF VIRGINIA, AT LARGE_ FREDERICh COUNTY, To -wit: • Artillery Business Center The f�oregoing in trument was acknowledged before me this day of - b er 2007, My commission ex Tres / C) S// 3) /Zo'e+ I = Notary Public 4 7trA!' - 3 of') �a --- --------- /W DED'ICATIO'14, 'FROM CL OF SHADY ELM RD ,- "SITF 4 ,50' R/W'DEDICAAT16N 4 R 0 CO ST ' >2ROA CONSTRUCTION' IE BRIDGE 0 04 Z:� I ti ARTILLERY BUSINESS CENTER po Jon, Hams, Rust & Assoclotes, pc GENERALIZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22501 (b V OICE: (540) 567-2139 FAX: (540) 665-0493 FREDERICK COUNTY, . WRCI&M PROPOSED PROFFER STATEMENT REZONING: RZ. # Rural Areas (RA) to Light Industrial (M1) PROPERTY: 58.7 acres +/ Tax Map Parcels 75 -A -1 [the "Property "] RECORD OWNER: Venture I of Winchester, LLC APPLICANT: Venture I of Winchester, LLC PROJECT NAME: Artillery Business Center ORIGINAL DATE OF PROFFERS: December 26, 2006 REVISION DATE(S): 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 7/3/07 The undersigned hereby proffers that the use and development of the subject property (`Property "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced Ml conditional rezoning is not granted as applied for by the applicant (`Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers ate contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised June 28, 2007 (the "GDP "), and shall include the following: Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for general government purposes upon issuance of the first building permit. 1 of 3 Proffer Statement 0 0 2. Site Development 2.1 The Applicant shall dedicate 45 feet of right of way from the center line of existing Shady Elm road along the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for any building on site. 2.2 The Applicant shall dedicate 50 feet of right of way along the Southern Property boundary as depicted on the GDP to accommodate a future east -west collector road prior to issuance of a certificate of occupancy for any building on site. The Applicant shall construct said collector road as a two lane rural undivided (R2) cross - section as needed to provide access to the site in the location shown on the GDP. At such time that construction commences of a bridge as shown on the GDP to facilitate the railroad crossing east and adjacent to the Property, the Applicant shall construct the collector roadway to the Eastern Property Boundary to align with the bridge. Entrances to said roadway will be located a minimum of 400 feet apart. 2.3 The Applicant shall construct an internal access road, if necessary, to serve the Property to Virginia Department of Transportation standards with a minim pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet on center along both sides of any internal access roads. Said street trees shall be planted prior to issuance of a certificate of occupancy for any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2.6 Development of the Property shall not exceed a 0.25 Floor Area Ratio (FAR). SIGNATURES APPEAR ON THE FOLLOWING PAGES 2of3 • • Proffer Statement 0 0 Venture I ciff Winchester, LLC, By: /a6*t Date: g 1-,00 7 SPATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Lynch — Shady Elm Property f ri1 : The egoing instrument was acknowledged before me this day of _ x '^ ,( zoo My commission expires Notary Publi 3 of 3 j L9 O m Foot t of Way Nidotibn ,' Ti C/L o xisting-Shadvjlm Rd accomodat tune major (lector r I 0 Site O IWJ ti rn ARTILLERY BUS /NESS CENTER Patton, Harris, Rust & Associates, pc II N °j GENERAL /ZED DEVELOPMENT PLAN 117 E. Picadilly St. wnchester, Virginia 22601 a VOICE: (540) 667 -2139 FAX: (540) 665 -0493 FREDERICK COUNTY, WRGIN14 III. PROPOSED PROFFER STATEMENT