HomeMy WebLinkAbout12-08 Proffer StatementiP a
PROPOSED PROFFER STATEMENT
REZONING: RZ # J q - OF
Residential Performance (RP) to Business General (B2)
PROPERTY: 3.1 acre + / -; Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A,
54F -3 -Al, and 54F -3 -A2 (the "Property")
RECORD OWNER: Eastside Holdings, LLC
APPLICANT: Eastside Holdings, LLC
PROJECT NAME: Walgreens - Dairy Corner Place
ORIGINAL DATE
OF PROFFERS: September 4, 2008
REVISION DATE (S): October 10, 2008; October 15, 2008; October 21, 2008;
October 22, 2008; November 5, 2008; November 6, 2008;
November 21, 2008; November 25, 2008
The undersigned hereby proffers that the use and development of the subject property
( "Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced B2 conditional rezoning is not granted as applied for by the applicant ( "Applicant "),
these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last day upon which the Frederick County Board of County
Supervisors (the "Board ") decision granting the rezoning may be contested in the appropriate court.
If the Board's decision is contested, and the Applicant elects not to submit development plans until
such contest is resolved, the term rezoning shall include the day following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal. The term "Applicant" as referenced
herein shall include within its meaning all future owners and successors in interest. When used in
these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized
Development Plan, Walgreens - Dairy Corner Place" dated September 4, 2008 revised November
25, 2008 (the "GDP "), and shall include the following:
1. Site Development
1.1 Development of the Property shall be limited to a pharmacy and /or office uses.
Pharmacy uses shall be limited to a maximum building floor area of 15,000 square
feet. Office uses shall be limited a maximum building floor area of 10,000 square
feet.
1.2 The Property shall be developed in substantial conformance with the GDP.
Proffer Statement 10119reens — Dairy Corner Place
1.3 Access to the Property shall be limited to one entrance on Valley Mill Road as well as
one entrance on Dairy Comer Place in substantial conformance with the locations
depicted on the GDP. (See lA and 1B on the GDP)
1.4 Prior to issuance of a certificate of occupancy for any building constructed on the
Property, the Applicant shall provide an inter- parcel connector for access to and
from the area located east of the Property in substantial conformance with the
location depicted on the GDP. (See 2 on the GDP)
1.5 The Applicant shall design and construct all improvements necessary to provide two
left turn lanes and a shared right /thru lane for northbound Valley Mill Road at the
intersection of Valley Mill Road and Route 7 as depicted on the GDP. Said
improvement shall be made prior to issuance of a certificate of occupancy for any
building constructed on the Property and shall be subject to review and approval by
the Virginia Department of Transportation (VDOT). (See 3 on the GDP)
1.6 The Applicant shall design and construct a left turn lane for the project entrance on
Valley Mill Road as depicted on the GDP prior to issuance of a certificate of
occupancy for any building constructed on the Property. Said design shall be subject
to review and approval by VDOT. (See 4 on the GDP)
1.7 If permitted by Frederick County and VDOT, the Applicant shall close the existing
access from Dairy Corner Place to Valley Mill Road as depicted on the GDP. The
Applicant shall complete said road closure within 180 days of receiving written
notice from Frederick County and VDOT. In the event the Applicant does not
receive written notification from Frederick County and VDOT within 5 years from
the date of final rezoning to request the closure of said roadway, then the Applicant
shall no longer be responsible for said improvement. (See 5 on the GDP)
1.8 The Applicant shall dedicate 10 feet of right of way across the Property frontage
with Valley Mill Road prior to issuance of a certificate of occupancy for any building
constructed on the Property. (See 6 on GDP)
1.9 The Applicant shall construct a 10' asphalt hiker /biker trail to VDOT standards
along the Property frontage with Valley Mill Road concurrent with the road
improvements identified in Proffer 1.4. (See 7 on GDP)
1.10 Prior to site plan approval, the Applicant shall obtain any easements necessary to
provide adequate sight distance as required by VDOT.
1.11 The Applicant shall improve the intersection of Martin Drive and Dairy Comer
Place as required by VDOT for site plan approval. Said improvements shall be
constructed prior to issuance of a certificate of occupancy for any building
constructed on the Property. (See 8 on GDP)
1.12 In the event the existing right of way for Dairy Comer Place is utilized for
improvements to the Route 7 corridor, the Applicant shall not object to
modifications by VDOT to the proposed site access to Dairy Comer Place as
depicted on the GDP. (See 1B on GDP)
Page 2 of
Proffer Statement
Design Standards
9 9reens — Dairy Corner Place
2.1 Any structure erected on the Property shall be constructed using one or a
combination of the following : cast stone, stone, brick, architectural block, dry vit or
stucco. Additionally, dumpster pad screen walls shall be constructed of the same
masonrymaterial(s) used for building construction.
2.2 Site lighting shall utilize full cut -off luminaries to minimiz impacts to adjacent
properties.
3. Monetary Contribution to Offset Impact of Development
3.1 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to
Frederick County for fire and rescue purposes. Said contribution shall be made prior
to issuance of a building permit for the Property.
3.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to
Frederick County for Sheriff's Office purposes. Said contribution shall be made
prior to issuance of a building permit for the Property.
3.3 The Applicant shall contribute the amount of ten thousand dollars ($10,000.00) to
Frederick County for transportation improvements within the general vicinity of the
Property. Said contribution shall be made prior to issuance of a certificate of
occupancy for any building constructed on the Property.
4. Escalator Clause
4.1 In the event the monetary contributions set forth in the Proffer Statement are paid
to Frederick County within 30 months of the approval of this rezoning, as applied
for by the Applicant, said contributions shall be in the amounts as stated herein.
Any monetary contributions set forth in the Proffer Statement which are paid to the
Frederick County after 30 months following the approval of this rezoning shall be
adjusted in accordance with the Urban Consumer Price Index ( "CPI -U") published
by the United States Department of Labor, such that at the time contributions are
paid, they shall be adjusted by the percentage change in the CPI -U from that date 30
months after the approval of this rezoning to the most recently available CPI -U to
the date the contributions are paid, subject to a cap of 6% per year, non -
compounded.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 3 of 4
Proffer Statement
Respectfully submitted,
Eastside Hold" gs, LLC
By
Date:
T
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
V lgreens — Dairy Corner Place
The �fo instrumen was acknowledged before me this day of
2008,by I Z2! I A ,?
My commissionexpir s
Notary Publi
LILA M. TRIPLETT
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #335897
My Commission Expires Aug. 31, 2011
Page 4 of 4
Patton Harris Rust & Associates Memorandum
Engineers. Surveyors. Planners. Landscape Architects.
117 East �l 1 P 1540 66 ilniat22601
To: Mike Ruddy, AICP
Organization /Company: Frederick County Planning and Development
From: Patrick Sowets
Date: December 2, 2008
Project Name /Subject: Walgreens — Dairy Comer Place
PHR +A Project file Number: 15824 -1 -0
cc:
Please find attached a signed, notarized copy of the November 25, 2008 Proffer Statement for the Walgreens —
Dairy Corner Place rezoning application.
If you have any questions, please feel free to call me at (540) 667 -2139.
DEC
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GENERALIZED
Patton Harris
Engineers. Surveyors.
Rust 8 Assoclatea,po
Planners. Landscape Architects.
DATE SEPT.
M
4, 2008
DAIRY ORNER PLACE
DEVELOPMENT PLAN
P Rn
7�'y7
117 Eo„ Plccolilly Street
;'Sheste, 2
SCAL u
1^ -30
CKT. No.
SHEET
RED BUD MAGISTERIAL DISTRICT
+ +
P snD- 665 -oa93
1 OF 1
FREDERICK COUNTY. VIRGINIA
0 •
PROPOSED PROFFER STATEMENT
REZONING:
RZ N.
Residential Performance (RP) to Business General (B2)
PROPERTY:
3.1 acre + / -; Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A,
54F -3 -Al, and 54F -3 -A2 (the "Property')
RECORD OWNER:
Eastside Holdings, LLC
APPLICANT:
Eastside Holdings, LLC
PROJECT NAME:
Walgreens - Dairy Corner Place
ORIGINAL DATE
OF PROFFERS:
September 4, 2008
REVISION DATE (S):
October 10, 2008; October 15, 2008; October 21, 2008;
October 22, 2008; November 5, 2008; November 6, 2008;
November 21, 2008
The undersigned hereby proffers that the use and development of the subject property
( "Property'), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced B2 conditional rezoning is not granted as applied for by the applicant ( "Applicant "),
these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last day upon which the Frederick County Board of County
Supervisors (the "Board ") decision granting the rezoning may be contested in the appropriate court.
If the Board's decision is contested, and the Applicant elects not to submit development plans until
such contest is resolved, the term rezoning shall include the day following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal. The term "Applicant" as referenced
herein shall include within its meaning all future owners and successors in interest. When used in
these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized
Development Plan, Walgreens - Dairy Corner Place" dated September 4, 2008 revised October 23,
2008 (the "GDP "), and shall include the following:
1. Site Development
1.1 Development of the Property shall be limited to a pharmacy and/or office uses.
Pharmacy uses shall be limited to a maximum building floor area of 15,000 square
feet. Office uses shall be limited a maximum building floor area of 10,000 square
feet. -
1.2 The Property shall be developed in substantial conformance with the GDP.
Proffer Statement 0 Oalgreens — Dairy Corner Place
1.3 Access to the Property shall be limited to one entrance on Valley Mill Road as well as
one entrance on Dairy Corner Place in substantial conformance with the locations
depicted on the GDP. (See 1 A and 113 on the GDP)
1.4 Prior to issuance of a certificate of occupancy for any building constructed on the
Property, the Applicant shall provide an inter - parcel connector for access to and
from the area located cast of the Property in substantial conformance with the
location depicted on the GDP. (See 2 on the GDP)
1.5 The Applicant shall design and construct all improvements necessary to provide two
left turn lanes and a shared right /thru lane for northbound Valley Mill Road at the
intersection of Valley Mill Road and Route 7 as depicted on the GDP. Said
improvement shall be made prior to issuance of a certificate of occupancy for any
building constructed on the Property and shall be subject to review and approval by
the Virginia Department of Transportation (VDO'I). (See 3 on the GDP)
1.6 The Applicant shall design and construct a left turn lane for the project entrance on
Valley Mill Road as depicted on the GDP prior to issuance of a certificate of
occupancy for any building constructed on the Property. Said design shall be subject
to review and approval by VDOT. (See 4 on the GDP)
1.7 If permitted by Frederick County and VDOT, the Applicant shall close the existing
access from Dairy Corner Place to Valley Mill Road as depicted on the GDP. The
Applicant shall complete said road closure within 180 days of receiving written
notice from Frederick County and VDOT. In the event the Applicant does not
receive written notification from Frederick County and VDOT within 5 years from
the date of final rezoning to request the closure of said roadway, then the Applicant
shall no longer be responsible for said improvement. (See 5 on the GDP)
1.8 The Applicant shall dedicate 10 feet of right of way across the Property frontage
with Valley Mill Road prior to issuance of a certificate of occupancy for any building
constructed on the Property.
1.9 The Applicant shall construct a 10' asphalt hiker /biker trail to VDOT standards
along the Property frontage with Valley Mill Road concurrent with the road
improvements identified in Proffer 1.4.
1.10 Prior to site plan approval, the Applicant shall obtain any easements necessary to
provide adequate site distance as required by VDOT.
1.11 The Applicant shall improve the intersection of Martin Drive and Dairy Corner
Place as required by VDOT for site plan approval. Said improvements shall be
constructed prior to issuance of a certificate of occupancy for any building
constructed on the Property. (See G on GDP)
1.12 In the event the existing right of way for Dairy Corner Place is utilized for
improvements to the Route 7 corridor, the Applicant shall not object to
mod fications by VI to the proposed site access to Dairy Comer Place as
depicted on the GDP.
Page 2 of 4
Proffer Statement
2. Design Standards
0 71greens — Dairy Corner Place
2.1 Any structure erected on the Property shall be constructed using one or a
combination of the following : cast stone, 'stone, brick, architectural block, dry vit or
stucco. Additionally, dumpster pad screen walls shall be constructed of the same
masonry materials) used for building construction.
2.2 Site lighting shall utilize full cut -off luminaries to minimize impacts to adjacent
properties.
3. Monetary Contribution to Offset Impact of Development
3.1 The Applicant shall contribute the amount of one thousand dollars ($1;000.00) to
Frederick County for fire and rescue purposes. Said contribution shall be made prior
to issuance of a building permit for the Property .
3.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to
Frederick County for Sheriff's Office purposes. Said contribution shall be made
prior to issuance of a building permit for the Property.
3.3 The Applicant shall contribute the amount of ten thousand dollars ($10,000.00) to
Frederick County for transportation improvements within the general vicinity of the
Property. Said contribution shall be made prior to issuance of a certificate of
occupancy for any building constructed on the Property.
4. Escalator Clause
4.1 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 30 months after the approval of this rezoning to
the most recently available CPI -U to the date the contributions are paid, subject to a
cap of 6% per year, non - compounded.
SIGNATURES APPEAR ON TIdE FOLLOWING PAGES
Page 3 of 4
Proffer Statement 0
Respectfully submitted,
Eastsidc Holdings, LLC
B y : /,
Date:
STATE OF VIRGINIA, AT LARGE_
FREDERICK COUNTY, To -wit
The foregoing "t, ent was acknowledged before me
2008, by /r �� , ) 7 [1 //
M commission
Notary Public , t
n
*algreens — Dairy Corner Place
this L) day of o /P e 2,
LILA M. TRIPLETT
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #335897
MY Commission Expires Aug. 31, 2011
I>age 4 of