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Home My WebLink About15-08 Proffer Statement0 -AMENDMENT Action: PLANNING COMMISSION: January i 7, 2009 - Recx)mrnended Approval BOARD OF SUPERVISORS: January 28, 2009 U APPROVED J DENIED AN ORDiNAIN`C:E AMENDEI ' � THE Z ONING DISTRICT MAP REZONING 415 -08 OF ADIANIS CC)MVERCIAL, CENTER WHEREAS Rezoning #15 -08 of Adams: omrnercialCetate.r, submit (edbyGreenwavEngineering.to revise proffers dated April 17 2008 with final revision date of Jangarv 2009, associated with Rezoning 902 -05 for 28.10 acres of land zoned B3 (Industrial Transition) was considered. This revision is intended to remove the previously proffered uses on the site. The properly fronts on the west side of Martinsburg Pike (Route 11 'North), opposite the intersection with Stephenson Rod (Rome 664). in the Stonewall Magisterial District. and is identified by Property Identi INmber 44- A -75. WHEREAS. the Planning C:-lmnLss!on hrrdo a p'Jbke 7ec Gl 'r' -::.C?'t't[_SGfl rlg On.7allU L ' 2 and WHE CdEAS, Lhe BCiur Jt Si:peivnV 'S he.f a rrui ilt e u O r � � � l i'Or tllg: TiJanuar 28 ai. WHEREAS, n F1'ederre E: County Boar'J 1in x .. appt3 al of this rez to be :; the best interest of the public health srifety. welfare, and In c:,;tarirsnce with the Comprehensive Policv Plan; NOW, THEREFORE, BE IT ORDAINED by the F:ederi -k County Board ofSL!tw ,;sors th :a1 Chapter 165 of the Frederick County Code, Z.;nin,,.. is amcnc io r vi e the rro *;ors cenr,ernin Rezoning 102 This revision is interde" to rzincr.e the nrvinusl'; proffered u r;: the site, as described'by the application and attached co.ditiors in writing tY'hc applicant and the p,opertl owner. I'D7ts ri0l -29 This ordinance shall be in effect on the date of adoption. Passed this 28th day of January, 2009 by the following recorded vote:. Richard C. Shickle, Chairman Aye Gary A. Lcfton �yz Gary W. Dove A ye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeIaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST D to John Frederick. County Administrator PDkes. 40 1 -09 Greenway Engineering April 17, 2008; Its Development Group, Inc. Rezoning Revised July 29,2008; Revised August 12, 2008; Revised October 1, 2008; Revised December 9, 2008; Revised January 8, 2009 PROPOSED PROFFER STATEMENT REZONING: RZ #15 -08 Industrial Transition District (133) with Proffers to Industrial Transition District (113) with Revised Proffers PROPERTY: 2 8. 10 acres + / -; Tax Parcel #44- ((A)) -75 RECORD OWNER: Adams Development Group, Inc., Robert C. Adams, President APPLICANT: Adams Development Group (here -in after "the Applicant ") PROJECT NAME: Adams Commercial Center ORIGINAL DATE OF PROFFERS: April 17, 2008 REVISION DATE: January 8, 2009 Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #15 -08 for the rezoning of 28.10± acres from the Industrial Transition (133) District with Proffers to the Industrial Transition (B3) District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. Approval of this proffer statement does not eliminate previously approved proffers associated with current Tax Map Parcels 44- ((A)) -75B, 44- ((A))-75C, 44- ((A)) -75D, 44- ((A)) -75E and 44- ((A)) -75F; which were approved under the conditions set forth in RZ #02 -05 approved by the Frederick County Board of Supervisors on April 13, 2005. The subject property, more particularly described as the lands owned by Adams Development Group, Inc. being all of Tax Map Parcel 44- ((A)) -75 and further described by Boundary Survey Plat prepared by Richard A. Edens, L.S., dated April 24, 2007 and recorded as Instrument No. 070007323 (see attached Boundary Survey Plat). File #3949/EAW Greenway Engineering April 17,2008; O's Development Group, Inc. Rezoning Revised July 29,2008; Revised August 12, 2008; Revised October 1, 2008; Revised December 9, 2008; Revised January 8, 2009 A.) Generalized Development Plan The Applicant hereby proffers to develop the 28.10± acre property in substantial conformance with the attached Generalized Development Plan — Adams Rezoning 28.10± Acre property, dated January 8, 2009 and approved as part of the rezoning application. B.) Vehicle Per Day (VPD) and Land Use Restrictions 1.) Conditional Rezoning Application #02 -05 limited traffic generation for permitted land uses to a maximum of 4,603 VPD based on ITE Trip Generation 7 th Edition volumes. The Applicant hereby proffers to restrict development of the 28.10± acre property to an amount to be determined during Site Plan approval, not to exceed a maximum of 2,N0 VPD. The Applicant acknowledges that the maximum 2,900 VPD may be further reduced for the 28.10± acre property should additional development occur on tax parcels 44- ((A)) -75B, 44- ((A)) -75C, 44- ((A))-75D, 44- ((A)) -75E and 44- ((A)) -75F. 2.) The Applicant hereby proffers to prohibit the following B -3 District land uses within 28.10± acre property: ➢ Amusement and recreational services operated indoors ➢ Automotive dealers and gasoline service stations ➢ Drive -in motion picture theaters ➢ Food stores ➢ Local and suburban transit and interurban highway passenger transportation. ➢ Business associations; membership organizations; and labor unions ➢ Model home sales offices ➢ Motor freight transportation, excluding warehousing and storage ➢ Restaurants ➢ Transportation by air ➢ Transportation services ➢ Truck stops C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for the 28.10± acre property and all parcels previously subdivided from tax parcel 44- ((A)) -75. This shared commercial entrance has been constructed to align with the existing File 53949/EAW 2 Greenway Engineering • April 17,2008; 0m, Development Group, Inc. Rezoning Revised July 29,2008; Revised August 12, 2008; Revised October I, 2008; Revised December 9, 2008; Revised January 8, 2009 commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Turn lane — Martinsburg Pike (US Route 11) The Applicant has constructed a right -turn deceleration lane at the entrance on Martinsburg Pike (US Route 11). The Applicant will be responsible for the relocation of the right -turn deceleration lane should this be required as a result of the future Martinsburg Pike transportation plan improvements. 3.) Additional Right -of -way Dedication In the interest of future area transportation plan improvements, the applicant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right -of -way. cn the Martinsburg Pike (US Route 11) frontage of the property. This right -of -way commitment has been initiated by the Applicant through dedication to Frederick County as evident in Deed Instrument No. 050017512. 4.) Corridor Improvements, Signalization In recognition of offsite transportation impacts, the Applicant hereby proffers to contribute a share of the cost of signalization improvements in the area of Interstate - 81 Exit 321. The Virginia Department of Transportation (VDOT) will determine the appropriate location for signalization improvements and will determine when this improvement is warranted. When determined by VDOT, the Applicant will enter into a signalization agreement with VDOT that will provide a one -time contribution towards the cost of signalization in an amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. 5.) Corridor Improvements, Bicycle and Pedestrian Facility The Applicant hereby proffers to construct an asphalt bicycle and pedestrian facility that is 10 feet in width and located within the 20 -foot green strip identified in Section F of this proffer statement. The Applicant shall construct this bicycle and pedestrian facility on the north side of the single shared commercial entrance prior to the issuance of a building occupancy permit for the first site plan on the north side of that entrance, and shall construct this bicycle and pedestrian facility on the south side of the single shared commercial entrance prior to the issuance of a building occupancy permit for the first site plan on the south side of that entrance. No portion of the asphalt bicycle and pedestrian facility will be constructed with the 20 -foot right -of- way dedication area identified in Section C(3) of this proffer statement. 6.) Right -of -Way Reservation The Applicant hereby proffers to reserve a 50 -foot wide strip of land between Yardmaster Court and tax parcel 44 -1 -D to allow for the construction of a future File #3949/EA W 3 Greenway Engineering • April 17,2008; Oms Development Group, Inc. Rezoning Revises) July 29,2008; Revised August 12,2008; Revised October I, 2008; Revised December 9, 2008; Revised January 8, 2009 public street connection by others. The general location of this reservation area shall be provided on the Generalized Development Plan; however, it is recognized that this location can be shifted without the need of conditional zoning approval. All costs associated with establishing this future public street shall be borne by the owner of tax parcel 44 -1 -D, or by others than the Applicant. D.) North Buffer The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one - hundred foot wide Category "C" full screen adjacent to tax parcels 44- ((A)) -76A, 44- ((A)) -76B, 44- ((A)) -76C and 44- ((A))- 76D as depicted on the proffered GDP. E.) South Buffer The applicant hereby proffers to utilize a minimum six foot high fence, rather than earthen berm, as the opaque element within the one - hundred foot wide Category "C" full screen adjacent to tax parcels 44- ((A)) -70, 44- ((A)) -72, 44- ((A)) -73, and 44- ((1)) -D as depicted on the proffered GDP. F.) Corridor Appearance Enhancements The Applicant hereby proffers to enhance the appearance of the Martinsburg Pike (U.S. Route 11) corridor through the implementation of a low -level earth berm and landscaping along the frontage of the subject property. This enhancement will be located within a 20- foot wide green strip that is located immediately adjacent to and on the west side of the dedicated 20 -foot right -of -way strip, which will contain an earth berm that is 2 -feet in height with staggered low -lying shrubs and a single row of deciduous flowering trees that are a minimum of 1 J/2 caliper and planted on 30 -foot centers. This corridor appearance enhancement will be designed to ensure that sight distance is not negatively impacted at the commercial entrance to the subject property, will be developed in substantial conformance with the Corridor Appearance Enhancement Exhibit dated January 8, 2009, and will be installed by the Applicant consistent with the construction of the bicycle and pedestrian facility as described in Section C5 of the proffer statement. G.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above- described property hereby voluntarily proffers that in the event rezoning application #15 -08 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .0151 building square foot File #3949/EA W 4 Greenway Engineering April 17,2008; Quis Development Group, Inc. Rezoning Revised July 29,2008; Revised August 12, 2008; Revised October I, 2008; Revised December 9, 2008; Revised January 8, 2009 This payment is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid prior to issuance of the building occupancy permits. H.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ADAMS DEVELOPENINNT GROUP, INC. By: Z � " / //9 /of Robert C. Adams, President Date Commonwealth of Virginia, City /County of rY C al C d To Wit: The foregoing instrument was acknowledged before me this I9 day of 20 09 by Z � E- C- � (\S QQ � 3(s7la �9 \ otary Public My Commission Expires, } $1 ZUO Y File Jt3949 /EAW 73 ®: W AL� 5 LL \r l N \ o z I m 0 r~( m >! r i `� SrRia \ \ y�, J/ 1 z v s A Z A rri A REVISION A m C) D D 3 z E5 ZT1ZN v T 4 cn N 0 L1 v q o m b ; v s - GENERALIZED DEVELOPMENT PLAN ADAMS REZONING a 28.10 ACRE PROPERTY ± B3 INDUSTRIAL TRANSITION STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VA y o� � o n m -,�„ r^ "Jyy �� f R " DATE REVISION � 'eiei°i '°' i S. ' �° GREENWlAV ENIGIN 51 n.a, „w � , l mheste Virglvie 22502 Tele 540- 882 -4185 FA% 540— gmen 2 engx � eree �� JOe eem Greenway Engineering April 17, 2008 Revised July 29,2008 Revised August 12, 2008 October 1, 2008 December 9, 2008 0 Adams Development Group, Inc, Rezoning PROPOSED PROFFER STATEMENT REZONING: RZ# /5 S ag Industrial Transition District (B3) with Proffers to Industrial Transition District (B3) with Revised Proffers PROPERTY: 28.10 acres + / -; Tax Parcel #44- ((A)) -75 RECORD OWNER: Adams Development Group, Inc., Robert C. Adams, President APPLICANT: Adams Development Group (here -in after "the Applicant ") PF+,JECT NAME: Ad--Ms Commercial Center ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters April 17, 2008 December 9, 2008 Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #/5 for the rezoning of 28.10± acres from the Industrial Transition (133) District with Proffers to the Industrial Transition (B3) District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. Approval of this proffer statement does not eliminate previously approved proffers associated with current Tax Map Parcels 44- ((A)) -75B, 44- ((A))-75C, 44- ((A)) -75D, 44- ((A)) -75E and 44- ((A)) -75F; which were approved under the conditions set forth in RZ #02 -05 approved by the Frederick County Board of Supervisors on April 13, 2005. The subject property, more particularly described as the lands owned by Adams Development Group, Inc. being all of Tax Map Parcel 44- ((A)) -75 and further described by Boundary Survey Plat prepared by Richard A. Edens, L.S., dated April 24, 2007 and recorded as Instrument No. 070007323 (see attached Boundary Survey Plat). File #39491EAW 0 0 Greenway Engineering April 17, 2008 Adams Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October I, 2008 December 9, 2008 A.) Generalized Development Plan The Applicant hereby proffers to develop the 28.10± acre property in substantial conformance with the attached Generalized Development Plan — Adams Rezoning 28.10± Acre property, dated October 1, 2008 and approved as part of the rezoning application. B.) Vehicle Per Day (VPD) and Land Use Restrictions 1.) Conditional Rezoning Application #02 -05 limited traffic generation for permitted land uses to a maximum of 4,603 VPD based on ITE Trip Generation 7 Edition volumes. The Applicant hereby proffers to restrict developmer:. of the 28.10± acre property to an amount to be determined during Site Plan approval, not to exceed a maximum of 2,900 VPD. The Applicant acknowledges that the maximum 2,900 VPD may be further reduced for the 28.10± acre property should additional development occur on tax parcels 44- ((A)) -75B, 44- ((A)) -75C, 44- ((A))-75D, 44- ((A)) -75E and 44- ((A)) -75F. 2.) The Applicant hereby proffers to prohibit the following B -3 District land uses within 28.10± acre property: ➢ Amusement and recreational services operated indoors ➢ Automotive dealers and gasoline service stations ➢ Drive -in motion picture theaters ➢ Food stores ➢ Local and suburban transit and interurban highway passenger transportation. ➢ Business associations; membership organizations; and labor unions ➢ Model home sales offices ➢ Motor freight transportation, excluding warehousing and storage ➢ Restaurants ➢ Transportation by air ➢ Transportation services ➢ Truck stops C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for the 28.10± acre property and all parcels previously subdivided from tax parcel 44- ((A)) -75. This File #3949/EAW 2 0 0 Greenway Engineering April 17, 2008 Adams Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October I, 2008 December 9, 2008 shared commercial entrance has been constructed to align with the existing commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Turn lane — Martinsburg Pike (US Route 11) The Applicant has constructed a right -tum deceleration lane at the entrance on Martinsburg Pike (US Route 11). The Applicant will be responsible for the relocation of the right -turn deceleration lane should this be required as a result of the future Martinsburg Pike transportation plan improvements. 3.) Additional Right -of -way Dedication In the interest of future area transportation plan improvements, the ap _icant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right -of -way on the Martinsburg Pike (US Route 11) frontage of the property. This right -of -way commitment has been initiated by the Applicant through dedication to Frederick County as evident in Deed Instrument No. 050017512. 4.) Corridor Improvements, Signalization In recognition of offsite transportation impacts, the Applicant hereby proffers to contribute a share of the cost of signalization improvements in the area of Interstate - 81 Exit 321. The Virginia Department of Transportation (VDOT) will determine the appropriate location for signalization improvements and will determine when this improvement is warranted. When determined by VDOT, the Applicant will enter into a signalization agreement with VDOT that will provide a one -time contribution towards the cost of signalization in an amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. 5.) Corridor Improvements, Bicycle and Pedestrian Facility The Applicant hereby proffers to construct an asphalt bicycle and pedestrian facility that is 10 feet in width and located within the 20 -foot green strip identified in Section F of this proffer statement. The Applicant shall construct this bicycle and pedestrian facility on the north side of the single shared commercial entrance prior to the issuance of a building occupancy permit for the first site plan on the north side of that entrance, and shall construct this bicycle and pedestrian facility on the south side of the single shared commercial entrance prior to the issuance of a building occupancy permit for the first site plan on the south side of that entrance. No portion of the asphalt bicycle and pedestrian facility will be constructed with the 20 -foot right -of- way dedication area identified in Section C(3) of this proffer statement. File #3949/EAW 3 Greenway Engineering April 17, 2008 Adams Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October I, 2008 December 9, 2008 D.) North Buffer The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one- hundred foot wide Category "C" full screen adjacent to tax parcels 44- ((A)) -76A, 44- ((A)) -76B, 44- ((A)) -76C and 44- ((A))- 76D as depicted on the proffered GDP. E.) South Buffer The applicant hereby proffers to utilize a minimum six foot high fence, rather than earthen berm, as the opaque element within the one - hundred foot wide Category "C" full screen adjacent to tax parcels 14 - ((A') /0, 44- ((A)) -77, 44- ((A)) -73, and 44- ((])) -D as depicted on the proffered GDP. F.) Corridor Appearance Enhancements The Applicant hereby proffers to enhance the appearance of the Martinsburg Pike (U.S. Route 11) corridor through the implementation of a low -level earth berm and landscaping along the frontage of the subject property. This enhancement will be located within a 20- foot wide green strip that is located immediately adjacent to and on the west side of the dedicated 20 -foot right -of -way strip, which will contain an earth berm that is 2 -feet in height with staggered low -lying shrubs and a single row of deciduous flowering trees that are a minimum of 1 '/2 caliper and planted on 30 -foot centers. This corridor appearance enhancement will be designed to ensure that sight distance is not negatively impacted at the commercial entrance to the subject property, will be developed in substantial conformance with the Corridor Appearance Enhancement Exhibit dated October 1, 2008, and will be installed by the Applicant consistent with the construction of the bicycle and pedestrian facility as described in Section C5 of the proffer statement. G.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above - described property hereby voluntarily proffers that in the event rezoning application J!L!R � is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .015/ building square foot This payment is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid prior to issuance of the building occupancy permits. File It3949 /EAW 4 Greenway Engineering H.) Signatures 0 April 17, 2008 Revised July 29,2008 Revised August 12, 2008 October I, 2008 December 9, 2008 0 Adams Development Group, Inc. Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ADAMS DEVELOPEMNT GROUP, INC A CA darns, By. President Date Commonwealth of Virginia, Cit ounty Frei ev''c�- To Wit: The foregoing instrument was acknowledged before me this�� day of 71)fC e Ver 20008 by tPAer+ C, AdavvlS, 9 1eSIdPv1} Notary Public My Commission Expires Z ICI .2-6 �egisfra(ivn # ZG(tou .•P LiQ,,AlF, p`O � 0 T gfiY '"nrtt, „ t . File #39491EA W Greenway Engineering April 17, 2008 It Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 PROPOSED PROFFER STATEMENT REZONING: RZ# /S_ 0 9 Industrial Transition District (B3) with Proffers to Industrial Transition District (133) with Revised Proffers PROPERTY: 28.10 acres + / -; Tax Parcel #44- ((A)) -75 RECORD OWNER: Adams Development Group, Inc., Robert C. Adams, President APPLICANT PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters Adams Development Group (here -in after "the Applicant') Adams Commercial Center April 17, 2008 August 12,20 09 October 1, 2008 Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # / o 0 for the rezoning of 28.10± acres from the Industrial Transition (133) District with Proffers to the Industrial Transition (133) District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. Approval of this proffer statement does not eliminate previously approved proffers associated with current Tax Map Parcels 44- ((A)) -75B, 44- ((A))-75C, 44- ((A)) -75D, 44- ((A)) -75E and 44- ((A)) -75F; which were approved under the conditions set forth in RZ #02 -05 approved by the Frederick County Board of Supervisors on April 13, 2005. The subject property, more particularly described as the lands owned by Adams Development Group, Inc. being all of Tax Map Parcel 44- ((A)) -75 and further described by Boundary Survey Plat prepared by Ea .a W Deve, r c d r..l 29 2003 Richard A. Edens, L.S., dated April 24, 2007 and recorded as Instrument No. 070007323 (see attached Boundary Survey Plat). File 413949/EAW 0 Greenway Engineering April 17, 2008 Revised July 29,2008 Revised August 12, 2008 October 1, 2008 A.) Generalized Development Plan Adams Development Group, Inc. Rezoning The Applicant hereby proffers to develop the 28.10± acre property in substantial conformance with the attached Generalized Development Plan — Adams Rezoning 28.10± Acre property, dated August 22008 October 1, 2008 and approved as part of the rezoning application. B.) Vehicle Per Day (VPD) and Land Use Restrictions 1.) Conditional Rezoning Application #02 -05 limited traffic generation for permitted land uses to a maximum of 4,603 VPD based on ITE Trip Generation 7 1h Edition volumes. Th Applicant he proffers t restrict development Of the 29.10!_i! acre property to a fflaximurn of 3 VPD to he dete...l:..ed during Site Dl ari ,appFeval. The Applicant hereby proffers to restrict development of the 28.10± acre property to an amount to be determined during Site Plan approval, not to exceed a maximum of 2,900 VPD. The 607 vDTI Fe „et,. the remaining traffic eta d er i ve d fre the a TI calculations \'D.l cu l a ti ons of a Site b Dl parce 44 / / A \\ 15 M ((A)) 75C M / /A \ \'7CTI 4 4 _ ( 1 A)) '7CG'.....1 44 / /)T5F- The Applicant acknowledges that the maximum 3{07 2,900 VPD wig may be further reduced for the 28.10± acre property should additional development occur on tax parcels 44- ((A)) -75B, 44- ((A)) -75C, 44- ((A)) -75D, 44- ((A))-75E and 44- ((A)) -75F. 2.) The Applicant hereby proffers to prohibit the following B -3 District land uses within 28.10± acre property: Amusement and recreational services operated indoors ➢ Automotive dealers and gasoline service stations ➢ Drive -in motion picture theaters ➢ Food stores ➢ Local and suburban transit and interurban highway passenger transportation. ➢ Membership organizations ➢ Model home sales offices ➢ Motor freight transportation ➢ Restaurants ➢ Transportation by air ➢ Transportation services ➢ Truck stops File #3949/EAW 2 r Greenway Engineering April 17. 2008 Adams Development Group, Inc. Rezoning Revised July 29 2008 Revised August 12, 2008 October 1, 2008 C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for a uses wi thi ° «° for the 28.10± acre property and all parcels previously subdivided from tax parcel 44- ((A)) -75. This shared commercial entrance , °i he lRe ed se °° has been constructed to align with the existing commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Turn lane — Martinsburg Pike (US Route 11) The Applicant hereby pFaffe inq ;all has constructed a right -turn deceleration lane at the entrance on Martinsburg Pike (US Route 11). A�'a =��itiefially, the The Applicant will be responsible for the relocation of the right -turn deceleration lane should this be required as a result of the future Martinsburg Pike transportation plan improvements. 3.) Additional Right -of -way Dedication In the interest of future area transportation plan improvements, the applicant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right -of -way on the Martinsburg Pike (US Route 11) frontage of the property. This right -of -way commitment has been initiated by the Applicant through dedication to Frederick County as evident in Deed Instrument No. 050017512. 4.) Corridor Improvements, Signalization In recognition of offsite transportation impacts, the Applicant hereby proffers to contribute a share of the cost of signalization improvements in the area of Interstate - 81 Exit 321. The Virginia Department of Transportation (VDOT) will determine the appropriate location for signalization improvements and will determine when this improvement is warranted. When determined by VDOT, the 44e Applicant will enter into a signalization agreement with VDOT that will provide a one -time contribution towards the cost of signalization in an amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. 5.) Corridor Improvements, Bicycle and Pedestrian Facility The Applicant hereby proffers to construct an asphalt bicycle and pedestrian facility that is 10 feet in width and located within the 20 -foot green strip identified in Seeder[ Fr Section F of this proffer statement. The Applicant shall construct this bicycle and pedestrian facility on the north side of the single shared commercial entrance in eenjun ction wi approval ^r prior to the issuance of a building occupancy permit for the first site plan on the north side of that entrance, and shall construct this bicycle File #3949 /EAW 3 r Greenway Engineering April 17, 2008 urns Development Group, Inc. Rezoning Revised July 29, 2008 Revised August 12, 2008 October 1, 2008 and pedestrian facility on the south side of the single shared commercial entrance in ^ ^^ ^`h ° •'•'royal ^r prior to the issuance of a building occupancy permit for the first site plan on the south side of that entrance. No portion of the asphalt bicycle and pedestrian facility will be constructed with the 20 -foot right -of -way dedication area identified in Section C(3) of this proffer statement. D.) North Buffer The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one - hundred foot wide Category "C" full screen adjacent to prop t o the northeast. tax parcels 44- ((A)) -76A, 44- ((A)) -76B, 44- ((A)) -76C and 44- ((A)) -76D as depicted on the proffered GDP. E.) South Buffer The applicant hereby proffers to utilize a minimum six foot high fence, rather than earthen berm, as the opaque element within the one - hundred foot wide Category "C" full screen adjacent to prop ert i es t the s '' . tax parcels 44- ((A)) -70, 44- ((A)) -72, 44- ((A))- 73, and 44- ((])) -D as depicted on the proffered GDP. F.) Corridor Appearance Enhancements The Applicant hereby proffers to enhance the appearance of the Martinsburg Pike (U.S. Route 11) corridor through the implementation of a low -level earth berm and landscaping along the frontage of the subject property. This enhancement will be located within a 20- foot wide green strip that is located immediately adjacent to and on the west side of the dedicated 20 -foot right -of -way strip, which will contain an earth berm that is 2 -feet in height with staggered low -lying shrubs and a single row of deciduous flowering trees that are a minimum of 1 '/2 caliper and planted on 30 -foot centers. This corridor appearance enhancement will be designed to ensure that sight distance is not negatively impacted at the commercial entrance to the subject property, arrd will be developed in substantial conformance with the Corridor Appearance Enhancement Exhibit dated Augu October 1, 2008, and will be installed by the Applicant consistent with the construction of the bicycle and pedestrian facility as described in Section C5 of the proffer statement. G.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above- described property hereby voluntarily proffers that in the event rezoning application # /5 , � s approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: File #3949/EAW 4 Greenway Engineering • April 17, 2008 Puts Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 $ .015/ building square foot This payment petentiall totaling $8,3-25 is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid at the he tine prior to issuance of the building occupancy permits. H.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ADAMS DEVELOPEMNT GROUP, INC. UA Robert C. Adams, President Commonwealth of Virginia, City /County of To Wit: Date The foregoing instrument was acknowledged before me this _day of 20_ by Notary Public My Commission Expires File ri3949 /EAW 5 z 2 �� IN Lu V EIC*A%M NUDDA IL -J COORD FLORDEO:E IR ANN H 411 RD rRED BOOK X` MULIJNS�FFORA A DEED"" 0 DE�1)800NEMD ZONE. .E. Z,. OEM. -- w � , USE, RESIDENTI RESIDEMTM� - swill USE SPIRIT SPR POTFOUFO D.7a I.I.0 JNSTR.. Tll 01919 ZO DB3 FO USE OFFICE I WHOLESA-E I WAREKMOSEILUMBERSTORE— IN EDICAT IO 20' R i FUTURE RT. 11 � W 11 WIDENING INSTR. 050017512 USE MARK ➢ M H 1 A$ lH LANDIB AREA REMAININd Y AREA - DEVELOPMEN T C3 ONAL / qw. DEVEIL PENT — Al G 4 / ROUI /W '0- W 4v f Z IL L CC JREWINCHESTEF.LLC IL INSTR. 0!R-ZDaT I iow u ZONED B3 SOUTH END HOSE CO LC USE UNIMPROVED S ZONED RA 1 Lu z C I E IFICE I US 2 .q ZONED B3 ERENDENTIA� ANUTHU" 0 +1 j a > ED LL, VS(t NO L /.e— -4 4 'iN / J ( � / // S 6 I /U ------ SWM CHANNEL USE U.E C4 & WETLANDS A PRESERVATION AREA < oci ----- -- W 0' N z yde '\ m z PA OL A RUTH B �EHNTE EL.00D L D soo", FOUS J I zqMEOMI DEED UK 23� I.FNTIJU, _U R,SUENTAL E RE Lill 44 0 0 ZONED �l z M /—RATWEOL&RUTH. V) DEED SOON 351 PG 225 DATE. 10101108 SCAIE: NTS DESIGNED BY. TEAM NO. 3949 SHEET I OF I VINICINTY MA SCAC I" = 2000' NORTH BUFFER AREA SOUTH BUFFER AREA CORRIDOR ENHANCEMENT 20' GREEN STRIP z 2 �� IN Lu V EIC*A%M NUDDA IL -J COORD FLORDEO:E IR ANN H 411 RD rRED BOOK X` MULIJNS�FFORA A DEED"" 0 DE�1)800NEMD ZONE. .E. Z,. OEM. -- w � , USE, RESIDENTI RESIDEMTM� - swill USE SPIRIT SPR POTFOUFO D.7a I.I.0 JNSTR.. 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