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HomeMy WebLinkAbout03-09 Proffer StatementAction: PLANNING COMMISSION: June 17, 2009 Recommended Approval BOARD OF SUPERVISORS: August 12, 2009 El APPROVED DENIED WHEREAS, Rezoning #03 -09 of Walgrecns -Dairy Corner Place, submitted by Patton Harris Rust Associates, to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, and 0.9 acres from B2 to B2 District with proffers, totaling 4 acres, with proffers dated September 4, 2008, last revised on June 29, 2009, for Commercial Uses (including a Pharmacy), was considered. The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659) adjacent to Dairy Corner Place, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3- A2 and a portion of 54- A -112C. WHEREAS, the Planning Commission held a public hearing on this rezoning on June 17, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 22, 2009, and a public meeting on August 12, 2009; 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 rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, and 0.9 acres from B2 to B2 District with proffers, totaling 4 acres, with proffers for Commercial Uses (including a Pharmacy). The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRES -21 -09 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03 -09 OF WALGREENS -DAIRY CORNER PLACE This ordinance shall be in effect on the date of adoption. Passed this 12th day of August, 2009 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary W. Dove Gene E. Fisher Philip A. Lemieux PDRES -21 -09 Aye Aye Aye Gary A. Lofton Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye A COPY ATTEST Jo iley, Fr rick County Administrator REZONING: PROPERTY: RECORD OWNER APPLICANT: PROJECT NAME: ORIGINAL DA'1 h OF PROFFERS: REVISION DATE(S): 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 Comer Place" dated September 4, 2008 revised May 22, 2009 (the "GDP 1. Site Development 1.1 PROPOSED PROFFER STATEMENT RZ 03 -09 Residential Performance (RP) and Business General (B2) to Business General (B2) 4.0 acre Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F 30, 54F A, 54F -3 -Al, 54F A2, and portion of 54 A 112C (the "Property Eastside Holdings, LLC 220 Seafood Restaurant LLC Eastside Holdings, LLC Walgreens Dairy Comer Place September 4, 2008 October 10, 2008; October 15, 2008; October 21, 2008; October 22, 2008; November 5, 2008; November 6, 2008; November 21, 2008; November 25, 2008; May 6, 2009; May 22, 2009; June 29, 2009 Development of the Property shall be limited to up to 15,000 square feet pharmacy and up to 10,000 square feet of any other use permitted in the B2 zoning district, excluding gasoline service stations, convenience stores, and fast food restaurants. 1.2 The Properry shall be developed in substantial conformance with the GDP. Proffer Statement •Valgreens Dairy Corner Place 1.3 Access to Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -Al, 54F -3 -A2 from Valley Mill Road shall be limited to one entrance in substantial conformance with the location depicted on the GDP. (See 1 on the GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constructed Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2, 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 Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2 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 Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. 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 and Martin Drive as depicted on the GDP. The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT after issuance of a building permit for Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. 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. In the event of closure, said portion of Dairy Corner Place shall be used as a hiker /biker trail if permitted by VDOT and Frederick County. Additionally, in the event of closure, the Applicant shall design the closure to maintain pedestrian and bicycle access to Valley Mill Road and Martin Drive (See 5A and 5B 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 Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3- Al, 54F -3 -A2. (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 1.5. Said trail shall be connected to existing Dairy Comer Place. (See 7 on GDP) Page 2 of 6 Proffer Statement 11111/Wal Dairy Corner Place 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 Prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F 1 9, 54F 1 9A, 54F A 30, 54F 3 A, 54F 3 A1, 54F 3 A2, the Applicant shall construct a private commercial roadway connecting the proposed Valley Mill Road entrance to the existing Martin Drive intersection at Route 7 as generally depicted on the GDP. The Applicant shall improve the intersection of Martin Drive and Route 7 as required by VDOT for site plan approval prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. (See 8 on GDP) 1.12 The Applicant shall provide street trees planted 50' on center along the Property frontage with Valley Mill Road and Dairy Comer Place as depicted on the GDP. Said street trees shall be planted prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F- 3-A, 54F -3 -A1, 54F -3 -A2. 2. Design Standards 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 material(s) used for building construction. 2.2 Site lighting shall utilize full cut -off luminaries. 2.3 All structures erected on the Property shall utilize the same facade materials in order to promote a cohesive development pattern. 2.4 The design materials and elevation of the proposed pharmacy building shall be in general conformance with the attached exhibit entitled "Walgreens Dairy Comer Place" dated June 29, 2009. (See Exhibit A) 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 Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A- 30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. 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 Tax Map Parcels 54F 9, 54F 9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. Page 3 of 6 Proffer Statement 4. Escalator Clause le Walgreens Dairy Corner Place 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 4 of 6 Proffer Statement Respectfully submitted, Eastside Hol By 56) Date y •Nalgreens Dairy Corner Place STA 1 E OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The fore oing ins ent was acknowledged before me this 1 L 1 day of Jo I t s 2009, by My commission expires Notary Public 3 L I 09 2009 Page 5 of Proffer Statement Respectfully submitted, 220 Seafood Restaurant, LLC A .Clavw 41 om e cc By: ft(6QtJ /'1tsei Date: STAI L OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: w algreens Dairy Corner Place The foregoing instrument was acknowledged before me this 13 day of J J 2009, by 2iae r 1 1 61411c L CAA Ct rlxa ccGj Carer, My commission expires Notary Public AAA JUDITH KEINE N OTARY ID 7093311 NOTARY PUBLIC C OMMONWEALTH OF VIRGINIA M Y COMMISSION EXPIRES AUGUST 31. 2011 Page 6 of 6 k 0 0 N v REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT' NAME: ORIGINAL DA l E OF PROFFERS: REVISION DATE(S): The undersigned hereby proffers that the use and development of the subject property "Propert 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 an 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 May 22, 2009 (the "GDP 1. Site Development 1.1 PROPOSED PROFFER STATEMENT RZ 03 -09 Residential Performance (RP) and Business General (B2) to Business General (B2) 4.0 acre Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2, and portion of 54- A -112C (the "Property Eastside Holdings, LLC 220 Seafood Restaurant LLC Eastside Holdings, LLC Walgreens Dairy Comer Place September 4, 2008 October 10, 2008; October 15, 2008; October 21, 2008; October 22, 2008; November 5, 2008; November 6, 2008; November 21, 2008; November 25, 2008; May 6, 2009; May 22, 2009; June 29, 2009 Development of the Property shall be limited to up to 15,000 square feet pharmacy and up to 10,000 square feet of any other use permitted in the B2 zoning district, excluding gasoline service stations, convenience stores, and fast food restaurants. 1.2 The Property shall be developed in substantial conformance with the GDP. Proffer Statement algreens Dairy Corner Place 1.3 Access to Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F A2 from Valley Mill Road shall be limited to one entrance in substantial conformance with the location depicted on the GDP. (See 1 on the GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constructed Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2, 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 Tax Map Parcels 54F 1 9, 54F 1 9A, 54F A 30, 54F 3 A, 54F A1, 54F A2 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 Tax Map Parcels 54F 9, 54F 9A, 54F 30, 54F A, 54F A1, 54F A2. 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 Comer Place to Valley Mill Road and Martin Drive as depicted on the GDP. The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT after issuance of a building permit for Tax Map Parcels 54F 1 9, 54F 1 9A, 54F A 30, 54F 3 A, 54F A1, 54F A2. 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. In the event of closure, said portion of Dairy Corner Place shall be used as a hiker /biker trail if permitted by VDOT and Frederick County. Additionally, in the event of closure, the Applicant shall design the closure to maintain pedestrian and bicycle access to Valley Mill Road and Martin Drive (See 5A and 5B 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 Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3- Al, 54F -3 -A2. (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 1.5. Said trail shall be connected to existing Dairy Corner Place. (See 7 on GDP) Page 2 of 6 Proffer Statement algreens Dairy Corner Place 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 Prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -Al, 54F -3 -A2, the Applicant shall construct a private commercial roadway connecting the proposed Valley Mill Road entrance to the existing Martin Drive intersection at Route 7 as generally depicted on the GDP. The Applicant shall improve the intersection of Martin Drive and Route 7 as required by VDOT for site plan approval prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. (See 8 on GDP) 1.12 The Applicant shall provide street trees planted 50' on center along the Property frontage with Valley Mill Road and Dairy Corner Place as depicted on the GDP. Said street trees shall be planted prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F- 3-A, 54F -3 -Al, 54F -3 -A2. 2. Design Standards 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 material(s) used for building construction. 2.2 Site lighting shall utilize full cut -off luminaries. 2.3 All structures erected on the Property shall utilize the same facade materials in order to promote a cohesive development pattem. 2.4 The design materials and elevation of the proposed pharmacy building shall be in general conformance with the attached exhibit entitled "Walgreens Dairy Corner Place" dated June 29, 2009. (See Exhibit A) 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 Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A- 30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. 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 Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. Page 3 of 6 0 t r i t l nr t I I I Drzl'ITS 11146 L :,-,"-3- I, j 4 1 •,z11: 1 1 7 ,,q ‘1 Sofa 9 i n rn) en n 1 /r -6 k I 2 i I/ -1, ,6.. 0 0 6,1,1 s'5 o 5 ;XII \NI; ikt. 1 j, r i Ai 5S "'9 le Ji lt/ N T I II I /7 4\\ 't 1 1 1 7 -77 2 1 11 l cN- Ili\ '5 /A N t 4T 1 N 14 r/*/t/ 7,, d a r i 7 2 .1 ■6 7 jgpg,t‘ 1" tl. iN i i \I 1 1/ f t, i &S 7 .11 11) a bi '1 4../ 5 ''(1/4., I, I i 4. /-5, ty i 7 r c 2 fl,j- 7 C I i y t 0 N C i ----4_____ t \c 4 Y I T, A.S. AN 7 F 0, 'p 2 u R /7I '1.'44 N 4 g al j (cs i a ll 7 Fityil, ttfa \r A A are A 2, A AO r No° 7 4 6,..*:-' 0 7--- i r,,th' 1 l i ,3 "-l/c.P. a -0 F /f, #.t.n -N, JP 4 T,1 ca "4 7 6- 1 I h/ --7.- e P .27 DATE SEPT. 4, 2008 Mara 1 OF RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA ADD PARCEL LABELS 110010 INTERNAL ACCESS ROADWAY ADDED HIKER/BIKER TRAIL LABELS 7 AND B ADDEO LABELS EXTENDED PROPOSED TURN LANE DESCRIPTION GENERALIZED DEVELOPMENT PLAN Patton H a rris Rust Assocla tes,pc Engineers. Surveyors. Planners. Landscape Architect I 17 East Piccadilly Street VVinchester. VA 22501 11 540-667-2139 F 540-665-0493 Proffer Statement Wa[greens Dairy Corner Place 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 4 of 6 %Date: Proffer Statement Respectfully submitted, Eastsiide Ho p Y Walgreens Dairy Corner Place Alb' t r8'- STAIE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The fore oing ins ent was acknowledged before me this 1 day of J U 2009, by My commission expires J o 2 0 0 J Notary Public 3 Co 1 093 r Page 5 of 6 Proffer Statement Respectfully submitted, 220 Seafood Restaurant, LLC 44.4. b ,6c,.. /IJ R,.,4CC By 1 II ethe Date: STAIN OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 3 day of 2009, by P.ck>prr i Glance arty arcaCcCiC ;.c Mycommission expires Notary Public JUDITH KLINE NOTARY ID if 7093311 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AUGUST II, 2011 Page 6 of 6 'algreens Dairy Corner Place June 29, 2009 Walgreens Dairy Corner Place Exhibit .A \1 I 1 �m I i ;!c of I: N/ I I ilD i mm keeir I Iv VW 1 1 o- r.. N D vl N O 0 r 9 1 N X 6 12 I 1 N. C�� I 1 7 i' I l \JJ II- a nt/ vm RI, \1 A I N J' c? a mss, REVISION /j DESIGN JMM DRAWN JMM CHECKED RAM FILE NO. 15824 -1 -0 CAT. NO. SURVEY PHR +A DATE 4, 2008 SCALE 1" =30' SHEET 1 OF 1 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 1RIIE GENERALIZED DEVELOPMENT PLAN Patton Harris Rust Associates,pc Engineers Surveyors. Planners. Landscape Architects. P H A 117 East 540-665-0497 1 BO ytreel F T s ILO PARCEL LABELS 5/22/09 4 MODIFY INTERNAL ACCESS RCIDwOY 4/27/03 7 ADDED HIKER/BIKER 11094 LABELS 7 410 B II/25/08 2 ADDED LABELS 10 /23 /0e EXTENDED PROPOSED TURN LANE 10 /13 /08 NO. D6CRAPI1ON DATE \1 I 1 �m I i ;!c of I: N/ I I ilD i mm keeir I Iv VW 1 1 o- r.. N D vl N O 0 r 9 1 N X 6 12 I 1 N. C�� I 1 7 i' I l \JJ II- a nt/ vm RI, \1 A I N J' c? a mss, REVISION /j DESIGN JMM DRAWN JMM CHECKED RAM FILE NO. 15824 -1 -0 CAT. NO. SURVEY PHR +A DATE 4, 2008 SCALE 1" =30' SHEET 1 OF 1 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 1RIIE GENERALIZED DEVELOPMENT PLAN Patton Harris Rust Associates,pc Engineers Surveyors. Planners. Landscape Architects. P H A 117 East 540-665-0497 1 BO ytreel F T REZONING: PROPERTY: RECORD O \XTNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): 1. Site Development 1.1 PROPOSED PROFFER STATEMENT RZ #-I? -efr- 03 -01 Residential Performance (RP) and Business General (B2) to Business General (132) 4.0 acre Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2, and portion of 54- A -112C (the "Property Eastside I- loldings, LLC 220 Seafood Restaurant LLC Eastside I- Ioldings, LLC Walgreens Dairy Corner Place September 4, 2008 October 10, 2008; October 15, 2008; October 21, 2008; October 22, 2008; November 5, 2008; November 6, 2008; November 21, 2008; November 25, 2008; May 6, 2009; May 22, 2009 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict confonnance 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 May 22, 2009 (the "GDP Development of the Property shall be limited to up to 15,000 square feet pharmacy and up to 10,000 square feet of any other use permitted in the B2 zoning district, excluding gasoline service stations, convenience stores, and fast food restaurants. 1.2 The Property shall be developed in substantial conformance th the GDP. Proffer Statement k lgreens Dairy Corner Place 1.3 Access to Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -Al, 54F A2 from Valley Mill Road shall be limited to one entrance in substantial conformance with the location depicted on the GDP. (See 1 on the GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constructed Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2, 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 Tax Map Parcels 54F 1 9, 54F 1 9A, 54F A 30, 54F 3 A, 54F AI, 54F A2 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 Tax Map Parcels 54F 9, 54F 9A, 54F 30, 54F A, 54F A1, 54F A2. 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 and Martin Drive as depicted on the GDP. The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT after issuance of a building permit for Tax Map Parcels 54F 1 9, 54F 1 9A, 54F A 30, 54F 3 A, 54F A1, 54F A2. 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. In the event of closure, said portion of Dairy Corner Place shall be used as a hiker /biker trail if permitted by VDOT and Frederick County. Additionally, in the event of closure, the Applicant shall design the closure to maintain pedestrian and bicycle access to Valley Mill Road and Martin Drive (See 5A and 5B 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 Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3- Al, 54F -3 -A2. (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 1.5. Said trail shall be connected to existing Dairy Corner Place. (See 7 on GDP) Page 2 of 5 Proffer Statement it algreens Dairy Corner Place 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 Prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2, the Applicant shall construct a private commercial roadway connecting the proposed Valley Mill Road entrance to the existing Martin Drive intersection at Route 7 as generally depicted on the GDP. The Applicant shall improve the intersection of Martin Drive and Route 7 as required by VDOT for site plan approval prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. (See 8 on GDP) 2. Design Standards 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 material(s) used for building construction. 2.2 Site lighting shall utilize full cut -off luminaries. 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 Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A- 30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. 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 Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -Al, 54F -3 -A2. 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 5 Proffer Statement SIGNATURES APPEAR ON THE FOLLOWING PAGES Respectfully submitted, My commission Notary Public STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The fqregoing instrumyAt was acknowledged before me this 2009, by Il 2r d ee_ ro a S s 1 31 2_009 -4 3(a 0 93 Page 4 of 5 •algreens Dairy Corner Place 2 .2- day of Proffer Statement Walgreens Dairy Corner Place Respectfully submitted, 220 Seafood Restaurant, LLC By: RO -u-Qt r hcx,,A2 4t.du4- <--t" Date: j �a. STAT OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrumentwas acknowledged before me this day of rn a 2009, by t\e r:c �'-2 Owaa My commission expires J u 3 l a OCR Notary Public Page 5 of 5 3CoI o9 Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Architects. P To: Mike Ruddy, AICP Organization /Company: Frederick County Planning From: Patrick Sowers, AICP Date: May 22, 2009 Project Name /Subject: Walgreens Dairy Comer Place Rezoning Application PHR +A Project file Number: 15824 -1 -0 cc: L MAY 2 2 2009 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 Please find attached the following revised application materials for the Walgreens Dairy Corner Place Rezoning Application: 1) Cover letter dated May 22, 2009 stating modifications 2) Notarized Proffer Statement dated May 22, 2009 3) GDP dated May 22, 2009 (full size version and 40 copies of an 11x17 version) 4) Notarized POA for 220 Seafood Restaurant LLC 5) Revised application including the 220 Seafood parcel and updated adjoiners 6) Deed and Plat for 220 Seafood Restaurant parcel (TM 54- A -112Q 7) Revised VDOT comment dated May 8, 2009 8) Tax receipt for TM 54 112C If you have any questions or would like to discuss, please feel free to call me at (540) 667 2139. Memorandum P CORPORATE: Chantilly VIRGINIA OFFICE'. Chantilly Charlottesville Fredericksburg Harrisonburg Leesburg Newport News Norfolk Winchester Woodbridge LABORATORIES- Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsporr PENNSYLVANIA OFFICE: Allentown T 540.667.2139 540. 665.0493 117 East Piccadilly Speer Suite 200 Winchester, VA 22601 Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Architects. ii mAY 2 2011 May 22, 2009 .J Mr. Michael Ruddy, AICP Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Walgreens Dairy Corner Place Rezoning Application Dear Mike: Please find attached revised application materials for the Walgreens Dairy Comer Place rezoning application (RZ 12 -08) including a revised GDP and Proffer Statement dated May 22, 2009. We have made several modifications to the proffer package and GDP since the initial presentation to the Planning Commission at their December 17, 2008 meeting to address concems associated with the transportation system proposed as part of the initial application. The Planning Commission expressed a desire to remove the proposed connection to Dairy Corner Place to ensure that the intersection of Martin Drive and Dairy Comer Place does not become an unsafe intersection. My client has entered into a contract with the adjacent property owner, 220 Seafood Restaurant LLC, to purchase 0.9 acres of the existing B2 zoned parcel identified as TM 54- A -112C which is located where Martin Drive /Dairy Comer Place /Route 7 intersect. The addition of this acreage has enabled my client to remove any connection to Dairy Comer Place and then improve upon the transportation concept by proffering to construct a commercial roadway from the proposed entrance on Valley Mill Road as a through connection to the existing intersection of Martin Drive and Route 7. This improvement is shown on the revised GDP. The road improvement triggers are tied to a certificate of occupancy on the 3.1 acres that comprised the initial rezoning proposal. The newly added 0.9 acres of existing B2 property has also been incorporated into the proffer to guarantee that the total site, now 4.0 acres, will not exceed 15,000 square feet of pharmacy and 10,000 square feet of other B2 uses except for gas stations, convenience stores, and fast food restaurants which have been proffered out as potential uses. The new floor area proffer differs slightly from the previous proffer in that the 10,000 square feet that is in addition to the pharmacy area is no longer limited to office uses which was the use modeled in the TIA. This modification is justified by the fact that the application now includes an additional 0.9 acre of existing un- proffered B2 property. By adding this existing B2 area to the application and making it subject to the proffered floor area and use conditions, we are effectively limiting the development and resulting traffic generation possible for the area. P Walgreens Dairy Corner Place May 22, 2009 Page 2 of 2 The constructed improvements proposed along the Valley Mill Road frontage remain unchanged from the previous proffer and will address both project generated trips as well as issues caused by existing traffic and background traffic on Valley Mill Road. Additionally, the Applicant has now proffered to close Dairy Comer Place between Martin Drive and Valley Mill Road. This will enable Dairy Comer Place to act as a hiker /biker trail along the Route 7 road frontage. To compensate for some of the additional expense associated with acquiring the adjacent 0.9 acres and constructing the roadway from Valley Mill Road to the intersection of Martin Drive and Route 7, the Applicant has removed the $10,000 proffer for transportation purposes. We look forward to presenting these revised materials to the Planning Commission at the June 17 meeting Please feel free to contact me at (540) 667 -2139 should you have any questions. Sincerely, Patton Rust Associates Patrick R. Sowers Enclosure DOLLARS w 0 Y C 0J E t' C N OJ y ri E w n an O 01 N aj O N ul u� c vv s u 00 y u 0! 0 E Z L C N. C W m b V PAY TO THE ORDER OF a ILMINGT W t RU9 p. Trust FSB MEMO' ,;r 1 :0S21734641;. BO aim PDRESS -21 -09 AMENDMENT Action: PLANNING COMMISSION: June 17, 2009 Recommended Approval BOARD OF SUPERVISORS: August 12, 2009 PEI APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03 -09 OF WALGREENS -DAIRY CORNER PLACE P AM WHEREAS, Rezoning #03 -09 of Walgreens -Dairy Corner Place, submitted by Patton I Iarris Rust Associates, to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, and 0.9 acres from B2 to B2 District with proffers, totaling 4 acres, with proffers dated September 4, 2008, last revised on June 29, 2009, for Commercial Uses (including a Pharmacy), was considered. The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659) adjacent to Dairy Comer Place, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F-3-A1, 54F -3- A2 and a portion of 54- A -112C. WHEREAS, the Planning Commission held a public hearing on this rezoning on June 17, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 22, 2009, and a public meeting on August 12, 2009; 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 rezone 3.1 acres from RP (Residential Perfounance) District to B2 (General Business) District, and 0.9 acres from B2 to B2 District with proffers, totaling 4 acres, with proffers for Commercial Uses (including a Pharmacy). The conditions voluntarily proffered in writing by the applicant and the property owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 121.11 day of August, 2009 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary W. Dove Gene E. Fisher Philip A. Lemieux PDRESI4 -21 -09 Aye Aye Aye Gary A. Lofton Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST Aye Aye Ay e Jo Fr +Vrick County Administrator REZONING: PROPERTY: RECORD OWNER APPLICANT: PROJELI' NAME: ORIGINAL DAIE OF PROFFERS: REVISION DATE(S): 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 "Genera]i7Pd Development Plan," shall refer to the plan entitled "Generalized Development Plan, Walgreens Dairy Comer Place" dated September 4, 2008 revised May 22, 2009 (the "GDP 1. Site Development PROPOSED PROFFER STATEMENT RZ 03 -09 Residential Performance (RP) and Business General (B2) to Business General (B2) 4.0 acre Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F 30, 54F A, 54F A1, 54F A2, and portion of 54 112C (the "Property Eastside Holdings, LLC 220 Seafood Restaurant LLC Eastside Holdings, LLC Walgreens Dairy Comer Place September 4, 2008 October 10, 2008; October 15, 2008; October 21, 2008; October 22, 2008; November 5, 2008; November 6, 2008; November 21, 2008; November 25, 2008; May 6, 2009; May 22, 2009; June 29, 2009 1.1 Development of the Property shall be limited to up to 15,000 square feet pharmacy and up to 10,000 square feet of any other use permitted in the B2 zoning district, excluding gasoline service stations, convenience stores, and fast food restaurants. 1.2 The Property shall be developed in substantial conformance with the GDP. Proffer Statement •Walgreens Dairy Corner Place 1.3 Access to Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2 from Valley Mill Road shall be limited to one entrance in substantial conformance with the location depicted on the GDP. (See 1 on the GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constructed Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -Al, 54F -3 -A2, 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 Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2 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 die GDP prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -Al, 54F -3 -A2. 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 Comer Place to Valley Mill Road and Martin Drive as depicted on the GDP. The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT after issuance of a building permit for Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. In the event the Applicant does not receive written notification from Frederick County and VDT 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. In the event of closure, said portion of Dairy Comer Place shall be used as a hiker /biker trail if permitted by VDOT and Frederick County. Additionally, in the event of closure, the Applicant shall design the closure to maintain pedestrian and bicycle access to Valley Mill Road and Martin Drive (See 5A and 5B 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 Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3- Al, 54F -3 -A2. (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 1.5. Said trail shall be connected to existing Dairy Corner Place. (See 7 on GDP) Page 2 of 6 Proffer Statement Page 1 of 6 Dairy Corner Place 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 Prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F 1 9, 54F 1 9A, 54F A 30, 54F 3 A, 54F 3 A1, 54F 3 A2, the Applicant shall construct a private commercial roadway connecting the proposed Valley Mill Road entrance to the existing Martin Drive intersection at Route 7 as generally depicted on the GDP. The Applicant shall improve the intersection of Martin Drive and Route 7 as required by VDOT for site plan approval prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F 1 9, 54F 1 9A, 54F A 30, 54F 3 A, 54F 3 Al, 54F 3 A2. (See 8 on GDP) 1.12 The Applicant shall provide street trees planted 50' on center along the Property frontage with Valley Mill Road and Dairy Corner Place as depicted on the GDP. Said street trees shall be planted prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F -1 -9, 54F -i -9A, 54F -A -30, 54F- 3-A, 54F -3 -A1, 54F -3 -A2. 2. Design Standards 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 material(s) used for building construction. 2.2 Site lighting shall utilize full cut -off luminaries. 2.3 All structures erected on the Property shall utilize the same facade materials in order to promote a cohesive development pattern. 2.4 The design materials and elevation of the proposed pharmacy building shall be in general conformance with the attached exhibit entitled "Walgreens Dairy Comer Place" dated June 29, 2009. (See Exhibit A) 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 Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A- 30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2. 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 Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -Al, 54F -3 -A2. Proffer Statement 4. Escalator Clause SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 4 of 6 IS Walgreens Dairy Corner Place 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 -LT) 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. Proffer Statement Respectfully submitted, Eastsi.de Hol Date: N °i "7 By 6i r STALL OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instsva.ment was acknowledged before me this 1 2009, bye jJ. 3k Notary Public G 1 093 J My commission expires Page 5 of 6 2 DO r III1 Valgreens Dairy Conner Place day of w s Proffer Statement Respectfully submitted, 220 Seafood Restaurant, LLC rC'C.rc -T ■..e P leimbe By Date: Arm STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was 2009, by e) ,C. Mycommission expires Notary Public JUDITH KLINE NOTARY ID 7093311 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AUGUST 31, 2011 Page 6 of 6 O TVal g reees —Dairy Corner Place acknowledged before me this day of -3l-- U June 29, 2009 Walgreens Dairy Corner Place Exhibit .A