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HomeMy WebLinkAbout04-09 Proffer StatementAMENDMENT Action: PLANNING COMMISSION: September 16, 2009 Recommended Approval BOARD OF SUPERVISORS: December 9, 2009 APPROVED DENIED WHEREAS, Rezoning #04 of Wampler Property, submitted by Patton Harris Rust Associates, to rezone 2.16 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers dated June 12, 2008, last revised on November 24, 2009, for Commercial Use, was considered. The property is located west and adjacent to Martinsburg Pike (Route 11), approximately 1,000 feet south of the intersection of Route 11 and Stephenson Road and approximately 1,900 feet north of the intersection of Route 11 and Old Charlestown Road, in the Stonewall Magisterial District, and is identified by Property Identification Number 44B- 1 -12D. WHEREAS, the Planning Commission held a public hearing on this rezoning on August 5, 2009, followed by a public meeting on September 16, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 9, 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 2.16 acres from RA (Rural Areas) District to B2 (General Business) District, for Commercial Use. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRES #39 -09 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04 -09 OF WAMPLER PROPERTY Richard C. Shickle, Chairman Aye Gary W. Dove Gene E. Fisher Philip A. Lemieux PDRES439 -09 This ordinance shall be in effect on the date of adoption. DENIED Passed this 9th day of December, 2009 by the following recorded vote: Aye Ave Nay Gary A. Lofton Bill M. Ewing Charles S. Deliaven, Jr. A COPY ATTEST J. R. iley, Jr. Frederick County Administrator Aye Nay Nay ORIGINAL DA '1 E OF PROFFERS: June 12, 2008 PROPOSED PROFFER STATEMENT REZONING: RZ N Ott—oci Rural Areas (RA) to Business General (B2) PROPERTY: 2.16 acre Tax Map Parcels 44B -1 -12D (the "Property') RECORD OWNER Wampler's Mobile Homes APPLICANT: Wampler's Mobile Homes PROJE C I NAME: Wampler Property REVISION DA1E(S): October 1, 2008; November 25, 2008; February4, 2009; July 8, 2009; August 7, 2009; October 6, 2009; November 24, 2009 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 CountyBoard 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, Wampler Property" dated November 18, 2008 revised August 7, 2009 (the "GDP and shall include the following: 1. Site Development 1.1 The Property shall be developed in substantial conformance with the GDP. 1.2 The Applicant shall dedicate 15 feet of right of way along the Property frontage with Martinsbug Pike (Rt 11) prior to issuance of a building permit for the Property or within 90 days of receiving written request from Frederick County and the Virginia Department of Transportation (VDOT). (See 1 on GDP) 1.3 Access to the Property from Route 11 shall be limited to a single entrance located in the general location as depicted on the GDP. Said entrance and any associated improvements including turn lane shall be subject to VDOT review and approval at time of site plan. (See 2 on GDP) Proffer Statement Wamp ler Property 1.4 The Applicant shall provide a 25' buffer along the Property frontage with Martins bug Pike (Rt 11) in substantial conformance with the attached exhibit entitled "Wampler Property, Route 11 Buffer" dated February4, 2009 as prepared byPatton Harris Rust and Associates. Said buffer shall include a 10' asphalt hiker /biker trail constructed to VDOT standards as well as a 5' landscaped strip with low lying shrubs (3 per 10 linear feet minimum) and flowers between Martinsbug Pike and the hiker /biker trail. The buffer area will also include a 10' landscaped strip with deciduous flowering trees planted 40 feet on center and a split rail fence located between the hiker /biker trail and future parking area as shown on the attached exhibit. Said buffer improvements shall be installed prior to issuance of a certificate of occupancy for any building constructed on the Property. Additionally, the 10' landscaped strip may also be used for any parking lot landscaping requirements which would be provided in addition to anypreviouslyidentified landscape improvements. Upon written request by the County, die Applicant shall dedicate an easement for the 5' landscaped area to the County for any future drainage and grading improvements that maybe needed. (See 3 on GDP and Exhibit 1) 1.5 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide for inter- parcel access to and from the areas located North and South of the Property in substantial conformance with the locations depicted on the GDP as 4a and 4b. Should the Property develop with any use other than self service storage, the Applicant shall provide for an additional inter- parcel access to areas located West of the Property in substantial conformance with the location depicted on the GDP as 4c. (See 4a, 46 and 4c on the GDP) 1.6 Excluding self service storage, the Property shall be developed with a maximum floor area ratio (FAR) of 0.25. 1.7 Until such time that adjoining properties (TM 44 -1 -A and TM 44B -1 -12Q are no longer in residential use, the hours of operation for any use located on the Property shall be limited to between the hours of 7:00 AM and 10:00 PM. 1.8 Until such time that adjoining properties (TM 44 and TM 44B 1 12C) are no longer in residential use, the Applicant proffers to prohibit the following uses on the Property (1) Car washes. 1.9 Regardless of use on adjoining parcels, the Applicant proffers to prohibit the following uses on the Property (1) Communication Facilities, (2) Truck Stops, (3) Hotels and Motels, (4) Motion Picture Theaters, (5) Adult Retail, (6) Gasoline Service Stations. 1.10 The Applicant shall install a row of evergreen trees planted a maximum of 8 feet on center along the Northern, Western, and Southern Property lines within the inactive buffer area as depicted on the GDP. Said trees shall be provided in addition to any landscaping otherwise required byordinance and shall be planted prior to issuance of a certificate of occupancy for anybuilding constructed on the Property.. (See 5 on GDP) 1.11 The Applicant shall construct an 8 foot tall fence in lieu of the 6 ft fence required by ordinance within the inactive buffer area along the Northern, Western, and Southern Property lines as depicted on the GDP. Said fence shall be installed prior to issuance of a certificate of occupancy for any building constructed on the Property. (See 6 on GDP) 1.12 The Applicant shall retain all existing trees, excluding trees that are diseased or dying, located on the Property within 10 feet of the property boundary shared with TM 44 A. Page 2 of 5 Proffer Statement 2. Design Standards Wantpler Property 1.13 Development of the Property shall be limited to a maximum of 2,000 Average Daily Trips (ADT). It is understood that pass -by and all other reductions, as permitted by VDOT, may be applied to arrive at the maximum ADT yield of 2,000. The ADT shall be determined using the latest edition of the I.T.E. Trip Generation Report and shall be depicted on any future site plans for the Property. No site plan shall be approved for the Property if the proposed use generates an ADT count that exceeds 2,000. 2.1 Any building constructed on the Property shall be constructed using one or a combination of the following: cast stone, stone, brick, architectural block, dry vit or stucco, other high quality masonry materials, wood, or glass. 2.2 Site lighting shall not exceed 25 feet in height and will 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 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 Prior to issuance of a certificate of occupancy for any building constructed on the Property which would generate 1,000 Average Daily Trips (ADT) or less based upon the latest edition of the I.T.E. Trip Generation Report, the Applicant shall contribute the amount of seventy five thousand dollars ($75,000.00) to Frederick County for road improvements within the general vicinity of the Property. In the event development of the property exceeds 1,000 ADT based upon the latest edition of the I.T.E. Trip Generation Report, the monetary contribution will increase to a total of one hundred thousand dollars ($100,000.00). 4. Water and Sewer 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be borne by the Applicant. Page 3 of 5 Proffer Statement 5. Escalator Clause Wampler Property 5.1 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 GPI -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 5 Proffer Statement Wampler Property Respectfully submitted, \Vamplcr's Mobile Homes Bv: ack \Vampler, Sr. Date: November 25, 2009 STATE OF V I RG IN IA, AT LARGE FREDERTCK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 25th day of November b Jack Wampler, Sr. My commission expires Notary Public \Vampler's Mobile Homes Bv: Date: ack \Vampler, Jr. November 25, 2009 STATT. OF VIRGINIA, Al LARGE FREDERICK COUNTS', To -wit: The foregoing instrument was acknowled by Jack Wam ler Jr. My commission expires Notary Public 1 0 Jason Brent Omdorff Commonwealth of Virginia Notary Public Comrnssion No. 237449 /2012 ed before me this 25th day of November Jason Brent Orndorff Commonwealth of Virginia Notary Public Cemrrssior No. 237449 Ny Commission Expires 02/29/2012 Page 5 of 5 r p 2009, J LL o• 6 2009, Patton Harris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667,2139 F 540.665.0493 WAMPLER PROPERTY GENERALIZED DEVELOPMENT PLAN SCALE: 1" 100' DATE: 11/18/08 REV: 8/7/09 w Mr FUTURE PARKING AREA y DECIDUOUS FLOWERING TREES y 04. 10' LANDSCAPE STRIP SPLIT RAIL FENCE 11641111k. 5' LANDSCAPE STRIP 10' HIKER /BIKER TRAIL EXISTING MARTINSBURG PIKE (Rt 11) R/W Patton Engineers. Harris Rust Associates,pc Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 EXHIBIT 1 WAMPLER PROPERTY ROUTE 11 BUFFER SCALE: 1 100' DATE: 2/4/09 REZONING: 1. Site Development 1.2 PROPOSED PROFFER STATEMENT RZ Rural Areas (RA) to Business General (B2) PROPERTY: 2.16 acre Tax Map Parcels 44B -1 -12D (the "Property") RECORD OWNER: Wampler's Mobile Homes APPLICANT: Wampler's Mobile 1 -Tomes PROJECT NAME: Wampler Property ORIGINAL DATE OF PROFFERS: June 12, 2008 REVISION DATE(S): October 1, 2008; November 25, 2008; February 4, 2009; July 8, 2009; August 7, 2009; October 6, 2009 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 rezotung 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, Wampler Property" dated November 18, 2008 revised August 7, 2009 (the "GDP and shall include the following: 1.1 The Property shall be developed in substantial conformance with the GDP The Applicant shall dedicate 15 feet of right of way along the Property frontage with Martinsbug Pike (Rt 11) prior to issuance of a budding permit for the Property or within 90 days of receiving written request from Frederick County and the Virginia Department of Transportation (VDOT). (See 1 on GDP) 1.3 Access to the Property from Route 11 shall be limited to a single entrance located in the general location as depicted on the GDP. Said entrance and any associated improvements including turn lane shall be subject to VDOT review and approval at time of site plan. (See 2 on GDP) Proffer Statement Wmnpler Property 1.4 The Applicant shall provide a 25' buffer along the Property frontage with Martinsbug Pike (Rt I I) in substantial conformance with the attached exhibit entitled "Wampler Property, Route 11 Buffer" dated February 4, 2009 as prepared by Patton Harris Rust and Associates. Said buffer shall include a 10' asphalt hiker /biker trail constructed to VDOT standards as well as a 5' landscaped strip with low lying shrubs (3 per 10 linear feet minimum) and flowers between Martinsbug Pike and the hiker /biker trail. The buffer area will also include a 10' landscaped strip with deciduous flowering trees planted 40 feet on center and a split rail fence located between the hiker /biker trail and future parking area as shown on the attached exhibit. Said buffer improvements shall be installed prior to issuance of a certificate of occupancy for any building constructed on the Property. Additionally, the 10' landscaped strip may also be used for any parking lot landscaping requirements which would be provided in addition to any previously identified Landscape improvements. Upon written request by the County, the Applicant shall dedicate an easement for the 5' landscaped area to the County for any future drainage and grading improvements that may be needed. (See 3 on GDP and Exhibit 1) 1.5 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide for inter- parcel access to and from the areas located North and South of the Property in substantial conformance with the locations depicted on the GDP as 4a and 4b. Should the Property develop with any use other than self service storage, the Applicant shall provide for an additional inter- parcel access to areas located \Vest of the Property in substantial conformance with the location depicted on the GDP as 4c. (See 4a, 4b and 4c on the GDP) 1.6 The Applicant shall limit gasoline pumps to a maximum of 6 pumps with two fueling positions each for a maximum of 12 fueling positions. 1.7 Excluding self service storage, the Property shall be developed with a maximum floor area ratio (FAR) of 0.25. 1.8 Until such time that adjoining properties (TM 44 -1 -A and TM 44B- 1 -12C) are no longer in residential use, the hours of operation for any use located on the Property shall be limited to between the hours of 7:00 AM and 10:00 PM. 1.9 Until such time that adjoining properties (TM 44-1 -A and TM 44B- 1 -12C) are no longer in residential use, the Applicant proffers to prohibit the following uses on the Property: (1) Car washes. 1.10 Regardless of use on adjoining parcels, the Applicant proffers to prohibit the following uses on the Property: (1) Communication Facilities, (2) Truck Stops, (3) Hotels and Motels, (4) Motion Picture Theaters, (5) Adult Retail 1.11 The Applicant shall install a row of evergreen trees planted a maximum of 8 feet on center along the Nonhern, Western, and Southern Property lines within the inactive buffer area as depicted on the GDP. Said trees shall be provided in addition to any landscaping otherwise required by ordinance. (See 5 on GDP) 1.12 The Applicant shall construct an 8 foot tall fence in lieu of the 6 ft fence required by ordinance within the inactive buffer area along the Northern, Western, and Southern Property lines as depicted on the GDP. (See 6 on GDP) 1.13 The Applicant shall retain all existing trees, excluding trees that are diseased or dying, located on the Property within 10 feet of the property boundary shared with TM 44 -1 -A. Page 2 of 4 Proffer Statement Warnpler Property 2. Design Standards 2.1 Any building constructed on the Property shall be constructed using one or a combination of the following: cast stone, stone, brick, architectural block, dry vit or stucco, other high quality masonry materials, wood, or glass. 9,9 Site lighting shall not exceed 25 feet in height and will 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 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 Prior to issuance of a certificate of occupancy for any building constructed on the Property which would generate 2,000 vehicles per day (VPD) or less based upon the PIE I" rip Generation Report, 7a' Edition, the Applicant shall contribute the amount of seventy five thousand dollars ($75,000.00) to Frederick County for road improvements within the general vicinity of the Property. In the event development of the property exceeds 2,000 VPD based upon the ITE Trip Generation Report, 7th Edition, the monetary contribution will increase to a total of one hundred thousand dollars ($100,000.00). 4. Water and Sewer 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be borne by the Applicant. 5. Escalator Clause 5.1 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 Wampler Property Respectfully submitted, Wampler's Mobile Hornes By: Date Jack Wampler, Sr. STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2009, by My commission expires Notary Public Wampler's Mobile Homes By: jack Wampler, Jr. Date: STA 1 L OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2009, by My commission expires Notary Public Page 4 of 4 Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers @phra.com] Sent: Tuesday, October 06, 2009 10:57 AM To: Mike Ruddy Subject: Wampler _Attachments: Wampler Proffer_100609.pdf Mike, I've attached the revised Wampler Proffer that provides for maintaining all trees within 10 feet of Mr. Simkhovitch's property line (previously proffered at 5 ft) per Proffer 1.13. This doesn't increase the number of trees saved but I wanted to be sure that the intent of preserving trees along the property line was clear. Hopefully I can have the the notarized version to you this afternoon. Thanks, Patrick Patrick R. Sowers, AICP Planner Patton Harris Rust Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.ohra.com PROPOSED PROFFER STATEMENT REZONING: RZ N Rural Areas (RA) to Business General (B2) PROPERTY: 2.16 acre Tax Map Parcels 44B -1 -12D (the "Property RECORD OWNER Wampler's Mobile Homes APPLICANT: Wampler's Mobile Homes PROJECT NAME: Wampler Property ORIGINAL DAZE OF PROFFERS: June 12, 2008 REVISION DAlh October 1, 2008; November 25, 2008; February4, 2009; July 8, 2009; August 7, 2009 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 affirnung 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, Wampler Property" dated November 18, 2008 revised August 7, 2009 (the "GDP and shall include the following: 1. Site Development 1.1 The Property shall be developed in substantial conformance with the GDP. 1.2 The Applicant shall dedicate 15 feet of right of way along the Property frontage with Martinsbug Pike (Rt 11) prior to issuance of a building permit for the Property or within 90 days of receiving written request from Frederick County and the Virginia Department of Transportation (VDOT). (See 1 on GDP) 1.3 Access to the Property from Route 11 shall be limited to a single entrance located in the general location as depicted on the GDP. Said entrance and any associated improvements including turn lane shall be subject to VDOT review and approval at time of site plan. (See 2 on GDP) Proffer Statement Wampler Property 1.4 The Applicant shall provide a 25' buffer along the Property frontage with Martinsbug Pike (Rt 11) in substantial conformance with the attached exhibit entitled "Wampler Property, Route 11 Buffer" dated February 4, 2009 as prepared by Patton Harris Rust and Associates. Said buffer shall include a 10' asphalt hiker /biker trail constructed to VDOT standards as well as a 5' landscaped strip with low lying shrubs (3 per 10 linear feet minimum) and flowers between Martinsbug Pike and the hiker /biker trail. The buffer area will also include a 10' landscaped strip with deciduous flowering trees planted 40 feet on center and a split rail fence located between the hiker /biker trail and future parking area as shown on the attached exhibit. Said buffer improvements shall be installed prior to issuance of a certificate of occupancy for any building constructed on the Property. Additionally, the 10' landscaped strip may also be used for any parking lot landscaping requirements which would be provided in addition to any previously identified landscape improvements. Upon written request by the County, the Applicant shall dedicate an easement for the 5' landscaped area to the County for any future drainage and grading improvements that may be needed, (See 3 on GDP and Exhibit 1) 1.5 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide for inter- parcel access to and from the areas located North and South of the Property in substantial conformance with the locations depicted on the GDP as 4a and 4b. Should the Property develop with any use other than self service storage, the Applicant shall provide for an additional inter parcel access to areas located West of the Property ua substantial conformance with the location depicted on the GDP as 4c. (See 4a, 4b and 4c on the GDP) 1.6 The Applicant shall limit gasoline pumps to a maximum of 6 pumps with two fueling positions each for a maximum a of 12 fueling positions. 1.7 Excluding self service storage, the Property shall be developed with a maximum floor area ratio (FAR) of 025. 1.8 Until such time that adjoining properties (TM 44 -1 -A and TM 44B -1 -12Q are no longer in residential use, the hours of operation for any use located on the Property shall be limited to between the hours of 7:00 AM and 10:00 PM. 1.9 Until such time that adjoining properties (11V1 44 -1 -A and TM 44B- 1 -12C) are no longer in residential use, the Applicant proffers to prohibit the following uses on the Property. (1) Car washes. 1.10 Regardless of use on adjoining parcels, the Applicant proffers to prohibit the following uses on the Property (1) Communication Facilities, (2) Truck Stops, (3) Hotels and Motels, (4) Motion Picture Theaters, (5) Adult Retail 1.11 The Applicant shall install a row of evergreen trees planted a maximum of 8 feet on center along the Northern, Western, and Southern Property lines within the inactive buffer area as depicted on the GDP. Said trees shall be provided in addition to any landscaping otherwise required by ordinance. (See 5 on GDP) 1.12 The Applicant shall construct an 8 foot tall fence in lieu of the 6 ft fence required by ordinance within the inactive buffer area along the Northern, Western, and Southern Property lines as depicted on the GDP. (See 6 on GDP) 1.13 The Applicant shall retain all existing trees, excluding trees that are diseased or dying, located on the Property within 5 feet of the property boundary shared with TM 44 -1 -A. Page 2 of 4 Proffer Statement 2. Design Standards 2,2 Site lighting shall not exceed 25 feet in height and will utilize full cut -off luminaries. 3. Monetary Contribution to Offset Impact of Development Wampler Property 2.1 Any building constructed on the Property shall be constructed using one or a combination of the following: cast stone, stone, brick, architectural block, dry vit or stucco, other high quality masonry materials, wood, or glass. 3.1 The Applicant shall contribute the amount of one thousand dollars ($1,000.03) 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 (51,000.00) 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 Prior to issuance of a certificate of occupancy for any building constructed on the Property which would generate 2,000 vehicles per day (VPD) or less based upon the 11L Trip Generation Report, 7" Edition, the Applicant shall contribute the amount of seventy five thousand dollars (575,000.00) to Frederick County for road improvements within the general vicinity of the Property. In the event development of the property exceeds 2,000 VPD based upon the I IL Trip Generation Report, 7" Edition, the monetary contribution will increase to a total of one hundred thousand dollars (5100,000.00). 4. Water and Sewer 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be borne by the Applicant. 5. Escalator Clause 5.1 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 -ire paid w the Frederick County after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPI -LP') 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 Wampler Property Respectfully submitted, Wampler's Mobile I -Iomes By: Date: Jack Wampler, Sr. oo! /o I /O`9 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: k The fore oing instrument was acknowledged before me this 3.r dav of fr&,ir Jason Brent Omdarff Commonwealth of Virginia Notary Public Commis No. 237449 by .1610( Wa lei- xpires My commissi Notary Public Wampler's Mobile Homes By: Date: ack Wampler, St. 09/ /c`) STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrume t was acknowledged before me this s da f s Jason Brent Orndorff Commonwealth of Virginia Notary Public at Commission No. 237449 commission expires Cnmmla =Ion zofraq n2r0ODm2 Notary Public My comm Page 4 of 4 2 2009, of 2009, PROPOSED PROFFER STATEMENT REZONING: RZp D+01 Rural Areas (RA) to Business General (B2) PROPERTY: 2.16 acre Tax Map Parcels 44B -1 -12D (the "Property') RECORD OWNER Wampler's Mobile Homes APPLICANT: Wampler's Mobile Homes PROJECT NAME: Wampler Property ORIGIN ?AL DATE OF PROFFERS: june 12, 2008 REVISION DA 1E(S): October 1, 2008; November 25, 2008; February 4, 2009; Ju1y8, 2009 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 subnut 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, Wampler Property" dated November 18, 2008 revised February 4, 2009 (the "GDP and shall include the following: 1. Site Development 1.1 The Property shall be developed insubstantial conformance with the GDP. 1.2 The Applicant shall dedicate 15 feet of right of way along the Property frontage with Martinsbug Pike (Rt 11) prior to issuance of a building permit for the Property or within 90 days of receiving written request from Frederick County and the Virginia Department of Transportation (VDOT). (See 1 on GDP) 1.3 Access to the Property from Route 11 shall be limited to a single entrance located in the general location as depicted on the GDP. Said entrance and any associated improvements including turn lane shall be subject to VDOT review and approval at time of site plan. (See 2 on GDP) 1.4 The Applicant shall provide a 25' buffer along the Property frontage with Martinsbug Pike (Rt 11) in substantial conformance with the attached exhibit entitled "Wampler Property, Route 11 Buffer" dated February4, 2009 as prepared byPatton Harris Rust and Associates. Said buffer shall include a 10' asphalt hiker /biker trail constructed to VDOT standards as Proffer Statement Wampler Property well as a 5' landscaped strip with low lying shrubs (3 per 10 linear feet minimum) and flowers between Martinsbug Pike and the hiker /biker trail. The buffer area will also include a 10' landscaped strip with deciduous flowering trees planted 40 feet on center and a split rail fence located between the hiker /biker trail and future parking area as shown on the attached exhibit. Said buffer improvements shall be installed prior to issuance of a certificate of occupancy for anybuilding constructed on the Property. Additionally, the 10' landscaped strip may also be used for any parking lot landscaping requirements which would be provided in addition to anypreviously identified landscape improvements. Upon written request by the County, the Applicant shall dedicate an easement for the 5' landscaped area to the County for anyfuture drainage and grading improvements that maybe needed. (See 3 on GDP and Exhibit 1) 1.5 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide for inter- parcel access to and from the areas located North and South of the Property in substantial conformance with the locations depicted on the GDP as 4a and 4b Should the Property develop with any use other than self service storage, the Applicant shall provide for an additional inter- parcel access to areas located West of the Property in substantial conformance with the location depicted on the GDP as 4c. (See 4a, 4b and 4c on the GDP) 1.6 The Applicant shall limit gasoline pumps to a maximum of 6 pumps with two fueling positions each for a maximum of 12 fueling positions. 1.7 Excluding self service storage, the Property shall be developed with a maximum floor area ratio (FAR) of 0.25. 2. Design Standards 2.1 Any building constructed on the Property shall be constructed using one or a combination of the following: cast stone, stone, brick, architectural block, dry vit or stucco, other high quality masonry materials, wood, or glass. 2.2 Site lighting shall not exceed 25 feet in height and will utilizr 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 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 Prior to issuance of a certificate of occupancy for any building constructed on the Property which would generate less than 2,000 vehicles per day (VPD) based upon the I IE Trip Generation Report, 7th Edition, the Applicant shall contribute the amount of seventy five thousand dollars ($75,000.00) to Frederick County for road improvements within the general vicinity of the Property. In the event development of the property exceeds 2,000 VPD based upon the ITE Tnp Generation Report, 7th Edition, the monetary contribution will increase to a total of one hundred thousand dollars ($100,000.00). Page 2 of 4 Proffer Statement 4. Water and Sewer 5. Escalator Clause Trampler Property 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be borne by the Applicant. 5.1 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 from that date 30 months after the approval of this rezoning to the most recently available CPI 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, Wampler's Mobile Homes 7 Ac6)? Date V STAIN OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged by k Gr✓k fer IvIycommussion expires Notary Public before me this day of Jason Brent Orndorff Commonwealth of Virginia Notary Public Commssion No. 237449 Uy Commission "expires 02/292012 Page 4 of 4 AWampler Property 1 ��c� 2009, Patton Harris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects. P I a 117 East Piccadilly Vir Street. Suite 200 VYnches esler Virginia a 22601 T 540.667.2139 F 540.665.0493 WAMPLER PROPERTY GENERALIZED DEVELOPMENT FLAN DATE: 11/18/08 SCALE: 1" 100' REV: 2/4/09 LANDSCAPF STRIP., LOW LYING SHRUBS FLOWERS Patton Harris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Virginia Street, Suite 200 RA Winchester, Ugini inia 22601 T 540 667.2139 F 543.6650493 FUTURE PARKING AREA HIKER /BIKER TRAI SPLIT RAIL FENCE EXISTING MARTINSBURG PIKE (Rt 11) R/W S'CIDUOUS FLOWERING TREES WAMPLER PROPERTY ROUTE 11 BUFFER SCALE: 1" 100' EXHIBIT 1 DATE: 2/4/09 REZONING: RZg L t" C' Rural Areas (RA) to Business General (B2) PROPERTY: 2.16 acre Tax Map Parcels 44B -1 -12D (the "Property RECORD OWNER Wampler's Mobile Homes APPLICANT: Wampler's Mobile Homes PROJECT NAME: Wampler Property ORIGINAL DA 1 E OF PROFFERS: June 12, 2008 REVISION DA 'I E(S): October 1, 2008; November 25, 2008; February 4, 2009; July 8, 2009 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 CountySupervisors (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, Wampler Property" dated November 18, 2008 revised February 4, 2009 (the "GDP and shall include the following: 1. Site Development 1.1 PROPOSED PROFFER STATEMENT The Property shall be developed in substantial conformance h the GDP. 1.2 The Applicant shall dedicate 15 feet of right of way along the Property frontage with Martinsbug Pike (Rt 11) prior to issuance of a building permit for the Property or within 90 days of receiving written request from Frederick County and the Virginia Department of Transportation (VDOT). (See 1 on GDP) 1.3 Access to the Property from Route 11 shall be limited to a single entrance located in the general location as depicted on the GDP. Said entrance and any associated improvements including turn lane shall be subject to VDOT review and approval at time of site plan. (See 2 on GDP) 1.4 The Applicant shall provide a 25' buffer along the Property frontage with Martinsbug Pike (Rt 11) in substantial conformance with the attached exhibit entitled "Wampler Property, Route 11 Buffer" dated February 4, 2009 as prepared byPatton Harris Rust and Associates. Said buffer shall include a 10' asphalt hiker /biker trail constructed to VDOT standards as Proffer Statement well as a 5' landscaped strip with low lying shrubs (3 per 10 linear feet rninimum) and flowers between Martinsbug Pike and the hiker /biker trail. The buffer area will also include a 10' landscaped strip with deciduous flowering trees planted 40 feet on center and a split rail fence located between the hiker /biker trail and future parking area as shown on the attached exhibit. Said buffer improvements shall be installed prior to issuance of a certificate of occupancy for any building constructed on the Property. Additionally, the 10' landscaped strip may also be used for any parking lot landscaping requirements which would be provided in addition to anypreviouslyidentified landscape improvements. Upon written request by the County, the Applicant shall dedicate an easement for the 5' landscaped area to the County for any future drainage and grading improvements that may be needed. (See 3 on GDP and Exhibit 1) 1.5 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide for inter- parcel access to and from the areas located North and South of the Property in substantial conformance with the locations depicted on the GDP as 4a and 4b. Should the Property develop with any use other than self service storage, the Applicant shall provide for an additional inter parcel access to areas located West of the Property in substantial conformance with the location depicted on the GDP as 4c. (See 4a, 4b and 4c on the GDP) 1.6 The Applicant shall limit gasoline pumps to a maximum of 6 pumps with two fueling positions each for a maximum of 12 fueling positions. 1.7 Excluding self service storage, the Property shall be developed with a maximum floor area ratio (FAR) of 0.25. 2. Design Standards 2.1 Any building constructed on the Property shall be constructed using one or a combination of the following: cast stone, stone, brick, architectural block, dry vit or stucco, other high quality masonry materials, wood, or glass. 7,7 Site lighting shall not exceed 25 feet in height and will utilize full cut -off luminaries. 3. Monetary Contribution to Offset Impact of Development Page 2 of4 Wampler Property 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 Prior to issuance of a certificate of occupancy for any budding constructed on the Property which would generate less than 2,000 vehicles per day (VPD) based upon the I 1 h Trip Generation Report, 7th Edition, the Applicant shall contribute the amount of seventy five thousand dollars ($75,000.00) to Frederick County for road improvements within the general vicinity of the Property. In the event development of the property exceeds 2,000 VPD based upon the ITE Tnp Generation Report, 7th Edition, the monetary contribution will increase to a total of one hundred thousand dollars ($100,000.00). Proffer Statement 4. Water and Sewer Wampler Property 41 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be borne by the Applicant. 5. Escalator Clause 5.1 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 "Q I -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 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, Wampler's Mobile Homes By Dare: STA Ili OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledr, ri before me this 9 day of Jason Brent Orndorff Commonwealth of Virginia Notary Public Commssion No. 237449 4y Cammiss'mn Expires 0229/2012 My commission expires Notary Public Page 4 of 4 Wurnpler Property 2009, Patton Harris Rust Associates,pc Engineers SSury /eeyyoors. Planners. Landscape Architects. R 117 East Piccadilly Street, Suite 200 r i Rochester. Virginia 22601 T 540 667.2139 F 540.665.0493 WAMPLER PROPERTY GENERALIZED DEVELOPMENT PLAN SCALE: 1" 100' DATE: 11/18/08 REV: 2/4/09 w FUTURE PARKING AREA S DECIDUOUS FLOWERING TREES SPLIT R:vII. FI?.NCII. 10' LANDSCAPE STRIP 5' LANDSCAPE STRIP 10' HIKER /BIKER TRAIL 1.OVi' LYING SHRUBS 1:1,0WI RS ��V G 9G r EXISTING MARTINSBURG PIKE (Rt 11) R/W Patton Engineers. Harris Rust Associates,pc Surveyors. Planners. Landscape Architects. Wnchester, Virginia 22601 RA T 117 East Piccadilly Street. Suite 200 T 540.6677.2132139 F 540.665.0493 EXHIBIT 1 WAMPLER PROPERTY ROUTE 11 BUFFER SCALE: 1" 100' DATE: 2/4/09