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HomeMy WebLinkAbout07-09 Proffer StatementM_ AMENDMENT Action: PLANNING COMMISSION: December 2, 2009 - Recommended Approval BOARD OF SUPERVISORS: March 24, 2010 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #07 -09 FOR BURNS PROPERTY - VALLEY MILL ROAD WHEREAS, Rezoning 907 -09 for Burns Property — Valley Mill Road, submitted by Patton Harris Rust & Associates, to rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers dated December 5, 2008 and last revised on' January 12, 2010, for Commercial Uses, was considered. The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54- A -112Q, 54 -A -I 12D and 54 -A -1 12P. WHEREAS, the Planning Commission held a public hearing on this rezoning on October 7, 2009 and a public meeting on December 2, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning onJanuary 13, 2010 and a public meeting on March 24, 2010; 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 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, for Commercial Uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRES#01 -10 • a, This ordinance shall be in effect on the date of adoption. Passed this 24th day of February, 2010 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye i I Gary W. Dove A y e Bill A Ewing Aye Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye PDRES401 -10 A nl nv ATTUvT 0 4 PROPOSED PROFFER STATEMENT REZONING: RZ H e7 - L Residential Performance (RP) to Business General (B2) PROPERTY: 126 acre + / -; Tax Map Parcels 54- A -112Q, 54- A -112D, and 54- A -112P (the "Property") RECORD OWNER David M. & Svedana M Bums APPLICANT: David M. & Svetlana M. Bums PROJECT NAME: Burns Property - Valley Mill Road ORIGINAL DATE OF PROFFERS: September 4, 2008 REVISIONDATE(S): December 5, 2008; August 18, 2009; September 10, 2009 November 16, 2009; December 23, 2009; January 12, 201 The undersigned hereby proffers that the use and development of the subject property ( "Propeny"), 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, Burns Property - Valley Mill Road" dated July27, 2009 revised November 16, 2009 (the "GDP "). 1. Site Development 1.1 The Property shall be developed in substantial conformance with the GDP. 1.2 Development of the Property shall not exceed a total of 12,000 square feet of building floor area and shall be funned to a maximum of 1,516 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 1,516. The ADT shall be determined using the latest edition of the I.T.E. Trip Generation Manual 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 1,516. 1.3 No certificate of occupancy shall be issued for any building constructed on the Property until such time that all road improvements for Valley NO Road provided by RZ N 03 -09, "Walgreens - Dairy Corner Place" as approved by Frederick County on August 12, 2009 are completed. Proffer Statement 0 Gras Property— Valley Mill Road 1.4 Direct Access to Valley Mill Road from the Property shall be prohibited. 1.5 Primary means of access to the Property shall be provided by an inter- parcel connection to and from the area located west of the Property in the general location depicted on the GDP. Said connection shall provide access to the Property via Valley NOIRoad through the adjoining property and shall align w th the interparcel connector provided per Proffer 1.4 for RZ N 03 -09, "Walgreens — Dairy Comer Place" as approved by Frederick County on August 12, 2009. The interparcel connection shall be installed prior to the issuance of a building permit for any building constructed on the Property. (See 1 on GDP) Nothing herein shall obligate the County to provide such access or to make arrangements or assist in providing such access. The Applicant acknowledges that, until access to the Property is provided to Valley Mill Road via the interparcel connection pursuant to Proffer 1.5, the Property would not be capable of use for any purpose constituting a change from its current use. 1.6 Access to Martin Drive from the Property shall be prohibited until such time that Martin -- Drive is accepted by Frederick County for public road purposes or uuntil all properties located along Martin Drive are zoned for commercial use. The location of any future access to Martin Drive and any improvements and/or right of way necessary for Martin Drive and Valley Mill Road to make said connection shall be subject to review and approval by Frederick County and VDOT. Nothing herein shall obligate the County to accept Martin Drive for public road purposes prior to or upon VDOT indicating that Martin Drive has been constructed to meet, or surety is provided sufficient to cover the wnstruction cost of those improvements required to meet, applicable VDOT standards for acceptance into the state secondary road system 1.7 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall construct a sidewalk along the Property frontage with Martin Drive. 1.8 The Applicant shall design and construct an additional lane for Valley M ll Road across the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on the Property. The Applicant shall dedicate all right of way necessary for said improvement as detemrined at the time of site plan. (See 2 on GDP) 1.9 Prior to issuance of a certificate of occupancy for any building construe led on the Property, the Applicant shall provide a left turn lane for Valley Mill Road, subject to VDOT review and approval, at the intersection of Dowell J Circle as depicted on the GDP. (See 3 on GDP) 1.10 The Applicant shall provide street trees planted a maximum of 50 on center across the Property frontage with Valley Mill Road as depicted on the GDP prior Ito the issuance of a certificate of occupancy for any building constructed on the Property. (See 4 on GDP) 1.11 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall construct a 10' asphalt trail in conformance with VDOT standards across the Property frontage with Valley Mill Road as depicted on the GDP. (See 5 on GDP) Page 2 of 4 Proffer Statement 2. 3. 11 0 Burns Property — Valley Mill Road 1.12 if an additional 10' of right of way for Valley Mill Road is dedicated by Frederick County Public Schools across the frontage of the Dowell J Howard Center property (I11 54-A -114), the Applicant shall construct a sidewalk as shown on the GDP along the South side of Valley Mill Road along the full frontage of the Dowell J Howard property to connect with the existing sidewalk located on the South side of Valley Mill Road. The Applicant shall prepare all documents necessary for the right of way dedication for use by Frederick County Public Schools within 12 months of the Date of Final Rezoning (DFR). In the event the right of way is dedicated prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall install the sidewalk prior to issuance of the certificate of occupancy for any building constructed on the Property or, in the alternative, provided that prior to issuance of such certificate of occupancy the Applicant bonds the sidewalk to completion, the Applicant shall install the sidewalk within 120 days of dedication of the additional right of way by Frederick County Public Schools. In the event the right of way is not dedicated prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall bond the sidewalk to completion prior to issuance of the certificate of occupancy for any building constructed on the Property and will install the sidewalk within 120 days of dedication of the additional right of way by Frederick County Public Schools. Finally, in the event the additional right of way has not been dedicated within 5 years of the DFR, the Applicant shall pay to the County the sum of $8,000 to be used for automobile and /or pedestrian transportation improvements within the County and the County shall release the aforementioned bond for the sidewalk improvements. (See .6 on GDP) - I Design Standards 2.1 Any building constructed on the Property shall be constructed using one of 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 mat I. used for building construction. I! Monetary Contribui on 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 pri or 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 prier to issuance of a building permit for the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 3 of 4 Proffer Statement 0 Respectfully submitted, David M. Bums By: fit/ Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-wit: Ons Property — Valley Mill Road The foregoing instrument was acknowledged before me this 3 day 2ee9-, by ac) U My commission expires Notary public F / 5 "l Ct174 Svetlana Bums By Date: l /l L?>//C STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit The foregoing instrument was acknowledged before me this / 3 � h day of J r4� 2ee9-, by 5j,' 4rrf'1 /4/v 8,s n/G My commission expires —L o I �2 Notary Public Liq� �r1 xz- jy! ealr±c / lq , /min m Cra- c Yj rr / 5 '7 c/ 7 5t Page 4 of 4 • • CD 0 N W trr ` nt( s�•oo (I•L � I 1 sECriY.' TWO ye l COLONGOL N£ /G / ;S SU9pV /S/ON ° SuLE I ": So' Y I 1 I LOT Pr ' LOT 26 B F1 D �W L07 25 cP `, LOT ze ss 8,526p ya a I \ I rp( I I• r .VS"•( O g • ° I LOT 24 , lOT P9 ^ 8a � � I I o f 1I2— P �a LOr 30 j 19,0350 st[•rr'uV - utw' '"' / 1 I tor 23 112.D 20,263 Wf IL m-RTIRCAIE It I 112Q / ut / e � 5417 -3 M965 54173 (E)162 a i Lanv sren s o[ � i 0 / IN 0 I >r , Ln / AAI \i -- - - -- ,� \\ x 1. / \ S / / e r 1 l� �a a as g� n ' ka ffi Y 00 O i li / / 0 / / \ 4 oK M a H O� :22 w y � I n JMM sus PHR+A TITLE 1 Patton Herrls Rust 8 Asso cia to s,pc — MILL ROAD BURNS VALLEY GENERALIZED Engineers. Surveyors. Planners. Landscape Architects. zzm JMM JULY 27, 2009 DEVELOPMENT PLAN � 11] East PluaEllly Street PHI =`"` RAM 1" m=30 , R M A G ISTE RIA L P1540S667- 0139601 c1 *. no. sHE[r t -0 I OF i FREDERICNC NTY. VIRGIN W / / i A 'f ca � b /i REZONING PROPERTY: RECORD OWNER. APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: PROPOSED PROFFER STATEMENT RZ # Residential Performance (RP) to Business General (B2) 1 126 acre + / -; Tax Map Parcels 54- A -112Q, 54- A -112D, and 54- A -112P (the "Property') David M. & Svetlana M. Bums David M. & Svetlana M. Bruns Burns Property - Valley Mill Road September 4, 2008 REVISION DATE (S): December 5, 2008; August 18, 2009; September 10, 2009; November 16, 2009; December 23, 2009 The undersigned hereby proffers that the use and development of the subject prc as described above, shall be in strict conformance with the following conditions, which other proffers that may have been made prior hereto. In the event that the above referer rezoning is not granted as applied for by the applicant ( "Applicant "), these proffer, perry ( "Property"), shall supersede all -ed B2 conditional shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon finial 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 hereur 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, Burns Property- Valley Mill Road" dated July 27, 2009 revised November 16, 2009 (the "GDP "). 1. Site Development 1.1 The Property shall be developed in substantial conformance with the GDP. 1.2 Development of the Property shall not exceed a total of 12,000 square feet of building floor area and shall be limited to a maximum of 1,516 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 1,516. The ADT shall be determined using the latest edition of the I.T.E. Trip Generation Manual 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 1,516. 1.3 No certificate of occupancy shall be issued for any building constructed on the Property until such time that all road improvements for Valley Mill Road provided by RZ k 03 -09, "Walgreens - Dairy Comer Place" as approved by Frederick County on August 12, 2009 are completed. Proffer Statement B Property - Valley Mill Road 1.4 Direct Access to Valley Mill Road from the Property shall be prohibited. 1.5 Primary means of access to the Property shall be provided by an inter - parcel connection to and from the area located west of the Property in the general location depicted on the GDP. Said connection shall provide access to the Property via Valley Mill Road through the adjoining property and shall align with the interparcel connector provided per Proffer 1.4 for RZ if 03 -09, "Walgreens - Dairy Corner Place" as approved by Frederick County on August 12, 2009. The interparcel connection shall be installed prior to the issuance of a building permit for any building constructed on the Properly. (See 1 on GDP) Nothing herein shall obligate the County to provide such access or to make arrangements orl assist in providing such access. The Applicant acknowledges that, until access to the Property is provided to Valley Mill Road via the interparcel connection pursuant to Proffer 1.5, the Property would not be capable of use for any purpose constituting a change from its current use. 1.6 Access to Martin Drive from the Property shall be prohibited until such time that Martin Drive is accepted by Frederick County for public road purposes or until all properties located along Martin Drive are zoned for commercial use. The location of any future access to Martin Drive and any hprovements and /or right of way necessary for Martin Drive and Valley Mill Road to make said connection shall be subject to review and approval by Frederick County and VDOT. Nothing herein shall obligate the County to accept Martin Drive for public road purposes prior to or upon VDOT indicating that Martin Drive has been constructed to meet, or surety i provided sufficient to cover the constmetion cost of those improvements required to meet, applicable VDOT standards for acceptance into the state secondary road system. 1.7 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall construct a sidewalk along the Property frontage with Martin Drive. 1.8 The Applicant shall design and construct an additional lane for Valley Mill Road across the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on the Property. The Applicant shall dedicate all right of way necessary for said improvement as determined at the time of site plan. (See 2 on GDP) 1.9 Prior to issuance of a certificate of occupancy for any building construld on the Property, the Applicant shall provide a left turn lane for Valley NO Road, subject to VDOT review and approval, at the intersection of Dowell J Circle as depicted on the GDP. (See 3 on GDP) 1.10 The Applicant shall provide street trees planted a maximum of 50' on center across the Property frontage with Valley Mill Road as depicted on the GDP prior to the issuance of 'a certificate of occupancyfor any building constructed on the Property. (See 4 on GDP) 1.11 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall construct a 10' asphalt trail in conformance with VDOT standards across the Property frontage with Valley NO Road as depicted on the GDP. (See 5 on GDP) Page 2 of 4 Proffer Statement 0 Bu Property — Valley Mill Road 1.12 If an additional 10' of right of way for Valley Mill Road is dedicated by Frederick County Public Schools across the frontage of the Dowell J Howard Center property (TM 54 -A -114), the Applicant shalt construct a sidewalk as shown on the GDP along Ithe South side of Valley Mill Road along the full frontage of the Dowell J Howard property to connect with the existing sidewalk located on the South side of Valley 1\till Road. The Applicant shall prepare all documents necessary for the right of way dedication for use by Frederick County Public Schools within 12 months of the Date of Final Rezoning (DFR). IThe sidewalk shall be installed prior to issuance of a certificate of occupancy for any building constructed on the Property or, in the event the right of way is dedicated after issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall install the sidewalk within 120 days of dedication of the additional right of way by Frederick County Public Schools. (See 6 on GDP) 2. Design Standards 2.1 Anybuilding constructed on the Propenyshall be constructed using one or a combination of the following : cast stone, stone, brick, architectural block, dryvit or stucco. Additionally, dumpster pad screen walls shall be constructed of the same masonry mateI ial(s) used for building construction. 3. MouetarLContribution to Offset Impact of Development 3.1 32 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. 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 p nor to issuance of a building permit for the Property. SIGNATURES APPEAR ON TIT FOLLOWING PAGES Page 3 of 4 Proffer Statement 9 Respectfully submitted, David M. Burns By. l Date: /Z�23LdF STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit Burns Property = Valley Mill Road The foregoing instrument was acknowledged before me this _ae day 2009,by d' AUt'd In, J3i,gAle, Myco scion fires, ¢ $' /'J Not Public �, * / 5 ';r y7`/ Svetlan, 52 Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this : 2. 3 day 2009, by Svefi L r ra a 6 A� Myco Sion eptres a 101. NotaryPublic11111,1 s //J N Page 4 of 4 \ I / 0 O zr a m \ A 1 ) /& x j �� j _>. s 3 O , / i/ I 1j — PHR +A I Patton Harris Rust 8 Associate s,pc CI GENERALIZED DEVELOPMENT PLAN Engineers. Surveyors. Planners, Landscape Architects. II/ Eost Piccotlllly Street P � T 66) 2139 ° IF 540- 665 -0493 `n a� a y oa n scAlc ,• =ao' -1 D 3 iy, s dbry b O t �, / `s f /:.''ate' / iii �•'�'' a X \ 0 zr _ a ° oN „ �Emj cR z � e� S R 4 0 x< g L X r II NO. I DESCRI"ON I DATE IIaWDI RRWD I MD JMM — PHR +A I Patton Harris Rust 8 Associate s,pc BURNS —VALLEY MILL ROAD RED BU FR E DE RIC K EIALVIRCNIA GENERALIZED DEVELOPMENT PLAN Engineers. Surveyors. Planners, Landscape Architects. II/ Eost Piccotlllly Street P � T 66) 2139 ° IF 540- 665 -0493 JMM DATE JULY 27, 2009 RAM scAlc ,• =ao' -1 D uT. NO SH aF ' ! i PROPOSED PROFFER STATEMENT RI"ZONING: R% # Residential Performance (RP) to Business General (132) PROPER'IY: 1.26 acre + / -; Tax Mal, Parcels 54-A- 112('„ 54 -A -1121), and, 54- A -112P (tire "Property") RECORD OWNp,R David M. & Svedana M. Burns APPLICANT: David NI. & Svcdana M. Burns PROJECTN,Vdh: Burns Property — Vallcy XhIl Road ORIGINAL DATE OF PROFFERS: September 4, 2008 REVISION DA'I F:(S): December 5, 2008; .-August 18, 2009; September 10, 2009; November 16, 2009 December ?3 2009 The undersigned hereb 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 map 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 (flee `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 entided "Generalized Development Plan, Burns Property — Vallcy Mill Road" dated July 27, 2009 revised November 16, 2009 (thc "GDP'). Site Development 1.1 The Property shall be developed in substantial conformance with the GDP. 12 Development of the Property shall not exceed a total of 12,000 square feet of budding floor area and shall be limited to a maximum of 1,516 Avenge Daily'f ups (AUD. It is understood that pass -by and all other reductions, as permitted by VDOT, may be applied to arrive at the maximum AD'T yield of 1,516. The ADT shall be determined using the latest edition of the LT .H. 'Trip Generation Vianual and shall be depicted on any future sire plans for the Property. No site plan shall be approved for the Property if the proposed use generates an AD'f count that exceeds 1,516. 1.3 No certificate of occupancy shall be issued for any building constructed on the Property until such dote that all road improvements for Valley Mill Road provided by RZ #03 -09, "Walgreens — Dairy Comer Place" as approved by Frederick County on August 12, 2009 are c,nrplered. Ir. 4 Proffer Statement Burns Property — Valley Mill Road 1.4 Direct Access to Valley Mill Road from the Property shall be prohibited. 1.5 Primary means of access to the Property shall be provided by an inter - parcel connection to and from the area located west of the Property in the general location depicted on the GDP. Said connection shall provide access to the Property via Valley Mill Road through the adjoining property and shall align with the interparcel connector provided per Proffer 1.4 for R% #03 -09, "Walgreens — Dairy Corner Place" as approved by Frederick County on August 12, 2009. The mterparcel connection shall be installed prior to the issuance of a building permit for any building constructed on the Property. (Sec 1 on GDP) Nothing herein shall obligate the County to provide such access or to make arrangements or assist in providing such aeeaas. The Applicant acknowledges chat, until access to the Property is provided to Valley Mill Road via the interparcel connection pursuant to Proffer 15, the Property would not be capable of use for any purpose constituting a change from its current use. 1b Access to Martin Drive from the Property shall be prohibited until such time that Martin Drive is accepted by Frederick County for public road purposes or until all properties located along Martin Drive are zoned for commercial use. The location of any finum access to Martin Drive and any improvements and /or right of way necessary for Martin Drive and Valley Mill Road to make said connection shall be subject to review and approval by Frederick County and VDOT. Nothing herein shall obligate the County to accept Martin Drive for public road purposes- prior to or upon VDDT indicating that Martin Drive has been constructed to meet, or ,surety is provided sufficient to cover the construction cost of those impn)vcmcnts required to meet, applicable VDDT standards for acceptance into the state seeondarl road system. 1.7 Prior to issuance of a certificate of occupancy for any building constructed on the Properh', the ,Applicant shall construct a sidewalk along the Property frontage with Martin Drive. 1.8 The Applicant shall design and construct an additional lane for Valley Mill Road across the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on the Property. 'I he Applicant shall dedicate all right of way necessary for said improvement as dcmrmincd at the time of site plan. (See 2 on GDP) 1.9 Prior to issuance of a certificate of occupancy for env building constructed on the Property, the Applicant shall provide a left tom lane for Valley Mill Road, subject to VDOT review and approval, at the intersection of Dowell I Circle as depicted on the GDP. (Sce 3 on GDP) 1.10 The Applicant shall provide street trees planted a maximum of 50' on center across the Property frontage with Valley Mill Road as depicted on the GDP prior to the issuance of a certificate of occupancy for any buil ding constructed on the Property. (See 4 on GI)P) 1.11 Prior to issuance of a certificate of occupancy for anv building constructed on the Property, the Applicant shall construct a 10' asphalt read in conformance with V DOT standards across the Property frontage with Valley Mill Road as depicted on the GDP. (See 5 on GDP) Page 2 of 4 Proffer Statement Burns Property— Valley Mill Road 1.12 If an additional 10' of right of way for Valley Mill Road is dedicated by Frederick County public Schools across the frontage of the Dowell f I- coward Center property (Lb] 54-A- 11-4 _ - Deleted: wtrhfa can aa o[vhe �ce of the Applicant shall construct a sidewalk as shown on the GDP along the South side of Valley Mill Road along the full frontage of the Dowell ) I Toward property to connect with the exisrine sidewalk located on the South side of Vallee Mill Road. The Annlicant shall Public Schools within 12 months of the Date of Final Rezoning rDIR). The sidewalk shall be installed prior to issuance of a certificate of occupancy for any building constructed on the Property or, in the event the right of way is dedicated after issuance of a certificate of occul2ancy for any building constructed on the Pm >yert% the Applicant shall install the sidewalk within 120 days of dedication of the additional right of wad by Frederick Counro public School . (See 6 on GDP) 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 sweet)..Additionally, dumpster pad screen walls shall be constructed of the same masonry material(s) used for building cone action. 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 Sheriffs Office purposes, Said conaibudon shall be made prior to issuance of a building permit for the Properry. SIGN ATIJ RES APPEAR ON 1'Id E FOLLOWING PAG I iS Page 3 of 4 Ste.- i_1 Proffer Statement Burns Property — Valley Mill Road Respectfully submitted, David M. Burns By: Date: SPATE 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 Sverlana Burns By: Date: 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 Page 4 of 4 Mike Ruddy From: Patrick R. Sowers [Patrick. Sowers @phra.com] Sent: Wednesday, December 23, 2009 2:55 PM To: Mike Ruddy { Subject: Burns Property Attachments: Burns Proffer_122309.pdf Mike, I've attached a PDF of the revised proffer statement for the Burns Property. At the PC, we committed to preparing the documents necessary for Fred Co Public Schools to dedicate the additional right of way along Valley Mill Road for the off site sidewalk. The revised proffer reflects this committment. Dave Burns and his wife are coming in today to sign the proffer. I will have the signatures to you next week. Also, our office is closed all next week so I won't be getting a -mails or voicemails. If you would like to discuss the revised proffers or if anything else comes up, feel free to call me on my cell phone - (540) 336 -3333. 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.l)hra.com V . r 1 LJ PROPOSED PROFFER STATEMENT REZONING: RZ N 0 7� O Residential Performance (RP) to Business General (B2) PROPERTY: 1.26 acre + / -; Tax Map Parcels 54- A -112Q, 54- A -112D, and 54- A -112P (the "Property') RECORD OWNER David M. & Svetlana M. Bums APPLICANT: David M. & Svetlana M. Bums PROJECT NAME: Burns Property- ValleyMill Road ORIGINAL DATE OF PROFFERS: September 4, 2008 REVISIONDATE(S): December 5, 2008; August 18, 2009; September 10, 2009 The undersigned hereby proffers that the use and development of the subject prc as described above, shall be in strict conformance with the following conditions, which other proffers that may have been made prior hereto. In the event that the above referen rezoning is not granted as applied for by the applicant ( "Applicant "), these proffen withdrawn and shall be null and void. Further, these proffers are contingent upon fir Property with "final rezoning" defined as that rezoning which is in effect on the day fol upon which the Frederick County Board of County Supervisors (the "Board ") decision gn may be contested in the appropriate court. If the Board's decision is contested, and the f to submit development plans until such contest is resolved, the term rezoning shall includ entry of a final court order affirming the decision of the Board which has not been appea the day following which the decision has been affirmed on appeal. The term "Applic herein shall include within its meaning all future owners and successors in interest. V proffers, the "Generalized Development Plan," shall refer to the plan entitled "Genera Plan, Burns Property- Valley Mill Road" dated July 27, 2009 revised September 10, 2009 ( Site Development _rty ( "Properr/'), hall supersede all :d B2 conditional shall be deemed rezoning of the wing the last day ring the rezoning plicant elects not the day following i, or, if appealed, it" as referenced en used in these ed Development e "GDP "). i 1.1 The Property shall be developed in substantial conformance with the GDP. 1.2 Development of the Property shall not exceed a total of 12,000 square feet of building floor area and shall be limited to a maximum of 1,516 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 1,516. The ADT shall be determined using the latest edition of the I.T.E. Trip Generation Manual 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 1,516. 1.3 Access to the Property shall be limited to one entrance on Martin Drive in the general location depicted on the GDP. Direct access to Valley NO Road shall be prohibited. (See 1 on GDP) • Proffer Statement 0 P is Property — Valley Mill Road 1.4 The Applicant shall provide an inter- parcel connector for access to and from the area located west of the Property in the general location depicted on the GDP prior to the issuance of a certificate of occupancy for any building constructed on the Property. (See 2 on GDP) 1.5 The Applicant shall design and construct an additional lane for Valley M ill Road across the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on the Property. The Applicant shall dedicate all right of way necessary for said improvement as determined at the time of site plan. (See 3 on GDP) 1.6 The Applicant shall provide a left turn lane for Valley M0 Road, subject to VDOT review and approval, at the intersection of Dowell J Circle as depicted on the GDP. (See 4 on GDP) 1.7 The Applicant shall provide street trees planted a maximum of 50 on center across the Property frontage with Valley NO Road as depicted on the GDP prior to the issuance of a certificate of occupancy for any building constructed on the Property. (Sei 5 on GDP) 1.8 If an additional 10' of right of way for Valley Mill Road is dedicated by Frederick County Public Schools across the frontage of the Dowell J Howard Center property (TM 54 -A -114), the Applicant shall construct a sidewalk as shown on the GDP along Ithe South side of Valley Mill Road along the full frontage of the Dowell J Howard property to connect with the existing sidewalk located on the South side of Valley NO Road. The proposed sidewalk across the Dowell J Howard Center property shall be constructed prior to issuance of a Property. 6 GDP) certificate of occupancy for any building constructed on the (See on 1.9 The Applicant shall widen existing Martin Drive to a minimum width of 22 feet as shown on the GDP between the intersection with Valley Mill Road and the proposed site entrance. The Applicant shall provide curb and gutter along the Property frontage 'with Martin Drive. Furthermore, the Applicant shall improve the intersection of Martin Drive and Valley Mill Road to provide for a right turn taper along Valley Mill Road and pavement widening of Martin Drive to accommodate any increase in traffic resulting from development of the Property. All proposed road improvements shall be subject to VDOT review and approval. 2. Design Standards 2.1 Anybudding constructed on the Propertyshall 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. Monetary Contribution to Offset Impact of Development 2.1 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. 2.2 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. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 2 of 3 u • n u Proffer Statement Respectfully submitted, • i Burns Property — Valley Mill Road David M. SSvetlana Bums By: /�%ww !� Date: sell to,2onc1 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this !D ?A day of 2009, by ,t ; M- (Stt2,v s My co ssion ires 1 Notary Public nu ` Reg. Jr q Page 3 of 3 0 0 0 I D 0 Al" A , "tall to 0, TN- MR 3 ti –171— X a - 0 0 C, 1F - 1� 101 00 A/ y - tit A 2 - am j m X FD ?< imm po p a Patton Harris Rust & AssoclateS,PC \ BURNS - VALL MILL ROAD GENERALIZED \N Rn — DA� �� JULY 27, 2009 X FD ?< imm PHR+A Patton Harris Rust & AssoclateS,PC BURNS - VALL MILL ROAD GENERALIZED Engineers Surveyors. Planners. Landscape Architects. — DA� imm JULY 27, 2009 117 EOSI FIC�0011fly s11111 RAM SC kE DEVELOPMENT PLAN JW + Wirr VA 1• =30' T 5 39 -- [C - 1JT — N0 ­ SHEU RED BUD AACISTERIAL DISTRICT F 540-665-0493 I OF 1 FREDERICK COUNTY, VIRGINIA 0 0 PROPOSED PROFFER STATEMENT REZONING: RZ # � C Residential Performance (RP) to Business General (132) PROPERTY: 1.26 acre + / -; Tax Map Parcels 54- A -112Q, 54- A -112D, and 54- A -112P (the "Property") RECORD OWNER: David M. & Svetlana M. Burns APPLICANT: David M. & Svetlana M. Burns PROJECT NAME: Burns Property— Valley Mill Road ORIGINAL DATE OF PROFFERS: September 4, 2008 REVISION DATE(S): December 5, 2008; August 18, 2009; September 10, 2009; November 16, 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 witn "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 includel'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, Burns Property— Valley Mili Road" dated July 27, 2009 revised November 16, 2009 (the "GDP "). 1. Site Development 1.1 The Property shall be developed in substantial conformance with the GDP. 1.2 Development of the Property shall not exceed a total of 12,000 square feet of building floor area and shall be limited to a maximum of 1,516 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 1,516. The ADT shall be determined using the latest edition of the I.T.E. Trip Generation Manual 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 1,516. 1.3 No certificate of occupancy shall be issued for any building constructed on the Properry until such time that all road improvements for Valley M ll Road provided by RZ #03 -09, "Walgreens — Dairy Corner Place" as approved by Frederick County on August 12, 2009 are completed. 0 Proffer Statement Burns Property — Valley Mill Road 1.4 Direct Access to Valley Mill Road from the Property shall be prohibited. 1.5 Primary means of access to the Property shall be provided by an inter - parcel connection to and from the area located west of the Property in the general location depicted on the GDP. Said connection shall provide access to the Property via Valley Mill Road through the adjoining property and shall align with the interparcel connector provided per Proffer 1.4 for RZ #03 -09, °Walgreens — Dairy Corner Place" as approved by Frederick County on August 12, 2009. The interparcel connection shall be installed prior to the issuance of a building permit for any building constructed on the Property. (See 1 on GDP) Nothing herein shall obligate the County to provide such access or to make arrangements or assist in providing such access. The Applicant acknowledges that, until access to the Property is prodded to Valley Mill Road via the interparcel connection pursuant to Proffer 1.5 the Property would not be capable of use for any purpose constituting a change from its current use. 1.6 Access to Martin Drive from the Property shall be prohibited until such Itime that Martin Drive is accepted by Frederick County for public road purposes or until all properties located along Martin Drive are zoned for commercial use. The location of any future access to Martin Drive and any improvements and /or right of way necessary for Martin Drive and Valley Mill Road to make said connection shall be subject to review land approval by Frederick County and VDOT. Nothing herein shall obligate the Countylto accept Martin Drive for public road purposes prior to or upon VDOT indicating that Martin Drive has been constructed to meet, or surety is provided sufficient to cover the construction cost of those improvements required to meet, applicable VDOT standards for acceptance into the state secondary road system. i 1.7 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall construct a sidewalk along the Property frontage with Martin Drive. 1.8 The Applicant shall design and construct an additional lane for Valley Mill Road across the Property frontage as depicted on the GDP prior to issuance of a certifrcatelof occupancy for any building constructed on the Property. The Applicant shall dedicate all right of way necessary for said improvement as determined at the time of site plan. (See 2 on GDP) i i 1.9 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide a left turn lane for Valle}' Mill Road, subject to VDOT review and approval, at the intersection of Dowell J Circle as depicted on the GDP. (See 3 on GDP) 1.10 The Applicant shall provide street trees planted a maximum of 50' on center across the Property frontage with Valley Mill Road as depicted on the GDP prior to the issuance of a certificate of occupancy for any building constructed on the Property. (See 4 on GDP) 1.11 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall construct a 10' asphalt trail in conformance with VDOT standards across the Property frontage with Valley Mill Road as depicted on the GDP. (See 5 on GDP) 1.12 If an additional 10' of right of way for Valley Mill Road is dedicated by Frederick County Public Schools across the frontage of the Dowell J Howard Center property (TM 54-A -114) wid 180 days of the Date of Final Rezoning (DFR), the Applicant shall construct a sidewalk as shown on the GDP along the South side of Valley NO Road along the full frontage of the Dowell J Howard property to connect with the existing sidewalk located on the South side of Valley Mill Road prior to issuance of a certificate of occupancy for any building constructed on the Propertv. (See 6 on GDP) Page 2 of 4 Proffer Statement Burns Property — Valley Mill Road 2. 3. Design Standards 2.1 Any building constructed on the Property shall be constructed using one i a combination of the following : cast stone, stone, brick, architectural block, dry Nit or stucco. Additionally, _dumpster pad screen walls shall be constructed of the same m_ asonry matenal(s) used for building construction. 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 fie and rescue purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 32 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for Sheriffs Office purposes. Said contribution shall be made prior to issuance of a building permit for the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 3 of 4 Proffer Statement Respectfully submitted, David M. Bums Burns Property Valley Mill Road By: Date: 21 -- STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 2009, by QAtH e l M. 1t)2.v S Myco stun ires ��02cA.�y Notary Public � t „�_ � ;.�,,,,.,,� Pe M 16' 94 y Svetlana Z By. Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: r The foregoing instrument was acknowledged before me this — /& - day 2009, by S V� tj ak' 4 ail✓e My commis ronex ires _ I 'J. Notary Public )f d �,� 171.bhr36Y id- 1+nmm 2 &G- PF 15 9 r7 R. Dig i Page 4 of 4 O O m O 1 " \J \ \\ � a V/ r�I;r\ 0/3 , iGJ6— — O i / 8 / 0 �a `n ° a n Eel `i / 64 \ O� O / „ gym • C �- Il( f a /I/ _ Y i� ,i /i y� a R m QO PN _ q �lf p m�pa s s� n �R y 6 I n g � R O O O / " JMM "`• PHR +A � Patton Harris Rust & Assoclates,pc BURNS — VALLEY MILL ROAD RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA GENERALIZED DEVELOPMENT PLAN Engineers. Surveyors. Planners. LantlscS Architects. II] East Piccadilly Street T 21139 I F 540- 665 -0493 DMWN JMM 6° jULY 27, 2009 2 Md Hier BMW Lo]/WW Kt Hs 11/15/Dg PRS 1 hied Dmel J. SidnealgReaKee Hint Mier 9 0 09 PRS NO. — DESCRIPTION DKTE REM " JMM "`• PHR +A � Patton Harris Rust & Assoclates,pc BURNS — VALLEY MILL ROAD RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA GENERALIZED DEVELOPMENT PLAN Engineers. Surveyors. Planners. LantlscS Architects. II] East Piccadilly Street T 21139 I F 540- 665 -0493 DMWN JMM 6° jULY 27, 2009 CHECKED RAM SC"` , - =ao• FlE u0. 158]7 - 1 - 0 CAT, No. SHEET , OF 1