REVISED PROFFER STATEMENT
Applicant: J. Roger Lindsey
Project: Bristow Road
April 11, 2007
Rezoning REZ #PP12004-00080
GPIN #7595-50-6251 (“Property”)
A-1 to O(L) (1.370 Acres)
Pursuant to Section 15.2-2303(A), Code of Virginia, 1950, as amended,
the undersigned
hereby proffers that the development and use of the subject property
(the “Property’),
consisting of 1.370 acres located on the west side of Bristow Road,
shall be in strict
conformance with the following conditions, unless an amendment is mutually
agreed
upon by the Board of County Supervisors (the “Board’) and
the undersigned applicant
(the “Applicant’). This proffer statement supercedes all
other proffer statements
previously submitted. The headings of this proffer statement set forth
herein have been
provided for convenience or reference only and shall not control or
affect the meaning or
be taken as an interpretation of any provision of this proffer statement.
In the event the
above-referenced rezoning to the O(L) Zoning District is granted as
applied for by the
Applicant, then this proffer statement shall govern the use of the Property.
In the event
the above-referenced rezoning is not granted as applied for by the Applicant,
then this
proffer statement shall be deemed withdrawn and shall be null and void,
all prior proffers,
if any, remaining applicable. Further, this proffer statement is 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 Board decision granting
the rezoning
may be contested in the appropriate court or, if contested, 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. If this
application is denied by the Board, but in the event an appeal is for
any reason thereafter
remanded to the Board for reconsideration by a court of competent jurisdiction,
then this
proffer statement shall be deemed withdrawn unless the Applicant shall
affirmatively
readopt all or any portion hereof, in a writing specifically for that
purpose. When used in
this proffer statement, the “Master Zoning Plan” shall refer
to the plan entitled “Master
Zoning Plan Bristow Road,” dated May 30, 2004 (the “MZP”),
and the Generalized
Development Plan (the “GDP”) (Sheet 2 of the MZP) shall
refer to the Plan so named,
dated April 16, 2007.
1. LAND USE PLAN
1.1 Commercial/office development shall not exceed
a maximum gross floor area of
21,000 square feet, and shall be constructed in the location generally
depicted on the
GDP. Uses permitted shall be those uses permitted within the O(L) District,
except that
the following uses shall not be conducted on the site:
Pawn or Thrift Shop
Commercial Kennel
Crematory
Heliport
Helistop
Marina
Mobile Home or Office Sales
Motorcycle Sales
Motor Vehicle Impound Yard
Motor Vehicle Sales, Rental or Lease (limited)
Motor Vehicle Sales, Rental or Lease (recreational)
Motor Vehicle Towing
Racetrack (equestrian or motorized vehicles)
Shooting Range (indoor)
Self Storage Center
Shopping Center
Stadium or Arena
Taxi or Limousine Operations Service Facility
Travel Trailers and Camp Park
Truck Stop with Related Facilities
1.2 The following proposed uses shall be included
as secondary uses and identified on the
GDP.
Adult Day Care Facility
Art Gallery
Barbershop, Beautician Studio, Tanning Salon
Cafeteria, Lunchroom, Snack Bar
Child Care Facility
Commercial Artist or Photographer's Studio
Office Equipment, Sales, Lease and Service
Quick Service Food Store (Not Free Standing)
Recording Studio
Recreational Facility
Restaurant
Retail Store
School for Special Instruction
Travel Agency
1.3 The development of the Property shall be substantially
in accordance with the GDP,
but shall be subject to reasonable adjustments at final engineering
and subdivision.
2. ARCHITECTURE
Architectural treatment of the building shall be provided in substantial
conformance with
the Elevation prepared by Lucarelli, Montes & Wells Architects dated
July 6, 2004 and
shall be subject to architecturally appropriate adjustments.
3. FIRE & RESCUE
The Applicant shall contribute to the Board the sum of $0.56 per FAR
square foot of
commercial development, for fire and rescue purposes, payable upon the
issuance of a
building permit for the site.
4. WATER & SEWER
The Applicant shall be responsible for constructing all facilities to
connect the Property
to public water and sewer.
5. ENVIRONMENT
5.1 Stormwater management for the Property shall be designed in accordance
with Best
Management Practices (‘BMP”). The Applicant shall contribute
to the Board the sum of
$75.00 per acre for water quality monitoring purposes, such sum to be
paid prior to final
site plan approval.
5.2 Plantings within perimeter buffer areas shall be only of native
and indigenous species
appropriate to the location and climate of the area.
6. TRANSPORTATION
An interparcel access connection shall be provided to the property line
of the parcel
owned by others bearing GRIN #7595-59-3420, in the area shown on the
GDP.
7. ESCALATOR CLAUSE
In the event that the monetary contributions set forth in this Proffer
Statement are paid to
the Board within eighteen (18) months of the approval of this rezoning,
as applied for,
said contributions shall be in the amounts stated herein. Any monetary
contributions
required hereby which are paid to the Board after eighteen (18) months
following
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 eighteen (18) months after approval hereof, to the most
recently available
CPI-U to the date the contributions are actually paid, subject to a
cap of six percent (6%)
per year, non-compounded.
