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025-16 (RezoningWWWLC)REZONING APPLICATION #08-16 WWW, LC Staff Report for the Board of Supervisors Prepared: October 3, 2016 Staff Contact: John A. Bishop, AICP Assistant Director-Transportation ReviewedAction Planning Commission: 08/17/16 Public Meeting Held: Recommended Approval Board of Supervisors: 10/12/16 Pending; Public Meeting PROPOSAL: To revise proffers associated with Rezoning #03-03. Specifically this action impacts the implementation of Petticoat Gap Lane and the extension of Retail Boulevard. LOCATION: The site is located at the northwest quadrant of Northwestern Pike (US Rt. 50 West) and Retail Boulevard intersection. EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 10/12/16 BOARD OF SUPERVISORS MEETING: Rezoning #03-03 rezoned nearly 71 acres to B2 (General Business) along the north side of Route 50 West and Route 37. This is are now located. That rezoning encompassed numerous transportation proffers such as improvements to Route 50 and the interchange of Route 50 and Route 37. In addition, that rezoning called for the construction of a major collector roadway behind where the Walmart is now located to connect Route 50 and Botanical Boulevard. This roadway network is depicted in Master Development Plan #07-04 which is also referenced in the proffers. Through the development process there were alterations to the layout that was envisioned at that time and the first section of that major collector roadway was constructed as Retail Boulevard which, along with an additional access point along Route 50, has provided the access to the retail area that is now anchored by Walmart. The Applicant is now proposing to modify the proffers related to the implementation of the final portions of the proffered collector roadway. The request is to delay the design and construction of Petticoat Gap Lane and the undeveloped portion of Retail Boulevard and to allow up to 50,000 square feet of additional commercial development on the property before the road construction. As ownership has changed on significant portions of the original rezoning, the Applicant is seeking the proffer modification on their remaining 28.17 acres contained in parcel 52-A-B. Please note that VDOT has provided comments regarding concerns they have. Regarding proffer B2, VDOT notes that some additional undeveloped parcels from the original rezoning should be included in the square footage requirement that is being proposed to trigger the roadway. The Applicant has addressed the other agency or staff outstanding comments and those of the County Attorney in their final October 3, 2016 proffer statement. The Planning Commission was supportive of this request for a minor proffer modification to the road phasing and construction and recommended approval. Following the public meeting, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #08-16 WWW, LC October 3, 2016 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 08/17/16 Public Meeting Held; Recommended Approval Board of Supervisors: 10/12/16 Pending; Public Meeting PROPOSAL: To revise proffers associated with Rezoning #03-03. Specifically this action impacts the implementation of Petticoat Gap Lane and the extension of Retail Boulevard. LOCATION: The site is located at the northwest quadrant of Northwestern Pike (US Rt. 50 West) and Retail Boulevard intersection. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52-A-B PROPERTY ZONING: B2 (General Business) PRESENT USE: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural South: B2 (General Business) Use: VDOT/Vacant B3 (Industrial Transition) East: B2 (General Business) Use: Vacant/Bank West: B2 (General Business) Use: Vacant Rezoning #08-16 WWW, LC October 3, 2016 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see emails dated 4/14/16 and 10/30/15 from Matthew Smith P.E, Area Land Use Engineer. County Attorney: Please see letter dated March 10, 2016 from County Attorney Roderick B. Williams. Planning & Zoning: 1)Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcel as being zoned A- combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. In 1995 parcel 52-A-B was subdivided and sold at auction to WWW L.C. In 2003 the property was rezoned, with proffers, to the B2 Zoning District. 2)Comprehensive Policy Plan The WWW, LC site is located within the Round Hill Community Land Use Plan. The site is located wholly within the Sewer and Water Service Area (SWSA). The Round Hill Community Land Use Plan envisions the development of business/office land uses subject to the availability of central sewer and water facilities. The Round Hill Community Plan recognizes two distinct yet connected areas of development. There is the core rural community center area centered around Round Hill Road and the more commercial areas located along Route 50. This rezoning is located within the Route 50 Commercial area. The Round Hill Community Plan recommends the employment of design techniques to ensure the contextual compatibility of new commercial development in the Round Hill Community. Such techniques are intended to preclude the visual disruption of the Route 50 corridor while also promoting development whose configuration and appearance reflects the established character of the Round Hill Community. It is also noted that strip commercial development is explicitly discouraged within the Round Hill Community. 3) Proffer Statement Proffered Street Improvements The Applicant is proffering the following: 1.Dedicate the right-of-way for the Retail Boulevard extension and Petticoat Gap Lane within 180 days of the Conditional Zoning Amendment approval by the Board of Supervisors. 2.The owner shall limit site development to 50,000 square feet before completion of the construction or bonding of the Retail Boulevard extension and Petticoat Gap Lane. 3.The owner shall prepare a public improvement plan for the construction of the above mentioned Rezoning #08-16 WWW, LC. October 3, 2016 Page 4 roadways concurrent with the first site plan that exceeds 50,000 square feet of structural area. 4.The Applicant must bond the above noted roadways prior to the issuance of the Certificate of Occupancy Permit for the site plan which exceeds 50,000 square feet. 5.The Applicant is performing VDOT punch list and taking the actions necessary to get the existing portion of Retail Blvd. adopted into the system. 6.The combined trip generation for the parcels identified in Master Development Plan #07-04 shall not exceed 15,000 trips per day without further approval from the County. When the total for existing traffic and the ITE trip generation report projected traffic exceeds 15,000 the Applicant must perform an updated TIA. Additional site plans will not be approved until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 08/17/16 MEETING: Staff reported this rezoning is a minor proffer amendment regarding the phasing; specifically the transportation improvements and more specifically the extension of Retail Boulevard and the completion of Petticoat Gap Lane. Staff presented an aerial graphic of the site. Mr. Bishop explained the property is located on the Northwest quadrant of the intersection of Route 50 and Retail Boulevard. Staff continued by presenting a brief history of the site. Staff reported the site consists of 28.17 acres. Mr. Bishop continued this property was originally rezoned in 2003 and was nearly 71 acres along the north side of Route 50 and west of Route of Clarke County are located. Staff explained that particular rezoning encompassed numerous transportation proffers such as improvements to Route 50 and the interchange of Route 50 and Route 37. Staff noted in addition, that rezoning called for the construction of a major collector roadway behind the Walmart to connect Route 50 and Botanical Boulevard. Mr. Bishop continued through the development process with alternations to the layout that was envisioned at that time; the first section of the major collector road was constructed as Retail Boulevard, which has provided the access to the retail area that surrounds Walmart. Staff reported the Applicant is now proposing to modify the proffers related to the final portions of the proffered collector roadway. Staff presented the proposed phasing triggers: Submit right-of-way dedication plat for the remaining section of Retail Boulevard and Petticoat Gap Lane within 180 days of conditional zoning amendment approval by the Board of Supervisors. Prior to exceeding 50,000 square feet of site development the Applicant will design and construct or bond the remainder of Retail Boulevard and Petticoat Gap Lane. Construction must occur on or before the completion of the Phase 2 Lutheran Boulevard Transportation Program. Mr. Bishop reported some items to note as this application is considered would be that VDOT and the County Attorney have provided comments regarding concerns they have. Staff explained regarding proffer B2, VDOT notes that some additional undeveloped parcels from the original rezoning should be included in the square footage requirement that is being proposed to trigger the roadway and the County Attorney notes concerns with the fact that the right-of-way is under a different LLC entity and that the contract to construct in proffer B4 does not represent an actual guarantee to construct the roadway but merely an obligation to a third party. Mr. Evan Wyatt representing the Applicant came forward. Mr. Wyatt reported when this property was originally rezoned the area was not largely commercialized. Mr. Wyatt continued now there are several Rezoning #08-16 WWW, LC. October 3, 2016 Page 4 businesses at the location and the road configuration has changed. Mr. Wyatt highlighted the important question when is the right time to build Petticoat Gap Lane. Mr. Wyatt noted the Applicant has gone through several scenarios with VDOT and the most comfortable approach for VDOT appears to be to limit the 28 acres to 50,000 square ft. Mr. Wyatt continued regarding the comment sent forth by the County Attorney, he explained in 2004 this parcel was deeded by WWW L.C. to Petticoat Gap L.L.C. and the conditions on the dedication were reserved for public street purposes. He continued the Applicant has 180 days to perform and the Applicant has proposed to add to proffer B1. It currently states the owner shall prepare and submit a right-of-way dedication plat for Petticoat Gap Lane and the undeveloped portion of Retail Boulevard to the County within 180 days of conditional zoning amendment approval by the Frederick County Board of Supervisors. Mr. Wyatt noted the Applicant would like to add the A Commission Member commented it may have been simpler to add Petticoat Gap L.L.C. as a party to the proffers if there is a good relationship. Mr. Wyatt this could have been done however he feels with the addition to B1 it will result in the same. A motion was made, seconded, and unanimously recommended approval of REZ #08-16 with the addition of . Absent: Thomas EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 10/12/16 BOARD OF SUPERVISORS MEETING: Rezoning #03-03 rezoned nearly 71 acres to B2 (General Business) along the north side of Route 50 West and Route 37. This is where busi are now located. That rezoning encompassed numerous transportation proffers such as improvements to Route 50 and the interchange of Route 50 and Route 37. In addition, that rezoning called for the construction of a major collector roadway behind where the Walmart is now located to connect Route 50 and Botanical Boulevard. This roadway network is depicted in Master Development Plan #07-04 which is also referenced in the proffers. Through the development process there were alterations to the layout that was envisioned at that time and the first section of that major collector roadway was constructed as Retail Boulevard which, along with an additional access point along Route 50, has provided the access to the retail area that is now anchored by Walmart. The Applicant is now proposing to modify the proffers related to the implementation of the final portions of the proffered collector roadway. The request is to delay the design and construction of Petticoat Gap Lane and the undeveloped portion of Retail Boulevard and to allow up to 50,000 square feet of additional commercial development on the property before the road construction. As ownership has changed on significant portions of the original rezoning, the Applicant is seeking the proffer modification on their remaining 28.17 acres contained in parcel 52-A-B. Please note that VDOT has provided comments regarding concerns they have. Regarding proffer B2, VDOT notes that some additional undeveloped parcels from the original rezoning should be included in the square footage requirement that is being proposed to trigger the roadway. The Applicant has addressed the other Rezoning #08-16 WWW, LC. October 3, 2016 Page 4 agency or staff outstanding comments and those of the County Attorney in their final October 3, 2016 proffer statement. The Planning Commission was supportive of this request for a minor proffer modification to the road phasing and construction and recommended approval. Following the public meeting, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. REZ # 08 - 16 400 CLOCKTOWER RIDGE WWW, LC PIN: 2106 52 - A - B NORTHWESTERN PIKE Modified Proffers 2340 NORTHWESTERN PIKE 501 WALMART DR REZ #08-16 501 WALMART DR 52 A B 501 WALMART DR 501 WALMART DR 110 CROCK WELLS MILL 150 CROCK 180 WELLS MILL CROCK WELLS MILL 01 50 ST 803 Applications 2255 Parcels 2161 2275 NORTHWESTERN NORTHWESTERN NORTHWESTERN Sewer and Water Service Area 2275 PIKE 101 PIKE PIKE NORTHWESTERN 2153 Building Footprints STONEWALL DR PIKE NORTHWESTERN Round Hill B1 (Business, Neighborhood District) 2177 PIKE NORTHWESTERN B2 (Business, General Distrist) PIKE B3 (Business, Industrial Transition District) 2147 137 NORTHWESTERN EM (Extractive Manufacturing District) ROUND PIKE HILL RD HE (Higher Education District) 100 STONEWALL DR M1 (Industrial, Light District) Note: M2 (Industrial, General District) REZ # 08 - 16 Frederick County Dept of MH1 (Mobile Home Community District) WWW, LC Planning & Development I MS (Medical Support District) 107 N Kent St PIN: Suite 202 OM (Office - Manufacturing Park) 52 - A - B Winchester, VA 22601 R4 (Residential Planned Community District) Modified Proffers 540 - 665 - 5651 R5 (Residential Recreational Community District) Map Created: July 14, 2016 RA (Rural Area District) Staff: jbishop RP (Residential Performance District) 0165330660Feet REZ # 08 - 16 400 CLOCKTOWER RIDGE WWW, LC PIN: 2106 52 - A - B NORTHWESTERN PIKE Modified Proffers 2340 NORTHWESTERN PIKE 501 WALMART DR REZ #08-16 501 WALMART DR 52 A B 501 WALMART DR 501 WALMART DR 110 CROCK WELLS MILL 150 CROCK 180 WELLS MILL CROCK WELLS MILL 01 50 ST 803 2255 2161 2275 NORTHWESTERN NORTHWESTERN NORTHWESTERN 2275 PIKE 101 PIKE PIKE NORTHWESTERN 2153 STONEWALL DR PIKE NORTHWESTERN Round Hill 2177 PIKE NORTHWESTERN PIKE 2147 137 NORTHWESTERN ROUND PIKE HILL RD 100 STONEWALL DR Note: REZ # 08 - 16 Frederick County Dept of WWW, LC Planning & Development I 107 N Kent St PIN: Suite 202 52 - A - B Winchester, VA 22601 Applications Modified Proffers 540 - 665 - 5651 Parcels Map Created: July 14, 2016 Sewer and Water Service Area Staff: jbishop Building Footprints 0165330660Feet REZ # 08 - 16 400 CLOCKTOWER WWW, LC RIDGE PIN: 52 - A - B 2106 NORTHWESTERN Modified Proffers PIKE 2340 NORTHWESTERN PIKE REZ #08-16 52 A B 501 WALMART DR Applications Parcels Sewer and Water Service Area Building Footprints Long Range Land Use Residential 110 Neighborhood Village CROCK 150 WELLS MILL Urban Center CROCK 01 WELLS MILL Mobile Home Community 50 Business 180 Highway Commercial CROCK Mixed-Use WELLS MILL Mixed Use Commercial/Office Mixed Use Industrial/Office 2275 2255 NORTHWESTERN Industrial 2161 NORTHWESTERN PIKE NORTHWESTERN Warehouse 101 PIKE PIKE STONEWALL DR Heavy Industrial 2275 324 2177 Extractive Mining NORTHWESTERN ROUND NORTHWESTERN PIKE HILL RD PIKE NORTHWESTERN Commercial Rec 344 STONEWALL Rural Community Center ROUND 137 ORCHARD HILL RD Fire & Rescue ROUND Subdivision HILL RD Historic 100 107 Institutional STONEWALL DR STONEWALL DR 103 Planned Unit Development STONEWALL DR 435 Round Hill Park ST WOODCHUCK LN 109 183 803 Recreation 104 STONEWALL DR ROUND 365 STONEWALL DR School 108 HILL RD 219 ROCK STONEWALL DR ROUND HARBOR DR Employment 106 HILL RD STONEWALL DR Airport Support Area B2 / B3 Note: Residential, 4 u/a REZ # 08 - 16 Frederick County Dept of High-Density Residential, 6 u/a WWW, LC Planning & Development I High-Density Residential, 12-16 u/a 107 N Kent St PIN: Suite 202 Rural Area 52 - A - B Winchester, VA 22601 Interstate Buffer Modified Proffers 540 - 665 - 5651 Landfill Support Area Map Created: July 14, 2016 Natural Resources & Recreation Staff: jbishop Environmental & Recreational Resources 0210420840Feet Greenway Engineering April 2, 2015 WWW, LC Rezoning Revised July 20, 2015; Revised February 8, 2016 Revised September 27, 2016 Revised October 3, 2016 WWW, LC - PROFFER STATEMENT REZONING: RZ# 08-16 Conditional Zoning Amendment Business General (B2) with Proffers to Business General (B2) with Revised Proffers PROPERTY: Tax Parcel 52-A-B; 28.17+/- acres (here-in after the ) RECORD OWNER: Winchester Warehousing, Inc. & Silver Lake, LLC APPLICANT: Winchester Warehousing, Inc. & Silver Lake, LLC (here-in after ) PROJECT NAME: WWW, LC ORIGINAL DATE OF PROFFERS: April 2, 2015 REVISION DATE: September 27, 2016 October 3, 2016 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #08-16 for the 28.17±-acres Propertyfrom the B2, Business General District with approved proffers to the B2, Business General District with revised proffers, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property, identified as WWW, LC is more particularly Winchester Warehousing, Inc., and Silver Lake, LLC, P/O Tax Map Parcel 52-A-Bon the Final Subdivision Plat of the Property of Winchester Warehousing, Inc. and Silver Lake , LLC, June 5, 2004, by Gilbert W. Clifford & Associates, recorded as Instrument Number 040017251. File #4928S/EAW 1 Greenway Engineering April 2, 2015 WWW, LC Rezoning Revised July 20, 2015; Revised February 8, 2016 Revised September 27, 2016 Revised October 3, 2016 WWW, LC - PROFFER STATEMENT A. Master Development Plan The development of the Property shall be consistent with Master Development Plan #07-04 approved by Frederick County on June 30, 2004, except for the narrative pertaining to Petticoat Gap Phasing. The requirements for Petticoat Gap Lane are specified within the Street Improvements Section of this Proffer Statement. B. Street Improvements The Owner shall design and construct all roads adjoining the subject property as provided in these proffers and as illustrated on Master Development Plan #07-04. 1.Petticoat Gap Lane and Retail Boulevard are identified on Master Development #07--of-ways. The Owner shall prepare and submit a right-of-way dedication plat for Petticoat Gap Lane and the undeveloped portion of Retail Boulevard to the County within 180 days of Conditional Zoning Amendment approval by the Frederick County Board of Supervisors and prior to any development activity on the Property. 2.The Owner shall limit development on the Property to 50,000 square feet of structural area before construction of the undeveloped portion of Retail Boulevard and Petticoat Gap Lane. 3.The Owner shall prepare a Public Improvement Plan for the undeveloped portion of Retail Boulevard along the eastern boundary of the Property and for Petticoat Gap Lane throughout the limits of the dedicated right-of-way area identified in Section B1 of the Proffer Statement. The Public Improvement Plan shall be prepared and submitted for review by VDOT and the County concurrent with the first Site Plan which exceeds 50,000 square feet of structural area on the Property. The undeveloped portion of Retail Boulevard shall be designed consistent with the constructed section and Petticoat Gap Lane shall be designed as a two-lane street section with a center left turn lane sufficient to provide for left turn movements at Retail Boulevard and the intersection immediately east of Wal-Mart (Tax Map Parcel 52-A-D). 4.The Owner shall have the option of constructing or bonding the undeveloped portion of Retail Boulevard and Petticoat Gap Lane sections consistent with the approved Public Improvement Plan. The Owner shall provide the County with bonding for construction prior to the issuance of a Certificate of File #4928S/EAW 2 Greenway Engineering April 2, 2015 WWW, LC Rezoning Revised July 20, 2015; Revised February 8, 2016 Revised September 27, 2016 Revised October 3, 2016 Occupancy Permit for the Site Plan which exceeds 50,000 square feet of structural area on the Property. If the Owner provides bonding for the completion of the Retail Boulevard and Petticoat Gap Lane sections consistent with the approved Public Improvement Plan, construction Construction of these road improvements the undeveloped portion of Retail Boulevard shall occur on or before the completion of the Phase 2 Lutheran Boulevard Transportation Program identified in the approved Proffer Statement for RZ #01-09. 5.The Owner shall complete improvements to the constructed portion of Retail Boulevard consistent with the Retail Boulevard Punch List Items identified in the September 21, 2016 correspondence from the Virginia Department of Transportation (VDOT). Completion of the Retail Boulevard Punch List Items shall occur within 180 days of Conditional Zoning Amendment approval by the Frederick County Board of Supervisors and prior to any development activity on the Property. Completion of the Retail Boulevard Punch List Items identified in the September 21, 2016 correspondence from VDOT Retail Boulevard. 6.The combined trip generation (ADT) for the parcels identified in Master Development Plan #07-04 shall not exceed 15,000 TPD (average weekday volume) without further approval by the County. The trip generation from the project may be measured by the Owner from data collected from actual traffic counts and from ITE generation counts. The combined traffic impact from the overall site identified in Master Development Plan #07-04 is not to exceed 15,000 TPD (average weekday volume) when actual counts and ITE generation counts are added for cumulative total. If the total for any site causes the cumulative total for the overall site identified in Master Development Plan #07-04 to exceed 15,000 TPD, then it is agreed that the applicant shall not file additional site plan applications until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The applicant shall perform an updated TIA of the project intersections on U.S. Route 50 and of the Route 50/Route 37 interchange when traffic generation from the site identified in Master Development Plan #07-04 reaches 15,000 TPD (average weekday volume). The County may revise this 15,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. C. Property Design Features File #4928S/EAW 3 Greenway Engineering April 2, 2015 WWW, LC Rezoning Revised July 20, 2015; Revised February 8, 2016 Revised September 27, 2016 Revised October 3, 2016 Development of the Property shall include the following landscape design features identified on Master Development Plan #07-04 approved by Frederick County on June 30, 2004. 1..S. Route 50 West frontage of the Property travel ways and commercial structures shall be setback a minimum of from U.S. Route 50 West. The landscaped green strip and hiker/biker trail shall be developed in conjunction with approved Site Plans that front along U.S. Route 50 West. 2.Individual sites developed on the Property shall be designed with inter-parcel connections where practical based on topographic constraints of the Property. 3.Metal exteriors shall be prohibited for all buildings constructed on the Property. 4.The Owner shall establish a Property Owners Association for the Property that will be governed by a Board of Directors that will be responsible for review of all plans of development to ensure conformity to all requirements identified in Master Development Plan #07-04 and all requirements associated with private deed and covenant restrictions. OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES File #4928S/EAW 4 Greenway Engineering April 2, 2015 WWW, LC Rezoning Revised July 20, 2015; Revised February 8, 2016 Revised September 27, 2016 Revised October 3, 2016 Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Winchester Warehousing, Inc. Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File #4928S/EAW 5 Greenway Engineering April 2, 2015 WWW, LC Rezoning Revised July 20, 2015; Revised February 8, 2016 Revised September 27, 2016 Revised October 3, 2016 Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Silver Lake, LLC Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File #4928S/EAW 6 :ELACS teeF 005 = hcnI 1 60-70-6102 :ETAD S8294 :DI TCEJORP EWD :YB DENGISED TNEMDNEMA AINIGRIV ,YTNUOC KCIREDERF REFFORP WWW 6102 TCIRTSID LAIRETSIGAM OROBSENIAG TIBIHXE NOITACOL DNA GNINOZ TNEMDNEMA REFFORP WWW 6102 TIBIHXE NOITACOL DNA GNINOZ