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Ruthaftsd Crossing Rmmhlg Ormnway Ensiaming April S, 20W . Ruthaford CrMing Rezoning
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Tlie Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-l00), and the Record
Owners, Virginia Apple Storage, Ine., (Tax -Parcel #43-((A))-99); C, Robert
The, 2004 Proffer Statement is hereby terminated and in licu, of the same, this 2006
Solenberger, John S. Scully, IV, and John B. Schrot-h—_(rax PafmrW3_(TX5 M,
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Proffer Statement is made.
hereby proffer to limit the total building structures to 1,245,000 square feet for the
c.) A traffic signal will be installed by the Applicant when warranted by YDOT
attachment for nwiew and approval by the Frederick County Plantring Department
installation features.
entire Property.
at die intersection of Martinsburg Pike with the noi-thbound on�rarnp of the
liars to Section 15.2-2296 Et. Se q. of the Code of Virginia, Iq50, as amended,
The interpretative signs will cintain language and pictures acceptable to the
Interstate 81 Exit 317 interchange and Redbu4 Road (Route 661) in the
and the provisions of the Frederick County Zoning Ordinance With respect to
conditional zoning, the undersigned Applicant and Record Owners hereby proffer that
B.) P hiiated Land Usc
configuration and design as approved by VDOT. This traffic signal shall be
designed to accommodate the relocation of the Interstate 81 northbound off-
in the event the Board of Supervisors of Frederick County, Virginia, shall approve
ramp at a cross intersection with the existing Interstate, 81 northbound on-
Rezoning Application # 17-06 for the rezoning of a 22.45*-Acre portion of , Tax Parcel
The Applicant, Rutherford Farm, 11r, (Tax Parcel #43-((A))-l00), hereby proffer
ramp. The Applicant shall enter into and execute a signalization agreement
43-((A))-100 from B-3, Industrial Transition District to B-2, Business General
that the following land uses shall not be permitted on die B-2, Business General
prior to the issuance of lhp4irst occupmicy pernlit vs,ithin the B-2, Business
District and a 8.51t-acre portion of Tax Parcel 43-((A))09 fire at M71, Light
District portion of the Property:
General District acreage 1 on the Property.
Industrial District to B-2 Business General District, and to reconfigure the M-1, Light
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Industrial District, and 11 -2, Business General Disuirt zoning boundaries for the
p9m "tio gal
d.) Prior to the installation of the traffic signals provided for in this section, the,
remainder of the acreage to establish the following.
Truck Stop $541
Applicant hereF)y agree to prepare a signalization timing analysis for all
Zoning Districts
existing and proposed traffic signals located along Martinsburg Pike between
will he located in substantial conformity with the intennal rmott,
(Excluding Truck Stops, all other uses within SIC Code 5541 are hereby
the proposW primary entrance to the Property and Crown Lime. The
> 79.03:t-acres of M-1, Light Industrial District
acceptable and included on the B-2, Business General District portion of the
Applicart:`will provide this analysis to it T" and will incur the cost required
> 59.65:t-acres of 13-2,1lasiriessGencial District
Property)
to rcc�rfflgure the signalization timing for each traffic signal identified in the
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acct" ifwairatedbyVDOT,
Overlay District
> 13RAR+.9treq of IA. Interstate Area Oveillav District
C.)Trgnspo�fiopEn ancemgj
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6. COUNTY of FREDERICK
Department of Planning and Development
540/665.5651
FAX: 540/665-6395
14, 2007
Pete Rotelli, Sr., Site Development Manager
Lowe's Florne Improvement Warehouse
6407 Forest Grove Dr.
Fredericksburg, VA 22407
Rod Tirana
Rutherford Farm, LLC
8230 Leesburg Pike, Suite 500
Vienna, VA 22182
RE: Parking Requirements for Lowe's at Rutherford Crossing
Property ldentification'Nurnber (PIN): 43-A-.100
Dear Messrs, Rotelli and Brana:
In response to your request for a parking determination, please be advised that this office has
determined that the proposed Lowe's will require a minimum of one parking space per 275
square feet of floor area (building and garden area combined), or 622 parking spaces total, to
satisfy the parking requirements under §165-27 of the Frederick County Zoning Ordinance.
As long a.s this minimum parking 7 space number is maintained on the Lowe's site., Lowe's
will be able to subdivide its lot. If the number of spaces is reduced, a shared parking
agreement in conformance with § 165 -27B will be required,
You may have the right to appeal this zoning determination within thirty (30) days of the date
of this letter in accordance with Section 15.2-2311 of the Code of Virginia. 'I'llis decision
shall be final and unappealable if it is not appealed within thirty (30) days, Should you
choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of
Zoning Appeals (BZA) in accordance with Article XXI, Section 165-455A(l) of the
Frederick County Zoning Ordinance. This provision requires the submission of an
application form, written statement setting forth the decision being appealed, date of
decision, the grounds for the appeal, how that; appeilam is an aggrieved party, any odivr
iril'ori-nation you may want to submit and a $250.00 filing fee and $50.00 refundable sign fee.
Once the appeal application is accepted, it will be scheduled for public hearing and decision
before the BZA.
If you have any questions contact me at 540 -665 -5651.
Sincerely,
Mark R. Cheran
Zoning Administrator
MRC/bhd
107 North Kent Street, Suite 202 - Winct)vster, Virginia 22601-5000
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The Applicant, Rutherford Farm, UC, (Tax Parcel $434A))
to coordinate., dedicate, and construct the major collec-Lai
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primary entrance to the Property and the first intersection on,
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attachment for nwiew and approval by the Frederick County Plantring Department
installation features.
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conformity with the internal road network identified on the
The interpretative signs will cintain language and pictures acceptable to the
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identified on Zoning Exhibit "B" prepared by Bury-Wartners
shall replace the major collector road arid the internal road
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Frederick County on November 22, 2M2. The, Applicant, Ru
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the construction of the road sections described in this partigra,
and made available for public access no later than December
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The remaining portion of the major collector road system
Crossing Association, !nc., a non-stock corporation to be established by the
major collector road system described in the above paragral
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located to the south of the major collector road described in
Applicant, Rutherford Farm, LLC, within 60 days of final rezoning approval.
will be incorporated in and coustmeted with each site p4l
adjacent to or is part of the site plan. The location of these i
will he located in substantial conformity with the intennal rmott,
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attached as a proffered exhibiL
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proffers that all freestanding business signs located at the entrances to the
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2) Landscaping
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6. COUNTY of FREDERICK
Department of Planning and Development
540/665.5651
FAX: 540/665-6395
14, 2007
Pete Rotelli, Sr., Site Development Manager
Lowe's Florne Improvement Warehouse
6407 Forest Grove Dr.
Fredericksburg, VA 22407
Rod Tirana
Rutherford Farm, LLC
8230 Leesburg Pike, Suite 500
Vienna, VA 22182
RE: Parking Requirements for Lowe's at Rutherford Crossing
Property ldentification'Nurnber (PIN): 43-A-.100
Dear Messrs, Rotelli and Brana:
In response to your request for a parking determination, please be advised that this office has
determined that the proposed Lowe's will require a minimum of one parking space per 275
square feet of floor area (building and garden area combined), or 622 parking spaces total, to
satisfy the parking requirements under §165-27 of the Frederick County Zoning Ordinance.
As long a.s this minimum parking 7 space number is maintained on the Lowe's site., Lowe's
will be able to subdivide its lot. If the number of spaces is reduced, a shared parking
agreement in conformance with § 165 -27B will be required,
You may have the right to appeal this zoning determination within thirty (30) days of the date
of this letter in accordance with Section 15.2-2311 of the Code of Virginia. 'I'llis decision
shall be final and unappealable if it is not appealed within thirty (30) days, Should you
choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of
Zoning Appeals (BZA) in accordance with Article XXI, Section 165-455A(l) of the
Frederick County Zoning Ordinance. This provision requires the submission of an
application form, written statement setting forth the decision being appealed, date of
decision, the grounds for the appeal, how that; appeilam is an aggrieved party, any odivr
iril'ori-nation you may want to submit and a $250.00 filing fee and $50.00 refundable sign fee.
Once the appeal application is accepted, it will be scheduled for public hearing and decision
before the BZA.
If you have any questions contact me at 540 -665 -5651.
Sincerely,
Mark R. Cheran
Zoning Administrator
MRC/bhd
107 North Kent Street, Suite 202 - Winct)vster, Virginia 22601-5000
G:\ 20225-- NVRetail \02— Rutherford Crossii-ig\Presento-tion\20225--02 M.DPPROFFER SHEET (102).dwg Oct 11, 2007
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ciromwAy Fngkeaing " 5, 20% 1 u6crford Doming Ruovft
Revised SWwwla 5, 2D%
RMW DcWbcx 26, M
Reviwd Novcsrg*sl, 2W6
Revised Novmba 20,2DD6
ReNisaf Dmtmbw 21, M
RmiwdI=ns wyM2W?
791"Ir M11
The Applicant, Rutherford Farm, UC, (Tax Parcel $434A))
to coordinate., dedicate, and construct the major collec-Lai
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primary entrance to the Property and the first intersection on,
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99; as well as coordinate, dedicate, and construct the ro
attachment for nwiew and approval by the Frederick County Plantring Department
installation features.
intersection to Tax Map Parcel 43-((A))-111 that will be lc
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conformity with the internal road network identified on the
The interpretative signs will cintain language and pictures acceptable to the
prepared by Bury+Pafters dated January 2007 and aftric
exhibit. The location of the major collector road and the ir,
identified on Zoning Exhibit "B" prepared by Bury-Wartners
shall replace the major collector road arid the internal road
die Rutlierford's Farm. Industrial Park Master Developmew
interpretative signs, picnic tables, landscaping and public parking for the
Frederick County on November 22, 2M2. The, Applicant, Ru
further agrees that it will use reasonable commercial effort �
the construction of the road sections described in this partigra,
and made available for public access no later than December
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The remaining portion of the major collector road system
Crossing Association, !nc., a non-stock corporation to be established by the
major collector road system described in the above paragral
west to northwest direction through the PhWrty, as well
co
located to the south of the major collector road described in
Applicant, Rutherford Farm, LLC, within 60 days of final rezoning approval.
will be incorporated in and coustmeted with each site p4l
adjacent to or is part of the site plan. The location of these i
will he located in substantial conformity with the intennal rmott,
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on the Zoning Exhibit "B" prepared by Bury+Partricrs datj
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attached as a proffered exhibiL
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1.) Interpretative Sips
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The Applicant, F.6therford Farm, LLC, will submit lighting plans as a separate
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attachment for nwiew and approval by the Frederick County Plantring Department
installation features.
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The interpretative signs will cintain language and pictures acceptable to the
prior to the of these lighting
Frederick County Historic Re.4ources Advisory Board, The maintenance of the
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interpretative signs, picnic tables, landscaping and public parking for the
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interpretative sign viewing area shall be the responsibility of the Rutherford
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Crossing Association, !nc., a non-stock corporation to be established by the
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Applicant, Rutherford Farm, LLC, within 60 days of final rezoning approval.
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LIA'he Applicant, Rutherford Farm, L1.-C, (Tax Parcel #43-((A))-100), hereby
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proffers that all freestanding business signs located at the entrances to the
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Property along Martinsburg Pike shall be monument-style signs not to exceed 12a
2) Landscaping
in height
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