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HomeMy WebLinkAbout06-07 ApplicationJu y 19, 2007 Mr. Jack Valetti, PE Davis Floyd, Inc. 15 Brendan Way Greenville, South Carolina 29615 RE: MASTER DEVELOPMENT PLAN #06 -07 FOR WINCHESTER INDUSTRIAL PROPERTIES Final Master Development Plan Approval Property Identification Number (PIN): 54 -A -91A and 54 -A -36T Dear Jack: Frederick County administratively approved the above referenced final master development plan on July 18, 2007. The master development plan is approved for the potential development of 107.7 acres in the M1 (industrial Transition) Zoning District within the Stonewall Magisterial District. This site is approved for industrial land uses as depicted on the plan. The properties which would comprise this development are located on Brooke Road (Route 1328) in and adjacent to the Fort Collier Industrial Park. The Frederick County Board of Supervisors granted staff administrative approval authority and granted a public road waiver for parcel 54-A-91A on June 27, 2007. All requirements of the Frederick County Zoning and Subdivision Ordinance have been addressed in the plan. Please note that approval of a site plan is required prior to the subdivision or development of this parcel. 1 am providing you with two (2) copies of the approved final master development plan. Please ensure that these plans are distributed accordingly. Feel free to contact me if you have any questions. Sincerely Candice E. Perkins Senior Planner CEP /bad cc: Charles DeHaven Jr., Stonewall District Supervisor John Light and Gary Oates, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Patrick Barker, EDC Frederick County Public Works Johnson Development, Attn: Scott Sheel, 961 East Main Street, Spartanburg, SC 29304 r 7 4 Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 06/06/07 Board of Supervisors: 06/27/07 MASTER DEVELOPMENT PLAN #06 -07 WINCHESTER INDUSTRIAL PROPERTIES Staff Report for the Board of Supervisors Prepared: June 18, 2007 Staff Contact: Candice E. Perkins, Planner II MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(s): 54 -A -91A and 54 -A -36T PROPERTY ZONING PRESENT USE: LOCATION: The subject properties are located on Brooke Road (Route 1328) in and adjacent to the Fort Collier Industrial Park. Zoned: MI (Light Industrial) Use: Vacant ZONING PRESENT USE OF ADJOINING PROPERTIES: North: MI (Light lndustrial) Use: Industrial South: Ml (Light Industrial) Use: Industrial MH- I (Mobile Home Community Arcadia Mobile Horne Park East: MI (Light Industrial) Use: Industrial N/A Interstate 81 West: MI (Light Industrial) Use: Industrial PROPOSED USE: Industrial uses Action Recommended Approval Pending MDP #06 -07, Winchester Industrial Properties June 18,2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The preliminary master plan for this property appears to have a measurable impact on Routes 1328 1323, the VDOT facility which would provide access to the property. The presented master development plan dated May 10, 2007 is acceptable. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the 1.T.E. Trip Generation Manual. Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plan approval recommended. Frederick County Public Works: The revised MDP for Winchester Industrial Properties, LLC dated May 20, 2007, has adequately addressed the intent of our previous review comments. We recommend that the note referencing the geotechnical evaluation shown on Sheet 1 of 2 be amended to read "prior to submittal of the detailed site plans A resubmission of the MDP will not be required. However, we would appreciate a copy of the revision to Sheet 1 of 2 reflecting the above change. Also, we noted that it is the intent of the developer to utilize the existing stormwater pond in the development of the pasta tract. We have no objection to this approach. assuming that the stormwater calculations and as built conditions support this use. However, during the construction phase of the site development, it will be necessary to remediate a sinkhole that has developed within this stormwater detention pond near the outfall. The extent of this remediation should be included within the scope of the geotechnical evaluation proposed on Sheet 1 of 2. Frederick County Inspections Department: No comment required at this time, shall comment on site plan when submitted. Frederick County Sanitation Authority: 2nd review approved Frederick County Winchester Health Department: I- Iealth Dept. does not comment on preliminary plans. GIS Department: Addressing will be assigned off the end of Brooke Rd. (cul de sac) Department of Parks and Recreation: No comment Planning Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning MDP #06 -07, Winchester Industrial Properties June 18,2007 Page 3 Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. Location The subject properties are located on Brooke Road (Route 1328) in and adjacent to the Fort Collier Industrial Park. C) Site History "Pasta Tract" 54- A -36T: The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identified this parcel /area as being zoned MI (Light Industrial). The Fort Collier Industrial Park was originally master planned in 1990 and was revised in 1991 and 1998. "Seefried Tract" 54 -A -91A (formerly parcels 89 and 91): The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identified all of 54 -A -89 as being zoned A -2 (Agricultural General) and 54 -A -91 as being split zoned A -2 and MH -1 (Mobile 1 -Tome Community). With rezoning #14 -83, the remainder of 54 -A -91 was rezoned from A -2 to MH -1. The County's agricultural zoning districts were 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 parcel 54 -A -89 and all other A -1 and A -2 zoned land to the RA District. On December 13, 2006 the Board of Supervisors approved Rezoning #16 -06 which rezoned the Seefried parcels to the MI (Light Industrial) Zoning District with proffers. D) Site Suitability Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I -1] Land Use Compatibility: The properties are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); and are not within the limits of any small area land use plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows a portion of this property referred to as the Seefried tract with a MDP #06 -07, Winchester Inntrial Properties June 18,2007 Page 4 residential designation and the remainder with no designation. The residential designation reflected the MH -1 zoning of the property which was eliminated by rezoning application #19 -06 which rezoned the property to the Ml (Light Industrial) Zoning District. The portion of the property referred to as the Pasta Tract has a designation of Industrial. This Master Development Plan application is in conformance with the current M1 zoning designation of both properties. Transportation The proposed development would be accessed off of a public road extension of Brooke Road which will connect to Park Center Drive as well as a public road connection which will connect into the Seefried tract. Originally, the Seefried property was accessed via an easement through the Frederick County Animal Shelter /Regional Jail Property. The proffers from the Seefried Rezoning stated that the property would be accessed off of Brooke Road and that the easement would be vacated. The easement will need to be vacated prior to this application being reviewed by the Board of Supervisors. Proffers The "pasta tract" does not have any proffers. The following proffers pertain to the "Seefried" property (Rezoning #19 -06): 1. Monetary Contribution $15,000 for fire and rescue $3,000 for Sheriffs Office $2,000 for general governmental purposes $400,000 to be used by the County for transportation improvements to the Route 11 North Fort Collier Route 7 East Area. 2. Site Development Development shall not exceed 1,000,000 square feet of gross floor area and office uses shall only be permitted as an accessory use to industrial uses. Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. The future access road shall be built to VDOT standards and have a minimum pavement width of 26 feet. Street trees located a maximum of 50 feet apart shall be provided on both sides of the future access road. A geotechnical analysis shall be prepared and submitted to Frederick County for any industrial structures prior to site plan approval. 3. Transportation A direct connection between the Property and Fort Collier Road shall be prohibited. The access easement located on parcel 54 -A -92B (Regional Jail /Animal Shelter property) shall be vacated within 120 days of rezoning approval. The project entrance will be located on Brooke Road MDP #06 -07, Winchester Industrial Properties June 18. 2007 Page 5 The Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first industrial building. Waiver Parcel 54 -A -91A (Lockhart/Seefried) will be served by a public road as indicated on the Master Development Plan; however, if this parcel is subdivided, a public road extension may not be appropriate for the eastern portion of the property. The subdivision ordinance states that all lots must have state road frontage to be subdivided. In order for the Lockhart/Seefried Tract to be subdivided using private roads, the Board of Supervisors would need to grant a waiver of §144 -24C of the Frederick County Subdivision Ordinance. At the Planning Commission's June 6, 2007 meeting, a unanimous recommendation was forwarded to the Board of Supervisors for approval of this waiver request. STAFF CONCLUSIONS FOR THE 06/06/07 PLANNING COMMISSION MEETING: With the exception of the identified issues, the master development plan for Winchester Industrial Properties depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is also in accordance with the proffers for Rezoning #19- 06. All of the issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/06/07 MEETING: Staff reported that a revised MDP had addressed all of the comments raised in the staff's report. The staff also received a Deed of Release which eliminates the easement through the Detention Center property, originally proffered with the Seefried rezoning. In addition, staff noted that the applicant was requesting a waiver of Section 144 -24C of the Subdivision Ordinance regarding State Road Frontage Requirements. Staff explained that Parcel 54- A -91A, the Lockhart tract, will be served by a public road; however, if this parcel is subdivided in the future, a public road connection may not be appropriate for this area. The applicant's representatives were available for questions. There were no public comments. The Planning Commission unanimously recommended approval of the waiver of Section 144 24C of the Subdivision Ordinance, State Road Frontage Requirements, for Parcel 54- A -91A, known as the Lockhart tract, with the stipulation that the waiver be valid only while the property is zoned MI (Light Industrial). In addition, the Planning Commission unanimously recommended approval of MDP #06 -07 of Winchester Industrial Properties, LLC, with a notation that the connection of the two State roads, Brooke Road (Rt. 1328) and Park Center Drive is a vital part of the MDP. (Note: Commissioners Thomas Ours. and Triplett were absent from the meeting.) MDP #06 -07, Winchester Industrial Properties June 18, 2007 Page 6 STAFF CONCLUSIONS FOR THE 06/27/07 BOARD OF SUPERVISORS MEETING: The master development plan for Winchester Industrial Properties depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is also in accordance with the proffers for Rezoning #19 -06. All of the issues brought forth by the Board of Supervisors should be appropriately addressed by the applicant. Staff would note that two actions are required for this application, one for the waiver and the other for the MDP. The applicant is seeking authorization of the preliminary master development plan by the Board of Supervisor as well as approval ofa waiver to enable parcel 54 -A-91A to be subdivided using private streets. The Board's authorization will grant staff with administrative approval authority for the final master development plan. Map Document: (N: \Planning_ And_ Development \_1_Locator_Mps \Winchesterind stria Properties_MDP0607_052107.mxd) 5/21/2007 4:17:04 PM M.DP 06 07 1C estep mid iii, properties Locator Map b Bll)lous Dr NORTN HARK 9U.1 zA A GREEN B AY PACK 64 A 551 A 3FL AGINC INC pCGU1PGRT WINCNEBTER, LL A� ESTATE j� p J Ta 4" A #p P o ej O dbBd e I A E ES, M SE ANUEtr6\ Frederick County VA Master Development Plan MDP 06 07 Q 4' %it, p qF� 3 0 54 1 B MILENNIUM III, LLB 0° a5 sO p W y A I y .J I C.) S. po 3 a r° k? ''t co vy 4' '4- f 4 0 f o a i v m 4 J j 0 0 Q v j o 6 04 j ql 54 A e o 1 WINCHEBTER INOUSTR. qGq '0oa vg m a �(Dai3> ARCADIA MORILE MOMS QF$ -5 9 sl I q� g A li a FS q aB 9 Z nom% Co r OF :r: yv to cc T c ro J O n cS m y Y 4 a a 1 N ie CO 91A PROPERITES, INC 1 81 WI I {r l� Location in the Map Features 0 Hamlets A Future Rt37 Bypass 0 MDP0601 Winchesterintlu54ialPmperkes O Airport O Lakes/Ponds streams oh— primary ti Secondary urban Development Area TervaD q SINUS Winchester Industrial Properties Parcel ID: 54 -A -36T 54-A-91A Gourd/ �aa 4 'PP J\ o c Ai g 6' c e3 CG i OA• E. y 0000 Rv o q qN S v C• �T q FC P1 C a 'ft 9 G Po w O‘ s 0 WckhartCff a sa'FO''t/ re —As 33 0% O ya in irir y P 8+ I T\ a O c DAHER NE IND TR1CW� H /i 4 R r^ n m g H at jJ 2 4 So yT' y S pL Y, ai a r I! /'T �'4 t 7 d_ ��Cg w n er.r „gm 00 r I7 I 0 s a• R .p e0 se •kg c' P at e' n D�) 5 8 T.) 4 zl I a) IN Yl9 .C' •Qc V ARLINGTON INDUSTRIAL s **a a M A k /�o Location in Surrounding Area nn „0„ m 0 250 500 1 OFeel coo aS 8/ N l Case Planner: Cantlice "4 Map Document: (N: \Planning_ And_ Development \_1_Locator_Mps \Winchesterind stria Properties_MDP0607_052107.mxd) 5/21/2007 4:17:04 PM Map Document: N: \Planning_And_Development \_1_ Locator_ Mps\ WinchesterindustrialProperties _MDP0607_052107.mxd) 5/21/2007 4:17:04 PM MiDT c, .o Winchester Industrial Properties Zoning Mt„nD „ae,UL °RT f ir r r P e FORT C0tiIGR IN de �C6 °4 tL,,, MISTRIAL PARK ARLADIA MD61Le ROW. PARK 1 y 4 81 8 Frederick County VA Master Development Plan M DP 06 07 Winchester Industrial Properties l( ParcellD 54 -A 91A S4 A -91A Location in the Lount/ Map Features O HamleR zoning O Fumre R137 Bypass 0 I31 (Business, Neighborhood DISNd) 0 MDP0607 WmcleslalntluslrialProperlies 0 B2 (Business, General District) O Airport 0 B3 (Business Industrial Transition District) 0 Lakes /Ponds 0 EM (Extractive Manufacturing District) Streams 0 HE (Higher Education District) Streets 0 MI (Industrial, Light District) Primary 0 M2 (Industrial, General District) 1 Se conda ry 0 MH, (Mobile Home Community District) Tertiary 0 M B(Medmal Support District) [I Urban Development Area 0 Rd (Residential, Recreational nal Community i t y DI S) r� SWSA O RS(Resitlenllal Recreational COmmumry Dislrltl RAZ(Rural Area Zo ne) RP (Residential Performance DisGd) AG 6" 4 DP- RnA hocAhart Clr a 3 i I a 7. D 9 oo SAKER r WEIND' e� c• a c' (7 T ''`.2,..€10 lt, N' 4 1 A W h l ynla �W ft&.S N •��r�' Location in Surroundin Area a C� O 'w' I �R /O AFLWG(ON INDUSTRIAL 'YD 9* z3M AS, 4 0 250 500 1,O�g et 0 r l N' Y Case Planner: Candice tg 1 Map Document: N: \Planning_And_Development \_1_ Locator_ Mps\ WinchesterindustrialProperties _MDP0607_052107.mxd) 5/21/2007 4:17:04 PM Winchester Map Features 0 Hamlets Long Range Land Use O Future Rt37 Bypass Rural Community Center MDPO6O 7_VOnchesterIndustrialPraperIes Residential o Airport Y1 Business O Lakes/Ponds 0 lndustial v— Streams Institutional V Primary 1a Secondary ti Tertiary ti Oman Development Area q SWSA Winchester Industrial Properties Fl+ Recreation Historic 64 Mixed -Use 0 Planned Unit Development Map Document: N: \Planning_And_Development \_1_ Locator_ Mps\ WinchesterIndustrialProperties _MDP0607_052107.mxd) 5/21/2007 4:17:04 PM Map Document: (N: \Planning_ And_ Development \_1_Locator_Mps \Wincheste IndustrialProperties _MDP0607_052107.mxd) 5/21/2007 4:17:04 PM MOW C3 TC5. a inchester.: ndustrial Properties Aerial Map taliou —7,,f w tyt' N Ti P ARKrota ty d', f Q /jt j' ,r`� ,r 'W ®a r� kV I •4 f 6 1 ''?•aG A v f ys s <F i p rs 4 f 1� ,t ^n 1)' k w .1, ''^'li- o-/rt `ar G (2 ''o s �j F T te n 1 t r i 1 l r x J'vr �k; v r f e'. i ,!ti 1 i ems+ s ,<f r t Y t 4 i t r x j t P 1 r 's i p ,sr y i i i 1j f c .a r ii` e t r i 0 ,w,' s: Frederick County, VA Master Development Plan MDP 06 07 Winchester Industria ihiNb e Properties (IF Parcel ID: Pa 54 A 36T 54 -A- 91A Location in the County Map Features O Mamle,s A F uture Rill' Bypass ncees ,erintlus Q MOPe601 WncM1esti alPrppeNes o anion O ass/aorta s, .seeams Z. canary Secondary a Q,.. Te,�ry f Urban Development Area q SWSA j F r"' r d r a l 4 +NSs ti t (1) LOW INeU51RIAL 4P g f f .l f li h aw 'C r iv 't, i e• q i n p a 4 gg 73✓ ar ^h'r Ali I te, 'tee l l 1l 'Y 7h� Q eXr '1,4 �a 1 0 eo y h� r i 0 �`t��� t/ r �r E fie a �1 e t "'r" 7 ti i Si.: i y s +l?� >e >r t r ri j vv{{'.$ �°LSSyy,,"� I y s Y T 1 yr'r M i r l r Wdc.Y y. J ij. 7j Jtt +f...t}'b eyf fir v c i t i yet `1.r+r o s o N a t f a" t 1.3§*:�'1 7, .1 .L tI F .rtr `}L 0e H{ aft v "1. `on 'v. W .V' 1 6 o Mt a r r h x =F -n., F t�� t d x �'i� rx° q.Ni dy u i R s Q. vim' M1 +p Lt M1 y d aV pa�ey"�f 1 fr� ta5 }t ng�6 bPf ::a\ q r D AEI M� �f xe 3 A q' i WI NEST ¢R 8 ,i¢ }b' *t� A q s 1 re 'K Sf'ru\ r r ff t r fi V te f ?P. c J>^ it �Y 'g,; n. t' l b j/ 1 nl j ;w �.J l l Z T N' y 'C4 t 3i A i i M a 4 4 l �'i2 1 R'%� i "'t r Q► �l 1 b 5 tl.F5 sV r 4. O 0 5. f I �'O6 net 0� fe e P �fS' y P 0y4 �P A ti c P 1. P 3 t V A y F ai "Y t^ t >a m 'Y 5 1 L o o j rf .t I� C+ r Oe H j y y''`I 3 C H w I f I #SJI���LL 77 s ti 4 's�J aT I��®� ti S' P.;3' w i ..3 b 1 1 l v S I V X41 k ft Cif ?+'4* h sC) r1+ r�u ri i�!}t i ..n r IIN// F e� 1 u. I a,. bh f 2.''/ S e A I t ?1'S 6 V im' 11� S lV z n4 rY! a� '`•,j`$ i ti I N 4 D u'r 1 Ms `.a Y �r/ x ,l1 Grp v t t f f y CO f a {L Vh In0 o° L �Y 'I .��y' r• f t♦ S A'�f v 4, P 'r w u c e. e• af i, �y x y y rg `V' inb, d a le s ti rf L l ,d" p y b r u efi° a'� T th Ff Locatio in Surroundin Area n A Gr o 4 0 250 500 1 ,02 L 1I A J t IJtYW i! 4 O b 4 FS fi a dd O m j ba P p� s F.` J mr� g iN OU51xl o f BrZ'Y+n941� m iif�d� o �1A w °.••A R S ri I(V, t e t Case Planner. Candice Map Document: (N: \Planning_ And_ Development \_1_Locator_Mps \Wincheste IndustrialProperties _MDP0607_052107.mxd) 5/21/2007 4:17:04 PM Frederick County, Virginia 1. Project Title: 2. Owner's Name: 3. Applicant: Address: Phone Number: 4. Design Company: Address: Phone Number: Contact Name: Page 11 APPLICATION MASTER DEVELOPMENT PLAN Master Development Plan Application Package Department of Planning and Development Use Only. Date application received Complete. Date of acceptance. Incomplete. Date of return. 7 Application O(o a'7 (W/lrlcN&smie Ub7U5 net Ac rnoPetri s LLc li✓! /L ile rznt fabt FS (Please list the names of all owners or parties in interest) J 014NCOJ OEl/k 96f E MA,,/ 57 5Pti+rrrxv-/Red v 5C. 293o �(o SRS lobo DAJtS r FLoy/p J'fc s /3 'fe y CoRS-n. MV',' S C 29Co /S e y Sal 9 A o 144 c Er7/ 7 E. i APR 2 2007 L 1 Frederick County, Virginia Master Development Plan Application Package 5. Location of Property: ?t 'onKe .QR fo.er (n L.Lr1 -"72 .F,/DJ /5i7eiAL PA ti e t-79 f oc eo, VA 6. Total Acreage: /n 7. 7R 7. Property Information: a) Property Identification Number (PIN): .S`-I -Fl 9 CW-4- A r b) Current Zoning: Tat Dv 5 Tti AL_ c) Present Use: \GALA r d) Proposed Uses: TAD s 7a A e) Adjoining Property Information: North South East West 0 Magisterial District: APPLICATION cont'd MASTER DEVELOPMENT PLAN Property Identification Numbers Property Uses Set A NET, 8. Is this an original or amended Master Developmegt Plan? Original Amended X I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date: Zo 7 Page 12 STOnIg Name 5U f'JpNID°A to \Al1C1 B1kTT LeFi E4-o,5 t'owloAci- l Address o. 3o% $91 tike Property# 514 A S9 c SuSANI GO DMA P.o. Box 1325 klinl Uesee km 54. A S7A t.Jtrlcldes7B2 WsTh 1 LL Ro. 30x 2o 4 3o WInic si-e \/lk Sy A 3(0 Mluxse MkLUNb CCVUPANri, LTD C/ AND2r-w PAvt-12 7%o3 C-C 2\obc Cretin Tool 9{ -A 3Cot2 52.T Cot-l..te-e. C.02ouP (023 1 LE E53uCt, ekE Suirr (000 94 A 3(oA 54-A-3(l,P P. O. 1Gosc t ip ME@AN6 t-1C- 02 IGtrA CIS Dow r AN C 5 A 3coo NIO2ThWEsriT2tJ RevtoNa- J&L. AuTNoetTy /Y/ Forex latAkhcsIC SLI -A -92-13 Frederick County, Virginia Master Development Plan Application Package NAME Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 1st floor of the Frederick County Administration Building, 107 North Kent Street. Page 18 ADDRESS PROPERTY NUMBER zzs44 22tool -I InlLronl, 144 5 /as &beat,, U 21o4 3to 3o ✓A 22600 3 Name Address Property Al2CADiA Mb (LL 110-ME atlelc 1345 13AKEYL Lt) tAlin/cN &Sre,C VA 5c-f -A -9I /-ocKNACr IWJI LLI pr1 J S E T A L S (3`1 5 13A Ke,2 L Gt//n/cResmle t IAA 54 -A -g9 Frederick County, Virginia Page 19 Master Development Plan Application Package 2-2loo 3 2260 Thin inslmmmt wm prepared by Anthony M TAicJ. Esquire Willcox Savage, P.C. 1800 Brat of America Cmrsr One Commercial Place Norfolk. VA 23510 THIS DEED OF RELEASE, is made as of the 11 day of April 2007, by and between W CHESTER INDUSTRIAL PROPERTIES LLC a South Carolina limited lability company (hereinafter called "Grantor"), a grantor for indexing purposes, and NORTHWESTERN REGIONAL JAIL AUTHORITY "Grantee l3autee for indexing purposes, WHEREAS, by Deed of Consolidation and Relocation of Access Easement dated October 12, 2005 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 050024936 (the "Deed Grantee established and relocated an easement (the "Easement over the area designated "50' ACCESS ESM'T HEREBY CREATED" as shown on the plat anacbed to and made a part of the Deed (the "Easement Area and WHEREAS, Grantor has agreed to vacate and release any interest it may have in the Easement and Easement Area NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, vacate and release unto Grantee and surrender, and terminate all right, title and interest of Grantor in the Easement and the Easement Area. I- 756525.1 04/272007 070009032 DEED OF RELEASE WITNESSETH• Tax Parcel No. 54 A 92B IN WITNESS WHEREOF, Grantor has caused this Deed of Release to be executed under seal. 0 IV r WINCHESTER INDUSTRIAL PROPERTIES, LLC., a South Carolina limited liability company By: PEE DEE JNDUSTRIAL PROPERTIES 5, LLC, its sole member By JOHNSON DEVELOPMENT ASSOCIATES, INC., its member By (SEAL) Name: A. Chapman Title: Pres dent and CEO My Commission Expires: a-] mlani 5 1-756525.1 04/27/2001 Ur STATE OF SOUTH CAROLINA COUNTY OF SPARTANBURG, to-wit, that A. Foster Chapman, of Johnson Development Associates, a South Carolina wiporation, whose name as such is I, •-inaite a notary public in and for the State and County aforesaid, hereby ceiti6 signed to the foregoing Deed, dated as of the I I day of April, 2007, has acknowledged the same before me in my State and County aforesaid. Given wader my hand and seal this 30 of Q (Vt t 0 2007. 4 va VIRGIN/A: FREDERACX COUNTYSCII This instrument of %%riling was produced to me OD ---kital_ a/ /9 and a a cc-Wit-ale acknowledgentag thereto annexed was mil Lai to mond. Tax imposed by Sec. 5&1,8021 and 5$.t-Ili base beeti paid, if asairsobla dede 2 [Affix Notary Seal) This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. 11 may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 06/06/07 Board of Supervisors: 06/27/07 ZONING PRESENT USE OF ADJOINING PROPERTIES: PROPOSED USE: Industrial uses MASTER DEVELOPMENT PLAN #06 -07 WINCHESTER INDUSTRIAL PROPERTIES Staff Report for the Planning Commission Prepared: May 21, 2007 Staff Contact: Candice E. Perkins, Planner II Action Pending Pending LOCATION: The subject properties are located on Brooke Road (Route 1328) in and adjacent to the Fort Collier Industrial Park. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(s): 54 -A -91A and 54 -A -36T PROPERTY ZONING PRESENT USE: Zoned: M 1 (Light Industrial) Use: Vacant North: MI (Light industrial) Use: Industrial South: M1 (Light Industrial) Use: Industrial MI -1 -1 (Mobile Home Community Arcadia Mobile 1 -tome Park East: M1 (Light Industrial) Use: Industrial N/A Interstate 81 West: M1 (Light Industrial) Use: Industrial JOHNSON DEVELOPMENT ASSOCIATES, INC. COMMERCIAL E. INDUSTRIAL REAL ESTATE DEVELOPERS Department of Planning and Development County of Frederick 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Attn: Candice Perkins June 4, 2007 Re: Request for Waiver I44 -24C Dear Ms. Perkins: Please allow this letter to serve as Winchester Industrial Properties, LLC's request for a waiver of the Lot Access requirements of 144 -24C of the Code of Frederick County. The design of the private street layout will conform with the requirements of 144 -24C. 126521.1 Should you have any questions, please do not hesitate to contact me. Sincerely yours, Jason C. Lynch 340 E MAIN ST I SPARTANBURG, SC 29302 I P 864.585.2000 I WWW.JUHNSONDEVELOPMENT.NET MAY. 30. 2007 9:27AM NO. 5133 P. 6 Special Limited Power of Attorney County of Frederick, Virginia Planning Once, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540- 665 -6395 Know All Men By These Presents: That I (We) (Name) Win <1,e5Ier T G 14A5 F n U I Propm4i'e4. G1C ch "tnL,noi OPV#J (Phone) f fit C A POO (Address) 390 F. A/i 5 }reel Spa.funb, r 3( a9 3d2 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. lSooi 9y (6- on Page p dock 918 i I 8, and is described as. Parcel: 57 Lot: A Block: 36 Section: f Subdivision: do hereby make, constitute and appoint: (Name) Davit Ma rl 1;d( Vc (Phone) (9i ei) 527 I101) (Address) 15 8renoiar, ay trennvi Ife 4C 29E16 To act as my true and lawful attornE=y-tn -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: G Rezoning (Including proffers) G Conditional Use Permits G Master Development Plan (Preliminary and Final) G Subdivision G Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: /1/4 This authorization shall expire one year fruit the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, l (we) have hereto set my (our) hand and seal this 36 day of /V< 200,2_ n A Signature(s) Sou%, Ca roliila I State of VVirgini City /County of S ri' nn (.,r5 To -wit: I, Lew: H Come a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrumem and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this a day of II 4Y 200 7 A ral x/ eornoL My Commission Expire): N 4 2-0i4 Notary Public MAY. 30. 2007 9:27AM Notary Public Special Limited Power of Attorney County of Frederick, Virginia N0. 5133 P. 5 Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winghester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540-665 -6395 (Name) Al] Men By These Presents: That 1 (We) Name) L4nc n5trin4 Pnper- its,LLL <4 5,1y, ,n ntV4pmefir (Phone) (Address) 3YD E, /✓I4, n 41-ree+ iior44, r 4L 29302 the owner(s) of all those tracts or parcels of land "Prop conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. (11' 002 3 5 on Page d y- o‘- o r1 and is described as Parcel: 5`/ Lot: 4 Block: 9/ Section: A Subdivision: do hereby make, constitute and appoint: (Name) navi5 rh yo( CA 1 1414/' (Phone) 014) 5- 9 &)0 (Address) )5 mignon 1f y Crnnlh/i /le 4/ 29 <J- To act as my true and lawful attomdy -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: O Rezoning (Including proffers) G Conditional Use Permits C3 Master Development Plan (Preliminary and Final) O Subdivision G Site Plan (gig) 4 p o OD My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, 1 (we) have hereto set my (our) hand and seal this 30 day of Jl4.4/ 2007 Signatures C S dn TM C ord�lny State of Viaginie, City /County of S2-xsrwLn&xiry To -wit: I, toil 14-, ("Omer a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledgecIthe same before me in the jurisdiction aforesaid this JL day of My 200 7. F �J L/V (wit. My Commission Expire; 1 h w/ Immediate TX Result Report May. 29. 001 9:14AM) Fax Heade r) P. 1 File Date Time Destination Mode TXtime Page Result User Name No. May.29. 9:14AM HALL MONOHAN ENGLE G3TES Batch M Memory L Send later E ECM S Standard D Detail Reduction LAN —Fax Delivery A RX Notice 0 P. 4 OK 6243 Fo rwa r ding FI ne O RX Notice Rec. FAX TRANSMISSION TO: I�Ylhy� `i COMPANY: FAX LQ-l.L L Oij COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540 /665 -6395 Date: I l `1 CC).— Number of apesf apes includine cover ver sheet) Remarks: From the desk of: 0 0 APR. 30. 2007 3 07P lac& nUe T R A N S M I T T A L to: fax date; pages: C C ✓,et c. l el al Johnson Development Associates, Inc. (Silo 665 G ?9S N i 3E3 01 1 including this cover sheet. �r ,i -INr: D tb- cEzi D F I /I ',l� J- r /hJ re ^y SI o( Ha. Ar011 the rd:r3 ^v e,11., 11-x. ell q t.7 t1Tr/ II ,,,,1,�� !D DC� ypt, et T�T...•.a r"- e,1 �OhM+ 1 cif r C OLP. toy, I WEN vo.i<,j NO. 4895 P. 1 ,c «a d 1 C Lf.MD ft: a (869) o From the desk of... JOHNSON DEVELOPMENT ASSOCIATES P. O. Box 3524 Spartanburg, SC 29304 (864) 585 -2000 Fax: (864) 594-5998 NOTE: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE 15 PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF me INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPY OF THIS COMMUNICATION 15 STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THI5 COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US. THANK YOU. APR. 30. 2007 3:07PM This instrument was prepared by Anthony M. Thiel, Esquire Willcox Savage, P.C. 180D Bank of America Center Onc Commercial Place Norfolk, VA 23510 THIS DEED OF RELEASE, is made as of the 11 day of April 2007, by and between WINCHESTER INDUSTRIAL PROPERTIES, LLC a South Carolina limited liability company (hereinafter called "Grantor a grantor for indexing purposes, and NORTHWESTERN REGIONAL JAIL AUTHORITY "Grantee grantee for indexing purposes, I- 756525.1 04/27/2007 DEED OF RELEASE WITNESSETH: NO. 4895 P. 2 Tex Parcel No. 54 -A-920 WHEREAS, by Deed of Consolidation and Relocation of Access Easement dated October 12, 2005 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 050024936 (the "Deed Grantee established and relocated an easement (the "Easement") over the area designated "50' ACCESS ESM'T HEREBY CREATED" as shown on the plat attached to and made a part of the Deed (the "Easethent Area"); and WHEREAS, Grantor has agreed to vacate and release any interest it may have in the Easement and Easement Area; NOW, THEREFORE, in consideration of One Dollar (51.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, vacate': and release unto Grantee and surrender, and terminate all right, title and interest of Grantor in the Easement and the Easement Area, IN WITNESS WHEREOF, Grantor has caused this Deed of Release to be executed under seal. WINCHESTER INDUSTRIAL, PROPERTIES, LLC., a South Carolina limited liability company By: PEE DEE INDUSTRIAL, PROPERTIES I, LLC, its sole member By: JOHNSON DEVELOPMENT ASSOCIATES, INC., its member Ey:�"` �1 (SEAL) Name: A. ster Chal'mian Title: Pres dent and CEO 1 APR. 30. 2007 3:07PM My Commission Expires: a, IU /A,UI I- 756525.1 04/27/2007 STATE OF SOUTH CAROLINA 2 [Affix Notary Seal] NO. 4895 P. 3 COUNTY OF SPARTANBURG, to-wit 1, .✓i .0 I Ail" a notary public in and for the State and County aforesaid, hereby certify that A. Foster Chapman, residef Johnson Development Associates, a South Carolina corporation, whose name as such is signed to the foregoing Deed, dated as of the 11'" day of April, 2007, has acknowledged the same before me in my State and County aforesaid. Given under my hand and seal this 3OThiay of 0 ifln 0 2007. HNOOKL J ROAD BUILDING #1 470' X 360' (296,100 SF) I I t 11111 VIII 7 IIIIIIIIII illlll111 L in i uitminnnll 11 HI II 1 161111 1 r L m um BUILDING #1 470' X 270' (126,900 SE) PANT SW PNG LEGEND rrm Gi 01 VII 102 ft COMMONSLTH OF VIRGINIA TZ,-Ni77 r "It n DC-18(1/90) 1-756525.1 04/27/2007 By: Tax Parcel No. 54 r by and between WINCHESTER after called "Grantor"), a grantor for ran grantee for indexing purposes, ted October 12, 2005 and recorded in 050024936 (the "Deed"), Grantee gr J "50' ACCESS ESM'T HEREBY nt Area"); and Ila in the Easement and Easement Area; and valuable consideration, the receipt nd release unto Grantee and surrender, rea. cuted under seal. ?ROPERTIES, LLC., g company 1 PROPERTIES I, LLC, its By: JOHNSON DEVELOPMENT ASSOCIATES, INC., its member Name: A. Mster Chapman Title: Pres dent and CEO (SEAL) 070009032 Y This instrument was prepared by Anthony M. Thiel, Esquire Willcox Savage, P.C. 1800 Bank of America Center One Commercial Place Norfolk VA 23510 THIS DEED OF RELEASE, is made as of the 11 day of April 2007, by and between WINCHESTER INDUSTRIAL PROPERTIES, LLC, a South Carolina limited liability company (hereinafter called "Grantor"), a grantor for indexing purposes, and NORTHWESTERN REGIONAL JAIL AUTHORITY "Grantee grantee for indexing purposes, 1-756525.1 04/27/2007 DEED OF RELEASE WITNESSETH: WHEREAS, by Deed of Consolidation and Relocation of Access Easement dated October 12, 2005 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 050024936 (the "Deed Grantee established and relocated an easement (the "Easement over the area designated "50' ACCESS ESM'T HEREBY CREATED" as shown on the plat attached to and made a part of the Deed (the "Easement Area and WHEREAS, Grantor has agreed to vacate and release any interest it may have in the Easement and Easement Area; NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, vacate and release unto Grantee and surrender, and terminate all right, title and interest of Grantor in the Easement and the Easement Area. IN WITNESS WHEREOF, Grantor has caused this Deed of Release to be executed under seal. WINCHESTER INDUSTRIAL PROPERTIES, LLC., a South Carolina limited liability company By: PEE DEE INDUSTRIAL PROPERTIES I, LLC, its sole member By: JOHNSON DEVELOPMENT ASSOCIATES, INC., its member By: 1 Tax Parcel No. 54 -A -92B (SEAL) Name: A. stet Chapman Title: Pres dent and CEO STATE OF SOUTH CAROLINA COUNTY OF SPARTANBURG, to-wit: a notary public in and for the State and County aforesaid, hereby certify that A. Foster Chapman, f of Johnson Development Associates, a South Carolina corporation, whose name as such is signed to the foregoing Deed, dated as of the I P day of April, 2007, has acknowledged the same before me in my State and County aforesaid. Given under my hand and seal this 30hlay of 0 n/t t Q 2007. No Pu ye My Commission Expires: a, (U I ac! 3 [Affix Notary Seal] A p '1% v 1- 756525.1 M at 04/27/2007 VIRGINIA: FREDERICK COUNTY.SCT. This instrument of aTn na was produced to the on and with tcrtilacaic acknowledgement thereto annexed was a *rnittcd to record Tat imposed by Sec.5 1 -802x; get and 531-801 have been paid, ifs 2 O 0 N J Q t J 1 CC Q J Q. J DATE: TO: MAY 1 q 2007 PROJECT NAME: PROJECT NO. WE ARE SENDING YOU: Anached THE FOLLOWING: AS FOLLOWS: as requested for your use for distribution for review continent other (see comments below) COMMENTS: BY: COI'IES: .112T May 11. 2007 County of Frederick Candice Perkins, Dept of Planning Development 107 North Kent St, Suite 202 Winchester VA 22601 -5000 Winchester Industrial Properties 12887.00 Under separate corer via: for approval approved approved as noted thereon revise fi resubmit �h COPIES 45 DATE 5/11/07 I)WG. NO. DESCRIPTION Master Development Plan not approved loaned to you (please 1 ettvn) returned Pont loan to us for your information REZONING: RZ. M Rural Areas (RA) and MH -1 (Mobile Home Community) to Light Industrial (Ml) PROPERTY: 75.38 acres Tax Map Parcels 54 -A -89 (portion), 54 -A -91 (portion) [the "Property RECORD OWNER: William J Lockhart et als (54 -A -89) Arcadia Mobile Park, Inc. (54 -A -91) APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 PROPOSED PROFFER STATEMENT REVISION DAIL(S): 11/8/06; 11/9/06; 11/30/06; 12/5/06; 12/6/06; 12/12/06; 12/13/06 Arcadia Mobile Park, Inc. is the fee simple owner of Parcel 54 -A -91 by virtue of that certain Deed from William J. Lockhart and Dellitt J. Lockhart, as grantors, and Arcadia Mobile Park, Inc., as grantee, dated February 6, 1979, and recorded in Deed Book 350, Page 481 of the Frederick County, VA records. William J. Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson are the fee simple owners of Parcel 54 -A -89. William J. Lockhart, Sr. obtained title to the property by virtue of that certain Deed from E. B. Clevenger, et al, dated January 23, 1948, and recorded January 27, 1948 in Deed Book 204, Page 3, Frederick County, records. William J. Lockhart, Sr. died and by his Last Will and Testament recorded in Will Book 75, Page 720, devised, without qualification, Parcel II to his surviving widow, Dellitt Elizabeth Lockhart. Dellitt Elizabeth Lockhart died, intestate, and by Affidavit recorded in Deed Book 934, Page 658 and documents filed as part of her Estate No. 98 -123 in Will Book 113, Page 94, her only heirs at law were established as William J. Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson. Donald Eugene Lockhart died after Delitt Elizabeth Lockhart, and by will devised his interest in the property to his wife, Tamara Lockhart. 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. In the event that the above referenced M1 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 headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1 of 5 Proffer Statement Seefried Property 1. Cash Proffers 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for are and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. 1.4 The Applicant shall pay to the County the total sum of Four I- Iundred Thousand Dollars ($400,000.00), to be used by the County, in its discretion, for transportation improvements in the Route 11 North Fort Collier Route 7 East area. Within five (5) business days of transfer of ownership by the Record Owner or Record Owners of all or any part of the Property, or upon approval of the first site plan on the Property, whichever first occurs, the Applicant shall provide to the County a letter of credit or other instrument, in a form satisfactory to the County, upon which the county may draw the funds, in full or in increments. Any unpaid portion of the $400,000.00 shall be paid to the County on a date (2) years from the date the aforesaid letter of credit or other instrument is provided to the County. 2. /Site Development 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 22 Stormwater management pond facilities shall be lined with an impery ious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 3. Transportation 3.1 A direct connection between the Property and Fort Collier Road shall be prohibited. Furthermore, the Applicant shall vacate by recorded document the existing access easement located on the property identified as Tax Map Parcel 54 -A -92B within 120 days of rezoning approval. 3.2 The project entrance will be located on Brooke Road. 3.3 The Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to the issuance of the first occupancy permit for any building on the Property. SIGNATURES APPEAR ON TI -IE FOLLOWING PAGES 2 of 5 Proffer Statement Respectfully submitted, William J Lockhart, Jr Jan E. Brock Tamara Lockhart STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 2006, by William Lockhart, Jr. My commissio, expire Notary Public A L�uc. 3/ ZooR Walter M. Lockhart %AAd s Linda L. Wilson Seefried Property Robert S. Lockhart tL day of Jk' 0 mClia=, STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this /3 lk day of 7\e'!' 2 m k c 2006, by Joan E. Brock, Tamara Lockhart, Walter M. Lockhart, Robert S. Lockhart, and Linda L. Wilson, by William J. Lockhart, Jr., their attorney in fact. My commission ex ir tts,1 3 ZO6 2 <t" Notary Public 3 of 5 Proffer Statement Arcadia Mobile Park, Inc. By: Date: STATE OF VIRGINLA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 1 3 1 day of 2006, by William J. Lockhart, Jr. My commission expires kSA 3/ 2 D D G Notary Public 4 of 5 Seefried Property '/A 4• Pro /Jer $tare0lent Seefried Properties, Inc. i Ry: (i% 4- C47fm.. (iO Date: I 2/ Clorgi0. STATE OF '1K Ar1, 3z.RE,.DE-L441‘44COUNTY 'lo -wit: Cobb 'The fo e oin instniment was acknowledged before me this 5 day o Pormh 2006, by 9(.( S• P12- IAS,t1 EL�u D My commissionOir Notary Public v- -aI D.Vase/ 5 of 5 .Seefiied Propertv DWG: P survey 3785 01- 001 \dwq \3785 -01- 001- BP.dwq REVISION F ikli• E. Jenkins No D02061 LOT 31 T.M. 54 -A -36P FORT COLLIER GROUP, LLC DB 930 PG 1608 z o.e..t ,Y{- y(E wAge' W.1.0 EX. 15' GAS EASEMENT D.B. 775, PG. 852 LOT 36K T.M. 54 -A -36K FORT COLLIER GROUP, LLC D8 930 PG 1608 Zor�JL /44 .-1 u16 wtatPo✓li.is EX. 20' WATERLINE EASEMENT D.B. 775, PG. 1218 BROOKE R oAD EX. 50' POWER EASEMENT D.B. 833, PG. 240 D.B. 839, PG. 1020 EX. 40' SEWER DRAINAGE EASEMENT D.B. 775, PC. 1208 D.B. 775, PG. 1220 25' BRL LOT 36N T.M. 54 -A -36N FORT COLLIER GROUP, LLC D8 868 PG 421 ZOA..tL m uff Hine t (zviiv/ T.M. 54 -A -91 ARCADIA MOBILE PARK, INC. DB 350 PG 481 C O P1 S U L T 1 P1 G Bowman Consulting (,raup, Phone. (540) 722 -2343 Ltd. F (540) 722 -5080 124 East Cork Street www.bawmonconsulting.cam Winchester. Virginia 22601 co Barnum Consuitha Ocoee. Ltd. II 1 LOT 30 to4. -2 M -1 I I T.M. 54 -A -36D vie' 1A- 9 4 1 FORT COLLIER GROUP, LLC I DB 928 PG 1118 1 49 1- N4 x 1ji �x 25' BRl WONE�R JN x Q� x� xx� FEµGE F\ x Q�. v. TAX MAP 54- A --36J (ORIGINAL PARC LOT 27A -2 32.33985 ACRES '1,408,724 SW. FT. '53 "E 21.40 43'46 231.86' 271.55' 546'04'25 "E 156.07' N4 34.15' DEED BOOK 928, PAGE 1428 COUNTY OF FREDERICK, VIRGINIA SCALE 1" =200' APRIL 20, 2005 INGRESS EGRESS EASEMENT HEREBY GRANTED L B ASEMENT EX. 3D 15 p 1208 D.B. 775, SUBDIVISION PLAT LOTS 27A -1 AND 27A -2 FORT COLLIER INDUSTRIAL PARK 5/6/05 ADD ROUTE NOS {VDOT) Caut9 t.9 lg41+5 826.4 up /oo rb /J lJ w RADIUS 60.00' I ARC 67.57' rn DELTA S45'56'28 "E TANGENT 37.$8' CHORD =64.06 CH. BRG= 546'13'37 "E co a EX. t0' WLNE ASEM ATER pNG 12 D.B 75, 2 5' BRL x 2 w 24 8.5 543 843_46 23 W EX. 50' POWER EASEMENT D.B 828, PG, 698 D.8. 829, PG. 94 sown SHEET 2 OF 4 I N4613'37 "W I T.M. 54 -A -36A 11.05 a, FORT COLLIER no.. GROUP, LLC V r DB 766 PG 73 v ry EX. 20' WATERUNE EASEMENT WI B. 775, PG. 1218 TAX MAP 54 -A -36J (ORIGINAL PARCEL) (72.71426 ACRES RADIUS 237.11' ARC 372.45' DELTA 89'59'59" TANGENT 237.11 CHORD 335.32, CH. BRG.= 588'46 24`W N43'46, 3 °E 1 70.00 LOT 23'A -1 55.52' 10.50' 555'42'55 "E 25' 8RL 6 2 3 5 5 40.3740 '41�so: FT to (sic fie IT =2- PcCVL Z a r.-tt ,i 8W U NNAro ar gEMENTS EX. 20'7 S 1216 n D. n II V i LOT 28 T.M. 54 -A -36L GREEN BAY PACKAGING, INC. ARK DB 789 PG 1533 NO R �R! v€ GUARDRAIL 6' 3'W LLc II T.M. 54 -A -89 DELLITT E. LOCKHART WB 75 PG 709 EX. 20' SEWER EASEMENT D.B. 451, PG. 502 SCALE 1" =200' APRIL 20, 2005 LOT 29 T.M. 54 -A -36M FORT COLLIER GROUP, LLC DB 868 PG 426 LOT 27B M. ve 2 (o.7.W tiru�_ Db g7pr ej Li to ...a. M -g VSO MA w N4613'37 W 8.79' T 543'46'23 "W 12.99' 1467'38'04" 114.87 wIRE 567'38'04 "E 67.44' 53316'23 "W 18.14' 554'28'37 "E 132.00' T.M. 54 -A -87A T.P. GOODMAN, ET UX D.B. 823 PG 1531 SUBDIVISION PLAT LOTS 27A -1 AND 27A -2 FORT COLLIER INDUSTRIAL PARK DEED BOOK 928, PAGE 1428 COUNTY OF FREDERICK, VIRGINIA 322 88.18 S29'31'06 W 129.22' S22'21'55'W 72.83 0 CC !/fir 567'31'26 E 2 15.00' 2 SHEET 3 OF 4 DWG: P:LOD\ survey 3785 -01- 001 \dwq \3785 -01- 001 BP.dwq C O N S U L T I N G REVISION 5/6/05 e na I op IJ>litetl1 s bp 210S ADD ROUTE NOS (VDOT) 6owmon Consulting Group, Phone: (540) 722 -2343 Ltd. Fax: (540) 722 -5080 124 East Cork Street www.bornonoonsultIng.com Winchester, (Arginie 22601 0 Bascom Conu4tMtg Croup, Ltd. a GRID T. P. SUSAN GOODMAN DB 828/PG 153 ZOtie 2,4 u P: ✓ALAA' VIRGINIA STATE ROBERT STEPHEN LOCKHART AREA OF UNKNOWN OWNERSHIP AS SHOWN ON PLAT RECORDED IN DB 978/PG 24 +00 0 NORTH DB 357/PG 365 ors u- RA INTERS RTE 81 wc: ([cr L WIDTH LIMITED ACCESS R/`N) (VARIABL S08'19'22- E�0¢.4�`OT S/' ‘5>x.„ R Y ,0 r\ o qc, Op_ y- 25' B.R.L. v 7. 9 s v0 `..N 400 SOO 1200 SCALE: 1 A400 FINAL SUBDIVISION PLAT ON THE PROPERTY OF WILLIAM J. LOCKHART AND ARCADIA MOBILE PARK INC. BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: DECEMBER 21, 2006 SCALE: 1" 400' TRIAD ENGINEERING, INC. 200 AVIATION DRIVE WINCHESTER, VIRGINIA (54-0) 667 -9300 FAX (540) 667 -2260 WILLIAM J. LOCKHART ET ALS 75' B.R.L. NEW PARCEL C APPROX. IOC. REMAINING PORTION EX. FORCE MAIN TM 54 ((A)) 89 SEWER 6.674 AC.± ZONED: RA MH -1 L'J vAc�T WILLIAM J. LOCKHART ET ALS PORTION OF NEW PARCEL A 48.143 AC.± ZONED: M -1 07 -06 -0069 25' B.R.L. k 25' B.R.L .0 /`nA C' /p G per. vv o`1' JQ�QV pQ p gy ro G J O �{M1 O C Ani ZON RA 1 ZONING LINE Cl 694 `.71;jJ� 10' SR ZONED: o`O E S I 922 D 463/ ED: 2r ARC ADIA ARK INC. 0 r 0 r NEW PARCEL B REMAINING PORTION 39.38' TM 54 ((A)) 91 36.966 AC.± 300.00' Z9N�ED: M�i 1 i.o .Le Hua WILLIAM J. LOCKHART, JR. DB 396 /PG 667 i°... R-A 239.10' vf6., 2elr �e ..�"o ARCADIA MOBILE PARK INC PORTION OF NEW PARCEL A 27.249 AC.± N ZONED: M -1 PORTION OF 25' PROPERTY LINE B.R.L. HEREBY VACATED SCREENING ESMT DB 863/PG 1451 s o N 1' ti COUNTY OF CIARKE- COUNTY OF FREDERICK CITY OF WINCHESTER DB 708 /PG 101 'L 0A.A v rE ILlf.e. -nc Te r —1 /h it' LEGEND: /s IRS =IRON ROD SET 0 IRF =IRON ROD FOUND SEE SHEET 3 FOR LINE AND CURVE TABLES BAKER LANE INDUSTRIAL PARK DB 592/PG 140 BAKER LANE (60' WIDE R /W) n N 74.76' /h N BATTLEVIEW SUBDIVISION 5 SECTION 3 D8 658 /PG 708 towed 7 Re vfE•. /Ls(.de. h.rL DAVID F. SPRIGGS No, 1853 144,23 SUR 04 DECEMBER 21, 2006 O M EX RA ZONE 48.14 AC. 8 'sr 9 �y EX MH -1 ZONE 27.24 AC. 1) L 111 SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK COUNTY, VIRGINIA TOTAL AREA 75.38 AC. Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE (540) 667 -2139 FAX: (540) 665 -0493 CHI LOCAIW YAP 54-2 4 P PURR STATION 5w VALVE AR ws _GRAPHIC SCALE XHIS BLOE OFT MASEER METER RATER VALW WATER AND SEWER FACILITIES MAP POST Ofi1CN 1877 w CHSTEP, 0010 2.04 PENSEC A0K14EEP, 2005 5057 P ENSEO 0? 54 -2 P p/� u0BU[ OUEBP00.x pRC�'�5,. y y}Y[IE HSi ra, GRID LOCA4(N AP 54 -3 AR .10 80 0 000 sF ,ff .w. I01aw0 ,•0Llrl WATER AND SEWER FACILITIES MAP POST 05510E 000 ;077 w.0REZ¢R. NR010I0 22604 REN5E0 A00057. 2005 GRAPHIC SCALE MAP RINSED BV: 54-3