43A99_RutherfordCrossingAMENDMENT
Action:
PLANNING COMMISSION: December 6, 2006 - Recommended Denial
BOARD OF SUPERVISORS: January 24, 2007 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #17 -06 OF RUTHERFORD CROSSING
WHEREAS, Rezoning 417 -06 of Rutherford Crossing, submitted by Greenway Engineering, to rezone
22.45 acres from B3 (Industrial Transition) District to B2 (General Business) District and 8.55 acres from
M1 (Light Industrial) District to B2 District, totaling 31 acres, with proffers, for a retail center, was
considered. The properties are located at the northeast quadrant of the intersection of Interstate 81 (Exit
317) and Martinsburg Pike (Route 11) in the Stonewall Magisterial District, and are identified by Property
Identification Numbers 43 -A -99 and 43 -A -100. An additional property to be subject to proffers, but not to
be rezoned, is identified by Property Identification Number 43 -A -98. This property is located east of
Interstate 81, approximately 1,500 feet north of the intersection of Interstate 81 and Martinsburg Pike
(Route 11) in the Stonewall Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 6, 2006;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 24,2007; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
change 22.45 acres from B3 (Industrial Transition) District to B2 (General Business) District and 8.55
acres from Ml (Light Industrial) District to B2 District, totaling 31 acres, with proffers, for a retail
center, as described by the application and plat submitted, subject to the attached conditions voluntarily
proffered in writing by the applicant and the property owners.
PDRes. #09 -07
This ordinance shall be in effect on the date of adoption.
Passed this 24th day of January, 2007 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Ga r}' Dove A y e Bill M. Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Philip A. Lemieux
Nav
A COPY ATTEST
John V kfley, fi
Frederick County Administrator
PDRes. 1109 -07
Greenway Engineering
April 5, 2004
Revised September 5, 2006
Revised October 26, 2006
Revised November 7, 2006
Revised November 29, 2006
Revised December 21, 2006
Revised January 17, 2007
Rutherford Crossing Rezoning
JAN 2 2
THIS AMENDED AND RESTATED
PROFFER STATEMENT MADE AS TO THE
RUTHERFORD CROSSING PROJECT
(formerly Rutherford's Farm Industrial Park)
REZONING: RZ# 17 -06
B -3, Industrial Transition District (22.45± acres) and M -1, Light
Industrial District (8.55± acres) to B -2, Business General District
(31.0± acres)
PROPERTY: 138.68± acres;
Tax Parcels #43- ((A)) -98, 43- ((A)) -99, 43 -((A)) -100, (here -in after
the "Property ")
RECORD OWNER: Rutherford Farm, LLC; Virginia Apple Storage, Inc.;
C. Robert Solenberger; John S. Scully, IV; John B. Schroth
APPLICANT: Rutherford Farm, LLC (Owner of 22.45± acres, being a portion of
Tax Parcel 43 -((A)) -100 and Contract Purchaser for 8.55± acres,
being a portion of Tax Parcel 43- ((A)) -99 (here -in after the
"Applicant ")
PROJECT NAME: Rutherford Crossing
ORIGINAL DATE
OF PROFFERS: April 5, 2004 ( "the 2004 Proffer Statement ")
REVISION DATE: January 17, 2007 ( "the 2006 Proffer Statement ")
Recitals
WHEREAS, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth are the
successors in interest to Rutherford, LLC, a Virginia limited liability company which
originally made the Proffer Statement for Rutherford's Farm Industrial Park dated April
5, 2004 (the 2004 Proffer Statement); and,
WHEREAS, the Monetary Contribution To Offset Impact Of Development in the
amount of $10,000.00 has heretofore been paid pursuant to the 2004 Proffer Statement;
and,
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Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning
Revised September 5, 2006
Revised October 26, 2006
Revised November 7, 2006
Revised November 29, 2006
Revised December 21, 2006
Revised January 17, 2007
WHEREAS, all other proffers contained in the 2004 Proffer Statement have agreed to be
provided by the Applicant and the Record Owner of each tax parcel as set forth in this,
the 2006 Proffer Statement, without further obligation to Tax Parcel #43 -((A)) -111.
Preliminary Matters
A.) The 2004 Proffer Statement is hereby terminated and in lieu of the same, this 2006
Proffer Statement is made.
B.) 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 Applicant and Record Owners hereby proffer that
in the event the Board of Supervisors of Frederick County, Virginia, shall approve
Rezoning Application # 17 -06 for the rezoning of a 22.45± -acre portion of Tax Parcel
43 -((A)) -100 from B -3, Industrial Transition District to B -2, Business General
District and a 8.55± -acre portion of Tax Parcel 43- ((A)) -99 from M -1, Light
Industrial District to B -2 Business General District, and to reconfigure the M -1, Light
Industrial District, and B -2, Business General District zoning boundaries for the
remainder of the acreage to establish the following:
Zoning Districts
➢ 79.03± -acres of M -1, Light Industrial District
59.65± -acres of B -2, Business General District
Overlay District
➢ 138.68± acres of 1A, Interstate Area Overlay District
Development of the subject 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 Applicant and Record Owners 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 this applicant and their legal successors, heirs, or assigns.
The subject Property more particularly described as the lands owned by Virginia Apple
Storage, Inc., being all of Tax Parcel 43- ((A)) -98; C. Robert Solenberger, John S. Scully,
IV, and John B. Schroth being all of Tax Parcel 43- ((A)) -99; and Rutherford Farm, LLC,
being all of Tax Parcel 43 -((A)) -100; and further described by Zoning Exhibit `B"
prepared by Bury+Partners, dated January 2007 (see attached Zoning Exhibit `B ").
2
Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning
Revised September 5, 2006
Revised October 26, 2006 -
Revised November 7, 2006
Revised November 29, 2006
Revised December 21, 2006
Revised January 17, 2007
PROFFER STATEMENT
A.) Maximum Building Structure Square Feet
The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record
Owners, Virginia Apple Storage, hic., (Tax Parcel #43- ((A)) -98); C. Robert
Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99),
hereby proffer to limit the total building structures to 1,245,000 square feet for the
entire Property.
B.) Prohibited Land Uses
The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), hereby proffer
that the following land uses shall not be permitted on the B -2, Business General
District portion of the Property:
Description SIC
Truck Stop 5541
(Excluding Truck Stops, all other uses within SIC Code 5541 are hereby
acceptable and included on the B -2, Business General District portion of the
Property)
.C.) Transportation Enhancements
The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), hereby agrees to the
following transportation enhancements:
1.) Traffic Signalization
a.) A traffic signal will be installed by the Applicant when warranted by the
Virginia Department of Transportation ( "VDOT ") at the intersection of
Martinsburg Pike (U.S. Route 11 North) and the proposed primary entrance to
the Property in the configuration and design as approved by VDOT. The
Applicant shall enter into and execute a signalization agreement prior to the
issuance of the first occupancy permit within the B -2, Business General
District acreage on the Property.
3
Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning
Revised September 5, 2006
Revised October 26, 2006
Revised November 7, 2006
Revised November 29, 2006
Revised December 21, 2006
Revised January 17, 2007
b.) A traffic signal will be installed by the Applicant when warranted by VDOT
at the southbound on and off ramps of the Interstate 81 Exit 317 interchange
and Martinsburg Pike (U.S. Route 11 North) in the configuration and design
as approved by VDOT. The Applicant shall enter into and execute a
signalization agreement prior to the issuance of the first occupancy permit
within the B -2, Business General District acreage on the Property.
c.) A traffic signal will be installed by the Applicant when warranted by VDOT
at the intersection of Martinsburg Pike with the northbound on -ramp of the
Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the
configuration and design as approved by VDOT. This traffic signal shall be
designed to accommodate the relocation of the Interstate 81 northbound off -
ramp at a cross intersection with the existing Interstate 81 northbound on-
ramp. The Applicant shall enter into and execute a signalization agreement
prior to the issuance of the first occupancy permit within the B -2, Business
General District acreage on the Property.
d.) Prior to the installation of the traffic signals provided for in this section, the
Applicant hereby agree to prepare a signalization timing analysis for all
existing and proposed traffic signals located along Martinsburg Pike between
the proposed primary entrance to the Property and Crown Lane. The
Applicant will provide this analysis to VDOT and will incur the cost required
to reconfigure the signalization timing for each traffic signal identified in the
section if warranted by VDOT.
2.) Site Access Improvements
The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby agrees
to limit the total number of entrances for site access along Martinsburg Pike to
one full entrance and two right - in/right -out entrances. The spacing between the
centerline of all proposed entrances along Martinsburg Pike shall be a minimum
of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel
lane and turn lane improvements along northbound and southbound Martinsburg
Pike in substantial conformity to the transportation improvement exhibit
identified on the Master Development Plan dated December 21, 2006 prepared by
Bury+Partners no later than December 31, 2007.
J
Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning
Revised September 5, 2006
Revised October 26, 2006
Revised November 7, 2006
Revised November 29, 2006
Revised December 21, 2006
Revised January 17, 2007
3.) Right of Way Dedication and Reservation
a.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby
agrees to reserve right of way without financial compensation for the benefit
of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11
North) to implement the Rutherford's Farm Route 11 Public Improvements
Plan approved by VDOT on February 17, 2004. In the event the
Commonwealth of Virginia requests the reservation to be dedicated, the
Applicant, Rutherford Farm, LLC, shall prepare and execute a deed of
dedication and a right -of -way dedication plat to be provided to VDOT for
signature within 90 days of said request.
b.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100, and the
Record Owner, Virginia Apple Storage, hic., (Tax Parcel #43- ((A)) -98)
hereby agree to reserve right of way without financial compensation for the
benefit of the Commonwealth of Virginia along Interstate 81 as shown on
Interstate 81 Improvement Study VDOT Project No. 0081 - 968 -FI1, PE -100
MP 305 to West Virginia State Line Frederick County, dated November 1998
(specifically noted on Sheet 24 of said study). In the event the
Commonwealth of Virginia requests the reservation to be dedicated, the
Applicant, Rutherford Farm, LLC and the Record Owner, Virginia Apple
Storage, Inc., shall prepare and execute a deed of dedication and a right -of-
way dedication plat to be provided to VDOT for signature within 90 days of
said request.
c.) The Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B.
Schroth (Tax Parcel #43- ((A)) -99), hereby agree to prepare and execute a
deed of dedication and a right -of -way dedication plat for the benefit of
Frederick County within 90 days of request by the County for the land located
within the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A)) -99 as
demonstrated on the Frederick County Route 37 R.O.W. Map and further
identified on Zoning Exhibit `B" prepared by Bury+Partners, dated January
2007. Additionally, the Record Owners, C. Robert Solenberger, John S.
Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby agree to
prepare and execute a deed of dedication and a right -of -way dedication plat
for the benefit of Frederick County within 90 days of request by the County
for the land located outside of the 350 -foot wide Route 37 corridor on Tax
Parcel #43- ((A)) -99 as demonstrated on the Frederick County Route 37
R.O.W. Map and further identified on Zoning Exhibit `B" prepared by
Bury +Partners, dated January 2007. Should the final location of the Route 37
corridor result in any portion of the land on Tax Parcel #43- ((A)) -99 proposed
for dedication not being needed, then the land not needed shall be released in
writing by the County from the dedication specified above.
5
Greenway Engineering April 5, 2004 Rutherford crossing Rezoning
Revised September 5, 2006
Revised October 26, 2006
Revised November 7, 2006
Revised November 29, 2006
Revised December 21, 2006
Revised January 17, 2007
d.) The Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98),
hereby agrees to prepare and execute a deed of dedication and a right -of -way
dedication plat for the benefit of Frederick County within 90 days of request
by the County for the land located outside of the 350 -foot wide Route 37
corridor on Tax Parcel #43- ((A)) -98 as demonstrated on the Frederick County
Route 37 R.O.W. Map as an Interstate 81 northbound off -ramp to Route 37
and further identified on Zoning Exhibit `B" prepared by Bury+Partners,
dated January 2007. Should the final location of the Route 37 corridor result
in any portion of the land on Tax Parcel #43- ((A)) -98 proposed for dedication
not being needed, then the land not needed shall be released in writing by the
County from the dedication specified above.
4.) Comprehensive Plan Road Construction
The Applicant, Rutherford Farm, LLC, (Tax Parcel #43- ((A))- 100), hereby agrees
to coordinate, dedicate, and construct the major collector road between the
primary entrance to the Property and the first intersection on Tax Parcel 43- ((A))-
99; as well as coordinate, dedicate, and construct the road section from this
intersection to Tax Map Parcel 43 -((A)) -111 that will be located in substantial
conformity with the internal road network identified on the Zoning Exhibit `B"
prepared by Bury+Partners dated January 2007 and attached as a proffered
exhibit. The location of the major collector road and the internal road network
identified on Zoning Exhibit `B" prepared by Bury+Partners dated January 2007
shall replace the major collector road and the internal road network identified on
the Rutherford's Farm Industrial Park Master Development Plan approved by
Frederick County on November 22, 2002. The Applicant, Rutherford Farm, LLC,
further agrees that it will use reasonable commercial effort and diligently pursue
the construction of the road sections described in this paragraph to base pavement
and made available for public access no later than December 31, 2007.
The remaining portion of the major collector road system which intersects the
major collector road system described in the above paragraph and proceeds in a
west to northwest direction through the Property, as well as the internal street
located to the south of the major collector road described in the above paragraph
will be incorporated in and constructed with each site plan submission that is
adjacent to or is part of the site plan. The location of these internal road systems
will be located in substantial conformity with the internal road network identified
on the Zoning Exhibit `B" prepared by Bury+Partners dated January 2007 and
attached as a proffered exhibit.
:I
Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning
Revised September 5, 2006
Revised October 26, 2006
Revised November 7, 2006
Revised November 29, 2006
Revised December 21, 2006
Revised January 17, 2007
5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements
The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to
construct a third southbound lane on U.S. Route 11 from the primary entrance to the
Property located on Tax Parcel #43 -((A)) -100 to the Interstate 81 Exit 317 northbound
on -ramp. These improvements will include a 12' wide lane of approximately 600 linear
feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317
northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct
turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a
smooth transition. The improvements shall be completed within one year following
approval of the first site plan submitted within the B -2, Business General portion of the
Property, and in any event, prior to the issuance of the first occupancy permit on the
Property.
6.) Monetary Contributions for Route 11 Corridor
The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to
provide $250,000.00 to Frederick County within 18 months of final site plan approval for
the first site plan submitted within the B -2, Business General portion of the Property to be
utilized unconditionally for transportation studies or physical improvements within the
Martinsburg Pike corridor. Additionally, the Applicant, Rutherford Farm, LLC, agrees
to allow Frederick County to utilize this monetary contribution as matching funds for
federal or state transportation improvement grants that will apply to the Martinsburg Pike
corridor.
D.) Historic Resource
1.) Interpretative Signs
The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby
proffers to provide an interpretive area in the location of the old Rutherford's
Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the
Master Development Plan dated December 21, 2006 prepared by Bury +Partners.
A public access easement will be provided for the interpretative sign viewing
area, which shall be enhanced with picnic tables and landscaping. The public
access easement will be prepared and the proposed improvements will be
constructed in conjunction with the site plan that is approved adjacent to this area.
Three interpretative plaques will be provided. They are as follows:
7
Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning
Revised September 5, 2006
Revised October 26, 2006
Revised November 7, 2006
Revised November 29, 2006
Revised December 21, 2006
Revised 3anuary 17, 2007
➢ The Second Battle of Winchester
➢ The Battle of Rutherford's Farm
➢ The Rutherford's Farm House
The interpretative signs will contain language and pictures acceptable to the
Frederick County Historic Resources Advisory Board. The maintenance of the
interpretative signs, picnic tables, landscaping and public parking for the
interpretative sign viewing area shall be the responsibility of the Rutherford
Crossing Association, Inc., a non -stock corporation to be established by the
Applicant, Rutherford Farm, LLC, within 60 days of final rezoning approval.
2.) Landscaping
The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees
to provide a transitional landscape buffer that will be provided along Martinsburg_
Pike (U.S. Route 11 North) as identified on the Master Development Plan dated
December 21, 2006 prepared by Bury +Partners. This landscape easement will be
15' in width and will consist of a low earthen mound of 2 -3' in height with
plantings of ground covers, flowers, grasses, shrubs and trees in general
conformity with the landscape buffer typical section provided on the Master
Development Plan. The landscape buffer will be installed during the construction
of the first structure within the B -2 District portion of the Property, and will be
maintained by the Rutherford Crossing Association.
3.) Property Name
The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the
Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C.
Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43-
((A))-99), hereby proffer the naming of the Property to:
"Rutherford Crossing"
N
Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning
Revised September 5, 2006
Revised October 26, 2006
Revised November 7, 2006
Revised November 29, 2006
Revised December 21, 2006
Revised January 17, 2007
E.) Lightin
The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees
that all building mounted lights and pole- mounted lights will be of a downcast nature,
hooded and directed away from adjacent properties surrounding the proposed project.
The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate
attachment for review and approval by the Frederick County Planning Department
prior to the installation of these lighting features.
F.) Si na e
l.) The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby
proffers that all freestanding business signs located at the entrances to the
Property along Martinsburg Pike shall be monument -style signs not to exceed 12'
in height.
2.) Within the IA (Interstate Area Overlay) District located throughout the limits of
the Property, the Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100),
and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98),
C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43-
((A))-99), hereby proffer to limit the total number of signs to three.
G.) Recycling Proffer
The Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), C.
Robert Solenberger, John S. Scully, N, and John B. Schroth, (Tax Parcel #43- ((A))-
99), hereby agree to implement recycling programs with each industrial user to
ensure appropriate waste reduction, disposal, and recycling of any waste or
byproduct material. The program for each industrial user will be reviewed and
subject to approval by the Frederick County Recycling Coordinator prior to the
issuance of a final occupancy permit for each industrial user.
0
Cj mrn yEngineering Apd15. 2004 Rmhafud Cm i gRc:a,ing
Revised Septa 5, 2006
Rwi.d 0=m 26, 20%
R,ikd Nwanba 7, 2005
Rcvi.N Novcmba 29.2006
Revised t .ba 21, 2006
Re ise January 17, 2007
Sienatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Applicant and Record
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:
Rutherford Faun. LLC Date
Tax Parcel #43 -((A)) -100
Commonwealth of Virginia,
City /County of <:7 cC-� Wit:
The foregoing instrument was acknowledged before me this ( //��CC
day of ✓ .U-
20*y CJ l % J r7/7f H
pp
Notary Public
My Commission Expires /,7 �i "/7, f 2-C_6Jo
10
Grcm y Fnginemng ApM 5, 2004 Rumafmd fio mg Ro ®ing
Rcviscd Scptembc 5, 2006
R...d Oa 2b, 2006
ReV W November 7, 2006
RcvnW Novembc 29, 2006
Revis ex. 21, 2006
Revisod ].wry 17, 2007
Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Record 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:
dig
Virginia Apple Storage, Inc. Date
Tax Parcel #43- ((A) )-98
Commonwealth of Virginia, 1 \
City /county of �n��i rC� PS f tY V A To wit:
th
The foregoing instrument was a cknowledged before me this ]gday of 0,'n U G r
2006 by D10. \
h'e 1�'QKrS
^Uy�A
Notary Public
My Commission Expires 0 1 - 30- 2 n 1 a
Greenway agiemrfug April S. 20N Ruda fvd Cm m, Rczmwg
Rcviss Sq. 5,2006
R.A.W Ocu b. 26, 2006
RcvkM Nov nm r 7, 2006
Revised Navember 29. 2006
Revised D..ber 21, 2006
Rev,scd laauary 17. 2007
Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Record 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 �G�� / ✓�✓✓�L/
C. Robert Solenberger Date
Tax Parcel 1943- ((A) )-99
Commonwealth of Virginia, 1
City /eoumy -of �) � w c P'� r L VA _ To Wit:
j
The foregoing instrument was acknowledged before me this ] fjday of a r`
2006 by
S i
J'Notary Public
My Commission Expires 0 a o . _ '9 0 1 d_
12
Cc weyagimmnng Apri15. 20D6 Rndlarml Wg Re i-g
RwtW Sept=t 5, 2W6
Re -h. d O:mbv 26.2006
Rcvi, d Nm.m 7, 2005
kwi.d No,c 29,2006
Revi,cd D be 21, 2006
Rcvhe J.0 17, 2007
Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Record 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:
John/S`. Scully, IV Date
% x Parcel #43- ((A)) -99
Commonwealth of Virginia,\ ` \
Cityf�f n e <' 1 y To Wit:
�tk
The foregoing instrument was acknowledged before me this y I - 1 day of 1 a rl Y
2006 by : O II �' J S C u
Notary Public
My Commission Expires 9 -- 3 0 - 0 0) h
G'..' Engineering APO 5,2004 Rmhafoid CGmsing Re frig
Rcvno7 Sqp ba 5, 2006
Rc.i,a naoba 26, 2006
Rwitt Nwanba7,2006
RevisM N.v.ba 29, 2006
Revised Dxc 21, 2006
Rc L.d J. 17. 20G7
Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Record 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 .JAG 6J, c ,
ohn B. Schroth Date
Tax Parcel #43- ((A)) -99
Commonwealth of Virginia,
City oun of W t )or h Ny 1 t? r, V 1 t To Wit:
T�
The foregoing instrument was acknowledged before me this day of In a r
2006 by tl f Vt IJ- Jcd1 rL 1 ^ I
L -4
JI Notary Public
My Commission Expires C l - 30 `0 D) 0
14
EA TABULATIONS
AREA
65.26 AC.
28.66 AC.
22.46 AC. / j / P. 0
IEA = 136.38 AG.
S15' B.19' 3fi'OB "E
S
N42'10 30 E
1057.31'
TAX MAP K 43 A 100
/ / RUTHEREORC FARM, LLC
Z' / / B-9
22.66 AC.
C4 AS
Nf0'Sfi'12'W 312 Oo JO f -
/23659' 56
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70.92' titer.
/ )^ �0 9� �• B -2
28.68 AC.
/ / SB /25, •F � ` l
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,21 .510 0'"1 _
TAX MAP N 43 A III I
C. ROBERT SOLENBERGER,
JOAN B. SCHROTH A140
JOHN S. SCULLT, IV
I 1 ILA
�� II
\ \ ,IAN 2 2 2001
TAR MAP A 43 A 98
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INSTRUMENT 200411262 55.45 AC. C. ROBERT SOLENBERGER.
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144.97 1 7 144.97' S 00'33'13" F
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20'57'23'
2252.00'
823,69
416.50'
819,11'
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1321.72'
676.18
345,66'
668.83'
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5629.58'
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72.49'
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380,00'
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413.61'
559.66'
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154.87'
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TAX MAP A 43 A 98
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C. ROBERT SOLENBERGER,
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676.18
1267
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