PC 01-21-09 Meeting Agenda7:00 P.M.
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
January 21, 2009
CALL TO ORDER
TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting................................................................ (no tab)
2) December 3, 2008 Minutes..............................................................................................(A)
3) Committee Reports..............:..z................................................................................ (no tab)
4) Citizen Comments.................................................................................................... (no tab)
PUBLIC HEARING
5) Rezoning #16-08 for Sportsplex, submitted by Patton Harris Rust & Associates, to rezone
6.02 acres from the B3 (Industrial Transition Business) District to the B2 (General Business)
District, with proffers, for Commercial Use. The property is located on Commonwealth
Court (Route 1167) west and adjacent to Interstate 81, in the Shawnee Magisterial District,
and is identified by Property Identification Number 75-A-91 C.
Mrs. Perkins..................................................................................................................... (B)
PUBLIC MEETING
6) Master Development Plan #10-08 for I-81 Distribution Center, submitted by Triad
Engineering, Inc., for up to 750,000 square feet of warehouse/office use. The properties are
located approximately .61 miles north of Route 11 intersection with Cedar Hill (Route 671),
bounded on the west by I-81 and on the east by Martinsburg Pike, in the Stonewall
Magisterial District, and are identified by Property Identification Numbers 33-A-109 and
33-A-110.
Mrs. Perkins..................................................................................................................... (C)
7) Waiver Request of Frances M. Jenkins, of Frederick County Subdivision of Land,
Chapter 144, Article V Design Standards, Section 31 Rural Subdivisions, (C) (1)(b),
Minor rural subdivisions, setback and lot size waivers, to enable division of a 4.5 acres
parcel of land into two parcels, one being 2.5 acres and the other parcel being 2 acres.
The property is located 1.9 miles south of the intersection of Round Hill Road (Route
803) and Singhass Road (Route 620), in the Back Creek Magisterial District, and is
identified by Property Identification Number 51-A-98.
Mr. Cheran....................................................................................................................... (D)
8) Other
FILE COPY
•
C
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick Count_ Administration Building at 107 North Kent Street in
Winchester, Virginia on December 3, 2008. 4
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon
District; Christopher M. Mohr, Red. Bud District; Gregory S. Kerr, Red Bud ,District; Gary R. Oates, Stonewall
District; Richard Ruckman, Stonewall District; Lawrence R Ambrogi, Shawnee District; Charles E. Triplett,
Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt,
Back Creek Disuict; Roderick Williams, Legal Counsel; and Gary Lofton, Board of Supervisors Liaison.
ABSENT: Richard C. Ours, Opequon District; and H. Paige Manuel, Shawnee District
STAFF PRESENT: Eric R Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark
R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; and Renee' S. Arlotta,
Clerk.
CALL TO ORDER & ADOPTION OF AGENDA
Chairman Wilmot called the meeting to order at 7:00 p.m.
Commissioner Kriz moved to adopt the December 3, 2008 Planning Commission Agenda for
this evening's meeting. This motion was seconded by Commissioner Triplett and unanimously passed.
MINUTES
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning
Commission unanimously approved the minutes of the October 15, 2008 meeting.
COMMITTEE REPORTS
Natural Resources Subcommittee
Commissioner Kriz reported that the Natural Resources Subcommittee had its final meeting to
wrap up the first version of the environmental section before sending out to various technical people for review.
Frederick County Planning Commission
Minutes of December 3, 2008
0
prou
y
Page 2384
-2 -
Transportation Committee —11/24/08 Mtg.
Commissioner Kriz reported that the Transportation Committee considered the following items:
1) voted to go paperless as much as possible; 2) advised staff to look into the positives and negatives of joining
the I-81 coalition-, 3) a motion v.°as passed to send the latest figures for the transportation component of the
Development Impact Model to the Oversight Committee; 4) a motion was passed to send a suggested Route 522
alignment east of 1-81 to VDOT for comments; 5) the latest draft of the TIA Standards were reviewed and
recommended it be placed on the agenda for the Planning Commission's Retreat or a joint work session of the
Planning Commission and Board of Supervisors; 6) the "red-light ordinance" is moving forward.
CITIZEN COMMENTS
Chairman Wilmot called for public comments on any subject not on the Commission's agenda
for this evening. No one came forward to speak.
PUBLIC MEETING
Master Development Plan #07-08 for Route 50 Assisted Living Facility, submitted by Bowman Consulting
Group, for an assisted living facility on the south side of Northwestern Pike (Route 50), west of the
intersection of Ward Avenue and Route 50. The properties are further identified with P.I.N.s 53-A-81, 53-
A-82, 53B-3-24, and 53B-3-25 in the Shawnee Magisterial District.
Action — Recommended Approval
Commissioner Mohn said he would abstain from all discussion and voting on this application
due to a potential conflict of interest.
Senior Planner, Candice E. Perkins, reported this master development plan (MDP) application is
a proposal to develop slightly more than ten acres of land which was rezoned to the B2 (Business General)
District this year with proffers. Ms. Perkins noted the site consists of four parcels and is proposed to be
developed with an assisted living facility of up to 75,000 square feet_ She said entrances to the site are limited to
three: the primary access is off Ward Avenue; a secondary limited access point is shown on Route 50, which is a
right -in, right -out entrance and restricted to -Allegheny -P- ower Company vehicles only; a third access point would
be permitted at the rear of the property once a future collector road is constructed. Ms. Perkins added that a 50 -
foot landscaped buffer along Route 50, as well as zoning district buffers along the sides and rear of the site, is
shown on the MDP.
Commissioner Oates asked the staff if they were satisfied the applicant had met all of the
conditions of the zoning ordinance and the approved rezoning. Ms. Perkins replied yes.
Mr. Michael Pointer with Bowman Consulting Group was present to represent the MDP
application and to answer any questions from the Commission.
Frederick County Planning Commission
Minutes of December 3, 2008
Page 2385
-3 -
Chairman Wilmot called for any public comments. No one came forward to speak and Chairman
Wilmot closed the public comment portion of the meeting -
Commissioner Unger made a motion to recommend approval of the MDP. This motion was
seconded by Commissioner Watt and was passed by unanimous vote.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend
approval of Master Development Plan #07-08 for the Route 50 Assisted Living Facility, submitted by Bowman
Consulting Group, for an assisted living facility on the south side of Northwestern Pike (Route 50), west of the
intersection of Ward Avenue and Route 50.
(Note: Commissioner Mohn abstained; Commissioners Manuel and Ours were absent from the meeting_)
COMMISSION DISCUSSION
CAPITAL IMPROVEMENTS PLAN (CIP)
Deputy Planning Director, Michael T. Ruddy, reported that the Comprehensive Plans and
Programs Subcommittee (CPPS) met with Comity Department and Agency representatives to discuss their
individual capital improvement project requests on November 10, 2008. Mr. Ruddy said following the CPPS
discussion, the CPPS Executive Committee endorsed the 2009-2010 CIP and endorsed its conformance with the
County's Comprehensive Policy Plan. Mr. Ruddy stated that the discussions with the departments were very
thorough and a fair amount of focus was once again provided to the transportation section of the CIP. hi addition,
again this year, the connection between the CIP and proffered contributions with individual rezoning requests,
was greatly reinforced. Also included as a component to this year's CIP were the individual fire and rescue
companies' requests.
Mr. Ruddy said the CIP consists of a total of 71 projects. He said this is a few more than last
year; however, the structure of the CIP is slightly modified with the individual fire and rescue company requests
and a further breakdown of the airport requests to be more consistent with how the airport does their CIP for the
State Department of Aviation. The schools, parks and recreation, county administration, and the airport modified
the details of a variety of their requests and two new transportation projects were added. The two new
transportation projects were Renaissance Drive and pedestrian improvements on Senseny Road and the Eastern
Road Plan connection. The two new projects for fire and rescue included anew fire station in the vicinity of the
Crosspointe project and the second being a regional training facility for fire and rescue and public safety
purposes. Mr. Ruddy said the CIP is being presented as a discussion item this evening
Chairman Wilmot said she understood the concept of identifying items in the CIP so the County
can accept proffers as they come forward; however, she inquired how the equipment needs are shown as a capital
improvement rather than just buildings or structures. Mr. Ruddy replied this subject was heavily evaluated at last
year's CIP because there were specific requests by some fire and rescue companies for vehicle replacement and
equipment. As a part of that discussion of being able to use proffered funds to obtain equipment, the direction
from the Finance Committee and ultimately, the Board of Supervisors, was that this particular category did,
indeed, include equipment and vehicle needs associated with individual company requests. He said it was not
necessarily bricks and mortar, but a very significant expenditure that allows the classification as a capital need for
the fire and rescue companies.
Frederick County Planning Commission
Minutes of December 3, 2008
Page 2386
-4 -
No other questions or issues were raised and the Commission members were satisfied with the
CIP as presented.
PLANNING COMMISSION BYLAWS
Planning Director, Eric R. Lav<rence, reported that at the Planning Ccmmission's October 15,
2008, meeting, the Conunission and staff discussed a few of the items relating to the Commission's Bylaws. Mr.
Lawrence noted that those items included time limits for applicant and staff presentations; late information
submissions by applicants, and clarification on the 90 -day application processing guideline. Two of the items,
relating to time llnlits for presentations and what constitutes a complete application, Sections 8-3-8-2-A and 8-3-
8-4, seemed to need ther discussion and staff suggested these more complex items be saved for a future
fiu
meeting. He suggested the Commission consider the simpler items for adoption on the January 7, 2009 meeting.
He said the revisions with today's date are fairly minor and include code references and minor language changes.
Commissioner Thomas felt there was a benefit on putting a time limit on an applicant's
presentation; however, he didn't think the staff's presentation should have a limit. He said the staffs
presentation provides the Commission with the comments and information. He believed a "time guide" on an
applicant's presentation might encourage the applicant to assemble a more logical and effective presentation to
get their message across; he said the Commission is looking more for quality, not quantity.
Commissioner Kriz agreed. Commissioner Kriz believed that Section 8-3-8-4 would aid in
having all the materials, information, and comments submitted before the application can be placed on the
Commission's agenda.
Chairman Wilmot commented there should be the opportunity, if staff is placed in a position
where an application cannot be complete, for the applicant to come in at a work session with the Planning
Commission before they get into a public hearing environment. So, she asked if the applicant would want the
clock to start sooner or later.
Commissioner Mohn also believed this was an opportunity to use the work session provision to
help the entire process. He said in those cases, it's not so much as people neglecting their responsibilities to get
agency comments completed or to assemble their package, but rather, when there is a legitimate impasse or
difference of opinion between review agencies or whomever, that it may be better served to bring that to a work
session first, before it gets to public hearing. This could be an effort to work through some of the issues to insure
that everyone has an understanding; potentially, to assist staff in resolving the issues with the applicant.
Commissioner Oates stated this ten-minute limit is being considered basically for rezoning;
however, he thought in cases of waivers, conditional use pennits, and master development plans, ten minutes was
plentyof tune. Commissioner Oates believed it should be 20 minutes for rezoning, over that time a work session,
and ten minutes for other items. He said this should not include staff presentation time.
On the other hand, Commissioner Unger was not in favor of placing time limits on rezoning
applicants. Commissioner Unger said when an applicant is trying to do something as big as a rezoning and he is
spending a considerable amount of money to do it, he felt it was unfair to limit rezoning applicants to 20 minutes.
Commissioner Thomas commented that the previous Planning Commission meeting indicated
there is some uncertainty over the time limits of a tabling; specifically, the 90 -day cut-off and/or the year rule. He
suggested the Commission always have the ability to waive something specific within the Bylaws.
Frederick County Planning Commission
Minutes of December 3, 2008
Page 2387
-5 -
Commission members also discussed establishing guidelines so the applicant knows what is
expected when they come before the Planning Commission. They stressed the importance of having a complete
application within their agenda packets.
Mr. Lawrence said he would incorporate the suggestions and discussions within the Bylaws and
bring the revised document to the Commission at their first meeting in January for adoption.
ADJOURNMENT
Upon motion made by Commissioner Kris and seconded by Commissioner Ours, the meeting
adjourned at 7:45 p.m_ by a unanimous vote.
Respectfully submitted,
June M. Wilmot, Chairman
Eric R. Lawrence, Secretary
Frederick County Planning Commission
Minutes of December 3, 2008
Page 2388
REZONING APPLICATION 916-08
SPORTSPLEX
Staff Report for t"e Planning Commission
Prepared: January 6, 2009
Staff Contact: Candice E. Perkins, AICP, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 01/21/09 Pending
Board of Supervisors: 02/11/09 Pending
PROPOSAL: To rezone 6.02 acres from the B3 (Industrial Transition Business) District to the 132
(General Business) District with proffers for commercial use.
LOCATION: The property is located on Commonwealth Court (Route 1167) west and adjacent to
Interstate 81.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75-A-91 C
PROPERTY ZONING: B3 (Industrial Transition)
PRESENT USE: Sportsplex - Commercial Indoor Recreation
ADJOINING PROPERTY ZONING & PRESENT USE:
North:
M2 (Industrial General)
Use:
Industrial
South:
B2 (Business General)
Use:
Commercial
East:
N/A
Use:
Interstate 81
West:
B3 (Industrial Transition)
Use:
Commercial
PROPOSED USES: Commercial Use
Rezoning #16-08 — Sportsplex
January 6, 2009
Page 2
REVIEW EVALUATIONS:
Virginia Department of Transportation: VDOT has no objection to the revised proffer statement
other than revising the first sentence of Proffer 1.2 to: Within 90 days of receiving written request from
Frederick County and VDOT, the applicant shall dedicate, at no cost, additional right-of-way across
the proper, frontage with Interstate 81 in conformance with....
Staff Note: Proffer 1.2 has been revised to address this comment.
Fire Marshall: Plan approval recommended.
Public Works: We have no comments concerning the proposed rezoning.
Inspections: No comment at this time.
Sanitation Authority: There is sufficient sewer and water capacity to serve this project.
Service Authority: No comments.
Health Department: No objection based on the contents of the submittal.
Geographic Information Services (GIS): No additional road names are required at this time. If
additional structure numbers are required, please contact Frederick County IT Department.
Par'," & Recreation: No comment
Historic Resources Advisory Board: It appears that the proposal does not significantly impact
historic resources and it is not necessary to schedule a formal review of the rezoning application by the
HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located
on the property nor are there any possible historic districts in the vicinity. It was also noted that the
National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core
battlefield within this area.
Parks & Recreation: No comment.
Winchester Regional Airport: It appears that it will not impact operations at the Winchester Regional
Airport.
Frederick County Public Schools: We offer no comments.
Frederick County Attorney: Please see attached letter dated December 8, 2008 from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached letter dated August 20, 2008 from Candice E. Perkins,
Senior Planner.
Rezoning #16-08 — Sportsplex
January 6, 2009
Page 3
Plannina & Zonina:
1) Site History
The Frederick County Planning Department administratively approved the Commonwealth
Business Center Master Development Plan on July 19, 1999. Previously, the Board of
Supervisors approved the plan on July 14, 1999. The Commonwealth Business Center Master
Development Plan called for the industrial/commercial development of an Industrial Park on a
37 acre site.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is air. 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. 1-1]
Land Use
The parcel for which this rezoning is being requested is located within the County's Urban
Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban
Development Area and Sewer and Water Service Area define the general area in which more
intensive forms of planned commercial and industrial development will occur. In addition, the
Eastern Frederick County Long Range Land Use Plan identifies this area with a
Business/Commercial land use designation. Therefore the existing B3 Zoning and the proposed
B2 Zoning is consistent with the Comprehensive Plan.
Site Access
The site is currently and will continue to be accessed off of Commonwealth Court (Route 1167).
3) Proffer Statement - Dated August 12, 2008; Revised October 3, 2008, October 22, 2008,
November 25, 2008 and December 23, 2008
1. Site Development
1.1 Should the existing use of the site cease as "Amusement and recreation services
operated indoors" and a new primary use is proposed that would generate an Average
Daily Trip (ADT) count that would exceed the existing use per the ITE Trip Generation
Manual, the Applicant shall prepare a Trak Impact Analysis in accordance with
VDOT standards and shall provide a pro -rata share of the transportation improvements.
The pro -rata share of transportation improvements shall be based upon the percentage of
future traffic growth caused by the Property as determined by the TIA and verified by
Frederick County and VDOT for acceptable Levels of Service at subject intersections.
The aforementioned pro -rata share of transportation improvements may be in the form
of constructed improvements and/or monetary contribution which shall be provided by
the Application to Frederick County prior to operation of any future primary use for the
Rezoning #16-08 — Sportsplex
January 6, 2009
Page 4
Property that would necessitate the completion of a TIA as indentified.
1.2 Within 90 days of receiving written notice from Frederick County and VDOT, the
Applicant shall dedicate, at no cost, additional right -or way across the Property frontage
within Interstate 81 in conformance with the exhibit dated November 18, 2008.
STAFF CONCLUSIONS FOR 01/21/09 PLANNING COMMISSION MEETING:
This is an application to rezone 6.02 acres from the B3 (Industrial Transition) District to the B2
(Business General) District with proffers. The land use proposed in this application is consistent with
the Comprehensive Policy Plan, as described in the Eastern Frederick County bong Range Land Use
Plan.
A recommendation by the Planning Commission to the Board of Supervisors concerning this
rezoning application would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
I
VIA FACSIMILE (540-665-0493)
AND FIRST-CLASS MAIL
COUNTY of FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
December 8, 2008 E-mail:
rwillia@co.frederick.va.us
Mr. Patrick Sowers
Patton Harris Rust & Associates
117 East Piccadilly Street, Suit-- 200
Winchester, VA 22601
Re: Sportsplex — Proposed Rezoning
Revised Proffer Statement dated October 23, 2008
Dear Patrick:
You have submitted to Frederick County for review proposed rezoning
application materials for the "Sportsplex" property, Parcel Identification Number 75-A-
91 C. Specifically, the proposed rezoning application contemplates the rezoning of 6.02
acres, in the Shawnee Magisterial District, from B3 (Industrial Transition District) to B2
(Business General District) with proffers. I have now reviewed the proposed Proffer
Statement, bearing a revision date of October 23, 2008.
It is my opinion that the Proffer Statement would be in a form to meet the
requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and
would be legally sufficient as a proffer statement, subject to the following comments:
Proffer 1.1 does not state how existing or then -existing Average Daily Trip
(.ADT) cemit-tvo„ld be calculated at th-c time of tern_ainatio^ of the primary use
of the Property, nor does the proffer state how the ADT count of any new
primary use of the Property would be calculated. Also, staff should be aware
that other uses under Standard Industrial Classification (SIC) Code 79, besides
the current use, might result in an increased ADT count, but, as written, the
proffer would not provide for any mitigation of such impacts. Finally, while a
particular new use of the Property might result in, among other things, an
increased ADT count, such a new use might not necessarily require issuance
of a new certificate of occupancy and therefore might not trigger any
monetary contribution stated in the proffer.
• In Proffer 1. 1, staff should be aware that preparation of the proposed Traffic
Impact Analysis (TIA) would be by a consultant of the applicant's choosing.
107 North Kent Street • Winchester, Virginia 22601
Mr. Patrick Sowers
December 8, 2008
Page 2
Proffer 1.1 does not indicate a specific means for a calculation of the value of
the potential transportation improvements that may be identified by the TIA
prepared in the event of a new use, in particular regarding what would
constitute a pro -rata share.
In Proffer 1.2, the applicant is essentially asking for a possible waiver of
parking and SWM requirements, in connection with the proffered right-of-
way dedication. Staff will need to determine if this is acceptable. Also, the
applicant currently has a sign installation, which includes the display of
changing electronic messages, within the area of the proffered right-of-way
dedication. Staff and the applicant may need to address the standards (in
particular, sign height, sign size, and the characteristics of the electronic
message display) that will govern any replacement of that sign.
I would also reaffirm my previous comment, from my letter of August 19, 2008,
that, with respect to required adjoiner notifications, it appears that two additional
properties bear adjacency to the subject property and therefore should be included on the
notification list, if not already included. Those properties are identified by Parcel
Identification Numbers 75 -A -91J and 75-A-92.
I have not reviewed the substance of the proffers as to whether the proffers are
suitable and appropriate for this specific development, as my understanding is that that
review will be done by staff and the Planning Commission.
SincereI ,
Roderick B. Williams
County Attorney
cc: Candice E. Perkins. AICP, Senior Planner
August 20, 2008
Mr. Patrick Sowers
Patton Harris Rust & Associates
117 E. Piccadilly Street
Winchester, Virginia 22601
itE: Priapo3ed Rezoning of the S'portsnlex Proper'31
Dear Patrick:
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
I have had the opportunity to review the draft rezoning application for the Sportsplex
property. This application seeks to rezone 6.02 acres from the B3 (Industrial Transition)
District to the B2 (Business General) District. Staff's review comments are listed below
for your consideration.
1. Eastern Frederick County Long Range Land Use Plan. The site is within the
limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows
the area where this site is located with a business/commercial use designation. The
proposed B2 Zoning is a business use and is generally consistent with the Eastern
Frederick County Long Range Land Use Plan as it relates to this area.
2. Traffic Impacts. While a Traffic Impact Analysis was not performed for this
proposed rezoning, the potential for uses with a high traffic generation exist for the
current as well as the proposed zoning. The applicant should consider proffering
out certain uses that could result in a high trip generation. Also, a TIA and
identified improvements may be needed in the future if the site redevelops. This
should be accounted for in the rezoning package.
3. Interstate 81 Right -of -Way. Additional right-of-way needs along the Interstate 81
corridor should be addressed with this application.
4. Agency Comments. Please provide appropriate agency comments from the
following agencies: Historic Resources Advisory Board, Virginia Department of
Transportation, Frederick County Department of Public Works, Frederick County
Fire Marshall, Frederick County Department of Parks and Recreation, Frederick
County Sanitation Authority, Frederick -Winchester Health Department, the local
Fire and Rescue Company and the Frederick -Winchester Service Authority. The
proposed proffers have been forwarded by staff to the Frederick County Attorney.
107 North Kent Street, Suite 202 4 Winchester, Virginia 22601-5000
Page 2
Mr. Patrick Sowers
RE: Proposed Rezoning of the Sportsplex Property
August 20, 2008
On re attorney comments are received by the Planning Department, they will be
forwarded to your office. Attorney comments are required for acceptance of the
rezoning application.
5. Special Limited Power of Attorney. Please have the property owners complete
the special limited power of attorney form which authorizes you to represent them
during the application process.
6. Fees. The fee for this application includes a $10,000.00 base fee plus $100.00 per
acre, and a $50.00 public hearing sign fee. This is based on fees as of April 28,
2008. Fees may change.
All of the above comments and reviewing agency comments should be appropriately
addressed before staff can accept this rezoning application. Please feel free to contact me
with questions regarding this application.
Sincerely,
Candice E. Perkins, AICP
Senior Planner
CEP/bad
Sportsplex
.ezamng
REZ#16-08
PIN: 75 - A - 91C
C3REZ1608Sportsplex BI (Business, Neighborhood District) 401, MHI (Nlabile Home Cmnmunity District)
Buildings B2 (Business, General Distrist) 4m` MS (Medical Support District)
% . Urban Develo t Area B3 Business, Industrial Transition District +
� � � pmen � ( ) i _ R4 (Residential Planned Community District)
SWSA ENI (Extractive Manufacturing District) R5 (Residential Recreational Community District)
IIE (Higher Education District) RA (Rural Area District)
—
0 75 150 300 Feet WW NII (Industrial, Light District) RP (Residential Perfurmance District)
u.
PROPOSED PROFFER STATEMENT
REZONING: RZ # -A -01
Industrial Transition (BW) to Business General (B2)
PROPERTY: 6.02 acre +/-; Tax Map Parcel 75 -A -91C (the "Property")
RECORD OWNER Hodgson Construction, LLC
APPLICANT: Hodgson Construction, LLC
PROJECT NAME: Sportsplex Dr 2 3 2u°
ORIGINAL. DATE
OF PROFFERS: August 12, 2008
REVISION DATE(S): October 3, 2008; October 22, 2008; November 25, 2008;
December 23, 2008
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, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced B2 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 term "Applicant" as referenced
herein shall include within its meaning all future owners and successors in interest.
1. Site Development
1.1 Should the existing primary use of the Property cease as "Amusement and recreation
services operated indoors" as referenced by Standard Industrial Classification (SIC)
Code 79 by the Frederick County Zoning Ordinance and a new primary use is
proposed that would generate an Average Daily Trip (ADT) count that would exceed
the existing use per the LT.E Trip Generation Manual, the Applicant shall prepare a
Traffic Impact Analysis in accordance with Virginia Department of Transportation
(VDOT) standards and shall provide a pro -rata share of the transportation
improvements. The pro -rata share of transportation improvements shall be based
upon the percentage of future traffic growth caused by the Property as determined
by the TIA and verified by Frederick County and VDOT for acceptable Levels of
Service (LOS) at subject intersections. The aforementioned pro -rata share of
transportation improvements may be in the form of constructed improvements
and/or monetary contribution which shall be provided by the Applicant to Frederick
County prior to operation of any future primary use for the Property that would
necessitate the completion of a Traffic Impact Analysis as identified above.
Proffer Statement
Sporlsplex
1.2 Within 90 days of receiving written request from Frederick County and VDOT, the
Applicant shall dedicate, at no cost, additional right of way across the Property
frontage with Interstate 81 in conformance with the attached exhibit entitled
"Sportsplex, I-81 Right of Way Reserve Area" dated November 18, 2008 revised
November 24, 2008 as prepared by Patton Harris Rust and Associates. As shown on
the Exhibit, said right of way reserve area shall be 62 feet in width as measured from
the existing Property line at the Southern Property boundary and shall taper to a
width of 9.5 feet adjacent to the existing parking located in the Southeastern portion
of the site. The right of way reserve area shall then taper to a width of 7 feet at the
Northern Property boundary. Should the right of way be dedicated at a future time,
the existing parking that is located within the 5 foot parking setback as required per
Section 165-27E(13) of the Frederick County Zoning Ordinance shall be permitted
to remain in a legally non -conforming status. In the event the Applicant has not
received written request from the County and VDOT within 30 years of the date of
final rezoning, the Applicant shall not be responsible for providing said right of way
dedication. (See Exhibit 1)
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 2 of 3
Proffer Statement
Respectfully submitted,
Hodgson Construction, LLC
By:
Date: l2 /—Z 3
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
Sportsplex
d
The foregoing instrument m
struent was acknowledged before e this 02.E day of �1�
2008, by 9 U,41, -t �l_ l� �r�� soN
_ LILA M. TRIPLETT
M commission e ire j l V u- • f (� NOTARY PUBLIC
MY p Commonwealth of Virginia
Notary Public Reg. #335897
V Commission Expires Aug. 31, 2011
RM
Page 3 of 3
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INTERSTATE 81 73
SPORTSPLEX PROPERTY - IMPACT ANALYSIS STATEMENT
December 2008
The Sportsplex Property, identified by Frederick County records as Tax Map Parcel 75 -A -
91C consists of 6.02 acres located at the existing terminus of Commonwealth Court within
Commonwealth Business Center as accessed from Route 11 (See Figure 1). The Property is
currently in operation as an indoor recreation facility and accessory uses as permitted under
the Property's current B3 (Industrial Transition) zoning designation. The Applicant would
like to utilize space within the existing facility for child day care services, but this is not a
permitted use under the current B3 zoning designation. Additionally, as the child care
services would not be exclusively for members of the Sportsplex while they are using the
facility, it would also not be permitted as an accessory use currently. As such, the Applicant
is requesting to rezone the Property to the B2 (General Business) zoning district which
includes child day care services as an allowed use in order to implement this service at the
existing Sportsplex facility.
SURROUNDING PROPERTIES
Figure 1 includes aerial photography from 2006 depicting adjacent land uses. The site is
bordered by existing commercial and industrial uses. To the North is the HP Hood
processing facility zoned M2 (Heavy Industrial). South of the Property is Gander Mountain
as well as the recently constructed Camping World. These two adjacent sites are zoned B2
(General Business) as a result of a B3 to B2 rezoning (#05-06) approved in 2006. The site is
bounded to the East by Interstate 81. Figure 2 provides a zoning context map depicting the
existing zoning categories found in the vicinity of the site.
LAND USE
The Sportsplex Property is located wholly within the Urban Development Area (UDA) and
the Sewer and Water Service Area (SWSA) of Frederick County. These boundaries help to
define the areas intended for more intensive forms of development with the County.
Additionally, the subject acreage is located within the study boundary of the Eastern
Frederick County Long Range Land Use Plan. which recommends commercial land uses
within the vicinity of the site. As such, the proposed B2 commercial rezoning is in harmony
with the land use envisioned by the Frederick County Comprehensive Policy Plan.
ACCESS AND TRANSPORTATION
The Property would be served by Commonwealth Court, which provides access to the
Property today. Commonwealth Court was originally constructed with a standard cul-de-sac.
During construction of the Gander Mountain facility, this cul-de-sac was upgraded to a
traffic circle which provides improved access and traffic flow and also accommodates an
inter -parcel connector to land located south of Commonwealth Business Park. A signalized
intersection provides access to Route 11 from Commonwealth Court.
Impact Analysis Statement — Sportsplex Property
1
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ERNS\a
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` SPORTSPLEX PROPERTY Patton, Harris, Rust & Associates
lb
W LOCATION MAP 117 E. Picadilly St. Winchester, Virginia 22601
O � � VOICE: (540) 667-2139 FAX: (540) 665-0493
FREDERICK COUNTY VIRGINIA
FIGURE 1
FIGURE 2
The rezoning application was formally scoped with the Virginia Department of
Transportation (VDOT). As the highest traffic generating uses, such as restaurants or
gasoline service stations, permitted within the proposed B2 zoning designation are also
permitted under the Property's existing B3 zoning designation, VDOT determined that a
traffic impact analysis (TTA) would not be required as part of the application process. in
essence, the proposed rezoning would result in minimal traffic impacts since the Property
has an existing heavy commercial zoning designation. To provide a safeguard for Frederick
County, the Applicant has proffered that if the site is ever to change primary uses that would
result in a greater traffic generation, then the Applicant will complete a TIA and provide
constructed improvements and/or a monetary contribution to the County for the pro -rata
share of any improvements identified by the TLA.
Additionally, the Applicant has proffered to provide a reserve area for additional 1-81 right
of way across the Property frontage. This area would be provided at no cost to the County
or State if needed to accommodate future 1-81 improvements.
ENVIRONMENT
As the Applicant intends on utilizing the existing facility subsequent to the rezoning, there
will be no impacts on environmental features such as wetlands, stream channels, or steep
slopes. If an expansion of the existing facility is required to accommodate any future users,
then the site will be subject to all applicable regulations during the site plan process.
Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for
Frederick County prepared by the U.S. Department of Housing and Urban Development,
Community Panel #510063-0200B, effective date July 17, 1978. The entire site is located in
Flood Zone C, which denotes areas of minimal flooding outside of the 100 -year flood plain.
SEWAGE CONVEYANCE AND WATER SUPPLY
The water and sewer connections serving the existing facility will be maintained for any
future users at the facility. If the site were to ever be redeveloped for a future B2 user, any
proposed water and sewer facilities would be subject to review at time of site plan.
SOLID WASTE
Solid waste will be transferred to the Frederick County Landfill for disposal as it is under
current operations for the Sportsplex. If the site were to develop as a more intensive
commercial use then the approximate 100,000 square feet of existing floor space would
generate 2,500 pounds of solid waste per day assuming a rate of 25 lbs/1,000 square feet.
Impact Analysis Statement-. Sportsplex Property
2
HISTORIC SITES AND STRUCTURES
The subject site does not include any historic structures as identified by the Frederick
County Rural Landmarks Survey. Pursuant to the National Park Service Study of Civil War
Sites in the Shenandoah Valley of Virginia, the subject site is not located wid-d-n any core
battlefield areas. The site is located just outside the study area boundaries for the First and
Second Battles of Kernstown.
IMPACT ON COMMUNITY FACILITIES
The proposed rezoning of the Sportsplex Property will create no impacts on community
facilities. The existing commercial nature of the Property will be unchanged, as such tax
revenues generated by the Property will not decrease as a result of rezoning property to the
B2 District.
Impact Analysis Statement - Sportsplex Property
3
The rezoning application was formally scoped with the Virginia Department of
Transportation (VDOT). As the highest traffic generating uses, such as restaurants or
gasoline service stations, permitted within the proposed B2 zoning designation are also
permitted under the Property's existing B3 zoning designation, VDOT determined that a
traffic impact analysis (TIA) would not be required as part of the application process. In
essence, the proposed rezoning would result in minimal traffic impacts since the Property
has an existing heavy commercial zoning designation. To provide a safeguard for Frederick
County, the Applicant has proffered that if the site is ever to change primary uses that would
result in a greater traffic generation, then the Applicant will complete a TIA and provide a
monetary contribution to the County for the pro -rata share of any improvements identified
by the TIA.
ENVIRONMENT
As the Applicant intends on utilizing the existing facility subsequent to the rezoning, there
will be no impacts on environmental features such as wetlands, stream channels, or steep
slopes. If an expansion of the existing facility is required to accommodate any future users,
then the site will be subject to all applicable regulations during the site plan process.
Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for
Frederick County prepared by the U.S. Department of Housing and Urban Development,
Community Panel # 510063-0200B, effective date July 17, 1978. The entire site is located in
Flood Zone C, which denotes areas of minimal flooding outside of the 100 -year flood plain.
SEWAGE CONVEYANCE AND WATER SUPPLY
The water and sewer connections serving the existing facility will be maintained for any
future users at the facility. If the site were to ever be redeveloped for a future B2 user, any
proposed water and sewer facilities would be subject to review at time of site plan.
SOLID WASTE
Solid waste will be transferred to the Frederick County Landfill for disposal as it is under
current operations for the Sportsplex. If the site were to develop as a more intensive
commercial use then the approximate 100,000 square feet of existing floor space would
generate 2,500 pounds of solid waste per day assuming a rate of 25 lbs/1,000 square feet.
HISTORIC SITES AND STRUCTURES
The subject site does not include any historic structures as identified by the Frederick
County Rural Landmarks Survey. Pursuant to the National Park Service Study of Civil War
Sites in the Shenandoah Valley of Virginia, the subject site is not located within any core
battlefield areas. The site is located just outside the study area boundaries for the First and
Second Battles of Kemstown.
Impact Analysis Statement — Sportsplex Property
2
IMPACT ON COMMUNITY FACILITIES
The proposed rezoning of the Sportsplex Property will create no impacts on community
facilities. The existing commercial nature of the Property will be unchanged, as such tax
revenues generated by the Property wit] not decrease as a result of rezoning property to the
B2 District.
Impact Analysis Statement — Sportsplex Property
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be comphled b# Planning Stgff
Fee I
Zoning. Armcndment Nwnber gate
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicants:
Name: Patton Harris Rust & Associates Telephone: (540) 667.2139
c/o Patrick Sowers
Address: 117 East Piccadilly Street
Winchester Virginia 22601
2. Property Owner (if different than above)
Name: Hodgson Construction, LLC Telephone: (540) 868-2200
c/o Ronald Hodgson
Address: 1180 Apple Pie Ridge Rd _
Winchester, VA 22603
3. Contact person(s) if other than above
Name: Patrick Sowers Telephone: (540) 667.2139
4. Checklist: Check the following items that have been included with this application.
Location Map X Agency Comments X
Plat X Fees X
Deed of property X Impact Analysis Statement X
Verification of taxes paid X Proffer Statement X
5. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Hodgson Construction, LLC
Ronald Hodgson
6. A) Current Use of the Property: B3 — Indoor Recreation with associated B3 uses
B) Proposed Use of the Property: B2 — Indoor Recreation with associated B2 uses
7. Adjoining Property: SEE ATTACHED.
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers).
The Property is located at the existing terminus of Commonwealth Court (Rt
1167) west and ad-acent to Interstate 81 in the Shawnee Magisterial District.
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of the proposed use. Otherwise, the
planning staff will use the maximum possible density of intensity scenario for the proposed Zoning
District as described on page 9 of the application package.
9. Parcel Identifieation/L.oeation: Parcel Identification Number: 75-A-91 C
Magisterial:
Fire Service:
Rescue Service
Shawnee
Stephens City
Stephens City
Districts
High School:
Middle School:
Elementary School:
Sherando _
James Wood
Orchard View
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres
Current Zoning Zoning Requested
6.02
B3 B2
6.02
Total acreage to be rezoned
2
11. The following information should be provided according to the type of rezoning proposed:
Number of Units Proposed
Single Family Horne Townhome Multi -Family
Non -Residential Lots Mobile Home Hotel Rooms
Office
Retail
Restaurant
12. Signature:
Square Footage of Proposed Uses
Service Station
Manufacturing
Flex - Warehouse
Other Indoor Recreation and
associated commercial
uses — 100,000 sf
I (we), the undersigned, do hereby respectfully make application and petition the Frederick County
Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick
County, Virginia. I (we) authorize Frederick County officials to enter the property for site
inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at the front
property line at least seven days prior to the Planning Commission public hearing and the Board of
Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the
hearing.
I (we) hereby certify that this application and; its accompanying materials are true and accurate to
the best of my (our) kn le e.
Applicant(s) .. Date < g
Adjoining Property Owners — Sportsplex
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 Come-nissioner of
Revenue. The Commissioner of the Revenue is located on the 2' floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name
Address
Property Identification Number (PIN)
Name:
The MLR Companies LLC
185 Commonwealth Court
Property #:
75 -A -91I
Winchester, VA 22602
Name:
HP Hood Inc. atm: Sally Sevier
6 Kimball Ln
Property #:
63 -A -86A
Lynnfeild, MA 01940
Name:
Ronald Simkhovitch
2929 Valley Ave
Property #:
44-1-A
Winchester, VA 22601
Name:
Nicholas & Brenda Pinchot
2613 Martinsburg Pike
Property #:
4413-1-12C
Ste hensonI VA 22656
Name:
Glaize Developments, Inc.
P.O. Box 888
Property #:
75-A-91
Winchester, VA 22604
Name:
Glaize Developments, Inc.
P.O. Box 888
Property #:
75-A-90
Winchester, VA 22604
KTJ Limited Partnership 133
Name:
c/o Oppidon Investment Co
5125 City Rd 101, #100
Property #:
75 -A -91K
Minnetonka, MN 55345
Rainier GMVA10 LLC
Name:
c/o Rainier Properties LP
13760 Noel Rd, Ste 800
Property #:
75 -A -91B
Dallas, TX 75240
Name:
Property #:
Name:
Property #:
Name:
Property #:
Name:
Property #:
Name:
Property #:
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651 Facsimile 540-665-6395
Know All Men By Those Present: That I (We)
(Name) Hodgson Construction, LLC (Phone) 540.868.2200
(Address) 1180 Apple Pie Ridge Rd, Winchester, VA 22603
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 Number: 020018080 and is described as
Tax Map Parcel 75-A-91 C Subdivision:
do hereby make, constitute and appoint:
(Name) Patton Harris Rust & Associates (Phone) 540.667.2139
ddress) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601
act as my true and lawful attorney-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
X Rezoning (including proffers)
_ Conditional Use Permits
Master Development Plan (Preliminary and Final)
_ Subdivision
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:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I (we) have hereto set my (our) hand and seal this .3 day of ��� , 200 � Q®® �� •e °as.••° �
Signature(s) a e o
•�` � C�Nl� ji"S F� U'
State of Virginia, City/Germy of W1 eA:e.a r To -wit: N SID
tea• ° w
I, Yho-dejene, 81Car o q a Notary Public in and for the jurisdiction
aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me °®®t®oo`4®4���
and has acknowledged the same before me in the jurisdiction aforesaid this (R 114 day ofDC�, 200 �.
iq I- &a My Commission Expires: 0-.Q 3), a0i b
,tary Public
VICINITY MAP
Scala: t •_2000
�. (/-)
APPROVALS
a��s( %ti��YlU171
FREDERICK COUNTY SUBDIVISION
DATE
OWNER'S CERTIFICATE
THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETWEEN LOT 3 AND LOT 4A,
COMMONWEALTH BUSINESS CENTER, IN THE NAME OF DAVID B. HOLLIDAY, AS APPEARS IN
THE ACCOMPANYING PLATS, IS WITH FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES
AND WISHES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND OR TRUSTEES, IF ANY.
DAVID B.
-J r%
DATE
NOTARY PUBLIC
ELLIOTT RITCHIE, JR. C -US. RES.#1318
I, KBd to Ec tcom , A NOTARY PUB/LIC IN AND FOR THE STATE
-,
��>r,P.ITH
OF VIRGINIA, AT LARGE, DO CERTIFY THAT
E6Yjd ,g, I044,a
WHOSE NAME IS SIGNED ON THE FOREG01
OWNER'S CONSENT, HAS ACKNOWI,FD D
THE SAME BEFORE ME IN MY STATE.
GIVEN UNDER MY HAND THIS DAY OF
NOTARY` .
r 2002. =
MY COMMISSION EXPIRES ro 3' 05
_ .'•;:�, v_
SURVEYOR'S CERTIFICATE ;
I, ELLIOTT RITCHIE, JR., A DULY AUTHORIZED LAND SURVEYOR IN THE STATE OF VIRGIMA.4a:
HEREBY CERTIFY THAT THE LAND EMBRACED IN THIS BOUNDARY LINE ADJUSTMENT IS A PORTION
OF THE SAME LAND CONVEYED TO DAVID B. HOLLIDAY BY A DEED DATED JUNE 10, 1999
AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY,
VIRGINIA IN DEED BOOK 939, AT PACE 562, FURTHER DESIGNATED AS LOT 3 AND A PORTION OF
LOT 4, COMMONWEALTH BUSINESS CENTER, RECORDED IN THE AFOREMENTIONED CLERK'S OFFICE
IN DEED BOOK 942, AT PAGE 1182; LOT 4, COMMONWEALTH BUSINESS CENTER IS FURTHER
DESCRIBED BY A BOUNDARY LINE ADJUSTMENT RECORDED IN THE AFOREMENTIONED CLERK'S OFFICE
IN DEED BOOK 950, AT PAGE 704, AND LOT 4, COMMONWEALTH BUSINESS CENTER, IS FURTHER
DESCRIBED AGAIN IN A SUBDIVISION OF LOT 4, COMMONWEALTH BUSINESS CENTER, RECORDED IN
THE AFOREMENTIONED CLERK'S OFFICE IN DEED BOOK 954, AT PAGE 1648.
CD
ELLIOTT RITCHIE, JR. C -US. RES.#1318
OFG
��>r,P.ITH
FINAL PLAT
Ot
BOUNDARY LINE ADJUSTMENT
LOT 3 AND LOT 4
o ��
COMMONWEALTH BUS/NESS CENTER
Elliott Ritchie, Jr.
BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
LICENSE NO.
1318
Date:September 27, 2002 Scale:]" =100' Sheet 2 of 2
P.L.C.
r 9l�17/omaPAINTER-LEWIS,
�4'D
SURVS
302 SOUTH BRADDOCK STREET
WINCHESTER, VIRGINIA 22601
540-662-5792
CD
34'07'-
12701
4'07'12701
NOTES
NO Title Report Furnished.
2. Easement may exist that are not
shown on this plat.
3. Iron Rods will set at all property
corners.
4. BRL=Building Restriction Line
Lot 4A
Spiderweb Technology, L.L.C.
DB954, P1648
PIN=75–A-91 G
/ Uee:Commercial
Zoned:B-3
N 3416'16* 16" E 331.77'
j,. '//_ _15_ QRL�
\�\V Ex. 25' Drainage
Q/ Easement
CA -
y
LOT 48 I m
2.9046 ACRES I
I
PIN -75—A-91 D
C� !� Zoned:B-3
12
I-
/
to
1
nog Co'
4�he
15' BRL
--
S 32'222 03" V--4;-1-20'
Z M 1'a N
ni
Original Lot 3 Hereby Vacated
$ n
S so c v
Qa1Z N N
oar
s
1
JA-CAd
a,
U
W
1UT
J
LOT 3A E �,
6.0238 ACRES
PIN=75—A-91 C
Zoned -.13-3
to
yo /
�at�h
S 3224,29" W 590.51'
AWA SUA/ Wr
S.8.L. INTERSTATE ROUTE 81 Adjusted Area original Area
(11C60ble Width ?IW) Lot 4B 2.9046 AC Lot 4 2.9345 AC
Lot 3A 6.0238 AC Lot 3 5.9938 AC
8.9284 AC. 8.9284 AC
iHFINAL
�� FFG BOUNDARY LINEPADJUSTMENT
0 r'AC LOT 3 AND LOT 4
MMMONWaL7H BUS/NESS CROM
BACK CREEK MAGISTERIAL DISTRICT
U Elliott Ritchie, r. FREDERICK COUNTY, VIRGINIA
LICENSE No.
1318
l
SURVE9/SURV,
�•�,° &O
I Date:September 27, 2002 1 Scole:l"=100' I Sheet 2 of 2 1
PAINTER—LEWIS, P.L.C.
302 SOUTH BRADDOCK STREET
WINCHESTER, VIRGINIA 22601
540-662-5792
Q
Cl
•
i
MASTER DEVELOPMENT PLAN #10-08
1-81 DISTRIBUTION CENTER
Staff Report for the Panning Commission
Prepared: January 6, 2009
Staff Contact: Candice F. Perkins, AICP, Senior Planner
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
Action
Planning Commission: 01/21/2009
Pending
Board of Supervisors: 02/11/2009
Pending
LOCATION: The subject properties are located approximately .61 miles north of Route 11 intersection
with Cedar Hill (Route 671), bounded on the west by I-81 and on the east by Martinsburg Pike.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 33-A-109 and 33-A-110
PROPERTY ZONING & PRESENT USE:
Zoned: B3 (Industrial Transition)
Use: ResidentialNacant
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North: RA (Rural Areas)
Use: Residential/Agricultural
South: RA (Rural Areas)
Use: Residential/Agricultural
East: RA (Rural Areas)
Use: Residential/Agricultural
West: RA (Rural Areas)
Use: Residential/Agricultural
PROPOSED USE: Office and Warehouse Uses (up to 750,000 square feet)
MDP #10-08,1-81 Distribution Center
January 6, 2009
Page 2
REVIEW EVALUATIONS:
Virginia Department of Transportation: The Master Development Plan appears to reflect the
proposed proffers, Please advise the owner of our approval. The Master Development Plan for this
property appears to have significant measurable impact on Route 11, the VDOT facility which provides
access to the property, Before making any final comments, this office will require a complete set of site
plans, drainage calculations and traffic flow data from the I.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 dated December 12, 2008, for the proposed I-81
Distribution Center, has adequately addressed our previous review comments dated November 7, 2008.
Therefore, we grant our approval for the subject MDP.
Frederick County Inspections Department: Existing structures shall require demolition permit and
asbestos inspection, per the Virginia Uniform Statewide Building Code/2006, prior to removal. No
additional comments at this time.
Frederick County -Winchester Health Department: The Health Department has no objection under
the following conditions: 1) All buildings on site are to be served by the public water and sewer system
as approved by the Frederick County Sanitation Authority. 2) All wells are to be abandoned according
to Private Well Regulations. 3) All septic tanks are to be pumped by an approved septic hauler and
abandoned by filling with sand or gravel. 4) Permits are to be obtained from the Health Department for
any proposal for a motel, hotel or restaurant. 5) All designs submitted should provide for protection of
the Branson Spring from any contaminants or drainage due to the proposed future construction. Please
note that these are the same comments sent to the previous applicant, Michael J. Coughlin of Walsh
Colucci Lubley & Walsh on June 11, 2008.
Frederick County Sanitation Authors Approved.
GIS Department: No road names are required at this time. Structure numbering will be assigned
during the permit/construction phase of development.
Winchester Regional Airport: Parking lot lighting should be of the shielded type and amber in color
to minimize light pollution to pilots on approach to the airport from the north.
Parks and Recreation Department: No comments.
Frederick County Public Schools: We offer no comments on this application.
MDP #10-08, I-81 Distribution Center
January 6, 2009
Page 3
Planning Department: Please see attached letter dated October 29, 2008 signed by Candice E.
Perkins, Senior Planner.
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 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.
B) Location
The subject properties are located approximately .61 miles north of Route 11 intersection with
Cedar Hill (Route 671), bounded on the west by 1-81 and on the east by Martinsburg Pike.
C) Site history
The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject
parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts
were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re -mapping of the subject property and all other A-1
and A-2 zoned land to the RA District. On September 24, 2008 the Board of Supervisors
approved Rezoning #05-08 which rezoned the subject parcels to the B2 (Industrial Transition)
District with proffers.
D) Site SuitabiliihT & 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. 1-1]
Land Use Compatibility:
The parcels comprising this Master Development Plan application are located within the
County's Sewer and Water Service Area (SWSA) and are within the limits of the Northeast Land
Use Plan. The plan designates the site for business use. With Rezoning 40508 the site was
rezoned to the B3 (Industrial Transition) District which is consistent with the Northeast Land
Use Plan.
MDP #10-08,1-81 Distribution Center
January 6, 2009
Page 4
Site Access:
The Northeast Land Use Plan discourages individual lot access on the Martinsburg Pike corridor,
encourages inter -parcel connections, and recommends adequate screening from adjoining land
uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. 1,x7ith
the rezoning for the site, the applicant proffered that the site would only have one entrance on
Martinsburg Pike as shown on the MPD. This "initial entrance" will be closed and relocated per
proffer 3.3 once specified conditions have been satisfied. The project has also proposed
interparcel connectivity with the adjacent parcel to the north. Pedestrian accommodations have
been provided along the projects frontage with Route 11.
Proffers: See Attached Proffer Statement.
STAFF CONCLUSIONS FOR THE 01/21/2009 PLANNING COMMISSION MEETING:
The master development plan for the I-81 Distribution Center depicts appropriate land uses and appears
to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning
Ordinance and this MDP is in a form that is administratively approvable. The MDP is also in
accordance with the proffers for Rezoning #05-08. All of the issues brought forth by the Planning
Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors.
Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the
Board of Supervisors regarding this MDP. All issues and concerns raised by the Planning Commission will be
forwarded to the Board of Supervisors for their consideration. Staff is ultimately seeking administrative
approval authority of the Master Development Plan.
October 29, 2008
Mr. Dennie Dunlap, PE
Triad Engineering, Inc.
200 Aviation Drive
Winchester, Virginia 22602
UNTy �fF'R`EDERICK
Department of Planning and Development
540/665-565?
FAX: 540/665-6395
RE: Preliminary Master Development Plan for the I-81 Distribution Center
Property Identification Numbers (PINs): 33-A-109 and 33-A-110
)First Review
Dear Mr. Dunlap:
Thank you for providing me with the opportunity to review the preliminary master
development plan for the proposed development referred to as the I-81 Distribution Center.
Please adequately address each of the comments listed below prior to formal submission of
the preliminary master development plan referenced above:
Preliminary Review Comments:
1, Project Summary. Revise the project summary to show the new zoning. Revise the
proposed use to show warehouse/distribution.
2. Approved Proffers. Revise the MDP to show the approved proffers (revision date
of September 17, 2008).
3. Proffers. The proffered GDP needs to be provided on the MDP.
4. Signature Blocks. Signature blocks for the owner of the property need to be
provided. The address and phone number for the property owner needs to be
provided as well.
5. Existing Structures. Label all existing structures that are going to be removed.
6. Legend. A legend needs to be provided on the MDP.
7. Dimensional and Intensity Requirements. The table for the dimensional and
intensity requirements needs to be revised. Route 11 is an arterial road, not a
collector, and the height portion needs to be updated when the pending height
ordinance amendment is decided.
8. Notes. Statements regarding water and sewer availability need to be provided on
the MDP.
9. Proffered Improvements. The proffered improvements need to reference their
proffer number.
10. Interparcel Access. Show on the MDP how proffer 3.5 will be implemented.
11. Martinsburg Pike. Label Martinsburg Pike and provide the speed limit.
12. Branson Springs Road. Show the location of the intersection with Route 11 and
Branson Springs Road.
107 North bent Street, Suite 202 o Winchester, Virginia 22601-5000
Mr. Dennie Dunlap, PE
RE: I-81 Distribution Center MDP
October 29, 2008
Page 2
13. Entrances. Label the entrance shown as the "ha-Itial entrance" and show the location
.of the "future entrance Also, all intersections and driveways within 200 feet of this
propeity need to be shown on the MDP.
14. Zoning District Buffer. A Zoning District buffer (in addition to proffer 5.1) is
required along Martinsburg Pike. This buffer needs to consist of three deciduous
trees (two inch caliper) and two evergreen trees (four feet at time of planting) per ten
linear feet.
15. Route 11 Buffer. Proffer 7.3 states that a split rail fence will be constructed along
Route 11. The Route 11 buffer detail needs to be revised to incorporate this fence
along with the three foot berm.
In order to continue the review of this Master Development Plan, you will need to submit a
complete MDP application, a signed and notarized Special Limited Power of Attorney Form,
all review agency comments and review fee, to this department. Once this information is
received, and all review comments addressed, staff will schedule the application for review
by the Planning Commission. Review comments are required from the following agencies:
Frederick County Fire Marshal, Frederick County Department of Building Inspections,
Frederick County Department of Public Works, Frederick County Department of G.LS.,
Frederick County Health Department, Frederick County Parks & Recreation, Frederick
County Sanitation Authority, Frederick County Public Schools and the Virginia Department
of Transportation_ Please do not hesitate to contact me with questions regarding this letter.
Sincerely,
Candice E. Perkins, AICP
Senior Planner
CEP/bad
Attachment
,-81 Distribution Center
.rDP#10-08
PIN: 33 - A - 109, 33-A- 110 (08
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PROFFER STATEMENT,`
dos -os
REZG14ING: RZ.�-07-93 RA to B-3 (industrial Transition)
PROPERTY: -59 Acres, Tax Map Parcel No.'s 33-A-110; 33-A-109
RECORD 0NV�7ER: Estate of Roy Riley Boyce, Jr. and Kay Marie Boyce
APPLICANT: BPG'Properties, Ltd. and/or its assigns
PROTECT NAME; 1-81 Drstr-ibution Center
PROFFER DATE:
June 19, 2008
REVISION DATE -
July 3, 20.0.8
REVISION DATE:
July 21, 2008
REVISION DATE:
August 25, 2008
REVISION DATE:
September 17, 2008
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,
which shall supersede all other proffers that may have been made prior hereto. In the e r-nt that
the above referenced rezoning is not granted as applied for by the applicant ("Applicant"), these
proffers shall be deemed withdrawn and shall be null and gold. 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
Supervisors' (the "Board") dccision granting the rezoning may be contested in the appropriate
court_
The headings of the proffers set forth below have been prepared for convenience of
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 present and future owners and successors in interest.
The development of the Property shall be in general conformance with the plan entitled
"BPG Properties, Ltd., Frederick County, Virginia, Generalized Development Plan" dated June
19, 2008, (the "GDP'% subject to reasonable changes approved by the County in connection
with Master Development Plan and Final Site Plan review; including revisions required for final
engineering considerations, code and regulatory compliance; and revisions to parking layout and
the location of structures to accommodate the potential for multiple buildings on the Property.
The Applicant hereby proffers the following:
I. Land Use Restrictions.
1.1. The Property shall be developed with, not more than seven hundred fifty thousand
( 750,000) square feet of pe —init<ed Discs, as those uses are modified hereby, which
750,000 square feet and permitted uses shall be located entirely within one
building or within multiple buildings on the Property.
BPGr ptopeztics
Proffer StateraciA
Page 2 of 7
1,2, Office aces may be antiployed on the Property only as accessory uses and shall be
located entirely �uitlun the structure(s) for the primary use(s), In no event shall
there be stand-alone office buildings on the Property.
1.3, The Applicant shall employ the yard and setback requirements for uses as provided
in the MI District, rather than those othezzn,ise a1plicabl.e to the B3 District.
2. Proffered -Cut Uses. The follow i zg uses shall not be permitted on the Property.
2.1 Tianspoitation By Air and all Uses, Classified as STC 45
2,2 Transportation SerViees; and all Uses Classified as SIC 47
2.3 Automoti-ve Dealers and Gasoline Ser%rice Stations and all Uses Classified as SIC
55.
2.4 Restaurant, except food services as may be provided to seivice ern.ployees onsite
2.5 Amusement and recreation services operated indoors
2.6 Drive-in motion picture theaters
2.7 Local and suburbantransit and interurban highway passenger transportation
2_$ Outdoor ad services
2.4 Automobile recovery service
2.10 Automotive repair; services and parking
2.11 Automobile repossession service
2.12 Pr=oduct sterilization service
2.13 Repossession service
2.14 Automotive repair, services and parking
2.15 Building materials, hardware, garden supply, mobile holhe dealers and retail
nurseries, provided that this proffer does not exclude from the Property warehouse
facilities that stone and distribute goods associated with. these uses.
2.16 Food stores or groceries.
3. Transportation . Mitigation,
3.1, At the entrance to the Propeiiy, the Applicant will construct entr2.nce
improvements consistent with Virginia Department of Transportation ('VD't3T)
requirements.
SPG Properties
Proffer Statement
Page 3 of 7
3.2. There shall be no more'tharn one entrance to the Property. The first such entrance
shall be constructed :Tong Route I 1 in rhe general location identified on the GDP
as. t_hP "Initial Entrance," which shall be separated at least 700' from the
intersection of Branson. Spring Road. and Route 11, unless otherwise approved by
Frederick County and VDOT.
3.3. The Initial Entrance shall be closed by the Applicant, at its expense, within thirty
(30} days after all of the follo-iving conditions have been met: i) an entrance to the
Property has been constructed by others in the general location identified on the
GDP as "Future Entrance" and ii) a right turn and deceleration lane meeting
NTDOT requirements has been constructed by others into the Future Entrance.
The Applicant shall grant any necessary construction, grading and access
casements over the Property necessary fUr the construction of the Future Entrance
and an.associated right turn lane into such Entrance, provided that the Applicant
expressly approves of the p_larrs for improvements. associated with the Future
Entrance, such approval not to be unreasonably withheld.
3.4. At such time as the Future Entrance is constructed as provided herein, the
Applicant shall close the Initial Entrance and shall pay fifty (50) percent of the
total audited costs incurred in constructing the Future Entrance to VDOT
standards, which may include signalization thereof, such payment not to exceed
,5125,000.00. The "not to exceed" value of $125,000.00 is subject to the Escalator
Clause set forth belo-xv and represents the AppIicant's estimate of fifty (50)
percent of the total costs of replacing the Initial Entrance and constructing a right
turn lane deceleration lane and traffic signal at the Future Entrance's intersection
sifitli Route 11. The payment required by this Proffer 3.4 shall be used exclusively
for costs associated with improvements. necessary for the issuance of a VDOT
entrance permit for the Future Entrance and shall be made to the party designated
by the Zoning Administrator for the construction of the Future Entrance upon
written dernand of the Zoning Administrator and within thirty (30) days after the
following conditions have been met: i) the Future Entrance is opened for public
use, though not accepted into the State System of Secondary Highways, and i.i)
the part, responsible therefor provides the Zoning Administrator satisfactory
proof of its audited costs.
3.5_ The Applicant shall grant an access easement over the Property to and for the
benefit of the adjoining parcel to the north of the Property to accommodate access
to the Future Entrance.
3.6. Tile Applicant shall enter into -a signalization agreement for the Initial Entrance
with VDOT as a condition of final site plan approval.
.The Applicarkt shall dedicate right-of-way along the Property's Route 11 frontage
that is ten (10) feet -wide fiom the existing edge of right-of-way. Such dedication
shall be made prior to the approval of the first site plan for development of the
Property. The Applicant shall constlucf a ten (10) foot wide asphalt trail outside
BPG Properties
Proffer St.atenZent
Page 4 of 7
of but adjacent to said right: -Of -way, and dedicate an easement to the County for
public purposes for such trail, drainage. and grading improver cats upon written
reqq�lwst by the Courity. The maintenance of the asphalt trial shall be the
responsibility of the owner of the Property or a property o-,vner's association
created for such purpose, unless and until the'Coun:ty affirmatively assutnes
r'u�wa era
maintenance of �drl in writing.
a.8. The Applicant ��vi11 contribute to Frederzci- County the starxl of Five Hundred Fifty
Thousand and 0.01100 Dollars ($550,000:00) to be used for inaproveinciltsin the
Route 1I north corridor, paymant to be made at the time of issuance of the fffst
building permit for a use on the Properly. Such finds maybe used ley the Board
in its discretion for transportation 11-11provements.
4, ire and Rescue.
The Applicant shall contribute the sum of Ten Thousand Dollars ($10,000.00) to
Frederick County .at the tunic. of issuance of the first building permit for the Property, for use by
the Board in its discretion, for fire and rescue purposes.
Site landsca in
5.1. The Applicant shall provide a landscape strip within the area between the asphalt
trail identified in Proffer 3.7 and the parking area identified on the GDP that is a
minimun, of ten (10) feet in ��,idth (the "Route 11 Buffer")., The Route 11 Buffer
shall be comprised of three street trees (per Zoning Ordinance §165-36.B.1, or
equivalent) per one hundred linear feet;: and twenty-five shrubs per one hundred
linear feet. These plantings shall be in addition to those .required by the County's
buffering and screening requirements. If no berm or hedgerow along rhe Route
11 frontage is othenvise'.required, the Applicant agrees to install a three foot berm
or hedgorow along the Route 11 frontage Avithin the Route I 1 Buffer.
5.2 The Applicant shall plant street trees (per Zoning. Ordinance § ),65-36.B.1., or
equivalent) in the area between the rear parking area the Property's western
property line at a rate of no fearer than one tree per forty (40') linear feet.
6. Architectural:
Facing materials of buildings facing Route I I and Interstate 81 shall be primarily of
concrete masonry unit, brick, architectural block; Dryvit or other simulated stucco, or real or
simulated wood or glass.
Site development requirements.
7.1. All utilities will be underground.
7.2. Storniwater nlanageinent facilities will be, maintained by the Applicant.
BPG Properties
Proffer Statement
Page .5 of
7.3. Prior to the issuance of an occupancy permuit for a building on the Property, the
Applicant shall construct a split rail fence no more than five feet in height along.
the Property's Route 7.1 frontage in a location to be determined bythe Applicant
in consultation Yaith the County.
8. Deed,
The Applicant proffers and agrees that, any deed conveying the Property shall affix as :an
attach-racnt and incorporation into said deed, a full copy of these proffers in order to fully advise
any subsequent purchaser of these proffered tcims and conditions.
>, Dedication of Right-of-Wyyt ffor Branscii Spring Road Extension.
Upon VDOT's approval of a functional plan for the extension of Branson Spring Road
through the Property in a location generally consistent with the current termination point of that
Road and parallel to the northern property line of the Property (the `Branson Spring Road
Extension"), the Applicant shall, upon written request fiom the County or VDOT, dedicate ° not
ntore than 100 feet of light-of-ivay from that property line to the County at no cost. No
additional landscaping, buffe ing or setbacks shall be required, of the Applicant as a consequence
of such dedication._
10. Escalator.
In the event the monetary contributions set forth in the Proffer Statement are paid to
Frederick County ;within eighteen (18) months of the approval of this rezoning, as applied for by
the Applicant, said contributions shall be in the amounts as stated herein. Any monetary
contributions set forth in this Proffer Statement which are paid to the County after eighteen (18)
months folloNving the approval of this rezoning shall be adjusted in accordance with the Urban
Consumer Price index (°CPI -U") published by the United States Department of Labor, such that
at the time contributions are paid they shall be adjusted by the percentage change_ in the CPI -U
from that date eighteen (18) months after the approval of this rezoning to the most recently
available CPI -U to the date the contributions are paid, subject to a cap of 6 percent (6%) per
year, noncompounded..
[SIGNATURES AND NOTARIES APPEAR ON FOLLOWING PAGES]
BPG Properties
Proffer SLaternent
Page C of 7
BPG PROPERTIES, LTD.
By: BPG-GP. LLC, its General Partner
1 �
By:
Name: Daiuel 1M. DiLella, Jr.
Its: Vice President
STATE OF
COL11\T Y/E-f1-T O \�kAadn,, JC ; To -wit:
T11e foregoing instrument Avas acIcnowled�ed before nic ills fy- of
2008, by Daniel M. DiLella, Jr., as Vice President of
BP -GP, LLC, General Partner of BPG Properties, Ltd.
f
(L"
, 2 . 6 �,_! 4 V L-1--, -
NOTARY PUBLIC
?dl,r coanznission expires:
Registration Nuinber: '13899D
tSIGNTATLIRE AND NOTARY APPEkR ON FOLLOWING PAGE]
DPG Properties
Proffer Statement
Page 7 of 7
EST,kTE OF ROY IZILEY BOYCE, JR.
Name: Kay I�'1. Bo_ ce
Title: EXecutor
e—)11 t
j�a�r �L'��r3e B yG� t
ST,kTE Or _- P, e-, v
Gig TT-Y/CITY0- F L!r.tj�, /4c_5-rc: , To -wit:
Ire
The fore01110 Instrument was acknowledged before me this da�� of
?,CA, , 2QOb, by Kay I��1. Boyce as Executor of the Estate of Roy
Riley Boyce, Jr,
NOTARY PUBLIC
-X� LORETi A M. WILS0
Rly commission expires: Lt 2-, v 5° ; v i" , £pis kNotary PU; ,ic
Commonwealth of Virginia
Reg. #863036
Registration Number: 3 My Cbmmssior Ezps. Aug. 3f., 2aas
AMENDMENT
Actioll:
PLANINi?NG COMIMISSION' September 17, 2008 - Recommended Approval
BOARD OF SUPERNUSORS: Septerraber24, 2008 APPROVED U DEINTIED
AN ORDINANCE AM-EhTDII\\tG
THE ZONT,.G DISTRICT MAP
REZONINTG 905-08 OF BPG PROPERTIES, LTDA-8I DISTRIBUTION CENTER
WHEREAS, Rezoning 905-08 of,BFG Properties, LTW/1-81 Distribution Center-, submitted by BPG
Properties, Ltd.., to rezone 59 acres from RA (Rural tineas) District to B3 (Business., Industrial Transition)
District, )with. proffers last dated September 17, 2008, for Office and Warehouse -Uses «vas considered. The
properties are -located approximately 0.61 miles north of the Route 11 iirtersection with Cedar Pull Road
(Route 671), bounded ou the -west by Interstate 81 and.on the east by Martinsburg Pike (Route 11.) in the
Stonewall Magisterial, District and are identifiedby Property ldentifieation Niurnbers 3-3-A-1.09 and 33-A-
110, in the Stonewall I�vlagisterial District.
.14—EREAS, the Plair:ing Commission held a public hearing on this rezoning on August 6, 2008, and
a public meeting on September 17, 2008; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 24,2-008;
and.
WHERRAS,.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 Count), Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
change 59 acres froth RA (Rural Areas) District to B3 (Business, Industrial Trausition) District for
Office and Warehouse uses; sul iect to the attached conditions voluntarily proffered in writing by the
applicant and the property owner.
PDRes. J27-08
Tills ordinance shall be in effect on the date of adoption.
Passed this 24th day of Septe-tuber, 2008 by the follo,�vialg recorded Mote:
Richard C. Shickle, Chainhan
Gary W. Dove
Gene E. Fisher
Philip A. Lemieux
PDRes. 421-08
Aye Gary A_ Lofton
Aye Bill M. Ewing
e Charles S. Del=Tavcm, Jr -
Ayre
A COPY ATTEST
ACTe
Aye,
Aye
f�
t
John R. RiJeys, Jr. r
Frederic Count , Administrator
Frederick County, Vu ginia
Master Development Plan Application Package
APPLICATION
MASTER DEVELOPMENT PLAN
Depm-tment of plaiming and De%,elopment 0se Only
We application received ��� � Application #
Complete. Dain of acceptance_
Incomplete. Date of return
1. Project Title: 1-81 Distribution Center
2. Owner's Name: Frederick County Investors LLC
770 Township Line Road, Suite 150
—YardleL PA 19067
(215) 575-2436
(Please list the names of all owners or parties in interest)
3. Applicant: _Frederick County Investors, LLC
Address: 770 Township Line Road Suite 150
Yardley, PA 19067
Phone Number: (215) 575-2436
4. Design Company:
Address: Triad Engineering, Inc.
_ 200 Aviation Dr.
Winchester, VA 22602
Phone Number: (540) 667-9300
Contact Name: Dennie Dunlap, PE
Frederick County, Virginia Master Development Plan Application Package
APPLICATION cont'd
MASTER DEVELOPMENT PLAN
5. Location of Property: Approximately .61 +/- miles north of Route 11
intersection with state Route 671 (Cedar Hill). Bounded
on the West by I-81 and on the east by
Route 11 (Martinsburg Pike
6. Total Acreage: 59.077
7. Property Information:
a) Property Identification Number (PIN): 33-A-109 110
b) Current Zoning: RA
c) Present Use: Agriculture with existing Residence
d) Proposed Uses: Warehousing
Office
e) Adjoining Property Information:
Property Identification Numbers
Property Uses
North
33-A-108
_Agricultural/Residential
South
33 -A -112,33-A-111
Agricultural/Residential
East
33-A-87, 33 -A -87B,33 -A -105B
Agricultural/Residential
West
33-12-24, 33-A86A, 33-A86B
Agricultural/Residential
f) Magisterial District: _Stonewall
8. Is this an original or amended Master Development Pian?
Original _X_ Amended
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.
Z)
0�u
Signature:
Date:
JZ ►z �08
Frederick County, Virginia Master Development Plan Application Package
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 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 I st floor of the Frederick County
Administration Building, 107 North Dent Street.
NAME
ADDRESS / PROPERTY NUMBER
Name
Donald S. Cline
4123 Martinsburg Pike
Clearbrook, VA 22624
Property # 33-A-108
Fairfield Farm of Frederick Co. LLC
2897 Martinsburg Pike
Stephenson, VA 22656
33-A-112
Kay B Boyce
PO Box o`7
Clearbrook, VA 22624
33 -A -86A
Kay B Boyce
PO Box 67
Clearbrook, VA 22624
33 -A -86B
Fairfield Farm of Frederick Co. LLC
2897 Martinsburg Pike
Stephenson, VA 22656
33-12-24
David C. Cook
4030 Martinsburg Pike
Clearbrook, VA 22624
33 -A -87B
Glen E & Judy S Russell
2619 Woodside Rd.
Clearbrook, VA 22624
33-A-87
Martinsburg Pike Associates, LLC
4150 Martinsburg Pike
Clearbrook, VA
33 -A -105B
Frederick County, Virginia Master Development Plan Application Package
PO Box 174
Name Clearbrook, VA 22624
David Lee Bragg
Property # 3 3 -A-111
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: wAv`v.eo.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Facsimile 540-665-6395 Phone 540-665-5651
Know All Men By Those Present: That 1(We)
(Name) rg2Gbc1(_t( Y l,\iv i (?SSI `. -� (Phone)'S
(Address) i J t tuif.,_(_4-tiP WN6 1L7" S,t Jr 1SCS 1,� �_nt {PA
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. M,013305 on Page ` - ! , and is described as �3 A - 1109
frA 33 -A- I I0
z iUA
Parcel: J Lot: rrc Block: A Section: Subdivision:
do hereby make, constitute and appoint:
(Name) I r -1A L��C I,v� itis r �� iG _ (Phone) `� L1Q- («, - ` �oo
(Address) eve TiO,v ��t� i V�tevct�CSit✓� �l`t c2P � 61,�?
To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power
and authority I (eve) would have if acting personally to file planning applications for my (our) above
described Property, including:
Rezoning (including proffers)
Conditional Use Permit
t/ Master Development Plan (Preliminary and Final)
_V Subdivision
Site Plan
Variance or Appeal
Comprehensive Policy Plan Amendment
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.
Ili witness thereof, I (we) have hereto set my (our) hand and seal this day of200—L,
S ignature(s) 34 .
State of Virgirria, City/County of Ja i )ack'h h i 8 , To -wit:
I, rnaru C `d j rykr-- a Notary Public in and for the jurisdiction
aforesaid, certify that the person(s) who signed to the foregoing instrument perjonally qppeared befor me
and has acknowledged the same before me in the jurisdiction aforesaid this i Wflay of, 200.
R�Y�F LAN QF PENr:NOTARIAL SEAt �Y
J My Commission Expi Lv,wNlA�
Notary PuW is MARY E. ROBINSON, Notary Public
Revised 3/17/08 City of Philadelphia, Phila. County
My Commission Expires April 26, 2011
PROJECT SUMMARY
TOTAL AREA: 59.0770 AC.3
EXISTING ZONING: B3
EXISTING USE: AGRICULTURAL W/EX. RESIDENCE
PROPOSED USE: WAREHOUSE/DISTRIBUTION
MAGISTERIAL DISTRICT STONEWALL
TAX ID NO: 33-A-109 18.9306 ACRES
33-A-110 40.1464 ACRES
ALL PROPOSED UTILITIES ARE TO BE CONSTRUCTED UNDERGROUND.
SANITARY SEWER AND WATER SERVICE ARE AVAILABLE PER FCSA.
ENVIRONMENTAL FEATURES
Property Line
9-WJ9-WJ07W6 ®_W4D-Wjo-WID-W
1 Street Tree for every
40 linear feet.
Split rail fence (mox. ht. of 5')
4 street trees and 26 shrubs (36' ht. at time
of planting) per 100 linear feet (see notes)
'10tTTRAIL --- -----_ -°
Right -of -Way Line
Property Line ----------------
6' High Berm
3 Plantser 10 Linear Feet,
4' Tall, 1/p3 Deciduous, 2/3 Evergreen,
10' On Centers
H
REZONING: RZ 1107-07 RA to B-3 (Industrial Transition)
PROPERTY: ±69 Acres, Tax Map Parcel No.'s 33-A-110; 33-A-109
RECORD OWNER: Estate of Roy Riley Boyce, Jr. and Kay Marie Boyce
APPLICANT: BPG Properties, Ltd. and/or its assigns
PROJECT NAME: 1-81 Distribution Center
PROFFER DATE: June 19, 2008
REVISION DATE: July 3, 2008
REVISION DATE: July 21, 2008
REVISION DATE: August 25, 2008
REVISION DATE: September 17, 2008
Notes: i
1. The additional 1 street tree and 1 shNb err IDD IlneOr / s The undersigned hereby proffers that the use and development of the subject property (•Property), as described above, shall
P be in strict conformance with the following conditions, which shall supenrade all other proffers that may have been made prior
feet is proposed in addition to the proffered landscape hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant (•Applicant"), these
b ff r This additional landsca in rovides a zonin r proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the
VVIAD
TRIAD ENGINEERING, INC
FLOODPLAINS 0.00
LAKES & PONDS 0.00
NATURAL RETENTION AREA 0.00
STEEP SLOPES(+25%) 0.00
WETLANDS 0.00
Business and Industrial
0.00
0.00
0.00
0.00
0.00
Zonin
0.00
0.00
0.00
0.00
0.00
Fe Districts
O%
0%
0%
0%
0%
B-3
0.00
0.00
0.00
0.00
0.00
PROFFERED LANDSCAPE SCREEN
ALONG WESTERN PROPERTY LINE
NOT TO SCALE
u e . p g p g
district buffer along the Rte. it corridor.
2. The proposed shrubbery, to be a minimum of 36" at
time of planting, satisfies the hedgerow/berm screenin
P 99
requirements of proffer 5.1.
PROFFERED BUFFER DETAIL
m
_ - -
- - - - - - - - - - - - - - - - - - -
Property To Be Developed
CATEGORY "C" ZONING
DISTRICT BUFFER
0.291
MINIMUM LANDSCAPED AREA PERCENTAGE OF LOT AR
s
r
w
z v •
�' '
,a
Property with 'final rezoning' defined as that rezoning which Is in effect on the day following the last day upon wh(ch the
Frederick County Board of Supervisors' (the •Boardl decision granting the rezoning may be contested in the appropriate court.
The headings of the proffers set forth below have been prepared for convenience of 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 heroin
shall include within its meaning all present and future owners and sucnce with t in interest.
The development of the Property shall be in general conformance with the plan entitled "BPG Properties, Ltd., Frederick
County, Virginia, Generalized Development Plan' dated June 19, 2008, (the "GDP), subject to reasonable changes approved by the
County in connection with Master Development Plan and Final Site Plan review, including revisions required for final engineering
considerations, code and regulatory compliance, and revisions to parking layout and the location of strocturos to accommodate the
potential for multiple buildings on the Property.
The Applicant hereby preffers the following:
PROFFER 1.3, THE APPLICANT SHALL EMPLOY THE YARD AND SETBACK REQUIREMENTS FOR USES AS PROVIDED
-OF-WAY ® IRF
2.14
Automotive repair, services and parking
one building or within multiple buildings on the Property.
ALONG US ROUTE 11
Dimensional
and Intensit Requirements
Intensity
�,
REQUIREMENTS
PROVIDED
NOT TO SCALE
4. Stormwater management will be handled with the use
NOT TO
SCALE
DEPARTMENT OF PUBLIC WORKS NOTES:
�.
1. I and Use Reatriclione,
I t The Pro art shall be developed with not more than seven hundred fatly thousand (750.000) square feet of permitted
-n-ss-n-n- EX.ITARY
1.2.
Office uses may be employed on the Property only as accessory uses and shall be
located entirely within the structure(s)
m
basins in order to meet DCR storrnwater quantity and
quality requirements. Geomembrane pond liners, ---------
D SETBACK ON PRIMARY OR ARTERIAL WA
Engineering, Inc., doted August 17, 2007.
FRONT YARD SETBACK ON COLLECTOR OR MINOR STREETS:
N/A
SIDE YARD SETBACKS:
126.5 Fr.
REAR YARD SETBACKS: FT
271.43 Fr.
FLOOR AREA TO LOT AREA RATIO (FAR): 1.0
0.291
MINIMUM LANDSCAPED AREA PERCENTAGE OF LOT AR
42%(±)
MAXIMUM 4
with an asbestos Inspection an and ysl5, a resu s
Engineering, Inc., doted August 17, 2007.
ass EX.
OH LINESPER
uses, as those uses are modified hereby, which 750,000 square feet and permitted
uses shall be located entirety within
as SIC 4755
PROFFER 1.3, THE APPLICANT SHALL EMPLOY THE YARD AND SETBACK REQUIREMENTS FOR USES AS PROVIDED
-OF-WAY ® IRF
2.14
Automotive repair, services and parking
one building or within multiple buildings on the Property.
2.3 Automotive Declareand Gasoline
Service Stallone and all Uses Classified as SIC
Ser ce Sta io
4. Stormwater management will be handled with the use
of retention basins and/or extended detention
DEPARTMENT OF PUBLIC WORKS NOTES:
2. Building structures are not permitted within the Dominion Virginia Power easement.
All plantings
-n-ss-n-n- EX.ITARY
1.2.
Office uses may be employed on the Property only as accessory uses and shall be
located entirely within the structure(s)
m
basins in order to meet DCR storrnwater quantity and
quality requirements. Geomembrane pond liners, ---------
EASEMENT
2.16
exclude from the Property warehouse focalities that store and distribute goods associated with these uses.
Food stores or groceries.
y
for the primary use(s). In no event shall them be stand-alone office buildings on
the Property.
oil separators, and/or manufactured filter BMPs may
be implemented in order to supplement the sites
1. The site, in general, is located in a karst terrain region with several rock outcroppings
which
VICINITY MAP
1.3.
The Applicant shall employ the yard and setback requirements for use: as provided
in the Mi District, rather than those
may require blasting during construction, primarily for utility installation
and stormwater
management
LEGEND: i" = 2000
3. Tmnsoortation
otherwise applicable to the B3 District.
areas. However, blasting will be restricted within the Dominion Virginia
Power easement.
No
2, Proffered
-Out Uses. The following uses shall not be permitted on the Property.
2.7 Local and suburban transit and
sinkholes were located within the building footprint per the Geotechnical
Report by Triad
SYMBOLS
2.1
Transportation By Air and all Uses Classified as SIC 45
with an asbestos Inspection an and ysl5, a resu s
Engineering, Inc., doted August 17, 2007.
ass EX.
OH LINESPER
Repossession service
2.2 Transportation Services, ane all
as SIC 4755
PROFFER 1.3, THE APPLICANT SHALL EMPLOY THE YARD AND SETBACK REQUIREMENTS FOR USES AS PROVIDED
-OF-WAY ® IRF
2.14
Automotive repair, services and parking
2.3 Automotive Declareand Gasoline
Service Stallone and all Uses Classified as SIC
Ser ce Sta io
4. Stormwater management will be handled with the use
of retention basins and/or extended detention
IN THE M1 DISTRICT, RATHER THAN THOSE OTHERWISE APPLICABLE TO THE 63 DISTRICT.
2. Building structures are not permitted within the Dominion Virginia Power easement.
All plantings
-n-ss-n-n- EX.ITARY
;LECTRIC
LINE
`* ELECTRIC POLE
to
2.4 Restaurant, except food services as may ed provided to service employees on site
cept
2.5 Amusement indoors
m
basins in order to meet DCR storrnwater quantity and
quality requirements. Geomembrane pond liners, ---------
EASEMENT
2.16
exclude from the Property warehouse focalities that store and distribute goods associated with these uses.
Food stores or groceries.
y
and recreation services
operated
oil separators, and/or manufactured filter BMPs may
be implemented in order to supplement the sites
and proposed lighting within the power easement are subject to review and approval
of Dominion
-. -. EX,
FENCE
- SIGN
2.6 Drive-in motion picture theaters
capability to meet stormwoter quality requirements.
- -"-
- - '- '- SETEACK
LINES
3. Tmnsoortation
Mitigation,
THE PROJECT MAY INCLUDE A SINGLE BUILDING UP TO 750,000 SQ. FT. OR A COMBINATION OF PERMITTED BUILDINGS
Virginia Power.
2.7 Local and suburban transit and
Interurban highway passenger transportation
3.1.
At the entrance to the Property, the Applicant will construct entrance Improvements consistent with Virginia Department of
AND USES TOTALING UP TO 750,000 SQ. Fi.
_ _ _ _ _ _ _ --- BOUNDARY
I
• FENCE POST
2.8 Outdoor ad services
requirements.
Transportation (VDOT) req
a
3. All existing buildings on-site shall be demolished during this project's development or construction.
2.9 Automobile recovery service
2.10 Automotive repair, services and
parking
THE LOCATION OF THE INTER -PARCEL CONNECTION CONFORMS WITH VDOT ENTRANCE REQUIREMENTS. LOCATION
A demolition permit will be required, and oil demolition activities shall be monitored
and coordinated
__________ AD,j
INERS
® IRS
2.11 Automobile repossession service
OF THIS CONNECTION IS SUBJECT TO CHANGE ONCE FUTURE ENTRANCE IS DESIGNED AND CONSTRUCTED.
A I ' th it f h' h hall m n thedemolition
ermit
2.12 Product sterilization service
with an asbestos Inspection an and ysl5, a resu s
o w IC s a acc0 pa y I 1 p
2.13
Repossession service
RIG
-OF-WAY ® IRF
2.14
Automotive repair, services and parking
4. Stormwater management will be handled with the use
of retention basins and/or extended detention
2.15
Building materials, hardware, garden supply, mobile home dealers and retail nurseries, provided that this proffer does not
basins in order to meet DCR storrnwater quantity and
quality requirements. Geomembrane pond liners, ---------
EASEMENT
2.16
exclude from the Property warehouse focalities that store and distribute goods associated with these uses.
Food stores or groceries.
y
oil separators, and/or manufactured filter BMPs may
be implemented in order to supplement the sites
85
capability to meet stormwoter quality requirements.
- -"-
- - '- '- SETEACK
LINES
3. Tmnsoortation
Mitigation,
3.1.
At the entrance to the Property, the Applicant will construct entrance Improvements consistent with Virginia Department of
I
requirements.
Transportation (VDOT) req
a
r
3.2. There shall be no more than one entrance to the Property. The first such entrance shall be constructed along Route 11
FAIRFIELD FARM OF FREDERICK CO. LLC 33-A-868 33 -A -86A 1 FAIRFI LD FARM OF in the general location identified on the GDP as the 'Initial Entrance; which shall be separated at least 700'from the
I KAY B. BOYCE KAY B. BOYCE I i
33-A-112 � FREDERICK CO. INC intersection of Branson Spring Road and Route 17, unless otherwise approved by Frederick County and VDOT.
ZONING: RA
ZONING: RA I 33-12-24
1 I / DAVID K. & BRENDA S. GRA) 3.3. The Initial Entrance shall be closed by the Applicant, at its expense, within thirty (30) days after all of the following
ZONING: RA I ,
USE: RESIDENTIAL USE: RESIDENTIAL USE: RESIDENTIAL I , ZONING: RA 33-A-88 conditions have been met: i) an entrance to the Property has been constructed by others in the general location
USE: RESIDENTIAL ZONING: RA Identified on the GDP as 'Future Entronce'and ii) a right tum and deceleration lane meeting VDOT requirements hoe been
USE: RESIDENTIAL constructed by athero into the Future Entrance. The Applicant shall grant any necessary construction, grading and
access easements over the Property necessary for the construction of the Futuro Entrance and on associated right turn
p i lane Into such Entrance, provided that the Applicant expresslyapproves of the plans for Improvements associated with
I Fi the Future Entrance• such approval not to be unreasonably withheld.
I _____________ 3.4. At such time as the Future Entrance is constructed as provided heroin, the Applicant shall close the Initial Entrance and
CURVE I DELTA ANGLE 1 ARC LENGTH RADIUS TANGENT CHORD DIRECTION CHORD LENGTH
C7 OT03'33" 701.03 5690.001350.9611513138",
350.961513.38'12"W 700.59
C2 02'52'17" 285.15 5690.00 142.60 SI8.36'07"W 1285.12
`--------------- i shall pay fifty (50) percent of the total audited costs incurred in constructing the Future Entrance to VDOT standards,
which may include signalization thereof, such payment not to exceed $125,000.00. The "not to exceed'volue of - _
PSE I $125,000.00 Is subject to the Escalator Clause set forth below and represents the Applicants estimate of fifty (50)
I percent of the total costa of replacing the Initial Entrance and constructing a right tum lane deceleration lane and traffic N
S signal at the Future Entrance's Intersection with Route 11. The payment required by this Proffer 3.4 shall be used
I , exclusively for costs associated with improvements necessary for the issuance of a VDOT entrance permit for the Future 8
''' ��` fff��� - - I - - _ - _ - - - - - - _ _ - _ _ - _ - _ - _ - _ - - - _ _ - _ _ Entrance and shall be made to the party designated by the Zoning Administrator for the construction of the Future I
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - \�-�-F-c - +++ Entrance upon written demand of the Zoning Administrator and within thirty (30) days after the following conditions have ssegppp o
��Ft6 \V ` R( DOMINION VIRGINIA been met: 1) the Future Entrance is opened for public use, though not accepted into the State System of Secondary N I
NO r >, Highways, and ii) the party responsible therefore provides the Zoning Administrator satisfactory proof of Its audited coats. I g
ee POWER R/W N28*12 06 W 3.5. The Applicant shall grant an access easement over the Property to and for the benefit of the adjoining parcel to the N0
r
Ti 308/ 47 north of the Property to accommodate access to the Future Entrance. I c d
1-81 (R/W VARIES) �\O I 2164.80 3.6. The Applicant sholl enter into a signalizatton agreement for the Initial Entrance with VDOT as a condition of final site plan 8 m c
approval. Y+
G TO SET STONE FND. 3.7. The Applicant shall dedicate right-of-way along the Property's Route 11 frontage that is ten (10) feet wide from the v a mq
existing edge of right-of-way. Such dedication shall be made prior to the approval of the first site plan for 1 a i a ITi
---------- - - -C/L N.B.L.-------------------------_-_-_-_-_- _-_-_-_ _ _-�_-_ development of the Property. The Applicant shall construct a ten (10) foot wide asphalt trail outside of but adjacent
_ L
for h trail, drainage and radars
_ _ _ _ _ c-__-__- _ _�-- - ---T- _ f th
- - - - - - _ - - - - - - - _ _ - _ / -__ _ _ - -
o said right-of-way, andedicate an ease
�- _ - - - - - - - - _ - _ - - �------- - _ - - _ _ _ _ _ improvements upon written request by the County. The maintenance of the asphalt trial shall be the rosponeibility o e
- - \ '� \^ -= c - - - - _ _
affirmativelyowner of eamum assumes mainteor a nancertof the troll ownees Ino wlritling, on created for such purpose, anises and until the County q $ q
\ \ \ \ �. r ( r _ _ ( - _ _ \ _ _ / - - 3.8. The Applicant will contribute to Frederick County the sum of Five Hundred Fifty Thousand and 00/100 Dollars 5� I an 5� It
\ ) N 19e 5�5\ 51 E 2156.97-� I -[i L ) - - _ I I ^' --L J/' I \ J / I ($550,000.00) to be used for improvements in the Route 11 north corridor, payment to be made at the time of •p o
----------- / �� issuance of the first building permit for a use on the Property. Such funds may be used by the Board in Its discretion 8 U
for transportation improvementa.
�e. .. .. .. .. .. ..1
ACX'� �9-1fi / ) C � .I. . � . \. �'�� � _ � n ---- 4. Fre and Rescue.
F-4 I j (,�( the first building permit for the Property, for use by the Board In Its discretion, for fire and rescue purposes. - \ � rw The Applicant shall contribute the sum of Ten Thousand Dolloro ($10,000.00) to Fretlerfck County at the time of ieauance of o
___"�--------- . -((j�I I _ -_ �ITOWER / \ - \ / 5. Site The Aa lica.
LANDSCAPES RE€14 ALONG � � J / - \ - _ � - _ - - � - - - _ \\`�-�\�� PRCX109 I �� \ j \ � \-- / 5.1. The Applicant shall provide a landscape strip within the area between the asphalt troll identified in Proffer 3.7 and the Z_____ �^ - t arkin area identified on the GDP that ie a minimum of ten 10 feet in width the 'Route 11 Buffer' The Route 11I IWESTERN PROPERyI'LINE \ ) j --Z�y ^� -18" AC(> /' - 1 L,P 9 ( ) ( )• �, / \I\ --i _ _ /_ \ Buffer shall be comprised of three street trees (per Zoning Ordinance 4165-36.B.1, or equivalent) per one hundred linearta
I I)(PROFFER 5)TRAILER PAkKING_ , \ __-_-/�feet, and twenty-five shrubs per one hundred linear feet. These plantings shall be in addition to those required by the � R 8a��\%� - _ _ _ _ - I ` _ _ -f �r _ 1 J ^ County's buffering and screening requirements. If no berm or hedgerow along the Route 11 frontage is otherwise V N` _ - - _ / \ required, the Applicant agrees to Install a throe foot berm or hedgerow along the Route 11 frontage within the Route 11 or
Buffer.m�'I I_`-5.2 The Applicant sholl plant street trees (per Zoning Ordinance 4165-36.8.1, or equivalent) in the area between the roarM arkin area the Pro s western per forty (40') linear feet. I Ip g party' property line at a rote of no fewer than one tree �_^J �c�.,(`i l / 1 I 11 - I_ (-_- \ DZD I I >_J/I\/--sr\6. Architectural.WZ o\ / I 1 y \ \ - Facing materials of buildings facing Route 11 and Interstate 81 shall be primarily of concrete masonry unit, brick, W 0 g tz _0) \ \ _ architectural block, Dryvit or other simulated stucco, or real or simulated wood or glass. F > z a�Ol: NIS-)��c t \C' -t \/\I -_!N l \\ 1\ 7. Ste development reouiremente.> I Ufl�r --.i - J C j .r ` ) O�� �'` / \ 7.1. All utilities will be underground. wt
Z. J r \ ) t- / V erg 7.2. Stormwater mono ement facilitiae will be maintained b the cant. n li 'D. _ \ _/ I / / , % g y. App' wo. 33 tasf D'1 ( - \ - _ - / / ` v , _ \ / / / / y i _ Z \ ` _ _ /r,- 7.3. Prior to the iasuonce of an occupancy permit for a bwlding on the Property, the Applicant shall construct a split roil ZN = oCil 9I _ ( -. - / \ l ^ - - ) r I \ - r - I I \A - - - - _ - _ i - fence no mora than five feet in height along the Property's Route 11 frontage to a location to be determined by the L U I _1: iii -i \-�\/lII -)/ -i /Applicant in consultation with the County. W ZS <I t ------- 1 ,/ Z I \ f 1 /'\ / -\\l -�\ _ /I T_ v/ /, Sa m ( / -�v �/ \-----__ J: v t1T�-e. Deed W' / J - itA 3� ((i�}� _ / / l / ^ _ / <7J 1 \ , The Applicant proffere and agrees that any dead conveying the Property shall affix as an attachment and incorporation into
ICI c� � � \ - J I jy / / L M
: C1 /--''�'""_\ _ PRCL 110 - tee. r / / ) - -./ \ D ^0 / II / I ZV\- i , - acid deed, a full copy of these proffers in order to fully advise any subsequent purchaser of these proffered terms and Q IF -n /' �- l I / ( ( r`, 7 D : (") N ` / conditions.)T11m1) / 40.14,64• -AC.* -- / \_ �� _ ( 10 1> -i .+. o I J
1- 1 31;/ / \ \ 1 W / ra- 9. Dedication of RjgbL-af_Wgy far Bmneon $pang Road Extension.
I< i C V ` Upon VDO7s approval of a functional plan for the extension of Branson Spring Road through the Property in a location
.m < T r a ( _ _ _ ` generally consistent with the current termination point of that Road and parallel to the northern property line of the Property 2
EXISTING STRUCTURI�� I \ T \ D / Ira T " �) / \ (the 'Branson Spring Road Extension"), the Applicant shall, upon written request from the County or VDOT, dedicate not more o
Z � I
37 / \ �\ I j / C Ira m - _ / \ than 100 feet of right-of-way from that property line to the County at no cost. No additional landscaping, buffering or a
rn / / - ^ \ \ i \ \ C / / 'T :C r - _ _ / / \ setbacks shall be required of the Applicant fie o consequence of each dedication.
\ \ \ / 1t TO BE REMOVE I /
IRFIELD FARM OF FREDERICK CO. LLC m I d ��- \\ \ \ / \ \
33-A-1 12 Z ) : 9 � \ \ -H r _ -
ZONING: RA l \� - _� __> > 1-12Eip�D$ED BWILDING(S \ / -1 I , / m 'z :m c \,/- - 10. Escalator.
- \ \ I \ \ _ _ _ / ( / y, , ) y -y Wim' 1 I 137 r \ \ In the event the monetary contributions set forth in the Proffer Statement aro paid to Frederick County within eighteen (18)
USE: RESIDENTIAL \ ( \ i ) I \ \ \ t 1 \ ^/ / \ I $WMB ' \ D V / DONALD S. CLINE ` /J months of the approval of this rezoning, as applied for by the Applicant, sold contributions shall be in the amounts as stated F,py74d 01P
I\ I \ ^ / / \ \ it \ 1 / - {,�,'0 ` T 33-A-'108 / herein. Any monetary contributions set forth in this Proffer Statement which aro paid to the County after eighteen (18) ^ Y
/ ) r'' -\� _-- '�^ ]0 )ZONING: liA� months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-Ul)
_ \ /> -_ / _\ \� `- \ published by the United States Deportment of Labor, such that at the time contributions are paid they shall be adjusted by ++��
L \ - / _ _ \ \ _ - - \ ` I ' D - - I- - US�`-RES DENTI t/ \ _ \ the percentage chane in the CPI -U from that date eighteen 18 months after the approval of this rezoning to the most
(\ \ I I I 37 \ P 9 9 9 () PP 9 vDSt1N1E D DIIIOAP DI
/ ` _ /----` - x I �i0i - Z recently available CPI -U to the date the contributions aro paid, subject to a cap of 6 percent (6%) per year, noncompounded. Ido. No. 035809
12 Im /08
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' S1�- --- �3s ROCK t 0 Q W IlY
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/ \�\ - MARTINSBURG PIKE ASSOCIATES LLCI OWNER OF RECORD I �
--- ---r-- y.�___ _ _� 1090 _ _---- - _ _ - _� 15" CMP BRANSON 33-A-1058 AND DEVELOPER APPROVED BY: - Z fq
_ ______ - Wit_' ZONING: M-1 0 ILL.
- - ��--- I PROPOSED i0'TRA L7 SPRING ROAD USE: BUSINESS Q
OWNER/DEVELOPER:
PROFFER 3.7 I (FIT. 668) U)
:Jim=sa�S=-i=�r-=--}�--� 1 ° INITIAL ENTRANC ' ( ) FREDERICK COUNTY INVESTORS, LLC DIRECTOR OF PLANNING AND DEVELOPMENT DATE
--_3== 8--=- (2) 12" 1 DAVID C. COOK I 770 TOWNSHIP LINE ROAD
15" CMP CMP 1 33 -A -87B 1 (PROFFER 3.2) ' SUITE 150
I ZONING: RAt I YARDLEY, PA 19067 A
LEN
--GT•. & JUDY S. RUSSEIlL
\\ c USE: RESIDENTIAL { 33-A-87 I 215-575-2436
I GLEN E. & JUDY S. RUSSELL \ - _ _ _ t ZONING: RA I Number.
33-A-87 I L USE: RESIDENTIAL I
ZONING: RA
1 USE: RESIDENTIAL
1I I I I ,00 o ,00 zoo zoo MDP
SIGNATURE DATE
sa.r.ue, "-I"' _I I Pob NO.: 07-06-007
C
MEMORANDI j 1Vl
TO: Frederick County Planning Commission
COUNTY of FREDERICK
Department of !Tanning and Development
540/665-5651
FAX: 540/665-6395
FROM: Mark R. Cheran, Zoning and Subdivision A In nistrator'�--
RE: Waiver Request — Frances M. Jankins
DATE: January 3, 2009
The Frederick County Code Chapter 144 requires that any new parcels that are created must meet the
requirements of Chapter 165 Zoning of the County of Frederick Code. This chapter addresses lot
area, minimum lot width and setbacks, and other dimensional requirements_ The applicant is seeking
an exception from the lot requirements of Section 144-31(C) (1) (b) of the County of Frederick Code
(Subdivision), lot size waiver, to enable division of a 4.5 acre parcel of land into two (2) parcels. one
parcel being 2.5 acres and the other parcel being 2 acres. The property is located 1.9 miles south of
the intersection of Round Hill Road (Rout: 803) and Singhass Road (Route 620), in. the Back C'ieek
Magisterial District and identified by Property luentifis;ation Number 51-A-98.
A recommendation fio:n the Planning Cornmission to the Boar of Superviscrs is requested.
IARC/bad
Attachments
107 forth Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Vrances Jenkins
1Navier Request
PIN: 51 -A-98
Future Rt37 Bypass Zoning
® Wavier_Frances_Jenkins CLBI (Business, Neighborhood District)
Buildings B2 (Business, General Distrist)
p Urban Ucrclopment Arca � 83(Busincss, Industrial Transition District)
SWSA 1,10 EM (Extractive Manufacturing District)
HE (Higher Education District)
�. h11 (Industrial, Light District)
0 75 150 300 Feet •
t~E 1 1 t
M2 (Industrial, General District)
40 h1111 (Mobile Hume Community District)
4M MS (Medical Support District)
Rl (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
COUNTY of FREDERICK
Department of Planning and Development
107 North Kent Street 0 Winchester, Virginia 22601-5000
Telephone: 540/665-5651 FAX: 540/665-6395
WAIVER/EXCEPTIONS REQUEST APPLICATION
1. Applicant:
Name: ; r'�tqeje5 nn. Telephone: qe X77-MQC
Address: %c� D F;- / cf
2. Property owner (if different than above):
Name:
Address:
3. Contact person (if other than above):
Telephone:
L . 5'qc, 513q--G"72C
Name: " �'r ��9 t.0 Telephone: 5--Zle -�-77,407(.
4. Waiver request details (include specific ordinance requirements to be waived):
I \ gZfP-!� R %qaQ/ _y 2
7enitfa Tc -/ q (LG7�1=��^Rt tin�n� le' i
5. Property Location: The property is located at (give exact location based on nearest road and
distance from nearest intersection, using road names and route numbers): /. % /w/ [=s
//V-reP � Sf e, 7,, c�a� c ,� C ,<'S (rAcl �i �� �a� -�L 2�-J h 1955 0 t (ypsr S" _53�>e'�s C %�f ✓
6. Parcel Identification/Location: Parcel Identification Number A - 616 -
Magisterial District: '8/MA� C, I -e -C k
7. Property zoning and current use: Zoned: N�
Current Use: Ac's / , T; L
District
8. Attachments: Adjoining Property Owners List t/ E_xistin /recorded and
Proposed Plats
OFFICE USE ONLY: Fee: $500 enclosed: -" Receipt
0 -\Land Use ApplicationsWpph"tm F.—s\waiver request form-wpd
9. List of Adjoining Properties: The following names and addresses are all of the individuals,
firms, or corporations owning property adjacent to the property for which the waiver or exception
is being sought, including properties at the sides, rear, and in front of (across street from) the subject
property. (Use additional pages if necessary.) These people will be notified by mail of this
application.
'NAME
- Paye 2 -
Address
Property ID #
j / - �� - 7g-- a
Address
Property ID #
j- _
Address
Property D3 # .51 - q Z_
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property IID #
Address
Property ID #
- Paye 2 -
0111111119mm--
NO. RAD.
620.00'
NXF KERN
N1 V EJAYLISS
BROOKS
DELTA ARC TAN CH CHD- BRG.
150 18'22 165-63'.' R.3-31' 165-13' S 110 29'40"W
N 3`30 30
3torle 4 62
nC
Pile
I r-, " t-
13. 8 416 5 Ac
( new acreage)
(D
PLA T -9HOWIJJG
LAAID OF
FRAAICES C MCFADDEA;
A N D
JOHN F S JODY DE—E- H4MYS
BACK CREEK DISTR!CT
FREDERICK COUNTY, VIRGINIA
LLJ
APPROVED
Frederick County
Planning Dept.
STATF ROUTE 6---)O(40'Wide)
BOUN DARY L I NE AT fV] E N T
!""ho"ENACH SURVEYONG
n � ::!p I
PUR
7
" J
kyc- Aug. 3 1 1989
*jCM-K: I"= 250'
31
in
LO
(D r"
Al
Lf)
Formel-v McFadden I (\j
Conveyed
0
Ta Hawse.
0
T) I �
.<` �(
CP��aG ' 420 42' .- 39” E
rl`„�.'
Lli
z
71
T:
J
Lj-
4
7 21:
(nevi acreoga)
LC)
to LLY
C\j
IPS
IPF S 49008`51"��
PLA T -9HOWIJJG
LAAID OF
FRAAICES C MCFADDEA;
A N D
JOHN F S JODY DE—E- H4MYS
BACK CREEK DISTR!CT
FREDERICK COUNTY, VIRGINIA
LLJ
APPROVED
Frederick County
Planning Dept.
STATF ROUTE 6---)O(40'Wide)
BOUN DARY L I NE AT fV] E N T
!""ho"ENACH SURVEYONG
n � ::!p I
PUR
7
" J
kyc- Aug. 3 1 1989
*jCM-K: I"= 250'
NO. RAD,
1 620.00'
NJ F CERN
N, F BAYLI S.S
NIF BR-)OKS
til
0
ti
DELTA ARC TAN CH D CHD• BRG.
150 18' 22 61 165-63',' 83.31' 165.13' S 410 29'40 11 W
,390 301_15 E --
Ips
Ston 46'2,()0'
Pile
PL -4 T $1-.,o w
L A t,JD 0 F
FR,AIVCL-5' C. MCFADDEjf f
A N D
JOH/if F- f, JODY DEE HA W.�F,
I BACK CREEK DISTRACT
I
13. 84165AcOD FREDERICK COUNTY) VIRGINIA
- (\,
( new acreage)
0)
1{ -
co
0
_ (D
�_ 1U
�
LOC°�—
STATE ROUTE 620 (40' Wide)
BOUNDARY LINE Q DJU6TMENT
.�>11'1
APPROVED
Frederick County
Planning Dept.
R� :✓ ar'd'
' d
r
IDA E.- Aug. 3, 1989
ECAME: I"= 250'
VI :gib; V:a. g:
Q
Eor-rnel- McFac den
n.{
Conveyed
N
To Hawse.
0
LL-
42- 42' 3 3" E \P
113
r�433--
I
�
I
V)
( Z
4- 57603Ac.
( new acreage) co
�
Ui
d
LO a
N
IPS
IPFS
[�C_60�..��l'j'
q60 JO'
STATE ROUTE 620 (40' Wide)
BOUNDARY LINE Q DJU6TMENT
.�>11'1
APPROVED
Frederick County
Planning Dept.
R� :✓ ar'd'
' d
r
IDA E.- Aug. 3, 1989
ECAME: I"= 250'
VI :gib; V:a. g: