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PC 04-16-08 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia April 16, 2008 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission shouldadopt the Agenda for the meeting................................................................ (no tab) 2) March 5, 2008 Minutes.................................................................................................... (A) 3) Committee Reports................................................................................................... (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) Conditional Use Permit #01-08 for David Plank, for a Kennel. This property is located at 244 Duck Run Lane, and is identified with Property Identification Number 70-1-4 in the Back Creek Magisterial District. Mr. Cheran....................................................................................................................... (B) PUBLIC MEETING 6) Master Development Plan #03-08 for Artillery Business Center, submitted by Patton Harris Rust & Associates, PC, for Industrial Uses on 58.7 acres zoned Ml (Light Industrial). The property is located east and adjacent to Shady Elm Road approximately 1,500 feet south of Route 37, and is identified with Property Identification Number 75-A-1 in the Back Creek Magisterial District, Mrs. Perkins..................................................................................................................... (C) 7) Other FILE COPY L: • • MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on March 5, 2008, PRESENT: June M_ Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District: Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Cl-rristopher M. Molui, Red Bud District; Richard Ruckman, Stonewall District; Gary R. Oates, Stonewall District; Cordell Watt, Back Creek District; Greg L. Unger, Back Creek District; H. Paige Manuel, Shawnee District; LaNvrence R. Ambrogi, Shawnee District; Gary Lofton, Board of Supervisors Liaison; and Roderick Williams, Legal Counsel. ABSENT: Gregory S. Kerr, Red Bud District STAFF PRESENT: Eric R. Lawrence, 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. Chairman Wilmot armounced that the materials under Agenda Items 45 and 46 are concerning the same project and in the essence of time, she suggested the Con-inission consider both simultaneously. Upon motion made by Conurrissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the agenda for the March 5, 2008 meeting with the change of combining Agenda Items 95 and 46. MINUTES Upon motion made by Cornrnissioner Kriz and seconded by Commissioner Triplett, the meeting minutes of January 2; 2008 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Connnissioner Triplett; the meeting minutes of January 16, 2008 were unanimously approved as presented. Frederick County Planning Commission Page 220$ Minutes of March 5, 2008 -2 - COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — 02/28/08 Mtg. Conunissioner Thomas reported the DRRS discussed size limitations for warehouses and distribution centers; however, an initial proposal limiting floor space to 200,000 square -feet generated considerable controversy. As a result, a subconmiittee is being organized with members from the industrial community to assist in developing a proposal. He reported that the DRRS also endorsed the establishment of continued adult care within the Medical Services District, which will be coming before the Planning Commission shortly for consideration. He added that the DRRS is continuing their work on the B2 (Business General) Overlay District. Transportation Committee — 02/28/08 Mtg. Commissioner Kriz reported that the Transportation Committee had discussion and action on the following items: 1) a motion was passed to recommend to the Board of Superyisors the hiring of an outside firm to update the County's proffer model_ by adding transportation impacts, which are not currently included; 2) the updated VDOT draft of the Secondary Street Acceptance Requirements appears to have some positive changes compared to the previous version and work is continuing; 3) a motion was passed recommending to the Board of isors the areas of use for state revenue-sharing funds; the first area is Renaissance Drive to accelerate the Supery connection between Shady Elm Drive and Route 11; the next two are improvements to the intersections of Tasker and Warrior Drive and Tasker and White Oak Drive; 4) the MPO is developing its program for next fiscal year; in addition to moving fors and with the County and City-wide transit study, Phase II of the Route 37 Access Management Study will be undertaken. work will begin on the update to the Long -Range Transportation Plan. Conservation Easement Authority (CEA) — 2/28/08 Mtg. Commissioner Watt reported that the State of Virginia has allocated $4.1 million to the Conservation Easement Program, which will be divided among 14 localities in Virginia. He said Frederick County received $265,000 and has two years to use these funds. Commissioner Watt said the CEA is discussing and learning about how the money can be used. He said the members of the CEA are discovering there are greater numbers of people interested in the Conservation Easement Program and finding out more about it. Introduction of Kevin Talley, Liaison from the City of Winchester Planning Commission Chainnan Wilmot introduced the City of Winchester's liaison from the Planning Commission, Mr. Kevin Talley. Chairman Wilmot welcomed Mr. Talley on behalf of the entire Commission. Page 2209 Frederick County Plannnlg Conim ss Ion t((('i���� L�: Minutes of March 5, 2009 -3 - CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject not on the Commission's agenda this evening. No one came forward to speak. PUBLIC HEARING Rezoning Application #01-08 of Frederick County Public Schools, submitted by Greenway Engineering, to rezone 15.24 acres from the RP (Residential Performance) District with proffers to the RP District with modified proffers for Frederick County's 12`h elementary school. The property adjoins Senseny Road to the north and Channing Drive to the west, approximately 3,000 feet east of Greenwood Road. The property is identified with P.I.N. 55 -A -206B in the Red Bud Magisterial District. Action — Reconvnended Approval with Proffers PUBLIC MEETING Master Development Plan #01-08 for the Revised Lynnhaven Development, submitted by Greenway Engineering, for Frederick County's 12`' elementary school and residential and commercial uses. The properties adjoin Senseny Road to the north and Channing Drive to the west, approximately 3,000 feet east of Greenwood Road. The property is further identified with P.I.N.s 55-A-206 and 55 -A -206B in the Red Bud Magisterial District. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that the two separate applications, Rezoning Application #01-08 of Frederick County Public Schools, and Master Development Plan (MDP) 401-08 for Revised Lymd-iaven Development, both pertain to the same area and development; therefore, she would review both projects simultaneously in her presentation. Ms. Perkins said the request is to revise the proffers associated with the 15.24 acres designated for Frederick County's 12`h elementary school. She said the propertymi question is covered by two separate rezonings; the first being the Charming Land Bays rezoning from 1999 and the second being the Bean Property Rezoning from 2004. She said the proffers for the Bean property stated that the sight could only be used for single-family residences and, therefore, the applicant is proposing to revise the proffers associated with the entire 15.24 acres to state that the site will only be used for public use. Ms. Perkins reported that the revised L}mr-dhaven development covers the school property_ as well as the remaining residential and commercial portions of the Lynnhaven development. The residential portion «Iill develop at a density of two units per acre, which has decreased from 2.5 units per acre; the revised MDP will consist of 135 residential lots, ten acres of conunercially-zoned land, and the 15.2 acres for public use, to be utilized for the new elementary school. She said the most significant change presented with this revised MDP is the addition of the school site. Ms. Perkins continued, stating that the primary access into Lyrr­ib�aven will be via Char4*ung Drive, when fully opened. She said currently; this roadway is not completed and is not within the State's Secondary Road System. Ms. Perkins said the portion of Channing Drive, between Senseny Road and Farmington Blvd., will not be accepted by VDOT until the traffic signal at the intersection of Senseny Road and Channing Drive has been installed. She noted that the revised MDP contains a notation stating that, "Channing Frederick County Planning Commission Minutes of March 5; 2008 Page 2210 -4— Drive, between Senseny Road and Fannington Bldvd., illustrated by the two red stars, will be barricaded and closed to the public mail a signal is provided. She added that the traffic signal at this intersection was proffered with Rezoning # 15-99 for the Channing Land Bays and will be installed with the first commercial site within the project. in conclusion, s. Perkins stated Mthat two applications are. under consideration this evening, the first for the rezoning to revise the approved proffers associated `� ith the 15.24 acres and the second, for the MDP, which is in conformance with the rezoning for the County's 12`h elementary school, as well as the Charming Land Bays rezoning. She said two recommendations will be needed to forward to the Board of Supervisors. Conunissioner Oates clarified for the audience that the rezoning wider consideration is only for the 15 acres pertaining to the school and has no affect on the remainder of the subdivision which has already been approved. Mr. Evan A. Wyatt, with Greenway Engineering, was representing Frederick Comity Public. Schools with both the rezoning and the MDP. Mr. Wyatt pointed out that the property is currently zoned RP (Residential Performance), which allows schools and they are not requesting a change in this zoning designation. However, with this rezoning action, they are requesting a modification to the previously -approved proffers placed upon a portion of the property, the five -acre piece referred to as the Bean Property, which stated the property would be used only for single-family dwellings. Mr. Wyatt said this rezoning action will do two things: 1) it eliminates the residential condition placed upon the five acres; and 2) it establishes a proffer for the entire 15 -acre property which states this parcel can only be used for public use, i.e., the elementary school. Regarding the MDP, Mr. Wyatt said VDOT's continent mentions a concern with a specific segment of road until traffic signalization is installed. He said the Channing Drive proffer commits to the signalization with the first commercial use that comes in. He added that the language on the MDP was agreed upon by the public schools and VDOT. Commiission members inquired if the area was site suitable for a school. Mr. Wyatt believed it was quite suitable; he said the only slope is at the bottom of the site along Channing Drive. Mr. Wyatt pointed out the location of an existing stone water managennent facility, which the school facility will share; he said there will not be a separate stone water pond on the project site. Chainnan Wilmot called for public comments and the following person came forward to speak: Mr. Kirk Matthews, resident of the Red Bud Magisterial District, said lie was in favor of a school being constructed on this property, but he was interested in knowing if any limitations were going to be placed on the commmercial development in light of the vicinity of the school. In addition, he referred to the staff s comment about VDOT barricading off a section of Charming Drive. He questioned Nvhy there was a reversal of opinion from just last year when Charming Drive was being pushed as a major thoroughfare in the County's road plan and it was guaranteed to be open and dedicated to the County by the swi:inier of 2008. Planning Director, Eric R. Lawrence, came forward to address Mr. Mathews connnents. Mr. Lawrence stated that VDOT has identified sight issues on the southern section of Channing Drive, where it intersects with Senseny Road, which makes it unsafe until a traffic signal is installed. He said the developers of the existing B2 property have the proffer which commits them to install the traffic signal with the first commercial use. Mr. Lawrence noted that the County is working with VDOT to get the remainder of the roads into the State System and has set a target date of the school's opening a year and a half out. He said in the interim, there are a number of ways for the traffic to get through safely and to reach the school site safely. Regarding the restrictions on the commercial uses adjacent to the school, he noted there were provisions within the zoning code on appropriate uses adjacent to schools and requirements for buffering between uses. In addition, he said the staff will work with the Frederick County Planning Commission Minutes of March 5, 2008 Page 2211 -5— developers of the commercial areas to ensure compatible uses are established. No other citizens dished to speak and Chairman Wilmot closed the public comment portion of the hearing. No other issues were raised by the Planning Commission. Two separate actions were taken by the Planning Commission, as follows: Upon motion made by Conunissioner Mohn and seconded by Connmissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recormnend approval of Rezoning Application #01-08 of the Frederick County School Board, submitted by Greenway Engineering, to rezone 15.24 acres from the RP (Residential Performance) District with proffers to the RP District with modified proffers for Frederick County's 12`h elementary school. (Note: Conunissioner Kerr was absent from the meeting.) Upon motion made by Commissioner Molnn and seconded by Conunissioner Kriz, BE IT RESOLVED, That the Frederick County Plarming Commission does hereby unanimously recommend approval of Master Development Plan 901-08 for the Revised Lynnhaven Development, submitted by Greenway Engineering, for Frederick County's 12`h elementary school, and residential and connrnercial uses. (Note: Commissioner Kerr was absent from the meeting.) COMMISSION DISCUSSION GUIDING DOCUMENT FOR THE FREDERICK COUNTY PLANNING COMMISSION: BYLAWS, ROLES AND RESPONSIBILITIES, AND SUBCOMMITTEE RESTRUCTURING Planning Director, Eric R. Lawrence, reported that the Bylaws Conunittee's recent review of the Planning Commission Bylaws and associated Roles and Responsibilities has resulted in a number of recommended minor revisions. Mr. Lawrence said the Planning Commission's Bylaws state that, "the Bylaws may be amended by a majority vote of the entire voting membership after 30 days prior notice. " As such, he said this evening's March 5, 2008 meeting will serve to notify the Comm-iission of the intent to modify the Planning Commission Bylaws and the Roles and Responsibilities documents after the requisite 30 -day period. Mr. Lawrence said that no action by the Commission is necessary at this time. The five categories of bylaws revisions reviewed by Mr. Lawrence included: 1) restructure of the Planning Commission's subcommittees; 2) clarification regarding weather cancellation of regularly scheduled Planning Conunission meetings; 3) establishment of a deadline by which revised proffers may be submitted for consideration by the Planning Commission; 4) establishment of a 45 -day tabling time frame; and 5) expansion of the opportunity to utilize a staff briefing/work session. The Convnission had various questions for staff on the proposed revisions. Mr. Lawrence next reviewed the proposed revisions to the Roles and Responsibilities, which included the addition of work sessions along with staff briefings of pending applications. Cornnussion members suggested some changes to the language concerning the applicant attending the work session. There was also a Frederick County Plarming Commission Minutes of March 5, 2008 Page 2212 Z. modification under the Conflict of Interest section, specifically designating the County's Attoniey for consultation, rather than the Commonwealth's Attorney. Mr. LaNvrence said the staff will place the Planning Commission Bylaws and the Roles and Responsibilities on the Commission's agenda for the first meeting in April for action. Members suggested to staff that after the documents are adopted, it would be advisable to provide the information to the various engineers, representatives; and attorneys, so they will be aware of changes for future applications. SUMMARY OF THE FREDERICK COUNTY PLANNING COMMISSION'S ANNUAL RETREAT HELD ON FEBRUARY 9, 2008. Plamiing Director, Eric R. Lawrence, thanked everyone for their participation in the 2008 Planrimg Commission Retreat held on February 9, 2008 at the new Frederick County Public Safety Building. Mr. Lawrence stated that as a follow-up to the day's discussion, the staff created a summary of the topics discussed as well as the major planning projects identified for 2008. Mr. Lawrence sunn-narized the proposed planning projects for 2008, as follows: Revisiting the transportation and land use components of the North East Land Use Plan (a.k.a_ NELUP); Corrections to the UDA in the vicinity of the Stonewall Industrial Park, 4 Revisiting the Corridor Land Use Plans — Linking land use and transportation within existing business corridor plans (Rt. 11 North. Rt. 7; Rt. 50 East, Rt. 522 South, Rt. I I South) [anticipated to be a multi- year undertaking]; ® Proposed Warehouse/Distribution facility size limitations; ® Age -Restricted Multi -Family Housing ordinance; Parking requirements and surface treatments; ® Route 11 North Transportation fmiding source identification, ® Evaluation of Standards / Expectations / Timing for Transportation in C&I Rezonings; and, Review and update the Eastern Road Plan Commissioner Oates recalled an alternative land use map that was presented during the Route 277 Triangle Study discussion at the retreat. Connrtissioner Oates said there was a question about whether it should be forwarded to public meetings; he said lie did not see the map in the retreat summary. Mr. Lawrence said the staff plans to include the map with parallel roads at the public meetings and staff will be open to suggestions on what the mixed -uses should be in the White Oak Road area. He said the Route 277 Public Participation meeting is scheduled for Tuesday, March 18, 2008, at 7:00 p.m. at the Sherando High School. Conntnissioner Thomas believed there was good discussion at the retreat and one high -point in particular was the difference in how VDOT reviews an application and what the purpose of their review is meant to accomplish compared to how the County's Deputy Director -Transportation reviews an application. He believed the Plati ling Conunission needed to put more dependence on the County's transportation review, rather than on VDOT's, because they each review the application from a different perspective. Other Commission members aueed. Frederick County Planning Commission Page 2213 Minutes of March 5, 2008 ki ADJOURNMENT There being no further business to discuss, the meeting adjou-ied at 8:00 p -m. by a unanimous vote. n Respectfully submitted, June M. Wilmot, Chairman Eric R. Lavvrence, Secretary UO GI Gl V V Frederick County Planning Commission Page 2214 Minutes of March 5. 2008 �7 pox coG CONDITIONAL USE PERMIT #01-08 LQ DAVID PLANK ffi � Staff Report for the Planning Commission Rti Prepared: March 17, 2007 me Staff Contact: Mark R. Cheran, Zoning Administrator 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 request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 04/16/0 9 Pending Board of Supervisors: 05/14/08 Pending LOCATION: This property is located at 244 Duck Run Lane. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 70-1-4 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: RA (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for a proposed dog kennel. CUP #01-08, David Plank March 17, 2005 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a conditional/special use permit for this property appears to have little measurable impact on Route 600, North Pifer Road, the VDOT facility which would provide access to the property. The existing entrance is adequate for the proposed use; no changes need to be made to the existing entrances. No permit is required from VDOT, although VDOT reserves the right to review the sight if there is any future development. Frederick County Fire Marshall: Plans approved as submitted. Frederick County Inspections: Change of use permit for business area use in home required. Additional outbuilding/fences may be required to have building permit. Area shall comply with IBC and ICC Mechanical Code for ventilation. Frederick -Winchester Health Department: Disposal of animal waste is regulated by the Department of Environmental Quality, not the local health department. The applicant should contact DEQ regarding acceptable disposal of the dog waste. If the proposal for the disposal of the dog waste is acceptable as noted above, the health department has no objection as long as there are no employees except for the current residents, and the domestic wastewater generated is not greater than 450 gallons per day. Virginia Department of Environmental Quality: The DEQ does not generally require a permit for animal feeding operations with less than '100 animal units. One animal unit is equivalent to 1,000 lbs. live animal weight, so your dog kennel does not meet this limit. As long as you are not directly discharging animal waste to waters of the state, State Water Control Law holds no other requirement for a specific disposal practice for animal waste disposal of the scale you propose. Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The Frederick County Zoning Ordinance Section 165-156 defines kennels: As a place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale on in return for compensation. This proposed use will take place on an 11.45 acre parcel located in the RA (Rural Areas) Zoning District. There is currently one dwelling on the property, which is being used as a residence. The property where this proposed use will be conducted is surrounded by RA zoned properties with natural woodlands with the nearest dwelling being more than 150 feet from this proposed use. This proposed kennel will be for breeding of show dogs and will contain no more than twenty-five (25) dogs, kept on the property and within the dwelling. The applicant has proposed a 10'x10' in size outdoor pen to house the dogs in good weather, and in the future would add a CUP #01-08, David Plank March 17, 2008 Page 3 ten run indoor kennel 28'x 15' in size on the property. The area where the kennel is and will be located is screened by a six foot in height board -on -board fence. The majority of the business of this kennel is handled over the internet and telephone. The applicant will deliver the dogs to the customers off-site. The applicant would like to have the ability to have no more than three customers a week. STAFF CONCLUSIONS FOR THE 04/16/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than twenty-five (25) dogs, not including the owners' dogs, allowed with this Conditional Use Permit. 3. All dogs kept at the kennel shall be controlled so as not to create nuisance to any adjoining property by roaming free or barking. 4. All dogs must be confined inside a completely enclosed structure by 9:00 p.m. Dogs will not be outdoors prior to 8:00 a.m. 5. No more than three customers a week allowed with this use. 6. No signage allowed with use. 7. Any expansion or modification of this use will require an approval of new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. -d Pink .. , R Map Features {000ti Application Lakes/Ponds Streams t'v Urban Development Area SWSA Location in Surrounding Area it 75 150 3010 Case Planner: Amber Map Document: (NAPlanning_And_Development\_1_Locator_Mps12008\DavidPlank_CUP0108_031108.mxd) 3/11/2008 --4:15:12 PM lank ink Locatilk Map Frederick County, VA Conditional Use Permit CUP 401 -08 Application Location in the County Map Features Application Lakes/Ponds Streams t Urban Development Area SWSA Topography (5' interval) David Plank Parcel ID: 7G-1-4 Location in Surrounding Area �,GK , COG G 75 150 �iDDeei O 2`' w w L -1:1-1-i. Case Planner: Amber r ____...,..... �..... ..,....W_,,,,,,_—1,,,h,,,,-„+, ,_�wa+vl_rwNa�cuvowavlurlanK l.Ut'UlUO -51-1Ub.MXCI) 3/11/2UU6--4:15:12 PM - ' KK.nAKU.YYILLIAM HAKKY. A. 0 c PLANK DAVID P ip DUCK F �. MITCHELLAARONL RUN LN-".�- .6 Mw �'._ ... '� ...... moi\,='4�� �•'� 2 � • - E 70 -'. `E ;• :' ,' S� Q - BRILL HELEN G. - f i o ) N _ to 70 A MERCER DUDLEY E ,.. , se - - t 70 1--12 -- -'�� DUNNPHYLLIS .CHRISTINE ----` - `-"� Locatilk Map Frederick County, VA Conditional Use Permit CUP 401 -08 Application Location in the County Map Features Application Lakes/Ponds Streams t Urban Development Area SWSA Topography (5' interval) David Plank Parcel ID: 7G-1-4 Location in Surrounding Area �,GK , COG G 75 150 �iDDeei O 2`' w w L -1:1-1-i. Case Planner: Amber r ____...,..... �..... ..,....W_,,,,,,_—1,,,h,,,,-„+, ,_�wa+vl_rwNa�cuvowavlurlanK l.Ut'UlUO -51-1Ub.MXCI) 3/11/2UU6--4:15:12 PM ???? Submittal Deadline P/C Meeting 8 BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the x owner other) NAME: a ADDRESS: d Ll- �ii c i� t2 �.� L +� ; 2_ '.v L -R` ((, VIN TELEPHONE S'+0 - Baa -D(oa 2. Please list all owners, occupants, or parties in interest of the property: NC --Y\ E, - t+V 'F eM Pt CQ 3. The property is located at: (please give exact directions and include the route number of your road or street) 4. The property has a road frontage of Q feet and a depth of Z000 feet and consists of acres. (Please be exact) 5. The property is owned by -bAV r°i�, R Pi-A-AJV_ as evidenced by deed from AVSa(,A Q ?iZicE Q Vj; Tttq--j" A . Oatc(recorded (previous owner) in deed book no. 47l on page Scy , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 4 - Magisterial District A Ac" er r-7 E ;,c Current Zoning 7. Adjoining Property: 8. The type of use proposed is (consult with the Planning Dept. before completing) fX1rNN6U to 44pust No MoiLC: I14—A4V h Fi-1<-c-rJ Wq,� ay( -2 USE 0-F ('o ZONING North 70 A 2-Z VACANT gA East 7D i Q�-6��►ni��' jLA South 70 9 51 VACAAfi �A West '7O 1 5 V°Acatvs PAN 8. The type of use proposed is (consult with the Planning Dept. before completing) fX1rNN6U to 44pust No MoiLC: I14—A4V h Fi-1<-c-rJ Wq,� ay( -2 i � Awe 0-F ('o &�M . RM N'u'AkGC--a- F� ff Z--c-o"J k a Ok c�---,, aw►k� 9',e LAS Ate% V( 51-0 (y* boGrS 9. It is proposed that the following buildings will be constructed: AL -;()A36 AT Q[Lr-'SST = w& WCC &L:i�, !-AXG • 3 Gv�isi2s c':i — A;0 -a VC---NNIGL- 8kAL:3afrCA (C:)F r r--bcc(L% t <,�7uc2 tJe j F t A*k-' --) +!kA-rc S Z7E S Y, I5 r:.' T -t 6 rvavP-;- 10. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME eg'" ,s-) W i LL, Awl kAax uy ADDRESS 941 IV Yik PROPERTY ID# `7 A oIa NAME AA-ZOtv A gi?cwb-^-r ADDRESS -joy (Z�jm i s Ems; S:sa� ;� v�vL `i. �t� 92 -Csq PROPERTY ID# 70 )S -70 1 Gj NAME kaZ ;(,t VTC t2 u ADDRESS _ �Oq lb;�,ci,< aj-3 f_1k,, PROPERTY ID# 70 • ►- & NAME autp"irV ADDRESS X3�5 Hvt-jZ-jt fiNiLt- i2b;yic-Yv—A VA, PROPERTY �ID# -7(), ►- —S NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY`ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS 12 . Additional comments, if cgny:AL-i- ��� RSC'- tNy�IIZC- 11t- ti9«sc Pn ���� rr�o; 5`i iW�► Errs rtc4tSC �y2�rvG 1H� �q�r. Sov�� to l ^7I M�Z2�1 il.� *� u VE Ptti tl�+P i O 2u -f- ; cA I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planni and Development Department to inspect your property where h� proposed use will be conducted. Signature of Appli�,A-Ivt Signature of Owner Owners' Mailing Address ,rnl LSE i vz VA,�51- . i Owners' Telephone No. 0 -aaa - djo';[� TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 1-i L�72- 1 3-2007 02 =57 AM J FS PRICE 540 2 2746 P- 02 aik- 61,5' P& r)(6 HOUSE LOCATION SURVEY LOT 4 DUCK RUN BPkCK CREEK DISTRICT FREDERICK COUNTY. VIRGINIA " $�9 THIS. IS TO CERTIFY TRAT ow-AUMST 28. 1996 1 t MJIDE AN ACCURATE SURVSY OF 'MIl P1t6MSES AHOWN HERPON Ann -.IAAT WERR ARB No P-AS04ZNTS OR c F-MCROACMEIMS VISIBLE ON THE CRi9URID OTHER 71MAN THOSE 911MIN HERRON. FLOOD "ZONES ARE SClLLED FROM FIRM HMP 0 514069 0175 8 EFFACTXVF JULY 17. 1978. -11z 0% ��... pLAT IS AECORbED IN DEQ D00C 472 AT PAGE 500. ev. r v. - LOT LOT 4- -• Ite o jt�lo 11.045 ACMES g x t V<- 4 < 4 U DAVID W fVRSTM1w �•- gd n4. wiss SURv�e� A'<ooa'. a01 c � _ — ,r �� tHUue sytED�tatc�c�covNTY. sCT. - - ---•--- m t hl wne yo Mad. to mo oaifta •occas. Tax "p lllor o , oaod by Soo. SB.7-aD2 C09 6H.1 -COI hay! !Se®rs Pe W, It aamaosablg- t r Cie* , o m_ �? 178.2' 1 STORY FRAME � e ( w P-44 x ri D/W P K 77' O"X jN 77"04'25"X 230.81' N 9loi��ta" os'toRrFesoo 8aS DUCK RUN LANE (40• WMED TM. 70-1.4 Ml ML FURSSTEMAU SURVEYING I I SOUTH LdUD061 V1 STS \E • V110AL41 I" a 100' .. u MASTER DEVELOPMENT PLAN #03-08 ARTILLERY BUSINESS CENTER Staff Report for the Planning Commission Prepared: March 31, 2008 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 in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 04/16/08 Board of Supervisors: 05/14/08 Action Pending Pending LOCATION: The subject property is located east and adjacent to Shady Elm Road approximately 1,500 feet south of Route 37. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 75-A-1 PROPERTY ZONING & PRESENT USE: Zoned: M1 (Light Industrial) District Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: M I South: RA (Rural Areas) East: B3 (Industrial Transition) West: RA (Rural Areas) M1 (light Industrial) PROPOSED USE: Industrial Uses Use: Industrial Use: Agricultural Use: Commercial/vacant Use: Agricultural Vacant MDP 403-08, Artillery Business Center March 31, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have significant measurable impact on Routes 651 and 11, the VDOT facility which would provide access to the property. The master development plan appears acceptable to VDOT. 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. VDOT request an electronic copy of the master development once signed by the County. Frederick Countv Fire Marshal: Plan approval recommended. Frederick County Public Works: A review of the proposed MDP indicates that the subject site has been subdivided into two parcels: Lot 1 (17 acres) and the remainder (40.61 acres). Each of these parcels will be served by a separate stormwater management pond. We are recommending that these stormwater facilities be constructed in conjunction with the initial site development in each parcel. The actual design of the ponds will be dependent on the nature of the development in each parcel. The location of the stormwater pond in Lot 1 implies that a point source discharge may drain directly onto the M1 lot designated as PIN 75-A-10. In that case, it will be necessary to obtain a stormwater easement to drain the runoff onto and across that property. Some offsite channel improvements may also be required to accommodate these flows. A note should be placed on the MDP to alert the site designer to this issue. Please provide this office with a revised MDP, Sheet 2 of 2, reflecting the above note. Receipt of this revised plan shall constitute our approval of the subject MDP. Frederick County Inspections Department: No comments at this time. Comments shall be made upon building placement. Demolition permit required to remove existing buildings. Asbestos inspection required if building was built prior to 1985. Frederick -Winchester Service Authority: No comments. Frederick County Sanitation Authority: I" review -Approved. Health Department: The Health Department has no objections as long as no existing well or septic is adversely affected. If any existing septics or wells are to be abandoned, please contact the Health Department for proper abandonment procedures. GIS Department: No additional read names are required at this time. Renaissance Dr. was previously approved and added into the system. Structure numbers will be assigned during the permit/construction phase of development. Parks and Recreation: The hiker/biker facility appears to meet County standards. However, appropriate signage should be a project requirement. MDP #03-08, Artillery Business Center March 31, 2008 Page 3 Winchester Regional Airport: The Master Development Plan has been reviewed and it appears that it should not impact operations at the Winchester Regional Airport as the proposed site falls outside of the airport's close in Part 77 surfaces. Frederick County Public Schools: We offer no comments. Planning Department:Please see attached letter dated March 10, 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 property is located east and adjacent to Shady Elm Road approximately 1,500 feet south of Route 37. C) Site History The original Frederick County zoning map (U.S.G.S. Stephens City 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. The Board of Supervisors approved Rezoning Application 408-07 for Artillery Business Center on February 13, 2008. This action rezoned the 58.7 acres of land to the M1 (Light Industrial) Zoning District. D) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-]J Land Use Compatibility: The property is located within the County's Sewer and Water Service Area (SWSA) and the site is within the limits of the Southern Frederick Land Use Plan. The Sewer and Water Service Area MDP #03-08, Artillery Business Center March 31, 2008 Page 4 defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The Southern Frederick Land Use Plan and the Eastern Frederick County Long Range Land Use Plan designate this area for industrial land use. The Plan recognizes the desire to provide for industrial uses along the CSX Railroad. The current Ml Zoning is consistent with the land use designation of the Comprehensive Plan. Transportation This application has provided for additional dedication of right-of-way along Shady Elm Road resulting in an eighty foot right-of-way, and the widening of the existing northbound lane along the property's Shady Elm frontage to provide for a pavement width of 24 feet as measured from the centerline of the road. The applicant shall also design a future east -west collector road utilizing an 80 foot right-of-way, assuming an at -grade crossing. The road will be designed as a rural four lane divided cross section and the applicant will construct two westbound lanes for a minimum of 1,100 feet, as shown on the MDP. The applicant has also proffered to make available an 80 foot wide tract of land across parcel 74-A-68, as shown on the MDP and the GDP, for the continuation of the collector road. In addition to the above, the applicant has proffered a contribution to the County in the amount of $250,000 for the design and/or construction of the future east -west collector road or for any other transportation improvements as deemed necessary by Frederick County or VDOT. Site Access The site shall have access off of Shady Elm Road at three points. The main access point will be from the new collector road and the site will have two other entrance points off of Shady Elm Road as shown on the MDP and the GDP. Buffers and Screenin Along Shady Elm Road and the new collector road, the applicant will be providing a landscape screen which will consist of street trees planted 50 feet on center as well as a double row of evergreen trees planted at a minimum density of three plants per 10 linear feet (see details on the MDP). The applicant will also be providing a 10 foot asphalt path along Shady Elm Road and the new collector road. Proffers — See Attached proffers Dated December 26, 2006, Revised February 7, 2008 STAFF CONCLUSIONS FOR THE 04/16/08 PLANNING COMMISSION MEETING: The master development plan for the Artillery Business Center depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. Therefore, the preliminary Master Development Plan for the Artillery Business Center is in a form that is administratively approvable. 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 conformance with County codes and review agency comments. 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. COUNT' o" FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 March 10, 2008 Mr. Patrick Sowers Patton Harris Rust and Associates, PC 117 East Piccadilly Street Winchester, Virginia 22601 RE: Preliminary Master Development Plan for Artillery Business Park Property Identification Number (PIN): 75-A-1 First Review Dear Patrick: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Winchester Metals. 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. On the coversheet under the project summary, the area in ROW needs to be included. 2. Subdivision. Since this property is not yet subdivided, the proposed lot lines on sheet 2 need to be removed. Only the land bays as shown on the GDP can be shown. 3. Asphalt Path. The ten foot asphalt path needs to be shaded on the MDP. The path also needs to be provided along the entire Shady Elm Frontage. 4. Shady Elm Dedication. Shade the Shady Elm Road dedication area. 5. Renaissance Drive ROK'. The ROW for Renaissance Drive should be shaded for clarification. 6. Future Renaissance Drive. The area shown as future Renaissance Drive is labeled as "residual area". It is unclear how this is a residual area since it was not part of the Artillery parent tract and is still part of the adjacent property. If there is an easement on this property, the legal reference needs to be provided. 7. Proffers. Reference all proffers as indicated on sheet 2. 8. Existing Structures. Label any existing structures that are to be removed. 9. Easements. Provide the legal references for all existing easements. 10. Utilities. Provide the location of any gas lines for the development. 107 North Kent Street, Suite 202 w Winchester, Virginia 22601-5000 Mr. Patrick Sowers RE: Artillery MDP March 10, 2008 Page 2 In order to continue the review of this Master Development Plan, you will need to submit all review agency approval 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 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, AICD Senior Planner CEP/bad Attachment .51ZblZUUt5 -- 232:03 PM rt � lar ess Cent i -rmlmml"A�l Map Document-(NAPlanninn Anrl r)avalnnmon+t 1 t,,,..+— hfi -11 Frederick County, VA Location in the County Master Development Plan MDP # 03 - 08 Application Artillary -Business `:elnter Parcel ID: 75-A-1 Map Features O Hamlets Zoning Q Application Bt (Business, Neighborhood District) Lakes/Ponds B2 (Business, General Distrist) ^— Streams 1w B3 (Business, Industrial Transition District) oID Urban Development Area 44- EM (E)tractive Manufacturing District) � HE (Higher Education District) 419� M7 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) -ff- MS (Medical Support District) R4 (Residential Planned Community District) are R5 (Residential Recreational Community District) J RA (Rural Area District) RP (Residential Performance District) i SWSA Location in Surrounding Area 0 330 660 1 0,3 �eet p � ;+ w Case Planner: Candice _rvrvrvavo wcvua.rrtxa) 51[O1ZUUd -- Z:32:U3 PM MDP � - 08 . Land JW Map Frederick Master Development Plan MDP # 03 - 08 Application Artillary Business Location in the County Map Features OHamlets Application (3 Lakes/Ponds ^-- Streams 6% Urban Development Area AW SWSA Location in Surrounding Area 0 330 6602eet Map Document: (N:\Planning_And_Development\_1_Locator_Mps\2008\HrtiIla ryBusinessCenter_MDP0308_032508.mxd) 3/25/2008 -- 2:32:03 PM PROPOSED PROFFER STATEMENT REZONING: RZ. # 09-0,7 Rural Areas (RA) to Light Industrial (M1) PROPERTY: 58.7 acres +/-; Tax Map Parcels 75-A-1 [the "Property"] RECORD OWNER: Venture I of Winchester, LLC APPLICANT: Venture I of Winchester, LLC PROJECT NAME: Artillery Business Center ORIGINAL DATE OF PROFFERS: December 26, 2006 REVISION DATE(S): 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 8/1/07; 8/17/07; 9/14/07; 9/19/07; 9/21/07; 10/9/07; 11/5/07; 11/6/07;11/15/07;12/21/07;1/15/08;2/7/08 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 M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised February 7, 2008 (the "GDP"), and shall include the following: Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for general government purposes upon issuance of the first building permit. 1 of 5 Artillery Business Center Proffer Statement 1.4 The Applicant shall contribute to the County of Frederick the sum of $250,000.00 for the design and/or construction of the future East-West Collector Road or for any other transportation improvements as deemed necessary by Frederick County and VDOT. Said monetary contribution shall be made within 60 days of issuance of the first Certificate of Occupancy for any structure located on the Property. 2. Site Development 2.1 The Applicant shall dedicate 40 feet of right of way for Shady Elm road along the Property frontage as depicted on the GDP prior to issuance of the first building permit. Additionally, the Applicant shallwiden the existing northbound lane to a total width of 24 feet of pavement as measured from the center line of Shady Elm Road along the Property frontage with Shady Elm Road to provide for a continuous right turn lane along the Property frontage with Shady Elm Road. Direct access to the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as shown on the GDP. The Applicant shall provide a double stripe lane marking for the centerline of Shady Elm Road along the Property frontage with Shady Elm Road (See 1 on GDP) 2.2 The Applicant shall design a future East-West Collector Road utilizing an 80 foot right of way as depicted on the GDP from Point A to Point C, assuming an at grade railroad crossing, as a Rural 4 Lane Divided (R4D) cross section prior to issuance of the first Certificate of Occupancy for any structure located on the Property. The Applicant shall then dedicate 80 feet of right of way and construct the ultimate two westbound lanes of the Collector Road for a minimum of 1100 feet as shown from Point A to Point B on the GDP upon any of the following conditions, whichever occurs first: (See 2 on GDP) ® Prior to issuance of the fourth building permit for the Property. m Prior to the issuance of a building permit for any structure located in Land Bay 2. Prior to issuance of a certificate of occupancy for any structure located in •Land Bay 1 but with associated land area located in Land Bay 2 as depicted by site plan. a Upon commencement of a railroad crossing as shown on the GDP for the East-West Collector Road. o Prior to December 31, 2013. 2.2.1 The Applicant shall make available an 80' wide tract of land across Tax Map Parcel 74-A-68 as depicted on the GDP from Point B to Point C in conformance with the road design provided by Proffer 2.2 for the future extension of the East-West Collector Road. The Applicant shall provide said property at no cost to the County, after December 31, 2008 and within 90 days of receiving written request from the County. 2.2.2 The Applicant shall construct a maximum of two entrances on the portion of the East -'%test Collector Road constructed by the Applicant as shown on the GDP. 2of5 Proffer Statement Artillery Business Center 2.2.3 Land Bay 2 as shown on the GDP shall have access via the easternmost entrance located on the portion of the East-West Collector Road constructed by the Applicant as shown on the GDP. 2.3 The Applicant shall construct an internal access road, if necessary to meet the requirements for lot access as identified by 5144-24C of the Frederick County Code, to serve the Property to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2.5 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). 2.6 The Property shall contain a minimum of three users upon final build -out. 2.7 No warehouse -distribution facility greater than 200,000 square feet shall be constructed on the Property within 5 years of the Date of Final Rezoning. 2.8 Should the County or others obtain the rights to an at grade railroad crossing for the proposed East-West Collector Road as identified on the GDP, the Applicant shall fully fund the design of said at grade crossing. Landscape Buffers Hiker/Biker Facilities & Additional Right of Way 3.1 Within the 25 foot parking setback between the proposed right of ways for Shady Elm Road and the East-West collector as required by 5 165-27E(5) of the Frederick County Code, the Applicant shall construct a 10 foot asphalt trail to Department of Recreation Standards. In addition, the Applicant shall provide a densely planted landscape screen as depicted by Exhibit A as revised 1/15/08 consisting of street trees planted 50 feet on center between the proposed right of way and the asphalt trail as well as a double row of evergreen trees with a minimum density of three plants per 10 linear feet and a minimum height of four feet at time of planting located between the proposed trail and any parking areas. 4. Design Standards 4.1 Any building fa4ade fronting Shady Elm Road or the proposed East-West Collector "_�e constructed of one or a combination of the following : cast stone, stone, w architectural block, glass, wood, dry vit or stucco. 4.2 Freestanding business signs shall be limited to one monument style sign per lot that shall not exceed 20 feet in height. In addition, the Applicant may construct one main entrance/tenant directory sign along either Shady Elm Road or the proposed East-West Collector as a monument style sign that shall not exceed 30 feet in height. If revisions to the Frederick County Zoning Ordinance are made which would limit the size and/or number of signs to a greater extent than the aforementioned standards, then the Applicant shall conform with the sign ordinance standards in existence at the time of issuance of a permit for any sign located on the Property. 3 of 5 Proffer Statement Artillery Business Center Historic Resources 5.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form. from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 5.2 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for purposes associated with historic Star Fort prior to issuance of the first building permit. Escalator Clause 6.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") witivn 30 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 the Proffer Statement which are paid to the Board after 30 months following 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 24 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% per year, non -compounded. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) 4of5 l .. Qj & ROAD WI 0 BUFFER LANDSCAPING, � r & 10' ASPkLT TftAf C \ �o�c LAND :BAY _1 ffi P A r6z 28 7 ❑cres) /' /' i 71 1, LA ND PAY'2 _ 8 °_ /W DE02-00N' CONSTUOTION OF MINIMUM/��,'" 11 DO:_`2 LANE ROADWAY - \ 1 TM 74—A-6811" - - ' FU FLJR SHADY EL�1%�OvTE' 11; "CONNE0R ROAD" (EAST W£ST%COLLfCTOR-•ROAD) 4D DESIG FROM I 80' R/V� RESER A 0 ,N / FUTURE ; /. DAD SHADY ELM``ROAD,TO RAILROAD C CROSSING ' ti ti ARTILLERY BUSINESS CENTER Patton, Harris, Rust & Associates, pc GENERALIZED DE-VELOPM[NT PLAN 117 E. Picodilly St. Winchester, Virginia 22601 �O O VOICE: (540) 667-2139 FAX: (540) 665-0493 O V FREOCR/CK COUNTY, li/IMM4 SHADY ELM ROAD 25' PARKING SETBACK (MINIMUM) NOTE: STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED IN ADDITION TO ANY LANDSCAPING OTHERWISE REQUIRED BY ORDINANCE EAST—WEST COLLECTOR ROAD 3' AW.06TROW AS REQU=D PER 155-27E(11)(a) 3 TREES PLANTED PER 10 LNEAR FEET (EVERGREEN) ®® PARKING AREA 10' A�RjYALT TRAIL' BO' R/FY DEDICATION & ROAD CONSTRUCTION STREET TREES 50' ON CENTER —� ARTIL L ERY BUS/NESS CENTER . EXHBIT A 0 m V FREDERICK COUNTY, KRUM 25' PARKING SETBACK (MINIMUM) NOTE.- STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED IN ADDITION TO ANY LANDSCAPING OTHERWISE REQUIRED BY ORDINANCE Patton, Harris, Rust & Associates, pc 117 E. Picadiliy St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 3' HEDGEROW AS R.E907 ED PER 165-27R(11)(aJ 3 TREES PLANTED PER 10 LINEAR FEET (EVERGREEN) PARKING AREA 10 'AS TI�ML STREET TREES 50' ON CENTER 40' R/W DEDICATION & NORTHBOUND LANE Iff-PRO MENTS E.YISTINC SHADY Ew ROAD (40' R/W) 25' PARKING SETBACK (MINIMUM) NOTE: STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED IN ADDITION TO ANY LANDSCAPING OTHERWISE REQUIRED BY ORDINANCE EAST—WEST COLLECTOR ROAD 3' AW.06TROW AS REQU=D PER 155-27E(11)(a) 3 TREES PLANTED PER 10 LNEAR FEET (EVERGREEN) ®® PARKING AREA 10' A�RjYALT TRAIL' BO' R/FY DEDICATION & ROAD CONSTRUCTION STREET TREES 50' ON CENTER —� ARTIL L ERY BUS/NESS CENTER . EXHBIT A 0 m V FREDERICK COUNTY, KRUM 25' PARKING SETBACK (MINIMUM) NOTE.- STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED IN ADDITION TO ANY LANDSCAPING OTHERWISE REQUIRED BY ORDINANCE Patton, Harris, Rust & Associates, pc 117 E. Picadiliy St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 Prof'er Statement Venture I of Winchester, LLC By: —A6� Date: Zd)c) e Artillery Business Center STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrue { ,F!:d, ment was acknowledged before me this _day of P` 200%by 1061 qe My commissio exp es __ Notary Public - - f r NOTAL Y 10 PI M Common o; Virginia Reg. #35897 MY Commission Expires Aug. 31, 2011 5 of 5 Frederick County, Virginia Master Development Plan Application Packai4e APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only Date application received Complete - Date of acceptance Incomplete - Date of Return 1. 3. Q ` v�" Application # Project Title: ARTILLERY BUSINESS CENTER Owner's Name: Venture I of Winchester, LLC 118 Armstrong Place Winchester, VA 22602 (Please list the names of all owners or parties in interest) Paige Manuel Mark Lynch, James Lynch Randy Kremer Applicant: Patton Harris Rust & Associates, pc Address: c/o Patrick Sowers 117 E. Piccadilly St., Winchester, VA 22601 Phone: (540) 667-2139 4. Design Company: Patton Harris Rust & Associates, pc Address: 117 E. Piccadilly Street Winchester VA 22601 Phone Number: (540) 667-2139 Contact Name: Patrick Sowers Frederick County, Virginia Master Development Plan Application Package APPLICATION, cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: The Property is located East and adjacent to Shady Elm Road approximately 1,500 feet South of Route 37. 6. Total Acreage: 58.70 Acres 7. Property Information: a) Property Identification Number (PIN) b) Current Zoning: c) Present Use: d) Proposed Use: 75-A-1 _ M1 _ Vacant _ Industrial e) Adjoining Property Information: SEE ATTACHED f) Magisterial District: Back Creek 8. Is this an original or amended Master Development Plan? 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 s bmission of my master development plan application. /,�<� 2111 / Signature: � 9� Date: 2 Adjoining Property Owners Artillery Business Center Name Address Property Identification Number (PIN) Name: Synergy Investments, LLC 416 Battaile Dr Property #: 75 -A -1A Winchester, VA 22601 Name: FVC Properties, Inc 840 S Broadway Property#: 75-A-1 D Hicksville, NY 11801 Name: FVC Properties, Inc 500 N Broadway, Ste 103 Property#: 75-A-1 E Jericho, NY 11753 Name: FVC Properties, Inc 500 N Broadway, Ste 103 Property #: 75-A-1 B Jericho, NY 11753 Name: Corrugated Container Corp 100 Development Ln Property #: 75-A-1 C Winchester, VA 22602 Name: Prosperity Drive Development Group, LLC PO Box 4158 Property #: 75A -6 -B -41A Winchester, VA 22604 Name: RGB of Winchester, LLC 180-3 Prosperity Dr Property #: 75 -A -2M Winchester, VA 22602 Name: Prosperity 81, LLC 1304 Severn Way, Ste F Property #: 75 -A -2P Sterling, VA 20166 Name: Strosnyder, Lyle P, Inc. 220 Prosperity Dr Property #: 75 -A -2F a Winchester, VA 22602 Name: Pippin Enterprises, LLC 164 Meadow Trace Ln Property#: 75 -A -2Q Middletown, VA 22645 Name: Alizarin Crimson, LLC P.O. Box 480 Pro ert #: 75 -A -2R Stephens Cit , VA 22655 Name: Brim, Louise S et als 124 Springdale Rd #: 74-A-71 Winchester, VA 22602 -Property Name: Carbaugh, Henry J Trustee 831 Shady Elm Rd #: 74-A-68 Winchester, VA 22602 -Property Name: Hockman, Kitty B. 690 Shady Elm Rd 74-3-3 Winchester, VA 22602 -Property#: Name: Hockman, Kitty B. 690 Shady Elm Rd 74-3-2 Winchester, VA 22602 -Property#: Name: Hockman, Kitty B. 690 Shady Elm Rd Property#: 74-3-1 Winchester, VA 22602 Name: Jasbo, Inc. P.O. Box 480 Property#: 63-7-5 Stephens Cit , VA 22655 Name: Jasbo, Inc. P.O. Box 480 Property #: 63-7-4 Stephens City, VA 22655 Name: Jasbo, Inc. P.O. Box 480 Property #: 63-7-3 Stephens City, VA 22655 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.vams 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) Venture I of Winchester, LLC (Phone) 540.667.9794 (Address) 827 Amlistead St, Winchester Virginia 22601 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: 24270 and is described as Tax Map Parcel 75-A-1 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 (Address) 117E Piccadilly Street Suite 200 Winchester, Virginia 22601 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 (we) would have if acting personally to file planning applications for my (our) above described Property, including Rezoning (including proffers) _ Conditional Use Permits X 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 � day of—MA 200 , Signature(s) Vv State of Virginia, City/County of ,To -wit: H . is r= rM rA iv U1- J I,_mi c1, )i i 19 - 0AMmg tZ a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has a now -ledged the same before mein the jurisdiction aforesaid this c2Q — day ofMAPch , 200Q . My Commission Expires: FELE itVJ9� .28 01012— Notar Public Reg, 4 157 4?1 L!