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002-05 Adams Development Group - Proffer Revision - Stonewall - Backfile
RECEIVED FROM ADDRESS S AMT. Of ACCOUNTAMT. PAID 7;ccHN BALANCE DUE I(Qh ', V o,"2 ,;� &,z JC DOLLARS 00 IN BY i U 2� cc cr f 0 LL DATE NO. 8126 RECEIVED FROM ADDRESS DOLLARS FOR 70- BY CASHI CHECKIMONEY ORDFH kEZONING Check List: Application Form Proffer Statement Impact Analysis Adjoiner List t �' TRACKING SHEET Fee & Sign Deposit J Deed Plat/Survey Taxes Paid Statement Impact Model Run L----� DATE ZZ), O Application received/file opened 0 Reference manual updated/number assigned Id- U S- D-base updated Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing One 8'/z" x 11" black and white location map ordered from Mapping File given to office manager to update Application Action Summary PC public hearing date ACTION: /� oS BOS public hearing date ACTION: Signe© of resolution -for amendmentof ordinance, with conditions proffered --- [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) qll�- OS Action letter mailed to applicant S Reference manual and D-base updated . �; •0 rj' (N�, ile given to office manager to update Application Action Summary (final action) /y fi File given to Mapping/GIS to update zoning map /y A Zoning map amended U \Carol\Common\tracking rez Rewi d 05109/02 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: April 27, 2005 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one Rezoning sign #03-05 for The Adams Development Group. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd uaw, q I'v f 6 The Adams Development Group 156 Big Timber Dr. Cross Junction, VA 22625 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 a c� T A X R E C E I P T FREDERICK COUNTY C. .OWILLIAM2ORNDOFF, JR VA 22604-0225 WINCHESTER SIGN DEPOSITS PLANNING Ticket #:00004820001 /23 005 Date LJT/LJ Register: 23 Trans. #: p104747 Dept # 95 Acct# Previous 50.00 Balance $ , 00 Principal BeiPePaid 5000 naltY •00 Interest Amount Paid $ 50.00 *Balance Due $ .00 Check 5923.35 # VARIOUS Pd by PLANNING & DEVELOPMENT 2/2005 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH V • 11 cis NO. 8126 FROM DA aaa-(oa� o RECEIVED S, 'DOLLARS j0 v] o ADDRES10 --- o w N y U] FOR + ) In''- + N V Q AMT.OF I ACCOUNT CASH CHECK - AMT. PAID O I Z BA I MOp E BY � � Check 5923.35 # VAR Pd by PLA NNING & DEVELOPMENT PENALTY/INTEREST THRU THE MONTH 2/200 BALANCE DUE INCLUDES 0 4 Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 15, 2005 Mr. Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #02-05, ADAMS DEVELOPMENT GROUP Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 13, 2005. The above -referenced application was approved to revise proffers attached to Rezoning # 11-04 of Adams Development Group concerning the rezoning of 59.708 acres to B3 (Industrial Transition Business) District. The subject property fronts the west side of Martinsburg Pike (Route 11 North), opposite the intersection with Stephenson Road (Route 664), and is identified with Property Identification Number 44-A-75, in the Stonewall Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement, revision date February 18, 2005 for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Candice E. Perkins Planner II CEP/bad Enclosure cc: Adams Development Group, Inc., HC 34, Box 30, Bloomery, WV 26817 Lynda J. Tyler, Stonewall District Supervisor John H. Light, Stonewall District Planning Commissioner Jane Anderson, Real Estate em: Charles S. DeHaven Jr., Stonewall District Planning Commissioner 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 REZONING APPLICATION #02-05 ADAMS DEVELOPMENT GROUP Staff Report for the Board of Supervisors Prepared: March 29, 2005 Staff Contact: Candice E. Perkins, Planner II 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: 03/16/05 Recommended Approval Board of Supervisors: 04/13/05 Pending ,,y11%V -rj' � PROPOSAL: To revise proffers attached to Rezoning # 11-04 of Adams Development Group concerning the rezoning of 59.708 acres to B3 (Industrial Transition Business) District. LOCATION: The property fronts on the west side of Martinsburg Pike (Route 11 North), opposite the intersection with Stephenson Road (Route 664). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-75 PROPERTY ZONING: B3 (Industrial Transition Business) District PRESENT USE: Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) District Use: Residential South: MH1 (Mobile Home Community) District & Use: Residential M1 (Light Industrial) District Residential East: RA (Rural Areas) District & Use: Residential B3 (Industrial Transition) District Industrial West: RA (Rural Areas) District Use: Agricultural, Residential & Public Facility PROPOSED USES: Office, warehouse, building materials and lumber stores, wholesaling with accessory retail, and self-service storage. 0 0 REZ #02-05, Adams Development Group Page 2 March 29, 2005 Planninf4 & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A-2 (Agricultural General) District. 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. In 2004, the County considered rezoning application 411-04, a request to rezone the subject properties from RA (Rural Areas) to the 133 (Industrial Transition). This application contained various proffered conditions, they are as follows: A) General Development Plan. The applicant has proffered to develop the subject property in substantial conformance with the GDP. The GDP demonstrates a single shared commercial entrance and the layout of the proposed land uses. B) Permitted Uses. The proffer statement indicates that only office, office/warehouse, warehouse, and self-service storage land uses will be permitted on the property should the rezoning be approved. Furthermore, a maximum square feet is proffered for each of the four proffered land uses. C) Transportation. Transportation proffers include the restriction of more than one commercial entrance off of Martinsburg Pike (Route 11 N), construction of a right -turn deceleration lane, contribution of 20' of additional right-of-way to VDOT for future possible road improvements, and agreement to contribute towards the cost of off -site signalization in the area of Interstate 81 and Exit 321. D) Outdoor Storage Buffer. The applicant proffers to preserve a continuous strip of existing vegetation on the west side of the Winchester and Western Railroad for screening purposes. E) North Buffer. The applicants have proffered to utilize the 6' high berm opaque screening option along the north property line. F) South Buffer. The applicants have proffered to utilize the 6' tall fence as the opaque screening option along the south property line. G) Corridor Appearance Enhancements. The applicant has proffered landscape enhancements along Martinsburg Pike (Route 11 N) to include a 20' wide green strip, a low-level earth berm, low-lying shrubs and a single row of deciduous flowering trees. H) Stormwater Quality Measures. The applicant has proffered that all commercial site plans will be designed to implement best management practices (BMP) to promote REZ fl02-05, Adams Development Group Page 3 March 29, 2005 stormwater quality measures. I) Monetary Contribution. A monetary contribution of $8,355.00 is offered by the applicant for the purpose of impact mitigation for Frederick County Fire and Rescue Services. Rezoning application # 1 1-04 was approved by the Board of Supervisors on September 8, 2004. Request to Revise Proffered Conditions: The applicant has submitted the current rezoning petition in an effort to revise the existing proffered conditions relating to the permitted uses for the property. The proposed proffer revisions would add wholesale with accessory retail, building materials and lumber stores to the allowed uses. The revised proffer's for the rezoning are as follows: Revised Proffer Statement — Dated February 18, 2005 A) General Development Plan. The applicant has proffered to develop the subject property in substantial conformance with the GDP. The GDP demonstrates a single shared commercial entrance and the layout of the proposed land uses. Staff'note: Consistent with previocrsly proffered condition (Please note that the GDP has been revised to reflect the new uses) B) Permitted Uses. The proffer statement indicates that only office, building materials and lumber stores, wholesale, warehouse, and self-service storage land uses will be permitted on the property should the rezoning be approved. Furthermore, a maximum square foot is proffered for each of the proffered land uses. Staff note: Addition of wholesale and building materials and lumber stores to the proffered uses for the property. This revised proffer also reduces the maximum square footages allowed for each use to maintain a trip generation of 4,603 VPD for the site as stated in the impact analysis associated with rezoning #11-04. A breakdown of the new uses and s0uare footages are as follows: Original Proffer Sq. Ft. Revised Proffer Sq. Ft. I office 40,000 1. office 1209000 2 office/warehouse 156,875 2. building materials 251000 3 warehouse 492,500 & lumber store 4 self storage 146,575 3. wholesale 150,000 4. warehouse 120,000 5. self storage facility 140,000 Total 835,575 5551000 REZ 902-05, Adams Development Group Page 4 March 29, 2005 C) Transportation. Transportation proffers include the restriction of more than one commercial entrance off of Martinsburg Pike (Route 11 N), construction of a right -turn deceleration lane, contribution of 20' of additional right-of-way to VDOT for future possible road improvements, and agreement to contribute towards the cost of off -site signalization in the area of Interstate 81 and Exit 321. Staff note: Consistent with previously proffered condition D) Outdoor Storage Buffer. The applicant proffers to preserve a continuous strip of existing vegetation on the west side of the Winchester and Western Railroad for screening purposes. Staff note: Consistent with previously proffered condition E) North Buffer. The applicants have proffered to utilize a C high berm opaque screening option along the north property line. Staff note: Consistent with previously proffered condition F) South Buffer. The applicants have proffered to utilize a 6' tall fence as the opaque screening option along the south property line. Staff note: Consistent with previously proffered condition G) Corridor Appearance Enhancements. The applicant has proffered landscape enhancements along Martinsburg Pike (Route 11 N) to include a 20' wide green strip, a low-level earth berm, low-lying shrubs and a single row of deciduous flowering trees. Staff note: Consistent with previously proffered condition H) Stormwater Quality Measures. The applicant has proffered that all commercial site plans will be designed to implement best management practices (BMP) to promote stormwater quality measures. The applicant will also ensure that the south buffer fence is located on the northern side of the stormwater management area and will utilize plantings recommended for riparian zones. Staff note: This revised proffer restricts the placenrent of the south buffer fence and types of plantings for the riparian area. J) Monetary Contribution. A monetary contribution of $.015/building square foot, this payment potentially totaling $8,325 is intended to offset additional cost to Frederick County. Staff note: Previously had proffered $.01/building square foot, potentially totaling $8,355. The revised proffer has changed this amount to $.015/building square foot potentially totaling $8,325. REZ 902-05, Adams Development Group Page 5 March 29, 2005 STAFF CONCLUSIONS FOR 03/16/05 PLANNING COMMISSION MEETING: The subject property is presently zoned B3, and the applicant is requesting to revise the proffers associated with rezoning #1 1-04 to add wholesale with accessory retail, building materials and lumber stores to the proffered uses. It is the intent of this request that the new uses on the property will not affect trip generation for the site as the applicant has reduced the maximum square footages for the other uses. Staff would like to point out that we are still waiting to hear from VDOT regarding this revision. The proffer has also been revised to help preserve the existing wetland area (proffer H), as well as increasing the monetary contribution per square foot (proffer J) to maintain a similar dollar amount to Rezoning 411-04. PLANNING COMMISSION SUMMARY & ACTION OF THE 03/16/05 MEETING: In order to maintain the same intensity of impacts approved previously, the applicant stated that the maximum square footages have been reduced to a level where the traffic generation volumes from the site were identical to those approved during the previous rezoning. The applicant noted that all previously - approved transportation improvement proffers remain in place and monetary proffers have been increased to be consistent with what was previously approved for fire and rescue impacts. There were no public comments. No issues of concern were raised and the Planning Commission unanimously recommended approval. (Note: All members of the Commission were present.) Rezoning # 02 - 05 Adams Development Group (44-A-75) o no soo i oao F- Rezoning # 02 - 05 N Adams Development Group i (44-A-75) w ,., s • 0 Action: AMENDMENT PLANNING COMMISSION: March 16, 2005 - Recommended Approval BOARD OF SUPERVISORS: April 13, 2005 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-05 OF ADAMS DEVELOPMENT GROUP WHEREAS, Rezoning #02-05 of Adams Development Group, was submitted by Greenway Engineering to revise proffers attached to Rezoning #11-04. This revision adds wholesale with accessory retail, building materials and lumber stores to the allowed uses. This property fronts on the west side of Martinsburg Pike (Route 11 North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified by Property Identification Number (PIN) 44-A-75. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 16, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 13, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the proffer revision adding wholesale with accessory retail, building materials and lumber stores to the allowed uses attached to Rezoning #11-04, as described by the Proffer Statement submitted by the applicant and the property owner, is approved. PDRes 4 10-05 This ordinance shall be in effect on the date of adoption. Passed this 13th day of April, 2005 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester Lynda J. Tyler Gene Fisher PDRes # 10-05 Barbara E. Van Osten Gary Dove Bill M. Ewing A COPY ATTEST John R. Riley, Jr. Frederick County Administrator »o�H„ DBEGMm BYo 1fIY IYL MO ]WB SMBBT I 1 Ju REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA I FREDERICK COUNTY To be completed by Planning Staff Zoning Amendment Number Date Received PC Hearing Date 3 05 BOS Hearing Date s a� 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. Applicant: Name: Greenway En ing eerin Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Name: Adams Development Group, Inc. Attn.: Robert Adams Address: HC 34 Box 30 Bloomers, WV 26817 3. Contact person if other than above Name: Evan A. Wyatt, AICP Telephone: (540) 662-4185 Telephone: (540) 539-3599 Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments N/A Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X Jtt 5. The Code of Virginia allows us to request full disclosure of ownershon to rezoning applications. DERICK COUNTY NG & DEVELOPMENT Please list below all owners or parties in interest of the land to be rezoned: Adams Development Group, Inc. 6. A) Current Use of the Property: Agricultural, undeveloped (59.71 acres) B) Proposed Use of the Property: Industrial transition uses 7. Adjoining Property: Please see attached PARCEL ID NUMBER USE ZONING 44-A-2 Residential RA 44-A-3 Residential RA 44-A-60 Residential RA 44-A-61 Residential RA 44-A-62 Residential RA 44-A-63 Institutional, church RA 44-A-64 Institutional, church RA 44-A-70 Residential RA 44-A-71 Residential RA 44-A-72 Residential RA 44-A-74 Residential RA 44-A-75A Residential RA 44-A-76 Residential RA 44-A-76A Residential RA 44-A-7613 Residential RA 44-A-76C Residential RA 44-A-76D Residential RA 44-A-89 Industrial MH 1 44-A-89A Residential RA 44-1-D Commercial MH 1 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): North of the City of Winchester, fronting on the west side of Martinsburg Pike (US Route 11), opposite the intersection with Jordan Springs Road (Route 664) 0 0 Adjoining Property Owners Owners of property adjoining the land will be notified of the Plarming Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Robert L. MORELAND 162 Moreland Lane Clearbrook, VA 22624 Property # 44-A-2 Name Gary L. and Pamela L. PAYNE P.O. Box 121 Stephenson, VA 22656 Property # 44-A-3 Name Weldon G. and Alice C. OATES 2674 Martinsburg Pike Stephenson, VA 22656 Property # 44-A-60 Name Ernest R. and Mary K. BAILEY, Trustees P.O. Box 43 Stephenson, VA 22656 Property # 44-A-61 Name Donald E. and Kimberly L. COOK P.O. Box 39 Stephenson, VA 22565 Property # 44-A-62 Name Emmanuel United Methodist Church 2732 Martinsburg Pike Stephenson, VA 22565 Property # 44-A-63 Name Emmanuel United Methodist Church 2732 Martinsburg Pike Stephenson, VA 22565 Property # 44-A-64 Name David B. GRIM 159 N. Loudoun Street Winchester, VA 22601 Property # 44-A-70 Name David B. GRIM 159 N. Loudoun Street Winchester, VA 22601 Property # 44-A-71 Name and Property Identification Number Address Name Richard D. DEMOREST P.O. Box 233 Clearbrook, VA 22624 Property # 44-A-72 Name Robert A. and Tammy L. WRIGHT 2687 Martinsburg pike Stephenson, VA 22656 Property # 44-A-74 Name Charles W. ORNDOFF 2897 Martinsburg Pike Stephenson, VA 22565 Property # 44-A-75A Name Florence H. SHUSTER, el al P.O. Box 202 Stephenson, VA 22565 Property # 44-A-76 Name Deborah A. MULLINS P.O. Box 243 Stephenson, VA 22565 Property # 44-A-76A Name Ann H. WILDER P.O. Box 251 Stephenson, VA 22565 Property # 44-A-76B Name Florence H. CONARD PO. Box 202 Stephenson, VA 22565 Property # 44-A-76C Name Dorothy L. HIETT P.O. Box 380 Arthurdale, WV 26520 Property # 44-A-76D Name APAC-Virginia, Inc. P.O. Box 14000 Lexington, KY 40512 Property # 44-A-89 Name L. F. Franklins & Sons, Inc. c/o APAC-Virginia, Inc. P.O. Box 14000 Lexington, KY 40512 Property # 44-A-89A Name O. L. and Ruth B. PAYNE P. O. Box 160 Stephenson, VA 22565 Property # 44-1-D Information to be Submitted for Capital Facilities Impact uc' FRECFRICK COUNTY -LANNING & DEVELOPMENT 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 or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 44-A-75 Districts Magisterial: Stonewall High School: James Wood High School Fire Service: Clearbrook Middle School: James Wood Middle School Rescue Service: Clearbrook Elementary School: Stonewall Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 59.708 B3 B3 — Proffer Revision 99.708 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: 120,000 Service Station: 0 Retail: 0 Manufacturing: 0 Restaurant: 0 Warehouse: 120,000 sq ft Other: 120,000 sq ft self-service storage, 25,000 sq ft building materials & lumber store, 150,00 sq ft wholesale 12. Signature: 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) knowledge. Applicant: Greenway Engineering By: Evan A. Vyatt, AICP Owner(s): Adams Development Group, Inc. B/%l.�f✓ Robert C. Adams, President ZNn1-1—> Date oil Date 1 Special Limited Power of Attorney County of Frederick, Virginia Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Robert C. Adams, President Adams Development Group, Inc. (Phone) (540) 539-3599 (Address) HC 34 Box 30 Bloomery, WV 26817 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. 030015420 on Page and is described as Parcel: 75 Lot: Block: A Section: 44 Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 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 application for my (our) above described Property, including: ® 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 otherwiserescinded or modified. In witness thereof, I (we) Signature(s) set my (our) hand and seal this 18th day of February, 2005, State of Virginia, City/County ofFrederick, To -wit: W , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and acknowledged the samebefore me in the jurisdiction aforesaid this 18th day of February, 2005. �/ 0� / / (mot,, & My Commission Expires: D� vi71`�2 taI Public • C, i! 1 �-- EDER�GK CDUNTY FR PLANNING & DEVELDPMEN Prepared By Adams Commercial Center - Location Map Greenway yEngineering • VICINITY MAP SURVEYORS CERTIFICATE I, EDWARD W. DOVE, A DULY CERTIFIED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA DO HEREBY CERTIFY THAT THE LAND SHOWN HEREON IS NOW IN THE NAME OF THE ADAMS DEVELOPMENT GROUP, INC. AND WAS ACQUIRED BY THEM BY DEED FROM BROWN LOVETT. JR. BY HIS ATTORNEY —IN —FACT, CATHERINE C. LOVETT. THE DEED WAS DATED JULY 16, 2003. AND RECORDED AT INSTRUMENT #030015420 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. I FURTHER CERTIFY THAT THE SURVEY IS CORRECT TO THE BEST OF MY KNOWLEDGE. /- SURVEYOR STATE OF VIRGINIA COUNTY OF FREDERICK, TO —WIT: I, GREGORY R. SHAUGHNESSY, A NOTARY PUBLIC IN AND FOR THE STATE OF VIRGINIA AND COUNTY OF FREDERICK, DO HEREBY CERTIFY THAT THIS DAY PERSONALLY APPEARED BEFORE ME EDWARD W. DOVE, WHOSE NAME IS SIGNED TO THE FOREGOING INSTRUMENT DATED 3RD DAY OF SEPTEMBER. 2003, AND ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE AND COUNTY AFORESAID. GIVEN UNDER MY HAND THIS 3RD DAY OF SEPTEMBER. MY COMMISSION EXPIRES NOVEMBER 30. 2005. NOTARY PUBLIC BOUNDARY SURVEY ON THE PROPERTY OF THE ADAMS DEVELOPMENT GROUP, INC. INSTRUMENT #030015420 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA THIS PLAT MAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT I DATE: JULY 29, 2003 SCALE: 1" = 400' AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. OWNER: THE ADAMS DEVELOPMENT GROUP, INC. FLOOD NOTE — 510063 ENGINEERS DM PLANNERS & ASSOCIATES SURVEYORS 3078 SHAWNEE DRIVE P.O. BOX 2033 WINCHESTER, VIRGINIA 22601 (540)667-1 103 W.O. # D2014 � yrH 0 D TE: 7-17-780 � U a EDWARD W. DOVE ,CERT. N0. 54-17-3(A) 964 1 OF 2 SURV doveinc®visuallink.com • RF PARCEL 8 N 53'29' 1 a" w S0. FT. 242.44'rv6'.�207029.4 4.753 ACRES 'r N 53'29'14" W RF 62.22' RS N spy 'q 03 N 5�• f CL OF F lq 1846 36• \'614, Z RAILROAD TRACKS CA c,. Cv co i. f PAYNE C L h RUI?1 B DEED BOOK 381 PG ^"5 F�FENCE ZONED M1 USE COMMERICAL SANITARY \� MANHOLE WATER VALVES PARCEL A 2,393,839.800 54.955 ACRES POST BARN 1' S 76'21'26" W 73.30' s� 'o S 70*36'46" W r, 94.54' WHILE ELW= L e BETS 29'31'26" W B+sF.�o 03--m 47.75' o USE REvt RA RF F S 2T59'O6" W 00 165.49' t�70*W R POST co U.S. ROUTE 11 RF POST R/W VARIES �" 4.791 OOICIESf MVM D.' OIN OMO B / C Mr. ooluwom Dm 900K 400 Po 190 N 62-08'46" W D9m ~' zom RA 186.36' O C , USE Ikaoonu�. USE IF�onrl y 2 y Efw'MANUEL CHURCH ? C �01 0 "'o 10 PF- VDH 35.26' S 70'58'30' E rn RF NEAR oN VDH MONUMENT ORNUCFF CHARLES W O DEED BOOK 415 PG 217 M.i S 24'31'46" W ZONED RA USE RMD�yti 182.63 _ Tm (n I ULLINS DESORAH A OEEl B.64, PG 310 DEL rn ZONED RA v USE RESIDEN°IIIAL u Co yr°, � A,NN H rE Bvvk. 41,5 PG 44Z 1^ ZONED RA 346.2' USE RESIDDIRAL CCRARD FLORENCE u D '3 BC%;K 415 PG 490 ZO 'NEID RA. t�0 J USp- REs;DEGqp'L HIS!' QR !iv L Y'9 O"fx)()O1Oi ZONrn RA. 435.42' USE RESilaDCIAL 28'23'30" W oncT APAC PROPER!Y BOUNDARY SURVEY ON THE THIS IS TO CERTIFY THAT ON DULY 29, 2003 PROPERTY OF I MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON, AND THAT THERE ARE NO EASE- THEADAMS DEVELOPMENT MENTS ORVISIBLE ON THE GROUND OTHER THANMENTS THOSE SHOWN HEREON. GROUP INC. NOTES: 7 1. TAX ASSESSMENT MAP NO. 44-A-75 INSTRUMENT #1030015420 2. CURRENT INSTRUMENT IN CHAIN OF TITLE IS STONEWALL DISTRICT 1030015420 FREDERICK COUNTY, VIRGINIA 3. RF- REBAR FOUND. RS- REBAR TO BE SET THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT DATE: JULY 29. 2003 SCALE: 1 = 400' AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. OWNER: THE ADAMS DEVELOPMENT GROUP, INC. W.O. #1 D2014 A�TH Q FLOOD NOTE — ZOINE. C COMMUNITY NO: 510063 PANEL-0110 B DATE: 7-17-78 Dm ENGINEERS U PLANNERS EDWARD W. DOVE & ASSOCIATES SURVEYORS 54-117R 3(A) 964 3078 SHAWNEE DRIVE 2033 ry 71 j10 > 04 P.O. BOX 2 OF 2 SURN WINCHESTER, VIRGINIA 22601 (540)667-1 103 doveincOvisuallink.com 0 - 0 AMENDMENT Action: PLANNING COMMISSION: March 16, 2005 - Reconunended Approval BOARD OF SUPERVISORS: April 13, 2005 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 902-05 OF ADAMS DEVELOPMENT GROUP WHEREAS, Rezoning #02-05 of Adams Development Group, was submitted by Greenway Engineering to revise proffers attached to Rezoning #11-04. This revision adds wholesale with accessory retail, building materials and lumber stores to the allowed uses. This property fronts on the west side of Martinsburg Pike (Route 11 North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified by Property Identification Number PINs 44—A-75B, 44—A-75C, 44—A-75D, 44—A-75E, and 44—A-75F. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 16, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 13, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the proffer revision adding wholesale with accessory retail, building materials and lumber stores to the allowed uses attached to Rezoning # 11-04, as described by the Proffer Statement submitted by the applicant and the property owner, is approved. PDRes # 10-05 AMENDMENT Action: PLANNING COMMISSION: March 16, 2005 - Recommended Approval BOARD OF SUPERVISORS: April 13, 2005 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 902-05 OF ADAMS DEVELOPMENT GROUP WHEREAS, Rezoning #02-05 of Adams Development Group, was submitted by Greenway Engineering to revise proffers attached to Rezoning # 11-04. This revision adds wholesale with accessory retail, building materials and lumber stores to the allowed uses. This property fronts on the west side of Martinsburg Pike (Route 11 North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified by Property Identification Number (PIN) 44-A-75. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 16, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 13, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the proffer revision adding wholesale with accessory retail, building materials and lumber stores to the allowed uses attached to Rezoning # 11-04, as described by the Proffer Statement submitted by the applicant and the property owner, is approved. PDRes # 10-05 This ordinance shall be in effect on the date of adoption. Passed this 13th day of April, 2005 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Aye Gary Dove Aye Lynda J. Tyler Aye Bill M. Ewing Aye Gene Fisher Ave A COPY ATTEST John R. ' ey, Jr. Frederick County Administ ator PDRes 9 10-05 Greenway Engineering February 18, 2005 'Adams Development Group, Inc. Rezoning PROPOSED PROFFER STATEMENT REZONING: RZ# 02-05 Industrial Transition District (133) with Proffers to Industrial Transition District (B3) with Revised Proffers PROPERTY: 59.71 acres +/-; Tax Parcel #44-((A))-75 RECORD OWNER: Adams Development Group, Inc., Robert C. Adams, President APPLICANT: Adams Development Group (here -in after "the Applicant") PROJECT NAME: Adams Cormnercial Center ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters June 21, 2004 February 18, 2005 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # O-Z - OS — for the rezoning of 59.71-acres from the Industrial Transition (133) District with Proffers to the Industrial Transition (133) District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Adams Development Group, Inc. being all of Tax Map Parcel 44-((A))-75 and further described by Boundary Survey Plat prepared by Edward W. Dove, L.S., dated July 29, 2003 (see attached Boundary Survey Plat). File #3949/EAW E • Greenway Engineering February 18, 2005 A.) Generalized Development Plan Adams Development Group, Inc. Rezoning The Applicant hereby proffers to develop the 59.71-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the general location and relationship of land bay uses. B.) The following maximum building square footages are proffered for the land uses identified below. The building square footages are established to ensure that the vehicle per day (VPD) generation for the permitted land uses will not exceed 4,603 VPD based on ITE Trip Generation 7`" Edition volumes. 1. Office 2. Building Materials & Lumber Store 3. Wholesale 4. Warehouse 5. Self-service storage facility TOTAL BUILDING AREA C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) 120,000 square feet 25,000 square feet 150,000 square feet 120,000 square feet 140,000 square feet 555,000 square feet Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for all uses within this site. This shared commercial entrance will be located so as to align with the existing commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Turn lane — Martinsburg Pike (US Route 11) The Applicant hereby proffers to install a right -turn deceleration lane at the entrance on Martinsburg Pike (US Route 11). 3.) Additional Right-of-way Dedication In the interest of future area transportation plan improvements, the applicant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right-of-way on the Martinsburg Pike (US Route 11) frontage of the property. File 43949/EAW 2 0 L, Greenway Engineering February 18, 2005 Adams Development Group, Inc. Rezoning 4.) Corridor Improvements, Signalization In recognition of offsite transportation impacts, the Applicant hereby proffers to contribute a prorated share of the cost of signalization improvements in the area of Interstate-81 Exit 321. The Virginia Department of Transportation (VDOT) will determine the appropriate location for signalization improvements and will determine when this improvement is warranted. The Applicant will enter into a signalization agreement with VDOT that will provide a one-time contribution towards the cost of signalization in a prorated amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. D.) Outdoor Storage Buffer The Applicant hereby proffers to preserve a continuous strip of existing vegetation on the west side of the Winchester and Western Railroad, as identified on the Generalized Development Plan, to screen the outdoor storage area from the MH-1 property to the southwest. The Applicant will preserve a minimum depth of fifty (50) feet of the existing vegetation adjacent to that approximately 242 foot portion of the property line shared with the MH-1 zoned property to the south. Should such existing vegetation be deemed insufficient screen by the Zoning Administrator at the time of site plan review, the vegetative area will be supplemented with additional landscaping and/or opaque structures as needed to meet ordinance standards. E.) North Buffer The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to properties to the northeast. F.) South Buffer The applicant hereby proffers to utilize a minimum six foot high fence, rather than earthen berm, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to properties to the south. File 43949/EAW 0 Greenway Engineering February 18, 2005 Adams Development Group, Inc. Rezoning G.) Corridor Appearance Enhancements The applicant hereby proffers to enhance the appearance of the Martinsburg Pike (U.S. Route 11) corridor through the implementation of a low-level earth berm and landscaping along the frontage of the subject property. This enhancement will be located within a 20- foot wide green strip that is located immediately adjacent to and on the west side of the dedicated 20-foot right-of-way strip, which will contain an earth berm that is 2-feet in height with low-lying shrubs and a single row of deciduous flowering trees that are a minimum of 1 '/z caliper and planted on 30-foot centers. This corridor appearance enhancement will be designed to ensure that sight distance is not negatively impacted at the commercial entrance to the subject property, and will be provided in conjunction with the installation of the commercial entrance. H.) Stormwater Quality Measures The applicant hereby proffers that all commercial site plans submitted to Frederick County are designed to implement best management practices (BMP) to promote stormwater quality measures. A statement will be provided on each commercial site plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. The Applicant will ensure that the south buffer fence is located on the northern side of the Stormwater management area channel and will utilize plantings recommended for riparian zones by the Virginia Department of Forestry to further protect and enhance this area. I.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application #6Z-0 s is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .0151 building square foot This payment, potentially totaling $8,325 is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid at the time of the building occupancy permits. File 43949/EAW 4 Greenway Engineering February 18, 2005 Adams Development Group, Inc. Rezoning J.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ADAMS DEVELOPEMNT GROUP, INC. By: Robert C. Adams, President Commonwealth of Virginia, Date City/County of -Frederrr,u LA:T_ To Wit: 4-h The foregoing instrument was acknowledged before me this g day of r�aa l 20 05by <'6C�'o-T-v C My Commission Expires Notary Public File 43949/EAW INICINTY MAP �AUV•n ' AREA 4 AADT TABULATION BUILDING AREA SQUARE FOOTAGE VpD OFFICE 120000 1322 SELF•SERYICE STORAGE 140.000 350 BUILDING MATERIALS/ LUMBER STORE 250M Ilw WHOLESALE 150i000 LOW WAREHOUSE 1200M 5% TOTALS 5550" 4,568 . 0.21 ® NORTH BUFFER AREA ® SOUTH BUFFER AREA �r I. FFIC RAJ AREH E. W OLE LE WITH A CES RY RETAIL UIL G MATERIAL (8 MBER STORES IFT 127° 0j;ED1 ``CESSORY TAIL, ILDING MA ERIALy� LUMBER TORES SWM CHANNEL 8 WETLANDS PRESERVATION AF OFFICE 1 I 1 1 Ca DOT 20' ' DEDICATION FOR l FUTURE RT. 11 —� WIDENING 1 � i wlx RC IQ woaxnn Z C] d i l__ • W d=go> \A� % 9 J WNo' > W G �i W //�) �NQwz� \� o�ic otMroe wnxm �r nix rus xo ewe sxtet t a � k VIRGINIA DEPARTMENT OF FORESTRY RECOMMENDED TRESS &SHRUBS FOR RIPARIAN ZONES A. Medium to Large Trees Region Li ht Ri arian Zone 'c. 5tream m A 1 �, 1 M = MOUNTAIN P = PIEDMONT C = COASTAL RIPARIAN ZONES 7 = STREAMSIDE 2 = MANAGED BUFFER 3 - SHRUB /GRASS 4 = UPLAND INTERFACE Scientific name Common name M P C Sun Part. sh. Shade 1 2 3 4 Red maple 7rubrum verbirch Sweet/Black irc Carya aquatics Water hickory a .• Carya cordiformis Bitternut hickory ■ ■ ■ Celtis Occidentalis Hackberry ■ ■ D ospyros v rgm ana Persimmon . Fraxinus pensylvanica Green ash ■ • j ■ ■ laddsia aquatics ater ocus Juglans nigra Back walnut j Liquidambarstyrac!!ua Sweetgum . j ■ .�t�� Liriodendron tulipifera Yellow poplar ■ . j . ■ ■ ■ Nyssa aquatics water tupelo j Nyssa sylvatice Black gum j ■ Oxydendrum arboreurn Sourwoo . ■ ■ ■ • ■ ■ ■ anus taeda Lobiloly pine . ■ atanus occidentalis Sycamore , . Populus deltoi es Cottonwood poplar ■ Quercus lyrata Overcup oak . ■ ■ ■ Quercus bicolor Swamp white oak . . . ■ ■ Quercus imbricaria Shingle oak ■ Quercus laur folic Swamp laurel. . ■ • Quercus michauxii Swamp chestnut &Y Quercus nigra Water oak Quercus palustris Pin oak ■ . ■ . . Quercus p eilos Willow oak . Quercus shumardii Shumard oa ■ ■ ■ ■ r ■ axodium distichum Said cypress • , ■ suga canadensis Eastern hemlocklul. . ■ ■ _ ■ mus ru ra ppery e m ■ ■ PLANT GUIDE FOR RIPARIAN REFORESTATION COMPILED BY THE VIRGINIA DEPARTMENT OF FORESTRY Small Trees & Shrubs Region Light Riparian Zone i s t - i 3 ~ . Cornus .tolonifera- Red twig dogwood i Capholenthusoccidentatis-Buttonbush Scientific name Common name M P C Sun Pan. sh Shade t 2 3 a Alnus serrualls Smooth alder _ Am.lancher canadansis Service berry Amorpho truticosa False Indigo Amnia arbutifolin Red chokecherry r Asimina t ifoba Paw -Paw Caticarpa americans Amer. Beautyberry Carpinus caroliniana Amer. Hornbeam Caltis Isevigata Sugarborry Cephalanthus occidenralis Buttonbush Clethra alnifolia Sweet pepperbush Cornus amomum Silky dogwood Cornus racemosa Graystem dogwood Cornus stoloniters Folhergilla gard.nii Red Tw g ogwtwc Witch alder . . . • Hernamelfs virginians WKch hate) Hibiscus aculeatus Hibiecua mili(eria H. comfort root Marsh mallow Hibiscus moschoutos Hibiscus Ilex cori.ces Sweet gallberry Flex decid, Possumhew Ilex glabra In c�berry holly flex verticilfels Winlerberry holly lfex vomf(oria Yaupon holly Ilea virginiea Virgin willow Loucoththoe racamosa Sweetbells Linder. benzoin Spice bush _ Lyanle /lucid. Fottorbuah Lyonia figuatrino Male berry Magnolia virginians Sweetbay magnolia Myrica cerifera South. wax myrtia Myrlcs pensylvanics Bayberry Ostrya virginians East. hop hornbeam Physocarpus opuldolius Common ninebark Rhododendron viscosum Swsmp azalea Rubus alloghenionafs JAIIegheny bl.barry Se ix discolor I Pussy willow Sallxnigre jBIack willow Salix cottettil Bankers willow Sambucus censdensis Elderberry Vaccin um corybosum Highbush blue rry . ■ Viburnum dentatum Arroww . . ■ r urnum nu3um wamp w M=MOUNTAIN P= PIEDMONT C- COASTAL 1. STREAMSIDE 2• FLOODPLAIN 3. TRANSITION AREA 4. UPPER SLOPE E C IMPACT STATEMENT ADAMS DEVELOPMENT GROUP, INC. REZONING Stonewall Magisterial District Frederick County, Virginia TM 44-((A))-75 59.71 Acres June 21, 2004 Revised August 27, 2004 Revised February 18, 2005 Current Owners: Adams Development Group, Inc. Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering June 21, 2004 Adams Development Group, Inc. Revised August 27, 2004 Revised February 18, 2005 ADAMS DEVELOPMENT GROUP, INC. REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 59.71 acres parcel owned by the Adams Development Group, Inc. The subject parcel is located on the west side of the Martinsburg Pike (US Route 11), near the intersection of Jordan Springs Road (Route 664) in the Stephenson area. Interstate 81 forms a boundary on the northwestern edge of the parcel, with the Winchester and Western Railroad rail line roughly paralleling the Interstate just inside this northwestern side of the property. The current zoning is B3, Industrial Transition District with approved proffers. The Adams Development Group, Inc. proposes to modify the proffer statement guiding the development of the 59.71-acre parcel for the purpose of providing additional land uses, revising the maximum square footage of structural development for the proposed land uses, and to establish general parameters for the treatment of the stormwater management channel and wetlands preservation area. Basic information Location: Martinsburg Pike (US Route 11), near Jordan Springs Road (Route 664) Magisterial District: Stonewall Property ID Numbers: 44-((A))-75 Current Zoning: B3 Industrial Transition District with approved proffers Current Use: Unimproved Proposed Use: Office, Self -Service Storage, Wholesale Market Warehouse, Building materials and Lumber Store Proposed Zoning: B3 Industrial Transition District with modified proffers Total rezoning area: 59.71 acres Proposed build -out 555,000 square feet maximum 43949/Impact Analysis statement 2 Greenway Engineering 0 COMPREHENSIVE PLAN June 21, 2004 0 Adams Development Group, Inc. Revised August 27, 2004 Revised February 18, 2005 The proposed site is being developed in conformance with the Comprehensive Policy Plan, Northeast Land Use Plan. The subject property is to be developed in commercial and industrial transition land uses as depicted on page 6-33.4 of the Comprehensive Policy Plan. 1. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. A. SUITABILITY OF THE SITE Access The subject site, tax parcels 44-((A))-75, is located on a manmade boundary created by Interstate 81 on the western edge of the tract and Martinsburg Pike (US Route 11) to the east. A single entrance on Martinsburg Pike (Route 11) is proffered to accommodate vehicular access to the subject site. Martinsburg Pike is a three lane arterial road providing for a single north and south travel lane and a center turn lane along the entire frontage of the subject site. The availability of rail along the northwest side of the subject site provides opportunities for rail service. Flood Plains The subject site is located on the FEMA NFIP map #510063-0115-B. The site is located as "Zone C", area outside the 100-year flood plain. Wetlnnrls The National Wetlands Inventory Map indicates that there are no wetlands on the subject site. A wet weather stream exists along the southern portion of the subject site, which flows from the Payne Mobile Home Park through the property and under Martinsburg Pike to Hot Run. The wet weather stream has been determined to be a regulated waterway by the U.S. Army Corps of Engineers that is pristine. Therefore, the wetlands area will be enhanced through the use of riparian zone planting recommended by the Virginia Department of Forestry. 93949/1mpact Analysis statement Greenway Engineering 0 Steep Slopes June 21, 2004 • Adams Development Group, Inc. Revised August 27, 2004 Revised February 18, 2005 There are no steep slopes (over 50%) on this site. Mature Woodlands There are no woodlands on the subject site. Soil Types The following four soil types are identified in this property according to the Soil Survey of Fredrick County, map sheet number 24 (USDA Soil Conservation Service). 7C-Carbo-Oaklet- Rock outcrop complex 2-15 percent slopes, covers approx. 5% of site 1413-Fredrick-Poplimento Loams 2-7 percent slopes, covers approx. 40% of site 16C-Fredrick-Poplimento Loams, very rocky 7-15 percent slopes, covers approx. 20% of site 29-Massanetta Loam, 0-4 percent slopes, covers approx. 35% of site The 14B and 29 soil types are identified as prime agricultural soils according to Table 5, Prime Farmland (Soil Survey of Fredrick County, page 123). B. SURROUNDING PROPERTIES Adjoining proper!zoning and present use: North: Zoned RA District Use: Residential SFD/mobile home South: Zoned MH1 District Use: Mobile home park Zoned M1 District Use: Commercial Zoned RA District Use: Residential SFD East: Zoned B3 District Use: Industrial (APAC Virginia, Inc.) Zoned RA District Use: Institutional (church) West: Zoned RA District Use: Interstate Highway 81 Use: VDOT Rest area/Welcome Center #3949/Impact Analysis Statement 4 Greenway Engineering • C. TRANSPORTATION June 21, 2004 Adams Development Group, Inc. Revised August 27, 2004 Revised February 18, 2005 The proposed rezoning has proffered a maximum aggregate of 555,000 square feet of building area, comprised of five specific categories of land uses on the 59.71-acre parcel. An analysis of average daily traffic volumes is identified below utilizing Institute of Transportation Engineers ((ITE)) Trip Generation Manual, 7t" Edition volumes. Adams Commercial Center Land Use & Projected Traffic Volumes Land Use Square Footage ITE Code & Average Rate VPD Office 120,000 (710) 11.01/1,000 sq ft 1,322 Self -Service Storage 140,000 (151) 2.50/1,000 sq ft 350 Building Materials & Lumber Store 25,000 (812) 51.60/1,000 sq ft 1,290 Wholesale Market 150,000 (860) 6.73/1,000 sq ft 1,010 Warehouse 120,000 (150) 4.96/1,000 sq ft 596 Totals: 555,000 4,568 The 2002 VDOT Daily Volume Jurisdiction Report 34 identifies Martinsburg Pike (Route 11) between Old Charles Town Road (Route 761) and Cedar Hill Road (Route 671) with 6,300 VPD. All vehicle trips entering and exiting the subject site will travel north or south on Martinsburg Pike to access Interstate 81 (N or S). The Winchester Area Transportation Study (WATS) does not call for improvements to Martinsburg Pike north of Old Charlestown Road (Route 761); however the Applicant's proffer provides for dedicated right-of-way to VDOT for the fixture widening of Martinsburg Pike and provides for a single commercial entrance location on Martinsburg Pike to facilitate good access management. Furthermore, the Applicant's proffer provides for a prorated share of the cost of signalization improvements in the area of Interstate-81 Exit 321 to assist in the mitigation of off -site transportation impacts. The previous proffer statement provided for a maximum square footage of development, which projected an average daily traffic generation impact of 4,603 VPD. The revised proffer has provided for a maximum square footage of development, which projects an average daily traffic generation impact of 4,568 VPD. This revision has been discussed with VDOT and it was agreed that the transportation proffers from the previous rezoning would be appropriate to mitigate transportation impacts with the revised traffic projections provided that the volume was equal to or less than the volumes utilized in the previous rezoning application. Please reference Information Compiled From ITE Trip Generation, 71h Edition H3949/Impact Analysis statement 5 Greenway Engineering June 21, 2004 • Adams Development Group, Inc. Revised August 27, 2004 Revised February 18, 2005 D. SEWAGE CONVEYANCE AND TREATMENT The 59.71-acre parcel is located within the Route 11 North Sewer and Water Service Area (SWSA). There is a newly constructed 8" sanitary sewer force main adjacent to the Winchester and Western Railroad running north to south through the property. Based on comparable discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 500 gallons/day per acre is a reasonable guide for estimating the sewer impact for this commercial and industrial transition site. Q=500 gallons/day/acre Q=500 gpd x 59.71 acres Q=29,855 gpd The proposed zoning is estimated to add 29,855 gallons per day to the public sewage conveyance system and the Opequon Waste Water Treatment plant. The design capacity of the treatment plant is 8.4 million gallons per day, of which approximately 6.4 is currently being utilized. The total build -out of the proffered land uses would require approximately 1.5 percent of the available capacity at the Opequon Waste Water Treatment plant; therefore, adequate capacity is available for this development. E. WATER SUPPLY The 59.71-acre parcel is located within the Route 11 North Sewer and Water Service Area (SWSA). There is an existing 10" water main in Martinsburg Pike (Route 11) and a newly constructed 20" water main adjacent to the Winchester and Western Railroad naming north to south through the property. The existing water consumption patterns, Frederick County Sanitation Authority (FCSA) has determined that 1,000 gallons/day per acre quantity is reasonable to consider for the water impact analysis for this commercial and industrial transition site. Q=1000 gallons/day /acre Q=1000gpd X 59.71 acres for Q=59,710 gpd The proposed uses will utilize an estimated 59,710 gallons of water per day. The Global Chemstone Quarry is one of three sources contributing to the blended water for the new 20- inch water main. This quarry, with 3.75 million gallons per day available capacity, is serviced by a water treatment facility providing approximately 2 million gallons per day of potable water. The projected water usage at build -out would account for less than 3 percent of this portion of the blended water sources. Adequate capacity is available for this development. 113949/Impact Analysis Statement 6 Greenway Engineering F. SITL DRAINAGE June 21, 2004 Adams Development Group, Inc. Revised August 27, 2004 Revised February 18, 2005 The 59.71-acre parcel is gently sloped from the northwest to the southeast. The site generally drains southeasterly towards an intermittent stream (unnamed on USGS map) along the southern property line of the site. Stormwater management will be designed to allow for sheet flow through the paved areas serving the various uses to a stormwater management pond and then to be released to the existing natural stream system at an acceptable rate. The stream flows northeast, beneath Martinsburg Pike and into a small pond approximately a tenth of a mile northeast of the site. Stormwater management design will occur during the site development plan process, which will require approval by the Frederick County Engineer and the Virginia Department of Transportation. The design of the stormwater management facility will be implemented in a manner that will avoid any disturbance of the existing stream and any associated wetlands. The use of best management practice (BMP) facilities is proffered to minimize the impact from developed areas. The following calculations estimate the proposed storm water runoff for a ten-year flow (Reference: VDOT Drainage Manual): Existing C = 0.30 (pasture) I i o =4.6 in/lnr (15min) A = 59.71 acres Qio= 82.40 cfs (Q = CIA) Proposed C = 0.90 (commercial) I i o = 5.5 in/hr (10 min) A = 59.71 acres Qio= 295.56 cfs (Q = CIA) Development of the subject site at maximum build -out will therefore result in an increased runoff of 213.16 cfs. A detailed stormwater evaluation shall be included with any site plan submittals. A detention pond and other stormwater management facilities will be built to control storm water discharge into the above referenced unnamed stream. G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual business consumption of landfill volume figure of 5.4 cubic yards per 1,000 square feet of commercial floor area (Civil Engineering Reference Manual, 4"' edition). The following figures show the increase in average annual volume (based on the proffered 555,000 square feet of total building area minus the 140,000 square feet proffered to self-service storage, yielding 415,000 square feet of qualifying area). AV = 5.4 Cu. Yd. per 1,000 sq. ft. AV = 5.4 Cu. Yd. x 415 (1,000 sq. ft.) AV = 2,241 Cu Yd at build-out/yr or 1,793 tons/yr 113949/Impact Analysis Statement 7 Greenway Engineering June 21, 2004 10 Adams Development Group, Inc. Revised August 27, 2004 Revised February 18, 2005 The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. It is anticipated that the buildout of the subject site will occur over a 10-year period. Therefore, the annual solid waste generation from this project is estimated to be 180 tons. This represents a 0.09% increase in the solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. H. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies one structure within the immediate area of the subject property, that being Kenilworth (34-113). The Frederick County Rural Landmarks Survey identifies Kenilworth as a property "potentially eligible for the state and national register of historic places" (page 250). The Generalized Development Plan depicts the one hundred foot wide frill screen buffer the applicant will provide adjacent to the Kenilworth property. Along the 504 foot shared property line this buffer will contain a six foot high berm and more than one hundred and fifty trees and bushes. The subject site falls within the northwest corner of the core battlefield area boundary of the Second Winchester engagement (Stephensons Depot phase). However, due to the existing development surrounding the site, this area is identified as "having lost historic integrity". I. OTHER IMPACTS During the previous rezoning application, the Frederick County Capital Facilities Fiscal Impact Model was applied to the proffered development of 835,575 square feet of transitional industrial land use. The results of this model rum indicated that the development of the subject site would provide a positive revenue source to Frederick County of $5,402,768 at build -out; however the model run indicates a fiscal impact to Fire and Rescue Services. Therefore, the applicant proffered a monetary contribution $0.01 per square foot to adequately address the impact to Fire and Rescue Services for capital facilities costs which would generate a revenue of up to $8,355 at project build -out for Fire and Rescue Services. The revised proffer statement reduces the maximum structural development to 555,000 square feet; therefore, the revised proffer statement increases the Fire and Rescue monetary contribution to $0.015 per square foot which would generate a revenue of up to $8,325 at project build -out. No other impacts are anticipated as a result of this rezoning proposal. #3949/Impact Analysis statement 8 • Warehousing (150) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: 16 Average 1000 Sq. Feet GFA: 273 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 4.96 1.51 - 17.00 4.05 Data Plot and Equation 12,000 11,000 10,000 9,000 c 8,000 W .Lg. f— 7,000 U L 6,000 m 5,000 m Q 4,000 3,000 2,000 1,000 0 --•....................................... -----------------• . . . . . . . . . . . . . . . ------------. . . . . . . . . . . . . . . . ' <' ............ X := ..... ....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . X . ................ ''..........................................- .' ••.....----.......... - --... .....-- ...........------ .............,` ......--- ----- ----- -- ------- --------- 0 - --X.. ------------------------ �X X 1000 2000 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points Fitted Curve Fitted Curve Equation: T = 3.68(X) + 350.27 ------ Average Rate R2 = 0.82 Trip Generation, 7th Edition 199 Institute of Transportation Engineers Mini-Warehouse (151) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: 14 Average 1000 Sq. Feet GFA: 56 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 2.50 1.21 - 4.36 1.78 Data Plot and Equation z 400 300 200 100 0 10 20 30 40 50 60 70 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points Fitted Curve Fitted Curve Equation: Ln(T) =1.01 Ln(X) + 0.82 80 90 100 110 ------ Average Rate R2 = 0.73 Trip Generation, 7th Edition 227 Institute of Transportation Engineers General Office Building (710) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: 78 Average 1000 Sq. Feet GFA: 199 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 11.01 3.58 - 28.80 6.13 Data Plot and Equation i 15,001 14,00( 13,00( 12,00C 11,00C 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 vv �vv JUU X Actual Data Points 4UU bUU 600 700 800 X = 1000 Sq. Feet Gross Floor Area Fitted Curve Fitted Curve Equation: Ln(T) = 0.77 Ln(X) + 3.65 900 1000 1100 1200 1300 ------ Average Rate R2 = 0.80 Trip Generation, 7th Edition 1158 Institute of Transportation Engineers Buil ing Materials and Lum er Store (812) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Saturday Number of Studies: 4 Average 1000 Sq. Feet GFA: 9 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 51.60 43.70 - 75.86 12.58 Data Plot and Equation 1,100 1,000 900 U) 800 a W ,z 700 U L 600 N t�C 500 Q II ~ 400 300 200 100 Caution - Use Carefully - Small Sample Size - - - - - - - -- • - - - -- • - - - • • . . ... • . .. . . . . . . . . . . . • . . • • . . • . • . . . . .. - - - - - - - - . . . - ; . . . .. . -- . - - -- ,- . . .. , .. , . y- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points Fitted Curve ----" Average Rate Fitted Curve Equation: T = 36.75(X) + 137.21 R2 =1.00 Y Y Trip Generation, 7th Edition 1323 Institute of Transportation Engineers Y Land Use: 860 Wholesale Market Independent Variables with One Observation The following trip generation data are for independent variables with only one observation. This information is shown in this table only; there are no related plots for these data. Users are cautioned to use data with care because of the small sample size. Trip Size of Number Generation Independent of Independent Variable Rate Variable Studies Directional Distribution EmDlovees Weekday 8.21 250 1 50% entering, 50% exiting Weekday a.m. Peak 0.61 250 1 Not Available Hour of Adjacent Street Traffic Weekday p.m. Peak 0.26 250 1 Not Available Hour of Adjacent Street Traffic Weekday a.m. Peak 0.70 250 1 Not Available Hour of Generator Weekday p.m. Peak 0.64 250 1 Not Available Hour of Generator Saturday 1.94 250 1 50% entering, 50% exiting Saturday Peak Hour of 0.22 250 1 Not Available Generator Sunday 2.80 250 1 50% entering, 50% exiting Sunday Peak Hour of 0.28 250 1 Not Available Generator 1.000 Sauare Feet Gross Floor Area Weekday 6.73 305 1 50% entering, 50% exiting Weekday a.m. Peak 0.50 305 1 Not Available Hour of Adjacent Street Traffic Weekday p.m. Peak 0.21 305 1 Not Available Hour of Adjacent Street Traffic Weekday a.m. Peak 0.58 305 1 Not Available Hour of Generator Weekday p.m. Peak 0.52 305 1 — -Not-Available Hour of Generator Saturday 1.59 . 305 1 50% entering, 50% exiting Saturday Peak Hour of 0.18 305 1 Not Available Generator Sunday 2.30 305 1 50% entering, 50% exitin Sunday Peak Hour of 0.23 305 1 Not Available Generator Trip Generation, 7th Edition 1577 Institute of Transportation Engineers ti LAIJ DD)-CDD- ZO t COL) y D CD Lo 0 D cD H 00 N M c''1 0 5; .w k �1* o cn o U H x ra T �b �¢ Lr) 1 zr N co ON U300154ti0 U ` THIS DEED made and dated this 16th day of July, 2003, by and between BROWN LOVETT, JR., by his Attorney -in -Fact, Catherine C. Lovett, party of the first part, hereinafter called the Grantor; and THE ADAMS DEVELOPMENT GROUP INC., a West Virginia corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration,, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with general warranty of title, unto the Grantee, in fee simple absolute, all of his right, title and interest in and to the following property: All of that certain lot or parcel of land together with all improvements thereon and appurtenances thereunto belonging, containing 64.4.5 acres, situate in Stonewall Magisterial District, Frederick County, Virginia; AND BEING the same land in which Brown Lovett, Jr. acquired an undivided one -sixth (1/6) interest by Deed from Bruce E. Lovett, et ux, dated March 20,1978, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 489 at Page 728, an undivided one-half (%z) interest by Deed from William O. Lovett, et ux, dated February 15, 1983, of record in the aforesaid Clerk's Office in Deed Book 556 at Page 797, and an undivided one-third (1 /3) interest by inheritance from his late father, Brown Lovett. The land herein conveyed ism gross and not by the acre. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the ` CY% Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: Li- �lr/h! OC P-fi(SEAL) CATHERINE C. LOVETT, Attorney -in -Fact for BROWN LOVETT, JR. COMMONWEALTH OF VIRGINIA, AT -LARGE: CITY OF WINCHESTER, to -wit: I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that Catherine C. Lovett, whose name is signed to the foregoing Deed dated the 16th day of July, 2003, as Attorney -in -Fact on behalf of BROWN LOVETT, JR., has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. GIVEN under my hand this / ,;! day of July, 2003. —/ Z Lmj (SEAL) Notary Public My Commission Expires: IU This document prepared by: - Stephen G. Butler, Esquire �,t'' V KUYKENDALL, JOHNSTON, McKEE & BUTLER, P.L.C. 112 South Cameron Street P. O. Drawer 2097 VIRGINIA.- FREDERICK COUNTY, SCT- Winchester, VA 22604 (540) 662-3486 This instrument of writing was produoaci to me on at n with rtioun- ficate of acknowledgement ther t' annexed was admitted to record. T imposed by Sec. 58.1-802 of oa $ �,and 58.1-801 have been paid, if assessable Clerk 0 VICINITY MAP SURVEYORS CERTIFICATE I, EDWARD W. DOVE, A DULY CERTIFIED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA DO HEREBY CERTIFY THAT THE LAND SHOWN HEREON IS NOW IN THE NAME OF THE ADAMS DEVELOPMENT GROUP, INC. AND WAS ACQUIRED BY THEM BY DEED FROM BROWN LOVETT, JR. BY HIS ATTORNEY -IN -FACT, CATHERINE C. LOVETT. THE DEED WAS DATED JULY 16. 2003, AND RECORDED AT INSTRUMENT #030015420 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. I FURTHER CERTIFY THAT THE SURVEY IS CORRECT TO THE BEST OF MY KNOWLEDGE. `SURVEYOR STATE OF VIRGINIA COUNTY OF FREDERICK, TO -WIT: I, GREGORY R. SHAUGHNESSY, A NOTARY PUBLIC IN AND FOR THE STATE OF VIRGINIA AND COUNTY OF FREDERICK, DO HEREBY CERTIFY THAT THIS DAY PERSONALLY APPEARED BEFORE ME EDWARD W. DOVE, WHOSE NAME IS SIGNED TO THE FOREGOING INSTRUMENT DATED 3RD DAY OF SEPTEMBER, 2003, AND ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE AND COUNTY AFORESAID. GIVEN UNDER MY HAND THIS 3RD DAY OF SEPTEMBER. MY COMMISSION EXPIRES NOVEMBER 30. 2005. NOTARY PUBLIC BOUNDARY SURVEY ON THE PROPERTY OF THE ADAMS DEVELOPMENT GROUP, INC. INSTRUMENT #030015420 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA iriiS PLAT HAS StEN PNEPARED WITHOUT THE BFNEFIT OF A TITLE REPORT AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. DATE: DULY 29, 2003 SCALE: 1' 400' = OWNER: THE ADAMS DEVELOPMENT GROUP, INC. W.O. # D2014 �p,LTH OF FLOOD NOTE - ZONE: C COMMUNITY NO: 510063 PANEL: 0110 B DATE: 7-17-78 Q C, Dm ENGINEERS U PLANNERS EDWARD W. DOVE & ASSOCIATES SURVEYORS 54-17- 3(A) 964 3078 SHAWNEE DRIVE 'e p4' P.O. BOX 2033 1 OF 2 ,SUIZN , WINCHESTER, VIRGINIA 22601 (540)667-1 103 doveinc®visuollink.com ar O° Go ��� OF �0 RF PARCEL B N 53'29' 14" W 207029.4 SO. FT. 242.44' 4.753 ACRES RF N 53'29'14" W 62.22' IRS N S7. 5703� 18 �� C L OF 03 F 7 4 36 R 64)6 Z RAILROAD TRACKS 4292?. !\2' SANITARY VDH MANHOLE WATER k k MONUMENT VALES 35.26' V .A S 70'58'30" E ZE ?AYNF' C L A RU 4 B RF NEAR DEED 9'n_6K 38i PG 225 FENCE o N VDH MONUMENT (D ^RNI)CFF CHARLES W 7_CNEI; iri'i n o DEED B04K 415 PG 217 USE C^iviifl" RICAL ao ZONEI) RA S 'L4' 31 ' 46" W USE R-1-3IDIDNIIAL PARCEL A 182.63 m I 2,393,839.800 POST J 54.955 ACRES POST G cn -'UL° jNS D 3CRg1' a 9v K 64 7 PG 3 , LI rn 7_C!i QA r i :.'SE RES:L:EN IIIAL POST CA BARN 03 W" DER ANN H m; 3C•OK 415 PG 4" S 76'21'26" W m ZONE-0 RA co 73.30' L!SE RESi;El= S 70'36'46" W 346.2' 94.54' FLCRENCF BC-K 4-13 PG (1 WHRE ELVf OD L A OEM L S 29'31'26" W ZC;NED Rik rNsr..010003230 47.75 (D USE RESi^E,\? L u� RESIDENTIAL Ct*D RARF RF S 27'59'06" W CID N 165.49' It cl S 70' 17'26" W R ,n '1i`' ` I�CRC'� POST _ 0i1o66i1)1 40.60' RF POST ZCNE;: RF. U.S. ROUTE 11 R/W VARIES- R=2784.79 435.42' USE7 RES'DEN"AL RS = 41.40' S 28'23'30 W IR POST_ - S-- DoW:VEST R0VAn D. Gras DAwo s----___ -- INsr..o l 000mee D® Dc'm 400 PO I" N 62 0 ' 4 6 " W p ZONED RA zoNm RA use 186.36' AO c ra�ooalAL USE �� ARAC PROPE'ZpY E=::f,NUEL CHURCH�0C 2rr7 rn O A BOUNDARY SURVEY ON THE PROPERTY OF THE ADAMS DEVELOPMENT GROUP, INC. INSTRUMENT #030015420 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA T}1IS PLAT HAS BEEN PREPARED WITHOUT THE DENEFIT OF A 711LE REPORT AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. OWNER: THE ADAMS DEVELOPMEN 1 GROUP, INC. FLOOD NOTE — ZONE: C COMMUNITY NO: 510063 PANEL: 0110 ENGINEERS l*w PLANNERS & jA=IATES SURVEYORS 3078 SHAWNEE DRIVE P.O. BOX 2033 WINCHESTER, VIRGINIA 22601 (540)667-1 103 THIS IS TO CERTIFY THAT ON JULY 29, 2003 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON, AND THAT THERE ARE NO EASE— MENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. NOTES: 1. TAX ASSESSMENT MAP NO. 44—A-75 2. CURRENT INSTRUMENT IN CHAIN OF TITLE IS #030015420 3. RF= REBAR FOUND, RS= REBAR TO BE SET DALE: JULY 29, 2003 SCALE: 1" = 400' W.O. # D2014 , 'H op L .r B DATE: 7-17-78 Q; U EDWARD W. DOVE 9 CERT. NO. 54-17-3(A) 964 2 OF 2 sURN doveinc®visuallink.com • C� Date: 2/18/05-. - COUNTY OF FREDERICK Time: 08:59:00 LAURA J. TURNER 000008933 Cust.Transactions: Trans. Type: PAY Dept/Bill#: RE2004 00338010002 P/I Date: 2/18/2005 2/18/2005 Name: _THE ADAMS DEVELOPMENT GROUP, INC Bill Date: 12/06/2004 Half: 2 Name 2: Address: _ Map#: 44 A 75 HC 34, BOX 30 BLOOMERY, WV Zip: 26817 - 0000 Desc: 59.70 ACRES MMMMMDDSSLLLLS Acreage: 39.89 Dist/Cls 05 / 02 Mortg.Co.: SSN: 000 - 00 - 0000 000 - 00 - 0000 Status: Land: $199,500 Improve: $0 Original Bill: $728.17 Credits: $728.17 Penalty Paid: $.00 Int Paid: $.00 Amount Owed: $.00 Other: $.00 Total Owed: $.00 Penalty: $.00 Prin. being Paid: Aging: Penalty being Paid: Interest being Paid: Total Amount Paid: F1=Amt Tender Date: 2/18/05 Promise to Pay Date: F2=Next Ticket F3=Exit Use: $0 Discount: $.00 Last Date: 12/01/2004 Setoff Claim #: 00000000 Interest: $.00 Dpt/Act ode COUNTY OF FREDERICK F10=Funct Menu Time: 08:58:50 LAURA J. TURNER • 000008933 Cust.Transactions: Trans. Type: PAY Dept/Bill#: RE2004 00338010001 P/I Date: 2/18/2005 2/18/2005 Name: THE ADAMS DEVELOPMENT GROUP, INC Bill Date: 6/06/2004 Half: 1 Name 2: Address: _ Map#: 44 A 75 HC 34 BOX 30 BLOOMERY, WV Zip: 26817 - 9705 Desc: 39.89 ACRES MMMMMDDSSLLLLS Acreage: 39.89 Dist/Cls 05 / 01 Mortg.Co.: SSN: 000 - 00 - 0000 000 - 00 - 0000 Status: Land: $199,500 Improve: $0 Use: $0 Original Bill: $728.18 Credits: $728.18 Discount: $.00 Penalty Paid: $.00 Int Paid: $.00 Last Date: 6/10/2004 Amount Owed: $.00 Other: $.00 Setoff Claim #: 00000000 Total Owed: $.00 Penalty: $.00 Interest: $.00 Prin. being Paid: Aging: o Dpt/Act ode Penalty being Paid: Interest being Paid: Total Amount Paid: Promise to Pay Date: F1=Amt Tender F2=Next Ticket F3=Exit F10=Funct Menu Rezoning Application - Location Map Application Review Fee Pile 42185R/GAW Special Limited Power of Attorney Agreement ■ Pile 42185R/GAW Proffer Statement File #2185R/EAW FREDERICK COUNTY PLANNING & DEVFLrC "^SNIT FRECERICK COUNTY & DEVELOPMENT Impact Analysis Statement File #2185R/EAW Deed to Property Verification of Taxes Paid Pile #2185R/GAW Ili 11i� F 3 1 8 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT ADAMS DEVELOPMENT GROUP, INC. REZONING APPLICATION Stonewall Magisterial District Frederick County, Virginia TM 44-((A))-75 59.71 Acres February 18, 2005 Current Owner: ADAMS DEVELOPMENT GROUP, INC. ROBERT C. ADAMS, PRESIDENT Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 C� GiREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 Telephone`i40-662-41.8.5 Engineers FAX 540-722-952B .Surveyors www.green'wayeng.cs0M M COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING March 30, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-05 FOR ADAMS DEVELOPMENT GROUP On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 13, 2005, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 02-05 of Adams Development Group, submitted by Greenway Engineering, to revise proffers attached to Rezoning 911-04 of Adams Development Group concerning the rezoning of 59.708 acres to B3 (Industrial Transition Business) District. This property fronts on the west side of Martinsburg Pike (Route 11 North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified by Property Identification Number (PIN) 44-A-75. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 a This is to certify that the attached correspondence was mailed to the following on /3 0 0 from the Department of Planning and Development, Frederick County, Virginia: 44 - A- - 62- 44 - A- - 75- COOK, DONALD E & KIMBERLY K THE ADAMS DEVELOPMENT GROUP, INC HC 34, BOX 30 PO BOX 39 BLOOMERY, WV 26817 STEPHENSON,VA 22656.0039 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 a P pL1 , 44 - A- - 2- MORELAND, ROBERT L. 162 MORELAND LN (� I� 44 - A- - 63- EMMANUEL UNITED METHODIST 2732 MARTINSBURG PIKE STEPHENSON,VA 22656.1712 44 - A- - 70- SOUTH END HOSE CO., LC CLEARBROOK, VA. 22624.1756 44 - A- - 3- PAYNE, GARY L & PAMELA L PO BOX 121 STEPHENSON,VA 22656.0121 44 - A- - 60. OATES, WELDON G & ALICE C 2674 MARTINSBURG PIKE STEPHENSON,VA 22656.1743 44 -A- - 61- BAILEY, ERNEST R & MARY K TRUSTEES PO BOX 43 STEPHENSON,VA 22656.0043 STATE OF VIRGINIA COUNTY OF FREDERICK 159 N LOUDOUN ST WINCHESTER, VA 22601-4717 44 - A- - 72- DEMOREST, RICHARD D PO BOX 233 CLEARBROOK, VA 22624.0233 44 - A- - 74- WRIGHT, ROBERT A & TAMMY L 2687 MARTINSBURG PIKE STEPHENSON,VA 22656.1719 Candice E. Perkins, Planner II Frederick County Planning Dept. I, / LAC , a Notary Public in and for the State and County aforesaid, do ereby certify that CanAce E. Perkins, Planner II for the Departi ent of Planning and Development, whose name is signed to the foregoing, dated �o n-_ , has personally appeared before me and acknowledged the saine in my State an6 County aforesaid. Given under my hand this 30 day of gas My commission expires on �UU NOTARY IVBLIC �J � 44 - A- - 75-A r ORNDOFF, CHARLES W. e M 2897 MARTINSBURG PIKE STEPHENSON, VA 22656.1721 44 - A- - 76- MAY, EDWARD M & JUANITA A 900 VIRGINIA AVE MARTINSBURG, WV 25401.7484 44 - A- - 76-A MULLINS, DEBORAH A. PO BOX 243 STEPHENSON, VA. 22656.0243 44 - A- - 76-B CONARD, FLORENCE H. CID FLORENCE SHUSTER PO BOX 202 STEPHENSON, VA. 22656.0202 44 - A- - 76-C WILDER, ANN H. PO BOX 251 STEPHENSON, VA. 22656.0251 44 - A- - 76-D HIETT, DOROTHY L 203 PLEASANT AVE APT H52 KINGWOOD, WVA 26537.1639 44 - A- - 89- APAC-VIRGINIA, INC TAX DEPT PO BOX 2430 ALPHARETTA, GA 30023.2430 44 - A- - 89-A FRANKLIN, L F & SONS INC C/O APAC VIRGINIA INC PO BOX 14000 LEXINGTON, KY 40512.4000 44 - 1- - D- PAYNE, 0. L. & RUTH B. PO BOX 160 STEPHENSON, VA. 22656.0160 44 - A- - 73- WHITE, ELWOOD L & BETTY L 2695 MARTINSBURG PIKE STEPHENSON, VA 22656.1745 9 ��l/�� • �Yj�'OCC f� Adjoining Property Owners TO: Barbara - Data Processing FROM: Bev - Plan ing Dept. Please print sets of labels by: -3 2a THANKS111 Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Robert L. MORELAND 162 Moreland Lane Clearbrook, VA 22624 Property # 44-A-2 Name Gary L. and Pamela L. PAYNE P.O. Box 121 Stephenson, VA 22656 Property # 44-A-3 Name Weldon G. and Alice C. OATES 2674 Martinsburg Pike Stephenson, VA 22656 Property # 44-A-60 Name Ernest R. and Mary K. BAILEY, Trustees P.O. Box 43 Stephenson, VA 22656 Property # 44-A-61 Name Donald E. and Kimberly L. COOK P.O. Box 39 Stephenson, VA 22565 Property # 44-A-62 Name Emmanuel United Methodist Church 2732 Martinsburg Pike Stephenson, VA 22565 Property # 44-A-63 Name Emmanuel United Methodist Church 2732 Martinsburg Pike Stephenson, VA 22565 Property # 44-A-64 Name David B. GRIM 159 N. Loudoun Street Winchester, VA 22601 Property # 44-A-70 Name David B. GRIM 159 N. Loudoun Street Winchester, VA 22601 Property # 44-A-71 w Name and Property Identification Number Address Name Richard D. DEMOREST P.O. Box 233 Clearbrook, VA 22624 Property # 44-A-72 Name Robert A. and Tammy L. WRIGHT 2687 Martinsburg pike Stephenson, VA 22656 Property # 44-A-74 Name Charles W. ORNDOFF 2897 Martinsburg Pike Stephenson, VA 22565 Property # 44-A-75A Name Florence H. SHUSTER, et al P.O. Box 202 Stephenson, VA 22565 Property # 44-A-76 Name Deborah A. MULLINS P.O. Box 243 Stephenson, VA 22565 Property # 44-A-76A Name Ann H. WILDER P.O. Box 251 Stephenson, VA 22565 Property # 44-A-76B Name Florence H. CONARD PO. Box 202 Stephenson, VA 22565 Properly # 44-A-76C Name Dorothy L. HIETT P.O. Box 380 Arthurdale, WV 26520 Property # 44-A-76D Name APAC-Virginia, Inc. P.O. Box 14000 Lexington, KY 40512 Property # 44-A-89 Name L. F. Franklins & Sons, Inc. c/o APAC-Virginia, Inc. P.O. Box 14000 Lexington, KY 40512 Property # 44-A-89A Name 0. L. and Ruth B. PAYNE P. 0. Box 160 Stephenson, VA 22565 Property # 44-1-D l COUNTY of FREE DERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 2, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-05 FOR ADAMS DEVELOPMENT GROUP On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, March 16, 2005, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #02-05 of Adams Development Group, submitted by Greenway Engineering, to revise proffers attached to Rezoning # 11-04 of Adams Development Group concerning the rezoning of 59.708 acres to B3 (Industrial Transition Business) District. This property fronts on the west side of Martinsburg Pike (Route 11 North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified by Property Identification Number (PIN) 44-A-75. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 3 1 ` Ay from the Department of Planning and Development, Frederick County, Virginia: 44 - A- - 75- THE ADAMS DEVELOPMENT GROUP, INC HC 34, BOX 30 BLOOMERY, WV 26817 Mr. Mark D. Smith, P.E., L.S. > (v Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 4 PpLI. 44 - A- - 2- MORELAND, ROBERT L. 162 MORELAND LN CLEARBROOK, VA. 22624.1756 44 - A- - 3- PAYNE, GARY L & PAMELA L PO BOX 121 STEPHENSON,VA 22656.0121 44 - A- - 60- OATES, WELDON G & ALICE C 2674 MARTINSBURG PIKE STEPHENSON,VA 22656.1743 44 - A- - 61- BAILEY, ERNEST R & MARY K TRUSTEES PO BOX 43 STEPHENSON,VA 22656.0043 STATE OF VIRGINIA COUNTY OF FREDERICK 44 - A- - 62- COOK, DONALD E & KIMBERLY K PO BOX 39 STEPHENSON,VA 22656.0039 44 - A- - 63- EMMANUEL UNITED METHODIST 2732 MARTINSBURG PIKE STEPHENSON,VA 22656.1712 44 - A- - 70- SOUTH END HOSE CO., LC 159 N LOUDOUN ST WINCHESTER,VA 22601.4717 44 - A- - 72. DEMOREST, RICHARD D PO BOX 233 CLEARBROOK,VA 22624.0233 Candice E. Perkins, Plaruier II Frederick County Planning Dept. I, / , a Notary Public in and for the State and County aforesaid, do hereby certify that C i(lice E. Perkins, Planner II for the Depar ment of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of 0 J)N My commission expires on J� boo NOTARYjftJBLIC - 0 V Le�'--K 44 - A- - 74- WRIGHT, ROBERT A & TAMMY L 2687 MARTINSBURG PIKE STEPHENSON,VA 22656.1719 44 - A- - 75-A ORNDOFF,CHARLES W. 2897 MARTINSBURG PIKE STEPHENSON,VA 22656.1721 44 - A- - 76- MAY, EDWARD M & JUANITA A 900 VIRGINIA AVE MARTINSBURG, WV 25401.7484 44 - A- - 76-A MULLINS, DEBORAH A. PO BOX 243 STEPHENSON,VA. 22656.0243 44 - A- - 76-B CONARD, FLORENCE H. C/O FLORENCE SHUSTER PO BOX 202 STEPHENSON,VA. 22656.0202 44 - A- - 76-C WILDER, ANN H. PO BOX 251 STEPHENSON,VA. 22656-0251 44 - A- - 76-D HIETT, DOROTHY L 203 PLEASANT AVE APT H52 KINGWOOD, WVA 26537.1639 44 - A- - 89- APAC-VIRGINIA, INC TAX DEPT PO BOX 2430 ALPHARETTA, GA 30023.2430 44 - A- - 89-A FRANKLIN, L F & SONS INC CIO APAC VIRGINIA INC PO BOX 14000 LEXINGTON, KY 40512.4000 44 - 1- - D- PAYNE, 0. L. & RUTH B. PO BOX 160 STEPHENSON,VA. 22656.0160 44 - A- - 77- ORNDOFF, CHARLES W. 2897 MARTINSBURG PIKE STEPHENSON,VA 22656-1721 44 - A- - 73- WHITE, ELWOOD L & BETTY L 2695 MARTINSBURG PIKE STEPHENSON,VA 22656.1745 TO: Barbara - Data Processing FROM: Bev - Plan ing Dept. Please print sets of labels by: 3 2a S THANKSM Adjoining Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Robert L. MORELAND 162 Moreland Lane Clearbrook, VA 22624 Property # 44-A-2 el" Name Gary L. and Pamela L. PAYNE P.O. Box 121 Stephenson, VA 22656 Property # 44-A-3 ,/ Name Weldon G. and Alice C. OATES 2674 Martinsburg Pike Stephenson, VA 22656 Property # 44-A-60 X Name Ernest R. and Mary K. BAILEY, Trustees P.O. Box 43 Stephenson, VA 22656 Property # 44-A-61 r Name Donald E. and Kimberly L. COOK P.O. Box 39 Stephenson, VA 22565 Property # 44-A-62 Name Emmanuel United Methodist Church 2732 Martinsburg Pike Stephenson, VA 22565 Property # 44-A-63 z Name Emmanuel United Methodist Church 2732 Martinsburg Pike Stephenson, VA 22565 Property # 44-A-64 Name David B. GRIM 159 N. Loudoun Street Winchester, VA 22601 Property # 44-A-70 Name David B. GRIM 159 N. Loudoun Street Winchester, VA 22601 Property # 44-A-71 Name and Property Identification Number Address Name Richard D. DEMOREST P.O. Box 233 Clearbrook, VA 22624 Property # 44-A-72 Name Robert A. and Tammy L. WRIGHT 2687 Martinsburg pike Stephenson, VA 22656 Property # 44-A-74 Name Charles W. ORNDOFF 2897 Martinsburg Pike Stephenson, VA 22565 Property # 44-A-75A z Name Florence H. SHUSTER, et al P.O. Box 202 Stephenson, VA 22565 Property # 44-A-76 Name Deborah A. MULLINS P.O. Box 243 Stephenson, VA 22565 Property # 44-A-76A 'f Name Ann H. WILDER P.O. Box 251 Stephenson, VA 22565 Property # 44-A-76B X Name Florence H. CONARD PO. Box 202 Stephenson, VA 22565 Property # 44-A-76C l Name Dorothy L. HIETT P.O. Box 380 Arthurdale, WV 26520 Property # 44-A-76D Name APAC-Virginia, Inc. P.O. Box 14000 Lexington, KY 40512 Ile Property # 44-A-89 Name L. F. Franklins & Sons, Inc. c/o APAC-Virginia, Inc. P.O. Box 14000 Lexington, KY 40512 Property # 44-A-89A % Name O. L. and Ruth B. PAYNE P. O. Box 160 Stephenson, VA 22565 Property # 44-1-D N V S E REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGPiIA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: � REQUESTED COMPLETION DATE: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: FAX: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional information on back of request)_ DIGITAL: PAPER: FAX: -- SIZES: COLOR: BLACK/W-HITE: NUMBER OF COPIES: STAFF MEMBER - COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: . : P 1 AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)