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HomeMy WebLinkAbout009-90 Whitehall Business Pk - Stonewall District - BackfileRECEIPT 023024 AMOUNT DUE r e� 81BA_LAN E DOE ,PAID BY CASH CHECK/ IOTHER (ULLIUACK COUNTly DEPT. 01 PUJT,'.. u AND DEVELOPMENT P.O. DOX 601 • 9 CCURT SQUARE Wi;.CHES-iER, VIRGINIA 2 601 • (703) 665-5651 DAY TIMERS RE -ORDER No 3221 — rm d in USA I REZONING CHECKLIST The application is not complete if the followings are not present: Submission Package ,v/ 6-/ 1. Comment sheets from the following agencies along with any marked copies of the plan: VDOT City of Winchester Co. San. Auth. Inspections Dept. 1/ Fire Marshall County Attorney VI 2. application form 3. location map t✓ 4. survey 5. deed TRACKING DATE f�D Application Received ✓ Co. Hlth. Dept. Parks & Rec. Airport Authority L' G. taxes paid statement 7. sign received 2. fees paid 9. impact analysis 10. proffer statement Rezoning forwarded to consulting engineer, if required. Ll— Consultation held with planning staff J01111V Rezoning reviewed by Zoning Review Committee -Vj;9,(1(to Adjoiner notifications mailed for PC public hearing 1 6n190 Tabled., c Yo Rezoning heard by PC �© Public hearing date set by BOS I I10]g0 Ordinance of amendment with conditions proffered _prepared for BOS f ��l _qo Adjoiner notifications M ailed for BOS pubi..i_c hearing / /.2 9D Rezoning heard by BOS opt, 01-bq-gf < >ning *nap amended updated Reee. zoning �records 550 �U} /-�C.c'c'f.?•i � Cy4 •�, Fi L 35"`') �'7��.30, j �:, jo+',1 -- ,a`1 •`dC� J FREDERICK COUNTY PUBLIC RECORDS REQUEST FORM REQUESTOR' S NAME: P A 2 C S 'n ADDRESS: PC V TELEPHONE NUMBER: 7 PUBLIC RECORD(S) SOUGHT AND AMOUNT NEEDED (SEE BREAKDOWN ON PAGE. 3 OF FOIA REQUEST FORM): Please Note the Applicable FOZA Procedures The Virginia Freedom of Information Act (Virginia Code Section 2.2-3700, et. seq.) provides for inspection and copying of the official public records of the County of Frederick by citizens of the Commonwealth and media representatives. The procedures for inspecting or obtaining copies of County of Frederick public record(s) are as follows: 1) A request must be submitted to the County of Frederick identifying the public record(s) sought with reasonable specificity. 2) The County of Frederick will act diligently to locate and produce requested public records. However, the Freedom of Information Act allows five (5) work days to respond, and citizens should not expect the county's response to be instantaneous. If an extraordinary volume of records is requested, the county will advise the requestor in writing within the five (5) work day period which provides the county with an additional seven (7) work days to respond by statute. P") 'r S ��ZvS �.� ( COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 FAX 703/667-0370 December 19, 1990 Mr. Henry Buettner 720 South Braddock Street Winchester, Virginia 22601 Dear Mr. Buettner: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of December 12, 1990. Rezoning application #009-90 of Whitehall Business Park was approved for the rezoning of 15.03 acres from RA (Rural Areas) to M-1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B- 3 (Industrial Transition). This property is located at the southwest intersection of I-81 and Route 669 in the Stonewall Magisterial District and is identified as parcels 91A and 91B on tax map 33 and parcels 4 and 5 on tax map 33A. If you have any questions regarding the approval of this rezoning, do not hesitate to call this office. Please return your rezoning sign at your earliest convenience so we may begin the process of refunding your $25.00 deposit. Sincerely, Robert W. Watkins Planning Director RWW/slk cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court C. William Orndoff, Jr. Treasurer 9 Court Square - P.O. Box 601 - Winchester, Virginia 22601 AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Approvals: Planning Commission December 5, 1990 with proffers Board of Supervisors December 12, 1990 with proffers AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #009-90 of WHITEHALL BUSINESS PARK WHEREAS, Rezoning application #009-90 of Whitehall Business Park to rezone 15.03 acres from RA (Rural Areas) to M1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B3 (Industrial Transitional) located at the southwest intersection of I-81 and Route 669 in the Stonewall District, and designated as parcels 4 and 5 on tax map 33A (33AOOA000000000000040 and 33AOOA000000000000050) and parcels 91A and 91B on tax map 33 (33000A00000000000091A and 33000A00000000000091B), was referred to the Planning Commission on December 5, 1990; and WHEREAS, the Planning Commission held a public hearing on this application on December 5, 1990; and WHEREAS, the Planning Commission received a draft statement of conditions proffered prior to the public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this application on December 12, 1990; and WHEREAS, the Board of Supervisors received a signed statement of conditions proffered prior to the public hearing; and WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience and good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 15.03 acres from RA (Rural Areas) to M1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B-3 (Industrial Transitional) located at the southwest intersection of I-81 and Route 669 and is designated as parcels 4 and 5 on tax map 33A (33AOOA000000000000040 and 33AOOA000000000000050 and parcels 91A and 91B on tax map 33 (33000A00000000000091A and 33000A00000000000091B)as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner as follows: November 21,1990 Frederick County Board of Supervisors Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 Reference: Whitehall Business Park Rainbow Group Property I-81 & Rt. 669 Frederick Co.. Va. We the undersigned, sole owners of land to be rezoned under rezoning request number 009-90, referred to as the Whitehall Business Park rezoning, and the applicant for said rezoning, hereby, voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of both the applicant and owners. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. There will be two ponds provided to serve as sources of water supply for fire protection; one towards the northern portion and one towards the southern portion of the property. An easement will be provided to guarantee access of the local fire departments to the water supply. One well shall be provided with each pond to maintain a year-round water level. The design of easements and ponds shall be agreed to by the Fire Marshal and The Rainbow Group for adequacy as a source of water for fire protection. The approximate location of ponds shall be shown on the master development plan before any site plan is approved. At least one pond shall be provided before any occupancy permit is issued on the site. The second pond shall be provided as shown on the master development plan when the site containing said pond is developed. 2. Deeds shall specify that property owners will maintain ponds for fire protection. 3. The Rainbow Group and/or assigns will record architectural and development standards/restrictions/covenants and enforce all recorded standards. These shall include provisions for minimum architectural standards, site maintenance, landscaping and facility maintenance, These will include a requirement for an architecturally designed front facade visible from Interstate 81. Loading areas shall be on the west side of buildings. 4., A storm water management system will be described on the master development plan. The ponds may be used for detention if appropriate. S. Buildings shall be shown on the site plans located between outdoor storage areas and boundaries of the property adjacent to Interstate 81, 6. A master development plan will be submitted for approval by the County before any site plans or subdivisions are submitted. 7. A complete opaque vegetative or other screen shall be provided, before any occupancy permit is issued, on the site between the primary entrance from Route 669 and adjoining properties containing residential uses. The screening shall be designed to not interfere with sight distance on Route 669. 8. Each separate lot shall be provided direct access to a road dedicated for state maintenance. The access road or roads shall be constructed at the time each lot is developed. No occupancy permit shall be approved on any lot until plans for the road have been approved by the Virginia Department of Transportation, the road has been constructed to said lot and the road has been dedicated to said lot for acceptance by the Virginia Department of Transportation. 9. Deeds for each lot shall establish a property owners association according to the requirements of the Frederick County Code. THE RAINBOW GROUP: Henry CoBuettner, Jr. Ronald S. Simkhovitch WHITEHALL BUSINESS PARK "Virginia's First Business and Industrial Park" This ordinance shall be in effect upon its passage. Passed this 12th day of December, 1990. A Copy Teste John R. Riley, Jr. Frederick County Administrator December 5, 1990 RAINBOW GROUP The deed shall contain the following restrictions which shall appear in all deeds for all building sites. 1. No abandoned nor unlicensed vehicles shall be retained on the building sites. 2. All business property shall be kept neat and clean. Grass and shrubbery should be kept trimmed. 3. All trash and debis shall be.kept in a closed container and disposed of in a timely fashion from rear of building. 4. All businesses shall have the front land areas of buildings landscaped to present a pleasant appearance. 5. Building designs shall be reviewed witn members of the Rainbow Group for approval. THE RAINBOW GROUP: enryC Buettner, Jr. Ronald S. Simkhovitc WHITEHALL BUSINESS PARK REZONING APPLICATION #009-90 WHITEHALL BUSINESS PARR TO REZONE 15.03 acres from RA (Rural Areas) to M-1 (Light Industrial) 34.25 acres from RA (Rural Areas) to B-3 (Industrial Transition) LOCATION: Southwest intersection of I-81 and Route 669 MAGISTERIAL DISTRICT: Stonewall TAX MAP & PARCEL NO.: Tax map 33, parcel no's 91A, 91B / Tax map 33A, parcel no's 4 and 5 PRESENT ZONING & LAND USE: Vacant agricultural uses, zoned RA, Rural Areas ADJACENT ZONING & LAND USE: Agricultural and residential uses, zoned RA, Rural Areas PROPOSED USE: Whitehall Business and industrial park REVIEW EVALUATIONS: Va. Dept. of Transportation: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual Fourth Edition for review. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Dept This request for Rezoning approval, shall comply to Use Group of the BOCA National Building Code 111987". Use Group will be determined at time of plans review. Health Department: The Health Dept. has no objection to the proposed usage of the seven (7) lots approved for septic system drain fields, as long as all statutory regulations are met. Page 2 Whitehall Rezoning Winchester Regional Airport: No comment. Fire Marshal: Will identify fire land requirements on individual site plans as received. See additional comments attached. Planning and Zoning_ The following issues should be considered: Location: The site is located in an interstate interchange area immediately adjacent to an interchange ramp. The Comprehensive Plan suggests that such locations are appropriate for business and industrial uses. Business and industrial zoning is located across the interstate on the eastern side of the interchange. Site Suitability: The site is generally level. A drainage way runs through the site and drains towards the east under the interstate. Public sewer and water are not available to the site. Fire protection is a concern and the Fire Marshall has suggested the need for on -site water storage. The applicant has proffered to provide two fire protection ponds. Drainfield sites have been located for seven lots. Impacts: Full development of the site may result in over 3,000 average daily trips added to the less than 2,000 average daily trips on Route 669. A large portion of the added traffic will be heavy trucks. Much of the traffic from the site will be to the interstate. The site is immediately adjacent to the southern on -ramp to the interstate. This will make travel convenient from the site and lessen potential impacts. However, traffic moving north will have to turn left on Route 669. This may cause some adverse traffic impacts. The narrowness of the bridge over the interstate may limit the potential for left turn lanes. A row of residences are adjacent to the site on Route 669. Buffers and screens will be required on the site adjacent to these properties. Traffic entering and leaving the site will have an impact on these residences. Conclusions: Concern should be expressed for potential traffic impacts. However, the site is immediately adjacent to an interstate ramp in an interchange area. Page 3 Whitehall Rezoning PLANNING STAFF RECOMMENDATION - Nov. 7, 1990: Approval with acceptance of proffers PLANNING COMMISSION RECOMMENDATION - NOV. 7 1990: Tabled to December 5, 1990 by the following vote: YES (to table): Golladay, Sherwood, Wilson, Thomas, Rinker, Copenhaven, McDonald, Marker ABSTAIN: Dehaven PLANNING COMMISSION RECOMMENDATION - DEC. 5, 1990• Unanimous approval with the acceptance of proffers. (Note: DeHaven abstained; Marker/Romine absent) A Professional Community Development Planning and Project Management Service August 1990 --- -- - IMPACTI STATEMENT' f or the - - - . _ —j WHITE -HALL $USINESS PARKlocated in . STONEWALL DISTRICT, FREDERICK COUNTY VI_R_GINIA by THE RAINBOW GROUP a ;local 'business and industrial-- devel-apment-partnership.-------.- -- - . - INTRODUCTION - - PLANS AND -PROJECTS -has-been -commissioned-to provide -- an- assessment and evaluation. of the following described project in Tight of several major planning issues as - outlined -and -required --by--the -Frederick County Board of - - Supervisors and Planning. Commission. The enclosed material is furnished to assist with the review of the rezoning request of -The -Rainbow Group for The Whitehall - Business Park, Virginia's' first planned business and industrial --park -along the -I _8l-corridor .- Request - The rezoning request is for a change from RA_, - - - Rural to B-3, Business and M-1, Light Industrial. Total parcel size: 49.28 acres Current zoning: RA, Rural Requested change:-B-3 Business, 34.25 acres - M-1 Industrial, 15.03 acres Location - West of Rest, -along -the west -side of I-81 and south of route 669 in the southwestern quadrant of the interstate interchange exit number 84 of I-81/669 Magisterial District - Stonewall, Frederick County, VA -- -Tax-Identification Numbers---33000A00000000000091A -- -- 33000A00000000000091B 33AODA000000000000004- -- - _33AOOA000000000000005- - Impact statement page 2 Proposed use - Business and limited industrial uses. Suitability of site - The property is a highly visible site that is located adjacent to the first I-81 interstate interchange in Virginia. This site has excellent access tc. I-81 via route 669. The site is generally open grassland with a small portion that is wooded along the southern boundary. The site is gently rolling in nature with no steep slopes, providing excellent visibility and numerous building site locations. Flood areas are not prevalent on this site, causing no impact. Wetlands are not a feature of this site, however, there are some limitations associated with rock outcropping. The major limiting factor at this time will be on -site limitations of bath septic and well capacities. This site is generally well suited for business and light industrial development with proximity to the I-81 interchange. Surrounding properties - The adjoining properties to the west are predominately agricultural orchard land. The property to the south is wooded and vacant. The eastern side of the site is bound by Interstate 81.. The adjoining properties to the north t•h are predominately small r-esi.dential lots utilizing on -site wells and septic systems. The potential impact. with regard to noise, glare, fumes, and other factors generally/ associated with a light industrial and business park: should ro-t adversely impact the ad.joining properties due to the distance of open space required for development and the already existing impacts of I-81. TRAFFIC The site when rezoned will be used for a business and light industrial park:. The primary use of the property is to be for light wholesale and industrial uses. This Impact statement page 3 site is ideally suited for access to the I -81 and 669 interchange, only a few hundred feet away. There will be no significant impact can I-81 or the capacity or the I-81 interchange area. Minimal impacts are expected to be mitigated on Route 669 with the addition of a VDOT (Virginia Department of Transportation) industrial Grade entrance. The present traffic counts, using VDOT estimates are: I-81 from Route 11 North of Winchester the WV state line: 25,640 ADT (Average daily traffic). Route 11 from the WV line to route 761: 7,485 ADT. Route 669 from I -81 to route 670: 1400 ADT. Utilizing a. FAR (floor area ratio) of 33% the estimated leasable floor area is 700,000 square feet. Present site limiting factors due to on -site sewer and water, green space and parking requirements limits the actual FAR, however a 33% t� range is used g _ show future potential with public sewer and water. Present FAR, is estimated at slightly less than 430,000 square feet. Many of the trips already exist � �n I -31 and nearby � �. S. 11, so increased traffic loading on these major reads will be significantly less.. The short distance to the interstate intersection via 669 is a.xpected to lessen the impacts can the entire 'length of the read, however increases in traffic are evident. The construction of a VDOT industrial grade entrance is planned to reduce impacts can route 669. Overall the site is well suited fcm access to major local, regional and interstate access. ITE Summary -- 34.25 acres business park: (ITE#770:) Iimpact :statement page 4 �- � 1�, i�8 acres estimated trip ends per weekday is 56 1 • ci,d�e� light industrial park: CITE#130) estimated trip F weekday is estimated at 850. Specifically warehousing (ITE#150) generates 56.080 trip ends per weekday a use l at this business park. Total that would be typica estimated trip ends per weekday for the site would then be estimated at .-800 using ITE warehouse factors. SEWAGE CONVEYANCE AND TREATMENT sewage from this project will be treated by The ' utilizing the on -site capacities ref the site identified by the State Health Department. Individual ite development will be limited J;o he li it r ionsi of he the septic fields identified and evaluated by There will be no impacts on the Health Department. regional treatment plant, Sanitation Authorities however; the Sanitation Authoritysems will public consulted location � �f necessary easementsto conveyance became available. Easements are planned re be recorded to allow for easy placement cf f�_it�_i public ,_utilities. WATER SUPPLY will be provided by individual wells and t4 willbe Water supply facilities. Individual de lc'P andthe storage limited by the capacity of the There ,,,ill be nci availability of on -site 'dater supp!y. water=�_�pplY � 'item impacts can the existing public A�_�tt,��rity will be consultedfor however-; the Sanitation easement. should public location f necessary Easements are planned to became conveOD available. for eas; placement of future be recorded allc,w public utilities' Impact statement page S Water storage facilities (ponds) will be constructed an a site by site basis as needed or required for fire protection and run off control. EDUCATION This project is expected to generate no school children and therefore no educational cost impacts are cited. The project will create a positive tax generation base when fully developed. 500,000 square feet of leasable floor area valued at $60.00 per square foot creates a base of tag, that equals $30, 000, 000- 00 generating approximately $180, 0irr._ -00 per tax year. Using the high end FAR $42,9GO,000.00 value would generate approximately S257, 000.00 of local taxes per year. PARKS AND RECREATION This project is not expected to create any impacts for the public facilities of the Parkas and Recreation Department of Frederick: County. DRAINAGE FACILITY This site is well drained via a drainage way that flaws east under I-31. This drainage way will be maintained and provided appropriate easements to ensure proper and adequate flows from the site. Business and industrial development of this site will increase water run off. Green space Em required by the Frederick: County Codes, detention and storm water storage facilities are proposed, in addition to the undisturbed drainage way, to ensure adequate water run off levels as well as provide fire protection. Pest -development rates will be limited as required by code. Impact statement page b SOLID WASTE All solid waste is proposed to be hauled by private contract hauler to the Frederick: County Landfill. There are no adverse impacts fiscal or environmental expected from this development. EMERGENCY SERVICES Fire, rescue squad, and law enforcement (sheriff) protection will be required at this site once developed. These impacts are minimal when compared to a residential development of this size, therefore limiting calls and reducing routine patrols needs. Storage ponds are proposed to assist with fire protection as per NFPA (National Fire Protection Agency)guidelines as well as Ioca1 and state requirements. ENVIRONMENTAL There wi11 be certain negative impacts due to construction activity including increased water run off, increased sedimentation run cuff, on -site sewer and water disposal, noise, and increased traffic movements. Each of these impacts will be limited and minimized by the compliance with lochl and state health and environmental. cedes. Water run off will be controlled by easements, green space requirements, and detention facilities. Sediment control will be accomplished by detention control ponds and good construction practices. On -site sewer and water will be controlled by installing septic and wells in accordance with appropriate cedes as well as limiting building size with fire codes. Impact statement page There is no E::n-: awn loss of irretrievable resour ces involved with this site. There are no known endangered species of wildlife or fauna or flora. Grc=und and air quality will be protected and should remain unchanged. Good �d site planning and sound enf car cement t=_= all env ironmentaI and health codes should minimize the impacts of this development c=n the envirc=nment. OTHER FISCAL IMPACTS A positive fiscal ta: impact is anticipated as di_cussed under educati-Dn. PJc= other fiscal impacts are anticipated. HISTORIC IMPACTS Nt-I structures exist on this site. The develc=pment of this site will not in,ac=lve the lc of any significant hilt 'ric sites: are artifacts that are currently known. \ A �C4-4,," LCp=n t�1. G �.ri i rinci°pal PLAN AND PROJE S Cc=nsi..tlti ng Planner 41- • December 19, 1990 Mr. Henry Buettner 720 South Braddock Street Winchester, Virginia 22601 Dear Mr. Buettner: COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of December 12, 1990. Rezoning application #009-90 of Whitehall Business Park was approved for the rezoning of 15.03 acres from RA (Rural Areas) to M-1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B- 3 (Industrial Transition). This property is located at the southwest intersection of I-81 and Route 669 in the Stonewall Magisterial District and is identified as parcels 91A and 91B on tax map 33 and parcels 4 and 5 on tax map 33A. If you have any questions regarding the approval of this rezoning, do not hesitate to call this office. Please return your rezoning sign at your earliest convenience so we may begin the process of refunding your $25.00 deposit. Sincerely, Robert W. Watkins Planning Director RWW/slk cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court C. William Orndoff, Jr. Treasurer 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Approvals: Planning Commission December 5, 1990 with proffers Board of Supervisors December 12, 1990 with proffers AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #009-90 of WHITEHALL BUSINESS PARK WHEREAS, Rezoning application #009-90 of Whitehall Business Park to rezone 15.03 acres from RA (Rural Areas) to M1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B3 (Industrial Transitional) located at the southwest intersection of I-81 and Route 669 in the Stonewall District, and designated as parcels 4 and 5 on tax map 33A (33AOOA000000000000040 and 33AOOA000000000000050) and parcels 91A and 91B on tax map 33 (33000A00000000000091A and 33000A00000000000091B), was referred to the Planning Commission on December 5, 1990; and WHEREAS, the Planning Commission held a public hearing on this application on December 5, 1990; and WHEREAS, the Planning Commission received a draft statement of conditions proffered prior to the public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this application on December 12, 1990; and WHEREAS, the Board of Supervisors received a signed statement of conditions proffered prior to the public hearing; and WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience and good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 15.03 acres from RA (Rural Areas) to Ml (Light Industrial) and 34.25 acres from RA (Rural Areas) to B-3 (Industrial Transitional) located at the southwest intersection of I-81 and Route 669 and is designated as parcels 4 and 5 on tax map 33A (33AOOA000000000000040 and 33AOOA000000000000050 and parcels 91A and 91B on tax map 33 (33000A00000000000091A and 33000A00000000000091B)as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner as follows: r: • Frederick County Board of Supervisors Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 Reference: Whitehall Business Park Rainbow Group Property I-81 & Rt. 669 Frederick Co., Va. November 21,1990 We the undersigned, sole owners of land to be rezoned under rezoning request number 009-90, referred to as the Whitehall Business Park rezoning, and the applicant for said rezoning, hereby, voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of both the applicant and owners. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. There will be two ponds provided to serve as sources of water supply for fire protection; one towards the northern portion and one towards the southern portion of the property. An easement will be provided to guarantee access of the local fire departments to the water supply. One well shall be provided with each pond to maintain a year-round water level. The design of easements and ponds shall be agreed to by the Fire Marshal and The Rainbow Group for adequacy as a source of water for fire protection. The approximate location of ponds shall be shown on the master development plan before any site plan is approved. At least one pond shall be provided before any occupancy permit is issued on the site. The second pond shall be provided as shown on the master development plan when the site containing said pond is developed. 2. Deeds shall specify that property owners will maintain ponds for fire protection. 3. The Rainbow Group and/or assigns will record architectural and development standards/restrictions/covenants and enforce all recorded standards. These shall include provisions for minimum architectural standards, site maintenance, landscaping and facility maintenance. These will include a requirement for an architecturally designed front facade visible from Interstate 81. Loading areas shall be on the west side of buildings. 4. A storm water management system will be described on the master development plan. The ponds may be used for detention if appropriate. 5. Buildings shall be shown on the site plans located between outdoor storage areas and boundaries of the property adjacent to Interstate 81. 6. A master development plan will be submitted for approval by the County before any site plans or subdivisions are submitted. 7. A complete opaque vegetative or other screen shall be provided, before any occupancy permit is issued, on the site between the primary entrance from Route 669 and adjoining properties containing residential uses. The screening shall be designed to not interfere with sight distance on Route 669. 8. Each separate lot shall be provided direct access to a road dedicated for state maintenance. The access road or roads shall be constructed at the time each lot is developed. No occupancy permit shall be approved on any lot until plans for the road have been approved by the Virginia Department of Transportation, the road has been constructed to said lot and the road has been dedicated to said lot for acceptance by the Virginia Department of Transportation. 9. Deeds for each lot shall establish a property owners association according to the requirements of the Frederick County Code. THE RAINBOW GROUP: Henry W Buettner, Jr. a. a� RELIVED Ronald S. Simkhovitch WHITEHALL BUSINESS PARK "Virginia's First Business and Industrial Park" :7 0 This ordinance shall be in effect upon its passage. Passed this 12th day of December, 1990. A Copy Teste John R. Riley, Jr. Frederick County Administrator December 5, 1990 RAINBOW GROUP The deed shall contain the following restrictions which shall appear in all deeds for all building sites. 1. No abandoned nor unlicensed vehicles shall be retained on the building sites. 2. All business property shall be kept neat and clean. Grass and shrubbery should be kept trimmed. 3. All trash and debis shall be kept in a closed container and disposed of in a timely fashion from rear of building. 4. All businesses shall have the front land areas of buildings landscaped to present a pleasant appearance. 5. Building designs shall be reviewed with members of the Rainbow Group for approval. THE RAINBOW GROUP: � ,L yid;, enry LC Buettner, Jr. WHITEHALL BUSINESS PARK REZONING APPLICATION #009-90 WHITEHALL BUSINESS PARK TO REZONE 15.03 acres from RA (Rural Areas) to M-1 (Light Industrial) 34.25 acres from RA (Rural Areas) to B-3 (Industrial Transition) LOCATION: Southwest intersection of I-81 and Route 669 MAGISTERIAL DISTRICT: Stonewall TAX MAP & PARCEL NO.: Tax map 33, parcel no's 91A, 91B / Tax map 33A, parcel no's 4 and 5 PRESENT ZONING & LAND USE: Vacant agricultural uses, zoned RA, Rural Areas ADJACENT ZONING & LAND USE: Agricultural and residential uses, zoned RA, Rural Areas PROPOSED USE: Whitehall Business and industrial park REVIEW EVALUATIONS: Va. Dept. of Transportation: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Fourth Edition for review. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Dept.: This request for Rezoning approval, shall comply to Use Group of the BOCA National Building Code 111987". Use Group will be determined at time of plans review. Health Department: The Health Dept. has no objection to the proposed usage of the seven (7) lots approved for septic system drain fields, as long as all statutory regulations are met. 6 0 Page 2 Whitehall Rezoning Winchester Regional Airport: No comment. Fire Marshal: Will identify fire land requirements on individual site plans as received. See additional comments attached. Planning and Zoning: The following issues should be considered: Location: The site is located in an interstate interchange area immediately adjacent to an interchange ramp. The Comprehensive Plan suggests that such locations are appropriate for business and industrial uses. Business and industrial zoning is located across the interstate on the eastern side of the interchange. Site Suitability: The site is generally level. A drainage way runs through the site and drains towards the east under the interstate. Public sewer and water are not available to the site. Fire protection is a concern and the Fire Marshall has suggested the need for on -site water storage. The applicant has proffered to provide two fire protection ponds. Drainfield sites have been located for seven lots. Impacts: Full development of the site may result in over 3,000 average daily trips added to the less than 2,000 average daily trips on Route 669. A large portion of the added traffic will be heavy trucks. Much of the traffic from the site will be to the interstate. The site is immediately adjacent to the southern on -ramp to the interstate. This will make travel convenient from the site and lessen potential impacts. However, traffic moving north will have to turn left on Route 669. This may cause some adverse traffic impacts. The narrowness of the bridge over the interstate may limit the potential for left turn lanes. A row of residences are adjacent to the site on Route 669. Buffers and screens will be required on the site adjacent to these properties. Traffic entering and leaving the site will have an impact on these residences. conclusions: Concern should be expressed for potential traffic impacts. However, the site is immediately adjacent to an interstate ramp in an interchange area. 0 Page 3 Whitehall Rezoning PLANNING STAFF RECOMMENDATION - Nov. 7, 1990: Approval with acceptance of proffers PLANNING COMMISSION RECOMMENDATION - NOV. 7, 1990: Tabled to December 5, 1990 by the following vote: YES (to table): Golladay, Sherwood, Wilson, Thomas, Rinker, Copenhaven, McDonald, Marker ABSTAIN: Dehaven PLANNING COMMISSION RECOMMENDATION - DEC. 5, 1990: Unanimous approval with the acceptance of proffers. (Note: DeHaven abstained; Marker/Romine absent) WUN T'T OF FREDER 1 Ck.: , 1,,' 1 Rv i6 FIRE. MARSHAL'S OFFICE LAND DE'.-ELOPMEt',1T COMMENTS Control No. US 139►:-3()6 Date Received C'b 139cj Date Reviewed ► j91 19c_1 Applicant Name Pentathlon Corporation Address P. O. Box 746 Stephens City, Virginia 22655 Project Name The Rainbow Group -Rezoning Phone No. 703-B69-3273 Type of Application Rezoning Current Z"oning A-2 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall RECOMMENDATIONS Automatic Sprinkler System X Residential Sprink:ler System Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate Inadequate Not Identified X Fire Lanes Required; Yes X No Comments: Will identify fire lane requirements on individual site plans as received. RoadwaviAislewav Widths; Adequate Inadequate Special Hazards Noted; Yes Comments: Not Identified X No X MIT - Continued - Hydrant Locations; Adequate Inadequate Not Identified X Siamese Connection Location; Approved Not Approved Not Identified :X Additional Comments; Sprinklers are always recommended by this office as they provide a time proven element of safety in buildings. Realizing there is not a municipal wate►- supply to this site, storage of water would have to be provided via ponds or tanks. The cost of this as well as insurance savings should be considered by the applicant. Without knowing what building types or uses are proposed, it is difficult to comment on fire protection requirements, though all fire protection items on the building themselves must comply with the uniform statewide building code. This business park will be serviced for fire and rescue by Clearbrook: Voluntee►- Fire Department. Any comments they have on this rezoning application are to be considered as part of the over all comment., from the Dept. of Fire and Rescue. Review Time .75 hr Douglas A. F.:iracofe Fire Marshal tip • A Professional Community Development Planning and Project Management Service September 29, 1990 Frederick County Board of -Supervisors _. Frederick -County -Planning Commission - Frederick County Staff 9 Court -Square' _ -- Winchester, VA--- 22601------ __ ---- ------ - RE: Whitehall'Business-Park Rainbow Group property ----.- 1-81 and Rt. 669,,Frederick Cty, VA Dear --Board and -Commission- Members ---- Frederick County is the gateway to Virginia and the South. -The entrance to,_Virginia-and-Frederick County is important. The ownersof the Whitehall Business Park know that this park_ will be the first impression .-that--many visitors have of Virginia -as -they —enter via the I-81 corridor from the Northeast. Economic vitality is the symbol that the Rainbow Group wishes to portray as this park begins to develop as Virginia's first business/industrial park. The Rainbow Group represent local private initiative that will promote the regions economic development efforts. The owners are local businessmen who reside in Frederick County, have contributed to many charitable organizations and who add to the local economy. Please accept and approve the request to change the zoning from rural to industrial/business. OECTS - - - - - - - - - - - 703/667-9384 - - 523 North Braddock -Street • Winchester. Virginia • 22604 Maryland 9 Pennsylvania 9 Virginia • West Virginia REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number O Oq-q b Date Received �O-y-q L Submittal Deadlinegp Application Date ID- 4-qZ) PC Hearing Date IQ BOS Hearing Date m 1�---IG�1�+1�------------------------------------- The following information shall be provided by the applicant: All parcel numbers, tax map numbers, deed book pages and numbers may be obtained from the Office of the Commissioner of Revenue, 9 Court Square, Winchester. 1. Applicant: Name: Mr. Henry Buettner 720 VC/1 Address: 'oar Rncr��ron ergot Winchester, Virginia 22601 Telephone: (703) 667-3211 02- N5-3 CA-) 2. Owner: Name: The Rainbow Grou Address: Same as Above Telephone: In addition, the Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Mr. Henry Buettner Mr. Ronald Simhovitch 5 • 3. Zoning Change: It is requested that the zoning of the property be changed from RA to M-1 & B-3 4. Location: The property is located at (give exact directions): Southwest intersection of I-81 and Route 669 See attached map. 5. Parcel Identification: 21 Digit Tax Parcel Number: 33 OOOA 000 000 000 000 91A & B (Lot)33A OOA 000 000 000 000 0 & 5 6. Magisterial District: Stonewall 7. Property Dimensions: The dimensions of the property to be rezoned. Total Area: 49.28 Acres The area of each portion to be rezoned to a different zoning district category should be noted: 15.03 _ Acres Rezoned to M-1 34.25 Acres Rezoned to R_3 Acres Rezoned to Acres Rezoned to Frontage: Depth: 2870.71+/- Feet 743.13 - Feet 8. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: Mapuai c neiiavcn Deed Page: 1052 Deed Book Number: 747 2.1 • 0 9. Proposed Use: It is proposed that the property will be put to the following uses. WHITEHALL BUSINESS AND INDUSTRIAL PARK 10. Checklist: Check the following items that have been included with this application. Location map X Survey or plat X Deed to property X Statement verifying taxes X Sign receipt X Agency Comments X Fees X Impact Analysis Statement X Proffer Statement X 11. signature: I (we), the undersigned, do hereby make application and petition the governing body to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia and do hereby certify that the application and accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Owner: Same as Owner henry nueuuner 12. Representation: If the application is being represented by someone other than the owner or application and if questions about the application should be directed to that representative, please list the following. Representative's Name: PT ANC and PR0.TF('T4 Stephen M. Gyurisin, 523 N. Braddock Street Representative's Phone Number: Winchester, VA 27601 703-667-9384 7 Usi i 0 0 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a road from the requested property. The applicant is required to obtain the fol- lowing information on each adjoining property including the 21-digit tax parcel identification number which may be obtained from the office of the Commissioner of Revenue. Name Address and Property Identification 1 Address: HC33, Box 772, Winchester, VA 22601 William M. & Venna M. Young Property ID:33A 00 000 000 000 000 002 2 William M. & Venna M. Young Address: HC33, Box 772, Winchester, VA 22601 Property ID:33A 00 000 000 000 000 001 3 Frances Marie Kerns Address: Rt 1, Box 127, Clearbrook, VA 22624 Property ID: 33A 00 000 000 000 000 003 4 Address: The Rainbow Group 124 W. Boscawen St., Winchester,VA Property ID:33A 00 000 000 000 000 063601 5 Ronald Simhovitch Address: Siler Rt, Box 151, Winchester, VA 22601 Property ID: 33A 00 000 000 000 000 005 6 Robert L. & Brenda M. Swartz Address: Rt 1, Clearbrook, VA 22624 Property ID: 33A00 000 000 000 000 006 7 Address: Pen Day Enterprises, Inc. St 1 Box 148, Clearbrook, VA 22624 Property ID: 33A 00 000 000 000 000 007 & 1 8 Fruit Hill Orchard Address: Box 2368, Winchester, VA 22601 Property ID: 33 000 A 000 000 000 000 890-9 9 David K. & Brenda S. Gray Address: P.O. Box 55, Clearbrook, VA 22624 Property ID: 33 OOOA 000 000 000 000 880 10 Address: Property ID: iO w$ VA. ROUTE 669 L DAVD K.I BRENDA S. I GRAY DP 507 - P. 368 I:+'D RA 0 -715-3 M. • ZONING •, �2 GRID INDEX FREDERICK COUNTY VIRGINIA P° I 3 �.0 4 , " 5 �� a" ♦ tf, TAX MAPI ♦�c GRID INDEX I ��5° �, _ ♦ i4 I SITE � 671 6 V, hoe V Isocc ` �7 Ig Bi L J Np 0° � 0 � oa0r ss9 30 f8 ;s zs z� G'gex � a`d 51 5 12 : 13I hoe r 14 in CI 15lroo Hayfield c 51 36 40 � a � 14 J7 IN ESTE 600 Jt Qz \ 7 17 -- ��� 18 19 20 21 16 GOO �, '• HOC 622 fall C. n RUn � o / Cer ,, �' o or i 03` F l 'l' T�. oha_n 751LURGE J �7 ,221�NATION ` AsORF L FORE 23 24 r 25 ''' 26 0(5 C� 277 fzz 0 S A t ( o Middletown c � o fla 89 e f�` y .. 9 I 11 S g` 94 1 0 1 2 3 9 M.4% 22 \ •! \ / , ------------ (OD. 1 • ■ O �� _ � ^\ - SITE //��//���] M ■ • ' s •'V S C/ a r r - • ' I O � O t ■ w 3 n ■ ■ O '• tit• • /\ A'2 CID 33 32 tj •' M 1 / yA n O • cam, � '• � w i-. , fj,•« • •• n '"\.' �^' \ ' � �eF! '�+ �, i� " 14 15 WNOR R�ML SUBDIVISION RE- DI MION PLAT OF WHITE HA L L BUSINESS PA RK D.B. 74 7 - P. 1052 STONEWALL DISTRICT FREDERICK COUNTY VIRGINIA 29 AUGUST 1990 NUMBER 33000A000000000000910 ZONED A R I LOCATION I" = 2,000 A -A. 1 PIKE ti OWNER'S CERTIFICATE: THIS DIVISION, AS IT APPEARS ON THIS PLAT, IS WITH THE FREE CONSENT AND N ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER, PROPRIETOR OR TRUSTEE. SURVEYOR'S CERTFICATE: I CERTIFY THAT THE LAND IN THIS SUBDIVISION IS ALL OF WHITE HALL BUSINESS PARK (A MATTER OF RECORD IN DEED BOOK 747, PAGE 1052), AND IS ALL OF THE LAND CONVEYED TO THE RAINBOW GROUP, A VIRGINIA PARTNERSHIP, AS PARCEL ONE BY DEED DATED 28 JULY 1989 IN DEED BOOK 720. PAGE 936. TER-FREDERICK COUNTY FREDERICK COUNTY DEPARTMENT I PLANNING DEPARTMENT L All N EB T �. (LICENSE) No. L 1498 LSD avaa�� 4 _ ?c L. ALLEN EBERT �r. PROFESSIONAL LAND SURVEYOR 35 W. BOSCA WE]V S t MESTER, VA 22601- 4740 703 667 3233 • PAGE 2 • Nq too 0 VA. ROUTE 669 C 3 I : j — ZONED R A A B vo ay1 D E F G H J N O y' W I I I N QI I ° (218.30.1 S 79' 14' 47" E - 743.13' ---------I'" 3 O I D.A. b I �n3 w� in mW LOT l �ti�o o � w 7. 581 ACRES N 0 p' O O IZ Q � N J v N Z z � d w I g N 78•• 04' 37" W cr a 748.55' u a w o,cr �3 w 0 ca �LI _'r) Z in a1 Z /4DCZ�J m " � �-O-T 2 0 ILLZ 7.466''ACRESoNO D.AN I � h I ' 663.52' Q LOT 3 / I � I � W � Z ADJOINING PROPERTIES: A: YOUNG - D.B. 34 - P. 212 B: KERNS - D.B. 351 - P. 692 C i D: THE RAINBOW GROUP D.B. 720 - P. 936 D.B. 732 - P. 870 E: SWARTZ - D.8. 465 - P. 4888 F,G,HIJ: PEN DAY ENTERPRISES, INC D.B. 556 - P. 825 D.B. 651 - P. 293 o—IRON PIN (SET) D.A —APPROVED DRAINFIELD SITE Y,XLTU (LICENSE) No. L 1498 Fyn vtJF.VFti/ 9 0 O N 0 0 N a 0 • • PAGE 3 OF 5 LOT 2 I S78404'37"E o 663.52' I N ; LOT 3 V ,it�I J lu 6.091 �N a: �� A CRES N m WI N I 599.38, �• i I CHORD co ' S19'35'49"W El 74.04' An 74.04' NCD D.A. R 14,444.730' N V 0 =tea - LOT 4 °°" a)0 cc n o Z 6.091 ACRES "' N _ Lu Q 537.51' 3 I o, o �3 N Im o T LU LOT 5 6.091 h z A CRES � J �'. D.A. I' J i N 78' 04' 37" W LOT 6 140 a V O O Q O N 10 Tj L A : N EBERT (LiCEriS� No. 1498 • 0 PAGE 4 OF 5 FF' LOT 5 I I S 78. 04' 37" E 467.76' I CD O 3 mWlw Z O vy hu yl Q ~ O O In WI J OD.A.% V h v h �I vl ai 401.55' d w M N iA rA W c� 41 �3 lU �o CO ' G �._ �, iD 00 I wD.A._Q N 0 � ^ OO OK w 0 0 I JOO N I I 322.01' 3 r N 78. 04' 37" W 00 N M c N D.A. 1n O V ��J A 'O 4 vJ � 3 O in 'n a a Ni J • N W ~ DAVID K. t BRENDA S. GRAY D.B. 507 - P. 368 ZONED R A Li O ^L AL:,EN ESEPT (LICENSE) No. l 1493 0. ��b etJR`1 0 0 A Professional Community Development Planning and Project Management Service August 1990 IMPACT STATEMENT for the WHITE HALL BUSINESS PARK located in STONEWALL DISTRICT, FREDERICK COUNTY, VIR_GINIA by THE RAINBOW GROUP - a local business and industrial development partnership. INTRODUCTION PLANS AND PROJECTS has been commissioned to provide an assessment and evaluation of the following described project in light of several major planning issues as outlined and required by the Frederick County Board of Supervisors and Planning Commission. The enclosed material is furnished to assist with the review of the rezoning request of The Rainbow Group for The Whitehall Business Park, Virginia's first planned business and industrial park along the I-81 corridor. Request - The rezoning request is for a change from RA, Rural to B-3, Business and M-1, Light Industrial. Total parcel size: 49.28 acres Current zoning: RA, Rural Requested change: B-3 Business, 34.25 acres M-1 Industrial, 15.03 acres Location - West of Rest, along the west side of I-81 and south of route 669 in the southwestern quadrant of the interstate interchange exit number 84 of I-81/669. Magisterial District - Stonewall, Frederick County, VA Tax Identification Numbers - 33000A00000000000091A 33000A00000000000091B 33AOOA000000000000004 33AOOA000000000000005 7031667-9384 523 North Braddock Street • Winchester. Virginia • 22601 Maryland • Pennsylvania • Virginia • West Virginia • I* Impact statement page 2 Proposed use - Business and limited industrial uses. Suitability of site - The property :.is a highly visible site that is located adjacent to the first 1-81 interstate interchange in Virginia. This site has excellent access to I-81 via route 669. The site is generally open grassland with a small portion that is wooded along the southern boundary. The site is gently rolling in nature with no steep slopes, providing excellent visibility and numerous building site locations. Flood areas are not prevalent on this site, causing no impact. Wetlands are not a feature of this site, however, there are some limitations associated with rock: outcropping. The major limiting factor at this time will be on -site limitations of both septic and well capacities. This site is generally well suited -for business and light industrial development with proximity to the I-81 interchange. Surrounding properties - The cadjoining properties to the west are predominately agricultural orchard .land. The property t� � the so'..tth is wooded and vacant. The eastern side of the site is bound by Interstate 81.. The adjoining properties to the north are predominately small residential lots, utilizing on -site wells and septic systems. The potential. impact with regard tci noise, glare, fllill(=s, and other factors generally associated with a light industrial and business park: should not adversely impa° t the ad.jr.tin.ing p'rcipertie= due to the distance of open space required for development and the already existing impacts of I-81. TRAFFIC The site when rezoned will. be Used for a tnisiness and light industrial park:. The primary use of the property is to be for light wholesale and industrial uses. This • 0 impact statement page site is ideally suited for access to the I-81 and GG9 interchange, only a 'few hundred feet away. There will be no significant impact on I-81 or the capacity or the I-81 interchange area. Minimal impacts are expected to be mitigated can Route 669 with the addition of a VDOT (Virginia Department of Transportation) industrial grade entrance. The present traffic counts, using VDOT estimate- are: I -81 from Route 11 North of Winchester the WV state line: 25,640 ADT (Average daily traffic). Route 11 from the WV line to route 761: 7,485 ADT. Route 669 from I -81 to route 670: 1400 ADT. Utilizing a FAR (floor area ratio) of 33% the estimated leasable floor- area is 700,000 square feet. Present site limiting factors due to on -site sewer and water, green space and parking requirements limits the actual FAR, however a 3_.. range is used to show future potential with public sewer and water. Present FAR is estimated at slightly less than 430,000 square feet. Many of the trips already exist on 1-81 and nearby U.S. 11, so increased traffic leading on these major roads will be significantly less. The short distance to the interstate intersection via 669 is expected to lessen the impacts on the entire 'length of the read, however increases in traffic are evident. The construction of a VDOT industrial grade entrance is planned to reduce impacts on route 669. Overall the site is well suited for access to major local., regional and interstate access. ITE Summary -- 34.25 acres business park (ITE-#770:) • Impoct Statement page 4 c W51.. 15.03 acres ends per weekday i- trip end_ per estimated trip - f-- liaht industrial park: c:IT1 #1��?:� estimated warehousing estimated at 850. Specifically weekday is e_ �� ends per �..dee4::day a use eekd y generates 5E•.030 trip ar k:. T� �tal that would be typical at this business s P �, Cr weekday for the site would then estimated trip end" p be estimated at '�cc>>i� ,_tsir,g ITE warehouse -fa.ctc�r.-. SEWAGE be AND TREATMENT be treated by this Project will The sewage fr �m cities of the site utilizing the or, -site capacities - Individual De identified by the State Health Department. f ite development will be limited t� the limitations State fields identified and ev:a.luat" rthe r the septic_ �- on the Health Department. There will be no impacts regional treatment plant, Sanitation Authorities e consulted for wever; the Sanitation Authority will public puconsultedblic sewage ho lc �cati �n c t necessary easements planned to Easements are �' conveyance become available. �J Placer f f,_it�_ire be recorded to allow �w fc �r easyF public utilities. WATER SUPPLY provided by be P - individual wells, and w�..l.l Water supplywill facilities. Individual develc'pmGnts the site and the Vora-e limited by capacity -If the cap.- y Tf,er, t.,,ill. be rn-, Jater supply" availability of can -site �c 1 system water PP y' a -n impact_ the existing public Authority e cr�ns�_c 1 ted for however; the f Sanitation � necessary easement_ sp ,-cbl.ic wa.ter� s r, � �,_� 1 d p o a �1 manned t- location -, became available. Easements are F of future conveyance aas.; tO allow for , placement be recorded i„_cblic ,_ctilitie==. 416 Impact statement page . i Water storage facilities (ponds) will be constructed an a site by site basis as needed or required for fire protection and run off control. �l . -t- EDUCATION This project is expected to generate no school children and therefore no educational cost impacts are cited. The project will create a positive tax generation base when fully developed. JVU, 000 square feet of leasable floor area valued at $60-00 per square foot creates a base of tag-; that equals $30, 000, i 00- 00 generating approximately s19o,000,00 per tag: year. Using the high 0�, ��00-00 value would generate end FAR $�#2,'a -_G- approximately 1 7,()f)( -00 Of local taxes, Per year. PARKS AND RECREATION This project is not expected to create any impacts for - the public facilities of the Parks and Recreation Department of Frederick: County. DRAINAGE FACILITY This site in well drained via a drainage way that flaws east under I-31. This drainage way will be maintained and provided appropriate easements to ensure proper and adequate flaws from the site. Business and industrial. development of this site will increase water run cuff. Green space as required by the Frederick: County Cedes, detention and storm water storage facilities are proposed, in addition to the undisturbed drainage way, to ensure adequate water run off levels as well as provide fire protection. Post -development rates will be limited as required by code. • i • Impact statement page b SOLID WASTE All solid waste is proposed to be hauled by private contract hauler to the Frederick County Landfill. There are no adverse impacts fiscal or environmental expected from this development. EMERGENCY SERVICES Fi.rey rescue squad, and law enforcement(sheriff) protection will be required at this site once developed. These impacts are minimal when compared to a residential development of this size, therefore limiting calls and reducing routine patrols needs. Storage pond, are proposed to assist with fire protection as. per NFPA (National Fire Protection Agency) guidelines as well as local and state requirements. ENVIRONMENTAL There ,+ill bey certain negative impacts due to construction activity including increased water nAn cuff, increased sedimentation run cuff, on -site sewer and water disposal, noise, and increased traffic movements. Each of these :.impacts will be limited and minimized by the compliance with Ioc&l and state health and environmental. cedes. Water run off will be controlled by easements., green space requirements, and detention facilities. Sediment control will. be accc,mpl.ished by detention control ponds and good construction practices. On -site sewer and water will be controlled by installing septic and wells in accordance with appropriate cedes as well as limiting building size with fire cedes. • 0 Impact statement page There is no known loss of :irretrievable resources involved with this site. There are no known endangered species of wildlife or fauna or flora. Ground and air quality will be protected and should remain unchanged., Good site planning and sound enforcement to a.l.l. environmental and health codes should minimize the impacts of this development i �n the environment. OTHER FISCAL IMPACTS A positive fiscal tax impact is anticipated as di 5cussed under education. No other fiscal impacts are anticipated. HISTORIC IMPACTS No structures exist on this site. The development of this site will not involve the loss of any significant historic site_ are artifacts that are currently known. *VAND PROJE S Consulting Planner CLEARBROOK VOLUNTEER FIRE FROM THE DESK OF CHESTER T. LAUCK RESCUE CAPTAIN COMPANY 4 MEMORANDUM To: Doug Kiracofe From: Chester T. Lauck Doug; This memo is being forwarded to your office in regards to the proffer being offered by the Rainbow Group, on Rt. 669, at their planned business park. After our on -site meeting and discussion later that day with David, I submit the following suggestions and request on present and future needs and expectations. 1) That 2 ponds, each complete with acceptable dry hy- drant systems be installed at an approximate distance of not more than 2,200 feet apart, allowing for a maximum lay of not more than 1,100 feet to any building in the business park. Also each pond have a minimum of `.� 150,000 usable gallons, and a fixed means to auto- matically refill. Also 24 hour -a -day access is a must. 2) Above systems be acceptable for a water supply as needed for the surrounding area. 3) Systems be maintained by a predetermined means, ie. Business Park Assoc. 4) At such time in the future that the County of Frederick runs water service to that area, that hydrants be in- stalled to meet NFPA requirements. 5) That the Clear Brook Fire Company or any other County Fire Company have rights to the water supply and its equipment for training purposes as needed. 6) That all systems installed be protected from being tampered with, that would hinder fire department operations. 7) That hydrants areas be.maintained as'would any road, ie. stone as needed, snow -removal, etc. Chester T. Lauck Res Captain 13 C_ 1�cC% • 0 RAINBOW GROUP December 5, 1990 The deed shall contain the following restrictions which shall appear in all deeds for all building sites. 1. No abandoned nor unlicensed vehicles shall be retained on the building sites. 2. All business property shall be kept neat and clean. Grass and shrubbery should be kept trimmed. 3. All trash and debis shall be.kept in a closed container and disposed of in a timely fashion from rear of building. 4. All businesses shall have the front land areas of buildings landscaped to present a pleasant appearance. 5. Building designs shall be reviewed with members of the Rainbow Group for approval. THE RAINBOW GROUP: 4enry�C Buettner, Jr. WHITEHALL BUSINESS PARK 9 0 RAINBOW GROUP December 5, 1990 The deed shall contain the following restrictions which shall appear in all deeds for all building sites. 1. No abandoned nor unlicensed vehicles shall be retained on the building sites. 2. All business property shall be kept neat and clean. Grass and shrubbery should be kept trimmed. 3. All trash and debis shall be.kept in a closed container and disposed of in a timely fashion from rear of building. 4. All businesses shall have the front land areas of buildings landscaped to present a pleasant appearance. 5. Building designs shall be reviewed with members of the Rainbow Group for approval. THE RAINBOW GROUP: enry C Buettner, Jr. Ronald S. Simkhovitch WHITEHALL BUSINESS PARK • a ti Proffer for Whitehall Business Park 1. There will be two ponds provided to serve as sources of water supply for fire protection; one towards the northern portion and one towards the southern portion of the property. An easement will be provided to guarantee access of the local fire departments to the water supply. The design of easements and ponds shall be approved by the Fire Marshall for adequacy as a source of water for fire protection. The approximate location of ponds shall be shown on the master development plan before any site plan is approved. 2. Access to the lots shall be provided by a private road designed and constructed according to the Virginia Department of Transportation standards concerning width, alignment, drainage and road base. Road construction shall be at the time each lot is developed. No site plan shall be approved on any lot until the road has been constructed to said lot according to the above standards. The private road shall be constructed and maintained to provide a mud -based, passable surface. 3. Deeds for each lot shall establish a property owners association according to the requirements of the Frederick County Code. The private road shall be maintained by the property owners association. Deeds shall specify that the majority of members of the property owners association may vote to dedicate the private road for acceptance by Virginia Department of Transportation. Deeds shall also specify that the majority of members may vote to assess proportional costs to individual property owners associated with such dedication. 4. Deeds shall specify that property owners will maintain ponds for fire protection. NOVEMBER 9, 1990 WHITEHALL BUSINESS PARK 1) There will be two ponds provided to serve as sources of water supply for fire protection; one towards the northern portion and one towards the southern portion of the property. An easement will be provided to guarantee access of the local fire departments to the water supply. One well shall be provided with each pond to maintain a year-round water level. The design of easements and ponds shall be agreed to by the Fire Marshal and The Rainbow Group for adequacy as a source of water for fire protection. The approximate location of ponds shall be shown on the master development plan before any site plan is approved. At least one pond shall be provided before any occupancy permit is issued on the site. The second pond shall be provided as shown on the master development plan when the site containing said pond is developed. 2) Each separate lot shall be provided direct access to a road dedicated for state maintenance. The access road or roads shall be constructed at the time each lot is developed. No occupancy permit shall be approved on any lot until plans for the road have been approved by the Virginia Department of Transportation, the road has been constructed and the road has been dedicated for acceptance by the Virginia Department of Transportation. 3) Deeds for each lot shall establish a property owners association according to the requirements of the Frederick County Code. The private road shall be maintained by the property owners association. Deeds shall specify that the majority of members of the property owners association may vote to dedicate the private road for acceptance by Virginia Department of Transportation. Deeds shall also specify that the majority of members may vote to assess proportional costs to individual property owners associated with such dedication. 4) Deeds shall specify that property owners will maintain ponds for fire protection. 5) The undersigned will record architectural and development standards/restrictions/covenants and enforce all recorded standards. These shall include provisions for minimum architectural standards, site maintenance, landscaping and facility maintenance. These will include a requirement for an architecturally designed front facade visible from Interstate 81. Loading areas shall be on the west side of buildings. 6) A stormwater management system will be described on the master development plan. The ponds may be used for detention if appropriate. 9 0 Page -2- 7) Buildings shall be shown on the site plans located between outdoor storage areas and boundaries of the property adjacent to Interstate 81. 8) A master development plan will be submitted for approval by the County before any site plans or subdivisions are submitted. 9) A complete opaque vegetative or other screen shall be provided, before any occupancy permit is issued, on the site between the primary entrance from Route 669 and adjoining properties containing residential uses. The screening shall be designed to not interfere with sight distance on Route 669. 0 0 NOVEMBER 7, 1990 WHITEHALL BUSINESS PARK 2) Rainbow Group and/or assigns shall provide access to the lots by a private road designed and constructed according to the Virginia Department of Transportation standards concerning width, alignment, drainage and road base. Road construction shall be at the time each lot is developed. No occupancy permit shall be approved on any lot until the road has been constructed to said lot according to the above standards. The private road shall be constructed and maintained with tar and chip or hard surface. �h �-1-e�.� t r�t..�s�nr s�, He � . � • f v :. rr p REQUEST FOR REZONING COMMENTS ` FrOt,11 k r ! ."tee \�NPalth Dept, Frederick -Winchester Health Department ATTN: Herbert L. Sluder, sanitation Engineer P.O. Box 2056, Winchester, Virginia 22601 lea (703) 667-9747 1 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form. Applicant's name, address and phone number: The Rainbow Group - 124 West Boscawen Street, Winchester, Virginia 22601 - (703) 667-3211 Name of development and/or description of the request: Rezoning A-2 to M-1/Interstate Busines Park Location: Southwest corner of I-81 and 669 - Stonewall Magisterial rict - See attached plat. Health Department Comments: The health department has no objection to the proposedu--ige of _ r16_11r I g ' - /I i ! 0 the SPynn ��1 s anpro ed for septic system drainf-ields, as lonq as all statutory regulations are met. Health Signature and Date: (JJ Y. i-' 7- (NOTICE TO HEALTH DEPT. - PLEA? RETURN THIS FORM/TO-APPLICANT.)— NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. 21 • 0 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 7031%667-0370 November 21, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: WHITEHALL BUSINESS PARK Rezoning Application #009-90 of Whitehall Business Park to rezone 15.03 acres from RA (Rural Areas) to M-1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B-3 (Industrial Transition) for Whitehall Business and Industrial Park. This property is located at the southwest intersection of I-81 and Route 669 and is identified as parcels 91A and 91B on tax map 33 and parcels 4 and 5 on tax map 33A in the Stonewall District. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of December 5, 1990, at 7:30 p.m., and by the Board of Supervisors on December 12, 1990, at 7:15 p.m., in the board room of the old Frederick County Courthouse. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Planning Director RWW/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on November 21, 1990Erlathe Department of Planning and0 velopment, Frederick County, Virginia: Mr. Henry Buettner 720 South Braddock St. Winchester, Va. 22601 Plans & Projects Attn: Mr. Steve Gyurisin 523 N. Braddock St. Winchester, Va. 22601 William M. & Venna M. HC 33, Box 772 Winchester, Va. 22601 Francis Marie Kerns Route 1, Box 127 Clearbrook, Va. 22624 RAINIXA4 W. VA. Ronald Simhovitch Siler Rt., Box 151 Winchester, Va. 22601 i Robert L. & Brenda M. Swartz I Route 1 �, Clearbrook, Va. 22624 Pen Day Foundation, Inc Route 1, Box 148 Clearbrook, Va. 22624 Young cl;rknyl I)AV*.I:X) 1(� 6, 1 NX)A .3. VA Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK Ij Debi D. Swimley , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated November 21, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 21st day of November 1 1990. My commission expires on September 30, 1993 NOTARY PUBLIC Ies • • REQUEST FOR REZONING COMMENTS Frederick -Winchester Health Department ATTN: Herbert L. Sluder, Sanitation Engineer P.O. Box 2056, Winchester, Virginia 22601 (703) 667-9747 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form. Applicant's name, address and phone number: The Rainbow Group - 124 West Boscawen Street, Winchester, Virginia 22601 - (703) 667-3211 Name of development and/or description of the request: Rezoning A-2 to M-1/Interstate Busines Park Location: Southwest corner of I-81 and 669 - Stonewall Magisterial District - See attached plat. Health Department Comments: The health denartment has no objection to the proposec'u-;age of r,,-. 1, r Nei��, the awn (_1�I s appro ed for septic system drainf.ields, as lone as all statutory regulations are met. Health Signature and Date: (NOTICE TO HEALTH DEPT. - PLEA?S RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. 21 6Gk-OLak-l;aO( l� November 7, 1990 Fr,,ederigqk County Board of Supervisors Fr der3ck County Planning Commission 9 �ur# Square Winchester, Virginia 22601 Reference: Whitehall Business Park Rainbow Group Property I-81 & Rt. 669 Frederick Co., Va. We the under ' d, sole owners of land to be rezoned under rezoning ,req��s num er 009-90, referred to as the Whitehall Busines Pa e on' g, and thepr,10 nt for said rezoning, hereby, o u t r 1 proffer t7c( fol tn ng ondit ons. The cond't'ons o f r d 11 be bi g p t heir , x tors, admi i t a o s, sig and suesso s �nteres o� o h�� he appli an n ow rs. �n the event tle d ric C unty o rd of Supris s g an s sa d zoni and ce thes ondilt�ions,the fo o ing proffered con i3on shall appto the/ and rezoned in ac ition to other requirements sett" forth in the Frederick County C/o e: C%^e dj wc(� S�o�� �/2 P dpv� cd¢(c 1. fti ¢cCl2 rJJ�1GI 40 /hc,it Fug � a � 0 Gv -rC9 µ n (/� U-s• � � � ii ..� i . r' 1. There will be two ponds provided to serve as sources of water supply for fire protection; one towards the northern portion and one towards the southern portion of the property. An easement will be provided to guarantee access of the local fire departments to the water supply. The design of easemen s and ponds shall be agreed to by the Fire Marshall and The Rainbow Group for adequacy as a source of water for fire protection. The approximate location of ponds shall be shown on the master Sevpr opmnenet pl n before any site plan is appro�d. �}� /.vast d^t /"rd till .f-- laid-1 �¢ R-/d.�A ei �t�- o1c v�/� aae J.-i... i'F ! S ♦ S,.�SKv ��fJ �G� S. �Q_ %�P xvC/ofcl pJ"� �`�cc 11 h¢- �'p-JV.'dsa s �irJ. nr9� f�t rwo S�Dv c�� e(J�n�-rt-�✓�ccv! ha i // 2. Rainbow Group and /or assigns shall provide access to the lots by a private road designed and constructed according to the �3 Virginia Department of Transportation standards concerning �ds width, alignment, drainage, and road base. Road constructiond shall be at the time each lot is developed. No occupancy permit shall be approved on any lot until the road has been constructed to said lot according to the above standards. The private road shall be constructed and maintainedery �z-a mud -free j+cca�u 1-i c su r��z'rc e . l' / 1 L- 4 c L� lG+v �wdi G� 0i h,c ,d 5... /,K . 3. Deeds for each lot shall establish a property owners association according to the requirements of the Frederick County Code. The private road shall be maintained by the property owners association. Deeds shall specify that the . . 2 • Freder'ct unty Novem er 7, 1990 Page - Board of Supervisors majority of members of the property owners association may vote to dedicate the private road for acceptance by Virginia Depart- ment of Transportation. Deeds shall also specify that the majority of members may vote to assess proportional costs to individual property owners associated with such dedication. 4• Deeds shall specify that property owners will maintain ponds for fire protection /(/ I f / / D V / .S ///Y Y•' I /i . lV1 N �N. /J Li ✓ G / Q. s �$ 'a - Q oN G / ✓T 7 0 sr 6 9c+�l. � 5. The undersigned will record arc4litectural and "velopment�.; /.;j standards/ estrlctions/covenants and enforce_,all recorde g��`"K��`` s ndard Tase it ��(�dd va u,��,�.o,rf � a Gr '-5 itQ .9 4 h ,< <,r/L ✓. si /.a X1,J .Ij G•Q� s S�ik�� Lva.54 O r/J/l ✓t a� Q ,.,,, i K 7` S}.S '7'1 G"t l.•- • `! �rt GIPS �'r . /f.R �1 h fL ✓i QS L G� (1 ✓ d a x::7, 'a �SgS��I� k4 5 haw o,A n.-be- 5, �¢ (?Okia2 06✓ $- ,q✓^5Q G+ �OacS G, tiA h/9 ".ae;i . FS a•/� f �' Q /0 Dn'0y jly The Rainbow Group: aGyJcwei�a-" 4ZA✓ 0_s w�ll by �wd�, �!� ��✓ He ,J uet er , J R nald S. Sinkhovitch /��/✓, S/ o.. s a a a T� i- Q G -- �J, N�• � 1 S /'S.f.. a� O�' ', S• �� SGvep.n 5��11 �� ,o✓,'ale G/,, '✓-QT✓,eRo, ��Q/ pl,�i�. ��y,+� /Q,�w �e G(�� „�� ac�✓•�,`�c,�� �jo� Qs VYC WHITEHALL--NUSINESS PARK "Virgini(a's First Business and Industrial Park" S jl� "'pie Xo 7-1 7Lc9 %Z' P 104 �fJ y IL 7Z /f .Q � D G- /� fl G S � 1! fP ✓t l r9 "r S 7 � t-.. c ��� G 2 �� Ala �Y� Q !/ i +/`. / /� (� �. _ �.R� Gc- ,i' .a yr ".. October 25, 1990 Frederick County Board of Supervisors Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 Reference: Whitehall Business Park Rainbow Group Property I-81 and Rt. 669, Frederick County, Virginia We the undersigned, sole owners of land to be rezoned under rezoning request number 009-90, referred to as the Whitehall Business Park rezoning, and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns and successors in interest of both the applicant and owners. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. There will be two ponds provided to serve as sources of water supply for fire protection; one towards the northern portion and one toward the southern portion of the property. An easement will be provided to guarantee access of the local fire departments to the water supply. The design of easements and ponds shall be agreed to by the Fire Marshall and The Rainbow Group for adequacy as a source of water for fire protection. The approximate location of ponds shall be shown on the master development plan before any site plan is approved. 2. Access to the lots shall be provided by a private road designed and constructed according to the Virginia Department of Transportation standards concerning width, alignment, drainage, and road base. Road construction shall be at the time each lot is developed. No site plan shall be approved on any lot until the road has been constructed to said lot according to the above standards. The private road shall be constructed and maintained to provide a mud-1Q,a:s-ed., passable surface. 3. Deeds for each lot shall establish a property owners association according to the requirements of the Frederick County Code. The private road shall be maintained by the property owners association. Deeds shall specify that Frederick County Board of Supervisors October 25, 1990 Page 2 - the majority of members of the property owners associa- tion may vote to dedicate the private road for acceptance by Virginia Department of Transportation. Deeds shall also specify that the majority of members may vote to assess proportional costs to individual property owners associated with such dedication. 4. Deeds shall specify that property owners will maintain ponds for fire protection. 5. The undersigned will record architectural and develop- ment standards/restrictions/covenants and enforce all recorded standards. The Rainbow Group: Henry C. Buettner, Jr. Ronald S. Simkhovitch WHITEHALL BUSINESS PARK "Virginia's First Business and Industrial Park" • i40 A Professional Community Development Planning and Project Management Service September 29, 1990 Frederick County Board of Supervisors Frederick County Planning Commission 9 Court Square Winchester., VA 22601 RE: Whitehall Business Park Rainbow Group property I-81 and_Rt. 669, Frederick. Cty_, VA Dear Board and Commission Members: The entrance to Virginia and Frederick County is important. The owners of the Whitehall Business Park know that this park will be the first impression that many visitors have of Virginia as they enter via the I-81 corridor from the Northeast. Economic vitality is the symbol that the Rainbow Group wishes to portray as this park begins to develop as Virginia's first business/industrial park. The Rainbow Group represent local private initiative that will promote the regions economic development efforts. The owners are local businessmen who reside in Frederick County, have contributed to many charitable organizations and who add to the local economy. This project is projected to provide a positive impact on the community. Because of the positive impacts, pleases accept this rezoning in the spirit of trust of local business efforts and the implementation of a much needed local development effort under the direction of existing industrial development codes with out proffers. Sincerely, Stye a M. Gyu is I P nci al - P NSandROJECTS 703/667-9384 523 North Braddock Street • Winchester. Virginia • 22601 Maryland • Pennsylvania • Virginia 9 West Virginia 0 REZONING #009-90 WHITEHALL BUSINESS PARK Rezoning Review Committee October 11, 1990 Located at southwest portion of the Route 669-I-81 interchange. 49 acres, 15 to be zoned M-1, 34 to be zoned B-3. Water and sewer are not available to the site. Septic drainfield sites have been identified and approved by the Health Department. Use of septic drainfields will limit the use of the site. Fire Marshall suggests the need for water storage for fire protection. Potential for substantial traffic generation. 5,000 ADT or more. However, the site is immediately adjacent to I-81. Row of homes along Route 669 in front of the house. Site is located in an interstate interchange area as identified by the Comprehensive Plan. 0 0 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 M E M O R A N D U M TO: Kenneth Y. Stiles James Golladay Beverly Sherwood Charles W. Orndoff, Sr. Manuuel C. DeHaven FROM: Robert W. Watkins, Director SUBJECT: Zoning Review Committee DATE: October 5, 1990 There will be a Zoning Review Committee meeting on Thursday, October 11, 1990, at 1:00 p.m. in the conference room of the old County Courthouse. We will discuss the following: Rezoning Application #009-90 for Whitehall Business Park Materials are attached. Please let me know if you have any questions or cannot attend. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 WHI`EHALL BUWINE`iy PARK THE RAINBOW GROUP REZONING APPLICATION CONTENTS Letter of request Rezoning application form Location maps Deed Survey plat Statement of tax status Agency comments Impact statement Proffer statement WHITEHALL BUSINESS PARK "Virginia's First Business and Industrial Park" • • REZONING APPLICATION FORM WHITEHALL BUSINESS PARK "Virginia's First Business and Industrial Park" • CJ WHITEHALL BUSINESS DARK "VlrOnfa's First Business and Industrial Park" • 0 LOCATION MAPS WHITEHALL BUSINESS PARK "Virginia's First Business and Industrial Park" • 0 WHITEHALL BUSINESS PARK "Virginia's First Business and Industrial Park" • BK747PG1052 THIS DEED OF DEDICATION made and dated the 67,116 day of July, 1990, by and between HENRY C. BUETTNER, JR., Partner and RONALD SIMKHOVITCH, Partner, trading as THE RAINBOW GROUP, a Virginia Partnership, hereinafter called the DECLARANT; and WHITE HALL BUSINESS PARK, hereinafter called the SUBDIVISION. WHEREAS, the DECLARANT is owner of the hereinafter described specific partnership land situate in Stonewall Magisterial District, Frederick County, Virginia, being PARCEL ONE of land acquired by deed dated July 28, 1989, from Manuel C. DeHaven, et ux, said deed being of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 720, at page 936; and WHEREAS, the said DECLARANT desires to dedicate said specific partnership land as WHITE HALL BUSINESS PARK, situate South of Virginia Route 669 in Stonewall Magisterial District, Frederick County, Virginia, and to subdivide same into lots in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication, NOW, THREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason hereof, the DECLARANT does hereby grant and dedicate in fee sinmple as WHITE HALL BUSINESS PARK all of that certain tract or parcel of land, lying and being situate South of Virginia Route 669 in Stonewall Magisterial District, Frederick County, Virginia, containing 48.353 ocr 0 • BX 7 4 7PG1053 acres, more or less, and being more particularly described by survey of L. Allen Ebert, Land Surveyor, dated May 9, 1990, as follows: "Beginning at a V.D.O.T. Monument in the Western (limited access) Line of Interstate Route 81, a corner to the Pen Day Enterprises, Inc. Land; thence with the three following said Western Lines, S 11 deg. 12' 48" W - 450.37 ft. to an iron pin; thence with the Arc Line 969.06 ft. (Chord S 21 deg 22' 19" W - 968.88 ft., Radius 14,444.73 ft.); thence S 19 deg. 27' 00" W - 2,870.71 ft. to a post, a corner to the Gray Land; thence with the Northern Line of the said Land, N 76 deg. 25' 11" W - 213.52 ft. to a metal post, a corner to the Fruit Hill Orchard, Inc. Land; thence with the Eastern Line of the said Land, N 11 deg. 55' 23" E - 4,230.70 ft. to an iron pin, a corner to the Young Land; thence with the Southern Line of the said Land and the Southern Line of the Kerns Land, The Rainbow Group Land, the Swartz Land and the said Pen Day Enterprises, Inc. Land, S 79 deg. 14' 47" E - 743.13 ft. to the beginning." The above described land is all of the land designated PARCEL ONE in that certain deed to the DECLARANT herein dated July 28, 1989, from Manuel C. DeHaven, et ux, of record in the aforesaid Clerk's Office in Deed Book 720, at page 936. The said DECLARANT, with their free consent and in accordance with their desires, do hereby further subdivide said tract of land herein dedicated as WHITE HALL BUSINESS PARK into seven (7) lots as shown on the attached plat by L. Allen Ebert, Land Surveyor, which attached plat shows accurately the metes and bound of the subdivided land, together with the dimensions of each lot thereof. The said DECLARANT reserves as a private access easement, sixty (60) feet in width, across each of said seven (7) lots adjacent to the Western boundary of each of said 2 r: 0 BK747PG1054 lots and also adjacent to a portion of the Northern boundary of Lot 1 all as shown on said plat, said private access easement being for the purpose of ingress and egress between Virginia Route 669 and each of the seven (7) lots for the DECLARANT, their successors and assigns and their respective employees and invitees. IN TESTIMONY WHEREOF WITNESS the following signatures and seals: THE RAINBOW GROUP A Virginia Partnership (SEAL) C. BUETNER, J Partner (SEAL) RONALD SIMKHOVITCH, Partner STATE OF VIRGINIA AT LARGE G•I'TVCOUNTY of to -wit The foregoing Deed of Dedication bearing date the day of July, 1990, was acknowledged before me by Henry C. Buetner, Jr., as Partner and Ronald Simkhovitch as Partner of THE RAINBOW GROUP, a Virginia Partnership, this W, day of a July, 1990. My commission expires t � Notary Public 3 dKed I-eTJ4snpul pUB ssauTsng 49-ITA s,BTuT2-TTA„ XHVd SSgNISftg 1IM311HA 9 0 • • STATEMENT OF TAX STATUS WHITEHALL BUSINESS PARK "Virginia's First Business and Industrial Park" • A Dept Ticket# Name ----RE9002 223SOOm. RAINBOW GROUP, THE RE9002 2235102 RAINBOW GROUP, THE RE9iQ i235202-RAINBOW GROUP, THE RE9002 2235302 RAI14BOW GROUP, THE .• COUNTY of FREDERICK C. William Orndoff, Jr. Treasurer 03/662-6611 Descripticn 33A00A000G000000-00040 33AOOA000OOOOOOOOOOSO 33000A00000000000091A 33000A000000000000918 TO WHOM IT MAY CONCERN: All Real Estate taxes are paid in full through June 30, 1990, on the above four parcels. C. William Orndoff, Jr. Treasurer P.O. Box 225 Winchester Virginia 22601 „ J*ed 1121-13snpul pue ssauTsng IS-ITA s,l@TuT2-ATA,, XHVd SSHNISng 'I'IdHH.LIHM SiNaKhoo ADNRDV 0 REQUEST FOR REZONING COMMENTS Frederick County Commonwealth Attorney Winchester -Frederick County Judicial Center V 5 N. Kent Street, Winchester, Virginia 22601 P �} (703) 667-5770 The Commonwealths Attorney offices are located in the Winchester - Frederick Judicial Center at 5 North Kent in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: The Rainbow Group - 124 West Boscawen Street, Winchester Virginia 22601 - (703) 667-3211 Name of development and/or description of the request: Rezoning from A-2 to M-1/Interstate Business Park Location: Southwest corner of I-81 and 669 - Stonewall Magisterial District - See attached plat. Attorney ,[Comments: / S ►1'( P A) J 1) I -eoc ( M A d e T{ r r c N C Cle �L4 L. v ,@ k Attorney Signature and Date: 8 ,F0 (NOTICE TO ATTORNEY - PLEASE RPTURW THIS FORM TO THE APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please also attach a copy of your application form, proffer statement, location map, and all other pertinent information. 27 • REQUEST FOR REZONING COMMENTS Virginia Department of Transportation ATTN: William H. Bushman, Resident Engineer P.O. Box 278, Edinburg, Virginia 22824-0278 (703) 984-4133 The local office of the Transportation Department is located at 1550 Commerce Street, if you prefer to hand deliver this review form. Applicant's name, address and phone number: The Rainbow Group - 124 West Boscawen Street, Winchester, Virginia 22601 - (703) 667-3211 Name of development and/or description of the request: Rezoning from A-2 to M-1/Interstate Business Park Location: Southwest corner of I-81 and 669 - Stonewall Magisterial District - See attached plat. Transportation Department Comments: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual Fourth Edition for review. Any work performed on the State s right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. VDOT Signature and Date: Lr�,XJ��rw. %��L,yg� ,� ��/5 (NOTICE TO VDOT - PLEASE RETU9N THIS FORM TO THE APPLICANT., NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. 20 REQUEST FOR REZONING COMMENTS Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Inspections Department is located at 9 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: The Rai nhnw Grn>>p=1 )A 1-1act Rosr nurcC a Street-, j ! pr-hAstBrT—VA 22601 - (703) 667-3211 Name of development and/or description of the request: Rezoning A-2 to M-1/Interstate Business Park Location: Southwest corner of I-81 and 669 - Stonewall Magisterial District - See attached plat. r,S Inspections Department Comments: ZA,S c Q S 7` L14,1,zlz =r-) Zzse -t- T,4 A�4a,�,t/ (/I �Se �l c)�J/� CfJ� /� C� e 2e�<zryGr,.7 P d Inspect. Signature & Date: '? ,;> c' 9 G (NOTICE TO INSPECTIONS - PL ASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. 19 REQUEST FOR REZONING COMMENTS 1-= Fred ec+,.- :,abet << Healtti Dept Frederick -Winchester Health Department c:,t ATTN: Herbert L. Sluder, sanitation Engineer P.O. Box 2056, Winchester, Virginia 22601 (703) 667-9747 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form. Applicant's name, address and phone number: The Rainbow Group - 124 West Boscawen Street, Winchester, Virginia 22601 - (703) 667-3211 Name of development and/or description of the request: Rezoning A-2 to M-1/Interstate Busines Park Location: Southwest corner of I-81 and 669 - Stonewall Magisterial District - See attached plat. Health Department Comments: The health department has no objection to the proposed usage of the seven (7) lots approved for septic system drainfields, as lon as all statutory regulations are met. Health Signature and Date: I W kL /d ;,- p�i (NOTICE TO HEALTH DEPT. - PLEA RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. 21 REQUEST FOR REZONING COMMENTS Winchester Regional Airport ATTN: Kenneth F. Wiegand, Executive Director Route 1, Box 208-A, Winchester, Virginia 22601 (703) 662-2422 The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand deliver this review form. /Applicant's name, address and phone number: v The Rninhow Group - 124 West Rosrswen Street, Winchester. VA 22601 - (703) 667-3211 Name of development and/or description of the request: Rezoning from A-2 to M-1/ Interstate Business Park Location: Southwest corner of I-81 and 669 - Stonewall Magisterial District - See attached plat. X Winchester Regional Airport Comments: Airport Signature & Date: ` (NOTICE TO AIRPORT - PLEASE IZETURN THIYS FO TO THE ATPtICA4r. NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. 18 IMPACT STATEMENT WHITEHALL BUSINESS PARK "Virginia's First Business and Industrial Park" Al ,di-Igd IeTxlsnpul pus ssauTsng Is.ITA s,VTuT2-xTA„ XHVd SSSNISfIg IIHH31IHM INgWAIVIS HHAJuHd 0 • COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 October 24, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: WHITEHALL BUSINESS PARK Rezoning Application #009-90 of Whitehall Business Park to rezone 15.03 acres from RA (Rural Areas) to M-1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B-3 (Industrial Transition) for Whitehall Business and Industrial Park. This property is located at the southwest intersection of I-81 and Route 669 and is identified as parcels 91A and 91B on tax map 33 and parcels 4 and 5 on tax map 33A in the Stonewall. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of November 7, 1990, at 7:30 p.m., in the board room of the old Frederick County Courthouse. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, f Robert W. Watkins Planning Director RWW/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on October 24, 1990 fr he Department of Planning and velopment, Frederick County, Virginia: 0300OA00000000000089k FRUIT HILL ORCHARD. INC. P . 0. BOX 2368 i.rrurn4vrQ*rPre _ vA _ rir. neiiry nUcUUiicL 720 South Braddock St. Winchester, Va. 22601 Plans & Projects Attn: Mr. Steve Gyurisin 523 N. Braddock St. Winchester, Va. 22601 33000A000000000000TiP RAINBOW GROUP. THE 124 W. BOSCAWEN STREET WINCHESTER, VA. 22b01- William M. & Venna M. Young HC 33, Box 772 Winchester, Va. 226-1 Frances Marie Kerns Route 1, Box 127 Clearbrook, Va. 22624 Ronald Simhovitch Siler Route, Box 151 Winchester, Va. 22601 Robert L. & Brenda M. Swartz Route 1- Clearbrook, Va. 22624 STATE OF VIRGINIA COUNTY OF FREDERICK 22601-- 33000A00000000000088k GRAY, DAVID K. & BRENDA S. P.D. Box 55 CLE:ARBROOK, VA. 22624- 4u4iAiv- Robert W. Watkins, Director Frederick County Dept. of Planning I, Debi D. Swimley , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated October 24, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 24th day of October , 1990• My commission expires on September 30, 1993 NOTARY PUBLIC eusmry elc, OL17� t�bR 1, 3. Zoning Change: It is requested that the zoning of the property be changed from RA to M-1 & B-3 4. Location: The property is located at (give exact directions): Southwest intersection of I-81 and Route 669 See attached map. S. Parcel Identification: 21 Digit Tax Parcel Number • 33 OOOA 000 000 000 000 91A & B (Lot)33A OOA 000 000 000 000 004 & 5 6. Magisterial District: Stonewall 7. Property Dimensions: The dimensions of the property to be rezoned. Total Area: 49.28 Acres The area of each portion to be rezoned to a different zoning district category should be noted: 15.03 _ Acres Rezoned to M-1 34.25 Acres Rezoned to Acres Rezoned to Acres Rezoned to Frontage: 2870.71+/- Feet • Depth: 743.13 - Feet 8. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: m2nuelC. lleHaven Deed Page: 1052 Deed Book Number: 747 C7 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a road from the requested property. The applicant is required to obtain the fol- lowing information on each adjoining property including the 21-digit tax parcel identification number which may be obtained from the office of the Commissioner of Revenue. Name Address and Property Identification 1 William M. & Venna M. Young Address: HC33, Box 772, Winchester, VA 22601 Property ID:33A 00 000 000 000 000 002 2 William M. & Venna M. Young Address: HC33, Box 772, Winchester, VA 22601 Property ID:33A 00 000 000 000 000 001 3 Frances Marie Kerns Address: Rt 1, Box 127, Clearbrook, VA 22624 Property ID: 33A 00 000 000 000 000 003 4 Address: The Rainbow Group 124 W. Boscawen St., Winchestter,VA Property ID:33A 00 000 000 000 000 004601 5 Ronald Simhovitch Address: Siler Rt, Box 151, Winchester, VA 22601 Property ID: 33A 00 000 000 000 000 005 6 Robert L. & Brenda M. Swartz Address: Rt 1, Clearbrook, VA 22624 Property ID: 33AOO 000 000 000 000 006 7 Address: Pen Day Enterprises, Inc. ,Rt 1 Box 148, Clearbrook, VA 22624 Property ID: 33A 00 000 000 000 000 007 & 1 8 Fruit Hill Orchard Address: Box 2368, Winchester, VA 22601 Property ID: 33 000 A 000 000 000 000 890-9 9 David K. & Brenda S. Gray Address: P.O. Box 55, Clearbrook, VA 22624 Property ID: 33 OOOA 000 000 000 000 80 10 Address: Property ID: 0