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006-04 Rutherford, LLC - 13.4 Acres - Shawnee - Backfile
FREDERIQK COUNTY DEPARTMENT OF PLANNING & DEVELOPMENT 107 North Kent Street WINCHESTER, VA 22601 It (540) 665-5651 O a W n os n y no; -, - G. O mZ1c 0y �14 y < m O. 1 O O m 52 o Op 9 I T yyj N Q 013 v i W V � ;g 0 o fA D w xq CQ 0 REZONING TRACKING SIET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List_ Application i5bv-et file opened Fee & Sign Deposit Deed Plat/Survey Taxes Paid Statement Impact Model Run Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing D U One 81/7" x I I" black and white location map ordered from Mapping S-10-04mr-- File given to office manager to update Application Action Summary % p PC public hearing date ACTION: Air �) I� 10( BOS public hearing date ACTION: n -- Signed-copy of resolution for -amendment of ordinance, with conditions proffered [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) l.S 0 Action letter mailed to applicant 0 Reference manual and D-base updated ile given to office manager to update Application Action Summary (final action) 7 Zlo 0 Y�� File given to Mapping/GIS to update zoning map 0 ON Lk) Zoning map amended U UCarohCommonUtracking. ru Revised 05109/02 COUNT Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 July 15, 2004 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING 406-04, RUTHERFORD, LLC Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of July 14, 2004. The above -referenced application was approved to rezone 13.4 acres from the RA (Rural Areas); B2 (Business General); B3 (Industrial Transition); and, MI (Light Industrial) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts. The subject acreage is located within the northeast quadrant of the Interstate 81 interchange area, which is north and adjacent to Martinsburg Pike (Route 11 North), and east and adjacent to Interstate 81, and is identified by Property Identification Nurnber(s) 43-A-96, 43-A-97, 43-A-98, 43-A-99, 43-A-100, 43-A-101, and 43-A-111 in the Stonewall Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Christopher M. Mohn, AICP Deputy Planning Director CMM/bad cc: _-Rutherford, LLC, 112 N. Cameron Street, Winchester, VA 22601 /Lynda J. Tyler, Stonewall District Supervisor ,,John H. Light, Stonewall District Planning Commissioner e-Anderson, Real Estate em: ,Charles S. DeHaven Jr., Stonewall District Plamling Commissioner 107 North Kent Street • Winchester, Virginia 22601-5000 r 40 REZONING APPLICATION #06-04 RUTHERFORD, LLC Staff Report for the Board of Supervisors Public Hearing Prepared: July 6, 2004 Staff Contact: Christopher Mohn, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 06/02/04 Recommended Approval Board of Supervisors: 07/14/04 —Pending- a19642--P� PROPOSAL: To rezone a total of 13.4 acres from the RA (Rural Areas), B2 (Business General), B3 (Industrial Transition), and M 1 (Light Industrial) Districts to B2 (Business General) and B3 (Industrial Transition) Districts. This application seeks to reconfigure the zoning districts applicable to 12.65 acres of the 154.4 acre Rutherford Farm Industrial Park site, which was originally zoned for a mix of commercial and industrial land uses via approval of Rezoning Application #07-01. Moreover, this petition proposes that an adjoining 0.75 acre parcel be rezoned to the B2 District for ultimate inclusion in the Rutherford Farm project. LOCATION: The subject acreage is located within the northeast quadrant of the Interstate 81 interchange area, which is north and adjacent to Martinsburg Pike (Route I I North), and east and adjacent to hlterstate 8 1. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S):43-A-96, 43-A-97, 43-A-98, 43-A-99, 43-A-100, 43-A-101, 43-A-111 PROPERTY ZONING: RA (Rural Areas), B2 (Business General), B3 (Industrial Transition), M1 (Light Industrial), and IA (Interstate Area Overlay) PRESENT USE: Unimproved and Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas), M2 (Industrial General); Nursery/Agricultural, Industrial South: RP (Residential Performance), RA (Rural Areas); Residential, Commercial East: RP (Residential Performance), RA (Rural Areas); Residential, Agricultural West: B2 (Business General), B3 (Industrial Transition), M1 (Light Industrial); Unimproved 0 REZ #06-04 Rutherford, LLC Page 2 July 6, 2004 PROPOSED USE: Commercial and industrial land uses. REVIEW AGENCY EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant impact on Route 11. Route 11 is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Rutherford's Farm Industrial Park rezoning_ application dated April 5, 2004 address transportation concerns associated with this request. 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, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. 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. Frederick -Winchester Service Authority: No comment. County Engineer: We do not have any comments regarding the changes in zoning. Sanitation Authority: No comment. Frederick County Attorney: No changes in proffers from previous application. Only changes are acreageproperty owner name. No legal issues. Planning & Zoning_ 1) Site History: The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the seven parcels comprising the proposed rezoning as R-3 (Residential - General). Parcels 43-A-96, 43-A-98, 43-A-99, 43-A-101, 43-A-11 1, and 43-A-97 (portion) were remapped to the A-2 (Agricultural, General) District via the countywide downzoning adopted on October 8, 1980. The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re - mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. Parcels 43-A-97 (portion) and 43-A-100 remained R-3 due to exclusion from the countywide downzoning. The county's multiple residential districts were consolidated to form the RP (Residential Performance) District upon adoption of an amendment to the Frederick County Zoning Ordinance on February 14, 1990. The corresponding revision to the zoning map resulted in the re -mapping of the subject properties and all other R-3 zoned land to the RP District. 0 REZ #06-04 Rutherford, LLC Page 3 July 6, 2004 On April 22, 2002, the Board of Supervisors approved rezoning application 407-01 of Rutherford's Farm Industrial Park. Through this action, parcels 43-A-96, 43-A-97, 43-A-98, 43- A-99, 43-A-100, and 43-A-Illwere rezoned to the M1 (Light Industrial), B3 (Industrial Transition) and B2 (Business General) Districts, respectively. Specifically, 116.7 acres were zoned M1; 14.5 acres were zoned 133; and 23.2 acres were zoned B2, with the entire 154.4 acre tract included in the IA (Interstate Overlay) District. 2) Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environnent within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. (Comprehensive Policy Plan, p. 1-1) Land Use: The subject parcels are located wholly within the county's Sewer and Water Service Area (S WSA) and are included within the boundaries of the Northeast Land Use Plan (NELUP). The NELUP designates the project site for industrial and business land uses, respectively, and further applies the Developmentally Sensitive Area (DSA) designation along the site's Martinsburg Pike frontage. (Comprehensive Policy Plan, p. 6-38) Transportation: The NELUP identifies a planned major collector road traversing the subject site. This roadway is envisioned to intersect with Martinsburg Pike (Route 1 1 North) and travel in a westerly direction toward Interstate 81, and then angle toward the north site boundary. The applicant proffered to construct this planned roadway through the original rezoning for this site, and has included the same set of proffers with this application. (Comprehensive Policy Plan, p. 6-38) Staff Comment: The proposed rezoning is consistent with applicable land use policies of the Comprehensive Policy Plan. Moreover, the transportation improvements proffered with this application are identical to those approved with the original rezoning for the site, which will result in the implementation of applicable transportation provisions of the NELUP. 3) Site Suitability: No conditions exist on the subject site that would preclude or significantly limit development. However, the properties include areas of floodplain and wetlands, the locations of which are coincident with Hiatt Ruin, a perennial stream that traverses the northern portion of the site. L] REZ #06-04 Rutherford, LLC Page 4 July 6, 2004 The General Soil Map of the Soil Survey of Frederick County, Vir_i_ ilia indicates that the soils comprising the subject parcels fall predominantly under the Oaklet-Carbo-Chilhowie soil association. The constituent soils are well -drained and contribute to moderately sloping terrain. The southern portion of the property contains rock otiterops. It is noted that the Oaklet-Carbo-Chilhowie soil association presents some limitations to site development due to slow permeability and clayey subsoil. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. 4) Potential Impacts A. Transportation: Traffic impacts for the original Rutherford's Farm Industrial Park rezoning application were projected based upon the maximum commercial and industrial floor area proffered for the project of 1,400,000 square feet. This development program was projected to generate 9,744 average daily trips (ADT), which was to be absorbed by an external road network consisting of Martinsburg Pike (Route 11 North) and Interstate 81 via the Exit 317 interchange. The traffic impact analysis (TIA) for the original rezoning concluded that the transportation improvements proffered by the applicant would ensure Level of Service "C" conditions on all roads serving the project. Such improvements included: (1) extension of the multi -lane system for Martinsburg Pike to the nor•thermriost project entrance, (2) installation of left and right turn lanes and pavement transitions at the intersection of Martinsburg Pike and new major collector roadway, (3) interchange ramp improvements, (4) installation of multiple traffic signals, and (5) construction of a new major collector road within the project as depicted in the NELUP. A Public Improvement Plan detailing these improvements has been approved by VDOT. The proposed reconfiguration of existing zoning district boundaries applicable to the site and the addition of the adjacent parcel will result in the reduction of 12.58 acres of MI zoned land and an increase in B2 and B3 zoned land by 5.44 acres and 7.95 acres, respectively. The traffic analysis for this application was therefore focused on the impact of this increase in commercially zoned land. To facilitate this analysis, the applicant conducted a study of commercial development intensities in Frederick County and the City of Winchester, and determined that the commercial land within the project would likely develop at a Floor Area Ratio (FAR) of 0.20. Applying this FAR to the expanded commercial acreage, the additional floor area estimated through this proposal would be as follows: B2 - 47,393 square feet B3 - 69,260 square feet 0 REZ #06-04 Rutherford, LLC Page 5 July 6, 2004 Using traffic generation figures from the I.T.E. Trip Generation Manual, 7°i Edition, the applicant projects traffic impacts for the additional commercial development in terms of a single transportation phase. For the purposes of this analysis, 2010 represents the year in which project build out will occur. The TIA indicates that at project build out, and coupled with the reduction in industrial area and the corresponding decrease in overall industrial trips from the site, the expanded commercial area will result in a net increase in traffic generated by the project of 2,368 ADT. The transportation improvements proffered with the original rezoning are also included with this application, and will be triggered by the initial series of site plan approvals for the project, regardless of whether such approvals are for industrial or commercial development. As noted previously in this report, such improvements were reported to achieve Level of Service "C" conditions on the road network serving Rutherford's Farm Industrial Park. The analysis provided by the applicant indicates that the proffered transportation improvement program will be adequate to mitigate any additional traffic impacts generated by the proposed increase in commmercial area within the project. VDOT Comment: The documentation within the application to rezone this property appears to have significant impact on Route 11. Route 11 is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Rutherford's Farm Industrial Park rezoning application dated April 5, 2004 address transportation concerns associated with this request. B. Historic Resources: The applicant has provided information which identifies Rutherford's Farm (VA Historic Landmark Commission File #10082 34-727) as an Historical Landmark. However, all that remains of the house is a set of concrete steps that lead from Route 1 1 to the site of the house. There is an historical marker south of the site on Route 11 identifying this resource. One archeological site is noted by the Virginia Department of Historic Resources. It is a raised berm allowing access to the opposite side of the rail line. However, it is abandoned and no longer in use. This site does not exhibit features that suggest eligibility for National Register consideration. The subject properties are partially located within the limits of the Second Battle of Winchester study area, and are also within the Battle of Rutherford's Farm study area. The applicant has proffered to establish a Civil War interpretive site pull -off along Route 11, in the general area where the existing historical marker is located. This site will offer an opportunity for interpretation of Second Winchester, the Battle of Rutherford's Farm, and the Rutherford Farm operation. The HRAB will review the information that will be placed on the proposed interpretative markers. It will be imperative of the applicant to design the pull -off area so as to not further detract from the interpretive site. The REZ #06-04 Rutherford, LLC Page 6 July 6, 2004 applicant has also proffered to establish and maintain the proposed interpretive site. StaffConnnent: It is noted that the Historic Resources Advisory Board (HRAB) did not provide comment concerning this rezoning proposal as formal comments were offered for the original rezoning of the site. These comments were provided on two occasions dated July 19, 2001 and March 22, 2002, respectively. The recommendations of the HRAB were largely accommodated by the applicant through the proffers of the original rezoning, which, as noted previously in this report, are identical to the proffers provided with this application. An additional review by the HRAB was therefore not required for the processing of this application. C. Sewer and Water: The original rezoning for this site projected that sewage generated by the industrial park would consist of 77,200 gpd. Although the total development potential remains limited by proffer to 1,400,000 square feet, the potential for additional commercial uses enabled by this rezoning would increase sewage output by 400 gpd, yielding a total project impact of 77,600 gpd. All of the sewage originating from the project will be conveyed to the Opequon Wastewater Treatment Facility for treatment. The original rezoning for this site projected that water demand for the industrial park would total 154,400 gpd. An increased water demand of 800 gpd is projected for the additional commercial uses enabled by this rezoning, yielding a total project demand of 155,200 gpd. The water source for this project is the Global Chemstone Quarry, wherein the FCSA has located a new water treatment plant. Water will be conveyed to the site via an existing 20-inch water transmission line. 5) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. As noted previously in this report, the content of the proffer statement provided with this application is identical to that of the original rezoning for the site 007-01). The following list is a summary of the conditions voluntarily proffered by the applicant: • Establish a maximum building square footage of 1,400,000 square feet for the entire 155.2 acre site. • Prohibit the establishment of truck stop use(s) on the entire site. • Installation of a traffic signal at the site's main entrance (Route 11 and the planned Major Collector Road, as illustrated in the Comprehensive Policy Plan - NELUP). • Installation of a traffic signal at the southbound ramps of the I-81 Exit 317 interchange. • Dedication of the necessary right-of-way for the I-81 improvement project. • Construction of intersection improvements at the two proposed entrances. The improvements will RBZ #06-04 Rutherford, LLC Page 7 July 6, 2004 be constructed as necessary to serve the first site plan in the Rutherford project. The improvements in their entirety will be constructed prior to the approval of a second site plan in the Rutherford project. • Construction of the planned major collector road as it transverses the site. • Construction of a third southbound lane along Route 11. The improvements will be constructed as necessary to serve the first site plan in the Rutherford project. The improvements in their entirety will be constructed prior to the approval of a second site plan in the Rutherford project. • Establishment of an interpretative area and pull -off along Route 1 1 for historical interpretation of the Second Battle of Winchester, the Battle of Rutherford's Farm, and the Rutherford's Farm historic site. • Establishment of a 15-foot transitional landscape buffer along Route 11, extending the length of the site. Ground cover, trees, and an earthen berm of 2-3 feet in height would be provided within the transitional buffer. • Establishment of a maximum height of 12-foot for all freestanding business signs/monument signs in the M 1 Zoning District. • Limitation on the total number of IA (Interstate Area Overlay) signs to three within the subject site. • Establishment of recycling program to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. Such programs must be approved by the County prior to issuance of certificate of occupancies. • Monetary contribution of $10,000 to the county to be utilized for fire and rescue services. PLANNING COMMISSION SUMMARY & ACTION OF THE 06/02/04 MEETING: Commission members raised the issue of whether the applicant's public improvements plan would still accommodate the project with the 20% additional trips per day generated as a result of the increase in B1 and B2 uses and the decrease in M1 uses. It was pointed out that the change in the traffic mix could alter the amount of stacking lanes needed and the amount of back-up expected entering and exiting 1-81 during peak hours. The applicant's representative stated that their analysis concluded that the slight change in the uses for the property did not compromise the integrity of the public improvements plan that was engineered from the original proffers. The applicant stated that based on the new traffic mix, VDOT was comfortable that the original traffic proffers would adequately mitigate the additional traffic. • 0 REZ #06-04 Rutherford, LLC Page 8 July 6, 2004 A VDOT representative confirmed that considering the reconfiguration of the new traffic mix and increased vehicle trips per day, in addition to the existing traffic, VDOT was comfortable there would be sufficient stacking and turn lanes to accommodate the numbers. In addition, he mentioned the two entrances, one consisting of a continuous right and the other a frill intersection, along with the road layout, all of which, he believed, would contribute to the proper flow of traffic. There were no citizen comments. The Plarming Commission unanimously recommended approval. (Please note: Commissioners Triplett and Ours were absent from the meeting.) STAFF CONCLUSIONS FOR 07/14/04 BOARD OF SUPERVISORS MEETING: This application is a request to rezone 13.4 acres from the RA, B2, B3, and M1 Districts to the B2 and B3 Districts as a means of reconfiguring the zoning districts applicable to 12.65 acres of the 154.4-acre Rutherford Farm Industrial Park site, while also providing for the addition of an adjoining 0.75-acre parcel to the project. The proposed rezoning will result in the nominal expansion of Rutherford's Farm Industrial Park to 155.21 acres, with the site consisting of 104.12 acres of M1-zoned land, 22.45 acres of 133-zoned land, and 28.64 acres of 132-zoned land. The Comprehensive Policy Plan articulates the planned land use of the subject parcels through the policies of the Northeast Land Use Plan (NELUP). The NELUP designates the subject parcels for industrial and business land uses, respectively. As described in this staff report, the development program proposed through the requested rezoning is consistent with the adopted policies of the Comprehensive Policy Plan. Following the required pacblic hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff 00 Fee Amount Paid 4 % f Zoning Amendment Nu nbe�07 Date Receive PC Hearing Date I J- BOS Hearing Date 6 . b1 The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway En ing eering Telephone: (540) 662 -4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Rutherford, LLC Telephone: (540) 662-0323 Address: 112 North Cameron Street Winchester, VA 22601 3. Contact person if other than above Name: Evan Wy Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to Property Verification of taxes paid X Agency Comments X Fees X Impact Analysis Statement X Proffer Statement 5. The Code of VirlZinia 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: Rutherford, LLC (John B. Schroth; John S. Scully, IV; C. Robert Solenberger) 6. A) Current Use of the Property: Unimproved; Residential B) Proposed Use of the Property: Commercial & Industrial 7. Adjoining Property: x PARCEL ID NUMBER USE ZONING * Please refer to attached adjoining property owner list entitled. Rutherford, LLC Rezoning —Adjoining Property Information 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The 155.21-acre site is located at the northwest quadrant of Interstate 81 and Martinsburg Pike (U.S. Route 11 North). Rutherford L.L.C. Rezoning Adjoining Property Information: A. PIN 43C-3-9; RICHARDS; RP; RESIDENTIAL B. PIN 43C-3-7A; NORTH STEPHENSON, INC.; RP; RESIDENTIAL C. PIN 43C-3-6; SANDY; RP; RESIDENTIAL D. PIN 43C-3-5; NORTH STEPHENSON, INC.; RP; RESIDENTIAL E. PIN 43C-3-4; NORTH STEPHENSON, INC.; RP; RESIDENTIAL F. PIN 43C-3-3; K & J INVESTMENTS, LC; RP; RESIDENTIAL G. PIN 43C-3-2; NORTH STEPHENSON, INC.; RP; RESIDENTIAL H. PIN 43-A-149; DEHAVEN; RP; RESIDENTIAL I. PIN 43C-2-1; BAKER; RP; RESIDENTIAL J. PIN 43C-2-2; CURTIS; RP; RESIDENTIAL K. PIN 43C-2-3; FITZWATER; RP; RESIDENTIAL L. PIN 43C-1-A; MESSICK; RP; RESIDENTIAL M. PIN 43-A 102; BRADFORD VILLAGE APARTMENTS; RP; RESIDENTIAL N. PIN 43-A-103; JOHNSON; RP; RESIDENTIAL O. PIN 43-A-104; MOORE; RP; RESIDENTIAL P. PIN 43-A-105; RISSLER; RP; RESIDENTIAL Q. PIN 43-A-106; LEE; RP; RESIDENTIAL R. PIN 43-A-107; MCQUAIN; RP; RESIDENTIAL S. PIN 43-A-108; NETHERS; RP; RESIDENTIAL T. PIN 43-A-109; KEITER; RP; RESIDENTIAL U. PIN 43-A-134B; PIFER; RP; RESIDENTIAL V. PIN 43-A-134; WILLIAMSON; RP; RESIDENTIAL W. PIN 43-A-133; HART; RP; RESIDENTIAL X. PIN 43-A-132B; LANDMARK CHAPEL CHURCH; RP; CHURCH Y. PIN 43-A-132; HART; RP; RESIDENTIAL Z. PIN 43-A-130; BOONE; RP; RESIDENTIAL AA. PIN 43-A-110; RIDDICK; RP; RESIDENTIAL BB. PIN 4313-8-18; PARSONS; RP; RESIDENTIAL CC. PIN 4313-8-8; MORGAN; RP; RESIDENTIAL DD. PIN 4313-8-9; BLYE; RP; RESIDENTIAL EE. PIN 43B-8-11A; FLOWERS; RP; RESIDENTIAL FF. PIN 43-A-95; WEBBER; RA; RESIDENTIAL GG. PIN 43-A-94; MOULDEN; RA; RESIDENTIAL HH. PIN 43-A-93; APOSTOLIC UNITED PENTACOSTAL; RA; CHURCH PIN 43-A-9013; APOSTOLIC UNITED PENTACOSTAL; RA; CHURCH PIN 43-A-90C; LEDFORD; RA; RESIDENTIAL PIN 43-A-86; FISHERS OF MEN LAND TRUST, LLC; RA; AGRICULTURAL PIN 43-A-85; BUCKLEY LAGES, INC.; M2; INDUSTRIAL PIN 43-A-84; BUCKLEY LAGES, INC.; M2; INDUSTRIAL PIN 43-A-112A; DEHAVEN; RP; RESIDENTIAL PIN 43-A-112B; DEHAVEN NURSERY; RA; RESIDENTIAL File #2795J PINE 43-A-113; DEHAVEN; RP; RESIDENTIAL PIN 43-A-140; WEBER; RA; COMMERICAL NURSERY PIN 43-A-147; NORTH STEPHENSON, INC.; RP; RESIDENTIAL PIN 43-A-150; K & J INVESTMENTS LC; RP; RESIDENTIAL PIN 43-A-151A; NORTH STEPHENSON, INC.; RA; HEAVY COMMERCIAL PIN 43-A-50A; BRENTWOOD INVESTMENT CO.; 132; COMMERICIAL PIN 43-A-52; NEGLEY CONSTRUCTION, INC.; M1; COMMERCIAL PIN 43-A-56; K & J INVESTMENTS, LC; M1; COMMERCIAL File #2795J 0 • RUTHERFORD'S FARM TAX MAP # INSTRUMENT # 43-A-96 020011418 43-A-98 43-A-99 43-A-111 43-A-100 020011419 43-A-97 020011420 43-A-101 030023107 File 92795J/EAW/dlm 0 • Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the plamming staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Magisterial: Fire Service: Rescue Service: 10. 11. Stonewall Clearbrook Clearbrook Districts High School: Middle School: Elementary School James Wood James Wood Stonewall Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 13.4 RA; 132; B3 & M1 B2 & B3 13.4 Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Single Family homes: Non -Residential Lots: Office: Retail: Restaurant: Number of Units Proposed Townhome: Mobile Home: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Other Multi -Family Hotel Rooms: * Note: Rezoning Proffer Statement limits total structural development on 155.21-acre site to 1,400, 000 square feet. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): Date: S to+ Owner(s): Date: * Note: Please refer to executed Special Limited Power of Attorney agreement for signature of Rutherford, LLC owners. Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) John B. Schroth (Name) John S. Scully, IV of Rutherford, LLC (Phone)540-662-0323 C. Robert Solenberger (Address) 112 N. Cameron Street Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. See attached on Page , and is described as See attached Parcel:ot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) 540-662-4185 (Address) 151 Windy Hill Lane Winchester, VA' 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Is Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) ha.. d this' ' day of M2, W —, 200L, Signature(s) State of Virginia, City/C t - of 1 )Inc To -wit: I, IIcC C .�'eCklQ a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who siined to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 1'1-� day of `f" " , 200►-. My Commission Expires: }()8- Notary Public) i • 0 AMENDMENT Action: PLANNING COMMISSION: June 2, 2004 - Recommended Approval BOARD OF SUPERVISORS: July 14, 2004 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-04 OF RUTHERFORD, LLC WHEREAS, Rezoning 906-04 of Rutherford, LLC, submitted by Greenway Engineering, to rezone 13.4 acres from the RA (Rural Areas); B2 (Business General); B3 (Industrial Transition); and, M1 (Light Industrial) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts. The subject acreage is located within the northeast quadrant of the Interstate 81 interchange area, which is north and adjacent to Martinsburg Pike (Route 11 North), and east and adjacent to Interstate 81, and is identified by Property IdentificationNumber(s) 43-A-96, 43-A-97, 43-A-98, 43-A-99, 43-A-100, 43-A- 101, and 43-A-I I I in the Stonewall Magisterial District; and WHEREAS, the Plamling Commission held a public hearing on this rezoning on June 2, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 14, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 13.4 acres from the RA (Rural Areas); B2 (Business General); B3 (Industrial Transition); and, M1 (Light Industrial) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #09-04 i This ordinance shall be in effect on the date of adoption. Passed this 14t" day of January, 2004 by the following recorded vote: Richard C. Shickle, Chainnan Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Barbara E. Van Osten Aye Gary Dove Aye Bill M. Ewing Aye Ave Aye Aye A COPY ATTEST John iley, Jr. Frederick County Administrator PDRes. #09-04 • Greeni way Engineering April 5, 2004 Rutherford, LLC Rezoning RUTHERFORD' S FARM INDUSTRIAL PARK REZONING Tax Parcels 43-A-96, 43-A-97, 43-A-98, 43-A-99, 43-A-100 43-A-101 & 43-A-111 Stonewall Magisterial District Prelimirnry Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virgini4 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, . the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virgini4 shall approve Rezoning Application 01f for the rezoning of Tax Parcel 43-A-101, consisting of 0.75 acres, from RA, Rural Areas District to B2, Business General District, and to reconfigure the current Ml, Light Industrial District, B3, Industrial Transition District and B2, Business General District zoning boundaries for the remainder of the acreage to establish the following: Zoning Districts • 104.12 acres of Ml, Light Industrial District • 22.45 acres of B3, Industrial Transition District • 28.64 acres of B2, Business General District Overlay Distri ct • 155.21 acres of IA, Interstate Area Overlay District Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property is comprised of several Tax Parcels, and is more particularly described as the lands owned by Rutherford, LLC being all or part of Tax Map Parcels 43-A-96, 43-A-97, 43-A-98, 43-A-99, 43-A-100, 43-A-101 and 43-A-111. A.) Maximum Building Structure Square Feet The applicants hereby proffer to limit the total building structures to 1,400,000 square feet for the entire 155.21 acres. 1 I] L Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning B.) Prohibited Uses The following uses shall not be permitted on the proposed Industrial Park: Description Sic Truck Stop 5541 (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included) C.) Transportation 1.) Traffic Signalization a.) A traffic signal will be installed by the applicants when warranted by the Virginia Department of Transportation at the intersection of the proposed Industrial Park entrance and the unnamed Comprehensive Plan collector road in the configuration and design as approved by VDOT. The applicants shall enter into and execute a signalization agreement prior to the first site plan approval of said Industrial Park. b.) A traffic signal will be installed by the applicants when warranted by VDOT at the southbound ramps of the 317 interchange and U.S. Route 11 in the configuration and design as approved by VDOT. The applicants shall enter into and execute a signalization agreement prior to the first site plan approval of said Industrial Park. 2.) Intersection Improvements Intersection improvements at the proposed two entrances will be installed and paid for by the applicants. The existing multi -lane system on U.S. Route I will be extended north to the intersection of the proposed County Comprehensive Plan Collector Road. All left and right turn lanes and pavement transitions north and south of proposed County Comprehensive Plan Collector Road on U.S. Route 11 will be installed and paid for by the applicants. The improvements shall be completed within one year of the first site plan approval and prior to the second site plan approval for the Rutherford's Farm Industrial Park. If all or part of the intersection improvements are required for the first site plan of the Rutherford's . Farm Industrial Park, they shall be made part of and constructed with this first site plan. Greenway Engiii�ering April 5, 2004 Rutherford, LLC Rezoning 3.) Right of Way Dedication a.) The applicants hereby agree to dedicate right of way to the Commonwealth of Virginia along U.S. Route 11 adjacent to the property as determined by VDOT. This right of way dedication shall be recorded prior to the approval of the U.S. Route 11 construction plans prepared for the Rutherford's Farm Industrial Park as noted in Proffer C2 (Intersection Improvements) and Proffer C5 (Route 11 and Northbound I-81 Ramp Improvements). b.) The applicants hereby agrees to dedicate right of way to the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081-968-FlI, PE-100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). The right of way dedication shall be recorded prior to the master development plan approval for Rutherford's Farm Industrial Park. 4.) Comprehensive Plan Road Construction The applicants hereby agrees to coordinate, set aside right of way, and construct the portion of the major collector road traversing on the land herein to be rezoned and developed and as outlined in the Frederick County Comprehensive Plan Northeast Land Use Study adopted by the Frederick County Board of Supervisors on September 27, 2000. Said collector road will be incorporated in and constructed with each site plan submission that is adjacent to or part of the site plan. 5.) Route 11 and Northbound I-81 Ramp Improvements The applicants will construct a third southbound lane on US Route 11 from the northern most entrance of the applicants' property to the northbound I-81 ramp of Exit 317. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the northbound entrance ramp of the Exit 317 interchange. Additionally, the applicants will construct turning radius improvements at the entrance ramp to ensure a smooth transition. The improvements shall be completed within one year of the first site plan approval and prior to the second site plan approval for the Rutherford's Farm Industrial Park. If all or part of the intersection improvements are required for the first site plan of the Rutherford's Farm Industrial Park, they shall be made part of and constructed with this first site plan. 0 Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning D.) Historic Resource 1.) Interpretative Signs The applicants hereby proffer to provide an interpretive area in the location of the old Rutherford's Farm House along U.S. Route 11 and more particularly at the location of the old concrete steps that now remain. An easement of sufficient size will be provided for a pull -off area and viewing. Three interpretative plaques will be provided. They are as follows: • The Second Battle of Winchester The Battle of Rutherford's Farm • The Rutherford's Farm House The interpretative plaques will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. All work performed for the pull -off area will meet the minimum standards of Virginia Department of Transportation and Frederick County Ordinances in respect to Highway pull -off and safety. Ground maintenance of the interpretative area will be performed by the Rutherford's Farm Industrial Park Association under a separate continuous approved permit issued by VDOT. 2.) Landscaping A transitional landscape buffer will be provided along U.S. Route 11 from Interstate 81 traveling north to the Comprehensive Plan collector road and transmission power line easement. This landscape easement will be 15' in width and will consist of a low earthen mound of 2-3' in height with plantings of ground covers, flowers, and grasses. Indigenous trees such as redbud, oaks, cedars, etc. will be incorporated along said landscape easement in a cluster mass fashion to provide a naturally planted look. The maintenance of said landscape buffer will be the responsibility of the Rutherford's Farm Industrial Park Association and will be installed with the first commercial development adjacent to said easement. 3.) Industrial Park Name The applicant hereby proffers the naming of the Industrial Park to: "Rutherford's Farm Industrial Park" 4 Greemvay Engineering 0 April 5, 2004 0 Rutherford LLC Rezoning g E.) Lighting Building mounted lights and pole -mounted lights will be of a downcast nature and shielded and directed away from adjacent properties surrounding the proposed project. Lighting plans will be submitted as a separate attachment for review and approval by the Frederick County Plannirg Department prior to installation. F.) Signage 1.) Within the M1 (Light Industrial) Zoning District, the applicants hereby proffer that all freestanding business signs shall be monument -style not to exceed 12' in height. 2.) Within the IA (Interstate Area Overlay) Zoning District, the applicants hereby proffer to limit the total numba- of signs to three. G.) Recycling Proffer Recycling programs will be implemerted with each Industrial Park user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. This program will be reviewed and approved by the Frederick County Recycling Coordinator prior to final occupancy permit. H.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # is approved, and the property is subsequently developed within any of the B2, B3, and M1 zones, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ 10,000 for Frederick County Fire and Rescue This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid at the time of the first site plan submission I.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Greenway Enginrering9 April 5, 2004 * Ruthei%rd, LLC Rezoning Respectfully Submitted: By: �1 � �� ^©LA. utherford, LLC Date Commonwealth of Virginia, City/County of �/�'i.C�'1�Ae'Y To Wit: The foregoing instrument was acknowledged before me this ` day of I ) � 004 r(` J a-004 by �! Q n 0 J tary Public My Commission Expires j� t(1 _16%zv GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: FEMA-Rutherford's Farm Industrial Park File No: 2795C Date: July 17, 2006 To: FC Planning Attn: Candice Perkins Copied Delivery: r_ Fed Ex ❑ U.S. Mail ❑ Other From: Randy Kepler/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 F Courier ❑ Pick Up ❑ Urgent F For Your Review [F As You Requested ❑ Please Comment Message Candice, Attached is the following for the above project: -Fee cheek for $10,000.00 for Approved Proffer Condition H-monetary contribution to offset impact of developement " ��leaZ��,2D'S AZY"'N T"B%J5�1AL ?>QQ1- Thank you for your assistance. Call with any questions. Hand Delivery and Pick Ups Only: Received by; Date: ,1'i1 L 1 9 2006 Please Print Name: Ent Name AcctNo Invoice Date P.O. Num Reference Amount Discount Net FEMA Cowperwood FEMA, 1420-0000 Impace Fee 7/17/2006 Draws Record 10,000.00 0,00 10,000.00 Cowperwood FEMA, LLC Date Check No. Check Amount e: Frederick County Treasurer 7/17/2006 010020 10,000.00 Retain this statement for your records Cowperwood FEMA, LLC 245 Commerce Green Blvd., Suite 140 Sugar Land, TX 77478 Pay to the order of. is Frederick County Treasurer Amegy Bank, NA P.O. Box 27459 Houston, TX 77227-7459 Date Check No. 7/17/2006 010020 Ten Thousand AND 00/100 Dollars 35-1125 1130 Check Amount 10,000.00 VOID IF NOT C ED WITHIN 90 DAYS WITHIN DATE OF ISSUE SIGNATURE NASA COLORED BACKGROUND • ®ORDER CONTAINS MICRORRINTING 1110100 2011' 1: 113011 2581: 0051899 2951" N VIw• FORM 46809 Frederick County Department of Planning & Development 107 N. Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 i W L U �a M r" > gom 0 0- o z m � o • �? rn W, 0 EA Q 0 CO © O 0 J rn • or e Proffer Statement Pile 42795J/EAw .6 of ?; EN Review Agency Comments Pile H2795J/EAW 5- 6-04; 9:29AM; 0 Greenway Englneer;540 984 5607 0 # 2/ 3 Rezoning Comments • •, •,'•... :':'�: �. .• 14 as<s n13,t luu Irt: o,u ,r .._..r..x ...:..:.�.....�..,,,..:•.,.; ..��„•.,.•:.•r'r,,.., ......�. �,... ..::.r :....:.�. ..... �..... ..�••� ....,..,.�... to Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540)-53501828 Applicant's Name: Greenwa�En ing Bering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The subject site is located in the northeast quadrant of the intersection of Interstate 81 - Exit 317 and Martinsburg Pike (U.S. Route 11 North). Current zoning: M1, B3, B2, RA Zoning requested: M1, B3, B2 Acreage: 155.2 Virginia Department of Transportation Comments: Please see attached rommPntm . VDOT Signature & Date: Notice to VDOT — Please Return This Form to the Applicant 5— 6-04; 9:29AM; Greenway Englneer;540 284 5607 It 3/ 3 COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucat 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 May 6, 2004 Mr. Evan Wyatt C/o Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 Ref: Rutherford's Farm Industrial Park Frederick County Dear Evan: JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 The documentation within the application to rezone this property appears to have significant measurable impact on Route 11. Route 11 is the VDOT roadway, which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Rutherford's Farm Industrial Park rezoning application dated April 5, 2004 addresses transportation concerns associated with this request. 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, Sixth Edition for review. VDOT reserves the right to comment on all right-of- way needs, including right -of --way dedications, traffic signalization, and off -site roadway improvements and drainage. 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. Thank you for allowing us the opportunity to comment. Should you have any additional questions or comments, please do not hesitate to contact me at (540) 984-5600. Sinc ely, WE Lloyd A. Ingram Transportation Engineer LAUbr VirginiaDOT.org WE KEEP VIRGINIA MOVING Rezoning Comme, Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia, 22601 (540) 665-6383 rij Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Fourth Floor Winchester, Virginia (540) 665-5651 Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement,.impact analysis, and any other pertinent information. Applicant's Name: Greenway En ineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The subject site is located northwest quadrant of the intersection of Interstate 81 - Exit 317 and Martinsburg Pike (U.S. Route 11 North) Current zoning: MI B3,B2,RA Zoning requested: M1, B3, B2 Acreage: 155.2 County Attorney's Comments: % J i •cam ; �. � �.�- - � z ri�'i�- ��.-�G� to _ y, Assistant County Attorney s' Signature & Date: Notice to County Attorney — Please Return This Form to the Applicant Rezoning Commits • Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia, 22601 (540) 665-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenwgy En ineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The subject site is located northwest quadrant of the intersection of Interstate 81 - Exit 317 and Martinsburg Pike (U.S. Route 11 North) Current zoning: M1,B3,B2,RA Zoning requested: M1, B3, B2 Acreage: 155.2 Sanitation Authority Comments: /1/0 co,-, ; yl,F ii Sanatation Authority Signature & Date: Notice to Sanitation Authority —.Please Return This Form to the Applicant Rezoning Commi tits • Frederick —Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick -Winchester Service Authority with their review. Attach a copy of your application form, location map, proffer statement, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The subject site is located northwest quadrant of the intersection of Interstate 81 - Exit 317 and MartinsburgPike ike (U.S. Route 11 North) Current zoning: M1,B3,B2,RA Zoning requested: M1, B3, B2 Acreage: 155.2 ",�,dl'linc Serv' a Authority's Comments: Fred- Winc Service Authority's Signature & Dater Ilk Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant Rezoning ComnlIts • Frederick County Department of Public Works Mail to:, Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4 h Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: GreenwU Engineering_ Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The subject site is located northwest quadrant of the intersection of Interstate 81 - Exit 317 and Martinsburg Pike (U.S. Route 11 North) Current zoning: M1,B3,B2,RA Zoning requested: M1, B3, B2 Acreage: 155.2 Department of Public Work's Comments: Public Works Signature & Date: Notice to Dept. of Public Works — ,Z+YQ •'. e Return This Form to the Applicant Impact Analysis Statement Pile 112795J/GAw ■ �J w IMPACT STATEMENT RUTHERFORD' S FARM INDUSTRIAL PARK Stonewall District Frederick County, Virginia TM 43-A-96, 43-A-979 43-A-989 43-A-999 43-A-100 43-A-101 & 43-A-1119 155.21 Acres April 5, 2004 Current Owners: Rutherford, LLC Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 0 a Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning RUTHERFORD'S FARM INDUSTRIAL PARK INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of 155.21 acres parcel owned by Rutherford, LLC. The subject site is located on a natural boundary created by Interstate 81 on the western edge of the tract. Norfolk Southern and the Winchester and Western Railroads have rail lines paralleling Route 11 North. Rutherford, LLC proposes to rezoned Tax Map parcel 43-A- 101, consisting of 0.75 acres, from RA District to B2 District, and to reconfigure the existing zoning boundaries of the B2 District, B3 District and M1 District within the Rutherford's Farm Industrial Park to create an additional 4.7 acres of B2 District, and an additional 7.9 acres of B3 District, while reducing the existing M1 District acreage by 12.6 acres. A series of Zoning and Rezoning Exhibits are incorporated, which depict the existing and revised acreages, and are identified as Existing Zoning Plat — Exhibit A, Rezoning Plat - Exhibit B and Overlapped Rezoning Plat - Exhibit C. Basic information Location: Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: Proposed build -out COMPREHENSIVE PLAN Intersection of Interstate 81 and Route 11 Stonewall 43-A-96, 43-A-97, 43-A-98, 43-A-99, 43-A-100 43-A-101 & 43-A-111, Ml, B3, B2 and RA Unimproved Industrial Park and Business B2 — 28.6 Acres B3 — 22.5 Acres MI — 104.1 Acres 155.2 Acres 1.4 million sf (Based on 9000 sf per acre) The proposed site is being developed in conformance with the Comprehensive Plan, Northeast Land Use Study adopted in 1996 and updated in 2000. With in the limits of the study, the property will consist of commercial and industrial development. 2 M Greenway Engineering Rutherford, LLC Rezoning Urban Development Area required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. A. SUITABILITY OF THE SITE The subject site, tax parcels 43-A-96, 43-A- 97, 43-A-98, 43-A-99, 43-A-100, 43-A-101 and 43-A-I I I is located on a mamnade boundary created by Interstate 81 on the western edge of the tract and Martinsburg Pike (U.S. Route 11) to the east. Martinsburg Pike enables vehicular traffic to quickly travel to the south onto Interstate 81 at Exit #317. A Public Improvement Plan has been prepared to reflect the proffered road improvements plan that was approved during the original rezoning for the Rutherford's Farm Industrial Park (Rezoning Application #07-01). This Public Improvements Plan has been reviewed and approved by the Virginia Department of Transportation (VDOT). The availability of rail through the north portion of the tract increases the opportunities of transporting freight in and out of the area. Flood Plains (Exhibit C) The subject site is located on the FEMA NFIP map #510063-0105 -B. The majority of the site is located as "Zone C", area outside the 100-year flood plain. The area traversing Hiatt Run is indicated "Zone A", 100-year flood plain. The soil types on the property are well -drained and predominantly moderately sloping terrain. The southern portion of the property contains rock out crops. However, Hiatt Run travels through the northern section of the tract, which is estimated to contain one - tenth of an acre of wetland. The National Wetlands Inventory Map indicates this feature. Any disturbance of this area will be in conformance with Army Corps of Engineers and Department of Environmental Quality permitting procedures. 0 GreenwaY Engineering En ineerin April 5, 2004 Rutherford, LLC Rezoning Gradual Slopes — 2-7 % The site contains gradual slopes with well -drained soils draining into Hiatt Run. Prime Agricultural Land Use All of the aforementioned soils do not support crops without fertilization, liming, and soil management. Portions of the property contain rock out crops however; all of the soils are suitable for agricultural use such as hay, pastures, and orchards. Soil Types The following soil types contained in this tract have been obtained from the Soil Survey of Fredrick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 24, and contains nine soil types: 6C-Carbo Oaklet — Silt Loam covers approx. 13 % of site 7C-Carbo Oaklet — Rock Out Crop covers approx. 15 % of site 1413-Fredrick Poplimento — Loams covers approx. 25 % of site 1613-Fredrick Poplimento — Loams, very rocky 2-7 percent slopes, covers approx. 4 % of site 16C-Fredrick Poplimento — Loams, very rocky 7-15 percent slopes, covers approx. 13% of site 17C-Fredrick Poplimento — Rock Out Crop, covers approx. 9 % of site 3213-Oaklet Silt Loam, covers approx. 16 % of site 513-Carbo Silt Loam, covers approx. 4 % of site 34-Pagebrook Silt Loam < 1 % of site B. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned M2 (General Industrial) District South: Zoned RP (Residential Performance) District RA (Rural Area) District East: Zoned RP (Residential Performance) District RA (Rural Area) District West: Zoned B-2 (Business, General) District B-3 (Industrial Transition) District M-1 (Light Industrial) District M 0 Greenway Engineering April 5, 2004 40 Rutherford, LLC Rezoning C. TRANSPORTATION 1. Traffic The traffic impact for the Rutherford's Farm Industrial Park was determined during the rezoning process associated with Rezoning Application 407-01. The applicant proffered a significant number of on -site and off -site transportation improvements, which were approved by the Board of Supervisors. Subsequent to the approval of the proffered transportation improvements, a Public Improvements Plan was prepared by Greenway Engineering to design the required improvements to Martinsburg Pike. The Public Improvements Plan has been through the review process and has been approved by VDOT. Greenway Engineering met with representatives from VDOT and Frederick County Planning on February 26, 2004 to discuss the proposal to rezone the 0.75-acre parcel and reconfigure existing zoning boundary lines, resulting in the creation of an additional 5.4 acres of B2 District, and additional 7.9 acres of B3 District, and the elimination of 12.6 acres of M1 District. The purpose of this meeting was to determine if the increased traffic associated with the addition of 13.4 acres of commercial land use was significant enough to warrant a new traffic impact analysis (TIA) for the rezoning application. The consensus of the group was that no traffic impact analysis would be required for a rezoning application that only accounted for the 0.75-acre parcel; however, VDOT and Frederick County Plarming would need to review additional information pertaining to the 13.4 acres of new commercial land use to determine the severity of the traffic impacts. Greenway Engineering prepared a traffic impact analysis study, dated March 17, 2004, which included projected FAR calculations for the increased commercial zoning, and average daily traffic volumes for general office and shopping center land uses based on the Institute of Transportation Engineers Trip Generation Manual 7`" Edition. The results of this analysis project an increase of the average daily traffic volumes by 2,368 trips. This analysis was submitted to VDOT and the Frederick County Planning Department for review. Greenway Engineering received confirmation from the Frederick County Planting Department and VDOT that the projected increase in traffic volume associated with the proposed zoning boundary modification was acceptable. Therefore, the on -site and off -site improvements to Martinsburg Pike associated with the approved Public Improvements Plan are anticipated to accommodate the projected impacts associated with this rezoning proposal. D. SEWAGE CONVEYANCE AND TREATMENT The subject site is within the northeastern portion of the Sewer and Water Service Area (SWSA). The maximum design usage for the subject site is determined by comparing the current discharge of sewage within the developed acreage of Fort Collier Industrial Park 9 Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning and Stonewall Industrial Park. Based on discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 500 gallons/day per acre quantity is reasonable to consider for the sewer impact analysis for this commercial and industrial site. The proposed zoning will add 77,600 gpd to the public sewage conveyance system and the Opequon Waste Water Treatment plant, which currently has a treatment capacity of 8.4 mgd.. Q=500 gallons/day/acre Q=500 gpd x 155.2 acres Q=77,600 gpd Rezoning Application #07-01 projected an increase to the public sewage conveyance system of 77,200 gpd, which was acceptable to the Frederick County Sanitation Authority. The impacts associated with this rezoning proposal will add an additional 400 gpd to this conveyance and treatment system. E. WATER SUPPLY The maximum design consumption for the subject site is determined by comparing the current use of water within the developed acreage of Fort Collier Industrial Park and Stonewall Industrial Park. Based on existing water consumption patterns, FCSA has determined that 1,000 gallons/day per acre quantity is reasonable to consider for the water impact analysis for this commercial and industrial site. The water source for this acreage is the Global Chemstone quarry, in which the FCSA has a new water treatment plant and a 20-inch water transmission line through the subject site. Q=1000 gallons/day /acre Q=1000gpd X 155.2 acres Q=155,200 gpd Rezoning Application #07-01 projected an increased water demand of 154,400 gpd, which was acceptable to the Frederick County Sanitation Authority. The impacts associated with this rezoning proposal will increase this demand by an additional 800gpd. F. DRAINAGE Currently the runoff from approximately 155.2 acres drains into fingers, natural streams, and drainage ditches. These conveyances flow into Hiatt Run, which flows from the northern boundary to the east and off site. 0 ft 46 Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning The following calculations estimate the proposed storm water runoff for a ten-year flow: Existing C = 0.30 (pasture) Lo =4.6 in/hr (15min) A = 154.4 acres Qio=213 cfs (Q = CIA) Reference: VDOT Drainage Manual Proposed C = 0.90 (commercial) I i o = 5.5 irdtir (10 min) A = 154.4 acres Q io = 764 cfs (Q = CIA) Development of the subject site at maximum build -out will therefore result in an increased runoff of 559 cfs. A detailed stormwater evaluation shall be included with any site plan submittals. Detention ponds and other stormwater management facilities will be built to control storm water discharge into the above referenced streams and Hiatt Run. By controlling runoff of the site, the impact of developing the subject site on Hiatt Run will be within acceptable limits. Based on historical knowledge of this area, and in consultation with the Frederick County Public Works Department, karst topography appears to be present at the western property line adjacent to Interstate 81. Prior to master development plan preparation, an analysis of the karst topography in relationship to surface drainage will be performed to protect any further degradation that could be caused by surface drainage. G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual business consumption of landfill volume figure of 5.4 cubic yards per 1,000 square feet of commercial floor area (Civil Engineering Reference Manual, 4"' edition). The following figures show the increase in average anrival volume based on the proffered 1,400,000 square feet of total building area on the subject site. AV = 5.4 Cu. Yd. per 1,000 sq. ft. AV = 5.4 Cu. Yd. x 1,400 (1,000 sq. ft.) AV = 7,560 Cu Yd at build -out The Municipal Solid Waste area of the Regional Landfill has a current capacity of 13,100,000 cubic yards (13.1 Million Cu. Yd.) This capacity is more than adequate to accommodate the solid waste generated from this project. Furthermore, the proffer statement provides for a recycling program to be coordinated with the County to reduce the annual volume of solid waste disposal received by the Regional Landfill. 7 ft Greenway Engineering April 5, 2004 40, Rutherford, LLC Rezoning H. HISTORICAL SITES AND STRUCTURES 1. Virginia Historic Landmark Commission The Rutherford's Farm File # 10082 34-727 is sited as a Historical Landmark. However, all that remains of the house is a set of concrete steps that lead from Route 11 up to the site of the house. There is a historical marker south of the site on Route 11. Landmark records can be found on file at the Virginia Department of Historic Resources. 2. Virginia Department of Historic Resources and Archeological Sites One archeological site is noted by the Virginia Department of Historic Resources. It is a raised berm allowing access to opposite side of rail lines. However, it is abandoned and no loner in use. This site does not exhibit features that suggest eligibility for National Register consideration. Records can be found on file at the Virginia Department of Historic Resources. Conclusion of Historic Resource Advisory Board (HRAB) Meeting that was held on July 17, 2001, the Historic Resource Proffer D.1, D.2, and D.3 were a result of the HRAB meeting. The Frederick County Plamiing Department determined that additional review by the HRAB was not necessary I. OTHER IMPACTS Rutherford, LLC has not modified the Proffer Statement that was approved as a component of Rezoning Application #07-01, with the exception of revising acreage and zoning district totals. Therefore, the impacts associated with this rezoning proposal should be adequately mitigated. 0 Traffic Impact Analysis Study Pile #2795J/GAW RUTHERFORD, LLC REZONING PROPOSAL TRAFFIC IMPACT ANALYSIS STUDY Stonewall Magisterial District Frederick County, Virginia March 17, 2004 Current Owners: RUTHERFORD, LLC Contact Person: Evan Wyatt, AICP #0135028 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 1000011- GREENWAY ENGINEERING � 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 Telephone 540-662-4185 Engineers PAX 540-722-9528 Surveyors www.greenwayeng.corn so M Rutherford's Farm Rezoning Proposal Traffic Impact Analysis Study March 17, 2004 Summary Greenway Engineering and Rutherford LLC met with VDOT representatives and Frederick County Planning Department staff on February 26, 2004 to discuss a proposal to rezone a 0.75-acre parcel to B-2 District and to reapportion the current zoning boundaries for the Rutherford's Farm Industrial Park to change 12.6 acres of M1 District land to create 7.9 acres of B3 District land and 4.7 acres of B2 District land. The purpose of this meeting was to determine if the increased traffic associated with the addition of 13.4 acres of commercial land use was significant enough to warrant a new traffic impact analysis (TIA) for the rezoning application. The consensus of the group was that no traffic impact analysis would be required for a rezoning application that only accounted for the 0.75-acre parcel; however, VDOT and Frederick County Planning would need to review additional information pertaining to the 13.4 acres of new commercial land use to determine the severity of the traffic impacts. It was agreed that VDOT would review the October 26, 2001 TIA that was prepared for the original rezoning application to determine the approach agreed to for the analysis and that Greenway Engineering would prepare floor -to -area (FAR) land use data to determine a reasonable FAR calculation for this additional commercial acreage. Greenway Engineering was contacted by VDOT on March 11, 2004 and was advised that the approach agreed to for the TIA could not be determined as the VDOT traffic engineer responsible for the Rutherford's Farm Industrial Park rezoning had retired. Therefore, the base line data for the rezoning assumes a maximum of 1,400,000 square feet of structural development to occur throughout a 154.4-acre site, in which 116.7 acres are zoned M-1, Light Industrial District, 23.2 acres are zoned B-2, General Business District and 14.5 acres are zoned B-3, Industrial Transition District. The TIA utilized information from the Institute of Traffic Engineers Trip Generation Manual (ITE) 6th Edition and determined that the 1,400,000 square feet of commercial and industrial land use would produce 9,744 ADT. A transportation proffer was approved, which provided for significant improvements to Martinsburg Pike including additional travel lanes and turn lanes to serve the 154.40acre site. A Public Improvements Plan (PIP) was engineered by Greenway Engineering that was consistent with the proffered transportation improvements. This PIP was approved by VDOT on February 17, 2004. Pile 42795J/GAw Traffic Analysis Study Recognizing that the 9,744 ADT reflects the 1,400,000 square feet of commercial and industrial land use, it is important to determine the additional commercial square footage that could be expected to develop on the 13.4 acres of new commercial land area. In determining the probable land use patterns for this site, it would be reasonable to assume higher end traffic generators, which would include shopping centers on the additional B-2 District land area and offices on the additional B-3 District land area. Greenway Engineering reviewed existing land uses within Frederick County and the City of Winchester that meet the criteria for shopping center and office traffic generations. These land uses account for medium size and large offices, shopping centers with ancillary retail stores, big box retail and an indoor sports complex. These land uses represent a reasonable sampling of higher traffic generators that could occur within the commercially zoned portions of the project site. Greenway Engineering developed a table that is included with this study that provides for the FAR associated with the described land uses. The acreage and structural square footages were confirmed by the Frederick County Real Estates Office and the City of Winchester Assessor's Office in telephone conversations with Greenway Engineering. The results of this analysis demonstrate an average FAR of 0.192; therefore, this study assumes a development pattern that will yield a FAR of 0.2 for the 13.4 acres of new commercial development. The addition of 13.4 acres of commercially zoned land on the subject site can be further broken down to reflect the actual change associated with each zoning district. The change associated wit the rezoning proposal results in the following: • 5.44 acres of additional B-2 District land area • 7.95 acres of additional B-3 District land area • Reduction of 12.58 acres of M-1 District land area An exhibit depicting the new zoning boundary limits is attached with this report. This exhibit was prepared by Greenway Engineering in February 2004. Greenway Engineering obtained traffic generation projections for the Institute of Transportation Engineers Trip Generation Manual 7`I' Edition that is the current document utilized by VDOT. The following land use codes and ADT was obtained from this document: • ITE 130 Industrial Park 6.96 ADT/1000 square feet on a weekday • ITE 710 General Office Building 11.01 ADT/1000 square feet on a weekday • ITE 820 Shopping Center 49.97 ADT/1000 square feet on a Saturday File 42795J/GAW 2 a M Assuming the new commercial acreages and reduction of industrial acreage, the 0.20 FAR structural development potential and the ADT generations from the land uses identified in the ITE 7"' Edition Manual, the following provides for a reasonable projection of new vehicle trips associated with the Rutherford, LLC rezoning proposal: Additional Commercial Acreage B-2 District Area: 5.44 acres x 0.20 FAR = 47,393 square feet 47,393/1000 = 47.39 47.39 x 49.97= 2,368 ADT B-3 District Area: 7.95 acres x 0.20 FAR = 69,260 square feet 69,260/1000 = 69.26 69.26 x 11.01= 762 ADT Total New Commercial ADT Projections: 3,130 ADT Reduced Industrial Acreage B-2 District Area: 12.58 acres x 0.20 FAR = 109,596 square feet 109,596/1000 = 109.59 109.59 x 6.96 = 762 ADT Total Reduced Industrial ADT Projections: 762 ADT Projected Traffic Impact for Rezoning Proposal 3,130 ADT — 762 ADT = 2,368 ADT File #2795J/EAW 3 a M Conclusion The proposed revision to existing zoning boundaries in the Rutherford's Farm Industrial Park could potentially result in an addition of 2,368 ADT under the worst case development scenario. The Public Improvements Plan approved by VDOT provides for appropriate travel lanes and turn lanes and signalization to accommodate this scenario. The distance between the intersection at Martinsburg Pike and where the primary entrance adjoins the right-in/right-out entrance road is approximately 900 feet; therefore, adequate stacking can occur to accommodate this projected increase in commercial traffic. Furthermore, the right-in/right-out entrance will reduce the number of vehicle trips at the primary entrance by allowing movements to access Interstate 81, Route 37 or the City of Winchester. Pile #2795J/EAW 4 Rutherford's Farm Rezoning Proposal Floor -To -Area Ratio Data For Shopping Center And Office Land Use In Frederick County/Winchester March 17, 2004 Land Use Tax Map # Zoning Acreage Building Sq. Ft. FAR Apple Blossom Corners 253-1-A-2 B2 6.6 53,515 0.18 Big Lots/Joanne Fabrics 64-A-101 B2 4.6 47,520 0.23 Costco 64-8-1 B2 13.0 128,662 0.22 Corp of Engineers 64-A-89B B2 16.8 99,060 0.14 Crider & Shockey Lease 75-A-2I B3 4.0 31,334 0.18 Crossroads Mall 64-8-5 B2 1.4 13,494 0.22 Delco Plaza 64-A-4A B2 16.9 173,829 0.23 Home Depot 292-1-2 CM1 10.7 114,900 0.24 Jamesway Plaza 86-A-18 B2 19.0 93,946 0.11 Kim Henry Lease 54-A-97S B3 2.7 24,400 0.20 Lyle P. Strosnyder 75-A-217 B3 2.0 12,670 0.15 Michael Prelip Office 75-A-91E B3 1.2 15,875 0.30 Powell's Plumbing 64-A-4G B3 3.0 17,250 0.13 Sportsplex 75-A-91 C B3 6.0 76,000 0.22 Sumiyside Plaza 53-A-52E B2 9.5 48,804 0.12 Toys R Us 253-1-A-3 B2 6.3 31,107 0.11 Trex Office 42-A-198M B2 4.0 60,000 0.34 Valley Farm Credit 75-A-2G B2 2.0 9,707 0.11 Wal Mart 292-1-1 CM1 24.9 234,306 0.21 Average FAR 0.192 File 112795J/GAW OUTPUT MODULE APPLICANT: PIN 43-A-96,97,98,99,100,111 Net Fiscal Impact LAND USE TYPE business/industr Costs of Impact Cnedit;, IN —PUZMIODULE CIO t�-e_ TaISQ REAL EST VAL $127,780,934 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 1 Qa it I Faciltiies col sum only) Oper Cap-Egmip Ex _0_d/Deb1S. Taxes Other Fire and Rescue Department $730,362 Elementary Schools $0 Middle Schools $0 $0 $0 High Schools $0 Parks and Recreation $0 $0 Public Library $0 $0 Sheriffs Offices $0 $40,352 $0 $0 Administration Building $0 $0 Other Miscellaneous Facilities $0 $467,822 $94,139 SUBTOTAL $730,362 $508,174 $94,139 $0 LESS: NET FISCAL IMPACT $32,184,482 NET CAP. FACILITIES IMPACT Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per (-U�dj_ustedl Cost Balance F " ti s Impact Dwelling Unit $0 $0 $730,362 ERR $0 $0 $0 ERR $0 $0 $0 ERR $0 $0 $0 ERR $40,352 $40,352 $0 ERR $0 $0 $0 ERR $561,961 $561,961 $0 ERR $602,313 $602,313 $128,049 ERR $32,184,482 $32,184,482 ($32,184,482) ERR $01 ERR INDEX: "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.433 METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 10/15/01 ERL P.I.N. 43-A-96,97,98,99,100,111 Rezoning: Assumes155 acres zoned B2, B3, M1 utilizing a maximum of 1,400,000 square feet Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. THIS MODEL IS FOR REZONING #07-01 AND IS THE ORIGINAL MODEL CREATED 02 kARISON A JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA C:) Ik O THIS DEED, made this f day of July, 2002, by and between RICHARD R. , of the first part, hereinafter called the Grantor; and RUTHERFORD, LLC, a irginia limited liability company, of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), z in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, Grantor does grant and convey, with General Warranty and with English Covenants of e, unto the Grantee, in fee simple, the following property: All of that certain lot or parcel of land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, lying and being situate on the Martinsburg Pike, U. S. Route 11, about two miles northeast ofthe CityofWinchester, in Stonewall Magisterial District, Frederick County, Virginia, containing 1.310 acres, more or less, and more particularly described by plat and survey of Lee A. Ebert, C.L.S., dated April 11, 1983, attached to that certain deed to Donald W. Moulden, Sr., et ux., dated April 20, 1983, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 563, at Page 338, and being the same property acquired by the Grantor herein. by Deed from said Donald W. Moulden, Sr., et ux., dated June 14, 2000, and recorded in the aforesaid Clerk's Office in Deed Book 968, at Page 92. Tax Map No. 43-A-100 Reference is hereby made to the aforesaid instruments for a further and more particular iption of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of d, if any, affecting the subject property, EXCEPT THAT the Grantor herein expressly ;es and declares void and of no further effect that certain covenant regarding "the old a building" as set forth in that certain deed from Ray H. Duncan, et ux., to Max W. s, et ux., dated October 3, 1952, and of record in the aforesaid Clerk's Office in Deed 225, at Page 377. r•� N GJ WITNESS the following sig ature and x k-'. {SEAL) Richard R. Duncan 'ATE OF VIRGINIA AT LARGE OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this /6 day of July, 2002, Richard R. Duncan. Notary lic expires IZ) 2 00� ! h�r(t1 k~r�Jlj. l . u w }- rc, VIRGINIA: FREDERICK COUNTY, SCT. This instrtulnent of writing was proddtwed tto�mee On M :nd with certificate of acknowledgement thereto annexed ,vas admitted o record. Ta imposed by Sec. 58.1-802 o€ , and 58.1-801 have been paid, if assessable A��r, Clerk kRRISON d JOHNSTON ATTORNEYS AT LAW NINCHESTER, VIRGINIA 02 kARISON A JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA o 0 P415 r tv THIS DEED, made this a day of July, 2002, by and between RICHARD R. NCAN, of the first part, hereinafter called the Grantor; and RUTHERFORD, LLC, a ;inia limited liability company, of the second part, hereinafter called the Grantee. WI'7NESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), i in hand paid and other valuable consideration, receipt whereofis hereby acknowledged, Grantor does grant and convey, with General Warranty and with English Covenants of e, unto the Grantee, in fee simple, the following property: All of that certain lot or parcel of land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, lying and being situate on the Martinsburg Pike, U. S. Route 11, about two miles northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, containing 1.310 acres, more or less, and more particularly described by plat and survey of Lee A. Ebert, C.L.S., dated April 11, 1983, attached to that certain deed to Donald W. Moulden, Sr., et ux., dated April 20, 1983, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 563, at Page 338, and being the same property acquired by the Grantor herein by Deed from said Donald W. Moulden, Sr., et ux., dated June 14, 2000, and recorded in the aforesaid Clerk's Office in Deed Book 968, at Page 92. Tax Map No. 43-A-100 Reference is hereby made to the aforesaid instruments fora further andmore particular of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of 1, if any, affecting the subject property, EXCEPT THAT the Grantor herein expressly es and declares void and of no further effect that certain covenant regarding "the old I building" as set forth in that certain deed from Ray H. Duncan, et ux., to Max W. , et ux., dated October 3, 1952, and of record in the aforesaid Clerk's Office in Deed 225, at Page 377. r� c� WITNESS the following sig ature and se -&. (SEAL) Richard R, Duncan ATE OF VIRGINIA AT LARGE OF WINCHESTER, To -wit: The foregoing instr=ent was acknowledged before me this /40 day of July, 2002, Richard R. Duncan. Notary lic expires 2005- _4 0 �, Q } "o . VIRGINIA: FREDERICK COUNTY, SCT. This instrtunnnnnt of/writing was produced to me on at :ad with certificate of acknowledgement thereto annexed ,vas admitted to record. Ta imposed by Sea 58.1-802 Of $) 90 - ,and 58.1-801 have been paid, if assessable 4e_t AAr ' Clerk kRRISON 6 JOHNSTON ATTORNEYS AT LAW MNCHESTM VIRGINIA O A,io N THIS DEED, made this i f- day of July, 2002, by and between RICHARD R. , of the first part, hereinafter called the Grantor; and RUTHERFORD, LLC, a limited liability company, of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), i in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, Grantor does grant and convey, with General Warranty and with English Covenants of e, unto the Grantee, in fee simple, the following property; All of that certain lot or parcel of land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, lying and being situate on the Martinsburg Pike, U. S. Route 11, about two miles northeast ofthe City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, containing 1.310 acres, more or less, and more particularly described by plat and survey of Lee A. Ebert, C.L.S., dated April 11, 1983, attached to that certain deed to Donald W, Moulden, Sr., et ux,, dated April 20, 1983, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 563, at Page 338, and being the same property acquired by the Grantor herein. by Deed from said Donald W. Moulden, Sr,, et ux., dated June 14, 2000, and recorded in the aforesaid Clerk's Office in Deed Book 968, at Page 92. Tax Map No. 43-A-100 Reference is hereby made to the aforesaid instruments for a further and more particular of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of 1, if any, affecting the subject property, EXCEPT THAT the Grantor herein expressly es and declares void and of no further effect that certain covenant regarding "the old i building" as set forth in that certain deed from Ray H. Duncan, et ux., to Max W. o, et ux,, dated October 3, 1952, and of record in the aforesaid Clerk's Office in Deed 225, at Page 377, LRRISON A JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA • C� r� N GJ WITNESS the following sig ature and se Qk----(SEAL) Richard R, Duncan ATE OF VIRGINIA AT LARGE OF WINCHESTER, To -wit: The foregoing instrtunent was acknowledged before me this /Q day of July, 2002, Richard R. Duncan. Notary lic expires ; •.,, If 00 ' u t 0 r: ; ^i J r.� VIRGINIA: FREDERICK COUNTY, SCT. 'ibis instrument of writing was Produced to me On :ad with certificate of acknowledgement thereto annexed ,vas admitted to record. Ta imposed by Sea 58.1-8Q2 of s / MOD , and 58.1-801 have been paid, if assessable ��� A-/ r' ' Clerk kRRISON 6 JOHNSTON ATTORNEYS AT LAW MNCHESTEK VIRGINIA 0 k3 kRRISON d JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA o tv THIS DEED, made this 10 day of July, 2002, by and between RICHARD R. , of the first part, hereinafter called the Grantor; and RiTT'HERFORD, LLC, a limited liability company, of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), in hand paid and other valuable consideration, receipt whereofis hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of unto the Grantee, in fee simple, the following property: All of that certain lot or parcel of land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, lying and being situate on the Martinsburg Pike, U. S. Route 11, about two miles northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, containing 1.310 acres, more or less, and more particularly described by plat and survey of Lee A. Ebert, C.L.S., dated April 11, 1983, attached to that certain deed to Donald W. Moulden, Sr., et ux., dated April 20, 1983, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 563, at Page 338, and being the same property acquired by the Grantor herein by Deed from said Donald W. Moulden, Sr., et ux., dated June 14, 2000, and recorded in the aforesaid Clerk's Office in Deed Book 968, at Page 92. Tax Map No. 43-A-100 Reference is hereby made to the aforesaid instruments for a further and more particular iption of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of 3, if any, affecting the subject property, EXCEPT THAT the Grantor herein expressly ,es and declares void and of no further effect that certain covenant regarding "the old a building" as set forth in that certain deed from Ray H. Duncan, et ux., to Max W. s, et ux., dated October 3, 1952, and of record in the aforesaid Clerk's Office in Deed 225, at Page 377. • 0 C� C'J N GJ WITNESS the following sig ature and se {SEAT.,) Richard R, Duncan TE OF VIRGINIA AT LARGE OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this /Q day of July, 2002, Richard R. Duncan. (1y" Notarylic expires AZ). ,2005� -� 0. t O ;0 VIRGINIA: FREDERICK COUNTY, SC'I'. This instrument of writing was produced to me on aUj at :nd with certificate of acknowledgement thereto annexed ,vas admitted to record. Ta imposed by See- 58.1-802 of S i0'6D , and 58.1-801 have been paid, if assessable kRRISON d JOHNSTON ATTORNEYS AT LAW MNCHESTER VIRGINIA 02 \RRISON d JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA o 01 4A,9 THIS DEED, made this day of July, 2002, by and between RICHARD R. , of the first part, hereinafter called the Grantor; and RUTHERFORD, LLC, a ;inia limited liability company, of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), x in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, Grantor does grant and convey, with General Warranty and with English Covenants of e, unto the Grantee, in fee simple, the following property: All of that certain lot or parcel of land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, lying and being situate on the Martinsburg Pike, U. S. Route 11, about two miles northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, containing 1.310 acres, more or less, and more particularly described by plat and survey of Lee A. Ebert, C.L.S., dated April 11, 1983, attached to that certain deed to Donald W. Moulden, Sr., et ux., dated April 20, 1983, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 563, at Page 338, and being the same property acquired by the Grantor herein by Deed from said Donald W. Moulden, Sr,, et ux., dated June 14, 2000, and recorded in the aforesaid Clerk's Office in Deed Book 968, at Page 92. Tax Map No. 43-A-100 Reference is hereby made to the aforesaid instruments for a further and more particular of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of i, if any, affecting the subject property, EXCEPT THAT the Grantor herein expressly es and declares void and of no further effect that certain covenant regarding "the old L building' as set forth in that certain deed from Ray H. Duncan, et ux., to Max W. et ux,, dated October 3, 1952, and of record in the aforesaid Clerk's Office in Deed 225, at Page 377. c� r•� N GJ WITNESS the following sig ature and se (SEAL) Richard R, Duncan ATE OF VIRGINIA AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this /Q day of July, 2002, Richard R. Duncan. (1� Notary 166lic expires ; •.,:, ., , 200 ri 00 �> VIRGINIA: FREDERICK COUNTY, SCT. This instrument of//writing was prodtwed to me on at M :-,Id with certificate of acknowledgement thereto annexed ,vas admitted vo record. Ta imposed by Sec. 58.1-802 of / p •i7� , and 58.1-801 have been paid, if assessable 44� AA't, , Clerk kRRISON A JOHNSTON ATTORNEYS AT L.AW MNCHESTER VIRGINIA Verification of Taxes Paid File I12795J/GAw wN 4 ' T A X R E C E I T- Y E A R 2 0 0 3 FREDERICK COUNTY C. WILLIAM ORNDOF , JR P.O. BOX 225 WINCHESTER VA 22604-0225 2003 REAL ESTATE TAXES 5.50 ACRES 43 A Acres: Ticket #:00288980002 @@ Date : 12/10/2003 Register: CJO/MW Trans. #: 20857 Dept # RE200302 ACCT# 8617 Previous 96 Balance $ 200.75 5.50 Principal Being Paid $ 200.75 Land: 55000 1 Imp: 0 Penalty $ •00 Interest $ .00 RUTHERFORD, LLC Amount Paid $ 200.75 *Balance Due 112 N CAMERON ST as of 12/10/2003$ .00 WINCHESTER, VA 22601 4745 Check 12627.53 # BBT 1081 Pd by RUTHERFORD, LLC ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. T A X R E C E I P T - Y E A R 2 0 0 3 FREDERICK COUNTY C- WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2003 REAL ESTATE TAXES 8-93 ACRES 43 A Acres: (DUPLICATE) Ticket #:00288990002 @@ Date : 12/10/2003 Register: CJO/MW Trans. #: 20857 Dept # RE200302 ACCT# 8618 Previous 97 Balance $ 325.94 8.93 Principal Being Paid $ 325.94 Land: 89300 Imp: 0 Penalty $ .00 Interest $ •00 RUTHERFORD, LLC Amount Paid $ 325.94 *Balance Due 112 N CAMERON ST as of 12/10/2003$ •00 WINCHESTER, VA 22601 4745 Check 12627.53 # BBT 1081 Pd by RUTHERFORD, LLC ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• T A X R E C E I P T - Y E A R 2 0 0 3 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2003 REAL ESTATE TAXES 2.66 ACRES 43 A Acres: (DUPLICATE) Ticket #:00289000002 as Date : 12/10/2003 Register: CJO/MW Trans. #: 20857 Dept # RE200302 ACCT# 8619 Previous 98 Balance $ 97.09 2.66 Principal Being Paid $ 97.09 Land: 26600 Imp: 0 Penalty $ •00 Interest $ .00 RUTHERFORD, LLC Amount Paid $ 97.09 *Balance Due 112 N CAMERON ST as of 12/10/2003$ .00 WINCHESTER, VA 22601 4745 Check 12627.53 # BBT 1081 Pd by RUTHERFORD, LLC ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A X R E C E T T- FREDERICK COUNTY F Y E A R 2 0 0 3 46 Ticket Date #:00289010002 aW : 12/10/2003 C. WILLIAM ORNDOF JR Register: CJO/MW P.O. BOX 225 Trans. #: 2085? WINCHESTER VA 22604-0225 Dept # ACCT# - RE200302 8620 2003 REAL ESTATE TAXES Previous 115.30 ACRES 43 A 99 Balance $ 10521.12 Acres: 115.30 Principal Being Paid $ 10521.12 Land: 2882500 Imp: 0 Penalty $ .00 Interest $ .00 RUTHERFORD, LLC Amount Paid $ 10521.12 *Balance Due 112 N CAMERON ST as of 12/10/2003$ .00 WINCHESTER, VA 22601 4745 Check 12627.53 # BBT 1081 Pd by RUTHERFORD, LLC ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A X R E C E I P T - Y E A R 2 0 0 3 Ticket #:00289020002 BW FREDERICK COUNTY Date : 12/10/2003 C. WILLIAM ORNDOFF, JR Register- CJO/MW P.O. BOX 225 Trans. #: 20857 WINCHESTER VA 22604-0225 Dept # ACCT# RE200302 - 8621 2003 REAL ESTATE TAXES Previous 1.32 ACRES 43 A 100 Balance $ 48.18 Acres: 1.32 Principal Being Paid $ 48.18 Land: 13200 Imp: 0 Penalty $ .00 Interest $ .00 RUTHERFORD, LLC Amount Paid $ 48.18 *Balance Due 112 N CAMERON ST as of 12/10/2003$ .Q0 WINCHESTER, VA 22601 4745 Check 12627.53 # BBT 1081 Pd by RUTHERFORD, LLC ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A X R E C E I P T - Y E A R 2 0 0 3 Ticket #:00330860002 as FREDERICK COUNTY Date : 10/08/2003 C. WILLIAM ORNDOFF, JR Register: COS/CO P.O. BOX 225 Trans. #: 43322 Dept # RE200302 WINCHESTER VA 22604-0225 ACCT# 8622 2003 REAL ESTATE TAXES Previous •75 ACRE 43 A 101 Balance $ 516.11 Acres: .75 Principal Being Paid $ 516.11 Land: 39000 Imp: 102400 Penalty $ .00 Interest $ .00 TAYLOR, CHARLES C & MARY M Amount Paid $ 516.11 *Balance Due 2201 COLSTON DR as of 10/08/2003$ .00 SILVER SPRING, MD 20910 2545 Check 516.11 # BOC 14415 Pd by MCKEE & BUTLER ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A X R E C E I P T - Y E A R 2 0 0 3 FREDERICK COUNTY C• WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2003 REAL ESTATE TAXES 21.00 ACRES 43 A Acres: Ticket #:00289030002 Wa3 Date : 12/10/2003 Register: CJO/MW Trans• #: 20857 Dept # RE200302 ACCT# 8632 Previous 111 Balance $ 1434.45 21.00 Principal Being Paid $ 1434.45 Land: 280000 Imp: 113000 Penalty $ •00 Interest $ .0❑ RUTHERFORD, LLC Amount Paid $ 1434.45 *Balance Due 112 N CAMERON ST as of 12/10/2003$ .00 WINCHESTER, VA 22601 4745 Check 12627.53 # BBT 1081 Pd by RUTHERFORD, LLC ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant I1 SUBJECT: Return Of Sign Deposit DATE: July 21, 2004 The amount of $50.00 was deposited in line item 93-010-019110-0008 for the person named below as a deposit for one sign for Rezoning #06-04 for Rutherford, LLC. He has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Rutherford, LLC 112 N. Cameron St. Winchester, VA 22601 RSA/pd RUTHERFORD, REZONING APPLICATION Stonewall Magisterial District Frederick County, Virginia TM 43-((A))-96; 97; 98; 99; 100; 101 & 111 155.21 Acres May 7, 2004 Current Owner: Contact Person: RUTHERFORD, LLC Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Telephone 540-662-4185 PAX 540-722-9528 www.greenwayeng.com Md9/f96LZ/f 3H dvW uoilvaorl 0 0 Rezoning Plat rile I12795J/BAW Rezoning Application Application Review Fee Pile 112795J/GAW • RUTHERFORD, LLC 07-02 112 N. CAMERON ST. WINCHESTER, VA 22601-4745 Pay to th Order of k 1099 Date 68-426/514 1 �' 47001 c v ;Dollars 8� BB&T / BRANCH BANKING AND TRUST COMPANY WINCHESTER, VIRGINIA `\ For 1 1:0S I404 2601:S 134 17 270Silo s�,o,..AnwKun GUARDIANS FETY BLUE DEBL REZ # 06 - 04 // Rutherford, LLC y�e vi O 85� � or RUTHERFORD, LLC 43 A 99 43 A 96 C s e� Q� Jessica Ln A 97 RUTHERFORD, LLC 43 A 111 �a 43 - A - 98 RUTHERFORD, LLC Rutherford, Ilc 43 A 99 43-A-101 Ghee Rd RuCrerlord, Ilk iSkbot' 43-A-100 O Rutherford, He Z tD Q �a tz Map Features Railroads V Primary Roads Secondary Roads Terciary Roads Parcel Lines Rez#06-04 660 330 0 660 Feet Created by Frederick County Department of Planning & Development This map is for general reference and is not to be construed as accurate Locate actual property documents on S file with the Frederick County Clerk's Office. REZ # 06 - 04 // Rutherford, LLC a F6e y 0 Gr�O 0 I /, r� A RUTHFRFORO• LC 43 A / 43 A Jessica Ln +3 A s% RUTHERFORD, LLC 43 A 111 $e` RL?HERFORD,LLC 43 A 99 43-A-98 Rutherford, Ilc \\ 43-A-101 Rd \.- + Rutherford, llc 4� 43-A-100 Ruffm1ord, k A iYd; Z `— Map Features Railroads Primary Roads Secondary Roads Tertiary Roads Parcel Lines Rez#06-04 660 330 0 660 Feet Created by Frederick County Department " of Planning & Development This map is for general reference and is not to be construed as accurate. Locate actual property documents on s file with the Frederick County Clerk's Office. M ,dP 'A Tani n eTinAl M 1 1 16. 7 ACRES B3 14.5 ACRES B2 23.2 ACRES TOTAL AREA = 154.4 ACRES -_.._. Wl'VCHESTER & WESTERN RAIL ROA — 0 B-3 P— =74 60.0 P(5TpMAc_ \o�F•\ \ B - 2 o so . \ 1 l EXHIBIT A U.S. ROUTE I 1 MARTINSBURG PIKE a-o (D_0 Zc ZJ 0 N � 0s Z~_ � o Cn X W So cc D 0 Z M� I.L 0 LL cc W D cc DATE: - JULY 16, 2001 1 SCALE: - I' - 500 DESIGNED BY: - MOS JOB NO 2795 SHEET - 1 OF - I • 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 NOTIFICATION OF PUBLIC HEARING June 30, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-04 FOR RUTHERFORD, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 14, 2004, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 06-04 of Rutherford, LLC, submitted by Greenway Engineering, Inc., to rezone 13.4 acres from the RA (Rural Areas); B2 (Business General); B3 (Industrial Transition); and, MI (Light Industrial) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts. The subject acreage is located within the northeast quadrant of the Interstate 81 interchange area, which is north and adjacent to Martinsburg Pike (Route 11 North), and east and adjacent to Interstate 81, and is identified by Property Identification Nunnber(s) 43-A-96, 43-A-97, 43-A-98, 43-A-99, 43-A-100, 43-A-101, and 43-A-I I I in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: ,A,vw.co.frederick.va.us. Sincerely, Christopher M. Mohn Deputy Director CMM/bad 107 North Dent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on ,6�3 D D from the Department of Planning and Development, Frederick County, Virg a: 43 - A- - 149- 43 - A- - 96- RUTHERFORD,LLC 112 N CAMERON ST WINCHESTER, VA 22601.4745 0 wid �A-- Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 PrPP` 43C - 3- - 9- LYONS, CAROL R & RONALD S DEHAVEN, THOMAS H 1840 MARTINSBURG PIKE WINCHESTER, VA 22603.4707 43C - 2- - 1- BAKER, R. WAYNE & IMOGENE A. 1854 MARTINSBURG PIKE WINCHESTER, VA. 22603.4707 43C - 2- - 2- CURTIS, ELIZABETH DAWN 1864 MARTINSBURG PIKE WINCHESTER, VA 22603.4707 43C - 2- • 3- 1303 GRAND AVE STE 133 FITZWATER, COURTNEY L. SR. ARROYO GRANDE, CA 93420.2461 1876 MARTINSBURG PIKE 43C - 3- - 7-A WINCHESTER, VA. 22603.4707 NORTH STEPHENSON, INC. 1800 MARTINSBURG PIKE 43C • 1- - A- WINCHESTER, VA. 22603.4707 MESSICK, ROY R. & NANCY L. 1897 MARTINSBURG PIKE 43C • 3• - 6- WINCHESTER, VA. 22603.4768 SANDY, WILLIAM E. 1744 MARTINSBURG PIKE WINCHESTER, VA. 22603.4706 43C - 3- - 3- K & J INVESTMENTS, LC 1800 MARTINSBURG PIKE Chri o h r M. Mohn, Deputy Director WINCHESTER, VA 22603.4707 Frederick Co. Planning Dept. Sl•AfE Ul+' V1KU11V1A COUNTY OF FREDERICK l, , a Notary Public in and for the State and County aforesaid, do h eby certify that C istopher M. Mohn, Deputy Director for the Department of PI n ing and Develop ent, whose name is signed to the foregoing, dated .�Q SOD , has personally appeared before me and acknowledged the same in my S e and County aforesaid. Given under my hand this day of My commission expires on X--4�-- / i J-b© aco NOTARY BLIC )c�c 43 - A- - 102- BML, LC 112 LAUNCHRIS DR 6 WINCHESTER, VA. 22602.6677 43 - A- - 103- JOHNSON, ROBERT B. 2054 NORTHWESTERN PIKE WINCHESTER, VA. 22603.3947 43 - A- - 104- MOORE, MICHAEL A 1927 MARTINSBURG PIKE WINCHESTER, VA 22603.4714 43 - A- - 105- RISSLER, THOMAS W. & MARY L. 1937 MARTINSBURG PIKE WINCHESTER, VA. 22603.4714 43 - A- - 106- LEE, RONALD A & MARY C 1947 MARTINSBURG PIKE WINCHESTER, VA 22603.4714 43 - A- - 107- MCQUAIN, CLIFFORD D & ETALS 1957 MARTINSBURG PIKE WINCHESTER, VA 22603.4714 43 - A- - 108- NETHERS, PATRICIA S 915 WELLTOWN RD WINCHESTER, VA. 22603.4560 43 - A- - 109- MERRYMAN, SCOTT E & LINDA M 1995 MARTINSBURG PIKE WINCHESTER, VA. 22603.4714 43 - A- - 134-B PIFER, WILLIAM PO BOX 725 WINCHESTER, VA 22604.0725 43 - A- - 134- WILLIAMSON, LINWOOD R. 2014 MARTINSBURG PIKE WINCHESTER, VA. 22603.4709 43 - A- - 133- HART, ROBERT A. & ALICE C. 2024 MARTINSBURG PIKE WINCHESTER, VA 22603.4709 43 - A- - 132-B LANDMARK CHAPEL CHURCH 729 ROUND HILL RD WINCHESTER, VA 22602.2236 43 132- HAROHN E. & SHANNON K. 682 CEDAR GROVE RD WINCHESTER, VA 22603.3000 43 - A- - 130- BOONE, JAMES L & SHARON H 2060 MARTINSBURG PIKE WINCHESTER, VA 22603.4709 43 - A- - 110- RIDDICK, THOMAS E. JR. & JANET 2045 MARTINSBURG PIKE WINCHESTER, VA. 22603.4715 43B-8.- 18. PARSONS, JAMES WARREN 390 WELLTOWN RD WINCHESTER, VA 77Rnl-AA')n 43B - 8- - 8- MORGAN, RONALD F & ROSEMARIE A 438 WELLTOWN RD WINCHESTER, VA. 22603.4543 43B - 8- - 9- BLYE, MICHAEL A. 337 N LOUDOUN ST APT 3 WINCHESTER, VA 22601.4067 43B - 8- - 11-A FLOWERS, MARY A 456 WELLTOWN RD WINCHESTER, VA 22603.4543 43 - A- - 95. WEBBER, BEVERLEY L 484 WELLTOWN RD WINCHESTER, VA 22603.4543 43 - A- - 94. MOULDEN, HOWARD K. 490 WELLTOWN RD WINCHESTER, VA 22603.4543 43 - A- - 93- TRUSTEES OF THE APOSTOLIC UNITED PENTECOSTAL CHURCH 189 PARSON CT WINCHESTER, VA 22603.4517 43 - A- - 90-C LEDFORD, WILLIAM M & ALICE C 149 PARSON CT WINCHESTER, VA 22603.4517 43 - A- - 86- NEW COVENANT CHRISTIAN CHURCH 726 WARM SPRINGS RD WINCHESTER, VA 22603.2722 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 43 - A- - 85- BUCKLEY LAGES, INC PO BOX 3214 WINCHESTER, VA 22604.2414 43 - A- - 112-A DEHAVEN, CHARLES STUART 2073 MARTINSBURG PIKE WINCHESTER, VA 22603.4715 43 - A- - 112-B DEHAVEN NURSERY, INC 2077 MARTINSBURG PIKE WINCHESTER, VA 22603.4715 43 -A- - 113- DEHAVEN,JANE M 2073 MARTINSBURG PIKE WINCHESTER, VA 22603.4715 43 - A- - 140- WEBER, MICHAEL S. 937 MARTINSBURG PIKE WINCHESTER, VA 22601.4306 43 - A- - 50-A BRENTWOOD INVESTMENT COMPANY 1323 JAMESTOWN RD STE 101 WILLIAMSBURG, VA 23185.3367 STATE OF VIRGINIA COUNTY OF FREDERICK 43 - A. - 52. 1.81 MINI STORAGE, LLC 127 MERCEDES CT WINCHESTER, VA 22603.4638 Christopher M. Mohn, Deputy Director Frederick Co. Planning Dept. 1, , a Notary Public in and for the State and County aforesaid, do hereby certify that Christopher M. Mohn, Deputy Director for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC .62, v 6 -d V 0 Rutherford L.L.C. Rezoning) Adjoining Property Information: TO: Barbara - Data Processing FROM: Bev - Pla ning Dept. Please print sets of labels by: 1 a ( THANKS111 A. PIN 43C-3-9; RICHARDS; RP; RESIDENTIAL V B. PIN 43C-3-7A; NORTH STEPIIENSON, INC.; RP; RESIDENTIAL Z-1 C. PIN 43C-3-6; SANDY; RP; RESIDENTIAL— D. PIN 43C-3-5; NORTH STEPIIENSON, INC.; RP; RESIDENTIAL' E. PIN 43C-3-4; NORTH STEPHENSON, INC.; RP; RESIDENTIAL' F. PIN 43C-3-3; K & J INVESTMENTS, LC; RP; RESIDENTIAL ✓ G. PIN 43C-3-2; NORTH STEPHENSON, INC.; RP; RESIDENTIAL H. PIN 43-A-149; DEHAVEN; RP; RESIDENTIAL I. PIN 43C-2-1; BAKER; RP; RESIDENTIAL ✓ J. PIN 43C-2-2; CURTIS; RP; RESIDENTIAL K. PIN 43C-2-3; FITZWATER; RP; RESIDENTIAL L. PIN 43C-1-A; MESSICK; RP; RESIDENTIAL v M. PIN 43-A-102; BRADFORD VILLAGE APARTMENTS; RP; RESIDENTIAL N. PIN 43-A-103; JOHNSON; RP; RESIDENTIAL- O. PIN 43-A-104; MOORE; RP; RESIDENTIAL v P. PIN 43-A-105; RISSLER; RP; RESIDENTIAL Q. PIN 43-A-106; LEE; RP; RESIDENTIAL — R. PIN 43-A-107; MCQUAIN; RP; RESIDENTIAL S. PIN 43-A-108; NETHERS; RP; RESIDENTIAL T. PIN 43-A-109; KEITER; RP; RESIDENTIAL U. PIN 43-A-134B; PIFER; RP; RESIDENTIAL V. PIN 43-A-134; WILLIAMSON; RP; RESIDENTIAL W. PIN 43-A 133; HART; RP; RESIDENTIAL v X. PIN 43-A-132B; LANDMARK CHAPEL CHURCH; RP; CHURCH Y. PIN 43-A-132; HART; RP; RESIDENTIAL Z. PIN 43-A-130; BOONE; RP; RESIDENTIAL AA. PIN 43-A-110; RIDDICK; RP; RESIDENTIAL BB. PIN 4313-8-18; PARSONS; RP; RESIDENTIAL CC. PIN 4313-8-8; MORGAN; RP; RESIDENTIAL DD. PIN 4313-8-9; BLYE; RP; RESIDENTIAL EE. PIN 43B-8-11A; FLOWERS; RP; RESIDENTIAL f FF. PIN 43-A-95; WEBBER; RA; RESIDENTIAL � GG. PIN 43-A-94; MOULDEN; RA; RESIDENTIAL HH. PIN 43-A-93; APOSTOLIC UNITED PENTACOSTAL; RA; CHURCH v PIN 43-A-9013; APOSTOLIC UNITED PENTACOSTAL; RA; CHURCH PIN 43-A-90C; LEDFORD; RA; RESIDENTIAL PIN 43-A-86; FISHERS OF MEN LAND TRUST, LLC; RA; AGRICULTURAL PIN 43-A-85; BUCKLEY LAGES, INC.; M2; INDUSTRIAL PIN 43-A-84; BUCKLEY LAGES, INC.; M2; INDUSTRIAL PIN 43-A-112A; DEHAVEN; RP; RESIDENTIAL PIN 43-A-11213; DEHAVEN NURSERY; RA; RESIDENTIAL ,`� File #2795J 0 0 PINE 43-A-113; DEHAVEN; RP; RESIDENTIAL PIN 43-A-140; WEBER; RA; COMMERICAL NURSERY PIN 43-A-147; NORTH STEPHENSON, INC.; RP; RESIDENTIAL L-1 PIN 43-A-150; K & J INVESTMENTS LC; RP; RESIDENTIAL PIN 43-A-151A; NORTH STEPHENSON, INC.; RA; IIEAVY COMMERCIAL PIN 43-A-50A; BRENTWOOD INVESTMENT CO.; 132; COMMERICIAL PIN 43-A-52; NEGLEY CONSTRUCTION, INC.; M1; COMMERCIAL PIN 43-A-56; K & J INVESTMENTS, LC; M1; COMMERCIALS File #2795J • • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 19, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-04 FOR RUTHERFORD, LLC On behalf of the Frederick County Plannning Commission, you are hereby notified of a. public hearing being held on Wednesday, June 2, 2004; at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 1.07 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 1106-04 of Rutherford, LLC, submitted by Greenway Engineering, Inc., to rezone 13.4 acres from the RA (Rural Areas); B2 (Business General); B3 (Industrial Transition); and; MI (Light Industrial) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts. The subject acreage is located within the northeast quadrant of the Interstate 81 interchange area, which is not and adj acent to Martinsburg Pike (Route 11 North), and east and adjacent to Interstate 81, and is identified by Property Identification Number(s) 43-A-96, 43-A-97, 43-A-98, 43-A-99, 43-A-100, 43-A-101, and 43-A-I I I in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.f ederick.va.us/PlaivaingAndDevelopment/PlanningAndDev.htm. Sincerely, Christop ter M. Molnn Deputy Director CMM/bad 107 North Kent Street - Winchester, Virginia 22601-5000 1] 0 This is to certify that the attached correspondence was mailed to the following on z_ / ,,�- o o from the Department of Planning and Development, Frederick Countv, Virginia: 43 - A- - 96- RUTHERFORD,LLC 112 N CAMERON ST WINCHESTER,VA Mr. Marls D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 22601.4745 (' W7U�/`- 43C - 3- - 9- LYONS, CAROL R & RONALD S 1303 GRAND AVE STE 133 ARROYO GRANDE, CA 93420.2461 43C - 3- - 7-A NORTH STEPHENSON, INC. 1800 MARTINSBURG PIKE WINCHESTER, VA. 22603.4707 43C - 3- - 6- SANDY, WILLIAM E. 1744 MARTINSBURG PIKE 43 - A- - 149- DEHAVEN, THOMAS H 1840 MARTINSBURG PIKE WINCHESTER, VA 22603.4707 43C -2- - 1- BAKER, R. WAYNE & IMOGENE A. 1854 MARTINSBURG PIKE WINCHESTER, VA. 22603.4707 43C - 2- - 2- CURTIS, ELIZABETH DAWN 1864 MARTINSBURG PIKE WINCHESTER, VA 22603.4707 43C - 2- - 3- FITZWATER, COURTNEY L. SR. 1876 MARTINSBURG PIKE WINCHESTER, VA. 22603.4707 43C - 1- - A- MESSICK, ROY R. & NANCY L. 1897 MARTINSBURG PIKE WINCHESTER, VA. 22603.4768 WINCHESTER, VA. 22603.4706 43C - 3- - 3- K & J INVESTMENTS, LC 1800 MARTINSBURG PIKE ` WINCHESTER, VA 22603.4707 Chri top er M. Mohn, Deputy Director Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do reby certify that Christopher M. Mohn, Deputy Director for the Department of Planni 7g nd Development, whose name is signed to the foregoing, dated J , has personally appeared before me and acknowledged the same in my State land toaty aforesaid. 0 Given under my hand this ay of d( C My commission expires on O NOTARY BLIC U 43 - A- • 102- BML, LC 43 - A- - 132- HARTON E. & SHANNON K. 112 LAUNCHRIS DR 682 CEDAR GROVE RD WINCHESTER, VA. 22602.6677 WINCHESTER, VA 22603.3000 43 - A- - 103• 43 - A- • 130- JOHNSON, ROBERT B. BOONE, JAMES L & SHARON H 2054 NORTHWESTERN PIKE 2060 MARTINSBURG PIKE WINCHESTER, VA. 22603.3947 WINCHESTER, VA 22603.4709 43 - A- - 104- 43 • A- - 110- MOORE, MICHAEL A RIDDICK, THOMAS E. JR. & JANET 1927 MARTINSBURG PIKE 2045 MARTINSBURG PIKE WINCHESTER, VA 22603.4714 WINCHESTER, VA. 22603.4715 43 - A- • 105• 43B - 8- - 18- RISSLER, THOMAS W. & MARY L. PARSONS, JAMES WARREN 1937 MARTINSBURG PIKE 390 WELLTOWN RD WINCHESTER, VA. 22603.4714 WINCHESTER, VA 22603.4624 43 . A. - 106- 43B . 8- . 8- LEE, RONALD A & MARY C MORGAN, RONALD F & ROSEMARIE A 1947 MARTINSBURG PIKE 438 WELLT0WN RD WINCHESTER, VA 22603.4714 WINCHESTER, VA. 22603.4543 43 . A• - 107• 43B - 8- - 9- MCOUAIN, CLIFFORD D & ETALS BLYE, MICHAEL A. 1957 MARTINSBURG PIKE 337 N LOUDOUN ST APT 3 WINCHESTER, VA 22603.4714 WINCHESTER, VA 22601.4867 43 • A- - 108- 43B • 8• - 11-A NETHERS, PATRICIA S FLOWERS, MARY A 915 WELLTOWN RD 456 WELLTOWN RD WINCHESTER, VA. 22603.4560 WINCHESTER, VA 22603.4543 43 - A- - 109- MERRYMAN, SCOTT E & LINDA M 43 - A- - 95- 1995 MARTINSBURG PIKE WEBBER, BEVERLEY L WINCHESTER, VA. 22603.4714 484 WELLTOWN RD WINCHESTER, VA 22603.4543 43 - A- - 134-B PIFER, WILLIAM 43 • A• - 94- MOULDEN, HOWARD K. PO BOX 725 WINCHESTER, VA 22604.0725 490 WELLTOWN RD WINCHESTER, VA 22603.4543 43 • A- - 134 43 - A. • 93• W ILLIAMSON, LINWOOD R. WILL TRUSTEES OF THE APOSTOLIC UNITED MARTINSBURG PIKE PENTEHURCHWINCHESTER, VA. 22603.4709 189 PARSON CT 43 - A• - 133- WINCHESTER, VA 22603.4517 HART, ROBERT A. & ALICE C. 43 • A- - 90-C LEDFORD, WILLIAM M & ALICE C 2024 MARTINSBURG PIKE WINCHESTER, VA 22603.4709 149PARSON CT WINCHESTER, VA 22603.4517 43 - A• - 132-B LANDMARK CHAPEL CHURCH 43 - A- - 86. 729 ROUND HILL RD NEW COVENANT CHRISTIAN CHURCH WINCHESTER, VA 22602.2236 726 WARM SPRINGS RD WINCHESTER, VA 22603.2722 h t ' This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 43 • A- - 50-A 43 - A• - 85- BRENTWOOD INVESTMENT COMPANY BUCKLEY LAGES, INC 1323 JAMESTOWN RD STE 101 WILLIAMSBURG, VA 23185.3367 PO BOX 3214 WINCHESTER, VA 22604-2414 43 . A- - 52- 1.81 MINI STORAGE, LLC 43 - A- - 112-A DEHAVEN, CHARLES STUART 127 MERCEDES CT WINCHESTER, VA 22603.4638 2073 MARTINSBURG PIKE WINCHESTER,VA 22603.4715 43 - A- - 112-13 DEHAVEN NURSERY, INC 2077 MARTINSBURG PIKE WINCHESTER, VA 22603.4715 43 - A- - 113- DEHAVEN,JANE M 2073 MARTINSBURG PIKE WINCHESTER, VA 22603.4715 43 - A- - 140- WEBER, MICHAEL S. 937 MARTINSBURG PIKE WINCHESTER, VA 22601.4306 Christopher M. Mohn, Deputy Director Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK 1, , a Notary Public in and for the State and County aforesaid, do hereby certify that Christopher M. Mohn, Deputy Director for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC DEPT. OF GEOGRAPHIC Il`TF0RMATI0N SYSTEMS FREDERICK COUNTY, VIRGE"iU GIS, MXPPING, GRAPHICS WORKREQUEST DATE RECEIVED: REQUESTED COMPLETION DATE: S- -11-9 REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information o _ O� ! 4* o F_T-, A). P.y. k). 's S Z1� ���� DIGITAL: SIZES: COLOR: FAt'BR: f � � FAX: E-MAIL: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NON Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)