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HomeMy WebLinkAbout015-08 Adams Commercial Ctr. - Proffer Revision (B3 28.10) - Stonewall - Backfile2 if 0 a� E t CV cd z O O O N fV > Q O � to N O TE RECEIVED f AnnppGC / ❑ FOR RENT ❑ FOR AMT. OF CASH ACCOUNT AMT. PAID '�� CHECK BALANCE MONEY DUE ORDER M❑ i �, 0 LARS $ 10.050. u � •A BY p REZONING TRACKING SHEET Check List: Application Form Fee & Sign Deposit Proffer Statement Deed Impact Analysis Plat/Survey Adjoiner List Taxes Paid Statement File opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting ACTION: & . orb Board of Supervisors Meeting ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Sys ID 4 �.01 I [1111.;. CbIJ1�; Y of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 29, 2009 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING 415-08, ADAMS COMMERCIAL CENTER Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of January 28, 2009. The above -referenced application was approved to revise proffers association with Rezoning 402-05 for 29.10 acres of land zoned B3 (Industrial Transition) District. This revision is intended to remove the previously proffered uses on the site. The property fronts on the west side of Martinsburg Pike (Route 11 North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified with Property Identification Number 44-A-75. The proffer originally dated April 17, 2008, and last'reA;ised on January 8, 2009, 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, Candice E. Perkins, AICP Senior Planner CEP/bad Attaclunent cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Richard Ruckman, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Robert Adams, HC 34 Box 30, Bloomery, WV 26817 107 North rent Street, Suite 202 a Winchester, Virginia 22601-5000 0 0 REZONING APPLICATION 915-08 ADAMS COMMERCIAL CENTER Staff Report for the Board of Supervisors Prepared: January 20, 2009 Staff Contact: Candice E. Perkins, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/07/09 Recommended Approval Board of Supervisors: 01/28/09 Pending PROPOSAL: To revise proffers associated with Rezoning #02-05 for 28.10 acres of land zoned B3 (Industrial Transition). This revision is intended to remove the previously proffered uses on the site. LOCATION: The property fronts on the west side of Martinsburg Pike (Route 11 North), opposite the intersection with Stephenson Road (Route 664). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-75 PROPERTY ZONING: B3 (Industrial Transition) PRESENT USE: Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) District Use: Residential South: M1 (Light Industrial) District & Use: Residential RA (Rural Areas) District Residential East: RA (Rural Areas) District & Use: Residential B2 (Business General) District Industrial West: B3 (Industrial Transition) District Use: Industrial PROPOSED USES: Commercial and Industrial uses as permitted in the B3 District. Rezoning # 11-08 — Adams Commercial Center January 20, 2009 Page 2 REVIEW EVALUATIONS: Virginia Dent. of Transportation: The documentation within the application to rezone this property appears to have a measureable impact on Route 11. This route 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 Adams Commercial Center Rezoning Application dated August 12, 2008 addresses transportation concerns associated within this request. Before development, this office will require a complete set of construction plan 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. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Frederick County Attorney: Please see attached letter dated December 8, 2008 from Roderick B. Williams, County Attorney. Planning Department: Please see attached letter dated September 11, 2008firom Candice E. Perkins, A1CP, Senior Planner. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A-2 (Agricultural General) District. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. In 2004, the Board of Supervisors approved Rezoning # 11-04 which rezoned the property to the B3 (Industrial Transition District) with proffers. On May 13, 2005 the Board of Supervisors approved Rezoning #02-05 which revised the proffers for the site to modify the proffered uses of the site. 2) Proffer Statement - Dated April 17, 2008; Revised January 8, 2009: Request to Revise Proffered Conditions: The applicant has submitted the current rezoning petition in an effort to revise the existing proffered conditions relating to the permitted uses for the property. Specifically this revision removes the previously proffered uses and building square footage cap on the site and prohibits certain uses on the site. The revised proffer also accounts for the construction of a ten foot asphalt path along the Martinsburg Pike frontage of the site. i 0 Rezoning #11-08 — Adams Commercial Center January 20, 2009 Page 3 A) General Development Plan. The applicant has proffered to develop the subject property in substantial conformance with the GDP. The GDP demonstrates a single shared commercial entrance (Yardmaster Court) and the location of buffers and preservation areas. Staff note: Consistent with previously proffered condition. (Please note that the GDP has been revised to remove proposed uses.) B) Vehicle Per Day (VPD) and Land Use Restrictions 1) Conditional Rezoning application #02-05 limited traffic generation for permitted land uses to a maximum of 4,603 VPD based on ITE Trip Generation 71h Edition volumes. The Applicant hereby proffers to restrict development of the 28.10 acre property to an amount to be determined during Site Plan approval, not to exceed a maximurn of 2,900 VPD. The applicant acknowledges that the maximum 2,900 VPD may be further reduced for the 28.10 acre property should additional development occur on the remaining parcels in the Adams Development not covered by this revised rezoning application. 2) The applicant has proffered to prohibit the following B-3 District land uses on the site: • Amusement and recreational services operated indoors • Automotive dealers and gasoline service stations • Drive-in motion picture theaters • Food Stores • Local and suburban transit and interurban highway passenger transportation • Business associations; membership organizations; and labor unions • Model home sales offices • Motor freight transportation, excluding warehousing and storage • Restaurants • Transportation by air • Transportation services • Truck stops Staff Note: The proffers from Rezoning #02-05 restricted the uses on the site to office, building materials and lumber stores, wholesale, warehouse, and self-service storage facilities. The proffer also limited the site to 555,000 square feet. C) Transportation 1) Direct access to Martinsburg Pike will be provided through a single shared commercial entrance to provide ingress and egress for the 28.10 acre property. Staff note: Consistent with previously proffered condition Rezoning # 11-08 — Adams Connnercial Center January 20, 2009 Page 4 2) Turn lane — Martinsburg ike. The applicant has constructed a right -turn lane deceleration lane at the entrance on Martinsburg Pike. The applicant will be responsible for the relocation of the right -turn deceleration lane should this be required as a result of the future Martinsburg Pike transportation plan improvements. Staff note: Consistent with previously proffered condition Staff Note: With this revision, the applicant should he implementing the Frederick County Eastern Road Plan which identifies Martinsburg Pike as an improved minor arterial road (U4D). With this rezoning application, the applicant should he constructing the additional lane along the frontage of the site. 3) Additional Right-of-way Dedication The applicant proffered to dedicate 20 foot of ROW along Martinsburg Pike with the original rezoning. This ROW has been initiated by the applicant through a dedication to the County. Staff note: Consistent with previously proffered condition 4) Corridor Improvements, Signalization The applicant proffers to contribute a share of the cost of signalization improvements in the area of Interstate 81 Exit 321. VDOT will determine the appropriate location for signalization improvements and will determine when warranted. When determined by VDOT, the applicant will enter into a signalization agreement with VDOT and provide a one-time contribution to VDOT based on traffic volume generated by the developed portion of the subject property. Staff note: Consistent with previously proffered condition 5) Corridor Improvements, Bicycle and Pedestrian Facility The applicant has proffered to construct a ten foot asphalt path to be located within the 20 foot green strip identified in proffer F. The path on the northern portion of the entrance shall be completed prior to the issuance of an occupancy permit on the north side and the southern portion shall be completed before any occupancy permits are issued on the southern portion of the site. Staff note: This is a new proffer, Rezoning #02-05 did not account for a ten footpath. 6) Right -of -Way Reservation The Applicant proffers to reserve a 50-foot wide strip of land between Yardmaster Court and tax parcel 44-1-D to allow for the construction of a future public street connection by others. Staff note: This is a new proffer added after the Planning Commission Meeting. D) North Buffer The applicant has proffered to utilize a 6' high berm opaque screening option along the north property line. Rezoning 911-08 —Adams Commercial Center January 20, 2009 Page 5 The applicant has proffered to utilize a C high berm opaque screening option along the north property line. Staff note: Consistent with previously proffered condition E) South Buffer The applicant has proffered to utilize a 6' tall fence as the opaque screening option along the south property line. Staff note: Consistent with previously proffered condition F) Corridor Appearance Enhancements The applicant has proffered landscape enhancements along Martinsburg Pike (Route 11 N) to include a 20 foot wide green strip, a low-level earth berm, low-lying shrubs and a single row of deciduous flowering trees. See Corridor Appearance Enhancement Exhibit Staff note: Consistent with previously proffered condition — includes the addition of the ten foot asphalt path. G) Monetary Contributions to Offset Impact of Development A monetary contribution of $.015/building square foot. Staff note: Consistent with previously proffered condition PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/07/09 MEETING: The applicant said the property owner had different parties express interest in the property that were not the five specific uses originally proffered, although these uses were still fairly low traffic generators. He said the solution reached with the Plamiing Staff was instead of simply removing land bay bubbles, the applicant should consider proffering out specific B3 uses that were high traffic generators and provide more flexibility to the site. The applicant said the 4,600 vehicle trips proffered with the original rezoning remains. In addition, a ten -foot hiker/biker trail has been included along the front of the property, along with the opportunity for this property to access Yard Master Court, on the M 1 property immediately to the south, via a 50-foot right-of-way reservation strip. The applicant read specific language that would be proffered to guarantee the 50-foot reservation. There were no citizen comments during the public comment portion of the hearing. The Planning Commission believed that even though the revision had opened up the property somewhat, the applicant still had proffered out quite a few of the high -traffic uses for the site. Commission members were pleased with the easement to the south for the 50-foot right-of-way and the ten -foot bicycle/pedestrian path along the front of the property. The Planning Commission unanimously recommended approval of the rezoning with the revised proffers and GDP (generalized development plan) offered by the applicant and with the addition of a 50-foot reservation strip with the following associated language: "The applicant hereby proffers to reserve a 50-foot wide strip of land between Yard Master Court and Tax Parcel 44-1-D, the adjoining property, to allow for the construction of a future public street comiection by others. The general location of this reservation area shall be provided on the GDP, however, it is recognized that the location can be shifted without the need for conditional zoning approval. All costs associated with Rezoning # 1 1-08 — Adams Commercial Center January 20, 2009 Page 6 establishing the future public street shall be borne by the owner of Tax Parcel 44-1-D or by others than the applicant. STAFF CONCLUSIONS FOR O1/07/09 BOARD OF SUPERVISORS MEETING: This is an application to revise the proffers associated with Rezoning #02-05 for 28.10 acres of land zoned 133 (Industrial Transition). Specifically, this revision removes the previously proffered uses and building square footage cap on the site and includes uses that have been prohibited on the site. The revised proffer also accounts for the construction of a ten foot asphalt path along the Martinsburg Pike frontage of the site. With this revision, the applicant should be implementing the Frederick County Eastern Road Plan which identifies Martinsburg Pike as an improved minor arterial road (U41)). With this rezoning application, the applicant should be constructing the additional lane along the frontage of the site. Following the required public 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. Adams Commercial Center ReZoning Y �, REZ # 15 - 08 ,r € PIN: 44 - A - 75 a il4 4 Case Planner: Candice Future Rt3T Bypass 7.oning M2 (Industrial, General District) Application BI (Business, Neighborhood District) • MHI (Mobik Home Community District) Buildings B2(Business. General Dislrist) - MS (Medical Support District) wUrban Derelopment Arra - By (Business, Industrial Transition Mstrict) • RJ (Residential Planned Community District) #**a.# SWSA • EM (Ewactise Manufacturing District) RS (Residential Recreational Community District) - HE (Higher Education District) RA (Rural Arcs District) - MI (Industrial, Light District) RP (Residential Performance District) 0 75 150 300 Feet • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Fee Amount=Paid Zoning Amendment�Number Date Receive I" PCHearingDate �BOS Hearing Date_ 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: Greenwa�En Engineering Telephone: 540-662-4185 Address: 151 Windy Hill Lane, Winchester, VA 22602 2. Property Owner (if different from above) Name: Adams Development Group Inc. Robert Adams Telephone: 540-539-3599 Address: HC 34 Box 30, Bloomery, WV 26817 3. Contact person if other than above Name: Evan A. Wyatt, AICP Telephone: 540-662-4185 4. Checklist: Check the following items that have been included with this application. Location map ® Agency Comments Plat ® Fees Deed to Property ® Impact Analysis Statement ❑ Verification of taxes paid ® Proffer Statement The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Adams Development Group, Inc. 5. A) Current Use of the Property: Undeveloped B) Proposed Use of the Property: Industrial Transition Uses 6. Adjoining Property: Please see attached adjoiner information PARCEL ID NUMBER USE ZONING I 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): North of the City of Winchester, fronting on the west side of Martinsburg Pike (US Route 11), opposite the intersections with Stephenson Road (Route 664) Information to be Submitted for Cabital 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 planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 44-A-75 Districts Magisterial: Stonewall High School: James Wood High School Fi, e Service: Clear Brook Middle School: James Wood Middle School Rescue Service: 10. 11. Clear Brook Elementary School: Stonewall Elementary School Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 28.10 B3 (with proffers) B3 (with revised proffers) 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: Self Serve Storage: Lumber Store: Number of Units Proposed Townhome: Mobile Home: Square Footage of Proposed Uses* Wholesale: Warehouse: Other: Multi -Family Hotel Rooms: *Structural square footage is limited for the 28.10± acre area based on a maximum VPD as described in Section B(1) of the proffer statement. 0 0 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. n � Applicant(s): Owner (s): v Date: i Z- 61 t)d Date: % Gj� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.vams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Robert C. Adams President Adams Development Group (Phone) (540) 539-3599 (Address) HC 34 Box 30, Bloomery, WV 26817 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 030015420 on Page 0670, and is described as Parcel: 44 Lot: 75 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Wincehster, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this C14 k day of kftw a200 8', Signature(s) & State of Virginia, City/ OUrl O-Wlt: I, I�dO'U- ; �'tN5e, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) ill.", g g g P Y PPsi ned to the fore oin instrument and who I (are) known to me, ersonall a eared before me and ,..,.• ac wledged the same before mein the jurisdiction aforesaid thiscjI-k day of 1)reL%k 2006 V, 110 My Commission Expires: 7 Z� ZC31 Z- Notary Public R915+1'r'16k0 _a Z&1 0 �0 m O a' o W o po 0 Om -----� Zw __ 25 3 0 24 8.686J ACRES W 1 PORTION NORTH OF i Y o0 YARDMASTER COURU 3 h YARDMASTER COURT VARIABLE WIDTH R/LI'b INST. No. 05001751J Cq 7 Tj�-- 6m 2 Q I fQ i ,s � N 3 14 50 1718 0 12 RESIDUE OF 2 so'f � a 10 11 TAX PARCEL 44-A -75 FT 28.1055 ACRES (TOTAL) 3 I ® el a 4 oc °oc 19.4192 ACRES 5 o PORTION SOUTH OF / o �YARDMASrER COURT) 6 Cz 2 Q� 7 1/ a 9' 1 T,1/ 44-1—D OB PAYNE, UX SEE INS NO 225 4641 250 0 250 LEGEND GRAPHIC SCALE = CENTERLINE OF PAVEMENT (IN FEET) R/W = RIGHT OF WAY OADUOINING PROPERTY OWNER TAG NOTE REFERS TO KEY ON SHEET 2 SEE SHEET 2 FOR NOTES AND KEY TO ADJOINING PROPERTY OWNERS. CORNER MONUMENT TAG REFERS TO COR/IER SEE SHEETS J & 4 FOR METES J DESCRIBED IN METES & BOUNDS DESCRIPTION AND BOUNDS DESCRIPTION. BOUNDARY SURREY OF THE LAND OF ��p,LTH 0 THE ADAMS DEVELOPMENT GROUP, INC. °� f�C, STONEWALL MAGISTERIAL DISTRICT, FREDI_RICK COUNTY, VIRGINIA o RI(HAKU A. EDENS y SCALE: 1" = 250' DATE; APRIL 24, 2007 No.002550 GREENWAY ENGINEERING, INC, 4-24--07 151 H indy Hill Lane Engineers Winchester, Krginia 22602 SUIZ14 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com 3949 SHEET 1 OF 4 r J m a g � >C aYZN 00 w w t� • jg20'FCSA EASEMENT SOUTH BUFFER EX.WETLANDS -FCSA PUMP STATION 2#' FCSA /�- / 1 EASEMENT i 10' TRAIL M irr_ 1 71 CORRIDOR APPEARANCE ENHANCEMENT iO' C>i M STRIP WIN V WIDE, 7' NIW EEW1 !PROFFER f'1 _ ea lim of , I 20' FCSA / EASEMENT 20' FCSA 20' VDOT EASEMENT GREEN ROW SPACE DEDICATION 1'. 10' TRAIL NORTH BUFFER RT. 11 - MARTINSBURG PIK� VARIABLE R/W A 55-MPH o, 4040 1 J - �z LU Rx LL, �m0 w o = w G r u 0 z RE W W z z W o m � LLI m N d Q q m N v r q W S"c wed DATE: 01/08/2009 SCALE: V 1' — 50 DESIGNED BY: ELB 30 15 O 30 60 FILE N0. 3949 SCALE, I' = 30' SHEET I OF 1 IL I d0 l 133HS Me ON 311.4 ou :A9 03NOIS30 09 = ,I :H :3TYOS BOOZ/l0/0! :31Y0 ,Of = .l :31YOS 09 Of 0 Sl Of A go'" 4W11 Wi. ® i.a 3G r�r L x (.i TJiJlOLd11.B13G M91M t'3alm ,9 h11m dl?J16 N33N4 0C INHWHONUNH RDNVHVHddd HoUl noo 4 0 HdW-SS WH 318VI?JVn Id !DmnSSNIIMVW - � L *IH L i b3jAns Hinos 1N3W3SV3 VS:D:l .OZ \ 213 :jn9 J 21Hd elea 90OZ 'luawueda(i gIE) -eA 'Alunoo louapaij :aoinog elep deyy Map Data Source: Frederick County, Va. GIS Department, April 2008 Data Adams Development Group 40'erty, Yardmaster Court P p M Adjoining Property Owners Listing 40 File 3949 Tax Map Number Owner Mailling Address CitV & State ZIP 44 1 D PAYNE 0. L. & RUTH B. PO BOX 160 STEPHENSON VA. 22656 44 A 64 EMMANUEL UNITED METHODIST 2732 MARTINSBURG PIKE STEPHENSON VA 22656 44 A 70 SOUTH END HOSE CO LC PO BOX 213 _ WINCHESTER VA 22604 44 A 72 DEMOREST RICHARD D PO BOX 233 CLEARBROOK VA 22624 44 A 73 WHITE ELWOOD L & BETTY L 2695 MARTINSBURG PIKE STEPHENSON VA 22656 44 A 75B SPIRIT SPE PORTFOLIO 2007-2 LLC C/O 84 LUMBER COMPANY 1019 ROUTE 519 ATTN TAX DEPARTMENT BLDG 4 EIGHTY FOUR, PA 15330 44 A 75E JRE WINCHESTER LLC 11047 LEADBETTER RD ASHLAND VA 23005 44 A 75F EVANLYNN LLC 134 WINDY HILL LN ## W2-1 WINCHESTER VA 22602 44 A 76A MULLINS DEBORAH A. PO BOX 243 STEPHENSON VA. 22656 44 A 76B CONARD FLORENCE H. C/O FLORENCE SHUSTER PO BOX 202 STEPHENSON VA. 22656 44 A 76C WILDER ANN H. PO BOX 251 STEPHENSON VA. 22656 44 A 76D MAY EDWARD M MAY JUANITA A 2851 MARTINSBURG PIKE STEPHENSON VA 22656 44 A 89 APAC-VIRGINIA INC C/O W-L CONSTRUCTION & PAVING PO BOX 339 STEPHENSON VA 22656 44 A 89A FRANKLIN L F & SONS INC C/O W-L CONSTRUCTION & PAVING PO BOX 339 STEPHENSON VA 22656 4/17/2008 Source: Frederick County GIS, April 2008 1 of 1 i REZONING APPLICATION 915-08 ADAMS COMMERCIAL CENTER Staff Report for the Planning Commission Prepared: December 16, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/07/09 Pending Board of Supervisors: 01/28/09 Pending PROPOSAL: To revise proffers associated with Rezoning #02-05 for 28.10 acres of land zoned B3 (Industrial Transition). This revision is intended to remove the previously proffered uses on the site. LOCATION: The property fronts on the west side of Martinsburg Pike (Route I 1 North), opposite the intersection with Stephenson Road (Route 664). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-75 PROPERTY ZONING: B3 (Industrial Transition) PRESENT USE: Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) District Use: Residential South: M1 (Light Industrial) District & Use: Residential RA (Rural Areas) District Residential East: RA (Rural Areas) District & Use: Residential B2 (Business General) District Industrial West: B3 (Industrial Transition) District Use: Industrial PROPOSED USES: Commercial and industrial uses as permitted in the B3 District. 0 0 Rezoning 811-08 — Adams Commercial Center December 16, 2008 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measureable impact on Route 11. This route 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 Adams Commercial Center Rezoning Application dated August 12, 2008 addresses transportation concerns associated within this request. Before development, this office will require a complete set of construction plan 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. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Frederick County Attorney: Please see attached letter dated December 8, 2008 from Roderick B. Williams, County Attorney. Planning Department: Please see attached letter dated September 11, 2008 from Candice E. Perkins, AICP, Senior Planner. Planning & Zonin14: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A-2 (Agricultural General) District. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. In 2004, the Board of Supervisors approved Rezoning # 11-04 which rezoned the property to the B3 (Industrial Transition District) with proffers. On May 13, 2005 the Board of Supervisors approved Rezoning #02-05 which revised the proffers for the site to modify the proffered uses of the site. 2) Proffer Statement - Dated April 17, 2008; Revised December 9, 2008 Request to Revise Proffered Conditions: The applicant has submitted the current rezoning petition in an effort to revise the existing proffered conditions relating to the permitted uses for the property. Specifically this revision removes the previously proffered uses and building square footage cap on the site and prohibits certain uses on the site. The revised proffer also accounts for the construction of a ten foot asphalt path along the Martinsburg Pike frontage of the site. 0 0 Rezoning #11-08 — Adams Commercial Center December 16, 2008 Page 3 A) General Development Plan. The applicant has proffered to develop the subject property in substantial conformance with the GDP. The GDP demonstrates a single shared commercial entrance (Yardmaster Court) and the location of buffers and preservation areas. Staff note: Consistent with previously proffered condition. (Please note that the GDP has been revised to remove proposed uses.) B) Vehicle Per Day (VPD) and Land Use Restrictions 1) Conditional Rezoning application #02-05 limited traffic generation for permitted land uses to a maximum of 4,603 VPD based on ITE Trip Generation 7°i Edition volumes. The Applicant hereby proffers to restrict development of the 28.10 acre property to an amount to be determined during Site Plan approval, not to exceed a maximum of 2,900 VPD. The applicant acknowledges that the maximum 2,900 VPD may be further reduced for the 28.10 acre property should additional development occur on the remaining parcels in the Adams Development not covered by this revised rezoning application. 2) The applicant has proffered to prohibit the following B-3 District land uses on the site: • Amusement and recreational services operated indoors • Automotive dealers and gasoline service stations • Drive-in motion picture theaters • Food Stores • Local and suburban transit and interurban highway passenger transportation • Business associations; membership organizations; and labor unions • Model home sales offices • Motor freight transportation, excluding warehousing and storage • Restaurants • Transportation by air • Transportation services • Truck stops Staff Note: The proffers from Rezoning #02-05 restricted the uses on the site to office, building materials and lumber stores, wholesale, warehouse, and self-service storage facilities. The proffer also limited the site to 555,000 square feet. C) Transportation 1) Direct access to Martinsburg ike will be provided through a single shared commercial entrance to provide ingress and egress for the 2 8. 10 acre property. Staff note: Consistent with previously proffered condition Rezoning # 11-08 — Adams Commercial Center December 16, 2008 Page 4 2) Turn lane — Martinsburg Pike. The applicant has constructed a right -turn lane deceleration lane at the entrance on Martinsburg Pike. The applicant will be responsible for the relocation of the right -turn deceleration lane should this be required as a result of the fixture Martinsburg Pike transportation plan improvements. Staff note: Consistent with previously proffered condition Staff Note: With this revision, the applicant should be implementing the Frederick County Eastern Road Plan which identifies Martinsburg Pike as an improved minor arterial road (U4D). With this rezoning application, the applicant should be constructing the additional lane along the frontage of the site. 3) Additional Right-of-way Dedication The applicant proffered to dedicate 20 foot of ROW along Martinsburg Pike with the original rezoning. This ROW has been initiated by the applicant through a dedication to the County. Staff note: Consistent with previously proffered condition 4) Corridor Improvements, Signalization The applicant proffers to contribute a share of the cost of signalization improvements in the area of Interstate 81 Exit 321. VDOT will determine the appropriate location for signalization improvements and will determine when warranted. When determined by VDOT, the applicant will enter into a signalization agreement with VDOT and provide a one-time contribution to VDOT based on traffic volume generated by the developed portion of the subject property. Staff note: Consistent with previously proffered condition 5) Corridor Improvements, Bicycle and Pedestrian FacilitX The applicant has proffered to construct a ten foot asphalt path to be located within the 20 foot green strip identified in proffer F. The path on the northern portion of the entrance shall be completed prior to the issuance of an occupancy permit on the north side and the southern portion shall be completed before any occupancy permits are issued on the southern portion of the site. Staff note: This is a new proffer, Rezoning #02-05 did not accountfor a ten foot path. D) North Buffer The applicant has proffered to utilize a C high berm opaque screening option along the north property line. Staff note: Consistent with previously proffered condition E) South Buffer The applicant has proffered to utilize a 6' tall fence as the opaque screening option along the south property line. Staff note: Consistent with previously proffered condition Rezoning # 11-08 — Adams Commercial Center December 16, 2008 Page 5 F) Corridor Appearance Enhancements The applicant has proffered landscape enhancements along Martinsburg Pike (Route 11 N) to include a 20 foot wide green strip, a low-level earth berm, low-lying shrubs and a single row of deciduous flowering trees. See Corridor Appearance Enhancement Exhibit Staff note: Consistent with previously proffered condition — includes the addition of the ten foot asphalt path. G) Monetary Contributions to Offset Impact of Development A monetary contribution of $.015/building square foot. Staff note: Consistent with previously proffered condition STAFF CONCLUSIONS FOR 01/07/09 PLANNING COMMISSION MEETING: This is an application to revise the proffers associated with Rezoning #02-05 for 28.10 acres of land zoned B3 (Industrial Transition). Specifically, this revision removes the previously proffered uses and building square footage cap on the site and includes uses that have been prohibited on the site. The revised proffer also accounts for the construction of a ten foot asphalt path along the Martinsburg Pike frontage of the site. With this revision, the applicant should be implementing the Frederick County Eastern Road Plan which identifies Martinsburg Pike as an improved minor arterial road (U41)). With this rezoning application, the applicant should be constructing the additional lane along the frontage of the site. A recommendation by the Planning- Commission to the Board of Supervisors concerning- this rezoning- application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Plannin,- Commission. 0 0 AMENDMENT Action: PLANNING COMMISSION: January 17, 2009 - Recommended Approval BOARD OF SUPERVISORS: January 28, 2009 LU APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 15-08 OF ADAMS COMMERCIAL CENTER WHEREAS, Rezoning #15-08 of Adams Commercial Center, submitted by Greenway Engineering, to revise proffers dated April 17, 2008 with final revision date of January 8, 2009, associated with Rezoning #02-05 for 28.10 acres of land zoned B3 (Industrial Transition) was considered. This revision is intended to remove the previously proffered uses on the site. The property fronts on the west side of Martinsburg Pike (Route 11 North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified by Property Identification Number 44-A-75. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 28, 2009; 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 proffers concerning Rezoning #02-05. This revision is intended to remove the previously proffered uses on the site, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #01-09 This ordinance shall be in effect on the date of adoption. Passed this 28th day of January, 2009 by the following recorded vote:. Richard C. Shickle, Chairman Aye Gary A. Lofton A� � Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. De -Haven, Jr. Aye Phillip A. Lemieux Aye A COPY ATTEST Sohn Rt�leS , Jr. Frederick County Administrator PDRes. `101••09 Greenway Engineering 0 April 17, 2008; Adams Development Group, Inc. Rezoning Revised July 29,2008; Revised August 12, 2008; Revised October 1, 2008; Revised December 9, 2008; Revised January 8, 2009 PROPOSED PROFFER STATEMENT REZONING: RZ #15-08 Industrial Transition District (133) with Proffers to Industrial Transition District (133) with Revised Proffers PROPERTY: 28.10 acres +/-; Tax Parcel #44-((A))-75 RECORD OWNER: Adams Development Group, Inc., Robert C. Adams, President APPLICANT: Adams Development Group (here -in after "the Applicant") PROJECT NAME: Adams Commercial Center ORIGINAL DATE OF PROFFERS: April 17, 2008 REVISION DATE: January 8, 2009 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #15-08 for the rezoning of 28.10± acres from the Industrial Transition (133) District with Proffers to the Industrial Transition (133) District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. Approval of this proffer statement does not eliminate previously approved proffers associated with current Tax Map Parcels 44-((A))-75B, 44- ((A))-75C, 44-((A))-75D, 44-((A))-75E and 44-((A))-75F; which were approved under the conditions set forth in RZ #02-05 approved by the Frederick County Board of Supervisors on April 13, 2005. The subject property, more particularly described as the lands owned by Adams Development Group, Inc. being all of Tax Map Parcel 44-((A))-75 and further described by Boundary Survey Plat prepared by Richard A. Edens, L.S., dated April 24, 2007 and recorded as Instrument No. 070007323 (see attached Boundary Survey Plat). File #3949/EAW Greenway Engineering • April 17, 2008; AIRDevelopment Group, Inc. Rezoning Revised July 29,2008; Revised August 12, 2008; Revised October 1, 2008; Revised December 9, 2008; Revised January 8, 2009 A.) Generalized Development Plan The Applicant hereby proffers to develop the 28.10± acre property in substantial conformance with the attached Generalized Development Plan — Adams Rezoning 28.10± Acre property, dated January 8, 2009 and approved as part of the rezoning application. B.) Vehicle Per Day (VPD) and Land Use Restrictions 1.) Conditional Rezoning Application #02-05 limited traffic generation for permitted land uses to a maximum of 4,603 VPD based on ITE Trip Generation 7th Edition volumes. The Applicant hereby proffers to restrict development of the 28.10± acre property to an amount to be determined during Site Plan approval, not to exceed a maximum of 2.,900 VPD. The Applicant acknowledges that the maximum 2,900 VPD maybe further reduced for the 28.10± acre property should additional development occur on tax parcels 44-((A))-75B, 44-((A))-75C, 44- ((A))-75D, 44-((A))-75E and 44-((A))-75F. 2.) The Applicant hereby proffers to prohibit the following B-3 District land uses within 28.10± acre property: ➢ Amusement and recreational services operated indoors ➢ Automotive dealers and gasoline service stations ➢ Drive-in motion picture theaters ➢ Food stores ➢ Local and suburban transit and interurban highway passenger transportation. ➢ Business associations; membership organizations; and labor unions ➢ Model home sales offices ➢ Motor freight transportation, excluding warehousing and storage ➢ Restaurants ➢ Transportation by air ➢ Transportation services ➢ Truck stops C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for the 28.10± acre property and all parcels previously subdivided from tax parcel 44-((A))-75. This shared commercial entrance has been constructed to align with the existing File #3949/EAW 2 Greenway Engineering April 17, 2008; A�]!!�s Development Group, Inc. Rezoning Revised July 29,2008; Revised August 12, 2008; Revised October 1, 2008; Revised December 9, 2008; Revised January 8, 2009 commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Turn lane — Martinsburg Pike (US Route 11) The Applicant has constructed a right -turn deceleration lane at the entrance on Martinsburg Pike (US Route 11). The Applicant will be responsible for the relocation of the right -turn deceleration lane should this be required as a result of the future Martinsburg Pike transportation plan improvements. 3.) Additional Right-of-way Dedication In the interest of future area transportation plan improvements, the applicant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right-of-way. on the Martinsburg Pike (US Route 11) frontage of the property. This right-of-way commitment has been initiated by the Applicant through dedication to Frederick County as evident in Deed Instrument No. 050017512. 4.) Corridor Improvements, Signalization In recognition of offsite transportation impacts, the Applicant hereby proffers to contribute a share of the cost of signalization improvements in the area of Interstate- 81 Exit 321. The Virginia Department of Transportation (VDOT) will determine the appropriate location for signalization improvements and will determine when this improvement is warranted. When determined by VDOT, the Applicant will enter into a signalization agreement with VDOT that will provide a one-time contribution towards the cost of signalization in an amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. 5.) Corridor Improvements, Bicycle and Pedestrian Facility The Applicant hereby proffers to construct an asphalt bicycle and pedestrian facility that is 10 feet in width and located within the 20-foot green strip identified in Section F of this proffer statement. The Applicant shall construct this bicycle and pedestrian facility on the north side of the single shared commercial entrance prior to the issuance of a building occupancy permit for the first site plan on the north side of that entrance, and shall construct this bicycle and pedestrian facility on the south side of the single shared commercial entrance prior to the issuance of a building occupancy permit for the first site plan on the south side of that entrance. No portion of the asphalt bicycle and pedestrian facility will be constructed with the 20-foot right-of- way dedication area identified in Section C(3) of this proffer statement. 6.) Right -of -Way Reservation The Applicant hereby proffers to reserve a 50-foot wide strip of land between Yardmaster Court and tax parcel 44-1-D to allow for the construction of a future File #3949/EAW 3 Greenway Engineering 0 April 17, 2008; AIRDevelopment Group, Inc. Rezoning Revised July 29,2008; Revised August 12, 2008; Revised October 1, 2008; Revised December 9, 2008; Revised January 8, 2009 public street connection by others. The general location of this reservation area shall be provided on the Generalized Development Plan; however, it is recognized that this location can be shifted without the need of conditional zoning approval. All costs associated with establishing this future public street shall be borne by the owner of tax parcel 44-1-D, or by others than the Applicant. D.) North Buffer The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to tax parcels 44-((A))-76A, 44-((A))-76B, 44-((A))-76C and 44-((A))- 76D as depicted on the proffered GDP. E.) South Buffer The applicant hereby proffers to utilize a minimum six foot high fence, rather than earthen berm, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to tax parcels 44-((A))-70, 44-((A))-72, 44-((A))-73, and 44-((1))-D as depicted on the proffered GDP. F.) Corridor Appearance Enhancements The Applicant hereby proffers to enhance the appearance of the Martinsburg Pike (U.S. Route 11) corridor through the implementation of a low-level earth berm and landscaping along the frontage of the subject property. This enhancement will be located within a 20- foot wide green strip that is located immediately adjacent to and on the west side of the dedicated 20-foot right-of-way strip, which will contain an earth berm that is 2-feet in height with staggered low-lying shrubs and a single row of deciduous flowering trees that are a minimum of 1 t/2 caliper and planted on 30-foot centers. This corridor appearance enhancement will be designed to ensure that sight distance is not negatively impacted at the commercial entrance to the subject property, will be developed in substantial conformance with the Corridor Appearance Enhancement Exhibit dated January 8, 2009, and will be installed by the Applicant consistent with the construction of the bicycle and pedestrian facility as described in Section C5 of the proffer statement. G.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application #15-08 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .0151 building square foot File #3949/EAW 4 Greenway Engineering April 17, 2008; As Development Group, Inc. Rezoning - Revised July 29,2008; Revised August 12, 2008; Revised October 1, 2008; Revised December 9, 2008; Revised January 8, 2009 This payment is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid prior to issuance of the building occupancy permits. H.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ADAMS DEVELOPEMNT GROUP, INC. By. //gyp/© s Robert C. Adams, President Date Commonwealth of Virginia, City/County of TY�GL- To Wit: The foregoing instrument was acknowledged before me this I9 day of 20 01 by Z bZ4 �- C-- �S otary Public My Commission Expire31 , 2vo T Pile #3949/EAW ! 0 Greenway Engineering April 17, 2008 Adams Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 December 9, 2008 PROPOSED PROFFER STATEMENT REZONING: RZ# / 5 & 9 Industrial Transition District (133) with Proffers to Industrial Transition District (133) with Revised Proffers PROPERTY: 2 8. 10 acres +/-; Tax Parcel #44-((A))-75 RECORD OWNER: Adams Development Group, Inc., Robert C. Adams, President APPLICANT: Adams Development Group (here -in after "the Applicant") Pk + JECT NAME: Act: n s Commercial Center ORIGINAL DATE OF PROFFERS: April 17, 2008 REVISION DATE: December 9, 2008 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # S -oF for the rezoning of 28.10± acres from the Industrial Transition (133) District with Proffers to the Industrial Transition (133) District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. Approval of this proffer statement does not eliminate previously approved proffers associated with current Tax Map Parcels 44-((A))-75B, 44- ((A))-75C, 44-((A))-75D, 44-((A))-75E and 44-((A))-75F; which were approved under the conditions set forth in RZ #02-05 approved by the Frederick County Board of Supervisors on April 13, 2005. The subject property, more particularly described as the lands owned by Adams Development Group, Inc. being all of Tax Map Parcel 44-((A))-75 and further described by Boundary Survey Plat prepared by Richard A. Edens, L.S., dated April 24, 2007 and recorded as Instrument No. 070007323 (see attached Boundary Survey Plat). Pile #3949/EAW • r Greenway Engineering April 17, 2008 Adams Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 December 9, 2008 A.) Generalized Development Plan The Applicant hereby proffers to develop the 28.10± acre property in substantial conformance with the attached Generalized Development Plan — Adams Rezoning 28.10± Acre property, dated October 1, 2008 and approved as part of the rezoning application. B.) Vehicle Per Day (VPD) and Land Use Restrictions 1.) Conditional Rezoning Application #02-05 limited traffic generation for permitted land uses to a maximum of 4,603 VPD based on ITE Trip Generation 7th Edition volumes. The Applicant hereby proffers to restrict devefopme.::` of the 28.10± acre property to an amount to be determined during Site Plan approval, not to exceed a maximum of 2,900 VPD. The Applicant acknowledges that the maximum 2,900 VPD may be further reduced for the 28.10± acre property should additional development occur on tax parcels 44-((A))-75B, 44-((A))-75C, 44- ((A))-75D, 44-((A))-75E and 44-((A))-75F. 2.) The Applicant hereby proffers to prohibit the following B-3 District land uses within 28.10± acre property: ➢ Amusement and recreational services operated indoors ➢ Automotive dealers and gasoline service stations ➢ Drive-in motion picture theaters ➢ Food stores ➢ Local and suburban transit and interurban highway passenger transportation. ➢ Business associations; membership organizations; and labor unions ➢ Model home sales offices ➢ Motor freight transportation, excluding warehousing and storage ➢ Restaurants ➢ Transportation by air ➢ Transportation services ➢ Truck stops C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for the 28.10± acre property and all parcels previously subdivided from tax parcel 44-((A))-75. This File #3949/EAW 2 i r Greenway Engineering April 17, 2008 Adams Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 December 9, 2008 shared commercial entrance has been constructed to align with the existing commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Turn lane — Martinsburg Pike (US Route 11) The Applicant has constructed a right -turn deceleration lane at the entrance on Martinsburg Pike (US Route 11). The Applicant will be responsible for the relocation of the right -turn deceleration lane should this be required as a result of the future Martinsburg Pike transportation plan improvements. 3.) Additional Right-of-way Dedication In the interest of future area transportation plan improvements, the apl:icant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right-of-way on the Martinsburg Pike (US Route 11) frontage of the property. This right-of-way commitment has been initiated by the Applicant through dedication to Frederick County as evident in Deed Instrument No. 050017512. 4.) Corridor Improvements, Signalization In recognition of offsite transportation impacts, the Applicant hereby proffers to contribute a share of the cost of signalization improvements in the area of Interstate- 81 Exit 321. The Virginia Department of Transportation (VDOT) will determine the appropriate location for signalization improvements and will determine when this improvement is warranted. When determined by VDOT, the Applicant will enter into a signalization agreement with VDOT that will provide a one-time contribution towards the cost of signalization in an amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. 5.) Corridor Improvements, Bicycle and Pedestrian Facility The Applicant hereby proffers to construct an asphalt bicycle and pedestrian facility that is 10 feet in width and located within the 20-foot green strip identified in Section F of this proffer statement. The Applicant shall construct this bicycle and pedestrian facility on the north side of the single shared commercial entrance prior to the issuance of a building occupancy permit for the first site plan on the north side of that entrance, and shall construct this bicycle and pedestrian facility on the south side of the single shared commercial entrance prior to the issuance of a building occupancy permit for the first site plan on the south side of that entrance. No portion of the asphalt bicycle and pedestrian facility will be constructed with the 20-foot right-of- way dedication area identified in Section C(3) of this proffer statement. File #3949/EAW 0 • Greenway Engineering April 17, 2008 Adams Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 December 9, 2008 D.) North Buffer The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to tax parcels 44-((A))-76A, 44-((A))-76B, 44-((A))-76C and 44-((A))- 76D as depicted on the proffered GDP. E.) South Buffer The applicant hereby proffers to utilize a minimum six foot high fence, rather than earthen berm, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to tax parcels /l4-((A"-'70, 44-((1'A))-77., 44-((A))-73, and 44-((1))-D as depicted on the proffered GDP. F.) Corridor Appearance Enhancements The Applicant hereby proffers to enhance the appearance of the Martinsburg Pike (U.S. Route 11) corridor through the implementation of a low-level earth berm and landscaping along the frontage of the subject property. This enhancement will be located within a 20- foot wide green strip that is located immediately adjacent to and on the west side of the dedicated 20-foot right-of-way strip, which will contain an earth berm that is 2-feet in height with staggered low-lying shrubs and a single row of deciduous flowering trees that are a minimum of 1 1/2 caliper and planted on 30-foot centers. This corridor appearance enhancement will be designed to ensure that sight distance is not negatively impacted at the commercial entrance to the subject property, will be developed in substantial conformance with the Corridor Appearance Enhancement Exhibit dated October 1, 2008, and will be installed by the Applicant consistent with the construction of the bicycle and pedestrian facility as described in Section C5 of the proffer statement. G.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application #/ O� is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .015/ building square foot This payment is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid prior to issuance of the building occupancy permits. File #3949/EAW 4 0 Greenway Engineering H.) Signatures April 17,2008 Revised July 29,2008 Revised August 12, 2008 October 1, 2008 December 9, 2008 41 Adams Development Group, Inc. Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ADAMS DEVELOPEMNT GROUP, INC. By; .� d� Adams, President Date Commonwealth of Virginia, Cit ounty f Freciel Cyl To Wit: The foregoing instrument was acknowledged before me this 4h day of IOC Cmbc'r 2008 by Rp l6,r- j- QreS ic(W-� j Notary Public My Commission Expires Z I z q ZU I Z i5 I raf ion 4 ZU� ato File #3949/EAW Greenway Engineering April 17, 2008 Va.s Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 PROPOSED PROFFER STATEMENT REZONING: RZ# IS - 6 9 Industrial Transition District (133) with Proffers to Industrial Transition District (133) with Revised Proffers PROPERTY: 28.10 acres +/-; Tax Parcel #44-((A))-75 RECORD OWNER: Adams Development Group, Inc., Robert C. Adams, President APPLICANT: Adams Development Group (here -in after "the Applicant") PROJECT NAME: Adams Commercial Center ORIGINAL DATE OF PROFFERS: REVISION DATE Preliminary Matters April 17, 2008 August '�October 1, 2008 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # /� _ F for the rezoning of 28.10± acres from the Industrial Transition (133) District with Proffers to the Industrial Transition (133) District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. Approval of this proffer statement does not eliminate previously approved proffers associated with current Tax Map Parcels 44-((A))-75B, 44- ((A))-75C, 44-((A))-75D, 44-((A))-75E and 44-((A))-75F; which were approved under the conditions set forth in RZ #02-05 approved by the Frederick County Board of Supervisors on April 13, 2005. The subject property, more particularly described as the lands owned by Adams Development Group, Inc. being all of Tax Map Parcel 44-((A))-75 and further described by Boundary Survey Plat prepared by Edwafd W. Deve, T r dated july 29, 2003 Richard A. Edens, L.S., dated April 24, 2007 and recorded as Instrument No. 070007323 (see attached Boundary Survey Plat). Pile #3949/EAW Greenway Engineering • April 17, 2008 Ass Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 A.) Generalized Development Plan The Applicant hereby proffers to develop the 28.10± acre property in substantial conformance with the attached Generalized Development Plan — Adams Rezoning 28.10± Acre property, dated August 1-2, . October 1, 2008 and approved as part of the rezoning application. B.) Vehicle Per Day (VPD) and Land Use Restrictions 1.) Conditional Rezoning Application #02-05 limited traffic generation for permitted land uses to a maximum' of4,603 VPD based on ITE Trip Generation 71h Edition volumes. Thepplieant hefeb '—proffers--te—i:e-siriet development of th�cv.10 aeFe- prepeFly to a maximum of 3,607 NIPID to be 'eteFmine4 dufing Site Plan appFeval. The Applicant hereby proffers to restrict development of the 28.10± acre property to an amount to be determined during Site Plan approval, not to exceed a maximum of 2,900 VPD. The 3,607 \7PD ,..,fleets the Femaining ,,•.,rr;,, b Plans on tax a -reels 44 ({A)) 75B, 44 ((A)) 75G, n n ((A)) 75D, n n ((A)) 75E an ^ ^ ((A)) 75F. The Applicant acknowledges that the maximum 3-,607 2,900 VPD will may be further reduced for the 28.10± acre property should additional development occur on tax parcels 44-((A))-75B, 44-((A))-75C, 44-((A))-75D, 44- ((A))-75E and 44-((A))-75F. 2.) The Applicant hereby proffers to prohibit the following B-3 District land uses within 28.10± acre property: ➢ Amusement and recreational services operated indoors ➢ Automotive dealers and gasoline service stations ➢ Drive-in motion picture theaters ➢ Food stores ➢ Local and suburban transit and interurban highway passenger transportation. ➢ Membership organizations ➢ Model home sales offices ➢ Motor freight transportation ➢ Restaurants ➢ Transportation by air ➢ Transportation services ➢ Truck stops File #3949/EAW 2 Greenway Engineering April 17, 2008 Adams Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for all uses within this site for the 28.10± acre property and all parcels previously subdivided fi•oln tax parcel 44-((A))-75. This shared commercial entrance wi"�oc-ated so as has been constructed to align with the existing commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Turn lane — Martinsburg Pike (US Route 11) The Applicant hereby ^rr to insta" has constructed a right -turn deceleration lane at the entrance on Martinsburg Pike (US Route 11). A dditional y , tke The Applicant will be responsible for the relocation of the right -turn deceleration lane should this be required as a result of the future Martinsburg Pike transportation plan improvements. 3.) Additional Right-of-way Dedication In the interest of future area transportation plan improvements, the applicant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right-of-way on the Martinsburg Pike (US Route 11) frontage of the property. This right-of-way commitment has been initiated by the Applicant through dedication to Frederick County as evident in Deed Instrument No. 050017512. 4.) Corridor Improvements, Signalization In recognition of offsite transportation impacts, the Applicant hereby proffers to contribute a share of the cost of signalization improvements in the area of Interstate- 81 Exit 321. The Virginia Department of Transportation (VDOT) will determine the appropriate location for signalization improvements and will determine when this improvement is warranted. When determined by VDOT, the The Applicant will enter into a signalization agreement with VDOT that will provide a one-time contribution towards the cost of signalization in an amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. 5.) Corridor Improvements, Bicycle and Pedestrian Facility The Applicant hereby proffers to construct an asphalt bicycle and pedestrian facility that is 10 feet in width and located within the 20-foot green strip identified in Section 9 Section F of this proffer statement. The Applicant shall construct this bicycle and pedestrian facility on the north side of the single shared commercial entrance in f �unetion with appFO• prior to the issuance of a building occupancy permit for the first site plan on the north side of that entrance, and shall construct this bicycle File #3949/EAW 3 Greenway Engineering • April 17, 2008 Puns Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 and pedestrian facility on the south side of the single shared commercial entrance in oi� unetion with ^,,,.,.oN ^f prior to the issuance of a building occupancy permit for the fast site plan on the south side of that entrance. No portion of the asphalt bicycle and pedestrian facility will be constructed with the 20-foot right-of-way dedication area identified in Section C(3) of this proffer statement. D.) North Buffer The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to prsnerties-to-the noFthe tax parcels 44-((A))-76A, 44-((A))-76B, 44-((A))-76C and 44-((A))-76D as depicted on the proffered GDP. E.) South Buffer The applicant hereby proffers to utilize a minimum six foot high fence, rather than earthen. berm, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to oper-ties to ,he south. tax parcels 44-((A))-70, 44-((A))-72, 44-((A))- 73, and 44-((1))-D as depicted on the proffered GDP. F.) Corridor Appearance Enhancements The Applicant hereby proffers to enhance the appearance of the Martinsburg Pike (U.S. Route 11) corridor through the implementation of a low-level earth berm and landscaping along the frontage of the subject property. This enhancement will be located within a 20- foot wide green strip that is located immediately adjacent to and on the west side of the dedicated 20-foot right-of-way strip, which will contain an earth berm that is 2-feet in height with staggered low-lying shrubs and a single row of deciduous flowering trees that are a minimum of 1 1/2 caliper and planted on 30-foot centers. This corridor appearance enhancement will be designed to ensure that sight distance is not negatively impacted at the commercial entrance to the subject property, and will be developed in substantial conformance with the Corridor Appearance Enhancement Exhibit dated August 12, October 1, 2008, and will be installed by the Applicant consistent with the construction of the bicycle and pedestrian facility as described in Section C5 of the proffer statement. G.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application # 509/is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: File #3949/EAW 4 Greenway Engineering April 17, 2008 rns Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 $ .015/ building square foot This payment potentially totaling $8,325 is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid atthe fifne prior to issuance of the building occupancy permits. H.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ADAMS DEVELOPEMNT GROUP, INC. Robert C. Adams, President Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20_ by Notary Public My Commission Expires Date File #3949/EAW 5 VINICINTY MAP SCALE I" = 2000' NORTH BUFFER AREA SOUTH BUFFER AREA CORRIDOR ENkANGEMENT 20'GREEN STRIP ZONED Ml MULLINS DEBORAH A DEED RA US(RESO", PO E NTU',L DEED 490 r USE RASIDENTIAL SPIRIT SPE POTFOUO 2007-2, LLC - ----- - INSTR. 070007979 ZONED 03 USE OFFICE,/ WHOLESALE I WAREHOUSE LUMBERSTORE SPS 59-05 /EVANLYNN L.L.C. IkSTFL 06000199" ZONED 83 / USE OFF /WAREHOUSE REMAINING LAND BAY AREA - ADAMS DEVELOPMENT GROUP 0 MY EDWARD I 6 2" ANN N 415 P 3 RA MAY EDWARD M ... —17AU 41F JRE WINCHESTEP, LLC INSTR. 060002887 ZONED S3 USE UNIMPROVED 3P148-H PAYNE-O L A RUTH B DEED BOOK 381 PG 225 ZONED NJ USE RESIDENTIAL oO"-SWM CHANNEL 0 z VDOT 20' EDICATION FOR FUTURE LITURE RT. 11 Cv- w WIDENING INSTR. 050017512 00 H MARK . 11 No.022837 Q� C3IONAL cc Z 0 cc IL LU R D SMITH \X4- SOUTH END HOSE CO LC INSTR. 040019121 z CC RA ZONED USE RESIDENTIAL 2 L L M4beLCHURC97 i o +I j Z, LLI 0 TF`y'T C) co iaNgs RA ic < Y \�E "SIDE AL & WETLANDS PRESERVATION AREA a N Z Lw- m z i 0 WIM ELWOOD L & BETTY L DEED /Roo X 07 40 pa 7230 zz, ZONED RA E RBSIDENTIAL N ........%... c w z UJI CC W U) DATE 10101108 SCALE: NTS DESIGNED BY, TEAM FILE NO. 3949 SHEET 1 OF 1 20' FCSA EASEMENT SOUTH �-BUFFER >-EX. WETLANDS [FCSA PUMP STATION 2' FCSA �/ 1 EASEMENT ------------ - — 10' TRAIL G �— -- r CORRIDOR APPEARANCE ENHANCEMENT 20'GREEN 6TRIP WITH •' WIDE, T W6W BERM (PROFFER f) cenwa» �I20' FCSA 0 EASEMENT -I A-20'VDOT ROW DEDICATION r NORTH BUFFER - 20' FCSA EASEMENT GREEN SPACE 10' TRAIL v O J � � r 0 . c�W o z 0 ui co N =w o 30 15 0 30 60 SCALE: 1" = 30' a Z_ a W W Z a W " o m m N �• N Y Q Q� U 3 W a,y u I W R Z dh z 0 m 5 W a � m 4 LU V Zm F U_ Q = z x IC d cn d QW aZ=W= W i Q L U OJ d U OW Lea V w OZ m CC Q ° Z CC = Q ul o pZ VW DATE: 10/01/2008 SCALE: I 1" = 50' DESIGNED BY: KLB FILE NO. 3949 SHEET 1 OF 1 December 8, 2008 VIA FACSIMILE — (540) 722-9528 — AND REGULAR MAIL Mr. Evan Wyatt, A.iCP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us R E G_t Z_ DEC 0 9 2008 RitA/AW Re: Rezoning Application, Parcel Number 44-A-75, Adams Commercial Center — Revised Proffer Statement dated October 1, 2008 Dcar Evan: I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: Proffer B2 remains unclear regarding what the reference to "motor freight transportation" might actually exclude. SIC Major Group 42 is designated "Motor Freight Transportation And Warehousing" (emphasis added). Furthermore, the Industry Groups within Major Group 42 clearly distinguish between activities with an emphasis on transportation, Industry Group 421: Truckine And Courier Services. Except Air, and those without, Industry Group 422: Public Warehousing And Storage (this group includes, for example, self - storage, an activity that it would seem is not typically considered as involving transportation per se, any more so than a number of retail activities). Also, staff should be aware that, while SIC Major Group 86 is designated "Membership Organizations", the applicant intends, by its reference to "Membership Organizations", to proffer out only Industry Group 862: Professional Membership Organizations, and not Industry Group 861: Business Associations and Industry Group 863: Labor Unions And Similar Labor Organizations, which are also allowed uses in the B3 District. See Evan Wyatt letter to me, dated October 17, 2008. 107 North Kent Street - Winchester, Virginia 22601 f. Mr. Evan Wyatt, AICP December 8, 2008 Page 2 2. Staff should be aware that the applicant has deleted the former Proffer H, regarding BMP facilities, per the comment from the applicant. See Evan Wyatt letter to me, dated October 17, 2008. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sincerely yours, Roderick B. Williams County Attorney cc: Ms. Candice E. Perkins, AICP, Senior Planner, County of Frederick 9 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 September 11, 2008 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RP: Proposed Rezoning of the Adams Property Property identification Num&m (PIN): 44-A-75 Dear Evan: I have had the opportunity to review the draft rezoning application for the Adams Property. This application seeks to rezone 28.10 acres of land from the B3 (Industrial Transition) District with proffers to the B3 District with revised proffers. Staff s review comments are listed below for your consideration. 1. Martinsburg Pike Improvements. As indicated in the Frederick County Eastern Road Plan, Martinsburg Pike is identified as an improved minor arterial road (U41)). With this rezoning application, the applicant should be constructing the additional lane along the frontage of the site. 2. Proffer B.1. Proffer B appears to be placing an impact on parcels 44-A-7513, C, D, E and F. The original proffer stated that the entire site was limited to 4,603VPD, and the revised proffer states that the remainder of 44-A-75 is limited to 3,607VPD. The last sentence of this proffer states that the 3,607VPD may be reduced if additional development occurs on the remainder of the site. This proffer does not account for the opposite situation where if 44-A-75 utilizes all of the 3,607VPD the parcels B-E will not be able to expand. If parcel 44-A-75 utilizes all of the 3,607VPD, parcel E, which is currently vacant, `,would, not be able to de 1:?'op at all 3. Proffer B.2. The original proffer was very restrictive in regards to uses, as it limited the site to only five types of uses. The new proffer allows for all uses except what is listed in proffer B.2, which allows for many other uses. The applicant should also look at restricting restaurant uses on the site. 4. Proffer D. It appears that proffer D can be removed from the revised proffer statement as it does not apply to PIN 44-A-75. 5. Proffer G. It appears that proffer G should have the same timing as proffer C.5. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 • Page 2 Mr. Evan Wyatt RE: Proposed Rezoning of The Adams Property September 11, 2008 6. Proffer I. The total potential monetary contribution needs to be modified since parcels B-E are not part of this application. 7. Proffer G. It appears that the corridor appearance proffer could be modified to create a staggered buffer. Please refer to previously approved buffers proffered with Rutherford Crossing or Easy Living. 8. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, the local Fire and Rescue Company and the Frederick -Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 9. Special Limited Power of Attorney. Provide a Power of Attorney for the property owners. 10. Fees. The fee for this application includes a $5,000.00 base fee plus $200.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of April 28, 2008. Fees may change. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, u4v& Candice E. Perkins, AICP Senior Planner Attachments cc: Adams Development Group, Inc., HC 34 Box 30, Bloomery, WV 26817 CEP/bad I. 0 0 Rezoning Comments }.�i, .�},. ;.ur• 'II.t 7.'+�rr�;?q'�i(i>.iifi( ct �ii?[f^'qr*1}tt(r,2trl•ii'i`�+s"(-`.74}iT, `riRi:,lli n;i 'T,mi'P;?j }ii I';�}�,. •,yn�*-„•� 'tT-1 ,01tR �1e'�r�,'S�!`}�144i�a��„r,t•iluiiZwtcu�:;lii11;1�4r;%cto��t�e_'aY iF,.ne{Uilii;��i6Lu�wA4�i,;:wi1'`4�ti'j:1 .;1 i�!T Itl i?T�" i! � ti ���� i.�a ;�;� S'�I:1.cJiilt.'u.Jz>!rL:•�r�.a�.:1,JL:�.,;t..f ��;WiWsvw�iil�, I�Lll'1, 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: Greenway Enaineerin•_g Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester. VA 22602 Location of property: North of City of Winchester, fronting on the west side of Martinsburg Pike (US Route 11). opposite the intersection with Stepbenson Road (Route 664) Current zoning: B3 Zoning requested: B3 Acreage: 28.10 Virginia Department of Transportation Comments: See attached email from VDOT to Greenway Engineering dated August 14, 200 VDOT Signature &Date: ' Land Development Super For: LloyQ A. Ingr , Transpo tation Engineer 08/14/0 Notice to VDOT — Please Return This Form to the Applicant -------------- isor Adams Commercial Center - Routl, Frederick County • Page 1 of 1 Evan Wyatt From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Hoffman, Gregory [Gregory.Hoffman @ VDOT.Virginia.gov] Sent: Thursday, August 14, 2008 2:37 PM To: Evan Wyatt Cc: Hoffman, Gregory; Smith, Matthew, P.E.; John Bishop Subject: Adams Commercial Center - Route 11, Frederick County The documentation within the application to rezone this property appears to have a measurable impact on Route 11. This route 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 Adams Commercial Center Rezoning Application dated August 12, 2008 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, 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. Thank you for allowing us the opportunity to comment. <<CommentSheet.pdf>> Gregory T. Hoffman, Supervisor Virginia Department of Transportation Edinbnrg Residency — Land Development 2275 Northwestern Pike Winchester, VA 22603 Phone #(540) 535-1824 Fax # (540) 535-1846 8/18/2008 Control number Date received RZ08-0016 10/21/2008 Project Name Adams Commercial Center Zoning Amendment Address City 151 Windy Hill Lane Winchester Type Application Tax ID Number Rezoning 44-A-75 Current Zoning B3 Recommendations Automatic Sprinkler System Automatic Fire Alarm System No No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Emergency Vehicle Access Comments Access Comments Additional Comments Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date reviewed Date Revised 10/27/2008 Applicant Greenway Engineering State Zip Applicant Phone VA 22602 540-662-4185 Fire District Rescue District 13 13 Election District Stonewall Residential Sprinkler System No Fire Lane Required No Special Hazards No RECEIVED I OCT 2 ? 2008 GREENWAY ENGINEERING Plan Approval Recommended Reviewed By Signature $� Yes J. Neal Title........------- Adams Conditional Zoning Amendment — County Attorney Comments 1) Structural limitations are not defined by maximum defined square footage; however, structural limitation are set based on maximum vehicle per day generation that will be determined from ITE when a site plan is filed with the County. 2) Plat will be provided as part of the formal submittal. 3) Will add the word "attached". The NTS is accurate. 4) Will reword the second sentence to follow suggested wording. The proffer does address reductions in the maxiinum 3,607 VPD by stating that this number would be further reduced if additional development occurs on the other subdivided parcels above their current approved site plans. 5) The B-3 District allows SIC 862 only and SIC 42. The proffer prohibits all uses within the allowed categories. 6) Will reword first sentence to state that "Direct access to Martinsburg Pike will be provided through a single shared commercial entrance to provide ingress and egress for the 28.10± acre property and all parcels previously subdivided from tax parcel 44-A-75." 7) Will reword proffer C2 to acknowledge the installation of the existing turn lane and maintain the future relocation of the turn lane as requested by VDOT. Will incorporate new sentence for proffer C3 acknowledging that the County has received right-of-way as evident from Deed Instrument #050017512. Will reword proffer C4 to include the statement "When determined by VDOT..." at the beginning of the third sentence to further address the performance obligation. 8) Will reword proffer C5 to change "in conjunction with" to "will construct bicycle and pedestrian facility within 180 days of first site plan approval" for the north and south sides of the commercial entrance. 9) Will eliminate Outdoor Storage Buffer from proffer statement. 10) Will reword Proffer E to state "adjacent to tax parcels 44-((A))-76A, 44-((A))- 76B, 44-((A))-76C, and 44-((A))-76D as depicted on the proffered GDP." Will reword Proffer F to state "adjacent to tax parcels 44-((A))-70, 44-((A))-72, 44- ((A))-73 and 44-((l))-D as depicted on the proffered GDP." 11) Will eliminate Stormwater Quality Measures as this is now a DCR requirement. 12) Will reword to state "will be paid prior to the issuance of the building occupancy permit." - Adams Conditional Zoning Amendment — County Planning 9-11-08 Comments 1) The proposed conditional zoning amendment has been structured to provide a zero impact application from what was approved by the Board of Supervisors in 2005. The proffered transportation improvements were deemed acceptable by VDOT and the BOS at that time; therefore, the suggestion regarding construction of a new 12-foot wide, 800 linear foot travel lane on Martinsburg Pike is excessive. In the spirit of cooperation, the developer has agreed to assume the cost with relocation of the right turn lane that is approximately 350 linear feet, as well as the construction of a 10-foot wide asphalt bicycle and pedestrian facility as new conditions associated with the zero impact application; therefore, it is hoped that the County will recognize this offer. 2) Proffer B actually places an impact on the undeveloped 28.10± acre area, as the parcels that have been sold have the first opportunity to take the proffered VPD from the total allocation. The proposed proffer acknowledges this and agrees to reduce the 3,607 VPD if additional development occurs on those parcels that are already sold. Your point regarding parcel E is valid; therefore, we would be willing to entertain a maximum allocation of the available 3,607 VPD. I would recommend limiting the 28.10± acres to a maximum of 3,000 VPD. This would provide the previously sold properties, including the 5-acre undeveloped property with adequate development and expansion potential (additional 38% of available 1,603 ADT). Additionally, we would maintain the statement regarding reduction of the 3,000 VPD for the 28.10± area should additional development occur on the other parcels. 3) Agreed; however, this was done based on our discussion to prevent the County from having to make interpretations regarding land uses that appeared to be appropriate in the B3 such as the commercial kitchen equipment repair client. It seemed that the allowed land uses were less of an issue provided that the site development was limited to the maximum VPD, thus maintaining a zero impact application. However, the elimination of restaurants would be acceptable, as well as other land uses that you may be concerned with. 4) Will eliminate Outdoor Storage Buffer from proffer statement. 5) Will reword Proffer G to provide for the same timing as Proffer C5. 6) Will reword Proffer I to eliminate the statement ,potentially totaling $8,325.00". 7) Proffer G was intended to dress up the Martinsburg Pike corridor and not serve as a buffer, as APAC is across the street from this project unlike residential uses across the street from Rutherford Crossing and Easy Living. However, we would be willing to consider your input on a staggered landscaping design if it results in a better design for the project site. V� 8) Our previous meetings indicated that due to the minor nature of this application that we would only need comments from VDOT, Planning and the County Attorney. The site area approved during the 2005 Rezoning has been improved so that the entire acreage has access to Yardmaster Court, including access to public water and sewer, the sewer pump station and fire hydrants; therefore, comments from the Health Department, FCSA, FWSA and the Fire Marshal seem to be a moot point. The Parks and Recreation Department did not comment on the previous rezoning application; therefore, we would be happy to obtain a comment from this agency regarding the new 10-foot bicycle and pedestrian facility if desired. Additionally, the Health Department does not regulate Will reword proffer C5 to change "in conjunction xvith" to "will construct bicycle and pedestrian facility within 180 days of first site plan approval' for the north and south sides of the commercial entrance. 9) Will do at time of formal filing. 10) Will do at time of formal filing. GREENWAY ENGINEERING, iNc. 151 Windy Hill lane Winchester, Virginia 22602 a Founded in 1971 October 17, 2008 Frederick County Planning Development Attn: Candice Perkins, AICP, Senior Planner 107 North Kent Street, Suite 202 Winchester, VA 22601 Re: Comment Response Letter - Adams Development Group Proffer Amendment Dear Candice: We are in receipt of the comments dated September 11, 2008 and offer the following responses: Comment I: Martinsburg Pike Improvements. As indicated in the Frederick County Eastern Road Plan, Martinsburg Pike is identified as an improved minor arterial road (U4D). With this rezoning application, the applicant should be constructing the additional lane along the frontage of the site. Response: The proposed conditional zoning amendment has been structured to provide a zero impact application from what was approved by the Board of Supervisors in 2005. The proffered transportation improvements were deemed acceptable by VDOT and the BOS at that time. In the spirit of cooperation, the developer has agreed to assume the cost with relocation of the right turn lane that is approximately 350 linear feet, as well as the construction of a 10-foot wide asphalt bicycle and pedestrian facility as new conditions associated with the zero impact application, which has been determined to be acceptable by VDOT; therefore, it is hoped that the County will recognize this offer to be acceptable as well. Comment 2: Proffer B.I. Proffer B appears to be placing an impact on parcels 44-A- 75B, C, D, E, and F. The original proffer stated that the entire site was limited to 4,603VPD, and the revised proffer states that the remainder of 44-A-75 is limited to 3,607VPD. The last sentence of this proffer states that the 3,607VPD may be reduced if additional development occurs on the remainder of the site. This proffer does not account ,for the opposite situation where if 44-A-75 utilizes all of the 3,607VPD the parcels B-E will not be able to expand. If parcel, 44-A-75 utilizes all of the 3,607VPD, parcel E, which is currently vacant, would not be able to develop at all. Response: Proffer B actually places an impact on the undeveloped 28.10± acre area, as the parcels that have been sold have the first opportunity to take the proffered VPD from Engineers Surveyors Planners Environmental scientists Telephone 540-662-4185 rAX 540-722-9528 Pile #3949/EAW/dim www.greenwayeng.com the total allocation. The proposed proffer acknowledges this and agrees to restrict the total undeveloped 28.10± acre area to a maximum 2,900 VPD and further reduce this allocation if additional development occurs on those parcels that are already sold. This would provide the previously sold properties, including the 5-acre undeveloped property with adequate development and expansion potential. Conintent 3: Proffer B.2. The original proffer was very restrictive in regards to uses, as it limited the site to only five types of uses. The new proffer allows for all uses except what is listed in proffer B.2, which allows for many other uses. The applicant should also look at restricting restaurant uses on the site. Response: Agreed; however, this was done based on our discussion to prevent the County from having to make interpretations regarding land uses that appeared to be appropriate in the B3 such as the commercial kitchen equipment repair client. It seemed that the allowed land uses were less of an issue provided that the site development was limited to the maximum VPD, thus maintaining a zero impact application. However, the Applicant has agreed to include restaurants as a prohibited land use as suggested. Comment 4: Proffer D. It appears that proffer D can be removed from the revised proffer statement as it does not apply to PIN 44-A-75. Response: Section D - Outdoor Storage Buffer has been eliminated from the proffer statement and the revised proffer sections have been reformatted accordingly. Comment 5: Proffer G. It appears that proffer G should have the same timing as proffer C.S. Response: Section G of the revised proffer statement has been reformatted as Section F — Corridor Appearance Enhancements, and has been revised to provide for the same timing mechanism as Section C5. Comment 6: Proffer L The total potential monetary contribution needs to be modified since parcels B-E are not part of this application. Response: Section I of the revised proffer statement has been reformatted as Section G — Monetary Contribution to Offset Impact of Development, and has been revised to eliminate the statement "potentially totaling $8,325.00". Comment 7: Proffer G. It appears that the corridor appearance proffer could be modified to create a staggered buffer. Please refer to previously approved buffers proffered with Rutherford Crossing or Easy Living. File #3949/EAW/dlm 2 Response: Section G of the revised proffer statement has been reformatted as Section F — Corridor Appearance Enhancements, and has been revised to provide for language that calls for the staggering of shrubs based on our previous meeting. Additionally, the Corridor Appearance Enhancement Exhibit has been modified to reflect this change. Comment 8: Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick - Winchester Health Department, the local Fire and Rescue Company, and the Frederick - Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. Response: Per our meeting, it was agreed that we will obtain review agency comments from VDOT, the County Attorney, the County Fire Marshal, the 151 Due Fire and Rescue Company (Clear Brook), and the Planning Department. Comment 9: Special Limited Power of Attorney. Provide a Power of Attorney for the property owners. Response: The SLPOA Document will be submitted as part of the formal filing of the Conditional Zoning Amendment Application. Comment 10: Fees. The fee for this application includes a $5,000.00 base fee plus $200.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of April 28, 2008. Fees may change. Response: An Application Fee in the amount of $10,670.00 ($5,000.00 base fee + $5,620 acreage fee (28.10± acres x $200.00 per acre) + $50.00 sign deposit fee) will be submitted as part of the formal filing of the Conditional Zoning Amendment Application. File #3949/EAW/dim 3 a. 0 0 Please find attached a copy of the revised proffer statement that indicates the proposed revisions with bold and italic text and indicates the language to be eliminated with strike out text in order to assist with your review. I have also attached a copy of the comment response letter that has been prepared for the County Attorney, as several of your comments were consistent with these comments. Please review this information and provide me with an updated comment for this project at your earliest possible convenience. We would like to attempt to meet the November 7, 2008 filing deadline for this project; therefore, please contact me if you have any questions regarding the information in this packet or if you need any additional information at this time. Sincerely, Evan A. Wyatt, A? IC Engineering, hie. Attachments Cc: Rod Williams, Frederick County Attorney R.C. Adams — Adams Development Group File #3949/EAW/dlm 4 ViewDetail 0 0 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# RE2008 'I Ticket #: 373010002 FRQ: 2 Sup#: 0 Name: THE ADAMS DEVELOPMENT GROUP INC Account#: 8933 Name 2: Map#: 44 A 75 Address: HC 34 BOX 30 Description: 28.10 ACRES BLOOMERY WV Bill Date: 20081205 26817 Due Date: 12/05/2008 Land: $562,000 Improve: Original Bill: $1,475.25 Payments: Penalty Paid: Int Paid: Use: $1,475.25- 1 Acres: 28.10 ...... .... Amount Owed: Other: Last Date: 11/26/2002 Total Owed: Penalty: Interest: . . ........ . . . ..... Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 12/5/2008 Charge 0 $1,475.25 $1,475.25 11/26/2008 Payment 5951 ($1,475.25) $0.00 1 1 1 IjUse the print key for your browser to print a copy of taxes paid for t:h=isy=ear New Searchl Previous Page I of 1 https:lltaxes.co.frederick.va.uslApplicationsIREPubliclnquirylViewDetail.aspx 12/11/2008 G W i STER COURT IIDTH R/W )50017512 20 . ` 62' ,D RESIDUE OF TAX PARCEL 44-A -75 28.1055 ACRES (TOTAL) 19.4192 ACRES .1-PORTION SOUTH OF L YARDMASTER COURT Tm 44_1_ O L. PAYNE � SEEN225 024 641 LEGEND � = CENTERLINE OF PAVEMENT R/W = RIGHT OF WAY 16 17 18 so'f 250 0 250 GR4PHIC SCALE (IN FEET) OADJOINING PROPERTY OWNER TAG NOTE REFERS TO KEY ON SHEET 2 SEE SHEET 2 FOR NOTES AND KEY TO ADJOINING PROPERTY OWNERS. CORNER MONUMENT TAG REFERS TO CORI !ER SEE SHEETS 3 & 4 FOR METES DESCRIBED IN METES do BOUNDS DESCRIPRON AND BOUNDS DESCRIPTION. BOUNDARY SURVEY OF THE LAND OF �-ql OF L THE ADAMS DEVELOPMENT GROUP, INC. STONEWALL MAGISTERIAL DISTRICT, FREDt:RICK COUNTY, VIRGINM SCALE: 1" = 250' 1 DA'I'r : APRIL 24, 2007 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com w TAX MAP # 44 A 75/91 A 23/91B-A-53 070007323 Parcel Number: ❑ THIS IS A REFINANCE OF A DEED OF TIWST RECORDED IN THE CLERK'S OFFICE, CIRCUIT COURT OF ........................................................... .. VIRGINIA, IN DEED BOOK ................................................. PAGE ................. IN THE ORIGINAL PRINCIPAL AMOUNT OF $........................................... AND WITH THE OUTSTANDING PRINCIPAL BALANCE, W IIICH IS $............................................... . This document was prepared by: THE MARATiTOY BANK Commonwealth of Virtoaia Space Above This Line For Recording Data THIS IS A CREDIT LINE DEED OF TRUST (Wit' Future Advance Clause) 1. DATE AND PARTIES. The date of this Credit 1xie Deed of Trust (Security Instrument) is .. MAY..02,... 2.Q07.... I....... and the parties, their addresses and tax identification numbers, if required, are as follows: GRANTOR: THE ADAMS DEVELOPMENT GROUP, INC. 156 BIG TIMBER DRIVE CROSS JUNCTION VA 22625 ❑ If checked, refer to the attached Addendum incorporated herein, for additional Grantors, their signatures and acknowledgments. TRUSTEE: JAMES C. YOUNGBLOOD STEPHEN G BUTLER 4095 VALLEY PIKE 112 S CAMERON STREET WINCHESTER, VA 22602 WINCHESTER, VA 22601 LENDER: THE MARATHON BANK 4095 VALLEY PIKE WINCHESTER, VA 22602 2. CREDIT LINE DEED 0Y TRUST. THIS IS A. CREDIT LINE DEED OF TRUST within the meaning of Section 55-58.2 of the Code of Virginia (1950), as amen3ed. For purposes of such section, (i) the nine of the noteholder secured by this Security Instrument is .......... TH..MW. .711W.BANK................. (ii) the address at which communications may be -,idled or delivered to the noteholder is .A925-V? 4.49X.R.T.K.43.......... .... �"1�I?�$$TR� VA..Z2602.................... ............................... . and (iii) the maximum aggregate rincipal amount to be secured is This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Grantor's performance under this Security Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following described property: SEE ATTACHED SCHEDULE 'A' The property is located in ...F"l)ERICK............................................ at .................................................. (Co-ry (or City)) 2 e ; I o o s„ Ac .TorMw 7 Virginia 2265 rginia 6/.22645........ ..A sox(City) (ZIP Code) Together with all rights, easements, appurtenancrr. royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments merit to crop producers, all water and riparian rights, wells, ditches, reservoirs, and water stock and all existing and fun jr s improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real est-me described above (all referred to as 'Property ). 4. SECURED DEBT AND FUTURE ADVANCES. the term -Secured Debt" is defined as follows: A. Debt incurred under the terms of all promisson note(s), contract(s), guaranty(ies) or other evidence of debt described below and all their extetvsions, renewals, mthl/fications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) NOTE DATED MAY 02, 2007 IN THE AMOUNT OF $2,117,500.00 MATURITY DATE OF MAY 31, 2009 SAID LOAN IN THE NAME(S) OF THE ADAMS DEVELOPMENT GROUP, INC. VIRGINIA - AGRICULTURAL/COMMFJ,CIAL DEED OF TFNJST NOT FOR FNMA, FHUAC, FHA OR VA USE, AND UT FOR CONSUMER PURPOSES! (papa 1 of 6) r 0 1994 Bankuo Systems, inc., St. Cloud. MN Form AG/CO-OT-VA 0/5/2002 B. All future advances from Lender to Grantote: other future obligations of Grantor to Lender under any promissory note, contract, guaranty, or other evidence of .?ebt existing now or executed after this Security Instrument whether or not this Security Instrument is specifics,lly ±-eferenced. If more than one person signs this Security Instrument, each Grantor agrees that this Security Insi,�i.rent will secure all future advances and future obligations that are given to or incurred by any one or more Grantor, or any one or more Grantor and others. All future advances and other future obligations are secured by this Sxurity Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security tmtrument. Nothing in this Security Instrument shall cor.:Atute a commitment to snake additional or future loans or advances in any amount. Any such commitment must be; -,greed to in a separate writing. C. All obligations Grantor owes to Lender, which now exist or may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Grantor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Grantor agree— that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Grantor receives from the holder. C. Not to allow any modification or extensioc of, nor to request any future advances under any note or agreement secured by the lien document without Lender'-, prior written consent. 8. CLAIMS AGAINST TITLE. Grantor will pay ali taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against any claims that would irnpair the i:emj of this Security Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defense: Grantor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender ,i,iv, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remr,?in in effect until the Secured Debt is paid in full and this Security Instrument is released. NOTICE - THE DEBT SECURED HEREBY IS S0BIECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE OF THE PROPERTY CONVEYED, 10. TRANSFER OF AN INTEREST IN THE GRANTOR. If Grantor is an entity other than a natural person (such as a corporation or other organization), Lender may demand immediate payment if: A. A beneficial interest in Grantor is sold or transferred. B. There is a change in either the identity or number of members of a partnership or similar entity. C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity. However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Security Instrument. 11. ENTITY WARRANTIES AND REPRESENTATIONS. If Grantor is an entity other than a natural person (such as a corporation or other organization), Grantor makes to Lender the following warranties and representations which shall continue as long as the Secur.^d Debt remains outstanding: A. Grantor is duly organized and validly existing in the Grantor's state of incorporation or organization, Grantor is in good standing in all states in which Grantor transacts business. Grantor has the power and authority to own the Property and to carry on its business as now being conducted and, as applicable, is qualified to do so in each state in which Grantor operates. B. The execution, delivery and performance of this Security Instrument by Grantor and the obligation evidenced by the Secured Debt art within the power of Grantor, have been duly authorized, have received all necessary governmental approval, and will not violate tiny provision of law, or order of court or governmental agency. C. Other than previously disclosed in writing to Lender, Grantor has not changed its name within the last ten years and has not used any other trade or fictitious name. Without Lender's prior written consent, Grantor does not and will not use any other name and will preserve :ts existing name, trade names and franchises until the Secured Debt is satisfied. 12. PROPERTY CONDITION, ALTERATIONS ANA) INSPECTION. Grantor will keep the Property in good condition and snake all repairs that are reasonably necessity Grantor shall not commit or allow any waste, impairnment, or deterioration of the Property. Grantor will keep th,; Property free of noxious wecds and grasses. Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Grantor will not Permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, :aid actions against Grantor, and of any loss or damage to the Property. No portion of the Property will be removed, denrslished or materially altered without Lender's prior written consent except that Grantor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Grantor shall not partition or subdivide the Property without Lender's prior written consent. (page 2 of 6) EK75E� W 0 1994 8tnkarb SY51", Inc., St. C1OW, MN Form AG/C0-0T-VA 8/6R002 o c.. cn Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall dive Grantor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Grantor will in no way rely on Lender's inspection. 13. AUTHORITY TO PERFORM. If Grantor fails m perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform c-r cause them to be performed. Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to perform for Grantor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 14. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of the Lender, as additional security all the right, title and interest in and to any and all: A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases"). B. Rents, issues and profits (all referred to as 'Rents'), including but not limited to security deposits, minimum rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Grantor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property. In the event any item listed as Leases or Rents is determined to be personal property, this Security Instrument will also be regarded as a security agreement. Grantor will promptly provide Lender with true and correct copies of all existing and future Leases. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in default. Except for one lease period's rent, Grantor will not collect in advance any future Rents without Lender's prior written consent. Upon default, Grantor will receive Rents in trust for Lender and Gra•itor will not commingle the Rents with any other funds. Amounts collected shall be applied at Lender's discretion to payments on the Secured riebt as therein provided, to costs of managing, protecting and preserving the Property and to any other necessary related expenses including Lender's attorneys' fees and court costs. Grantor acknowledges that this assignment is imna.diately effective between the parties to this assignment and effective as to third parties on the recording of this Security Instrument. Grantor agrees that Lender is entitled to notify Grantor or Grantor's tenants to muse payment of Rents d,ie or to become due directly to Lender after such recording, however, Lender agrees not to notify Grantor's tenants until Grantor defaults and Lender notifies Grantor of the default and demands that Grantor and Grantor's tenants pay all Rents due or to become due directly to Lender. On receiving the notice of default, Grantor will endorse and deliver to Lender any payments of Rents. Grantor warrants that no default exists under the Leases or any applicable landlord law. Grantor also agrees to maintain, and to require the tenants to comply with, the Leases and any applicable law. Grantor will promptly notify Lender of any noncompliance. If Grantor neglects or refuses to enforce compliance with the terms of the Leases, then Lender or Trustee may opt to enforce compliance. Grantor will obtain Lender's written authorization before Grantor consents to sublet, modify, cancel, or otherwise alter the Leases, to accept the surrender of the Property covered by such Leases (unless the Leases so require), or to assign, compromise or encumber the Leases or any future Rents. If Lender acts to manage, protect and preserve the Property, Lender does not assume or become liable for its maintenance, depreciation, or other losses or damages, except those due to Lender's gross negligence or intentional torts. Otherwise, Grantor will hold Lender harmless and indemnify Lender for any and all liability, loss or damage that Lender may incur as a consequence of the assignment under this section. 15. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Grantor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Grantor will perform ail of Grantor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 16. DEFAULT. Grantor will be in default if any of the following occur: A. Any party obligated on the Secured Debt fails to make payment when due; B. A breach of any term or covenant in this Security Instrument or any other document executed for the purpose of creating, seething or guarantying the Secured Debt; C. The making or furnishing of any verbal or written representation, statement or warranty to Lender that is false or incorrect in any material respect by Grantor or any person or etidry obligated on the Secured Debt; D. The death, dissolution, or insolvency of, appointment of a receiver for, or application of any debtor relief law to, Grantor or any other person or entity obligated on the Secured Debt; E. A good faith belief by Lender at any time :hat Lender is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment is impaired or the value of the Property is impaired; F. A material adverse change in Grantor's busi,iess including ownership, management, and financial conditions, which Lender in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. 17. REMEDIES ON DEFAULT. In some instances, ,'oderal and state law will require Lender to provide Grantor with notice of the right to cure, or otter notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accel,.rate the Secured Debt aid foreclose this Security Instrument in a manner provided by law if Grantor is in default. At the option of Lender, all or any part of the almed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice: if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender and Trustee shall he entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related docuiaents, including without limitation, the power to direct the Trustee to execute the trust created hereby and in so doing exercise all of the powers under applicable law and as set forth in Va. Code Section 55-59 and 55-59.1 through 55-59.4, as in effect on the date of this Deed of Trust. If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash at such time and place as Trustee designates. Truster: shall give notice of sale including the time, terms and place of sale and a description of the Ipape 3 of 6/ 150456� " 0 1994 8&4" Symi,u, Inc., St. Cloud, MN form AO/CO-OT.VA 6/5/2002 18. 19. Property to be sold as required by the applicable -law in effect at the time of the proposed sale. Advertisement required: Advertisement shall be sufficient if published in .1,1_wspaper having a general circulation in the County or City where the Property or some part thereof is located either (a; once a week for two weeks, or (b) once a day for three days, which may be consecutive days. Upon any sale of the Property, Trustee will males and deliver a special or limited warranty deed that conveys the property sold to the purchaser or purchasers. Under this serial or limited warranty deed, Trustee will covenant that Trustee has not caused or allowed a lien or an encumbrance to !)urden the Property and that Trustee will specially warrant and defend the Property's title of the purchaser or purchasers st the sale against all lawful claims and demand of all persons claiming by, through or under Trustee. The recitals in any deed of conveyance will be prima facie evidence of the facts set forth therein. Upon sale of the Property, Trustee shall apply the proceeds in the order prescribed by law. Lender may purchase the Property. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy on Grantor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. SECTION 55-60 OF THE CODE OF VIRGINIA. This Security Instrument shall be construed to impose and confer upon the parties hereto, and the beneficiaries hereunder, all duties, rights and obligations prescribed in Section 55-60 of the Code of Virginia (1950), as amended, and in effect on the date of this Security Instrument, and the following provisions of that section are incorporated in this Security Instrument by short form reference: A.Exemptions waived. B.Subject to call upon default. C.Renewal, extension or reinstatement permittod. D.Any Trustee may act. E.Substitution of Trustees permitted. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Grantor agrees to pay all of Lender's expenses if Grantor breaches any covenant in this Security Instrument. Grantor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest ;-ste in effect as provided in the terms of the Secured Debt. Grantor agrees to pay all costs and expenses incurred ay Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amo.,nt may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument en,'111 retrain in effect until released. Grantor agrees to pay for any recordation costs of such release. ENVIRONMENTAL LAWS AND HAZARMICS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Er, lironrrental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state ar:I local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste," "hazardous substance," or 'regulated substance" under any Environmental Law. Grantor represents, warrants and agrees that: A -Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C.Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Iatw concerning the Property. In such an event, Grantor will take all necessary remedial action in accordance with Environmental Law. D.Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance iocated on, under or about the Property; or (2) any violation by Grantor or any tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are and shall remain in full compliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G.Grantor will regularly inspect the Property, qv)-,iitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required b;. any applicable Environmental Law are obtained and complied with. H.Grantor will permit, or cause any tenant to ,-,t-rmit. Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time 1-; determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Grantor and any tenant are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at Grantor's expense. (page 4 of 6) 0 1904 earAws Systems, Inc., St. C", MN form AG/CO-D'. -VA 016/2002 Ik o CA) . K. As a consequence of any breach of any re^resentation, warranty or promise made in this section, (1) Grantor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, \response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attomeys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Leader's discretion, Lender rosy release this Security Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property secured by this Security Instrument without prejudice to any of Lender's rights under this Security Instrument. L. Notwithstanding any of the language contzt^ed in this Security Instrument to the contrary, the terms of this section shall survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 21. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 22. INSURANCE. Grantor agrees to maintain insurance as follows: A. Grantor shall keep the Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Sect+red Debt. The insurance carrier providing the insurance shall be chosen by Grantor subject to Lender's approval, which shall not be unreasonably withheld. If Grantor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policiz% and renewals shall be acceptable to Lender and shall include a standard 'mortgage clause" and, where applicabic, "loss payee clause." Grantor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Grantor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Grantor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Grantor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of scheduled payment nor change the amount of any payments. Any excess will be paid to the Grantor. If the Property j, acquired by Lender, Grantor's right to any insurance policies and proceeds resulting from damage to the P!operty before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisi!ion. B. Grantor agrees to maintain comprehensive general liability insurance naming Lender as an additional insured in an amount acceptable to Lender, insuring agaunu- claims arising from any accident or occurrence in or on the Property. C. Grantor agrees to maintain rental loss or business interruption insurance, as required by Lender, in an amount equal to at least coverage of one year's debt se: � ice, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to' Lender. 23. ESCROW FOR TAXES AND INSURANCE. Utiless otherwise provided in a separate agreement, Grantor will not be required to pay to Lender funds for taxes and insurance in escrow. 24. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Grantor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Grantor agrees to sign, deliver, and file any additional docuunents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and Lender's lien status on the Property. 25. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Grantor signs this Security Instrument but does not sign an evidence of debt, Grantor does so only to mortgage Grantor's interest in the Property to secure payment of the Secured Debt and Grantor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited to, any anti -deficiency or one -action laws. Grantor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor from the terns of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Grantor and Lender. 26. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to 'he extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural u,`t, singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not t, be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security instrument, 27. SUCCESSOR TRUSTEE. bender, at Lender's option, may from ume to time remove Trustee and appoint a successor or successors to any trustee without any other formal:LJ than the designation in writing. The successor or any successors to any trustee, without conveyance of the Property, st &11 succeed to all the title, power and duties conferred upon Trustee by thj,&Saoupjy Instrument and applicable law. 28. NOTIC£y..�}nless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail -to the,p ro)nate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice will be deemed to be notice to all grantors. +--�� 0 1 DD4WA@r$ fasten., Inc., St. Cloud, MN Form AG/CO-DT-VA 8i6/2002 29. WAIVERS. Except to the. extent prohibited by .`aw, Grantor waives the benefit of the homestead exemption as to this obligation and any rights of appraisement and reiw j.ement. GRANTOR HEREBY EXPRESSLY WAIVES AND RELEASES ANY REQUIREMENT OR OBLIGATION THAT THE LENDER OR THE TRUSTEE PRESENT EVIDENCE OR OTHERWISE PROCEED BEFORE ANY COURT, CLERK, OR OTHER JUDICIAL OR QUASI-JUDICIAL BODY BEFORE EXERCISE OF THE POWERS OF SALE CONTAINED IN THIS SECURITY INSTRUMENT AND IN SECTION 55-59 AND SECTIONS 55-59.1 THROUGH 55-59.4 OF THE CODE OF VIRGINIA (1950), AE AMENDED. 30. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Security Instrument: ❑ Construction Lash. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. ❑ Fixture Filing. Grantor grants to Lender a security interest in all goods that Grantor owns now or in the future and that are or will become fixtures related to the Property. ❑ Crops; Timber; Minerais; Rents, Issues, and Profits. Grantor grants to Lender a security interest in all crops, timber, and minerals located on the Property as well as all rents, issues, and profits of them including, but not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) payments and similar governmental programs (all of which shall also be included in the term "Property"). ❑ Personal Property. Grantor grants to Lender a security interest in all personal property located on or connected with the Property, including all farm products, inventory, equipment, accounts, documents, instruments, chattel paper, general intangibles, and all other items of personal property Grantor owns now or in the future and that are used or useful in the construction, ownership, operation, management, or maintenance of the Property (all of which shall also be included in the term "Property"). The term 'personal property" specifically excludes that property described as "household goods' secured in connection with a 'consumer" loan as those terms are defined in applicable federal regulations governing unfair and deceptive credit practices. ❑ Filing As Financing Statement. Grantor agrees and acknowledges that this Security Instrument also suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. 31. OTHER TERMS. If checked, the following are applicable to this Security Instrument: ❑ Line of Credit. The Secured Debt includ?s a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security m!.tnunent will remain in effect until released. ❑ Agricultural Property. Grantor covenants and warrants that the Property will be used principally for agricultural or farming purposes and that Grantor is i)o individual or entity allowed to own agricultural land as specified by law. ❑ Additional Terms. SIGNATURES: By signiq below, Grantor agrees to the terms and covenants contained in this Security Instrurnettt and in any attachments. Grantor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. Witness the following signatures and seals. Entity Name: TIiR. BAAMS..RIiYS?P...R>�AAP.,..�NC A WEST VIRGINIA CORPORATION ................. .... I.......................... (Signs OBERT C ADAWS, PRESIDENT (Due) EntityNam: ......................................................... .............................................................. I ....... . (Signature) (Datc) ...... ...................................... I.......................... ....................................................................... (Signature) Date) (Signature) (Date) ACKNOWLEDGMENT: COMMONWEALTH OF ...................... :................ COUNTY (OR CITY) OF ............................. roast This instrument was acknowledged before me this .................... day of ................................................. by...................................................................................................................................... . My commission expires: (Seal) .................................................................... (Notary Public) COMMONWEALTH OF.�before=.' , eOt N+V4 R CITY) OF ;GC/�.lO rt........ } ss. This ' trtmient w knowls ...ry �..�•.�g!,t....aZt.d,......... �y �f...... ...�4 ........................... by / of (Name o(amm n or tn.r) a ... A.. W}3S.T.. VXRG]�NIA . CORP9RATIQN........................................... on behalf of the business or entity. My commission expires: 83� ao%D (sal) y O 1994 Saohare Syaama, Inc., St. Clad, MN Fam AO/CO-DT VA 0/5/2002 O41X 4 A. —Z 0 ONO 0 � th r' . 44-1-l/D OB PAYNE X E)' SEE /NST� o0, 0024641 LEGEND f - CENTERLINE OF PAVEMENT R/W = RIGHT OF WAY OADJOINING PROPERTY OWNER TAG REFERS TO KEY ON SHEET 2 �n CORNER MONUMENT TAG REFERS TO CORIIER DESCRIBED IN METES h BOUNDS DESCRIPTION BOUNDARY SURVEY OF THE LAND OF 250 0 250 GRAPHIC SCALE (IN FEET) NOTE SEE SHEET 2 FOR NOTES AND KEY TO ADJOINING PROPERTY OWNERS. SEE SHEETS 3 dr 4 FOR METES AND BOUNDS DESCRIPTION. THE ADAMS DEVELOPMENT GROUP, INC. STONEWALL MAGISTERIAL DISTRICT, FREDt:'RICK COUNTY, VIRGIN14 SCALE: 1" - 250' 1 DATE: APRIL 24, 2007 GREENWAY ENGINEERING, INC. 151 Windy .Pill Lane 1INNIV Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.corn r040 p,LTH 0- p f 'off� �� � RICNA* A. EDENS a No.002550 4-24--o sU V" 3949 SHEET 1 OF 4 KEY To AD&MtjG _PEQMTY OWNERS OT.M. 44—A-70 k 71 SOUTH END HOSE CO., L.C. INST No. 040019121 © T.M. 44—A-72 RICHARD D. DEMOREST INST. No. 010008086 ©T.M. 44—A-73 ELWOOD L. WHITE, ET UX INST No. 010003230 ® T.M. 44—A-75F EVANL YNN L. L. C. INST. No. 060019998 O T.M. 44—A-75B HARDY MANAGEMENT COMPANY, LLC INST No. 050027277 OT.M. 44—A-76A DEBORAH A. MULLINS DB 647 PG 310 ©T.M. 44—A-76B FLORENCE H. CONARD DB 415 PG 490 O T.M. 44—A-76C ANN H. WILDER DB 415 PG 443 OT.M. 44—A-76D EDWARD M. MAY, ET UX INST No. 050012634 NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. CURRENT OWNER OF RECORD: THE ADAMS DEVELOPMENT GROUP, INC. SEE INST No. 030015420 FOR DEED AND INST. No. 040017467 FOR PLAT. J. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN HEREON. BOUNDARY SUR�IEY OF THE LAND OF THE ADAMS DEVELOPMENT GROUP, INC. STONEWALL MAGISTERAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A I DATE: APRIL 24, 2007 GREENWAY ENGINEERING, INC, 151 Windy Hill Lane Engineers Winchester, Vt;, inia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com O CA) N O ���p,LTH OF D U0 RICHA A. EDENS y No.002550 4-L4-o7 4 1 S U RN ��O 3949 SHEET 2 OF 4 N METES AND BOUNDS DESCRIPTION The accompanying plat entitled "Boundary Survey of the land of The Adams Development Group, Inc. and dated April 24, 2007 represents a boundary survey of all of the remaining land conveyed to The Adams Development Group, Inc. by deed dated July 16, 2003 of record in the Frederick County Circuit Court Clerk's Office as Instrument No. 030015420, The grantee therein has subsequently made sundry outconveyances, all being matters of record in said Clerk's office, and the remainder of tt a original grant now consists of two parts separated by a street now known as Yardmaster Count; however, the land currently represents one tax parcel among the Frederick County Tax Assessor's records. The said land now fronts the southwest and northwest quadrants of the'intersection between Martinsburg Pike (U.S. Route 11) and Yardmaster Court (a duly dedicated public street not yet accepted for maintenance by the Virginia Department of Transportation), also lying opposite the intersection of Martinsburg Pike and Stephenson Road (Ya. Secondary Route 664), in Stonewall Magisterial District, Frederick County, Virginia. All directions described herein are given by quadrant bearings expressed in degrees (°), minutes ('), and seconds (") and all distances are expressed in feet ('). The surveyed premises is currently identified on the Frederick County Tax Assessor's Maps as Tax Parcel 44-A-75 and is more particularly described by metes and bounds as follows: Portion Lying South of Yardmaster Court Beginning at (1) a''/z" iron rebar found in the western boundary of Martinsburg Pike (U.S. Route 11) opposite the intersection with Stephenson Road (Va. Secondary Route 664) and in a line of South End Hose Co., L.C.; thence with South End Hose Co., L.C. for the following two courses: N 71044'45" W-166.18' to (2) a comer lance post; thence S 18023107" W-165.49' to (3) a corner fence post, corner to Richard D. Demorest; thence with Demorest for the following two courses: S 19055'27" W - 47.75' to (4) a %2" iron rebar found; thence S 61000'47" W - 94.54' to (5) a V iron rebar found, corner to Elwood L. White, et ux; thence with White for the following three courses: S 60041'27" W - 40.60' to (6) a'/2" iron rebar found; thence S 66045'27" W - 73.30' to (7) a %2" iron rebar found; thence S 74037'25" W - 524.70' to (8) a ''/z" iron rebar found in a line of O.L. Payne, et ux; thence with Payne N 63005'13" W - 640.91' to (9) a'/2" iron rebar found, corner to JRE Winchester, LLC; thence with JRE Winchester, LLC N 43028'26" E - 700.67' to (10) a '/2" iron rebar found in the southern boundary of Yardmaster Court; thence with said road boundary for the following eight courses:: S 62°56'54" E - 24.97' to (11) a'/z" iron re'5ar & cap set at the point of curvature of a curve to the left; thence 260.59' along the arc of said curve, having a radius of 275.00' and a chord bearing N 89°54'17" E for a distance of 250.951, t", (12) a'/2" iron rebar & cap set at the point of tangency; thence N 62045'27" E-135.31' to (13) a'/z" iron. Debar & cap set at the point of curvature of a curve to the right; thence (Continued on sheet 4) File 3949 Sheet 3 of 4 181.14' along the arc of said curve, having a radius of 225.00' and a chord bearing N 85149'15" E for a distance of 176.29', to (14) a %2" iron rebar & cap set at the point of tangency; thence S 71006'58" E - 274.34' to (15) a''/2" iron rebar & cap set; thence S 66032'32" E-150.48' to (16) a %2" iron rebar & cap set; thence S 71006'58" E-129.41' to (17) a %2" iron rebar & cap set; thence S 25021'37" E - 50.15' to (18) a'/2" iron rebar & cap set on curve in the western boundary of Martinsburg Pike (U.S. Route 11); thence 264.24' along the arc of a curve to the rief. (being nontangent to the preceding course), having a radius of 2,764.79' and a chord 'nearing S 23°08'00" W for a distance of 264.141, to (1) the beginning. Containing........................................................................................ ........ 19.4192 Acres. Portion Lying North of Yardmaster Court Beginning at (19) a'.%" iron rebar found in the western boundary of Martinsburg Pike (U.S. Route 11) at its intersection with the northern boundary of Yardmaster Court; thence with the northern boundary of Yardmaster Court for the following four courses: S 63050'17" W - 49.54' to (20) a `/2" iron rebar found; thence N 71006'58" W - 554.61' to (21) a %2" iron. rebar found at the point of curvature of a curve to the left; thence 221.39' along the arc of said curve, having a radius of 275.00' and a chord bearing S 85049'15" W for a distance of 215.461, to (22) a''/2" iron rebar found at the point of tangency; thence S 62045'27" W - 53.31' to (23) a '/2" iron rebar found, corner to Evanlynn L.L.C.; thence with Evanlynn L.G.C. N 10021'35" W - 510.07' to (24) a ''/2" irot. i ebar found, a corner common to Hardy Management Company, LLC and Deborah A. Mullins; thence with Mullins, then Florence H. Conard, then Ann H. Wilder and then Edward M. May, et ux S 75057'36" E-1,077.21' to (25) a %2" iron rebar found in the western boundary of Martinsburg Pike (U.S. Route 11); thence with said road boundary S 18047'31" W - 378.13' to (19) the beginning. Containing.................................................................................................. 8.6863 Acres. Containing a Total Area in Aggregate of 28.1055 Acres. .660 Surveyed ............... April 24, 2007. �Q.LTH 0fi1k' o� � x RICKAfD A. EDENS 9 No.002550 �l 4 -Z4 -07 File 3949 Sheet 4 of 4 . • i I, Richard A, Edens, LS, on this the 19`h day of April, 2007 do herby certify that the plat entitled "Boundary Survey of the Land of Adams Development Group, Inc." and description attachf•d hereto is a true copy of a boundary survey made by me on March 22, 2007, being a portion of the land conveyed to Adams Development Group, Inc. by deed dated November 25, 2003 recorded a� Instrument No. 030027076. The said land lies in the Town of Midd!etown, Back Creek Magisterial District, Frederick County, Virginia ✓S=-� (SEAL) Land Surveyor COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK, TO WIT: I, J , a Notary Public in and for the Commonwealth of Virginia and County of Frederick, do hereby certify that this day personally appeared before me TT(�adkE/.1IS , whose name is signed to the foregoing instrument dated _d day of , 2W Given under my heiid this � day of " , 200// `\���%Jl1ljrlj�/ My commission expires O - � I//����1111111���\`• i E. wm I �Orwyaj/_t. COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: February 10, 2009 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for Rezoning #15-08 for Adams commercial Center. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd - "t al Pq The Adams Development Group 156 Big Drive Cross Junction, VA 22625 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 3112 — RECEIVED FROM l DATE 1`5 U 0700 payment ADDRESS 5c� l 7 a .. 10,050.00 i J . i in .� 10,050.00 FOR RENT n r DOLLARS $j 0 ();O, � JFOR ACCOUNT HOW AMT. OF PAID ACCOUNT AMT. PAID ± CHECK BALANCE MONEY DUE ORDER "} BY Marathon Bank 10,050.00 n S •�aa S'uc�i � • idd � • zeV'i a �s'o3 700061 12116. LJT/ `y Paid 64.3. Interes� $ 50.00 $ .00 Pd b PL *Amount Paid S BA.00 LANCE DUE INCLUDE/1 /08 Balance pu 50.00 e $ NALTY/INTEREST THRU THE 1p15 00 MONTH 1.60 # V 1212008 ARIOUS i • 0 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Adams Development Group Proffer Statement and Exhibits File No: 3949 Date January 19, 2009 To: FC Planning From: Evan Wyatt Attn: Candice Perkins _ GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ® As You Requested ❑ Please Comment Message: Hi Candice, Please find attached the revised proffer statement that has been signed and notarized to reflect the information discussed during the Planning Commission meeting. Please let me know if you need any additional information for the January 28`h Board of Supervisors meeting. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Time: Please Print Name: 0 2009 • i GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 191-1 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Adams Commercial Center Rezoning Application File No: 3949 Date December 11, 2008 To: FC Planning From: Evan Wyatt Attn: Candice Perkins GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 D EC 1 1 2008 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Candice, Please find attached the required information for the Adams Commercial Center Conditional Zoning Amendment, including 70 copies of all exhibits. Please schedule this application for the January 7, 2009 Planning Commission Agenda and contact me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Time: Please Print Name: GREENWAY ENGINEERING 151 Windy Hill Lane Founded in !9 ; Winchester, Virginia 22602 TRANS MIT TAL Project Name: Adams Commercial Center Conditional Zoning Amendment File No: 3949 Date October 21, 2008 To: FC Planning From: Evan Wyatt Attn: Candice Perkins GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Candice, Please find enclosed a copy of the revised proffer statement and proffer exhibits based on your previous comment letter dated September 11, 2008 and from our meeting on September 25, 2008. I have also attached a copy of the comment response letter to the County Attorney for your information. Please review this information and advise me if you need anything else at this time, or contact me when your comments area available and we will pick them up. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Time: Please Print Name: Rezoning Comments pp LIM-:a^....t...e �C#.... e...`� .....w.0 ........�..f .w��. �x...e.. �,.w,ai¢ x...o.. f�Z` .......w .,,.,wk..,...o e......twxw"kL�ea.,..~..a�.�w..�...........ws.,....,..0 Frederick County Department of Planning and Development Mail to: Department of Planning and Development Attn: County Planner 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5651 Hand deliver to: 107 North Kent Street Fourth Floor Winchester, Virginia (540) 665-5651 Applicant: Please fill out the informationasaccuiately as possible,in order to assist the Planning Depaitment with theireview. Attach, a copy of your application form; location map, proffer„ statement, impact analysis, 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: Fronting on the west side of Martinsburg Pike (US Route 11), opposite the intersection with Stephenson Road (Route 664) Current zoning: B3 with proffers Zoning requested: B3 with modified proffers Acreage: 28.10± Planning Department Comments: Superintendent's Signature & Dates Notice to Planning Department — Please Return This Form to the Applicant S � �t J 1�yyJ M J 14C®Y of F'REDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 11, 2008 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning of the Adams Property Property Identification Number (PIN): 44-A-75 Dear Evan: I have had the opportunity to review the draft rezoning application for the Adams Property. This application seeks to rezone 28.10 acres of land from the B3 (Industrial Transition) District with proffers to the B3 District with revised proffers. Staffs review comments are listed below for your consideration. 1. Martinsburg Pike Improvements. As indicated in the Frederick County Eastern Road Plan, Martinsburg Pike is identified as an improved minor arterial road (U41)). With this rezoning application, the applicant should be constructing the additional lane along the frontage of the site. 2. Proffer B.I. Proffer B appears to be placing an impact on parcels 44-A-7513, C, D, E and F. The original proffer stated that the entire site was limited to 4,603VPD, and the revised proffer states that the remainder of 44-A-75 is limited to 3,607VPD. The last sentence of this proffer states that the 3,607VPD may be reduced if additional development occurs on the remainder of the site. This proffer does not account for the opposite situation where if 44-A-75 utilizes all of the 3,607VPD the parcels B-E will not be able to expand. If parcel 44-A-75 utilizes all of the 3,607VPD, parcel E, which is currently vacant, would not be able to develop at all. 3. Proffer B.2. The original proffer was very restrictive in regards to uses, as it limited the site to only five types of uses. The new proffer allows for all uses except what is listed in proffer B.2, which allows for many other uses. The applicant should also look at restricting restaurant uses on the site. 4. Proffer D. It appears that proffer D can be removed from the revised proffer statement as it does not apply to PIN 44-A-75. 5. Proffer G. It appears that proffer G should have the same timing as proffer C.5. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Page 2 Mr. Evan Wyatt RE: Proposed Rezoning of The Adams Property September 11, 2008 Proffer I. The total potential monetary contribution needs to be modified since parcels B-E are not part of this application. Proffer G. It appears that the corridor appearance proffer could be modified to create a staggered buffer. Please refer to previously approved buffers proffered with Rutherford Crossing or Easy Living. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, the local Fire and Rescue Company and the Frederick -Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. Fees. The fee for this application includes a $5,000.00 base fee plus $200.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of April 28, 2008. Fees may change. All of the above comments and reviewing agency comments before staff can accept this rezoning application. Please feel regarding this application. Candice E. Perkins, AICP should be appropriately addressed free to contact me with questions Adams Development Group, Inc., HC 34 Box 30, Bloomery, COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us September 10, 2008 VIA FACSIMILE — (540) 722-9528 — AND REGULAR MAIL Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Application, Parcel Number 44-A-75 Adams Commercial Center Dear Mr. Wyatt: I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following (all references herein are to the Proffer Statement, unless otherwise indicated): 1. The response to item 11 of the Application, for square footage of proposed uses, refers to proffer B 1 "for structural limitations". Proffer B 1 does not contain any structural limitations nor does it appear that the Proffer Statement elsewhere does so. 2. Under "Preliminary Matters", the second paragraph refers to an attached boundary survey plat, but the Proffer Statement does not include such a plat. 3. Proffer A refers to the Generalized Development Plan and the GDP is attached, but Proffer A does not actually indicate that the GDP is attached. Also, the GDP indicates that its scale is "NTS" (assumed to mean "not to scale"), but it appears to be to scale and should state a scale. 4. In Proffer B1, the phrase "a maximum of 3,607 VPD to be determined during Site Plan approval" is unclear, in particular regarding whatever would be being determined during Site Plan approval. The entire sentence may read more clearly as: "The Applicant hereby proffers to restrict development of the 28.10± acre property to an amount to be determined during Site Plan approval, not to exceed a maximum of 3,607 VPD." In addition, however, Proffer B 1 does not address how any subsequent reductions in the 107 North Kent Street • Winchester, Virginia 22601 Mr. Evan Wyatt, AICI • September 10, 2008 Page 2 maximum, owing to development on the other parcels subject to Rezoning Number 02- 05, would be enforceable against uses that may by then be existing on Parcel Number 44- A-75. How would priority to allocate the overall maximum of 4,603 VPD, collectively applicable to the parcels subject to Rezoning Number 02-05, be established? 5. In Proffer B2, two of the uses to be prohibited may read more clearly with references to SIC codes included, to address the following questions: a. Does "membership organizations" mean all SIC code 86 uses or just SIC code 862 "professional membership organizations"? b. Is "motor freight transportation" limited to just, for instance, SIC code 4212 and is the intent not to exclude warehousing activities from the limitation? 6. Proffer C 1 should clarify if the condition would also require Parcel Number 44-A- 75 to provide direct access to Route 11 to the other parcels subject to Rezoning Number 02-05 and, if so, to which of those parcels. 7. Proffers C2, C3, and C4 should state dates on which the obligations are to be performed or events to which performance of the obligations are to be tied. 8. Proffer C5 should clarify what performing the obligation "in conjunction with approval of the first site plan" means. Does this mean prior to approval being given or within a certain specific time period after approval is given? 9. Under Proffer D, the Applicant would ensure the continuation of a condition and/or create a condition on a parcel that it does not own. The Proffer should identify the source of the Applicant's legal rights, and provide a copy of any relevant land records, by which the Applicant can comply with the Proffer. 10. To prevent any ambiguity, Proffers E and F should identify, by parcel numbers, the adjoining properties as to which the Applicant would provide the buffering. 11. Proffer H indicates that each site plan will identify the party responsible for maintaining BMP facilities. The Proffer is unclear, however, as to whether the Applicant or any successor owner of Parcel Number 44-A-75 will remain bound with respect to BMP facilities maintenance. 12. Proffer I should clarify what it means by payment "at the time of the building occupancy permits". Does this mean payment prior to issuance of the respective permit? 13. The Application materials should include a fully executed power of attorney (if a person other than the owner is executing them or will be acting on the owner's behalf in the rezoning process) and any other necessary attachments. Mr. Evan Wyatt, AICO • September 10, 2008 Page 3 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sincerely yours, Roderick B. Williams County Attorney cc: Ms. Candice E. Perkins, AICP, Senior Planner, County of Frederick �rp1�20G3 �L(IIn ERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 s _ �' , Ott MEMORANDUM 3.�. TO: Roderick B. Williams, County Attorney FROM: Candice E. Perkins, AICP, Senior Planner tiQR RE: Rezoning Application Proffer Statement DATE: August 20, 2008 Please find attached to this memorandum the proffer statement for the Adams Commercial Center Rezoning. We would appreciate your review of the Proffer Statement. Thank you for your assistance. cc: John R. Riley, Jr., County Administrator Attaclunent CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • COUNTY of FREDERICK Department oi' Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 29, 2009 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #15-08, ADAMS COMMERCIAL CENTER Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of January 28, 2009. The above -referenced application was approved to revise proffers association with Rezoning 402-05 for 29.10 acres of land zoned B3 (Industrial Transition) District. This revision is intended to remove the previously proffered uses on the site. The property fronts on the west side of Martinsburg Pike (Route I 1 North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified with Property Identification Number 44-A-75. The proffer originally dated April 17, 2008, and last revised on January 8, 2009, 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, Candice E. Perkins, AICP Senior Planner CEP/bad Attachment cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Richard Ruckman, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Hobert Adams, HC 34 Box 30, Bloomery, WV 26817 107 North Kent Street, Suite 202 • Winchester, Virginia 2260I-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 F E 3 3 2009 Zc '% 1 C4 15 •Q1�j J.P.P! 14A, k Mailed from 22601 US POSTAGE UTF Robert Adams HC: 34.13ox 30 8!no.n(,iy, WV 26817 41XIE= 2So CC 1 79 01/ 11/t71 RETURN TO SENDER NOT DCL_IVERABL_E AS ADDRESSI-ED UNABL_EE TO FORWARD E3C : 22801 S OO'DO7 * 0292 - 2000E-3 -- 2<.) J % �� �, ,.:- : - >�: ,. r.:= _ COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF P UBL,IC HEARING January 14, 2009 TO: THE APPLICANT(S) AND/OR A-DJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 415-08 FOR ADAMS COTINIMERCIAL CENTER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing boing held on Wednesday, January 28, 2009, at 7:15 p.m. in tije Board Room of the Frederick Count; Administration Building at 107 North Kent Street, Winchester, Virginia to consider the foilowing application: Rezoning, #15-08 of Adams Comme: cis x Center, submitted ,:}' Greenway Engineering, to .verse proffers associated with Rezoning #02-05 for 28.10 acres ofland zoned l33 i"hadushial Trainsioo;n). This revision is intended to rernove the previously proffered uses or thy✓ site. The property is located north of tb.z City of Winchester, fronting on the vest side of i a!!!.ris'burg Pike (Route ii), opposite the intersection with Stephenson Road (Route 664) in the. Stonewall Magiv-ceriat District, and is identified by Property Identification Number 44.A-75. Any interested parties having questions or wishing to speak may at end the public Bearing. A copy the applications will be available for review at the Handley .Lib-:i ary an.d. the Bovvnian. T,ibr6ry the wee.'K of the meeting, 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 till web at: www.co,frederick.va.us. . Sincerely, Candice E. Perkins, AICT Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Ll • This is to certify that the attached correspondence was mailed to the following on mO� from the Department of Planning and Development, Frederick Coun y,Virginia: 44 - A- - 75- THE ADAMS DEVELOPMENT GROUP INC 156 BIG TIMBER DR CROSS JUNCTION VA 22625 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 44 - 1- - D- PAYNE 0 L & RUTH B PO BOX 160 STEPHENSON VA 22656.0160 44 - A- - 64- EMMANUEL UNITED METHODIST 2732 MARTINSBURG PIKE STEPHENSON VA 22656.1712 44 - A- - 70- SOUTH END HOSE CO LC PO BOX 213 WINCHESTERVA 44 - A- - 72- DEMOREST RICHARD D PO BOX 233 CLEARBROOK VA 22604.0213 44 - A- - 73- WHITE ELWOOD L 2695 MARTINSBURG PIKE 22656.1745 STEPHENSON VA 44 - A- - 75-B SPIRIT SPE PORTFOLIO 2007.2 LLC CIO 84 LUMBER COMPANY 1019 ROUTE 519-TAX DEPT BLDG 4 EIGHTY FOUR PA 15330-2813 44 -A- - 75-E JRE WINCHESTER LLC 11047LEADBETTER RD ASHLAND VA 23005.3408 44 - A- - 75-F EVANLYNN LLC 134 WINDY HILL LN # W2.1 WINCHESTER VA 22602.4381 44 -A- - 76-A MULLINS DEBORAH A PO BOX 243 STEPHENSON VA 22656.0243 22624.0233 Candice E. Perkins, enior Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Senior Planner fo the Department of Planning and Development, whose name is signed to the foregoing, dated 1'1 I M , has personally appeared before me and acknowledged the same in my State and County aforesaid. tl� Given under my hand this day of CgQ,,,,, 2-k3y I r My commission expires on �� C �r��� u, �) 2--0 l To—��a)o :5 31� NOTARY PUBLIC 44 -A CONARD FLORLORENCE H CIO FLORENCE SHUSTER PO BOX 202 STEPHENSON VA 22656.0202 44 - A- - 76-C WILDER ANN H PO BOX 251 STEPHENSON VA 22656.0251 44 - A- - 76-D MAY EDWARD M MAY JUANITA A 2851 MARTINSBURG PIKE STEPHENSON VA 22656-1721 44 - A- - 89- APAC-VIRGINIA INC CIO W-L CONSTRUCTION & PAVING PO BOX 339 STEPHENSON VA 22656.0339 44 - A- - 89-A FRANKLIN L F & SONS INC CIO W-L CONSTRUCTION & PAVING PO BOX 339 STEPHENSON VA 22656.0339 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC NEARING December 23, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPER T Y OW INER(S) RE: REZONING APPLICATION #15-08 FOR ADAMS COMMERCIAL CENTER. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 7, 2009, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #15-08 of Adams Commercial Center, submitted by Greenway Engineering, to revise proffers associated with Rezoning #02-05 for 28.10 ages of land zoned B3 (Industrial Transition). This revision is intended to remove the previously proffered uses on the site. The property is located nort'. of the City of Winchester, fronting on the west side of Martinsburg Pike (Route 11). opposite the intersection with Stephenson Road (Route 664) in the Stonewall Magisterial District, and i.s identified by Property Identification Number 44.A.-*75. Any interested parties having questions or wishing to speak may attend -the pub'.ic hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located �-.A 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: Www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 This is to certify that her/attached correspondence was Mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 44 - A- - 73- 44 - A- - 75- WHITE ELWOOD L THE ADAMS DEVELOPMENT GROUP INC 156 BIG TIMBER DR 2695 MARTINSBURG PIKE CROSS JUNCTION VA 22625 STEPHENSON VA 22656.1745 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 44 - 1- - D- PAYNE 0 L & RUTH B PO BOX 160 STEPHENSON VA 22656.0160 44 - A- - 64- EMMANUEL UNITED METHODIST 2732 MARTINSBURG PIKE STEPHENSON VA 22656.1712 44 - A- - 70- SOUTH END HOSE CO LC PO BOX 213 WINCHESTER VA 44 - A- - 72- DEMOREST RICHARD D PO BOX 233 CLEARBROOK VA STATE OF VIRGINIA 22604.0213 22624.0233 COUNTY OF FREDERICK 44 - A- - 75-B SPIRIT SPE PORTFOLIO 2007.2 LLC CIO 84 LUMBER COMPANY 1019 ROUTE 519-TAX DEPT BLDG 4 EIGHTY FOUR PA 15330.2813 44 -A- - 75-E JRE WINCHESTER LLC 11047 LEADBETTER RD ASHLAND VA 23005-3408 44 -A- - 75-F EVANLYNN LLC 134 WINDY HILL LN # W2.1 WINCHESTER VA 22602.4381 44 -A- - 76-A MULLINS DEBORAH A PO BOX 243 STEPHENSON VA 22656.0243 Candice E. Perkins, Senior Planner Frederick County Planning Dept. I, _ , a Notary Public in and for the State and County aforesaid, d h reby certify that Car ice E. Perkins, Senior Planner fo the Dep rtment of Plar1has 'ng and Development, whose name is signed to the foregoing, dated �i,���� �0�] personally appeared before me and acknowledged ktha1,,,e'i,,in,.,myState and County aforesaid. Given under my hand thisa�-�t�-slay ofOOQ My commission expires on NEbr LYH DE NID GE IVNO oARY PUBLic MYM Cp MONWEAL7H OF VIRGINIA MISSION EXPIRES JULY31, 2011 NOTARY PUBRIC U�r��fv 44 - A- - 7R-R 0 0 CONARD FLORENCE H CIO FLORENCE SHUSTER PO BOX 202 STEPHENSON VA 22656.0202 44 - A- - 76-C WILDER ANN H PO BOX 251 STEPHENSON VA 22.656.0251 44 - A- - 76-D MAY EDWARD M MAY JUANITA A 2851 MARTINSBURG PIKE STEPHENSON VA 22656.1721 44 - A- - 89- APAC-VIRGINIA INC CIO W-L CONSTRUCTION & PAVING PO BOX 339 STEPHENSON VA 22656.0339 44 - A- - 89-A FRANKLIN L F & SONS INC CIO W-L CONSTRUCTION & PAVING PO BOX 339 STEPHENSON VA 22656.0339 U ell Adams Development Group Property, Yardmaster Court P / n I -4/1- WC ' Adjoining Property Owners Listing Tax Map Number Owner Maillin Address City& 44 1 D PAYNE 0. L. & RUTH B. PO BOX 160 STEPHI 44 A 64 ✓ EMMANUEL UNITED METHODIST 2732 MARTINSBURG PIKE STEPHI 44 A 70 / SOUTH END HOSE CO LC PO BOX 213 WINCH 44 A 72 % DEMOREST RICHARD D PO BOX 233 CLEAR[ R 44 A 73 / WHITE ELWOOD L & BETTY L 2695 MARTINSBURG PIKE STEPHI 4 A 75B SPIRIT SPE PORTFOLIO 2007-2 LLC C/O 84 LUMBER COMPANY 1019 ROUTE 519 ATTN TAX DEPARTMENT BLDG 4 EIGHT`r 44 A 75E ✓ JRE WINCHESTER LLC 11047 LEADBETTER RD ASHLAI 44 A 75F V EVANLYNN LLC 134 WINDY HILL LN # W2-1 WINCH 44 A 76A MULLINS DEBORAH A. PO BOX 243 FPHI 44 A 76B CONARD FLORENCE H. C/O FLORENCE SHUSTER PO BOX 202 JWPHI 44 A 76C i✓ WILDER ANN H. PO BOX 251 STEPHI 44 A 76D ✓ MAY EDWARD M MAY JUANITA A 2851 MARTINSBURG PIKE STEPHI 44 A 89 APAC-VIRGINIA INC C/O W-L CONSTRUCTION & PAVING PO BOX 339 STEPHI 44 A 89A FRANKLIN L F & SONS INC C/O W-L CONSTRUCTION & PAVING PO BOX 339 ISTEPHI a TO-.BARBARA-DATA PROCESSING FROM-BEV - Planning Dept. Please pr'nt sets of la w S REQUESTING AGENT: DEPT. OF GEOGRAPFIIC INFOI2MA'TIOlY SYSTEMS j FREDERICK COUNTY, V RGI,NIA GIS, MAPI'ING, GR-A- MCS WORKQUEST DATE RECEIVED: 0Aa O d REQUESTED COMPLETION DATE: 4- Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF EQTJES 1: FAX: lRF-Z01'f DIGITAL: PAPER:_ ---- SIZES: COLOR: BLACK/WMTE: 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 NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) MA .,kF-Z- -:::� / �) - 116 Adams Development Group Property, Yardmaster Court P I A l 4- Adjoining Property Owners Listing Tax Map Number Owner PAYNE O. L. & RUTH B. EMMANUEL UNITED METHODIST SOUTH END HOSE CO LC Mai BAddress BOX 160 PO BO 2732 PO BOX 213 MARTINSBURG PIKE PO STEPH STEPH CLEAR CLEAR 44 1 D 44 A 64 44 A 70 44 A 72 DEMOREST RICHARD D L PO BOX 233 2695 MARTINSBURG PIKE STEPH 44 A 73 WHITE ELWOOD L & BETTY SPIRIT SPE PORTFOLIO 2007-2 LLC C/O 84 LUMBER COMPANY 1019 ROUTE 519 ATTN TAX DEPARTMENT BLDG 4 EIGHT' 44 A 75B JRE WINCHESTER LLC EVANLYNN LLC MULLINS DEBORAH A. CONARD FLORENCE H. WILDER ANN H. MAY EDWARD M C/O FLORENCE SHUSTER MAY JUANITA A 11047 LEADBETTER RD 134 WINDY HILL LN # W2-1 PO BOX 243 RIFEPH PO BOX 2 PO BOX 251 2851 MARTINSBURG PIKE ASHLA WINCI- TEPH STEPH STEPH 44 A 75E 44 A 75F 44 A 76A 44 A 76B 44 A 76C 44 A 76D APAC-VIRGINIA INC C/O W-L CONSTRUCTION & PAVING PO BOX 339 STEPH ' 44 A 89 FRANKLIN L F & SONS INC C/O W-L CONSTRUCTION & PAVING PO BOX 339 STEPI-' 44 A 89A TO:BARBARA-DATA PROCESSING FROM -.BED - Planning Dept. Please print sets of la - j� ©� HA r-1 u 74 - u - el -Izpmw age 7vt. rw -A I re ol 22. 2009 �.'Alo —M ,�A ,10-c2cTr" 0 I � rl Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WO ULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Z Candice I 1 I C Mark Dana Eric Mike John Amber COMMENTS: 0 Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd