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HomeMy WebLinkAbout005-07 Admiral Byrd Center - 11.4 Acres M1 to B2 - Shawnee - BackfileDATE NO.. RECEIVED FROM ADDRESS -'�) ()J ❑ FOR RENT JFOR \'2 4 C-Ty, k, I'd AMT CASH ACCOUNT AMT. PAID 7 CHECK BALANCE MONEY DUE ORDER BY A-, DOLLARS $ REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List DATE Fee & Sign Deposit Deed Plat/Survey Taxes Paid Statement I---- Impact Model Run _ 5/0-1Application received/file opened h'16 % Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing 7 d % Color location maps ordered from Mapping 510-7 la- _ File given to office manager to update Application Action Summary PC public hearing date ACTION: _ Q� )A Q ' BOS public hearing date ACTION: Q, �A 4 V Signed copy of resolution for amendment of ordinance, with conditions proffered [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) 81 /1� O _ Action letter mailed to applicant O_ Reference manual and D-base updated Q� File given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map �CJ9 Zoning map amended U TevTommon\Tracking shects\RHZ_tracking wpd Revised. 05/09/02 I August 28, 2007 Mr. Tim Stowe Stowe Engineering, PLC 220 Serviceberiy Ct. Stephens City, VA 22655 RE: REZONING #05-07, ADMIRAL BYRD CENTER Dear Tim: N Y of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of August 22, 2007. The above -referenced application was approved to rezone 11.4 acres from M1 (Light Industrial) District to B2 (General Business) District, with proffers. The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building, in the Shawnee Magisterial District, and is identified with Property Identification Numbe 5�401: --,) The proffer, revised August 6, 2007, which 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, Michael T. Ruddy Deputy Planning Director MRT/bad Attachment cc: Gene Fisher, Shawnee District Supervisor June Wilmot and Robert Morris, Shawnee District P1amling Commissioners Jane Anderson, Real Estate Commissioner of Revenue Michael J. Bermel, 10550 Marbury Rd., Oakton, VA 22124 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 REZONING APPLICATION #05-07 ADMIRAL BYRD CENTER Staff Report for the Board of Supervisors Prepared: August 8, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 06/06/07 Tabled to 08/01/07 08/01/07 Recommended Approval Board of Supervisors: 08/22/07 Pending PROPOSAL: To rezone 11.4 acres from M1 (Light Industrial) District to B2 (General Business) District, with proffers. LOCATION: The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS 60-A-40I> PROPERTY ZONING: M 1 (Light Industrial) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) District South: M1 (Light Industrial) District East: M1 (Light Industrial) District West: M1 (Light Industrial) District Use: Winchester Regional Airport Use: Industrial Use: Industrial Use: Industrial PROPOSED USES: Commercial and Industrial Uses. •(juvo!jddV aqj rfq passodppv (fj!dojov sjjvs sjuawwoD) IiouollW qog 'JW MOJJ LOOZ `£Z XeW paTL'p 131131 pOITOPTIP aas OsUaid auaollV Ajunoa 131.15paa3 •ino-pllnq uodn uoijuIndod ioogos oqj o} to-edWT ou oq Illm ongj 12?umozoa all jo p-ed oq Illm slTun I-ellUOPIsaa ou s01-els JBu} papTnoad uoilUaTojui oqj uo posug :sloogaS ailgnd AjunoD 3laiaapaad •upId alTs QgJJO MOIA0a uodn pOluls oq Illm osBgd juautdoianap Otil 2uTanp sluoLuounbaa I -mods Xuu puv PodaTV ivuoT2?02I aOlsNMIAT oT41 jo suoTleaado ssouisnq }oudutT jou pinoiis �?uiuoz Zg aapun sasn pomolIV •sasn poilgll load aapun osn jo odXj 1-all opniouT of uoTILIaapTsuoo OnTO lueoTiddu oqj }sonbaa Xiippoodsaa am •smilljo-e3 aaeD PllgD-X'3Q XuL, aoi jdooxo suoil-aado acodaTe u11m OigTl-edwoo ponpTsuoo oq pinom Ouiuoz Zg L, of aOluoD pang i-eaTutpV aoj Isonbaa 2?uiuozaa posodoad oiq L :po a V Ituo1 a-d aajsagau► , -Xip2ajui sil }soi oAuq of powoop uaaq sal 11 `yam silil uT luauTdoianap oqj of anp `aanannOq `.aajsauouTrn Jo aiJjvg pu000S aril jo von, Xpnjs aril uigl!m paluooi �Nioq st, 4mdwd sull sOIJIIUOpT XaiiBA 11-BopuUu0TJS OT uT SQIIS a�M iTAT� jo �pn�S aoTnaaS )iaed IBUOTT13N OLIT JUgJ paJou sUnn 1I 'XITuto?n QLJJ uT SJOUIsTp opolsiq aiq!ssod XuL, ongj are aou soTpodwd all uo paluooi saanjonais OTaoIsTLI JUPOIJTuOTs ou aae aaaiij `Xan.mS s)iai3uipue-I iu.mZl oqj of 2?uipa000V • gV-dH aLil Xq uoTIno?iddt 23upozaa alij jo MOTnaa Ituiaoj v ainpauos of faess000u jou sT 11 pur sooanosaa otaolsiLl joleduTi Xilu-eoTjlu2is iou coop i-esodoad oT411L,ul saL,addL,lI :pauoff Al osinpV saaanosaa 31.1Oj W17H quoututoo ON :uoljuaaaag 78 S31lud Jo IuauilIL aQ quoLuoluls aannas pug aolum atp ujTm anouoo I :juauilauaQ MIioxljnV uotjujiutS •sluauiuioo ON 1.1011lnV aainaaS aa�sazlaui�-�laiaapaa •Ouuj sigj ju sjuoutu oo Xu-e axed jou op am :s3IaoAA, ailgnd JO �uaui�a� aQ •sluoucuioo ON :suoi;aa sul jo �uaut;ati aQ •sluoLumoo ON :Ilugs iuN uiA suoisniouoo s,VII anoX ujTm anouoo Om PUB (LOOZ `8Z T40-MW pasTnaa) VI.L pasTnaa anoXjo MOTnaa aq} pOIQIduioo antq am :uO'Iul io sun.i,L Jo IuautlataQ t,iui atA :SNOIJLVflrlVAa ARUM" LOOZ `8 jsn2?nV Z a�3-ed a01uOD paXg It'.11WPV — LO-0# i?uTuoza-I 16 0 0 0 Rezoning #05-07 — Admiral Byrd Center Page 3 August 8, 2007 PlanninL, & ZonintZ: 1) Site History The property was originally part of 257 acre parcel that was rezoned from A2 (Agricultural General) to M1 (Industrial limited) on September 10, 1986 (Rezoning Application #10-86 of C. Douglas Adams and Fern L. Adams). Master Development Plan #009-87 was approved for the Airport Business Center which provided for the industrial development of the property. The subdivision of this 23 acre parcel from the parent tract, Subdivision #003-96 of Airport Business Center, Section 2, was approved on June 14, 1996. Subsequently, the Master Development Plan was revised in 1999 to incorporate the Flex Tech designation to various locations throughout the Airport Business Center. The parcel for which this rezoning is being requested is zoned M-1 with a flex tech designation. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The parcel comprising this rezoning application is located within the County's Sewer and Water Service Area (SWSA). The Eastern Frederick County Long Range Land Use Plan identifies the general area surrounding this property with an Industrial Land Use Designation. This is reflective of the properties office/industrial designation within the Route 50 East Corridor Plan. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. Currently, the zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. The application of quality design standards for future development is an objective of the Plan. The property is located directly across from the Winchester — Frederick Regional Airport. Therefore, this property should be considered as a gateway site and the development of the property should be of an appropriate standard and design. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. The expectation should be to promote a high quality environment and a high performing economic use that is unique to this particular location (Please see attached letter from Patrick Barker). Rezoning 405-07 — Admiral Byrd Center Page 4 August 8, 2007 Transportation Airport Road is identified as a major collector road. There presently exists a sufficient amount of right-of-way to achieve this ultimate typical section. The Virginia Department of Transportation recently completed the Airport Road, Route 645, relocation project which realigned and improved Airport Road in the vicinity of the Admiral Byrd Center Property and east of this site. In addition, the intersection of Airport Road, Route 645, and Victory Lane, Route 728, was improved significantly with the provision of a roundabout to effectively and safely move traffic at that location. Access management, entrance locations, and inter -parcel circulation and access should be a consideration in this application. In addition, Staff has suggested the implementation of corridor appearance guidelines on the major collector road. This could be done through the thoughtful design of landscaping, signage, setbacks, building location and form, building orientation and screening of loading bays and utilities etc. Site Suitabilitv/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. The approved Master Development Plan for this property addresses the development of this site, including stormwater management. Potential Impacts A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application assumed 220,000 square feet of a variety of commercial and general office uses and a convenience store with gas pumps. The assumptions used are consistent with the worst case analysis enabled by ordinance and proffer. Using trip generation figures from the I.T.E. Trip Generation Manual, 7t" Edition, the proposed rezoning is projected to generate 6,070 average daily trips (ADT). In looking beyond the transportation improvements to the frontage of the project, the applicant considered the intersection of Airport Road, Route 645, and Route 522 and the intersection of Victory Lane, Route 728, and Route 50. The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the proposed signalization of Route 522 and Airport Road, for which the Russell 150 project has proffered the construction, and the signalization of Route 50 and Victory Lane. The applicant has proffered to participate in the signalization of this intersection. Previously, other rezonings in the vicinity of this intersection have committed to participate in its signalization. 0 0 Rezoning #05-07 — Admiral Byrd Center Page 5 August 8, 2007 Transportation Program. In addition to the participation in the signalization of the Route 50 and Victory Lane Intersection, the applicant has proffered to construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway which will generally consist of an additional lane on the south side of Airport Road adjacent to the property. The applicant states that walkways and sidewalks will be incorporated into the site to facilitate pedestrian movements internal and external to the property. This pedestrian circulation should be further clarified to ensure that sidewalks will be provided, at a minimum, adjacent to all of the public streets. B. Sewer and Water The FCSA has an eight inch sewer force main traversing the property to which the Applicants will connect. This commercial development is expected to generate a total of 37,910 gpd of wastewater which will be conveyed to the Parkins Mill Wastewater Treatment Facility. The FCSA has an eight inch water main that encircles the property. This development is expected to generate 1000 gallons/day/acre for a total of 56,850 gpd. The FCSA has stated that they have the water and sewer capacity to service this site and that they concur with the water and sewer analysis. C. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application does address the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. 5) Proffer Statement — Dated April 30, 2007 (Revised July 8, 2007 and August 6, 2007) A) Generalized Development Plan The Generalized Development Plan is the tool that the applicant could use to clarify any commitments made as part of the rezoning application. The Generalized Development Plan should be general in nature but address key elements of the development of the site. In general, there may be an opportunity to revisit the GDP and provide for a design and layout which provides for an enhanced design and development. Presently, the GDP offers little detail or definition to provide guidance in the scope of the landscaping, sidewalks, signage, or building form and layout, that are proposed to exceed existing ordinance requirements. The revised GDP clarifies the location of the three proposed entrances and provides more detail regarding the proffered landscaping along Airport Road. The GDP provides for general building locations and further states that primary parking areas are behind and beside buildings. • 0 Rezoning #05-07 — Admiral Byrd Center Page 6 August 8, 2007 B) Land Use The Applicant has proffered a variety of construction materials which may be used in the development of this property. Such a broad range provides little clarity or guidance on the construction materials, layout, and design of the buildings that may be constructed. As stated previously, this site represents a prime economic development location. The expectation should be to promote a high quality environment and a high performing economic use that is unique to this particular location. The revised Proffer Statement includes a new section that organizes the proffered design standards. New site design elements include; a proffer stating that any canopies or drive through areas will not front on Airport Road, a requirement that no more than 23,000 square feet of gross floor area will be utilized by a single retail entity, that retail uses will be located on the first floor of all buildings (it should be recognized that single story buildings are permitted), and that freestanding signs shall be monument type designs and shall be limited to one sign at each entrance for the site. The Applicant has prohibited a variety of uses that would otherwise be permitted in the B2 Zoning District. In addition, the Applicant has proffered a limitation that no more than 40 percent of the gross floor area on the site will be retail uses (it should be recognized other commercial uses may be permitted). The intent of the above proffer appears to be to ensure that the primary use of this property remains somewhat consistent with the Comprehensive Plan's designation of industrial and office land uses. Staff recognizes the intent of this proffered approach. However, we continue to believe that the request as proposed does not frilly promote the Comprehensive Plan's Office and industrial designation in this location. The types of uses and the balance of uses should be evaluated and limited to ensure that the goals of the Comprehensive Plan are addressed. If it is the desire to include commercial uses on this property, they should clearly be accessory to the primary use of the property and be limited in scale. Please note that one use which has not been included in the list of prohibited uses is Day Care facilities. The comment provided by the Winchester Regional Airport specifically addresses this use on the property. C) Transportation The Application proffers the participation in the signalization of the Route 50 and Victory Lane Intersection and the construction of the remaining portions of the ultimate typical section for Airport Road which will generally consist of an additional lane on the south side of Airport Road adjacent to the property. D) Community Facilities This application addresses the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. 0 0 Rezoning #05-07 — Admiral Byrd Center Page 7 August 8, 2007 PLANNING COMMISSION SUMMARY AND ACTION OF THE 6/06/07 MEETING: The applicant's representative explained the proposal for convenient support services for employees of the businesses in the area, as well as for visitors arriving at the airport for business, pleasure, or economic development. The applicant was well aware of the concern for favorable appearance in site development and the need to make a positive first impression adjacent to the airport. Comments were received during the citizen comment portion of the hearing by an adjoining property owner who spoke and another property owner who had provided a written statement. Both property owners were supportive of the applicant's proposal to provide a commercial component within the industrial park. Commission members commented about the favorable appearance of this industrial park and the high - quality design standards used by existing industries along Airport Road; particularly, with structural appearance, monument signage, hidden parking, and berms. Commissioners wanted to make sure the appearance of this industrial park was not spoiled in any way. They expressed concern that the proposed rezoning had not identified a specific use and other, undesirable uses, had not been proffered out; for example, they did not want to see a box store, a chain hotel, a nightclub, or 10,000 square -foot pad sites. Commission members supported the applicant in his endeavor, but said they would be more comfortable if the proposed uses were somewhat narrowed down and other uses proffered out. In addition, it was suggested that the applicant show a conceptual layout, possibly with a generalized development plan. The Planning Commission tabled the rezoning application for 45 days in order to give the applicant time to make a refinement in the application, specifically by defining possible uses for the site, with the aid of conceptual drawings, revised proffers, and possibly, a generalized development plan. (Note: Commissioner Manual abstained from voting; Commissioners Thomas, Triplett, and Ours were absent from the meeting.) STAFF UPDATE FOR 08/01/07 PLANNING COMMISSION MEETING: The Applicant has provided a revised proffer statement for this project. It is the Applicant's belief that the revisions provided address the issues identified by the Planning Commission at your June 6, 2007 meeting. In general, the revisions seek to further define possible uses for the site, improve the design standards, and include a more detailed generalized development plan. A review of the changes compared to the initial application was incorporated into the above discussion on the Proffer Statement. Staff recognizes the efforts that have been made by the Applicant; however, the following conclusion remains consistent with that previously offered. • 0 Rezoning #05-07 — Admiral Byrd Center Page 8 August 8, 2007 STAFF CONCLUSIONS FOR 08/01/07 PLANNING COMMISSION MEETING: The Eastern Frederick County Long Range Land Use Plan and Route 50 East Corridor Plan identify the general area surrounding this property with an office/industrial land use designation. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. Currently, the zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. The request as submitted does not achieve this goal. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/01/07 MEETING: The staff reviewed with the Commission the applicant's revised proffer statement and revised GDP. The staff recognized the efforts made by the applicant; however, staff s conclusion remained the same as previously. Generally, the application and the proffer statement do not adequately address the issues identified in the staff s report, or the issues discussed by the Commission during their previous consideration on June 6, 2007. Referring to the revised proffer, the applicant stated that only 40% of their uses would be retail and the gross floor area of any single retail entity was limited to 23,000 square feet. The applicant expressed the importance of having convenient support services available for those that work around the airport, so those persons do not have to drive out to the Route 50/522 intersection area. The three uses identified as important to the support services concept were finance, food, and gasoline. The applicant stated that the goal was to enhance the vitality, value, and economic development of the surrounding M1 properties and to encourage additional development. The applicant expressed a desire to make a positive first impression in the appearance of the property. Commission members pointed out a reference within the proffer to outdoor advertising flags and banners; the Zoning and Subdivision Administrator confirmed those items were not permitted under the zoning ordinance. Although Commission members liked the concept of the proposal and believed it was important to provide some flexibility, other Commissioners thought the GDP was not specific enough and did not have corresponding language in the proffer statement, leaving considerable potential for other things to happen on the site. They were in favor of B2 uses that supported the surrounding M 1 properties, but not B2 uses that would draw outside traffic into the industrial park. Some of the uses that raised concern were diesel fuel sales, auto sales dealerships, movie theaters, and grocery stores. In keeping with the surrounding style of development, Commissioners envisioned a multi -use building under B2 requirements. Rezoning #05-07 — Admiral Byrd Center Page 9 August 8, 2007 There were no public comments. By a majority vote, the Planning Commission recornmended approval of the rezoning contingent on the removal of the statement referring to advertising banners and flags in the proffer language. The vote was as follows: YES (TO APPROVE): Kriz, Thomas, Wilmot, Light, Morris, Unger NO: Oates ABSTAIN: Manuel (Commissioner Molur was absent for this item; Commissioners Watt, Ours, Triplett, and Kerr were absent from the meeting.) STAFF UPDATE FOR 08/22/07 BOARD OF SUPERVISORS MEETING: Staff conclusion remains consistent with that previously offered to the Planning Commission. The Eastern Frederick County Long Range Land Use Plan and Route 50 East Corridor Plan identify the general area surrounding this property with an office/industrial land use designation. The current M1 (Light Industrial) zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. Please see attached letter from Patrick Barker, Executive Director of the Winchester -Frederick County Economic Development Commission which was provided as afollow up to the EDC Presentation at the Frederick County Planning Commission Retreat. The principle points of this letter are applicable to this request. WINCHESTER FPEDERICK COUNTY VIR INIA EDC Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 RE: Follow-up to EDC Presentation at Fred. Co. Planning Retreat March 7, 2007 I am writing to summarize the major points of my presentation at this past weekend's retreat for the Planning Commission and Board of Supervisors. This letter may provide some guidance to future land use decisions by the Planning Commission and Board of Supervisors. Limited amout of shovel -ready business (non -retail) land in Frederick County Frederick County currently has only six (6) shovel -ready" sites totaling a mere 235 acres available for prospective new businesses and current ones with plans to expand. To refresh, a "shovel -ready" site is defined as a site that is truly available with an agreed upon price, fully serviced with utilities, and has the proper zoning in place. The amount of shovel -ready sites has decreased by nearly 90% since 2000. It is clearly understood that over 1,300 acres of properly zoned M I and M2 exist in Frederick County as of December 2006. However, much of this land does not meet one or more of the definitions of being "shovel -ready." This dramatic drop in shovel -ready business (non -retail) sites has crippled Frederick County's attractiveness and competitiveness for several recent economic development projects. The most notable examples were an advanced aerospace manufacturer with plans to invest over $120 million and create 200 jobs and a bio-pharmaceutical manufacturer with plans to invest from $400 to 700 million and create 400 jobs. Even if Frederick County had such shovel - ready business (non -retail) sites for these projects, the chances of successfully securing the projects were not guaranteed. However, the County could not even become part of their decision process due to the absence of shovel -ready business (non -retail) sites. To summarize, the combination of these facts; low inventory of "shovel -ready" sites and missed economic development opportunities, highlights a need to preserve most of the remaining business (non -retail) sites. Particular concern should exist for those sites meeting all of the definitions of "shovel -ready" and those meeting all criteria but lacking an asking price. The EDC recommends that, only in the most extreme situations, should any shovel - ready site or one meeting all criteria but lacking an asking price be rezoned to another land use designation. Your Move. Our Commitment. 45 East Boscavven Street A. Winchester VA 2'601 & 540-665-0973 ♦ Fax 540-7 2 2-004 Ad. wwv4wwinwa.com • 0 Page 2 Follow-up to EDC Presentation at Fred. Co. Planning Retreat In addition, a mechanism to enlarge the inventory of "shovel -ready" sites promptly with strict attention to ensuring a quality project for the community, should be explored immediately. The County only possesses a few remaining areas that have the potential to become prime business (non -retail) areas. Without County action, the fate of these lands is in doubt and once developed for a use other than business (non -retail), they are lost forever. Most of the prime non -zoned developmental lands (i.e. relatively flat, close to interchanges/major roadways and utilities in close proximity) should be preserved for business (non -retail) uses. The "rougher" lands should be left for retail and residential uses. Ensure that zoning ordinances can accommodate targeted business sectors As stated in my presentation, through a very thorough third party process, the EDC has identified targeted business sectors that will aid in moving the community forward economically. Each of these business sectors offer above average wages, have a positive long- term growth forecast, and are environmentally friendly. Based on a cursory review of the County zoning ordinance, most of the EDC targeted business sectors are permitted by -right within the M- I zoning district. Some targeted sectors are also permitted by -right within the B-2 zoning district. The below table represents the zoning district that can accommodate each targeted business sector. Main Target Zoning Sector Specific Business within Sector District CRM call centers MI/B2 IT service centers M I /B2 Business Services Regional headquarters M I/B2 Shared services centers MI/B2 Data Centers M 1 /B2 Software Design M I /B2 Defense / Life Sciences M I Advanced Small scale manufacturing products MI Security Business Services MI Medical Device Manufacturing M I Life Sciences Medical Supplies Distribution M I Branded Pharmaceutical Manf. M I Biotech Research Centers M I Perishable Products M I Food Processing Packaged Foods MI Processed Organic Food MI Bottled Water / Beverages MI Assembly / Medical Supplies M I Distribution Automotive Supplies M I Aerospace and Defense M I Laboratory Equipment M I Additional thought should perhaps be given to revising the business and industrial zoning ordinances to provide more integration of the targeted business sectors within the County's planned urban centers. Many of the targeted business sectors could easily be located within urban centers or in close proximity with minimal negative impact to other businesses and Your Move. Our Commitment. 45 East Boscavren Street J. Winchester 226D e, SAO-E6b5-C 973 w Fax 5401-7D-0604 A ry A,,Zwinva.com Page 3 Follow-up to EDC Presentation at Fred. Co. Planning Retreat residents. Data centers, integrated services centers and light manufacturing are some example of such potential urban center businesses. Creating a formalized fast track permit process for business targets and other desirables The County currently provides a parallel permitting process for business/industrial uses. This process has served EDC clients well in the past in most situations. Unfortunately, this process is conducted in an informal setting, thus creating some challenges in execution and marketing. In comparison, several adjacent competing areas offer specific timeframes, like 30- 60 days site plan approval on zoned properties. In comparison, 90-120 days is required for site plan approval even with the County's parallel permit process system. The creation of a formal fast track permit process would create an additional marketing hook for Frederick County. This process would send an immense proactive signal to the business targets of the County's desire for them to join our community's business portfolio. Frederick County would also narrow the competition difference with our adjacent localities. Thank you again for the opportunity to speak at the retreat. I hope my information will only further assist in the County's land use decisions. If you require additional information to any section, please let me know. Sincerely, Patrick J Patrick Barker, CEcD Executive Director Your Move. Our Commitment. 45 <ast. Boscavve_n Sti-er A, Winchester: 22601 ♦ 540-665-0973 A Fax 540-722-0604 ♦ wwrZwinvz.cor:-, REZ # OS - 07 v a �d OgRPFRS 'BBFPERS VALLEY TO ;R c, Q� 0 EGA 5 7i`- /I 9ON— CJ 64 A 79 u iy WINCHESTER REGIONAL WINLNESTER REGIONAL AIRPORT ]yy� tea• y ,j $TONDU51 E53�j • o I r � 3e 6 r F 1 < ao PA i GJ/y�� 'P9'P,t L AAPORi DUSINESS CENTER TR V 5ounmEw �xx 64 A 40E KOHL'S DEPT STORES, INC a N L 37 FARM, LLC S�dtY�P j, PISE -° Frederick County, VA Rezoning REZ # 05 - 07 Application Admiral Byrd Center Parcel ID: 64-A-401 Location in the County Map Features O Hamlets Q Application Airport O Lakes/Ponds ^-- Streams 9tr„ts Pnmary �. 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WI?IGt1E$TER REGIONAL AIRPORT I\ \ m� ) J FIbFO♦;1 D'JSIr:fb5 LGrJ16F � d1 P O10 ��a�0 pINE H L f ARM, 64 LLE g�1�¢ �a •_I Frederick County, VA Rezoning REZ#05-07 Application Admiral Byrd Center Parcel ID: 64-A-401 Location in the County Map Features O Hamlets Zoning 0 Application 40 B1 (Business, Neighborhood District) :-: Airport — B2 (Business, General District) fl Lakes/Ponds e� B3 (Business, Industrial Transition District) ^-- Streams : EM (Extractive Manufacturing District) streets 40 HE (Higher Education District) -- Primary 40 M1 (Industrial, Light District) ti Secondary M2 (Industrial, General District) ^� Tertiary 40 MHI (Mobile Home Community District) e►• Future Rt37 Bypass • MS (Medical Support District) �0 Urban Development Area ets R4 (Residential, Planned Community District) all SVVSA • R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) 1 N �1 Map Document:(N:\Planning_And_Development\_1_Locator_Mps\AdmiralByrdCenterREZ0507_050707.mxd) 5/7/2007 -- 3:41:23 PM REZ # 05 - 07 410 ; SOUTNVIEW \'inc Ln IGN75� SMITH, MARK D CgRF�-RS vq`(e oif� f®6R9ERs vALLEr i- Q..y o • v ? < 64 A 79 WINCHESTER REGIONAL ' WIr•TLNt:51ER REGIONAL AIRPORT svo df P ore � ENE 0 �pR PINE H LL 37,1, LLC IN Frederick County, VA Rezoning REZ # 05 - 07 Application Admiral Byrd Center Parcel ID: 64-A-401 Location in the County Map Features O Hamlets Long Ranee Land Use 0 Application Rural Community Center Airport Residential O Lakes/Ponds Business -11- Streams V. Industrial Streets a7S+ Institutional �. Primary Recreation �. Secondary ZO Historic �- Terciary ® Mixed -Use e►, Future Rt37 Bypass �29s Planned Unit Development will, Urban Development Area ati SWSA �cK COS © Case Planner: Mike Map Document: (N:\Planning_And_Development\ 1_Locator_MpsAdmiralByrdCenterREZ0507_050707.mxd) 5/7/2007 -- 3:41:23 FM i • 0 0 REZONING APPLICATION #05-07 ADMIRAL BYRD CENTER Staff Report for the Planning Commission Prepared: July 12, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 06/06/07 Tabled to 08/01/07 08/01 /07 Pending Board of Supervisors: 08/22/07 Pending PROPOSAL: To rezone 11.4 acres from M1 (Light Industrial) District to B2 (General Business) District, with proffers. LOCATION: The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 60-A-40I PROPERTY ZONING: Ml (Light Industrial) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) District South: MI (Light Industrial) District East: M1 (Light Industrial) District West: M1 (Light Industrial) District Use: Winchester Regional Airport Use: Industrial Use: Industrial Use: Industrial PROPOSED USES: Commercial and Industrial Uses. • 0 Rezoning 905-07 — Admiral Byrd Center Page 2 July 12, 2007 REVIEW EVALUATIONS: Virlzinia Department of Transportation: We have completed the review of your revised TIA (revised March 28, 2007) and we concur with your TIA's conclusions Fire Marshall: No comments. Department of Inspections: No comments. Department of Public Works: We do not have any comments at this time. Frederick -Winchester Service Authority: No comments. Sanitation Authority Department: I concur with the water and sewer statement. Department of Parks & Recreation: No comment. Historic resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies this property as being located within the study area of the Second Battle of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Winchester Regional Airport: The proposed rezoning request for Admiral Byrd Center to a B2 zoning would be considered compatible with airport operations except for any Day -Child Care Facilities. We respectfully request the applicant give consideration to include that type of use under prohibited uses. Allowed uses under B2 zoning should not impact business operations of the Winchester Regional Airport and any special requirements during the development phase will be stated upon review of the site plan. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Frederick County Attorney: Please see attached letter dated May 23, 2007 from Mr. Bob Mitchell. 0 0 Rezoning 905-07 — Admiral Byrd Center Page 3 July 12, 2007 Plannin14 & ZoninIZ: 1) Site History The property was originally part of 257 acre parcel that was rezoned from A2 (Agricultural General) to MI (Industrial limited) on September 10, 1986 (Rezoning Application #10-86 of C. Douglas Adams and Fern L. Adams). Master Development Plan 4009-87 was approved for the Airport Business Center which provided for the industrial development of the property. The subdivision of this 23 acre parcel from the parent tract, Subdivision 4003-96 of Airport Business Center, Section 2, was approved on June 14, 1996. Subsequently, the Master Development Plan was revised in 1999 to incorporate the Flex Tech designation to various locations throughout the Airport Business Center. The parcel for which this rezoning is being requested is zoned M-1 with a flex tech designation. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the conununity's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [ComprehensNe Policy Plan, p. 14] T and T Tan The parcel comprising this rezoning application is located within the County's Sewer and Water Service Area (SWSA). The Eastern Frederick County Long Range Land Use Plan identifies the general area surrounding this property with an Industrial Land Use Designation. This is reflective of the properties office/industrial designation within the Route 50 East Corridor Plan. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. Currently, the zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. The application of quality design standards for future development is an objective of the Plan. The property is located directly across from the Winchester — Frederick Regional Airport. Therefore, this property should be considered as a gateway site and the development of the properly should be of an appropriate standard and design. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. The expectation should be to promote a high quality envirorunent and a high performing economic use that is unique to this particular location. 0 Rezoning #05-07 — Admiral Byrd Center Page 4 July 12, 2007 Transportation Airport Road is identified as a major collector road. There presently exists a sufficient amount of right-of-way to achieve this ultimate typical section. The Virginia Department of Transportation recently completed the Airport Road, Route 645, relocation project which realigned and improved Airport Road in the vicinity of the Admiral Byrd Center Property and east of this site. In addition, the intersection of Airport Road, Route 645, and Victory Lane, Route 728, was improved significantly with the provision of a roundabout to effectively and safely move traffic at that location. Access management, entrance locations, and inter -parcel circulation and access should be a consideration in this application. hi addition, Staff has suggested the implementation of corridor appearance guidelines on the major collector road. This could be done du-ough the thoughtful design of landscaping, signage, setbacks, building location and form, building orientation and screening of loading bays and utilities etc. 3) Site Suitability/Environment The site does not contain any enviromnental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. The approved Master Development Plan for this property addresses the development of this site, including storrnwater management. 4) Potential Impacts A. Transportation Traffic Impact Anal The traffic impact analysis (TIA) prepared for this application assumed 220,000 square feet of a variety of commercial and general office uses and a convenience store with gas pumps. The assumptions used are consistent with the worst case analysis enabled by ordinance and proffer. Using trip generation figures from the I.T.E. Trip Generation Manual, 7 h Edition, the proposed rezoning is projected to generate 6,070 average daily trips (ADT). In looking beyond the transportation improvements to the frontage of the project, the applicant considered the intersection of Airport Road, Route 645, and Route 522 and the intersection of Victory Lane, Route 728, and Route 50. The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the proposed signalization of Route 522 and Airport Road, for which the Russell 150 project has proffered the construction, and the signalization of Route 50 and Victory Lane. The applicant has proffered to participate in the signalization of this intersection. Previously, other rezonings in the vicinity of this intersection have committed to participate in its signalization. 0 Rezoning #05-07 — Admiral Byrd Center Page 5 July 12, 2007 Transportation Program. In addition to the participation in the signalization of the Route 50 and Victory Lane Intersection, the applicant has proffered to construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway which will generally consist of an additional lane on the south side of Airport Road adjacent to the property. The applicant states that walkways and sidewalks will be incorporated into the site to facilitate pedestrian movements internal and external to the property. This pedestrian circulation should be further clarified to ensure that sidewalks will be provided, at a minimum, adjacent to all of the public streets. B. Sewer and Water The FCSA has an eight inch sewer force main traversing the property to which the Applicants will connect. This commercial development is expected to generate a total of 37,910 gpd of wastewater which will be conveyed to the Parkins Mill Wastewater Treatment Facility. The FCSA has an eight inch water main that encircles the property. This development is expected to generate 1000 gallons/day/acre for a total of 56,850 gpd. The FCSA has stated that they have the water and sewer capacity to service this site and that they concur with the water and sewer analysis. C. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application does address the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. 5) Proffer Statement — Dated April 30, 2007 (Revised July 8, 2007) A) Generalized Development Plan The Generalized Development Plan is the tool that the applicant could use to clarify any commitments made as part of the rezoning application. The Generalized Development Plan should be general in nature but address key elements of the development of the site. In general, there may be an opportunity to revisit the GDP and provide for a design and layout which provides for an enhanced design and development. Presently, the GDP offers little detail or definition to provide guidance in the scope of the landscaping, sidewalks, signage, or building form and layout, that are proposed to exceed existing ordinance requirements. The revised GDP clarifies the location of the three proposed entrances and provides more detail regarding the proffered landscaping along Airport Road The GDPprovidesforgeneral building locations and further states that primary parking areas are behind and beside buildings. 0 Rezoning #05-07 — Admiral Byrd Center Page 6 July 12, 2007 B) Land Use The Applicant has proffered a variety of construction materials which may be used in the development of this property. Such a broad range provides little clarity or guidance on the construction materials, layout, and design of the buildings that may be constructed. As stated previously, this site represents a prime economic development location. The expectation should be to promote a high quality enviromnent and a high performing economic use that is unique to this particular location. The revised Proffer Statement includes a neiv section that organizes the proffered design standards. New site design elements include; a proffer stating that any canopies or drive through areas will notfront on AhportRoad, a requirement that no more than 23,000 square feet of gross floor area will be utilized by a single retail entity, that retail uses will be located on the first floor of all buildings (it should be recognized that single story buildings are permitted), and thatfreestanding signs shall be monument type designs and shall be limited to one sign at each entrance for the site. The Applicant has prohibited a variety of uses that would otherwise be permitted in the B2 Zoning District. hl addition, the Applicant has proffered a limitation that no more than 40 percent of the gross floor area on the site will be retail uses (it should be recognized other commercial uses may be permitted). The intent of the above proffer appears to be to ensure that the primary use of this property remains somewhat consistent with the Comprehensive Plan's designation of industrial and office land uses. Staff recognizes the intent of this proffered approach. However, we continue to believe that the request as proposed does not fully promote the Comprehensive Plan's Office and industrial designation in this location. The types of uses and the balance of uses should be evaluated and limited to ensure that the goals of the Comprehensive Plan are addressed. If it is the desire to include conunercial uses on this property, they should clearly be accessory to the primary use of the property and be limited in scale. Please note that one use which has not been included in the list of prohibited uses is Day Care facilities. The comment provided by the Winchester Regional Airport specifically addresses this use on the property. C) Transportation The Application proffers the participation in the signalization of the Route 50 and Victory Lane Intersection and the construction of the remaining portions of the ultimate typical section for Airport Road which will generally consist of an additional lane on the south side of Airport Road adjacent to the property. D) Community Facilities This application addresses the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. 0 • Rezoning #05-07 — Admiral Byrd Center Page 7 July 12, 2007 PLANNING COMMISSION SUMMARY AND ACTION OF THE 6/06/07 MEETING: The applicant's representative explained the proposal for convenient support services for employees of the businesses in the area, as well as for visitors arriving at the airport for business, pleasure, or economic development. The applicant was well aware of the concern for favorable appearance in site development and the need to make a positive first impression adjacent to the airport. Comments were received during the citizen comment portion of the hearing by an adjoining property owner who spoke and another property owner who had provided a written statement. Both property owners were supportive of the applicant's proposal to provide a commercial component within the industrial park. Commission members commented about the favorable appearance of this industrial park and the high - quality design standards used by existing industries along Airport Road; particularly, with structural appearance, monument signage, hidden parking, and berms. Commissioners wanted to make sure the appearance of this industrial park was not spoiled in any way. They expressed concern that the proposed rezoning had not identified a specific use and other, undesirable uses, had not been proffered out; for example, they did not want to see a box store, a chain hotel, a nightclub, or 10,000 square -foot pad sites. Commission members supported the applicant in his endeavor, but said they would be more comfortable if the proposed uses were somewhat narrowed down and other uses proffered out. In addition, it was suggested that the applicant show a conceptual layout, possibly with a generalized development plan. The Planning Commission tabled the rezoning application for 45 days in order to give the applicant time to make a refinement in the application, specifically by defining possible uses for the site, with the aid of conceptual drawings, revised proffers, and possibly, a generalized development plan. (Note: Commissioner Manual abstained from voting; Commissioners Thomas, Triplett, and Ours were absent from the meeting.) 0 • Rezoning #05-07 — Admiral Byrd Center Page 8 July 12, 2007 STAFF UPDATE FOR 08/01/07 PLANNING COMMISSION MEETING: The Applicant has provided a revised proffer statement for this project. It is the Applicant's belief that the revisions provided address the issues identified by the Planning Commission at your June 6, 2007 meeting. In general, the revisions seek to further define possible uses for the site, improve the design standards, and include a more detailed generalized development plan. A review of the changes compared to the initial application was incorporated into the above discussion on the Proffer Statement. Staff recognizes the efforts that have been made by the Applicant; however, the following conclusion remains consistent with that previously offered. STAFF CONCLUSIONS FOR 08/01/07 PLANNING COMMISSION MEETING: The Eastern Frederick County Long Range Land Use Plan and Route 50 East Corridor Plan identify the general area surrounding this property with an office/industrial land use designation. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. Currently, the zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. The request as submitted does not achieve this goal. A Public Hearing was held for this application at your June 6, 2007 meeting. Therefore, following the Commission's consideration of this request, 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 Planning Commission. i REZONING APPLICATION 405-07 ADMIRAL BYRD CENTER Staff Report for the Planning Commission Prepared: May 21, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 06/06/07 Board of Supervisors: 06/27/07 Action Pending Pending PROPOSAL: To rezone 11.4 acres from M1 (Light Industrial) District to B2 (General Business) District, with proffers. LOCATION: The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 60-A-40I PROPERTY ZONING: Ml (Light Industrial) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) District South: M1 (Light Industrial) District East: M1 (Light Industrial) District West: M1 (Light Industrial) District Use: Winchester Regional Airport Use: Industrial Use: Industrial Use: Industrial PROPOSED USES: Commercial and Industrial Uses. •(suzupV •Z woo pue stuepV sefto(j uoiluoijddV Ouiuoza-d) 9861 `01 Togtuaidos uo (polTtuil luTTlsnpul) I of (luTouoD reanljnouT 3V) ZV woTj pouozo.z sem luul looted a.zoe LSZ Jo Ized xjjuui0iao sem , lVQdoad atjj iolSM aliS Q utuoZ V 75uluutla •ino-plInq uodn uollulndod loogos oqj of joudtuT ou aq Illm o.Togl `�?uiuozo.z aul jo 1Tud oq Ipm shun IeTluopisaa ou soluls luul paptnoid uoiluuaaoJuT aul uo pasug :slooq;)S aiignd 4unoa 3I5iaapa i3 uuld ails atlJ Jo MOTAW uodn palels oq Iltm osetld luauzdolanap a41 fuianp sluauzaamboT Iuioods Xuu pue �podTiV juuoi2a-dTajsatloul jA all jo suotiendo ssouisnq joedtui jou pinotls 2uiuoz Zg Topun sasn p;)molIV •sasn pajTgTuozd Topun osn jo add letlj opnlout of uoile.iapisuoo anii? luuoilddu aul lsonboi Xlln3loodsoT oA, •sat}iltoej ono pltuo-XeQ Xue Toj ldooxo suoijamdo lTodare ultra olgtledtuoo paaaptsuoo oq pjnom 2uiuoz Zg e of TaluoD pTXg IuaiwpV .ioj isanboT 2uiuozoT posodoTd atlZ :IAOCIAIV Iuuoi a2I .talsatlau'AkI •XITT2alui sil Isol anew ol powoop uaaq sell 11 ` oxe snlj ui luauzdolanap aril of onp `TanaMOtl `.TajsatlouTA, JO ajlieg pu000S oil} jo uare Xpnjs all unlilm poleool Outaq su 4mdwd sigl satdiTuapT X311uA tjuopuuuatlS atll uT sa}iS TLArn IinTD Jo XpnlS aoinaaS xTud juuoTTuN atjT 1utll palou sum II •�Sliutoin atll IN sloulsip opolsitl olgtssod Xue ontll we Tou sate zodoTd atlT uo poleool sainlonTls opolsiLj lueoIJtuOts ou aau aT;)gl `XananS sN etupw je. n� atl� of �uipa000V •gV-dH oqj Xq uoiluoilddu 2utuomi oql jo MatnaT juuuoj e olnpogos of fauss000u lou si It pue soomosaT oiTols q joudtut XjlueoidiuOis jou soop jesodoTd atll jutll smoddu 1l :pauog osinpV saaanosa ataols'H •luounuoo ON :uoiluaaaag W slaud Jo luatulau aQ luotualuls .iomos puu Tojum ail} tIllm Tnouoo I :luatulau aQ t.ioglnV uoiluliuuS •sluauiuioo ON taotilnd aain.iaS aalsatl3uiA,-3Iaia3p3aA •aurtI sell Ie sluauiutoo due anutl lou op oA, :s3jl5M aiignd jo luatulau aQ sluotuuioo ON :suotlaa suI jo luatulau aQ •sluauituoo ON :IlugslLw a.113 suoisnjouoo s,dj L .moX tjjjm Tnouoo om put, (LOOZ `8Z 110-MW pasTnaT) `dl.L pasinaT TnoXjo MOTnaT aul palaldtuoo anetj am :uoilul.ao d suu.T JLJ0 jug tulau daQ uiui ."A :SNOI.LVflrIVAJ A1aMH LOOZ `IZ , VW Z afud T31uaD pTXg 172T11UpV — LO-SO# i?utuozaN 0 Rezoning #05-07 — Admiral Byrd Center Page 3 May 21, 2007 Master Development Plan #009-87 was approved for the Airport Business Center which provided for the industrial development of the property. The subdivision of this 23 acre parcel from the parent tract, Subdivision #003-96 of Airport Business Center, Section 2, was approved on June 14, 1996. Subsequently, the Master Development Plan was revised in 1999 to incorporate the Flex Tech designation to various locations throughout the Airport Business Center. The parcel for which this rezoning is being requested is zoned M-1 with a flex tech designation. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] T "W] T Q19 The parcel comprising this rezoning application is located within the County's Sewer and Water Service Area (SWSA). The Eastern Frederick County Long Range Land Use Plan identifies the general area surrounding this property with an Industrial Land Use Designation. This is reflective of the properties office/industrial designation within the Route 50 East Corridor Plan. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. Currently, the zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. The application of quality design standards for fixture development is an objective of the Plan. The property is located directly across from the Winchester — Frederick Regional Airport. Therefore, this property should be considered as a gateway site and the development of the property should be of an appropriate standard and design. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. The expectation should be to promote a high quality environment and a high performing economic use that is unique to this particular location. Transportation Airport Road is identified as a major collector road. There presently exists a sufficient amount of right-of-way to achieve this ultimate typical section. The Virginia Department of Transportation recently completed the Airport Road, Route 645, relocation project which realigned and improved Airport Road in the vicinity of the Admiral Byrd Center Property and east of this site. In addition, the intersection of Airport Road, Route 645, and Victory Lane, Route 728, was improved significantly with the provision of a roundabout to effectively and safely move traffic at that location. 0 • Rezoning #05-07 — Admiral Byrd Center Page 4 May 21, 2007 Access management, entrance locations, and inter -parcel circulation and access should be a consideration in this application. In addition, Staff has suggested the implementation of corridor appearance guidelines on the major collector road. This could be done through the thoughtful design of landscaping, signage, setbacks, building location and form, building orientation and screening of loading bays and utilities etc. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. The approved Master Development Plan for this property addresses the development of this site, including stormwater management. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application assumed 220,000 square feet of a variety of commercial and general office uses and a convenience store with gas pumps. The assumptions used are consistent with the worst case analysis enabled by ordinance and proffer. Using trip generation figures from the I.T.E. Trip Generation Manual, 7"' Edition, the proposed rezoning is projected to generate 6,070 average daily trips (ADT). In looking beyond the transportation improvements to the frontage of the project, the applicant considered the intersection of Airport Road, Route 645, and Route 522 and the intersection of Victory Lane, Route 728, and Route 50. The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the proposed signalization of Route 522 and Airport Road, for which the Russell 150 project has proffered the construction, and the signalization of Route 50 and Victory Lane. The applicant has proffered to participate in the signalization of this intersection. Previously, other rezonings in the vicinity of this intersection have committed to participate in its signalization. Transportation Program. In addition to the participation in the signalization of the Route 50 and Victory Lane Intersection, the applicant has proffered to construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway which will generally consist of an additional lane on the south side of Airport Road adjacent to the property. The applicant states that walkways and sidewalks will be incorporated into the site to facilitate pedestrian movements internal and external to the property. This pedestrian circulation should be further clarified to ensure that sidewalks will be provided, at a minimum, adjacent to all of the public streets. 0 0 Rezoning #05-07 — Admiral Byrd Center Page 5 May 21, 2007 B. Sewer and Water The FCSA has an eight inch sewer force main traversing the property to which the Applicants will connect. This commercial development is expected to generate a total of 37,910 gpd of wastewater which will be conveyed to the Parkins Mill Wastewater Treatment Facility. The FCSA has an eight inch water main that encircles the property. This development is expected to generate 1000 gallons/day/acre for a total of 56,850 gpd. The FCSA has stated that they have the water and sewer capacity to service this site and that they concur with the water and sewer analysis. C. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application does address the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. 5) Proffer Statement — Dated April 30, 2007 A) Generalized Development Plan The Generalized Development Plan is the tool that the applicant could use to clarify any commitments made as part of the rezoning application. The Generalized Development Plan should be general in nature but address key elements of the development of the site. In general, there may be an opportunity to revisit the GDP and provide for a design and layout which provides for an enhanced design and development. Presently, the GDP offers little detail or definition to provide guidance in the scope of the landscaping, sidewalks, signage, or building form and layout, that are proposed to exceed existing ordinance requirements. B) Land Use The Applicant has proffered a variety of construction materials which may be used in the development of this property. Such a broad range provides little clarity or guidance on the construction materials, layout, and design of the buildings that may be constructed. As stated previously, this site represents a prime economic development location. The expectation should be to promote a high quality environment and a high performing economic use that is unique to this particular location. The Applicant has also proffered limitations on the land uses allowed on the property by ensuring that no less than 60 percent of the land uses in the B2 area will be uses allowed in the M1 area. In addition, the Applicant has prohibited a variety of uses that would otherwise be permitted in the B2 Zoning District. 0 Rezoning 405-07 — Admiral Byrd Center Page 6 May 21, 2007 The intent of the above proffer appears to be to ensure that the primary use of this property remains somewhat consistent with the Comprehensive Plan's designation of industrial and office land uses. Staff recognizes the intent of this proffered approach. However, we do not believe that the request as proposed fully promotes the Comprehensive Plan's Office and industrial designation in this location. The types of uses and the balance of uses should be evaluated and limited to ensure that the goals of the Comprehensive Plan are addressed. If it is the desire to include commercial uses on this property, they should clearly be accessory to the primary use of the property and be limited in scale. Commercial Land Use Proffer 3.j.appears to be counter productive to the intent of this request. Staff believes that these uses should be promoted on this property rather than prohibited. Please note that one use which has not been included in the list of prohibited uses is Day Care facilities. The comment provided by the Winchester Regional Airport specifically addresses this use on the property. C) Transportation The Application proffers the participation in the signalization of the Route 50 and Victory Lane Intersection and the construction of the remaining portions of the ultimate typical section for Airport Road which will generally consist of an additional lane on the south side of Airport Road adjacent to the property. D) Community Facilities This application addresses the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. STAFF CONCLUSIONS FOR 06/06/07 PLANNING COMMISSION MEETING: The Eastern Frederick County Long Range Land Use Plan and Route 50 East Corridor Plan identify the general area surrounding this property with an office/industrial land use designation. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. Currently, the zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. Followinga the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerninga this rezoning - application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning- Commission. • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Zoning Amendment Number PC Hearing Datej,., od Fee Amount Paid $ .LIN D Date Received ,�j a % BOS Hearing Date � r The following information shall be provided by the applicant: M AY 7 2007 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: Stowe Engineering, PLC Telephone: (540) 336-0656 Address: 220 Serviceberry Court Stephens City, VA 22655 is 2. Property Owner (if different than above) 0 Name: Michael J. Bermel Address: 10550 Marbury Road Oakton. VA 22124 3. Contact person if other than above Name: Telephone: (703) 255-3339 Telephone: 3. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X • 0 • 5. 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: Michael J. Bermel 6. A) Current Use of the Property: vac B) Proposed Use of the Property: Adm. Byrd Center — business center 7. Adjoining Property: PARCEL ID NUMBER 64-A-40J is64-A-40E 64-A-400 64-A-40N 64-A-40M 64-A-40K 64-A-40A 64-A-40B 0 USE vacant warehouse office/warehouse office/warehouse vacant office/warehouse vacant airport ZONING M-1 M-1 M-1 M-1 M-1 M-1 B-2 M-1 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The property is located on the south side of Airport Road (Rte 645) directly across the street from the Winchester Regional Airport terminal building The property is encircled by Admiral Byrd Drive • rj • 9. The following ow ng information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Office: 158,000 Retail: 65,000 Restaurant: 10. Signature: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Other: 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 10 property for site inspection purposes. I we understand that the sign issued when this application is submitted must e ( ) g pp b placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: 542 O'� Date: r' Owner(s): Date: 7 Date: • • 0 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Sears -Smith Partnership c/o Urban Engineering & Associates 7712 Little River Turnpike Annandale, VA 22003 Property # 64-A-40J Name Kohl's Department Stores, Inc. N56W 17000 Ridgewood Dr Menomonee Falls, WI 53051 Property # 64-A-40E Name Airport Business Pare Building D, LLC 4264Q Entre Court Chantilly, VA 20151 Property #64-A-400 Name Airport Business Pare Building, LLC 4264Q Entre Court Chantilly, VA 20151 Property #64-A-40N Name Airport Business Park, LLC 4264Q Entre Court Chantilly, VA 20151 Property #64-A-40M Name Airport Business Park, LLC 4264Q Entre Court Chantilly, VA 20151 Property # 64-A-40K Name Adams, Douglas and Patricia 303 S. Loudoun Street Winchester, VA 22601 Property 464-A-40A Name Winchester Regional Airport 491 Airport Road Winchester, VA 22602 Property # 64-A-4013 Name 0 AMENDMENT Action: PLANNING COMMISSION: August 1, 2007 - Recommended Approval BOARD OF SUPERVISORS: August 22, 2007 Q APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 405-07 OF ADMIRAL BYRD CENTER WHEREAS, Rezoning 1105-07of Admiral Byrd Center, submitted by Stowe Engineering, PLC, to rezone 11.4 acres from M1 (Light Industrial) District to B2 (General Business) District, with proffers, for office and retail uses, was considered. The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport tenninal building in the Shawnee Magisterial District, and is identified by Property Identification Number 60-A-40I. WHEREAS, the Plaiming Commission held a public hearing on this rezoning on June 6, 2006, and recommended approval at a public meeting on August 1, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 22, 2007; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 11.4 acres from M1 (Light Industrial) District to B2 (General Business) District, for office and retail uses, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #40-07 • • This ordinance shall be in effect on the date of adoption. Passed this 22nd day of August, 2007 by the following recorded vote: Richard C. Shickle, Chairman Gary W. Dove Gene E. Fisher Philip A. Lemieux Nay Barbara E. Van Osten Nay Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye A COPY ATTEST Aye Aye Aye Johr R. iley, Jr) Freder, ck County Administrator PDRes #40-07 April 30, 2007 • June 4, 2007 July 8, 2007 August 6, 2007 Admiral Byrd Center Proffer Statement REZONING: RZ# M-1 TO B-2 PROPERTY: 11.4 Acres+/- a portion of the total parcel Total Parcel 23.4059 Acres Tax Parcels 64-A-40I APPLICANT PROJECT NAME ORIGINAL PROFFER DATE: REVISION DATES: Preliminary Matters Michael J. Bermel Admiral Byrd Center Rezoning Michael J. Bermel (hereinafter referred to as Applicant) Admiral Byrd Center April 30, 2007 August 6, 2007 Pursuant to Section 15.2-2296 et. Seq. of the Code of Virginia, (1950, as amended),(the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Michael J. Bermel (the Applicant) as the owner of the land parcel identified as 64-A-40I, identified on the attached Zoning Plat Map prepared by Urban Engineering dated November 2005, containing 23.5+/- acres for which Page 1 of 6 April 30, 2007 • Admiral Byrd Center Rezoning Junc 4, 2007 July 8, 2007 August 6, 2007 rezoning has been requested for 11.4+/- acres (the Site) on behalf of himself and his successors in interest, does hereby voluntarily proffer that in the event that if 11.4 +/- acres of the property is rezoned by the Board of Supervisors of Frederick County, Virginia, to B-2 Business — General District, development of the site shall be in conformity with the conditions set forth in this proffer statement. These proffered conditions are the only conditions offered for this rezoning and any prior conditions applicable to the Site are hereby declared null and void and shall have no force and effect upon the development of the Site at such time as the County approves this zoning map amendment petition, except 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 binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon applicants and their successors and assigns. Transportation Enhancements 1. Airport Road The Applicant hereby proffers to dedicated right of way for and construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway and adjacent to the Site. These improvements will extend from the western intersection of Admiral Byrd Drive with Airport Road, to the eastern intersection of Admiral Byrd Drive with Airport Road, and will generally consist of construction of a continuous right turn lane with curb and gutter, and sidewalk along Airport Road. 2. Victory Drive — Millwood Pike (Rte 50) intersection The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Victory Drive and Millwood Pike (Route 50). The cost basis of this signalization agreement shall be determined by VDOT based on Page 2 of 6 • April 30, 2007 • Admiral Byrd Center Rezoning June 4, 2007 July 8, 2007 August 6, 2007 traffic studies prepared for projects impacting the intersection, with said traffic signal installed at such time as warranted based on studies by VDOT. Desien Standards The Applicant hereby proffers to utilize compatible construction materials and themes for all commercial construction on the Site. The principal construction materials shall be from among those permitted in the "Protective Covenants of Airport Business Center" which is on record in the Frederick County land records in Deed Book 693 Page 434 and which pertains to the subject parcel, and shall be further limited to brick, architectural block or stone, stucco or simulated stucco, wood, or glass. Roofing material visible adjacent streets will be standing seam metal or architectural shingles. These construction materials shall be utilized on all building walls and rooflines which face public streets (north, east and west sides). 2. The applicant proffers that the buildings will be up to four stories tall, and that any canopies or drive -through areas will not front on Airport Road. 3. The applicant hereby proffers that no more than 23,000 square feet of gross floor area will be utilized by a single retail entity, and that the retail uses will be located on the first floor of all buildings. 4. Walkways/sidewalks will be provided adjacent to public streets and on site to facilitate pedestrian movements internal to the Site. Provisions for future extensions of walkways/sidewalks to points outside of the site will be provided. All walkways on the site will be a minimum of 5' in width_ Freestanding signs constructed on the site will be monument type design. Signs adjacent to and visible from public right of ways will be limited to one sign at each entrance for the site. 6. Outdoor advertising flags and banners will be prohibited. Page 3 of 6 April 30, 2007 • Admiral Byrd Center Rezoning June 4, 2007 July 8, 2007 August 6, 2007 Commercial Land Use 1. The applicant hereby proffers to prohibit the following land uses witlun the B-2 area of the property: USE SIC a. Drive -In Theater 7833 b. Supermarkets 5411 except convenience food stores -retail C. Electric and gas utility transmission and distribution facilities 4911, 4923 d. Golf driving ranges and miniature golf courses 7999 C. Electrical supply sales wholesale 4911 f. Commercial outdoor batting cages 7999 g. Adult retail h. Religious Organizations 8661 i. Funeral homes 7261 J. Retail nurseries 5261 k. Drinking Places (alcoholic Beverages) 5813 2. The applicant hereby proffers that no more than 40% of the gross floor area on the site will be retail uses. Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event this rezoning application is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia $5000.00 to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue. This monetary contribution shall be provided to the Frederick County Treasurer at the time of the building permit issuance for the first building in the Admiral Byrd Center project. Page 4 of 6 April 30, 2007 . Admiral Byrd Center Rezoning June 4, 2007 July 8, 2007 August 6, 2007 General Development Plan The applicant proffers to develop the subject property in substantial conformity with the attached proffered Generalized Development Plan (GDP) prepared by Stowe Engineering, PLC dated July 8, 2007. The GDP is recognized to be a conceptual plan and may be refined by the applicant to accommodate final design and engineering constraints without the need for reapproval by the Board of Supervisors. 2. The GDP shall identify no more than three access points to be made from public streets to access the B-2 area. 3. The GDP provides for an area of enhanced landscaping along Airport Road, consisting of a 25' wide landscaping buffer adjacent to the Airport Road right of way. In this buffer a 36" high meandering earthen berm will be provided with plantings consisting of no less than 20 shrubs and/or trees per 50 feet of berm. The plantings will be placed as nodes and/or linear plant configurations to provide the desired aesthetic benefits. Page 5 of 6 April 30, 2007 June 4, 2007 July 8, 2007 August 6, 2007 Signatures Admiral Byrd Center 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 Boards of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, By: Date: gz��Zo Michael J. Be , State of Virginia City/County of To Wit: The foregoing ins ment=Wawledged bef e �ethis day of 2gbyi� 0 �2 My Commission expires 3 20 1 U Page 6 of 6 Notary Public KATHERINE A. GOMEZ Notary Public Commonwealth of Virginia 4048479 My Commission Expires May 31, 2010 Jw, z WW/� r I l •I o a o CL lsz ,y►rA:'�. n.. �. j / ;.• , �_``' `..'t '-t ` ^4► . al87S Oj IOU '.� .;-� � �; � • ..� �, � � \ •,-«,f. � -;�� eajd 6uideaspuej ��..►. �. " paaueyu3 10 u01138S ssoaO Ao -a iota 94 4� eeiv Aepisnpua jgBri D-w , .sr• t � - t f� � r _ . 6 r ea�d 6uiu®za21 Z 8 low � y � � ... fi _ t .4i ''> . : s.�a'r � ��a f !i'�r� �. � �. s.. t'� i.. •if i ..� , • r _ _ y r „�••S"��;,�irA•ksa. 77:1:., • '-.'�"'�.,�[T2�'.'d i �y y�� i yj♦�j(' 46 1,- �, y,� SyYLt . � � :S c• ' t'i`s. --i`• �'`v .'"+ .... - '. -W W �.-.n►� :!� y !G � .d. �•, = ,1. -_ � � �� ok :r W t. `. � .. � .� 'J•..-.,, T'a � L °sC .> .^.fit' "c' � •...Y'.. August 9, 2007 Mr. Michael T. Ruddy, AICP Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 Dear Mr. Ruddy: AUr RE: Admiral Byrd Center Rezoning Please find attached twenty-six copies of the application package for the referenced project. The proffer statement has been revised to incorporate those matters agreed to with the Planning Commission. Should you need any additional information, feel free to contact me. Sincerely, STOWE ENGINEERING, PLC ol j Timothy S. Stowc, PE. i.S President enclosures 220 Serviceberry Court • Stephens City, Virginia 22655 • (540) 336.0656 • fax: (540) 869.6984 email: timstowe@stowecompanies.com 0 April 30, 2007 June 4, 2007 0 Admiral Byrd Center Rezoning Admiral Byrd Center Proffer Statement REZONING: RZ# 0,5� - 0 - - PROPERTY: 11.4 Acres+/- a portion of the total parcel Total Parcel 23.4059 Acres Tax Parcels 64-A-40I RECORD Michael J. Bermel OWNER: APPLICANT: Michael J. Bermel (hereinafter referred to as Applicant) PROJECT NAME: Admiral Byrd Center ORIGINAL PROFFER DATE: REVISION DATES: Preliminary Matters April 30, 2007 June 4, 2007 Pursuant to Section 15.2-2296 et. Seq. of the Code of Virginia, (1950, as amended),(the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Michael J. Bermel (the Applicant) as the owner of the land parcel identified as 64-A-40I, identified on the attached Zoning Plat Map prepared Page 1 of 5 April 30, 2007 Admiral Byrd Center Rezoning June 4, 2007 • by Urban Engineering dated November 2005, containing 23.5+/- acres for which rezoning has been requested for 11.4+/- acres (the Property) on behalf of himself and his successors in interest, does hereby voluntarily proffer that in the event that if 11.4 +/- acres of the property is rezoned by the Board of Supervisors of Frederick County, Virginia, to B-2 Business — General District, development of the property shall be in conformity with the conditions set forth in this proffer statement. These proffered conditions are the only conditions offered for this rezoning and any prior conditions applicable to the Property are hereby declared null and void and shall have no force and effect upon the development of the Property at such time as the County approves this zoning map amendment petition, except 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 bonding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon applicants and their successors and assigns. Transportation Enhancements 1. Airport Road The Applicant hereby proffers to dedicated right of way for and construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway and adjacent to the property. These improvements will extend from the western intersection of Admiral Byrd Drive with Airport Road, to the eastern intersection of Admiral Byrd Drive with Airport Road, and will generally consist of construction of a continuous right turn lane with curb and gutter along Airport Road. Page 2 of 5 April 30, 2007 Admiral Byrd Center Rezoning June 4, 2007 0 2. Victory Drive — Millwood Pike (Rte 50) intersection The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Victory Drive and Millwood Pike (Route 50). The cost basis of this signalization agreement shall be determined by VDOT based on traffic studies prepared for projects impacting the intersection, with said traffic signal installed at such time as warranted based on studies by VDOT. Commercial Land Use 1. The Applicant hereby proffers to utilize similar construction materials and similar development themes for all commercial development within the Admiral Byrd Center. The principal construction materials shall be limited to brick, architectural block or stone, dryvit or other simulated stucco, wood, glass, standing seam metal or architectural shingles. These construction materials shall be utilized on all building walls and rooflines which face public streets 2. The applicant hereby proffers to that no less than 60% of the land uses in the B-2 area will be uses allowed in the M-1 area. 3. The applicant hereby proffers to prohibit the following land uses within the B-2 area of the property: a. Drive -In Theater b. Supermarkets c. Exterior boarding kennels d. Electric, gas and other utility transmission and distribution facilities e. Golf driving ranges and miniature golf courses f. Electrical supplies (wholesale) g. Hardware, plumbing and heating equipment (wholesale) h. Commercial outdoor batting cages i. Adult retail Page 3 of 5 April 30, 2007 Admiral Byrd Center Rezoning June 4, 2007 0 j. All land uses within the B-3, Industrial Transition District, and M-1 , Light Industrial District, that are not otherwise permitted in the B-2, Business General District land use. k. Churches 1. Funeral homes in. Retail nurseries n. Paint stores Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event this rezoning application is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia $5000.00 to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue. This monetary contribution shall be provided to the Frederick County Treasurer at the time of the building permit issuance for the first building in the Admiral Byrd Center project. General Development Plan Should the Board of Supervisors of Frederick County, Virginia approve this rezoning application, development of the subject property shall be done in conformity with the attached voluntarily proffered Generalized Development Plan including the following provisions: 1. No more than three access points will be made to public streets to access the B-2 area. 2. Enhanced landscaping will be provided along Airport Road, exceeding the requirements of the zoning ordinance, to improve the corridor appearance. 3. Walkways/sidewalks will be provided on the site to facilitate pedestrian movements internal to the property. Provisions for future extensions to points outside off the property will be made. Page 4 of 5 April 30, 2007 Admiral Byrd Center Rezoning • June 4, 2007 is 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 Boards of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, By: V l f Nfichael J. B State of Virginia Date: City/County of i I I tom �GC( To Wit: The foregoing instrument �cknowledgd�� Vore me this day � of " C 20� by ,C::6e 2/5 /-�� - N t Public My Commission expires (�i� �C� l C� Page 5 of 5 �J HALL, MONAHAN, ENGLE, MAHAN A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW & MITCHELL WILBUR C. HALL (1692-1972) 7 S 307 EAST MARKED STREET 9 EAST BOSCAWEN STREET THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA O. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540-662-3200 ROBERT T. MITCHELL, JR. FAX 540-652-4304 JAMES A. KLENKAR E-MAIL lawyers@hallmonahan.com STEVEN F. JACKSON May 23, 2007 DENNIS J. MCLOUGHLIN, JR. Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 M AY 2 4 2007 PLEASE REPLY TO: P. O. BOX 648 WINCHESTER, VIRGINIA 22604-0848 Re: Admiral Byrd Center (Bermel) Proffer Statement Dear Mike: I have reviewed the above -referenced Proffer Statement dated February 5, 2007. It is my opinion that the Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following continents: 1. In the "REZONING" heading on the first page, the requested rezoning should be stated (M-1 to B-2). 2. The staff should determine whether Paragraph 1(Airport Road) of the Transportation Enhancements proffers constitutes a satisfactory proffer and whether the improvements to be made are sufficiently detailed. 3. In Paragraph 1 of Cornmercial Land Use proffers, the staff should determine whether the proposed construction materials are satisfactory. Also, it should be clarified what is meant by walls and rooflines "which face public streets", considering that the total tract is bordered by public streets. 0 E HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy May 23, 2007 Page 2 4. Paragraph 2 of the Commercial Land Use proffers makes reference to a Generalized Development Plan for the Airport Business Center. It would appear that this property is to be developed in accordance with that GDP. If so, there should be a separate proffer that the property will be developed in confonnity with the Generalized Development Plan for the Airport Business Center. In any event, it should be noted that there is no proffer which coconuts to a general development plan for the property. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing comments, please contact me. Very truly yours, 1 7ti Robert T. Mitchell, Jr. RTM/ks June 5, 2007 Mr. Michael T. Ruddy, AICP Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 RE: Admiral Byrd Center Rezoning Dear Mr. Ruddy: Please find enclosed the revised proffer statement for the referenced project. The proffer statement has been revised to incorporate technical corrections suggested by Mr. Robert Mitchell as a result of his legal review. I am also enclosing a CD ROM containing Power Point slides of the Master Development Plan and other maps I may wish to use during the presentation to Planning Commission. Thank you for loading these into the presentation. Should you need any additional information, feel free to contact me. Sincerely, STOW'EI�NGINEERING, PLC Timothy S. Stowe, PE, LS President enclosures J U N 5 2007 220 Serviceberry Court • Stephens City, Virginia 22655 • (540) 336.0656 • fax: (540) 869.6984 email: timstowe@stowecompanies.com April 30, 2007 June 4, 2007 July 8, 2007 Admiral Byrd Center Rezoning Admiral Byrd Center Proffer Statement REZONING: RZ# M-1 TO B-2 PROPERTY: 11.4 Acres+/- a portion of the total parcel Total Parcel 23.4059 Acres Tax Parcels 64-A-40I RECORD OWNER: APPLICANT PROJECT NAME ORIGINAL PROFFER DATE: REVISION DATES: Preliminary Matters Michael J. Bermel Michael J. Bermel (hereinafter referred to as Applicant) Admiral Byrd Center April 30, 2007 July 8, 2007 Pursuant to Section 15.2-2296 et. Seq. of the Code of Virginia, (1950, as amended),(the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Michael J. Bermel (the Applicant) as the owner of the land parcel identified as 64-A-40I, identified on the attached Zoning Plat Map prepared by Urban Engineering dated November 2005, containing 23.5+/- acres for which Pagel of 6 April 30, 2007 . Admiral Byrd Center Rezoning June 4, 2007 July 8, 2007 rezoning has been requested for 11.4+/- acres (the Site) on behalf of himself and his successors in interest, does hereby voluntarily proffer that in the event that if 11.4 +/- acres of the property is rezoned by the Board of Supervisors of Frederick County, Virginia, to B-2 Business — General District, development of the site shall be in conformity with the conditions set forth in this proffer statement. These proffered conditions are the only conditions offered for this rezoning and any prior conditions applicable to the Site are hereby declared null and void and shall have no force and effect upon the development of the Site at such time as the County approves this zoning map amendment petition, except 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 binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon applicants and their successors and assigns. Transportation Enhancements 1. Airport Road The Applicant hereby proffers to dedicated right of way for and construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway and adjacent to the Site. These improvements will extend from the western intersection of Admiral Byrd Drive with Airport Road, to the eastern intersection of Admiral Byrd Drive with Airport Road, and will generally consist of construction of a continuous right turn lane with curb and gutter, and sidewalk along Airport Road. 2. Victory Drive — Millwood Pike (Rte 50) intersection The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Victory Drive and Millwood Pike (Route 50). The cost basis of this signalization agreement shall be determined by VDOT based on Page 2 of 6 April 30, 2007 • Admiral Byrd Center Rezoning June 4, 2007 July 8, 2007 traffic studies prepared for projects impacting the intersection, with said traffic signal installed at such time as warranted based on studies by VDOT. Design Standards 1. The Applicant hereby proffers to utilize compatible construction materials and themes for all commercial construction on the Site. The principal construction materials shall be from among those permitted in the "Protective Covenants of Airport Business Center" which is on record in the Frederick County land records in Deed Book 693 Page 434 and which pertains to the subject parcel, and shall be further limited to brick, architectural block or stone, stucco or simulated stucco, wood, or glass. Roofing material visible adjacent streets will be standing seam metal or architectural shingles. These construction materials shall be utilized on all building walls and rooflines which face public streets (north, east and west sides). 2. The applicant proffers that the buildings will be up to four stories tall, and that any canopies or drive -through areas will not front on Airport Road. 3. The applicant hereby proffers that no more than 23,000 square feet of gross floor area will be utilized by a single retail entity, and that the retail uses will be located on the first floor of all buildings. 4. Walkways/sidewalks will be provided adjacent to public streets and on site to facilitate pedestrian movements internal to the Site. Provisions for future extensions of walkways/sidewalks to points outside of the site will be provided. All walkways on the site will be a minimum of 5' in width. 5. Freestanding signs constructed on the site will be monument type design. Signs adjacent to and visible from public right of ways will be limited to one sign at each entrance for the site. 6. Outdoor advertising flags or banners will be prohibited except for grand openings and special events for up to 30 days. Page 3 of 6 April 30, 2007 Admiral Byrd Center Rezoning June 4, 2007 July 8, 2007 Commercial Land Use 1. The applicant hereby proffers to prohibit the following land uses within the B-2 area of the property: USE SIC a. Drive -In Theater 7833 b. Supermarkets 5411 except convenience food stores -retail C. Electric and gas utility transmission and distribution facilities 4911, 4923 d. Golf driving ranges and miniature golf courses 7999 e. Electrical supply sales wholesale 4911 f. Commercial outdoor batting cages 7999 g. Adult retail h. Religious Organizations 8661 i. Funeral homes 7261 j. Retail nurseries 5261 k. Drinking Places (alcoholic Beverages) 5813 2. The applicant hereby proffers that no more than 40% of the gross floor area on the site will be retail uses. Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event this rezoning application is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia $5000.00 to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue. This monetary contribution shall be provided to the Frederick County Treasurer at the time of the building permit issuance for the first building in the Admiral Byrd Center project. Page 4 of 6 April 30, 2007 . Admiral Byrd Center Rezoning June 4, 2007 July 8, 2007 General Development Plan 1. The applicant proffers to develop the subject property in substantial conformity with the attached proffered Generalized Development Plan (GDP) prepared by Stowe Engineering, PLC dated July 8, 2007. The GDP is recognized to be a conceptual plan and may be refined by the applicant to accommodate final design and engineering constraints without the need for reapproval by the Board of Supervisors. 2. The GDP shall identify no more than three access points to be made from public streets to access the B-2 area. 3. The GDP provides for an area of enhanced landscaping along Airport Road, consisting of a 25' wide landscaping buffer adjacent to the Airport Road right of way. In this buffer a 36" high meandering earthen berm will be provided with plantings consisting of no less than 20 shrubs and/or trees per 50 feet of berm. The plantings will be placed as nodes and/or linear plant configurations to provide the desired aesthetic benefits. Page 5 of 6 April 30, 007 • June 4, 2007 July 8, 2007 Admiral Byrd Center Rezoning 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 Boards of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, By: /Z Date: (OZ Michael J. Be State of Virginia City/County of To Wit: The foregoing instrument was acknowledged before me this day of 50�--p 2007 by h1ICriAet, J 6I;eL My Commission expires A-u, (, 31 "p c 9CI ISi 96-1(o,.I -SSSa iS Page 6 of 6 Notary blic July 7, 2007 Mr. Michael T. Ruddy, AICP Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 RE: Admiral Byrd Center Rezoning Dear Mr. Ruddy: Please find attached forty-five copies of the revised proffer statement for the referenced project. The proffer statement has been revised to incorporate those matters identified by the Planning Commission. Should you need any additional information, feel free to contact me. Sincerely, STOWE ENGINEERING, PLC imothy S. Stowe, PE, LS President enclosures 220 Serviceberry Court . Stephens City, Virginia 22655 ® (540) 336.0656 a fax: (540) 869.6984 email: timstowe@stowecompanies.com c r) (A N (n .P (j N,, o-0 o w rn cn s0 uj v=3i < 0 (� (>* rri CD (D Z Y l< N 0 z ON C rrl Ln 4 \'■ Qn x l-4 z c) V n �^..•_` /� � Y icy _ 44 Ile --- eeiV leii4snpul 446il 6-W a'.-.• r YL i c� \Yy oo' eaad lelojewwoo Z --- yaOdlllY !" -..ram-- oKtLs st" . 11,10. yeoaalr __- -- • • • April 30, 2007 9 Admiral Byrd Center Rezoning Admiral Byrd Center Proffer Statement REZONING: RZ# PROPERTY: 11.4 Acres+/- a portion of the total parcel Total Parcel 23.4059 Acres Tax Parcels 64-A-40I RECORD OWNER: APPLICANT PROJECT NAME ORIGINAL PROFFER DATE: REVISION DATES: Preliminary Matters Michael J. Bermel Michael J. Bermel (hereinafter referred to as Applicant) Admiral Byrd Center April 30, 2007 Pursuant to Section 15.2-2296 et. Seq. of the Code of Virginia, (1950, as amended),(the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Michael J. Bermel (the Applicant) as the owner of the land parcel identified as 64-A-40I, identified on the attached Zoning Plat Map prepared Page 1 of 5 • April 30, 2007 Admiral Byrd Center Rezoning by Urban Engineering dated November 2005, containing 23.5+/- acres for which rezoning has been requested for 11.4+/- acres (the Property) on behalf of himself and his successors in interest, does hereby voluntarily proffer that in the event that if 11.4 +/- acres of the property is rezoned by the Board of Supervisors of Frederick County, Virginia, to B-2 Business — General District, development of the property shall be in conformity with the conditions set forth in this proffer statement. These proffered conditions are the only conditions offered for this rezoning and any prior conditions applicable to the Property are hereby declared null and void and shall have no force and effect upon the development of the Property at such time as the County approves this zoning map amendment petition, except 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 bonding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon applicants and their successors and assigns. Transportation Enhancements 1. Airport Road The Applicant hereby proffers to dedicated right of way for and construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway and adjacent to the property. These improvements will extend from the western intersection of Admiral Byrd Drive with Airport Road, to the eastern intersection of Admiral Byrd Drive with Airport Road, and will generally consist of construction of a continuous right turn lane with curb and gutter along Airport Road. Page 2 of 5 • April 30, 2007 • Admiral Byrd Center Rezoning 2. Victory Drive — Millwood Pike (Rte 50) intersection The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Victory Drive and Millwood Pike (Route 50). The cost basis of this signalization agreement shall be determined by VDOT based on traffic studies prepared for projects impacting the intersection, with said traffic signal installed at such time as warranted based on studies by VDOT. Commercial Land Use 1. The Applicant hereby proffers to utilize similar construction materials and similar development themes for all commercial development within the Admiral Byrd Center. The principal construction materials shall be limited to brick, architectural block or stone, dryvit or other simulated stucco, wood, glass, standing seam metal or architectural shingles. These construction materials shall be utilized on all building walls and rooflines which face public streets. 2. The applicant hereby proffers to that no less than 60% of the land uses in the B-2 area will be uses allowed in the M-1 area. 3. The applicant hereby proffers to prohibit the following land uses within the B-2 area of the property: a. Drive -In Theater b. Supermarkets c. Exterior boarding kennels d. Electric, gas and other utility transmission and distribution facilities e. Golf driving ranges and miniature golf courses f. Electrical supplies (wholesale) g. Hardware, plumbing and heating equipment (wholesale) h. Commercial outdoor batting cages i. Adult retail Page 3 of 5 . April 30, 2007 0 Admiral Byrd Center Rezoning j. All land uses within the B-3, Industrial Transition District, and M-1 , Light Industrial District, that are not otherwise permitted in the B-2, Business General District land use. k. Churches 1. Funeral homes in. Retail nurseries n. Paint stores Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event this rezoning application is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia $5000.00 to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue. This monetary contribution shall be provided to the Frederick County Treasurer at the time of the building permit issuance for the first building in the Admiral Byrd Center project. General Development Plan Should the Board of Supervisors of Frederick County, Virginia approve this rezoning application, development of the subject property shall be done in conformity with the attached voluntarily proffered Generalized Development Plan including the following provisions: 1. No more than three access points will be made to public streets to access the B-2 area. 2. Enhanced landscaping will be provided along Airport Road, exceeding the requirements of the zoning ordinance, to improve the corridor appearance. 3. Walkways/sidewalks will be provided on the site to facilitate pedestrian movements internal to the property. Provisions for future extensions to points outside of the property will be made. Page 4 of 5 0 April 30, 2007 10 Admiral Byrd Center Rezoning SiLynatures 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 Boards of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, %?41GAla By: C`�iyl Date. Michael J. B el State of Virginia City/County of F,-(2Eq >c To Wit: tIA The foregoing instrument was acknowledged before me this day Of PtA f 20 0`7 by t"i t C i 1 -L S 6 t-n r--t tZ Ll -_ /-/-- g-,-, No Public My Commission expires My Commission Expires August 31, 2009 Page 5 of 5 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924 1999) 7 S 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA O. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540-662-3200 ROBERT T. MITCHELL, JR. FAx 540-662-4304 JAMES A. KLENKAR E-MAIL lawyers@hallmonahan.com STEVEN F. JACKSON May 23, 2007 DENNIS J. MCLOUGHLIN, JR. Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 M AY 2 4 2007 PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604-0846 Re: Admiral Byrd Center (Bermel) Proffer Statement Dear Mike: I have reviewed the above -referenced Proffer Statement dated February 5, 2007. It is my opinion that the Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. In the "REZONING" heading on the first page, the requested rezoning should be stated (M-1 to B-2). 2. The staff should determine whether Paragraph I (Airport Road) of the Transportation Enhancements proffers constitutes a satisfactory proffer and whether the improvements to be made are sufficiently detailed. 3. In Paragraph 1 of Conunercial Land Use proffers, the staff should determine whether the proposed construction materials are satisfactory. Also, it should be clarified what is meant by walls and rooflines "which face public streets", considering that the total tract is bordered by public streets. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy May 23, 2007 Page 2 4. Paragraph 2 of the Commercial Land Use proffers makes reference to a Generalized Development Plan for the Airport Business Center. It would appear that this property is to be developed in accordance with that GDP. If so, there should be a separate proffer that the property will be developed in conformity with the Generalized Development Plan for the Airport Business Center. In any event, it should be noted that there is no proffer which conunits to a general development plan for the property. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing comments, please contact me. Very truly yours, Robert T. Mitchell, Jr. RTM/ks Tim Stowe From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Ot: Monday, April 09, 2007 10:50 AM timstowe@stowecompanies.com Cc: Ingram, Lloyd; Eric Lawrence Subject: RE: Admiral Byrd Center TIA Tim, We have completed the review of your revised TIA (revised March 28, 2007) and we concur with your TIA's conclusions. Should you require additional comments, please contact me. N Lloyd Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinbuag Residency — Laird Development 14031 Old Vallee/ Pike Edrnburg, Virginia 22824 Phone #(54.0) .984-5611 Fcf(540) 984-5607 } I =rom: Tim Stowe [mailto:timstowe@stowecompanies.com] Sent: Friday, April 06, 2007 9:13 PM ro: Ingram, Lloyd Subject: Admiral Byrd Center TIA loyd, wanted to check in with you on this project. When we spoke last Friday you were going to try to get me going this week. I know ve missed that target, but can we get it cleared by Tuesday? Fhank you for your assistance. rim Stowe Fhe Stowe Companies Vorking together works!) • 1 /1 r? /')nn r • Rezoning Comments • Frederick County Department of Public Works Mail to: Hand deliver to: Frederick County Dept. of Public Works Frederick County Dept. of Public Works Attn.- Director of Engineering Attn: Director of Engineering 107 North Kent Street County Administration Bldg. Winchester, Virginia 22601 107 North Kent Street (540) 665-5643 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their revie'.v. a cony of yot,r aphlic«tioil l'orm, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Admiral Byrd Center, LLC Mailing Address: 10550 Marbury Oakton, VA 22124 Telephone: 703-568-9100 • Location of property: On Airport Road, directly across from the Winchester Regional Airport. Current zoning: M 1 Zoning requested: B2 Acreage: +/_ 11 A rtment of Fublic Work's Comments: Vf 'e jC) .A<t 0 Notice to Dept. of Public Works - Please Return This Form to the Applicant • Rezoning Comments Frederick County Sanitation Authority Mail to: Fland deliver to: Frederick County Sanitation Authority Frederick County Sanitation Authority Attn: Hn�inccr Attn- Engineer P.O. Box 1877 315 Tasker• Road Winchester, Virginia 22604 StC(111Ct1s City, Virgnu,t 040) S68-106 I Aptllic:►nt: 1'Ic�:lxc fill out lltc inliir-nt;tlirru a:::u•rur'-arly :rs: •�!,� , il,) , . � ,,,-c!c•r to :rc�:i�a �':�• — `'rrrll:lt,t,t! Applicants Milne: Admiral Byrd Center, LLC T(-1cplion .: 703-568-9100 Mailing Address- 10550 Marbury Oakton, VA 22124 — • Loc'rttr111 ()I'pr-op riy: On Airport Road, directly across from the Winchester Re Tonal Airport. --- • C'urrcnt Zoning- M1 _ - %ortirtcy re ucstcd: 132 _ Here:rgc: +/- 11.4 Sanitation Authority Conliments: Sanitation Authority Signature & Date: Notice to Sanitation Authority - Please Return This Form to the Applicant 7'd PPPP-QQ7-LInJ Tema, inn moo,in i, . , _I.-.. .__ __ • is • Rezoning Comments }+rederick-Winchester Service Authority Mail to.- Hand deliver to: Fred -Wine Service Authority Fred -Wine Service Authority Attn: Jcssc W. Moffett, Executive Director Attn: Jesse W. Moffett P.U. Box 43 107 North Kent Strcct Winchester, Virginia 22604 Winchester, Virginia (540)722-3579 Applicant: I'lease till out the inlormation its :Iccuratcly :Is po."ihle in order to :Issist the i I•re(I-WIIrC Scrvwc Atilho ly \Vitt, Il)ell Icvwl� . o proffer statement. impact .111:c1N'sis, and :111N. o.,!rr; ;>c rtitu :It _r.:atic►n. Applicant's Name: Admiral Byrd Ccntcr, LL_C I elepi)one: 703-568-9100 \I;liiin ` A(! 1V.'.: 10550 11 arhury Oakton, VA 22124 • L,oc:ltion ofpropenv: On Airport RO�Id, cliit;Cliy acloss 'foal tilt Winchester Regional Airp it. �J Current zoning. M1 _ Zoning requested: 132 Fred -Wine Service Authority's Comments: AO e*7 Fred -Wine Service Authority's Signature & Date: Acreage: +/- 11_4 �I �'l1 fob Notice to Fred -Wine Service Authority - Please Return Forin to Applicant • • Rezoning Comments Frederick County Department of Parks & Recreation Mail to: (land dclivcr to: Frederick County Frederick County Department of Parks & Kecreati011 Department of Parks & Recreation 107 North Kent Street County Administration Bldg., 2nd Floor Winchester, Virginia 22601 107 North Kent Street (540) 665-5678 Winchester, Virginia Applicant: 1'Icasc till out thr 111flo ila(iu,ll as :rcdur.:lcly .a'}:::C)o�l s:,!il.',<l ._- i'n (.u�i't rt\':n•rr.tjo- ;ia�s+ts/i:s't+'.[h'tr VIt1itCll" l'CV'\," forlll, location 111:11), ;1lipat alga:`.ik,+::►d.:,f' +• - — �i.'1 illis if inforlatatif) n. Applicant's Nan,c: Admiral Byrd Center, LLC Mailing Address: 10550 Marbury Oakton, V.A. 22124 I'cichl x>nc: 703-568-9100 Location o('property: On Airport Road, dire__ctly across from the Winchester Regional Airport. Current zoninb: M1 %otung requested:.Q2 ..-_-_- Acreage: +/- 11.4 Department of Parks & Recreation Comments: � Pks. & Rec. Signature & Date: • Notice to Department arks & Recreation - Please Rcturn 'This Norm to the Applicant • • November 21, 2005 Mr. David Lellock Urban Engineering & Associates, Inc. 600 Pegasus Court, Suite 101 Winchester, VA 22602 COUNTY of FREDER.ICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RI;: Request for Historic Resources Advisory Board (HRAB) Comments Admiral Byrd Center Rezoning; PIN# 64-A-40I Dear Mr. Lellock: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact •historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies this property as being located within the study area of the Second Battle of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely; Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • • Rezoning Comments Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport Winchester Regional Airport Attn: Executive Director Attn: Executive Director 491 Airport Road 491 Airport Road Winchester, Virginia 22602 (Rt. 645, off of Rt. 522 South) (540) 662-2422 Winchester, Virginia Applicant: Please fill out the information as accura*Py as possible in order to assist the ` i11chester Beg1011al A1ij-c rt w'th t !C tT 1"eJl;.`,'. r... location.map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Admiral Byrd Center, LLC Mailing Address: 10550 Marbury Oakton. VA 22124 Telephone: 703-568-9100 Location of property: On Airport Road, directly across from the Winchester Regional Airport. Current zoning: M 1 Zoning requested: B2 Acreage: +/- 11.4 Notice to Winchester Regional Airport - Please Return Form to Applicant :7 • WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 December 5, 2005 Dave Lellock, P.E. Urban Engineering & Associates, Incorporated 600 Pegasus Court #101 Winchester, Virginia 22602 Re: Rezoning Comment --= M1 to 132 Admiral Byrd Center, LLC Shawnee Magisterial District Dear Mr. Lellock: The proposed rezoning request for Admiral Byrd Center to a B-2 zoning would be considered compatible with airport operations except for any Day -Child Care Faci►ities. We respectfully request the applicant give consideration to include that type of use under prohibited uses. • Allowed uses under B-2 zoning should not impact business operations of the Winchester Regional Airport and any special requirements during the development phase will be stated upon review of the site plan. Thank you for the opportunity to review this rezoning request. Sincerely, S. R. Manuel Executive Director • • 0 • Administrutrvc A.;yicitant to the suporintondont Mr. Mic;liael J. Bcrmc) Admiral Byrd Center, LLC 10550 Marbuly nakton, VA 22124 Dear Mr. Bern iel: Frcdefick County Public Schools Visit us at www.(nd(,rick.kIZvn_uti December 14, 2005 0 mail: kaptw,,is; 1)frt•dcrirk,kl2.vij_uh RE: Rezoning Comments for Rezoning Proposal • This letter is in response to your request for comments concerning the; rezoning application for the proposed property located on Airport Road, directly across from the Winchester Regional Airport. Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Respecti'ully yours, Stephe Kapocs' Administrative Assistant to the Superintendent SMK/dkr cc: William C. Dean, Ph.D., Superintendent oi'Schools Al Ofndorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation 540-602-3889 P:xt 112 -14'15 Amherst Street, Past Office Box 3508, Winchester, VA 22(M-254,6 FAX 54()-�2-3890 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TO: Tim Stowe FROM: Michael T. Ruddy, AICP Deputy Director RE: Preliminary Points — Admiral Byrd Center Rezoning DATE: April 17, 2007 • The followingpoints are offered regarding the Admiral Byrd Center Rezoning P g g Y g application. Please consider them as you continue your work preparing the application for submission to Frederick County. The comments reiterate the input I have previously provided in several meetings held regarding this application. • Admiral Byrd Center Rezoning — Preliminary Rezoning Notes. Please ensure that all review agency comments are fully addressed. The Frederick County Comprehensive Policy Plan identifies the general area surrounding this property with an Industrial sand Use Designation. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. The property is located directly across from the Winchester — Frederick Regional Airport. Therefore, this property should be considered as a gateway site and the development of the property should be of an appropriate standard and design. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • Admiral Byrd Center Rezoning — Rezoning Comments April 17, 2007 Page 2 Transportation. Access management, entrance locations, and inter -parcel circulation and access should be a greater consideration. Omitted from the transportation program are any additional accommodations for pedestrian circulation that would provide access internal to the project and ultimately to the adjacent developments. Airport Road is identified as a major collector road. Sufficient right-of-way should be available to achieve this ultimate typical section. Proffer Statement. Generalized Development Plan. The Generalized Development Plan is the tool that the applicant could use to clarify any cormnitments made as part of the rezoning application. However, a GDP is not included • in the Applicant's Proffer Statement. It is recommended that the applicant provide a Generalized Development Plan. The Generalized Development Plan should be general in nature but address key elements of the development of the site. In general, there may be an opportunity to revisit the GDP and provide for a design and layout which provides for an enhanced design and development. flthPr Suggest implementation of corridor appearance guidelines on the major collector road. This could be done through the thoughtful design of landscaping, signage, setbacks, building location and form, building orientation and screening of loading bays and utilities etc. The types of uses and the balance of uses should be evaluated and limited to ensure that the goals of the Comprehensive Plan are addressed. MTR/bad 0 Impact Analysis Statement Admiral Byrd Center Frederick County, Virginia Shawnee Magisterial District Tax Map Parcel 64+A+40I 11.4 Acres (To Be Rezoned) Total Site Area 23.5049 Acres April 30, 2007 Michael J. Bermel 10550 Marbury Road Oakton, VA 22124 Prepared By: Stowe Engineering, PLC 220 Serviceberry Court Stephens City, VA 22655 Contact Person: Tim Stowe 540-336-0656 April 30, 2007 0 0 Admiral Byrd Center • • Introduction The purpose of this Impact Analysis Statement is to assess the impacts that may result froin the proffered rezoning of a portion of the 23.50 +/- acres, tax parcel 64 ((A)) 40I, owned by Michael J. Bermel. The applicant is petitioning the Frederick County Board of Supervisors to rezone 11.4+/- acres of the tract from its current zoning of M-1 (Light Industrial District) to B-2 (Business -General District). This rezoning is being requested to allow the development of the Admiral Byrd Center, a project that will provide convenient support services to employees and visitors of the Winchester Regional Airport and other businesses in the airport area. This site is located within the county's Sewer and Water Service Area (SWSA) and within the approved Airport Business Center Master Development Plan. Benefits of Rezoning Approval By approving the requested rezoning, Fredrick County will recognize the following benefits: 1. Measures aimed at supporting Frederick County's economic development efforts by creating a positive first impression to visitors arriving at the Winchester Regional Airport. These measures include enhanced landscaping areas along Airport Road and high standards on the architectural building materials that will be used. 2. The project will help the regions economic development activities by making a positive first impression for business travelers. 3. The developer of Admiral Byrd Center is aware of the county's limited supply of land zoned M-1, light Industrial. Therefore a limit has been placed on the uses in this rezoning area so that at least 60% of the uses will be those allowed in both M- I and B-2. 4. Convenient support services will be developed to serve the airport, its surrounding businesses, and visitors, thereby reducing the vehicular trips to service destinations outside of the airport community area. Stowe Engineering, PLC Page 2 .�r� air IiE0ER1CK COUNTY DATE � � _ � '�� j .'� : `' :;•: ,•�� `� ,y NNG .. ;%'+%'%.�, , } •'J.. , ' �`��W!'`. :`,`mot`,�`�`� �........... : ''.^-':.,, ....PLAN DEPARTMENT _ - �— - _j;- ... -'•f ,.,, E1NQ ZONING: A-2 --�__ _ _ _ �a .; -,'"" �...,_ I�I i FREDERICK COUNTY DATE .. 1.1 ANHIN,: Ct!pMl'..;,ION - , .y,,y,� • , � `: , •,�, ��+' •,r 1 11 I 11,1 Illt'A ,:ttNNl Y X. , - - � .(. .', •,, T-•�� � ''� �:,' . AIE . 17'553ir. t ' it \ d i„ ": :T:' t;cY,t „• , U, +A, u . • 11.1 IIVL'atl lt: _ - O . 1 - -- !::•� `: , _ _ h•� �� , TREE BUFFER REODFib 'a - mil. N I _ - .r. ' : 1' •: ;- _ - ;�;:',:':•:•?�y;;} z r:::;;;:;. ! 1 e`.l n I'j ,I (Proposed Airport Ter `-` ,`,•''.'Xd` Project Hop (D _ I ( j 3+os t tr t ff, < u1 >: L ; h_• 1, 1 Lot N i>y I I d 1 `'`, f � -r, , Y , �.I l . 65 Existing IA -I 'tt1 I r - r:v;•; ri ON I�TIONAL ��L T _ PROPOSED T - I i �I OFFICE =_:°° 1 N \ rnlG B 2 — -- f IX I cXISM.1 R WAC EXI T'` % —_ —__-- -- - — _ -- - - 7r:.r-�- — z'x IV \ �JE: 50',7tA=FER �� ` —t-1 PHASE iNO FOfJA(#aEMilli!�rt -`> OR TYPICAL ROAD a UTILITY 1 ,�,_ W r \ �� I 7 SEE ATTACHED SECTION. ,rTRd'.t PF1CAFiTRCIN - \\l \,� %%. ,Fo` �t � �4 / ,� P,�N•[unl•iiw;carw,wY / ! .� I , \ � o�, , i i �''�' . TRq, SMISSION LINE A Qy`Q[ t e EX1$T1Nr. M-1 \ 24'PAVEMENT LIGHT a IND STRIAE ��r? pn `/ i ?,-'�'r �- —v j �.. . ` �• j �C/ \l0 / � 4 � 1 /� :�_ �-r--.---- � \ �7/j ��(F� ..\ f ��� � / �.� / , �• � I T ►r • / / .. r J 1 PHUPOSED SIGN - - _ >A a t , i \ --.` � \ - = p,9 1 �c _ \ GI \.,\ / / O r /r.EWTU•iG WOODIANcS i PROPO$EO SIGN / _ \�, r�K^ \ .N-�IE, _ .. \ , 1 •' �. �.r:, .FIRE NVDR LOCATIiM] '�\ , - •`� J 1 ATE. 522 UPGRADE PROJECT O \ �+C TO RE ADJ ED TO MEET Q1� My Y vRD a n \ SMP \ PHASE. EOUTAEMEII AT slre4jt A�1.:AOPRO -F I _ �ala�sa aura �'�w � ,�'"� �' ~-.-- _-�-�F�� _ � ` .\ I PHA 1 a' l ' 1 `^,� ? - J� 1' ' • °��1 • d.; - ��TUR4L � / { \ _,_4"� L 1 Z ' '•C? t'� +'— ;EXISTING ZONING: RP `a1o. ,Fgq qR � /J T - an A�aFi u a 1 f ak L ,� i1 1 Ili Indicates Evergreen SreenirYg � indicates Zoning line r may, , - I i ' �112s•-.:�r/v+ � n _. . intli/,atas Prase Line � '�` �-�, � � mat; t --__ - I IM,c acts J, 7,126_C -i]6G .�.,tdGS � w,�.,....�.•_'-'''�'r+'�•" � f `ttE - rar owm indicates Proposed Bldg Location Y •N I�)I` Ei Q F�� y S indicates Proposed Storm Ma' • xY :".a;,, .', _ � ement Pond �N � � �� Q -_ _ .- c 1' r' F r . Yrcwlrr AC-raov.rau � •i !'--!� indicates Proposed Sanitary Sewer Lme �' t - /T3twe� IYPICAL ROANDotesoY RY c �--- O_O_O Indicates EXisti sting Sanitary Sewer Line indicates Butter Area EXISTING ZONING: RP _i IW FULL 1; O'TAPER ;I %! 17 U 2WLCFr IURNLANE I'� � • w• ^ , +ndi<alte Fueu n � � - I t�erj,1;�� ���,. . I ' \ o� \`< Y I Ind.eafa•. F,o� Hro t ur Anemhke, - �T; ! %-.nd.uYle<. ti:•x l Ian dI ..- Y'I"E _ ti (y I I r• 12' -- ---- -_ - d� .. - } �• 1 `.\ �— _ „ - - — IPoshibl� FUW, -'p s d_entlal) -- — - ..___ I O IR ENVIRONMENTAL RE EMENT -- a !^s TOTAL % s J lr 550' �Q I ACRES DISTURBED so RTr ,22 ROAD IIviPRGVEPaE1JT, tby -VDH a T1 FLLOOPLAINS 2s e Scale: I=iO--' -—"_----= I LAKES a PONDS _4 —IF-- WETLANDS a •• 7\ d _ Indicates Existing Farce Main - o gry!W���- •A e. NATURAL STORMWATER p"�-��—!— STEEP SLOPES a EXI$TfN�a�Z-�>tviN'L:C , WOODLANDS 149 20 REVISIONS job no. a ZONED M-1 261.134 AC., • 4.626 Ac _ 265-760 Ac ZONED RP 45.1'43 Ac. 45.143 Ac. ' no date &sciiption by ckd, da!: ZONED 8.2' r"'17133 Ac. 17.637t1Lc. AIRPORT BUSINESS CENTER i scale •)j -�.-. 1987 ZONED A-2 _ - 21.111 Ac. 21.111 Ac. - April 30, 2007 Admiral Byrd Center • Parcel Information Location: South side of Airport Road directly across Airport Road from the Winchester Regional Airport terminal building. Magisterial District: Shawnee District Property ID Number: 64 -A-40I Current Zoning: M-1 Light Industrial Current Use: Unimproved Proposed Zoning: B-2 Business, General District on 11.4 acres of 23.50 acres Proposed Use: Commercial (Retail service and Office) Total Rezoning Area: 11.4 acres • Approved MDP: Airport Business Center 0 Stowe Engineering, PLC Page 3 April 30, 2007 • Admiral Byrd Center • Comprehensive Plan The Frederick County Board of Supervisors adopted the 2003 Comprehensive Policy Plan on January 8, 2004. The Eastern Frederick County Long Range Land Use Plan contained in that document shows the subject site with an industrial land use designation. A significant portion of the plan is dedicated to future land uses in three primary business corridors. The subject parcel is located in the Route 50 East Business Corridor and is shown on the Route 50 East Future Land Use and Present Zoning Map as being surrounded by areas of proposed office/industrial and proposed business/office land uses. The subject parcel also lies within the designated Airport Support Area, an area where business and industrial uses are slated to be the primary uses. Issues of stormwater management, transportation, landscaping and signage have been identified as key elements of development in the Route 50 East Business Corridor. The applicant has proffered conditions that demonstrate the property will be developed in a fashion that addresses these and other items, and is in conformance with the • Comprehensive Policy Plan. Site Suitability 100 Year Flood Plains This site is located within Flood Zone "C" (Areas of Minimal Flooding) as shown on Flood Insurance Rate Map of Frederick County, Virginia, community Panel Number 510063 0115 B, Effective: July 17, 1978. Wetlands Based on US Fish and Wildlife Service's National Wetlands Inventory, there are no mapped wetlands located on this site. If needed, a more detailed review and study will be • performed on the site prior to site plan development. Stowe Engineering, PLC Page 4 r-1 U • 0 O�QOD�fl00 FUTURE LAND USE AND ZONING MAP STOWE ENGINEERING, PLC Admiral Byrd Center Frederick County, VA 220 Serviceberry Court Scale: not to scale April 30, 2007 Stephens City, VA 22655 540.336.0656 April 30, 2007 Admiral Byrd Center • • • Steep slopes Based upon the contour mapping contained on the Frederick County, VA online mapping, there are no slopes steeper than 15% on this property. Mature Woodland Based upon visual inspection and the US Department of Agriculture Soil Conservation Service data, there are no areas of mature woodlands on the property. Soil Types Based upon the US Department of Agriculture Soil Conservation Service data, map 42, the following soil types exist on this tract: 9B — Clearbrook channery silt loam, 2 to 7 percent 41 C — Weikert-Becks channery silt loams, 7 to 15 percent The Clearbrook channery silt loam is located throughout the majority of the property with the exception of the northeast corner where the Weikert-Berks channery silt loam is present. Wetness and depth to rock are properties that should be monitored during development. These soil properties are consistent with those developed areas in the vicinity of this property. Stowe Engineering, PLC Page 5 1 0 0 o/ 1 i - o< X T CLEARBOOK e PQ z SOILS MAP STOWE ENGINEERING, PLC Admiral Byrd Center Frederick County, VA 220 Serviceberry Court Stephens City, VA 22655 Scale: I" = 500' February 6, 2007 540.336.0656 April 30, 2007 . Admiral Byrd Center • • J Surrounding Properties Adjoining property zoning and present use: North: Zoned M-1, Light Industrial Zoned B-2, Business — general district South: M-1 Light Industrial East: M-1 Light Industrial West: M-1 Light Industrial Transportation Use: Winchester Regional Airport Use: Pegasus Business Park Use: Vacant, general Warehouse/Office Use: Vacant Use: Warehouse The 11.4 acre Admiral Byrd Center project will front on Airport Road (Route 645) and will be accessed from a main entrance on Airport Road and two secondary entrances on Admiral Byrd Drive, one at the east end of the project and the other at the west end. Airport Road in this area is currently three lanes wide with a shoulder and ditch on the side of the subject property. A Traffic Impact Analysis Study (TIA) has been prepared for the Admiral Byrd Center by Stowe Engineering, PLC, dated March 28, 2007 (revised from October 12, 2006) which is included as a component of this Impact Analysis Statement. The TIA assumes a total build -out of 62,000 square feet of specialty retail, 158,000 square feet of general office building, and a convenience store with four fueling stations. The TIA provides a Level of Service analysis for the AM and PM peak hours as well as Average Daily Traffic volumes (ADT) for existing, background, and build -out conditions for the project. The TIA studies existing intersections with Route 522 and Route 50. The TIA also looks at the capacity of the round -a -bout at the intersection of Airport Road and Victory Drive. The improvements proffered by the Russell 150 project were considered in the evaluation of the intersection of Route 522 and Airport Road, resulting in acceptable levels of Stowe Engineering, PLC Page 6 • • RP RP �t // wio Qo y ❑ �4a a Qm � ❑ N a Q (1 0 O E? Nr V f LJ ji 4 L� N A � N A n N v A � V1 + 4t RP ❑ i ZONING MAP STOWE ENGINEERING, PLC Admiral Byrd Center Frederick County, VA 220 Serviceberry Court Stephens City, VA 22655 Scale: l: = 500' February 6, 2007 540.336.0656 0 April 30, 2007 0 is Admiral Byrd Center • service. However, the intersection of Victory Drive and Millwood Pike (Route 50) reported a level of service F without a traffic signal, and a level of service C with a traffic signal. Therefore the developer has proffered to participate in the cost of a traffic signal at this location. Walkways/sidewalks will be incorporated into the site to facilitate pedestrian movements internal to the property with provisions for future external extensions. Sewage Conveyance and Treatment The Admiral Byrd Center project will be designed to ensure that all structures are served by the existing public sewer system in the Airport Business Center. All wastewater flowing from the project will be conveyed to an 8" sanitary sewer line located on the property. The wastewater collection system in the vicinity of the project is owned and operated by the Frederick County Sanitation Authority. Wasterwater collected from this • property will be conveyed via FCSA lines to the Parkins Mill Wastewater Treatment Plant. The plant's current hydraulic capacity is 2.0 MGD (million gallons per day). However, approvals have been given to expand the plant to 5.0 MGD with construction to be completed in 2010. • The impact of this rezoning will result in a marginal increase in the wastewater flows that will be generated. The figures below represent the flows that are anticipated from this project at total build -out. Q = 0.20 GPD per net square foot Q = 0.20 X 189,500 net square feet Q = 3 7,9 10 GPD projected at total commercial build -out Note: net sq ft calculated as 85% of gross sq ft. All wastewater infrastructure will be designed to meet the standards and specifications of the Frederick County Sanitation Authority. Stowe Engineering, PLC Page 7 April 30, 2007 0 • Admiral Byrd Center • Water Supply pp Y The Admiral Byrd Center project will be designed to ensure that all structures are served by the existing public water system in the Airport Business Center. All buildings will be served from the 8" water main that encircles the property. The water system in the vicinity of the project is owned and operated by the Frederick County Sanitation Authority. Water distributed to this property will be provided via FCSA lines from the James H. Diehl Filtration Plant currently treats 4.0 MGD with capacity to treat up to 6.0 MGD. The impact of this rezoning will result in a marginal increase in the water usage that will be consumed. The figures below represent the flows that are anticipated from this project at total build -out. Q = 300 GPD per 1,000 net square foot Q = 200 X 189,500/1,000 net square feet • Q = 56,850 GPD projected at total commercial build -out Note: net sq ft calculated as 85% of gross sq ft. • All water infrastructure will be designed to meet the standards and specifications of the Frederick County Sanitation Authority. Drainage The primary drainage feature for the 11.4 acre rezoning area is the existing storm drainage system that the site currently drains to. This drainage system, located along Airport Road, will convey site runoff via a natural drainage way to a regional Storm Water Management Facility, and ultimately discharged into Buffalo Lick Run. Stowe Engineering, PLC Page 8 April 30, 2007 40 • Admiral Byrd Center • So lid Waste Disposal Facilities Commercial collection of solid waste from the Admiral Byrd Center project is planned. The impact of this project to the Frederick county solid waste disposal facilities has been projected based on an annual landfill consumption rate of 5.4 cubic yards per 1000 sq ft of structural floor area for businesses (Civil Engineering Reference Manual, 6"' edition). The following figures show the increase in average annual volume based on the planned 223,000 sq ft of gross floor area. AV = 5.4 Cu Yd per 1,000 sq. ft. AV = 5.4 Cu. Yd X 223 (1,000 sq ft) AV = 1205 Cu. Yd. at commercial build -out (= 844 tons) The Municipal Solid Waste area of the Regional Landfill has a current remaining volume of 13,100,000 cubic yards of air space. The Municipal Solid Waste area of the Regional Landfill currently receives on average 200,000 tons of solid waste per year. This project • represents a 0.6% increase in the waste flow to the regional landfill. Since private haulers will be used to transport the solid waste to the landfill, a tipping fee will be received to offset the impact of this additional waste. Historic Sites and Structures According to information obtained from the National Register of Historic Places and the Virginia Division of Historic Resources websites, there are no historic sites or structures on the parcel to be rezoned or on adjacent parcels. Impact on Community Facilities Educational Facilities The Admiral Byrd Center project does not have an impact on the educational facilities • since there are no housing units in the project. Stowe Engineering, PLC Page 9 April 30, 2007 49 • Admiral Byrd Center • • Police Protection The Admiral Byrd Center project will be provided police protection by the Frederick County Sherriff's office. While this area is currently patrolled by the Sherriff's deputies, it is recognized that additional patrols may be needed upon full build -out of this project. Fire and Rescue Protection The Admiral Byrd Center project is located about 1.5 miles from the Millwood Station Fire and Rescue Company. This proximity should allow for adequate response times. Additionally, the existing public streets around three sides of the site, and the planned access to the rear of the site, will provide emergency access to all parts of the project. The existing fire hydrants surrounding the property will provide fire flow as needed. Parks and Recreation No impact to the parks and recreation facilities is anticipated. Solid Waste Disposal As previously described, it is estimated that this project will generate 1,205 cubic yards of solid waste annually. This waste will be transferred to the Regional Landfill by private haulers, who will pay a tipping fee to offset this impact. Other Government Activities No other impacts are anticipated. Stowe Engineering, PLC Page 10 • Traffic Impact Study ADMIRAL BYRD CENTER Frederick County, Virginia October 12, 2006 Revised March 28, 2007 Prepared for Michael Bermel • 10550 Marbury Road Oakton, VA v TIMOTHY S. STOWE 1 No. 21924 AL Prepared by Stowe Engineering, PLC 220 Serviceberry Court Stephens City, VA 22655 Phone 540.336.0656 0 Proj 4 1024 r flc/rnirrt-t•ci (.'t;t1iC1' "f;•trJ/ic• Its?I,�rc � .`+rttc.(i 0 Executive Summar y Stowe Engineering has prepared this report to present the traffic impacts associated with the Admiral Byrd Center project. The project is located in Frederick County, Virginia near the Winchester Regional Airport, and involves the development of 11.4 acres into a commercial/business center. Traffic analyzes have been prepared for the 2006 existing, 2008 background, 2008 build -out and 2008 improvement scenarios. A traffic signal will be required at the intersection of Rte 50 and Victory Road to mitigate the combined impacts of traffic associated with this and other projects, and provide. The traffic impacts associated with the Admiral Byrd Center project are acceptable and manageable with the installation of a traffic signal at the intersection of Rte 50 and Victory Dr. 11 0 a AdtnirrW-41 Center 7ru%jic ]i111.)(rcl ,g"irrdl; low 'ROW • 0 Table of Contents Executive Summary l . Introduction 1 2. Existing Roadway Geometry 4 3. Existing Peak Hour Traffic Volumes S 4. Background Traffic Conditions 8 5. Traffic Projections for Proposed Development 11 6. Projected Trip Distribution 12 7. Peak Hour Summary of New Trips 12 9. Total Peak Hour Trips at Build -out 17 10. Summary of Problems that will be Caused 17 11. Recommendations to Mitigate Impacts 17 13. Conclusions 19 List of Figures Figure 1 Project Vicinity Map Figure 2 Site Location Map 2 Figure 3 Existing Zoning/Land Use Surrounding the Project 3 Figure 4 Existing ADT and AM/PM Peak Hour Traffic Volumes 6 Figure 5 Existing Lane Geometry and Levels of Service 7 Figure 6 Background ADT and AM/PM Peak Hour Traffic Volumes 9 Figure 7 Background Lane Geometry and Levels of Service 10 Figure 8 Trip Distribution Percentages 14 Figure 9 Development Generated Trip Assignments 15 Figure 10 Build -out ADT and AM/PM Peak Hour Traffic Volumes 18 Figure 11 Build -out Lane Geometry and Levels of Service 19 Figure 12 Improvement Lane Geometry and Levels of Service 22 'Idmir'cs:rcl Outer Th4ph, hnlni l :Sindi, • 1.Introduction • • The Admiral Byrd Center project is located in the Frederick County, VA directly across Airport Road from the Winchester Regional Airport. The project fronts on Airport Road (Rte 645) and involves the construction of an 11.4 acre commercialibusiness /retail center along with the associated internal streets, parking, utilities, and drainage systems. A project vicinity map is shown in figure I and a site location map is shown in figure 2. • y � i TM \\P •, i��• � ��..w.rur i Project v Location i l`_J Not to scale Figure 1 Vicinity Map The current land use on the project site consists of open meadows. Surrounding land uses consist of the Winchester Regional Airport to the north, and a mixture of industrial and commercial developments to the east, south and west. Figure 3 shows the existing zoning/land uses surrounding the project. Page I 0 0 0 Ro�'Poy Fs� �Oi Fi•1((A))40K / 1-1 PROPOSED \\ ZONING LINE Figure 2 Site Map 1-L- 54.98 R = 35.00 37'54' 26"E 37.28 POINT OF BEGINNING WINCHFSTFR REGIONAL AIRPORT 64((A))79; ET AL -N- �s IIII i �e. o-SITE PROPOSED 82 ZONING (EXISTING M1 ZONING) 496.724t SOFT. OR 11.40321 ACRES EXISTING M1 ZONING \ TO REMAIN 527,149.62t SO. FT. OR 12.10169 ACRES 64((A))401 Figure 3 Surrounding Zoning LEGEND 126E TO BE REZONED Nlap Legend Roads ,,,&1 EJ Parcels County Boundary Zoning a, EI 92 03 RY CM HE a1 n �t M2 M141 MS R< IRS RP Page 2 Ic/rnil rd ('cutler Traffic Irnpac•l,Slnc/r, 1* 20 Existing Roadway Geometry • • The existing roadway network in the vicinity of Admiral Byrd Center project consists primarily of Airport Road (Route 645) which is adjacent to the project. At the west end of Airport Road is Route 522, and at the east end of Airport Road is a round -a -bout that cormects to Victory Drive, which terminates at US Route 50. Admiral Byrd Drive (Route 775) is adjacent to and encircles the project area. Airport Road is a three lane roadway (continuous left turn lane) with shoulders and ditches adjacent to the project and a 35 MPH speed limit. Admiral Byrd Drive is a two lane roadway with shoulders and ditches. Route 522 is a 4 lane roadway with a continuous center left turn lane with a 45 MPH speed limit while Route 50 is a 4-lane divided highway with a 55 MPH speed limit. All intersections in the vicinity of the project area are controlled with 2-way stop controls with the exception of the Airport Road — Route 522 intersection which is signalized. The existing round -a -bout at the east end of Airport Road provides for traffic movements through the intersection of Airport Road and Victory Drive. The round -a -bout was designed by the Winchester Regional Airport's consulting engineer, Delta Airport Consultants. According to information provided by the designer, the round -a -bout was designed based on an average daily traffic volume (ADT) of 8100 vehicles in the planning year 2012. The design hourly volume of traffic used in the design was 1155 with 15% trucks. Page 3 'lclr77ir(01"d Center Traffic 1177]xtct �5'rucly • • • 3. Existing Peak Hour Traffic Volumes To identify the peak hours and day of the peak hour, 24 hour count data were obtained through machine counts at two locations on Airport Road; one count station was placed east of the proposed project location and the other was placed to the west. Traffic volume data was counted in 15 minute increments from Monday July 10, 2006 until Friday July 14, 2006. A summary of this data can be found in Appendix A. Frorn Tuesday, July 11, 2006 through Wednesday, July 19, 2006, manual turning movement counts were collected at six intersections in the project area as shown in Figure 5. A `k' value (PM Peak hour volume divided by ADT) was computed to be 0.10. This value was applied to the PM peak turning movements to compute the ADT. The existing peak hour turning movement counts are shown in Figure 4 and the existing lane geometry and Levels of Service are shown in Figure 5. The HCS reports are contained in Appendix B. Page 4 J • °N 645 � O^`P�\ /0J 1( 2B/7y of �► 60,�/o �0 al 1 sopo�io �� 3l J ~ 0, ) 775 ��sl�,1 a •\ � 6r ois/'�s \ so9 I ry` 522 5 �10 `'' 728 ° ,`� 50 17 1092 645 1000 o LL \ 775`..,// 1092 �. N 50 �� N� M N 4 ~ 79(135) 728 'o n^f68(161) + 1 ! 645 645 a � S/2JeSJ�► � 6�/7 o e v 99J?J a / 775 0� AM Peak Hour PM Peak Hour -Average Daily Traffic NOT TO SCALE Figure 4 Existing 2006 ADT and AM/PM Peak Hour Traffic Volumes Traffic Impact Analysis for Admiral Byrd Center October 4, 2006 Page 5 0 • 0 0 0 645 pLP, sy� �i 50 17 3 a 775 P \ f?x 522 726 3 \ M��,• ���� 50 0� 17 �� `•.� \ b.�°;i 1092 rr 645 \ '', �•,. 1000 o � 775 �� i ••��� 1092 c �. Signalized ✓ 50 Qintersection LOS = A(B) 17 N m 726 r C(C) �o t645 645 raa a�c� gjgJ` aa" � Q`P zc 775 P� AM Peak Hour(PM Peak Hour) NOT TO SCALE Figure 5 Existing 2006 Lane Geometry and Level of Service Traffic Impact Analysis for Admiral Byrd Center March 28, 2007 Page 6 0 0 AtIn ircW-cl Center Traffic Impact Sindv 0 0 4. Background Traffic Conditions in Design Year In accordance with direction received from the VDOT Edinburg Residency office, the existing traffic on all roadways was grown at 5% per year to the anticipated full build -out year of 2008. Background traffic volumes for the 2008 are shown in Figure 6 and lane geometry and level of service are shown in Figure 7. These background volumes include traffic that will occur as a result of the nearby Russell 150 development project. The traffic volumes associated with that project were obtained from the Traffic Impact Analysis of the Russell Farm prepared by PHR+A, PC and dated November 1, 2004. Table 1 Trip Generation Summary for Russell 150 project AM Peak Hour PM AM Peak Hour PM Peak Hour Ave. Land Use Code Amount Daily In Out Total In Out Total Trips Background Development - Russell 150 (from PHR+A TIA - Russell Farm, dated 1111104) Townhouse/Condo 230 294 2558 21 102 122 98 48 146 Retail (per 1000 sq ft) 820 440 17802 232 149 381 799 866 1666 Office (per 1000 sq ft) 710 264 2,817 359 49 408 64 311 374 TOTAL 23,177 612 300 911 961 1,225 2,186 10% using Airport Rd per PHR+A Traffic Analysis 2318 61 30 91 96 123 219 In addition, the improvements proffered in association with the rezoning of the Russell 150 project are shown as a background condition. These improvements are described in the approved proffer statement as follows: "...The applicant shall install full intersection improvements at the Front Royal Pike (Route 522) and Airport Road Extended intersection as warranted by VDOT." The improvements shown on the Generalized Development Plan include an extension of Airport Road as shown in Figure 6. The aforementioned traffic impact study reflects a lane configuration and signalization as shown in Figure 7. Page 7 • • • 61\ 645 O 5�1 50 1 7 fj t 17 \yl ,O9 7�OJ ` Y I 775 �1�L`t1 •�j�ti si �d T 522 ry�l \ � • 728 a�l Ol�i 2B/4 afio h a 50 17 1092 J \ \F 76 0 645 •\� \� 1000 `. 775 c _ \ \ 1092 50 o 17 � N Note: N o improvements and 87(1g9) 728 additional volumes ~ 59(86 'o shown at the 99(58g r 77 188) 645 �bl l a ntersection of Rte 20(118 R 645 0� �6 w 522 and Airport Rd 40 ) `► 1 S° are from the (235)� S�?/�6yJ 6. p o Russell 150 TIA a, 1� �2 �23 l Report and proffered 2 improments. J► r J 775 ryo` ^rye^�.�.w 1b` L AM Peak Hour PM Peak Hour DailyAverage NOT TO SCALE Figure 6 2008 Background ADT and AM/PM Peak Hour Traffic Volumes Traffic Impact Analysis for Admiral Byrd Center January 12, 2007 Page 8 • r� • • o� 1645 P 50 17 ac°¢ R J`('," 775 0� �i 97r9 C`' •f;� 522 726 o X1 50 17 1092 0 645 ' ,.�-7 1000 1 r• j \ 775 1092 Note: Signalized 50 improvements and additional Q intersection LOS = B(C) 17 N volumes shown at ✓:1 the intersection of L C(C) 726 Rt.522 and r Airport Rd are from the Russell —W 645 C(C) tt 645 e� rec a� = m 150 TIA Report 1 e qqJ ` `P1 and proffered improments. 2 ti J 2 m� 775 `P P AM Peak Hour(PM Peak Hour) NOT TO SCALE Figure 7 2008 Background Lane Geometry and Levels of Service Traffic Impact Analysis for Admiral Byrd Center March 28, 2007 Page 9 • ,'i�./rr�if-c�t-rrl C '<�f7tc�r• %�crf/ic Iiat/>c�c� ;5'lt�d7� �J • • 5. Traffic Projections for Proposed Development Table 2 shows the trips that are forecasted to be generated by this project. Internal capture trips were computed as 15% of the trips associated with the specialty retail and general office land uses. Development of the surrounding property is expected to occur by right and within the existing M-1 zoning as was accounted for in the original Master Development Plan for the Airport Business Center dated June 1987 and revised 4/25/95. The trip generation rates shown in Table 2 were taken from the ITE Trip Generation Manual, 7th edition. Table 2 Trip Generation Summary for Admiral Byrd Center project AM Peak Hour PM AM Peak Hour PM Peak Hour Ave. Land Use ITE Code Amount Daily In Out Total In Out Total Trips Specialty Retail Center (1st floor occupants - 62,000 sq ft GLA) 814 62 2,690 82 89 170 75 95 170 Convenience Market w/ gas pumps (4 fueling stations) 853 4 2,170 34 34 69 38 38 77 General Office Building (158,000 sq ft) 710 158 1,897 238 32 270 43 212 256 NEW TRIPS 6,758 354 155 509 157 346 503 INTERNAL CAPTURE -688 -48 -18 -66 -18 -46 -64 NET NEW TRIPS 6,070 306 137 443 139 300 439 Notes: 1. Where equations existed they were used to compute trips. 2. Since data for ITE Code 814 does not exist for AM 7:00 to 9:00, the 4:00 to 6:00 values were used and in -out percentages adjusted to reflect morning traffic flows. 3. The 158,000 SQ FT of general office includes a 3000 SQ FT bank. Page 10 ,�Icliylirc��v-�i �.e.'11(C'7' "I'rra�fie Im��crc�1,5'�rrcl�- 6. Projected Trip Distribution The method used to distribute the site traffic was based on the existing distribution of traffic on Airport Road, Route 522 and Route 50. The percentages used in this distribution are shown in Figure 8. Traffic assignments at existing intersections were made based upon the existing distributions recorded in the field counts. 7. Peak Hour Summary of New Trips The trips forecasted to be generated by this project are shown in Table 2, and their assigned distribution can be seen in Figure 9. 9. Total Peak Hour Trips at Build -out The total peak hour trips at build -out, including background trips and trips from the Russell • 150 project, are shown in figure 10. The lane configurations and levels of service are shown in Figure 11. • Due to the limited number of existing movements in the round -a -bout (east bound left and south bound right), an HCS analysis could not be completed. However, the peak hourly volume of traffic in the round -a -bout at frill build out of this project will be 685 and the design of the round -a -bout was based on a design hourly volume of 1155. Therefore it is concluded that there is still significant capacity remaining in the round -a -bout and no further analysis has been performed. 10. Summary of Problems that will be Caused The main problem that will be caused by this development is the level of service at the intersection of Airport Road and Route 50 will be F for the northbound movements. Page I 1 • • 27% 1 I ,\ A 25% f�� 7 522 n U 10% ' 0 sas 1°°° \.� P O \ f 31% 775 6 1092 50 17 N (0 728 0 m N 7% NOT TO SCALE Figure 8 Trip Distribution Percentages For Admiral Byrd Center Traffic Impact Analysis for Admiral Byrd Center October 4, 2006 Page 12 0 • • • • 645 f j 17 im t Ss/2/sg1J `► � �l 9JS 775 522 728ti` ~ 70 10 ,_. 1092 645 645 1000 ` 70 V18J QJCO %96J 4 °J 1-11 775 1092 � 50 17 N j 1 34(75 728 i r 14(30) o R 4293 y 31(14) I t 1 645 645 S ��JJ♦1► ti ��� rn i ?s r7 rye\ 775 `L ^ti` AM Peak Hour(PM Peak Hour) Average - NOT TO SCALE Figure 9 Development Generated Trip Assignments Traffic Impact Analysis for Admiral Byrd Center March 28, 2007 Page 13 0 • • �0y`\ 645 SrS 50 0\ 17 30 800r2�s �� 5h`g\ �► s r4SJ J�► •� ,,orrSJ Ssosi d • o J �t a` 775 b � �`'L5\ \ • v z v .y'L5SSSKI s a> 522 •..\...,,``'i•' . 726 60 5�0\ o\� �p6SfJ4 rOJ1� os L.•, A`0 r4�8SJ 50 o"J ^h00\ 17 1092 645 64 1000 20 _ 2 'ooQsJOJ~ o So r,2 r �1r .1- �`9Co 775 •• / 1092 tL. 50 17 N 120(225) 726 75(115) �o 100(590 R (130) y I t 40(235)N 645 645 6,Sr2290/ y\ �1b SJ ti 20 s /ems ` oo` \�► O S.1'0J S0 / J S/90 2 y\/ 775 ti AM Peak Hour PM Peak Hour Average Traffic NOT TO SCALE Figure 10 Build -out ADT and AM/PM Peak Hour Traffic Volumes Traffic Impact Analysis for Admiral Byrd Center March 28, 2007 Page 14 0 • • 1 645 � 50 17 I� sac• t 775 qJ4 522 w C' 728 Oil 3 0 50 00� 17 �.' 1092 i 0 645 645 1000 c 2 "9J 1 1 775 " 1092 50 Signalized intersection 17 m m LOS = B(B) k ^ 728 _.W 645 S(C)y 1 645 r c acee m PAP, O O 775 P� AM Peak Hour(PM Peak Hour) NOT TO SCALE Figure 11 Build -out Lane Geometry and Levels of Service Traff c Impact Analysis, for Admiral Byrd Center March 28, 2007 Page 15 0 • • • �\ ........... 50 Signalized 17 :'.'.':'�'.'��er`�.; intersection 645 LOS = B(B) ... . ..... ~ 775 728 522 '� s qq ,9 50 17 1092 645 1000 0 li 645 0 1 ti 775 �� P 1092 0 4— Signalized mintersection 50 17 LOS = B(C) i m 1 j j � 726 ^ A ► B(c) o _.A' t 8(C) y / 645 t1 645 ! 2 0\ \ � W 775 PAP Q\ P� AM Peak Hour(PM Peak Hour) NOT TO SCALE Figure 12 Recommended Improvements Build -out Lane Geometry and Levels of Service Traffic Impact Analysis for Admiral Byrd Center January 12, 2007 Page 16 s :fclntir��urr((cr�tcr• 7;�.aJlic Iir��x�c� • • • 11. Recommendations to Mitigate Problems To mitigate the problem at the intersection of Victory Dr and Route 50, the installation of a traffic signal and pavement marking for left turn lanes on Victory Dr and at the Perry Engineering entrance are recommended. A traffic signal warrant analysis was rum for the intersection of Route 50 and Victory Drive. The analysis shows the Peak Hour Volume warrant is met. This, combined with the failing level of service in the unsignalized intersection analysis, led to the recommended signal. The developer should participate in the cost of this traffic signal commensurate with the amount of traffic the proposed development contributes to the intersection. 12. Conclusions The traffic impacts associated with the Admiral Byrd Center project are acceptable and manageable. All intersections will operate at an acceptable LOS in the design year 2008. With the construction of a traffic signal and left turn lanes at the intersection of Victory Dr and Route 50, the failing level of service will be corrected. Page 17 mc W� POINT OF BEGINNING L=54.98 SS?. R=35.00 sO�S.3 SITE N37'54'26"E 37.28 0o L=117.98 �lr rye' R=430.00 S37'54'26"W 30.00 S N7673,58" PROPOSED B2 ZONING 405.34 W (EXISTING M1 ZONING) 496,724t SOFT. OR 11.40321 ACRES PROPOSED {_} \ ZONING LINE EXISTING M 1 ZONING TO REMAIN 527,149.62t SO. FT. OR 12.10169 ACRES I �ry E F ZU<. C NL 668 Gy v SHE 7 1 OF SPECIAL WAx�TY DEED S is made as of May 2045, by and between arRPORT BUSINESS THIS DEED as Grantor, and 1�iCHAEL I• as c PARS-' a Virginia limited liability company, aQ Grantee. z WITNBSSETH• a. Ten Dollars ($10•00), cash in hand paid, and That for and in consideration of the sum of $ receipt of which is hereby acknowledged, g the Grantor other good and valuable consideration, the S� > convey, with Special Warranty, unto the Grantee all of Grantor's right, b t and does hereby g� land in the County of Frederick, Virginia, more title and interest in and to that certain parcel of <�,a described on Exhibit A, attached hereto and made a Part hereof p 5 e particularly AI�TD BEING a portion of the property acquired by Grantor by Page 1354, among the land 3 deed recorded in Deed Book 942, at Frederick, Virginia. records of the County of TOGETHER WITH all buildings, fixtures, and other improvements located on said land a an all d right, title, and interest of Grantor in and to any rights, alleys, streets and ways, public and $ easements, privileges, appurtenances and advantages belonging or appertaining y Y. private, waters, 9 thereto HAVE AND TO HOLD the property hereby conveyed to the Grantee in fee x TO > simple. 3 is made subject to easements, conditions and restrictions of record NN i 6 This conveyance insofar as they may lawfully affect the property. '1* a' • 0 0 c.n CD WITNESS t1le following signature anc sea]: AIRPORT BUSINESS PARK, LLC, a Virginia limited) °iabitity company By: n Name,. itle b' N P" E COMMONWEALTH OF VIRGINIA ) CITY/COUNTY OF 1, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that . Cecil Pruitt, Jr., Manager of Airport Business Park, LLC, a Virginia limited liability company, appeared before me in my jurisdiction aforesaid and acknowledged this document on;tst4behal this ;s day of May, 2005. NotaryPu zc � 10 `' c My Commission Expires. . i�� El G? L1 -a EXHIBIT "A„ All the following real estate, together with all rights, rights of way, privileges and appurtenances thereto i�allonging anal sui)lect to al easements and ;.ega .ly eni'orceable restrictions of record affecting such realty as follows: PARC'��L, ONE: Ail of that certain tract of land dlescribed as Pwc al & % on�the Business Park, containing 23,5049 acres, and described as -Beginning way; thence S 43- south side of the VA Secondary Route 645 (Airport Road) right-of-way; _ 08-2412. 60a1.78 feet to a point; thence S 46-51-36 W. 80.00 feet30.00 to a point; 4 0.770 feet 08-24 E. 288.00 feet to a point; thence S 46-51 36 along the arc of a curve to the left, said curve ha �to a point; 990.30 angle of 37-21-05, and a chord which bears S28 11 � W. 403.46 feet feet along the are of a curve to the right, saidcurve bears S 8d�11-04 W 720.08 feet to a radius of 370-00 , a central angle of 153-21-05, and a chord which 445.24 feet along the arc of a curve point; thence N 17-08-24 W. 573.11 feet to a point; of 79-43-13, and a to the right, said curve having a radius of 320.00 feet, a central angle chord which bears N 22-43-12 E. 410.19 feet tt athe left,,ssaid curve having a racau sof oat to a point,117.98 feet along the arc of a curve 430.00 feet, a central angle of 15-43-13, and echord hi 54 98 feet along the arh bears N 54-43 c of a feet to a point; thence N 46-51-36 E. 37.28 p e of 90-00-00, �-�- curve to the right, said curve having a radius of 35.00 feet, a central angl a chord which be S 88-08-24 E 49.50 feet to the point of Beginning"; AND and and a a portion of the real estate conveyed to Airport Business Park, LLC, a Virginia b deed dated July 20, 1999, from Adams Faruly Limited Limited Liability Company, yin the Cl's -2artnership, a Virginia �Amited Partnership, said deed is of Book 9d at Page 13540fce o the Circuit Court of Frederick County, Virginia, i n Deed VIRGINiA FREDERICK COUNTY, SCr � ,nW lustnm=t of writing wa6 produced to we on �fJ �QV at And with certificate of ackmrMedgemeut thereto anhexed was Admitted to record T tfnposed by Sac. 58 1-802 of S d 11V 1 58.1-801 have becn Pao if suable Clerk • Feb 07 07 12i23p Br. Michael Hermel 700-255-3339 p.l FROM Fr TUnv [re; U."—c ----„ 'd V u5 T A E" �= 1 'I'- iWiG4>F a ao v t P 'C. I=00,44— 764{Y000+►P;. f" H *Ticket 'A 2NO A L F ## _ 00003568002 Q@ FREDBRrCK COUNTY Date : 2/07/2007 C. WILLIAM ORNDOFF, JR Register! nHfi/BH P.O. BOX 225 Trans. #: 16370 Dept # R13200502 • WINCHESTER VA. 22604-0225 Acct# 38306 2005 R}:':AL ESTATE TAXES Previous 23.5D ACRES 64 A 401 Balance $ 2290.14 Acre: 23.50 Principal Being Paid $ 1850.62 Land: 705000 Imp: 0 Penalty $ 185.06 Interest $ 254.46 BERMEL, Mi C.HALL. a C/O DAB COMMESRCIAL RFALTY, INC Amount Paid $ 2290.14 440 W JUBAL EARLY DR STE 100 WINCHESTER, VA 22601-6319 *]Balance Duc $ .00 Pd by DERMEL, MIC#iAEL J Check 6565.08 ## WASCH 2134 BALANCE DM INCLUDES PBNAX.TY/Sz4TEfZ2ST THRU THE MQXTH 2/2007 2006 T A'X 'R E C B I P T Picket 4:00024920001 FREDERICK COUNTY Date _ 2/07/200'/ C. WILLIAM ORNl3QFF, JR Regiuter: 13DHIBH P.O. BOX 2.25 Trans. #t: 16378 Dept # RE200601 WINCHESTER VA 22604-0225 Acct# 38306 2006 REAL. ESTATE TAXES Previous 23.50 ACRES 64 A 407 Balance $ 2188.17 Acres: 23.50 Principal Being Paid $ 1850.63 Land: 705000 zrnp; 0 penalty $ 185.06 Interest $ 152.68 BERMBL, MICHAEL J • C/O DAB COMMERCIAL REALTY, INC Amount Paid $ 2188.37 440 W JUBAL SART,Y DR STE 100 WINCHESTER, VA 22601--6319 *Balance Due $ .00 Pd by BERMEL, MiCHAEL'J Check 6SGS_08 # WASCH 2234 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MOUTH 2/2007 2006 T A X RECEIPT - 2Nb H A L F Ticket #:00024920002 FREDERICK COUNTY Date 1 2/07/2007 C. WILLIAM ORNDOFF, JR Register: nml/BH P.O. BOX 225 Trans. #; 16378 Dept # RE200602 WINCHESTER VA 22604•-0225 Acct.# 38306 2006 REAL ESTATE TAXES Previous 13.50 ACRE$ 64 A 4ox Balance $ Acres: Land: 7050DO xmp: BERMEL, MICHAEL J C/O DAB COMMERCIAL REALTY, INC 440 W JUBAI, EARLY DR STE 100 WINCHBSTER, VA 22601 23.50 Principal Being Paid $ 0 Penalty $ Interest $ Amount Paid $ *Balance Due a 2086.57 1B50_G2 185.06 50.89 208G.57 . 00 Pd by DER.MEL, MICHAEL J Check 6565.08 ## WASCH 2134 BALANCE DUE INCLUDES PENALTY/INTEREST TI31ZU THE MONZ'V 2/200'! • FED-07--E007 12:49 From: 703 255 3339 ID:STOWE ENC PLC Paoe:001 R=9d% 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: September 12, 2007 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Mr. Bermel. Mr. Bermel had a deposit for one sign for Rezoning 405-07 for Admiral Byrd Center. He has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd �A� Michael Bermel 10550 Marbury Road Oakton, VA 22124 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Zoning map amended t U \Bev\Common\Tracking aheetaULU tracking.19Vd Revised. 05/09/02 — 5 1� DATE_' N 7 1 09 m RECEIVED FROM ' I ' 4 pp p co ADDRESS 1 iJJ� i (� 17" f r(h �. 1 I 1 EOLLARS $ c{ io . ❑FOR RENT r'1 r. ❑ FOR I ACCOUNT Itl�II I�III ACCOUNT CASH t l S AMT. PAID j / t CHECK `"�',��''{� BALANCE DUE MONEY • I--•---: ORDER ca r� ,a. 1f 6 V 4 J �x yI SSIJ a / T A X R E C E I P T /FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING PLANNING a Ticket #:00005710001 Date 5/08/2007 Register: BCC/BC Trans. #: 68572 Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING Check 5966.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 5/2007 5408696984 To:6656395 P.1/1 UN-25-2007 10:49 From:STOWE ENG PLC i June 22, 2007 Mr. Michael T. Ruddy, AICP J U N 2 5 2007 Frederick County Planning Department 4 107 North Kent Street Winchester, VA 22601 RE: Admiral Byrd Center Rezoning Dear Mr. Ruddy: As you are aware on June 6, 2007 the Planning Commission tabled for 45 days the rezoning application for the referenced project. I am hereby requesting that the postponement be extended to the August 1, 2007 I'larining Commission meeting. It is my understanding that the revised materials need to he to the Planning Department by July 6, 2007 for this to occur. Thank you for your assistance in this matter.. Sincerely, STOWE ENGINFF.RTNG. PLC Timothy S. Stowe, PE, LS President ZZO Serviceberry Court • Stephens City, Virginia 22655 • (540) 336.0656 • Fax: (540) 869.6984 email: timstowe©stowecompanies.com UN-25-2007 June 22, 2007 Mx. Michael T. Ruddy, AICP Frederick County Planning Department 107 North Tent Street Winchester, VA 22601 RE: Admiral Byrd Center Rezoning, Dear Mr. Ruddy: JUN 2 5 As you are aware on June 6, 2007 the Planning Commission tabled for 45 days the rezoning application for the referenced prujcet. I am hereby requesting that the postponement be extended to the August 1, 2007 Planning Commission meeting. It is my understanding that the revised materials need to he to the Planning Department by July 6, 2007 l'or this to occur. Thank you for your assistance in this matter.. Sincerely, STOWE ENGINFFRING, PLC 1� A - Timothy S. Stowe, PE, I,S President ZZO Serviceberry Court • Stephens City, Virginia 22655 (540) 336.0656 • fax: (540) 869.6984 email: timstowe©stowecompanies.com 1-1 Page 1 of 1 Subj: FW: Admiral Byrd Center Date: 6/6/2007 3:16:44 P.M. Eastern Daylight Time From: To: From: Mary Grant Sent: Wednesday, June 06, 2007 2:18 PM To: 'Mruddy@co.frederick.va.us' Subject: Admiral Byrd Center June 6, 2007 Mr. Michael Ruddy Frederick County Planning Dept. Dear Mr. Ruddy, My husband, Larry Grant, and I are owners of multiple properties on Airport road and Victory Drive, and have interest in the public hearing to be held this evening pertaining to the rezoning of the Admiral Byrd Center project. We strongly support this rezoning and welcome the services that are planned. The availability of these services will be a positive addition. I regret I cannot attend the hearing this evening but please accept this email as our comments in support of this rezoning. Sincerely, Mary Grant Wednesday, June 06, 2007 America Online: Top2020 June 5, 2007 Mr. Michael T. Ruddy, AICP Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 RE: Admiral Byrd Center Rezoning Dear Mr. Ruddy: Please find enclosed the revised proffer statement for the referenced project. The proffer statement has been revised to incorporate technical corrections suggested by Mr. Robert Mitchell as a result of his legal review. I am also enclosing a CD ROM containing Power Point slides of the Master Development Plan and other maps I may wish to use during the presentation to Planning Commission. Thank you for loading these into the presentation. Should you need any additional information, feel free to contact me. Sincerely, ST,OWE ENGINEERING, PLC " kI __- Timothy S. Stowe, PE, I'S President enclosures J U N 5 200Y 220 Serviceberry Court • Stephens City, Virginia 22655 • (540) 336.0656 ® fax: (540) 869.6984 email: timstowe@stowecompanies.com May 3, 2007 Mr. Michael T. Ruddy, AICP Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 RE: Admiral Byrd Center Rezoning Dear Mr. Ruddy: Attached you will find 45 copies of the rezoning application package for the Admiral Byrd Center project. Also attached is a check in the amount of $4,190.00 for the application fee and sign deposit. We look forward to discussing this project at the Planning Commission meeting on May 16. Should you need any additional information before that time, feel free to contact me. Sincerely, STOWE ENGINEERING, PLC I 'A Timothy S. Stowe, PE, LS President 220 Serviceberry Court • Stephens City, Virginia 22655 m (540) 336,0656 v fax: (540) 869.6984 email: timstowe@stowecompanies.com • � Page 1 of 1 Mike Ruddy From: Mary Grant [mgrant@iicfiremark.com] Sent: Wednesday, June 06, 2007 1:18 PM To: Mruddy@co.frederick.va.us Subject: Admiral Byrd Center June 6, 2007 Mr. Michael Ruddy Frederick County Planning Dept. Dear Mr. Ruddy, My husband, Larry Grant, and I are owners of multiple properties on Airport road and Victory Drive, and have interest in the public hearing to be held this evening pertaining to the rezoning of the Admiral Byrd Center project. We strongly support this rezoning and welcome the services that are planned. The availability of these services will be a positive addition. I regret I cannot attend the hearing this evening but please accept this email as our comments in support of this rezoning. Sincerely, Mary Grant 6/8/2007 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: I, m COMPANY:SrO03`e Encs`O Qy—(0� FAX #: �6 (0 Ot_ (0 Remarks: Date: Number of Pages (including cover sheet) -j From the desk of: P, 1 Immediate TX Result Report ( May, 24.1k7 1:21PM ) * * Fax Header) File Date Time Destination Mode TXtime Page Result User Name No, ---------------------------------------------------------------------------------------------------- May. 24. 1 : 20PM 5408696984 G3TS 1 " 15" P. 3 OK 6228 # Batch M Memory L Send later @ . Forwarding E ECM S Standard D Detail F Fine . Reduction * LAN —Fax t Delivery Q RX Notice Req. A RX Notice • i xy . r+- yr. '� a �� i' 'c, i•. .:eK:.rfas - •� 4 ' �•,• ';t �,,• �s M J.:ts � l:�~ ��.. l so b r s shy ^ WW � fir _ _>, Li'i B-2 Rezoning Area4.1 , o o N N Ln • F d TP V. , i. IOC • I mow. �£ 40 • \ y `too0 s �s• �do-�-Arlo, � � • M-1 Light Industrial Area � • lift ..�-.:.�'�••" d I ' . n ` :i yam• - S i alp Cross Section of Enhanced ` Landscaping Area err c . t / V- =' �► Q not to scale YU. jPY m 25' > y. ' . "' as / I --I U O CL 13 berm m fi % 'i n3 trap I COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING August 8, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-07 FOR ADMIRAL BYRD CENTER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, August 22, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-07 of Admiral Byrd Center, submitted by Stowe Engineering, PLC, to rezone 11.4 acres from M 1 (Light Industrial) District to B2 (General Business) District, with proffers, for office and retail uses. The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building in the Shawnee Magisterial District, and is identified by Property Identification Number 60-A-40I. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application 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 at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MRT/bad 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify, tl at the attached correspondence was mailed to the following on i from the Department of Planning and Development, Frederick County, Virginia: 64 - A- - 40-B 64 - A- - 40.1 WINCHESTER REGIONAL AIRPORT BERMEL, MICHAEL J CIO DAB COMMERCIAL REALTY, INC 491 AIRPORT RD 10550 MARBURY RD WINCHESTER, VA 22602.4517 OAKTON,VA 22124 Stowe Engineering, PLC 220 Serviceberry Ct. Stephens City, VA 22655 64 - A- - 40-J SEARS -SMITH PARTNERSHIP CIO URBAN ENGINEERING & ASSOC 7712 LITTLE RIVER TPKE ANNADALE, VA 22003.2407 64 - A- - 40-E KOHL'S DEPT STORES, INC ATTN: TAX DEPT N56W17000 RIDGEWOOD DR MENOMONEE FALLS, WI 53051.5660 64 - A- - 40.0 AIRPORT BUSINESS PARC BUILDING D, LLC 42640 ENTRE CT CHANTILLY, VA 20151 _ 7 64 - A- - 40-A wL�� 7--/ ADAMS, C DOUGLAS & PATRICIA N 303 S LOUDOUN ST WINCHESTER, VA 22601.4637 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREc�D�ERICK i, �� �� o�A. e,c. a Notary Public in and for the State and County aforesaid, do he,, by certify that Mic el T. Ruddy, Deputy Planning Director for the Department of Plannin and Development, whose name is signed to the foregoing, dated /p , has personally appeared before me and acknowledged the same in my State "and County aforesaid. Given under my hand this � � day of�)z aOO % My commission expires on i NOTARY M13LIC .1 0 LJ COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING July 20, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-07 FOR ADMIRAL BYRD CENTER On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, August 1, 2007, 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 #05-07 of Admiral Byrd Center, submitted by Stowe Engineering, PLC, to rezone 11.4 acres from M 1 (Light Industrial) District to B2 (General Business) District, with proffers, for office and retail uses. The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building in the Shawnee Magisterial District, and is identified by Property Identification Number 60-A-40I. (Tabled from June 6, 2007 Planning Commission Meeting.) A copy of the application 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 at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 w This is to 74�_<') rtfy that the attached correspondence was mailed to the following on 0-7 from the Department of Planning and Development, Frederick County, Virginia: 64 - A- - 40-B 64 - A- - 40.1 WINCHESTER REGIONAL AIRPORT BERMEL, MICHAEL J CIO DAB COMMERCIAL REALTY, INC 491 AIRPORT RD 10550 MARBURY RD WINCHESTER, VA 22602.4517 OAKTON,VA 22124 Stowe Fngineering, PLC 220 Serviceberry Ct. Stephens City, VA 22655 64 - A- - 40-J SEARS -SMITH PARTNERSHIP CIO URBAN ENGINEERING & ASSOC 7712 LITTLE RIVER TPKE ANNADALE, VA 22003.2407 64 - A- - 40-E KOHL'S DEPT STORES, INC ATTN: TAX DEPT N56W17000 RIDGEWOOD DR MENOMONEE FALLS, WI 53051.5660 64 - A- - 40.0 AIRPORT BUSINESS PARC BUILDING D, LLC 42640 ENTRE CT CHANTILLY, VA 20151 64 - A- - 40-A ADAMS, C DOUGLAS & PATRICIA N 303 S LOUOOUN ST WINCHESTER, VA 22601.4637 STATE OF VIRGINIA COUNTY OF FREDERUCK 1 , a Notary Public in and for the State and County aforesaid, do ldreby certify that Mich el T. Ruddy, Deputy Planning Director for the Department of Planm g anDevelopment, whose name is signed to the foregoing, dated % /;:) C) J)'-) , has personally appeared before me and acknowledged the same in my Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department State'and County aforesaid. Given under my hand this _ Z�L day of My commission expires on NOTARY P LIC ,33i979 0 COUNTY of FREIDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 25, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 405-07 FOR ADMIRAL BYRD CENTER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 6, 2007, 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 #05-07 of Admiral Byrd Center, submitted by Stowe Engineering, PLC, to rezone 11.4 acres from M 1 (Light Industrial) District to B2 (General Business) District, with proffers, for office and retail uses. The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building in the Shawnee Magisterial District, and is identified by Property Identification Number 60-A-40I. A copy of the application will be available for review at the IIandley Library and the Bowman Library the week 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 the web at: www.co.frederick.va.us. Sincerely, �------- Michael T. Ruddy, AICP Deputy Plamiing Director MRT/bad 107 North Dent Street, Suite 202 ® Winchester, Virginia 22601-5000 0 0 This is to c rtify that the attached correspondence was mailed to the following on 5 - 5 0-7 from the Department of Planning and Development, Frederick County, Virginia: 64 - A- - 40.1 BERMEL, MICHAEL J CIO DAB COMMERCIAL REALTY, INC 10550 MARBURY RD OAKTON,VA 22124 Stowe Enginggering, PLC 220 Serviceberry Ct. Stepehsn City, VA 22655 64 - A- - 40-J SEARS -SMITH PARTNERSHIP CIO URBAN ENGINEERING & ASSOC 7712 LITTLE RIVER TPKE ANNADALE, VA 22003.2407 0U)�0Y-, �<?? LA 64 - A- - 40-E KOHL'S DEPT STORES, INC ATTN: TAX DEPT N56W17000 RIDGEWOOD Oil MENOMONEE FALLS, WI 53051.5660 64 - A- - 40.0 AIRPORT BUSINESS PARC BUILDING D, LLC 42640 ENTRE CT CHANTILLY, VA 20151 64 - A- - 40-A ADAMS, C DOUGLAS & PATRICIA N 303 S LOUDOUN ST WINCHESTER, VA 22601.4637 64 - A- - 40-B WINCHESTER REGIONAL AIRPORT 491 AIRPORT RD WINCHESTER, VA 22602.4517 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK c.6 a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of P'ng . and Development, whose name is signed to the foregoing, dated Yr� " 07 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this S t L_1 day of D 0 My commission expires on �31 / o Aa,rto,�, . Oo_,er�( NOTARY PUBLIC eF2__-9- o 5--co -7 0 A -oin lle-l4 L— lg Yn C- TO:BARBARA-DATA /// PROCESSING l/L9 4�f 7 —.4 - YOl 1/ FPOM:BEV - Planning Dept. Please print � sets oII bets b Adjoining Property Owners 40 THANKS! Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Sears -Smith Partnership c/o Urban Engineering & Associates 7712 Little River Turnpike Annandale, VA 22003 Property # 64-A-40J 1/ Name Kohl's Department Stores, Inc. N56W 17000 Ridgewood Dr Menomonee Falls, WI 53051 Property # 64-A-40E ✓ Name Airport Business Parc Building D, LLC 4264Q Entre Court Chantilly, VA 20151 Property #64-A-400 ✓ Name Airport Business Parc Building, LLC 4264Q Entre Court Chantilly, VA 20151 Property #64-A-40N Name Airport Business Park, LLC 4264Q Entre Court Chantilly, VA 20151 Property #64-A-40M Name Airport Business Park, LLC 4264Q Entre Court Chantilly, VA 20151 Property # 64-A-40K Name Adams, Douglas and Patricia 303 S. Loudoun Street Winchester, VA 22601 Property #64-A-40A Name Winchester Regional Airport 491 Airport Road Winchester, VA 22602 Property # 64-A-40B Name A��Y�� r�^�-��—�-col Adjoining Property Owners TO:BARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please print sets of I s.. -A 7d THANKSi Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Sears -Smith Partnership c/o Urban Engineering & Associates 7712 Little River Turnpike Annandale, VA 22003 Property # 64-A-40J Name Kohl's Department Stores, Inc. N56W 17000 Ridgewood Dr Menomonee Falls, Wl 53051 Property # 64-A-40E Name Airport Business Parc Building D, LLC 4264Q Entre Court Chantilly, VA 20151 Property 464-A-400 Name Airport Business Parc Building, LLC 4264Q Entre Court Chantilly, VA 20151 Property #64-A-40N Name Airport Business Park, LLC 4264Q Entre Court Chantilly, VA 20151 Property #64-A-40M Name Airport Business Park, LLC 4264Q Entre Court Chantilly, VA 20151 Property # 64-A-40K Name Adams, Douglas and Patricia 303 S. Loudoun Street Winchester, VA 22601 Property #64-A-40A Name Winchester Regional Airport 491 Airport Road Winchester, VA 22602 Property # 64-A-40B Name zmd N W s so DEPT-OF GEOGRAPHIC WILMATIOtN SYSTi4p FREDERICK COUNTY, VIRGMU >� E REQUESTING AGENT: GIS,14'iAPPJTG, GRAPHICS CS WORKREQUIEST DATE RECEIVED: 15- z — REQUESTED COMTLETION DATE: 5 b Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional i FAX: =.�' ifln�5i aCR Of request) =� CAL iT 7z' DIGITAL: PAPER FAX: E-MAIL: SIZES COLOR: BLACK/W=: NUT'IBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: N ETHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street., Winchester, VA 22601, (540)665-5651) M AY . 7 2007 Document Approval Form PLEASE REVIEW TIE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE SAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THISDOCUMENT'DOES NOT -MEET YOUR APPROVAL PLEASE PROVIDE COMMENTSAS TO 1WMT YOU WOULD LISE TO HAVE COMPLETED. INITIALS Candice Bernie Mark Susan Eric Mike Kevin John Lauren COMMENTS: Received by Clerical Staff (Date & Time U:\Pam\Common\Document Approval FomLwpd DATE & TVgE `j 7 o