HomeMy WebLinkAbout09-15 Artillery Business Center PINS 75-A-1 75-A-1F - Proffer Amendment - Back Creek - Backfile0
REZONING TRACKING SHEET
Check List:
Application
Form ✓ Fee & Sign Deposit
Proffer Statement ,; Deed
Impact Analysis Plat/Survey
Adjoiner List Taxes Paid Statement
�(
File opened
9g 1
Reference manual updated/number assigned
q f
D-base updated
ci �29 S
Copy of adjoiner list given to staff member for verification
Color location maps ordered from Nlapping
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1pplication :fiction tiummar-N updated
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Planning Commission Meeting ACTION:
to ,2 SI
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Za
ps
III i2 l 1 :
Board of Supervisors Meeting ACTION:
Signed copy of Resolution received from County Administrator and
placed in Proffers Notebook together with proffers
to /5
Approval (or denial) letter mailed to applicant/cope to file and cc's
Reference manual updated
1 u ► S
D-base updated
)a- 15- 1_S
Application Action SummarN updated
i 1 I
File given to Mapping to update zoning map
Zoning map amended
Proffers recorded
Sys ID #
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
November 24, 2015
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION 09-15 FOR ARTILLERY BUSINESS CENTER
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public
hearing being held on Wednesday, December 9, 2015 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 #09-15 ARTILLERY BUSINESS CENTER submitted by Pennoni Associates,
to revise proffers associated with Rezoning #07-08. This revision relates specifically to the
transportation proffers. The properties are located east and adjacent to Shady Elm Road
approximately 4,500 feet south of the intersection of' Shady Elm Road and Apple Valley
Drive. The properties are identified with Property Identification Numbers 75-A-I and 75-
A-1 F in the Back Creek Magisterial District.
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.feva.us.
Sincerely, j
John A. Bishop, AICP
Deputy Director Transportation
JAB/pd
107 North Kent S11•Cet, Suite 202 • Winchester, Virginia 22601-5000
COUNTY of FREDERICK
Department of Planning & Development
107 North Kent Street, Suite 202
Winchester, Virginia 22601
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FREDERICK COUNTY SANITATION [� d
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RETURN TO SENDER.
NOT PFi3uFPASiF A5� AInnQFGGrjv
UnABL- E TO FORWARD
'1?31-85208-63-.fi
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
December 10, 2015
Mr. Patrick Sowers
Pennoni Associates
117 East Piccadilly St.
Winchester, VA 22601
RE: REZONING #09-15 ARTILLERY BUSINESS CENTER
PIN: 75-A-1 AND 75-A-IF
Dear- Patrick:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting on December 9, 2015. The above -referenced application was approved to amend
proffers on 57.6+/- acres. The rezoning would modify proffers approved by the Board of
Supervisors on February 18, 2008 as part of Rezoning application #07-08. This revision relates
specifically to the transportation proffers. The property is located approximately 1,500 feet south
of Route 37 on the east side of Shady Elm Drive (Route 651) and across from Soldier's Rest Lane
and are identified by Property Identification Numbers 75-A-1 and 75-A-1 F in the Back Creek
Magisterial District.
The proffer statement, originally dated February 7, 2008, with final revision date of December 8,
2015, reflects the approved proffers. The proffers were approved as a part of this rezoning
application is unique to the above referenced properties and is binding regardless of ownership.
Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E,
the County Attorney will present the written proffer to the Frederick County Clerk of
Circuit Court for recordation.
Please do not liesitate to contact this office if you have any questions regarding the approval of
this rezoning application.
Sincerely,
- Bishop, AICP
Deputy Director -Transportation
JAB/pd
Attaclunent
cc: Gary A. Lofton, Supervisor Back Creek District
J. Rhodes Marston and Greg L. Unger, Back Creek District Planning Commissioners
Jane Anderson, Real Estate
Ellen Murphy, Commissioner of Revenue
N W Works 3085 Shawnee Drive, Winchester, VA 22601
Rod Williams, County Attorney w/Proffer and Resolution
107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000
REZONING APPLICATION #09-15
Artillery Business Center — Proffer Amendment
Staff Report for the Board of Supervisors
Prepared: November 30, 2015
Staff Contact: John A. Bishop, AICP, Deputy Director -Transportation
Reviewed
Planning Commission: 10/21/15
Board of Supervisors: 10/28/15
Board of Supervisors: 1 1/12/15
Board of Supervisors: 12/09/15
Action
Public [-Tearing I-Icld; Recommended Approval
Opened Public Hearing, Tabled to 1 1/12/15
Postponed by Applicant
Public I-Iearing
PROPOSAL: To amend proffers on 57.6-1-/- acres made up of parcels 75-A-1 and 75-A-IF. The
rezoning would modify proffers approved by the Board oI'Supervisors on February 18, 2008 as part of
Rezoning Application 07-08. The proffer revisions address the timing and commitments for
transportation proffers.
LOCATION: The property is located approximately 1,500 feet south of ROLrtc 37 on the east side of
Shady Elm Drive (Rt. 651) and across from Soldier's Rest Lane.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/09/2015 BOARD OF
SUPERVISORS MEETING:
At the October 28, 2015, Board of Supervisors meeting, staff presented this information and noted that
updated proffers are being developed that staff has not yet been able to review those proffers. The
Board heard the item and then opened the public licaring and then voted to table the item and continue
the public hearing to November 12, 2015.
At the November 12, 2015 Board of Supervisor's meeting, the Applicant requested that the item be
tabled and Board tabled the item and made the decision to advertise the public hearing for December 9,
2015. As of the date of this report, no updated proffers or additional materials have been received.
This is an application to modify proffers on 57.6+/- acres of land currently zoned M1, (Light Industrial)
District.
Please note that this report responds to the most recent proffer draft dated October 5, 2015.
The proposed modified proffers replace transportation commitments for improvements to Shady Elm
Road, $250,000.00 in cash transportation proffers, and right-of-way provision across 74-A-68 with a
commitment to participate in revenue sharing to complete Renaissance Drive from its existing terminus
near Prosperity Drive to Shady Elm Road. Building permits are limited to two (2) on the property (1
per parcel) until such time as the Applicant enters into a revenue sharing agreement with the County.
A motion was made, seconded, and passed to recommend approval by the Planning Commission with a
suggestion that the Applicant include within the proffers a deadline for road construction to reflect 24 to
36 months.
While there are still items that could potentially lead to the ultimate roadway being delayed in its
•
Rezoning #09-15 Artillery Business Centcr
Novcniber 30, 2015
Page 2
construction such as the right-of-way acquisition process or potential difficulties achieving a rail
crossing, the proffer modifications retw-n equivalent value to provisions that are being replaced and
move forward the implementation Of the Comprehensive Plan and the Eastern Road Plan.
Following the required public hearing,, a decision regar(ling this rezoning application by the
Board of Super visors woul(l be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of'Supervisors.
This report is prepared by the Frederick Coimr 17 Planning Stall'to provide lnfo/7nat/on to the
Planning Commission and the Board of'Supery sors to assist them in making a decision on this
application. It nray also be useful to others interested in this zoning matter. Unresolved iss//es
CO1rCei7llrrg this application are noted by stuff where relevant throughout this .57rrff report.
Reviewed Action
Planning Commission: 10/21/15 Public Hearing Held; Recommended Approval
Board of Supervisors: 10/28/15 Opened Public Hearing, Tabled to 1 1/12/15
Board of Supervisors: 1 1/12/15 Postponed by Applicant
Board of Supervisors: 12/09/15 Public Hearing
PROPOSAL: To amend proffers on 57.6+/- acres made up of parcels 75-A-1 and 75-A-1F. The
rezoning would modify proffers approved by the Board Of Supervisors on February 18, 2008 as part of
Rezoning Application #07-08. The proffer revision addresses the timing and commitments for
transportation proffers.
LOCATION: The property is located approximately 1,500 feet south of Route 37 on the east side of
Shady Elm Drive (Rt. 651) and across from Soldier's Rest Lane.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 75-A-1 and 75-A-1F
PROPERTY ZONING: M 1 (Light Industrial)
PRESENT USE: Vacant/Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M I (Light Industrial)
South: RA (Rural Areas)
East: B3 (Industrial Transition)
West: RA (Rural Areas)
M 1 (Light Industrial)
Use:
Industrial
Use:
Agricultural
Use:
Commercial/Vacant
Use:
Agricultural
Vacant
• 0
Rezoning #09-15 Artillery Business Centel -
November 30, 2015
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Tralisilortatioii: Plecuse .see atlachecl communicculion dated October 13, 2015 and
September 25, 2015, from Lloyd A. Ingram, 117907'Land Development Engineer.
Frederick County Attorney: Please see attached commumicalion dated Ocloher 21, 2015 and
September 28, 2015, from Roderick P. lhilliams, County AlloriieY.
Planning. & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the
Subject parcels as being zoned A-2 (Agr1CLIRL11•al General). Tile COLInty'S agricultural zoning
districts were subsequently combined to fibrin the RA (Rural Arcas) District upon adoption of an
amendment to the Frederick COL111ty Zoning Ordinance o11 May 10, 1989. The corresponding
revision of the zoning map resulted in the re -mapping of the subject property and all other A-1
and A-2 zoned land to the RA District. This property was rezoned with proffers to M 1, (Light
Industrial) District, on February 13, 2008.
2) Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for the future growth of Frederick County.
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 COnlnlunity 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 property is located Within the COL111ty's Sewer and Water Service Area (SWSA). The
Sewer and Water Service Area defines the general area in which more intensive forms Of
planned commercial, and industrial development will occur. The Land Use Plan and the Eastern
Frederick County Long Range Land Use Plan designate this area for industrial land use. The
Plan recognizes the desire to provide for industrial uses along the CSX Railroad.
The application of duality design standards for future development is also an objective of the
Plan; in particular, along business corridors. These include landscaping, sC1•cening, aIld
controlling the number and size Of signs.
Rezoning #09-15 Artillery Business Center
November 30, 2015
Page 4
T ransI)orlat on
The Frederick County Eastern Road Plan provides the guidance regarding future arterial and
collector road connections in the eastern portion Of the County by identifying needed
connections and locations. Plans for new development should provide for the right-of-ways
necessary to implement planned road improvements and new roads shown On the road plan
should be constructed by the developer when warranted by the scale, intensity, or impacts of the
development. Existing roads should be improved as necessary by adjacent development to
implement the intentions of the plan (Comprehensive Plain 7-0).
The Eastern Road Plan of the Comprehensive Policy Plan call for Shady Elm Road to be
improved to a major collector road. In addition, a new cast and west major collector road
connecting Shady Elm Road to Route I I is identiheCl. The COLnity's Eastern Road Plan Further
defines the appropriate typical section for these major collector roads as an urban divided four -
lane facility.
The Plan also states that proposed industrial and commercial devclOpnnent should only occur if
impacted roads function at Level of Service (LOS) Category C or bette-.
3) Site Suitability/Ciivi►-oiiment
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
Frederick County Engineer has referenced the potential for wetlands to exist on this site based
upon the presence of an existing pond. Also, the Frederick County Engineer has identified that
a detailed geotechnical analysis will be needed as part of the detailed site plan design as this
area is also known for karst topography.
4) Potential Impacts
The primary impact of the proposed proffer revision would be to shift resources from
implementing an additional lane of Shady Elm Road and $250,000 cash proffer for
transportation to a commitment to l-cvenLle sharing 6or the full connection Of Renaissance Drive.
5) Proffer Statement
Clean and redline versions of the proffer statement are attached to this report.
Changes are as follows:
1. $250,000 cash proffer toward transportation has been removed.
2. Additional right lane on north bound Shady Elm has been removed.
3. Commitment to enter into a revenue sharing agreement to provide local match for the
completion of Renaissance Drive from its currelt terminus to Shady Elm Road has been
added.
Rezoning #09-15 Artillery Business Center
November 30, 2015
Page 5
4. Limitation of one (1) building permit per parcel tNvo (2) permits total until such time as a
revenue sharing agreement has been executed.
5. Right-oi=way dedication along Shady Elm Road has been removed due to its
completion.
6. Right-of-way obligation across parcel 74-A-68 (Carbaugh) has been removed.
7. Five year limitation on warehouse and distribution has been removed.
8. Internal access road proffer has been removed due to redundancy with the ordinance.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/21/15 MEETING:
Staff reported this rezoning is a proffer modification to Rezoning #07-08 which was approved by the
Board of Supervisors on February 18, 2008. The proffer revisions address the timing and commitments
for transportation proffers.
Staff explained the proposed proffer modifications replace transportation commitments for
improvements to Shady Elm Road, $250,000 in cash transportation proffers, and the right-of-way
provision across parcel 74-A-68 with the commitment to participate in revenue sharing in the
completing of Renaissance Drive from the current ending location to Shady Elm Road. Staff noted
building permits are limited to two (2) on the property (I per parcel) until the Applicant enters into a
revenue sharing agreement with the County.
Staff noted there are items that could delay the completion of the roadway such as the right-of-way
acquisition and acquiring a rail crossing. Commissioner Unger requested that Mr. Bishop clarify the
shift in proffers from Shady Elm and cash to the I'CVCIILIC sharing agreement. Mr. Bishop emphasized
that the full connection of Renaissance Drive offers greater value to the County than Shady Elm
improvements. Commissioner Oates noted a concern about there not being a time requirement for
entering into the revenue sharing agreement in addition to the building permit trigger. Mr. Bishop
agreed a time frame would be beneficial due to the timeline for availability of funds from VDOT.
A motion was made, seconded, and passed to recommend approval by the Planning Commission with a
suggestion that the Applicant include within the proffers a deadline for road construction to reflect 24-
36 months.
Absent: Crockett
STAFF CONCLUSIONS FOR THE 12/09/2015 BOARD OF SUPERVISORS MEETING:
At the October 28, 2015, Board of Supervisors meeting, staff presented this information and noted that
updated proffers are being developed and that staff has not yet been able to review those proffers. The
Board heard the item and then opened the public hearing and voted to table the item and continue the
public hearing to November 12, 2015.
Rezoning #09-15 Artillery Business Center
November 30, 2015
Page 6
At the November 12, 2015 Board of Supervisors meeting, the Applicant requested that the item be
tabled and Board tabled the item and made the decision to advertise the public hearing for December 9,
2015. As of the date of this report, no updated proffers or additional materials have been received.
This is an application to modify proffers on 57.6d-/- acres of land currently zoned M 1, (Light Industrial)
District.
Please note that this report responds to the most recent proffer draft dated October 5, 2015.
The proposed modified proffers replace transportation commitments for improvements to Shady Elm
Road, $250,000.00 in cash transportation proffers, and right-of-way provision across 74-A-68 with a
commitment to participate in revenue sharing to complete Renaissance Drive from its existing terminus
near Prosperity Drive to Shady Elm Road. Building permits are limited to two (2) on the property (1
per parcel) until such time as the Applicant enters into a revenue sharing agreement with the County.
A motion was made, seconded, and passed to recommend approval by the Planning Commission with a
suggestion that the Applicant include within the proffers a deadline for road construction to reflect 24 to
36 months.
While there are still items that could potentially lead to the ultimate roadway being delayed in its
COIIStl"11Ct1011 such as the right-of-way acquisition process or potential difficulties achieving a rail
crossing, the proffer modifications return equivalent value to provisions that are being replaced and
move forward the implementation of the Comprehensive Plan and the Eastern Road Plan.
Following the required public hearing, a decision regarding this rezoning application to the
Board of'Supervisors would be appropriate. The applicant should be prepared to adequately
addre.s all concerns raised by the Board of'Supervisors.
0 0
c� ° Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651 Facsimile 540-665-6395
Know All Men By Those Present: That I (We)
(Name) NW Works. Inc. (Phone) (540) 667-0909
(Address) 3085 Shawnee Drive Winchester VA 22601
the owner(s) of all those tracts or parcels of land ("Property") conveyed to rile (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument Number: 08005981 and is described as
Tax Map Parcel 75-A-IF Subdivision:
do hereby make, constitute and appoint:
(Name) Pennoni Associates (Phone) (540) 667-2139
(Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601
To act as illy true and lawful attorney -in -fact for and in lily (our) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for Illy (our) above described
Property, including
X Rezoning (including proffers)
_ Conditional Use Permits
Master Development Plan (Preliminary and Final)
_ Subdivision
Site Plan
My attorney -ill -fact shall Ilave the authority to offer proffered conditions and to make anlcndnicnts to previously approved proffered
conditions except as follows:
This authorization shall expire year from the day it is signed, or until it is otherwise rescinded or
modified.
Ili witness thereof, I •eto set Illy (our) hand and seal this 22nd day of Sept 20.15
State of Virginia, City/County of �r'_ ,To -wit:
���fllatll
�k/ �ja Notary Public in and for thejurisdictionaforesaid, certify persons) who signed to the foregoing instrument personally appeared before nlc
and !Ms ,icknowled&ed-�lie same before rile in the jurisdiction aforesaid this -7_Z-►�( day of Sta�. 2005.
ry Public
/-� `7 577 15
y Commission Expires: O�bj
9
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff
Fee Amount Paid $
Zoning Amendment Number Date Received
PC Hearing Date BOS Hearing Date
The following in formation shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained loom the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicants:
Name: Pcnnoni Associate's
c/o Patrick Sowcrs
Address: 117 East Piccadilly Street
Winchester, Viminia 226
2. Property Owner (if' different tlian above)
Name: NW Works, Inc.
Address: 3085 Shawnee Drive
Winchester, VA 22601
Name: Venture I of Winchester, LLC
Address: 549 Merrimans Lane
Winchester. VA 22601
3. Contact person(s) if other than above
Name: Patrick Sowers
Telephone: (540) 667,2139
Telephone: (540) 667-0809
Telephone: (540) 665-0050
Telephone: (540) 667.2139
4. Checklist: Check the following items that have been included with this application.
Location Map (See GDP) X
Plat X
Deed of property X
Verification of taxes paid X
Agency Comments X
Fees X
Impact Analysis Statement 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:
NW Works, Inc.
Venture I of Winchester, LLC
6. A) Current Use of the Property:
B) Proposed Use of the Property:
Vacant entitled Industrial)
Industrial
7. Adjoining Property: SEE ATTACHED.
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road narnes and route numbers).
The Property is located east and adiacent to Shady Elm Road (Rt 6.51)
approximately nine tenths of a mile south of the intersection of Shady Elm Road
(Rt 651) and Apple Valley Road (Rt 652).
In order for- the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of the proposed use. Otherwise, the
planning staff will use the maximum possible density of intensity scenario for the proposed Zoning
District as described on page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number: 75-A-1 and 75-A-IF
Magisterial:
Back Creek
Fire Service:
Stephens City
Rescue Service:
Stephens City
Districts
High School:
Middle School:
Elementary School:
Sherando _
James Wood
Orchard View
10. Zoning Change: List the acreage included in each new zoning category being requested.
Current 'Coning_
Zonin Keg nested
_Acres
57.6
M1
M1
57.6
Total acrea a to be rezoned
OA
11. The following information should be provided according to the type of rezoning proposed:
Number of Units Proposed
Single Family Home Townhome Multi-Family
------------------------
Non-Residential Lots Mobile Home Hotel Rooms
Square Footage of Proposed Uses
Office Service Station
Retail Manufacturing
Restaurant _ Flex - Warehouse
Other (Industrial)
12. Signature:
1,003,622
I (we), the undersigned, do hereby respectfully make application and petition the Frederick County
Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick
County, Virginia. I (we) authorize Frederick County officials to enter the property for site
inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at the front
property line at least seven days prior to the Planning Commission public hearing and the Board of
Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the
hearing.
I (we) hereby certify that this application a d its accompanying materials are true and accurate to
the best of my (our) knowled e.
Applicant(s)
Applicant(s)
of NIK)COilee, C
Date - /S
Date -2-1 i
3
Adjoining Property Owners — Artillery Business Center
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 2"d floor of the Frederick County
Administrative
Building, 107 North Kent Street.
Name
Address
Property Identification Number (PIN)
Henry J. Carbaugh Trustee c/o Bank of Clarke
Name:
Trust Department
202 N Loudoun Street
Property#:
74-A-68
Winchester, VA 22601
Name:
Kitty Hockman Nicholas and Robin H. Eddy
690 Shady Elm Road
Property #:
74-3-3; 74-3-2; 74-3-1
Winchester, VA 22602
Name:
Bowman -Shoemaker Companies, Inc.
P.O. Box 480
Property #:
63-7-5; 63-7-4; 63-7-5
Stephens City, VA 22655
Name:
Synergy Investments, LLC
416 Battaile Dr
Property #:
75-A-1A
Winchester, VA 22601
Name:
FVC Properties, Inc. c/o Frank Cuppo
500 N Broadway, Suite 123
Property#:
75-A-1 D; 75-A-1 E; 75-A-1 B
Jericho, NY 11753
Name:
Corrugated Container Corp.
100 Development Lane
Property #:
75-A-1 C
Winchester, VA 22602
Name:
Frederick County Sanitation Authority
107 N Kent St
Property #:
75-A-1 G
Winchester, VA 22601
Name:
Prosperity Drive Development Group, LLC
180 Prosperity Dr, Suite 3
Property #:
75A-6-B-41A
Winchester, VA 22602
Name:
Prosperity Properties of Winc, LLC
180 Prosperity Dr, Suite 5
Property #:
75-A-2M
Winchester, VA 22602
Name:
Prosperity 81, LLC
1306 Squire Ct, Unit B
Property #:
75-A-2P
Sterling, VA 20166
Name:
Lyle P. Strosnider, Inc
220 Prosperity Dr
Property #:
75-A-2F
Winchester, VA 22602
Name:
Pippin Enterprises, LLC
164 Meadow Trace Ln
Property#:
75-A-2Q
Middletown, VA 22645
Name:
Renaissance Commercial Center, Inc.
P.O. Box 480
Property #:
75-A-2R
Stephens City, VA 22655
REZONING APPLICATION #09-15
CO, Artillery Business Center — Proffer Amniendment
4 CO,
Staff Report for the Planning Commission
4 �
Prepared: October 13, 2015
Staff Contact: John A. Bishop, AICP, Deputy Director -Transportation
Reviewed Action
Planning Commission: 10/21/15 Pending
Board of Supervisors: 10/28/15 Pending
PROPOSAL: To amend proffers on 57.6+/- acres made up of parcels 75-A-1 and 75-A-IF. The
rezoning would modify proffers approved by the Board of Supervisors on February 18, 2008 as part of
Rezoning Application #07-08. The proffer revisions address the timing and commitments for
transportation proffers.
LOCATION: The property is located approximately 1,500 feet south of Route 37 on the cast side of
Shady Elm Drive (Rt. 651) and across from Soldier's Rest Lane.
STAFF CONCLUSIONS FOR THE 10/21/15 P LANNING COMMISSION MEETING:
This is an application to modify proffers on 57.6+/- acres of land currently zoned MI, (Light Industrial).
Please note that this report responds to the most recent proffer draft dated October 5, 2015. As of the
date of this report going to print a signed version of that proffer statement has not yet been received.
The proposed modified proffers replace transportation commitments for improvements to Shady
Ehn Road, $250,000.00 in cash transportation proffers, and right-of-way provision across 74-A-68
with a commitment to participate in revenue sharing to complete Renaissance Drive from its
existing terminus near Prosperity Drive to Shady Elm Road. Building permits are limited to 2 on
the property (I per parcel) until such time as the applicant enters into a revenue sharing agreement
With the County.
While there are still items that could potentially lead to the ultimate roadway being delayed in its
construction such as the right of way acquisition process or potential difficulties achieving a rail
crossing, the proffer modifications return equivalent value to provisions that are being replaced and
move forward the implementation of the Comprehensive Plan and the Eastern Road Plan.
Following the required public hearing, a recommendation regarding this rezoning application to
the Board ofSupervisors would be appropriate. Tlie applicant shorild be prepared to adequately
address all concerns raised by the Planning Commission.
E
•
Rezoning #09-15 Artillery Business Center
October 13, 2015
Page 2
THIS report is prepared by the Frederick County Planning Stalf to provide in formation to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may Also be use
frt/ to others interested in this zoning matter. Unresolved issues
concerning this application are noted Gy Staff Where relevant throughout this Stll f f report.
Planning Commission:
Board of Supervisors:
Reviewed
Action
10/21 / 15
Pending
10/28/15
Pending
PROPOSAL: To amend proffers on 57.6+/- acres made up of parcels 75-A-1 and 75-A-IF. The
rezoning would modify proffers approved by the Board of Supervisors on February 18, 2008 as part of
Rezoning Application #07-08. The proffer revision addresses the timing and commitments for
transportation proffers.
LOCATION: The property is located approximately 1,500 feet south of Route 37 on the east side of
Sliady Elm Drive (Rt. 651) and across from Soldier's Rest Lane.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 75-A-I and 75-A-IF
PROPERTY ZONING: M I (Light Industrial)
PRESENT USE: Vacant/Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M 1 (Light Industrial)
South: RA (Rural Areas)
East: B3 (Industrial Transition)
West: RA (Rural Areas)
M 1 (Light hidustrial)
Use:
Industrial
Use:
Agricultural
Use:
Commercial/Vacant
Use:
Agricultural
Vacant
Rezoning #09-15 Artillery Business Centel -
October 13, 2015
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Plect.ve .vee altuehecl communication dated Oclober 13, 2015 cmcl
Sehlember 25, 2015, from Llopd A. Ingrcnn, VDOT Lcmcl Develolmmenl Engineer.
Frederick Count'' Attorney: Please.vee allached leller Baled Sehlernther 28, 2015, from Roderick 13.
14,71liams, Counly Aliorney.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the
subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning
districts Nvere subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re -mapping of the subject property and all other A-1
and A-2 zoned land to the RA District. This property was rezoned with proffers to M 1, (Light
Industrial) District, on February 13, 2008.
2) Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for the future growth of Frederick County.
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 fUtln•e physical development of Frederick County.
[Comprehensive Policy Plat, p. 1-1]
Land Use
The property is located Within the County's Sewer and Water Service Area (SWSA). The
Sewer and Water Service Area defines the general area in which more intensive forms of
planned commercial, and industrial development will occur. The Land Use Plan and the Eastern
Frederick County Long Range Land Use Plan designate this area for industrial land use. The
Plan recognizes the desire to provide for industrial uses along the CSX Railroad.
The application of quality design standards for future development is also an objective of the
Plan; in particular, along business corridors. These include landscaping, screening, and
controlling the number and size of signs.
0 0
Rezoning #09-15 Artillery Business Center
October 13, 2015
Page 4
Transportation
The Frederick County Eastern Road Plan provides the guidance regarding future arterial and
collector road connections in the eastern portion of the County by identifying needed
connections and locations. Plans for new development should provide for the right-of-ways
necessary to implement planned road improvements and new roads shown on the road plan
should be constructed by the developer when warranted by the scale, intensity, or impacts of the
development. Existing roads should be improved as necessary by adjacent development to
implement the intentions of the plan (Comprehensive Plan 7-0).
The Eastern Road Plan of the Comprehensive Policy Plan call for Shady Elm Road to be
improved to a major collector road. In addition, a new east and west major collector road
connecting Shady Elm Road to Route 1 I is i(Ienti(ied.'file COUllty's Eastern Road Plan further
defines the appropriate typical section for these major collector roads as an urban divided four -
lane facility.
Tile Plan also states that proposed industrial and commercial development should only occur if
impacted roads function at Level of Service (LOS) Category C or better.
3) Site Suitability/Environment
Tile 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
Frederick County Engineer has referenced the potential for wetlands to exist on this site based
upon the presence of an existing pond. Also, the Frederick County Engineer has identified that
a detailed geotechnical analysis will be needed as part of the detailed site plan design as this
area is also known for karst topography.
4) Potential Impacts
The primary impact of the proposed proffer revision would be to shift resources from
implementing an additional lane of Shady Elm Road and $250,000 cash proffer for
transportation to a commitment to revenue sharing for the full connection of Renaissance Drive.
5) Proffer Statement
Clean and redline versions of the proffer statement are attached to this report.
Changes are as follows:
I . $250,000 cash proffer toward transportation has been removed.
2. Additional right lane on north bound Shady Elm has been removed.
3. Commitment to enter into revenue sharing agreement to provide local match for the
Rezoning 09-15 Artillery Business Center
October 13, 2015
Page 5
completion of Renaissance Drive from Its currCnt tCI'i11111LIS to Shady Elm Road has been
added.
4. Limitation of 1 building permit per parcel 2 permits total until such time as a revenue
sharing agreement has been executed has been added.
5. Right-of-way dedication along Shady Elm Road has been removed due to its
completion.
6. Right-of-way obligation across parcel 74-A-68 (Carbaugh) has been removed.
7. Five year limitation on warehouse and distribution has been removed.
8. hlternal access road proffer has been removed clue to redunclancy with the ordinance.
STAFF CONCLUSIONS FOR THE 10/21/15 PLANNING COMMISSION MEETING:
Please note that this report responds to the most recent proffer draft dated October 5, 2015. As of the
date of this report going to ]mint a signed version of that proffer statement has not yet been received.
The proposed modified proffers replace transportation commitments for improvements to Shady
Elm Road, $250,000.00 in cash transportation proffers, and right of way provision across 74-A-68
with a commitment to participate in revenue sharing to complete Renaissance Drive from its
existing terminus near Prosperity Drive to Shady Elm Road. Building permits are limited to 2 on
the property (I per parcel) until such time as the applicant enters into a revenue sharing agreement
with the County.
While there are still items that could potentially lead to the ultimate roadway being delayed in its
construction such as the right-of-way acquisition process or potential difficulties achieving a rail
crossing, the proffer modifications return equivalent value to provisions that are being replaced and
move forward the implementation of the Comprehensive Plan and the Eastern Road Plan.
Following the required public hearing, a recoil men(hition regmir(fing tills rezoning application to
the Board ofSuper►isors would he appropriate. Tlie applicant shor(lll be pl'epared to adequately
mhlre,y all concerns rai.ved by the Planning Coninthy41on.
0 •
PROPOSED PROFFER STATEMENT
REZONING: RZ. #
Light Industrial (i%-I1) to Light industrial (N41)
PROPER"1T: 57.6 acres +/-;
Tax N,lap Parcels 75-i\-1F ("l,and Bay I") and 75-,,\-1 ("Land Bay 2")
[collectively, the "Property"I
RECORD OWNER: NW Works, Inc. ("Land Bay 1 Owner");
Venture I ofWinchester, LLC ("Land Ray 2 Owner")
\1PL.IC;\N'1'S: N\\' \\'orks, Inc. & Venture I of \\'inchcster, I,I,C
PROjliCI' N�A1\f1:?: Artillery Business Center
ORIGINAL
OI' PROI'1'I-RS: February 7, 2008
REN'ISI0N DXI'13(S): September 2, 2015; September 24, 2015; October 5, 2015
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced \11 conditional rezoning is not granted as applied for by the applicant ("t\pplicant"),
these proffers shall be deemed withdrawn and shall be null and void. Furchcr, these proffers arc
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last day upon which the 1'rederick County Board of County
Supei-visors (the "Board") decision granting the rezoning may be contested in the appropriate court.
If the Board's decision is contested, and the i\pplicant elects not to submit development plans until
such contest is resolved, the term rezoning shall include the day following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal. The headings of the proffers set forth
below have been prepared for convenience or reference only and shall not control or affect the
meaning or be taken as an interpretation of any provision of the proffers. The term "Land Bay "1
Owner" as referenced herein shall include within its meeting all future owners and successors in
interest for Tax 1\,Iap Parcel 75-A-11'. The term "Land Bay 2 Owner" as referenced herein shall
include within its meaning all future owners and successors in interests for Tax i\,tap Parcel 75-A-1.
When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled
"Generalized Development Plan, Artillerti, Business Center" dated February 6, 2007 revised Y\ugust
14, 2015 (the "GDP").
Monetary Contribution
1.1 The Land Bay 2 Owner shall contribute to the Count)l of L'rederick the sutra of
55,000.00 for fire and rescue purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP.
1.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
52,500.00 for Sheriff's office purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Ray 2, as depicted on the GDP.
rem,
U
Prof er Statement
•
Arii1lel-p Business Center
1.3 The Land I3ay 2 Owner shall contribute to the County o[ Frederick the sunl of
S2,500.00 for general government purposes prior to issuance of a ccrtificatc of
occupancy for the first building constructed on Land Bay 2, as depicted on the GDP.
Site Development
2.1 Direct access to the Property from Shady Elm Road shall be linlited to a masinlunl
of 2 entrances as shown on the GDP with entrance improvements subject to MOT
review and approval. (Sec I on (DP).
29 The Land 13a>, 2 Owner shall design a future k'ast-West Collector Road utllizing an
80 foot right of way as depicted on the GDP from Point A to Point I3 as a Rural 4
Lane Divided (R4D) cross section. The Land Bay 2 Owner shall then dedicate 80
feet of right of way and construct the ultinlate two westbound lanes of the Collector
Road for a minima n of 1 100 feet as shown from Point A to Point 13 on the GDP
upon any of the following conditions, whichever occurs first: (Sec 2 on GDP)
• Prior to issuance of a certificate of occupancy for any structure located in
Land I3ay 2.
• Prior to issuance of a certificate of occupancy for any stl-ucturc with
associated land area, as depicted by site plan, within band Ray 2.
• Upon cornmencenlent of construction of a railroad crossing as shown on the
GDP for the bast -\\Vest Collector Road.
• Prior to December 31, 2020.
2.2.1 Prior to issuance of a second building permit within Land Bay I or a second
building permit within Land Bay 2, the Land 13ay 2 Owner shall enter into an
agreement with Frederick County for the funding of the design and
construction as well as right of way acquisition, if necessary, for the East-
West Collector Road as depicted on the GDP. Frederick County, at the tinge
of the filing of this proffer, has entered into a Project Administration
Agreement with the Commonwealth of Virginia Department of
"Transportation, which provides for the construction of the least -West
Collector Road from Valley Pile (Rt. 11) to Shady Islnl and which further
provides for a cost share of the design and construction costs for said East-
West Collector Road. The agreement between the Land Bay 2 Owner and
Frederick County to be entered into (if it has not already done so prior to the
approval of this proffer amendment) shall provide for the participation in
and funding of the design and consu-uction of the East -\Vest Collector Road,
Which provides for the payment of the County match portion of the Project
Administration Agreement between Frederick County and the
Conlnlomvcalth. It is the understanding of the Land Bay 2 Owner that
frederick County intends to seek additional revenue sharing funds for the
conlplcuon of the Fast -West Collector Road, including potential right of way
acquisition costs.
2 2.2 The Land 13ay 2 Owner shall construct a maxinlulll of two entrances on the
portion of the Fast -\Vest Collector Road constructed by the Land I3ay 2
Owner as shown on the GDP.
2.4 A geotechnical analysis shall be prepared and submitted to Frederick County for any
structures prior to site plan approval.
2of5
0 •
Pro%/'er Statemew Arlille r.p Business Cenler
2.5 Development of the Property shall not exceed a 0.4 floor Area Ratio (FAR).
3. Landscape Buffers Hiker/Biker Facilities, & Additional Right of Way
3.1 Within the 25 foot harking setback between on -site harking areas and the proposed
right of ways for Shady I.:hn Road and the lsast-\\pest collector as required by � 165-
202.OID(6)(c) of the Frederirk Coil/p Cork', the Applicant shall construct a 10 foot
asphalt trail. In addition, the Applicant shall provide a densely planted landscape
screen as depicted by attached 1 xhibit A, as revised July 15, 2015, consisting of street
trees planted 50 feet on center between the proposed right of way and the asphalt
trail as well as a double row of evergreen trees with a minimum density of three
plants per 10 linear feet and a minimum height of four feet at time of planting
located between the proposed wail and any harking areas.
Design Standards
4.1 An} building facade fronting Shady Elm Road or the proposed East-West Collector
Shall be constructed of one or a combination of the follo"ving : cast stone, stone,
brick, architectural block, glass, wood, dry vit or stucco.
Historic Resources
5.1 The Land Bay 2 Owner shall complete a survey documenting any historic structures
on band Bay 2 in general accordance with the guidelines established by the
Preliminary Information Dorm from the Department of Iistoric RCSOurCCS. Any
documentation created as part of said survey shall be provided to Frederick County
Planning Staff and shall be completed prior to demolition of any historic buildings
located on the Property.
3.2 The Land Bap 2 O%vner shall contribute to the Count�' of Frederick the sum of
55,000.00 for purposes associated with historic Star Dort prior to issuance of a
certificate of occupancy for the first building constructed on Land Bay 2.
SIGNATURI_(S) APPf�AR ON THE' FOLLOWING PAG13(S)
3 of 5
f,J
L�
Pro%%er Statement
Venture I of Winchester, LLC
By:
Date:
ST.\ YE OF VIRGINIA, AT I„ \RMI:
FRf'Df�RICK COUN Y, To -wit:
Artille n, Business Cenler
Flic foregoing instrument was acknowledged before me this day of
2015, b}�
My commission expires
NotarV Public
4of5
U
n
�I
Prof r Stalemew
N\V Works, Inc.
By:
Date:
STATE 017 YIRGINIA, AT LARGE,
FREME'RICK COUN"I'Y,'I'o-wit:
Artillery Business Center
The foregoing 1nStrUL71CIlt was acknowleclgecl before me this day of
2015, b>>
Nty commission cspircs
Notary Public
5 of' 5
SHADY ELM ROAD
3' HEDGEROW AS REQUIRFD PER 165-202.OID(13)(a)
3 7RFFS PLAN7E'D PER 10 LINEAR IWET
(E{'FRGRFFA9
PARKING AREA
I
10' ASPHALT TRAIL
STRFFT 7REFS 50'
ON CEMYER
40' R1W DCDICA770N (COAtPLE7EQ) d
ENTRANCE IAIPROVAIENTS
EXISTING SHADY ELAI ROAD (10' R/n)
— 25
PARKING SA -MAUVE (MINIMUM)
N07G'•
S7REE7 TREES AND LANDSCAPE SCREEN
(3 TREES PER 10 LINEAR RM) PROVIDED
IN ADDI770N TO ANY LANDSCAPING
0771TV?1PISE REQUIRED BY ORDINANCE
EAST —WEST COLLECTOR ROAD
3' HEDGFROW AS REQUIRED PEI? 165-20201D(13)(a)
3 TREES PLANTED PER 10 LINEAR FEET
(EVERGREEN)
PARKING AREA
:iii irit rirlr
10' ASPHALT 7RAIL
QO' R/11' DEDICATION &
ROAD COA'S77RUCTION
\\—SMEETMILMS 50'
ON CEN7ER
PARKING SE79,11CK (AIINIHUAI)
N07E•
5'7REF.T TREES AND LANDSCAPE SCREEN
(3 TREES PER 10 LINEAR I%EET) PROVIDED
IN ADDI770N TO ANY LANDSCAPING
OTIIERIVISE REQUIRED BY ORDINANCE
ARTILLERY BUSINESS CENTER
Pennoni Associates, Inc.
U EXHIBIT A 117 E. Picadilly St. Winchester, Virginia 22601
a VOICE: (540) 667-2139 FAX: (540) 665-0493
�l Ul FREDERICK COUND' VIRGINIA
REZONING APPLICATION #09-15
Artillery Business Center — Proffer Amendment
Staff Report for the Board of Supervisors
Prepared: October 22, 2015
Staff Contact: John A. Bishop, AICP, Deputy Director -Transportation
Reviewed
Planning Commission: 10/21/15
Board of Supervisors: 10/28/15
Action
Public Hearing Held; Recommended Approval
Pending
PROPOSAL: To amend proffers on 57.6-1-/- acres made up of parcels 75-A-I and 75-A-IF. The
rezoning would modify proffers approved by the Board Of'Supervisors on February 18, 2008 as part of
Rezoning Application #07-08. The proffer revisions address the timing and commitments for
transportation proffers.
LOCATION: The property is located approximately 1,500 feet south of Route 37 on the east side of
Shady Elm Drive (Rt. 651) and across from Soldier's Rest Lane.
STAFF CONCLUSIONS FOR THE 10/28/15 I OARll OF SUPERVISORS MEETING:
This is an application to modify proffers on 57.6+/- acres of land currently zoned M 1, (Light Industrial).
Please note that this report responds to the most recent proffer draft dates( October 5, 2015.
The proposed modified proffers replace transportation commitments for improvements to Shady Elm
Road, $250,000.00 in cash transportation proffers, and right-of-way provision across 74-A-68 with a
commitment to participate in revenue sharing to complete Renaissance Drive from its existing terminus
near Prosperity Drive to Shady Elm Road. Building permits are limited to 2 on the property (I per
parcel) until such time as the applicant enters into a revenue sharing agreement with the County.
A motion was made, Seconded, and passed to recommend approval by the Planning Commission with a
suggestion that the Applicant include within the proffers a deadline for road construction to reflect 24 to
36 months.
While there are still items that could potentially lead to the ultimate roadway being delayed in its
construction such as the right-of-way acquiSltioll process or potential dlffiCulties achieving a rail
crossing, the proffer modifications return equivalent value to provisions that are being replaced and
move forward the implementation of the Comprehensive Plan and the Eastern Road Plan.
Followinng the required public hearing, a recommendation regan ilr;; this i-ezoning application to
the Board or Supervisors would be appropriate The applicant should be prepared to adeguatelh
address all conncernns raised by the Board of Supervisors.
Cl
•
Rezoning #09-15 Artillery BLisiness Center
October 22, 2015
Page 2
This report is prepared by the Frederick County Planning Staff to provide infavnation to the
Planning Commission and the Board of Supervisors to assist theist it making a decision on this
application. It maj, also be useful to others interested it this Zoning matter. Unresolved issues
concei-ning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 10/21/15 Public Hearing Held; Recommended Approval
Board of Superwisors: 10/28/15 Pending
PROPOSAL: To amend proffers on 57.6+/- acres nIaCIC L11) oI parcels 75-A-1 and 75-A-IF. The
rezoning would modify proffers approved by the Board of Supervisors on February 18, 2008 as part of
Rezoning Application 807-08. The proffer revision addresses the timing and commitments for
transportation proffers.
LOCATION: The property is located approximately 1,500 feet south of Route 37 on the east side of
Shady Elm Drive (Rt. 651) and across from Soldier's Rest Lane.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY Ill NUMBERS: 75-A-1 and 75-A-1 F
PROPERTY ZONING: M I (Light Industrial)
PRESENT USE: Vacant/Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North:
M 1 (Light Industrial)
USE:
Industrial
South:
RA (Rural Areas)
Use:
Agricultural
Fast:
B3 (Industrial Transition)
Use:
Commercial/Vacant
West:
RA (Rural Areas)
Use:
Agricultural
M 1 (Light Industrial)
Vacant
Rezoning 909-15 Artillery Business Center
October 22, 2015
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see allachecl communication datecl Oclober 13, 2015 aml
September 25, 201 5,fi•om Lloyd A. Ingram, IIDOT Land Development Engineer.
Frederick County Attorney: Please see allached communication dated October 21, 2015 and
September 28, 2015, ,from Roderick B. 1+71liams, Count)) Allorney.
Planning & Zoning:
1) Site Histoiy
The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the
Subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning
districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision Of the "zolllllg Illap resulted in the re -mapping Of the Subject property and all Other A -I
and A-2 zoned land to the RA District. This property was rezoned with proffers to M1, (Light
Industrial) District, on February 13, 2008.
2) Compl•eliensive Policy Plan
The 2030 Comprelensive Plan is the guide for the future growth of Frederick County.
The Frederick County Comprehensive Policy Plan is an Official public document that serves as
the C011111111n1ty'S guide for making decisions regarding development, preservation, public
facilities and other key components Of c0n1n1unity 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 J
Land Use
The property is located within the County's Sewer and Water Service Area (SWSA). The
Sever and Water Service Area defines the general area In which more intensive forms of
planned commercial, and industrial development will occur. The Land Use Plan and the Eastern
Frederick County Long Range Land Use Plan designate this area for industrial land use. The
Plan recognizes the desire to provide for industrial uses along the CSX Railroad.
The application Of quality design standards for future development is also an objective of the
Plan; in particular, along business corridors. These Include landscaping, screening, and
controlling the number and size of signs.
Rezoning 409-15 Artillery Business Center
October 22, 2015
Page 4
Ti•ansportcition
The Frederick County Eastern Road Plan provides the guidance regarding future arterial and
collector road connections in the eastern portion 01' the County by identifying needed
connections and locations. Plans for new development should provide for the right-of-ways
necessary to Implement planned road improvements and new roads shown on the road plan
should be constructed by the developer when warranted by the scale, intensity, or impacts of the
development. Existing roads should be improved as necessary by adjacent development to
implement the intentions of the plan (Comprehensive Plan 7-6).
The Eastern Road Plan of the Comprehensive Policy Plan call for Shady Elm Road to be
improved to a major collector road. In addition, a new east and west major collector road
connecting Shady Elm Road to Route I 1 is identified. The County's Eastern Road Plan further
defines the appropriate typical section for these major collector roads as an urban divided four -
lane facility.
The Plan also states that proposed industrial and Commercial dcVClOpment ShOLlld Only OCCUr if
impacted roads function at Level of Service (LOS) Category C or better.
3) Site Suitability/Environment
The site does not contain an), environmental features that would either constrain or preclude site
development. There are no identified areas of steep slopes, floodplains or woodlands. The
Frederick County Engineer has referenced the potential for wetlands to exist on this site based
upon the presence of an existing pond. Also, the Frederick County Engineer has identified that
a detailed geotechnical analysis will be needed as part of the detailed site plan design as this
area is also known for karst topography.
4) Potential Impacts
The primary impact of the proposed proffer revision would be to shift resources from
implementing an additional lane of Shady Elm Road and $250,000 cash proffer for
transportation to a commitment to revenue sharing for the full connection of Renaissance Drive.
5) Proffer Statement
Clean and redline versions of the proffer statement are attached to this report.
Changes are as follows:
1. $250,000 cash proffer toward transportation has been removed.
2. Additional right lane on north bound Shady Elm has been removed.
3. Commitment to enter into revenue sharing agreement to provide local match for the
Rezoning #09-15 Artillery Business Center
October 22, 2015
Page 5
completion of Renaissance Drive from its current terminus to Shady Elm Road has been
added.
4. Limitation of I building permit per parcel 2 permits total until such time as a revenue
sharing agreeIllent has bcen eXCCUtCd has been added.
5. Right-of-way dedication along Shady Elm Road has been removed due to its
completion.
6. Right-of-way obligation across parcel 74-A-68 (Carbaugh) has been removed.
7. Five year limitation on warehouse and distribution has been removed.
8. Internal access road proffer has been removed due to redundancy with the ordinance.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/21/15 MEETING:
Staff reported this rezoning is a proffer modification to Rezoning 1107-08 which was approved by the
Board of Supervisors on February 18, 2008. The proffcr revisions address the timing and commitments
for transportation proffers.
Staff' explained the proposed proffer modifications replace transportation commitments for
improvements to Shady Elm Road, $250,000 in cash transportation proffers, and the right-of-way
provision across 74-A-68 with the commitment to participate in revenue sharing in the completing of
Renaissance Drive from the current ending location to Shady Elm Road. Staff noted building permits
are limited to 2 on the property (1 per parcel) until the Applicant enters into a revenue sharing
agreement with the County.
Staff noted there are items that could delay the completion of the roadway such as the right-of-way
acquisition and acquiring a rail crossing. Commissioner Unger requested that Mr. Bishop clarify the
shift in proffers from Shady Elm and cash to the revenue sharing agreement. Mr. Bishop emphasized
that the full connection of Renaissance Drive offers greater value to the County than Shady Elm
improvements. Commissioner Oates noted a concern about there not being a time requirement for
entering into the reverILIC sharing agreement in addition to the bUildillg pCrlllit trigger. Mr. Bishop
agreed a time frame would be beneficial due to the timeline for availability of funds from VDOT.
A motion was made, seconded, and passed to recommend approval by the Planning Commission with a
suggestion that the Applicant include within the proffers a deadline for road construction to reflect 24-
36 months.
Absent: Crockett
Rezoning #09-15 Artillery Business Center
October 22, 2015
Page 6
STAFF CONCLUSIONS FOR THE 10/28/15 BOARD OF SUPERVISORS MEETING:
This is an application to modify proffers on 57.6+/- acres of land Currently zoned M 1, (Light Industrial).
Please note that this report responds to the most recent proffer draft clated October 5, 2015.
The proposed modified proffers replace transportation commitments for improvements to Shady Elm
Road, $250,000.00 in cash transportation proffers, and right of way provision across 74-A-68 with a
commitment to participate in revenue sharing to complete Renaissance Drive from its existing terminus
near Prosperity Drive to Shady Elm Road. Building permits are limited to 2 on the property (1 per
parcel) until such time as the applicant enters into a revenue sharing agreement with the County.
A motion was made, seconded, and passed to recommend approval by the Planning Commission with a
suggestion that the Applicant include within the proffers a deadline for road construction to reflect 24 to
36 months.
While there are still items that could potentially lead to the ultimate roadway being delayed in its
ConStruCtion Such as the right-of-way acquisition process or potential difficulties achieving a rail
crossing, the proffer modifications return equivalent value to provisions that are being replaced and
move forward the implementation of the Comprehensive Plan and the Eastern Road Plan.
rollon,ing the reltnlred public hearing, a decision regyaidingr this mzoning application to the
Board o%Stlpervisoi•s would be lrppropriate The applicant should be prepared to adeltnately
allllress all concerns raised by the Board of Supei-Nsoi•s.
M1 (Industrial, Light District)
M2 (Industrial. General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
Note:
Frederick County Dept of
REZ # 09 - 15 Planning & Development
Artillery Business Center 107 N Kent St e
PINS: Suite 202
Winchester. VA 22601
75-A- 1,75-A- IF 540-665-5651
Revise Proffers Map Created: September 29. 2015
Staff: jbishop
0 275 550 1.100 Feet
S Applications
Parcels
Building Footprints
Note:
Frederick County Dept of
REZ # 09 - 15 Planning & Development
Artillery Business Center 107 N Kent St e
Suite 202
PINs: Winchester, VA 22601
75 - A - 1. 75 - A - I F 540-665-5651
Revise Proffers Map Created: September 29, 2015
Staff: jbishop
0 275 550 1.100 Feet
0 0
PROPOSED PROFFER STATEMENT
REZONING: RZ. #
Light Industrial (M1) to Light Industrial (1\11)
PROPERTY: 57.6 acres +/-;
Tax Map Parcels 75-A-1F ("Land Bay 1") and 75-A-1 ("Land Bay 2")
[collectively, the "Property"]
RECORD OWNER: NW Works, Inc. ("Land Bay I Owner");
Venture I of Winchester, LLC ("Land Bay 2 Owner")
APPLICANTS: NW Works, Inc. & Venture I of Winchester, LLC
PROJECT NAME: Artillery Business Center
ORIGINAL DATE
OF PROFFERS: February 7, 2008
REVISION DATE(S): September 2, 2015; September 24, 2015; October 5, 2015
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"),
these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning wlich
is in effect on the day following the last day upon which the Frederick County Board of County
Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court.
If the Board's decision is contested, and the Applicant elects not to submit development plans until
such contest is resolved, the term rezoning shall include the day following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal. T'he headings of the proffers set forth
below have been prepared for convenience or reference only and shall not control or affect the
meaning or be taken as an interpretation of any provision of the proffers. The term "Land Bay 1
Owner" as referenced herein shall include within its meeting all future owners and successors in
interest for Tax Map Parcel 75-A-1F. The term "Land Bay 2 Owner" as referenced herein shall
include witlin its meaning all future owners and successors in interests for Tax Map Parcel 75-A-1.
When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled
"Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised August
14, 2015 (the "GDP").
Monetary Contribution
1.1 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$5,000.00 for fire and rescue purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP.
L2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$2,500.00 for Sheriffs office purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP.
1 of 5
•
U
Proffer Stalentent
Artillery Business Center
1.3 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$2,500.00 for general government purposes prior to issuance of a certificate of
occupancy for the first building constructed on Land Bay 2, as depicted on the GDP.
Site Development
2.1 Direct access to the Property from Shady Elm Road shall be limited to a maximum
of 2 entrances as shown on the GDP with entrance improvements subject to VDOT
review and approval. (See 1 on GDP).
2.2 The Land Bay 2 Owner shall design a future East-West Collector Road utilizing an
80 foot right of way as depicted on the GDP from Point A to Point B as a Rural 4
Lane Divided (R4D) cross section. The Land Bay 2 Owner shall then dedicate 80
feet of right of way and construct the ultimate two westbound lanes of the Collector
Road for a minimum of I100 feet as shown from Point A to Point B on the GDP
upon any of the following conditions, whichever occurs first: (See 2 on GDP)
• Prior to issuance of a certificate of occupancy for any structure located in
Land Bay 2.
• Prior to issuance of a certificate of occupancy for any structure with
associated land area, as depicted by site plan, within Land Bay 2.
• Upon cocrunencement of construction of a railroad crossing as shown on the
GDP for the East-West Collector Road.
• Prior to December 31, 2020.
2.2.1 Prior to issuance of a second building permit widen Land Bay 1 or a second
building permit within Land Bay 2, the Land Bay 2 Owner shall enter into an
agreement with Frederick County for the funding of the design and
construction as well as right of way acquisition, if necessary, for the East-
West Collector Road as depicted on the GDP. Frederick County, at the time
of the filing of this proffer, has entered into a Project Administration
Agreement with the Commonwealth of Virginia Department of
Transportation, which provides for the construction of the East-West
Collector Road from Valley Pike (Rt. 11) to Shady Elm, and which further
provides for a cost share of the design and construction costs for said East-
West Collector Road. The agreement between the Land Bay 2 Owner and
Frederick County to be entered into (if it has not already done so prior to the
approval of this proffer amendment) shah provide for the participation in
and funding of the design and construction of the East-West Collector Road,
which provides for the payment of the County match portion of the Project
Administration Agreement between Frederick County and the
Commonwealth. It is the understanding of the Land Bay 2 Owner that
Frederick County intends to seek additional revenue sharing funds for the
completion of the East-West Collector Road, including potential right of way
acquisition costs.
2.2.2 The Land Bay 2 Owner shall construct a maximum of two entrances on the
portion of the East-West Collector Road constructed by the Land Bay 2
Owner as shown on the GDP.
2.4 A geotechnical analysis shall be prepared and submitted to Frederick County for any
structures prior to site plan approval.
2of5
9
s
Proffer Stalement Artillery Business Center
2.5 Development of the Property shall not exceed a 0A Floor Area Ratio (FAR).
Landscane Buffers, Hiker/Biker Facilities & Additional Riaht of Wa
3.1 Wlthin the 25 foot parking setback between on -site parking areas and the proposed
right of ways for Shady Elin Road and the Last -West collector as required by � 165-
202.010(6)(c) of the Frederick Co✓nrly Code, the Applicant shall construct a 10 foot
asphalt trail. In addition, the Applicant shall provide a densely planted landscape
screen as depicted by attached Exhibit A, as revised July 15, 2015, consisting of street
trees planted 50 feet on center between the proposed right of way and the asphalt
trail as well as a double row of evergreen trees with a rr inuntun density of three
plants per 10 linear feet and a minimum height of four feet at time of planting
located between the proposed trail and any parking areas.
Design Standards
4.1 Any building facade fronting Shady Elm Road or the proposed East-West Collector
shall be constructed of one or a combination of the following : cast stone, stone,
brick, architectural block, glass, wood, dry vit or stucco.
5. Historic Resources
5.1 The Land Bay 2 Owner shall complete a survey documenting any historic structures
on Land Bay 2 in general accordance with the guidelines establishes] by the
Preliminary Information Form from the Department of I-listoric Resources. Any
documentation created as part of said survey shall be provided to Frederick County
Planning Staff and shall be completed prior to demolition of any historic buildings
located on the Property.
5.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$5,000.00 for purposes associated with historic Star Fort prior to issuance of a
certificate of occupancy for the first building constructed on Land Bay 2.
SIGNATURE(S) APPEAR ON TI-IE FOLLOWING PAGE, (S)
3of5
Proffer Statement
Artillery Business Center
Venture I of Winchester, LLC/,
By;
Date: / i SIls
STATE OF VIRGINIA, AT LARGE-
FREDERICK COUNTY, To-xvit: G
The foregoing instrument was acknowledged before me thus 1 J'-h day of
2015, by crald g mahi Jr,, Mal/ r (f Wit R I OP Mr(h,mer, LLc—
Ui�rn
rmfa)lN Palo[ tG
4 � t i c r t t i "
My commission
expires tb 3 15
` I T b o `
Notary Public Ali
Son T, WW - -
l
- -;a° •'.';i,' ���
l .. .
4 of 5
•
Proffer Statement Artillery Business Center
NW �\/or
By:
V (/vQI
Date:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To-«rit:
The Eoregoi g instrument was acknowledged before me Iles da} of ,
2015, by �a 1 �o � id J W L_
rrrirrr
My corni 'ss.0IMpires
Notary Public
5 of 5
• Or
O
• siP
� P
•
\ DUFFER, LANDSCAPING,
\ �C 10' ASPHALT TRAIL
LAND BAY 1
� P \ \ � (Approx. 11.00 acres)
\0 • �00 V
0
2
`\\\ is
5`
` n • — LAND BAY 2 -
80' R/W DEDICATION & �'(Approx. 40.60 acres)
CONSTRUCTION OF MINIMUM
1100' 2 LANE ROADWAY
B
TM 74—A-68 0
FUTURE SHADY ELM/ROUTE 11 CONNECTOR ROAD O
(EAST —WEST COLLECTOR ROAD) 0
C
RAI
p D
P F�N4/sS�N`, To
Q O� RPU/P
ti ARTILLERY BUSINESS CEN7ER Pennoni Associates, Inc.
GENEI?ALIZED DEV[ OPMENT PLAN
O \ U) 111 E. Picadilly St. Winchester, Virginia 27.601
O� Q VOICE: (540) 661-2139 FAX: (540) 665-0493
FREDERICK COUNTY, VIRGINIA
SHADY ELM ROAD
3' HEDCEROIY AS REQUIRED PER 165-202.01D(13)(a)
3 TREES PLANTED PER 10 L/N&IR FEET
4(ATFRCREEW)
PARKING AREA
10' ASPHALT TRAIL
STREF7' 7REES 50'
ON CENTEl1
40' RIX DEDICA77ON (COAfI'LE7GD) &
ENTRANCE /AfPRO VMFN7S
EXISTING SHADY ELAf ROAD (40' R/fiq
— 25 " PARING STIRACK (MINIMUAf�
NOTE'
STREET TREES AND LANDSCAPE SCREEN
(3 TREES PER 10 LINEAR I ETT) PROVIDED
IN ADDITION TO ANY LANDSCAPING
OTIMMVISE REQUIRED BY ORDINANCE
EAST —WEST COLLECTOR ROAD
3' HEDGEROW AS REQUIRED PER 165-202010(13)(0)
3 TRF,F,S PIANTF,D PER 10 I✓NFAR
(EVERGREEN)
PARKING AREA
10' ASPIIALT TRAIL
60' RIX DEDICATION &
ROAD CONSTRUCT/ON
\\-57REET TREES 50 "
ON CLi YW?
—25" PARKING SETBACK (MINMUAf)
NOT/,.'
S7REE7' 7RFES AND LANDSCAPE SCREEN
(3 TREES PER 10 LINF,AR I I ETA PROVIDED
IN ADDITION TO ANY LANDSCAPING
077/0MISE REQUIRED BY ORDINANCE
ARTILLERY BUSINESS CENTER
Pennant Associates, Inc.
ul EXHIBIT A117 E. Picad ly St. Winchester, Virginia 22601
a VOICE: (540) 667-2139 FAX: (540) 665-0493
�I U, FREDERICK COUNIY, VIRCINIA
PROPOSED PROFFER STATEMENT
REZONING: RZ. #
Light Industrial (Ml) to Light Industrial (Ml)
PROPERTY: 57.6 acres +/-;
Tax Map Parcels 75-A-1 F ("Land Bay I") and 75-A-1 ("Land Bay 2")
[collectively, the "Property"]
RECORD OVINER: NW Works, Inc. ("Land Bay 1 Owner");
Venture I of Winchester, LLC ("Land Bay 2 Ownet'�
APPLICANTS: N\X' Works, Inc. & Venture I of Winchester, LLC
PROJECT NAME: Artillery Business Center
ORIGINAL DATE
OF PROFFERS: February 7, 2008
REVISION DATE(S): September 2, 2015; September 24, 2015. October 5. 2015
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"),
these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last day upon which the Frederick County Board of County
Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court.
If the Board's decision is contested, and the Applicant elects not to submit development plans until
such contest is resolved, the term rezoning shall include the day following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal. The headings of the proffers set forth
below have been prepared for convenience or reference only and shall not control or affect the
meaning or be taken as an interpretation of any provision of the proffers. The term "Land Bay 1
Owner" as referenced herein shall include within its meeting all future owners and successors in
interest for Tax Map Parcel 75-A-1F. The term "Land Bay 2 Owner" as referenced herein shall
include within its meaning all future owners and successors in interests for Tax Map Parcel 75-A-1.
When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled
"Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised August
14, 2015 (the "GDP"), _
Monetary Contribution
1.1 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$5,000.00 for fire and rescue purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP.
1.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$2,500.00 for Sheriff's office purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP.
1 of 6
•
Proffer Statement
•
Artillen• Business Center
1.3 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$2,500.00 for general government purposes prior to issuance of a certificate of
occupancy for the first building constructed on Land Bay 2, as depicted on the GDP.
Site Development
2.1 Direct access to the Property from Shady Elm Road shall be limited to a maximum
of 2 entrances as shown on the GDP with entrance improvements subject to VDOT
review and approval. (See 1 on GDP).
2.2 The Land Bay 2 Owner shall design a future East-West Collector Road utilizing an
80 foot right of way as depicted on the GDP from Point A to Point B as a Rural 4
Lane Divided (R4D) cross section. The Land Bay 2 Owner shall then dedicate 80
feet of right of way and construct the ultimate two westbound lanes of the Collector
Road for a minimum of 1100 feet as shown from Point A to Point B on the GDP
upon any of the following conditions, whichever occurs first: (See 2 on GDP)
• Prior to issuance of a certificate of occupancy for any structure located in
Land Bay 2.
• Prior to issuance of a certificate of occupancy for any structure
lir �ttr-f►lxrrY11th associated land area, as depicted b}L site plan, writhin land
Bad 2.
• Upon commencement of construction of a railroad crossing as shown on the
GDP for the East-West Collector Road.
• Prior to December 31, 2020.
2.2.1 Prior to issuance of a second building permit within Land Bay 1 or a second
building; pemiit within Land Bay 2 the band Bay '_ Owner shall enter into an
agreement with Frederick Count) for the funding of the design and
constniction as well as right of way acquisition if necessary. for
p�4—thc Fast-X'cst Collcctor Road prom n._:__. a Point PA —as
depicted on the GDP. Frederick Counh:. at the time of the tiling of this
proffer has entered into a Projcct :administration Agreement with the
ComtnomWr filth of Virginia Dcl2artmcnt of 'Transportation, which provides
for the construction of the Fast -\Vest Collector Road from Valley Pike (Rt.
II) to Shady I-Im and which further proyides for a cost share of the design
and construction costs for said East-West Collector Road. The agreement
bet«-ecn the Land Bay 2 Owner and Frederick County to be entered into (if
it has not already_donc so prior to the approval of this proffer amendment)
shall provide for the participation in and funding_ of the design and
construction of the Fast -\Vest Collector Road, which proyides for the
pa�-ment of the County match portion of the Projcct Administration
grecment between Frederick Count}- and the Commonwealth. It is the
understanding of the Land Bay 2 Owner that Frederick County intends to
seek additional revenue sharing; funds for the completion of the East-West
Collector Road includine potential right of w•ay acquisition costs. in the
iM
ProNr Statement
Artillery Business Center
c-ei�s�rttett<>rl-cal-t Ise-e��I�let-i<-�t3�-rf—I��a ins;;=+cam-'��=e--(�-ec->J�--cry-t-l-re
atmehed -tea, ' as nlay-4),e agreed to
Land Bay 2 0,N-- , then the ,. 2�nT
'il q,l d--g rill `-�, ' st-C �Neetc�r-I tc1� -a-I t tl�l-1;a1�e-E�i ifleel (IZ 11�)
toad"N-1y, ineitiditigthe at -grade ..
ice, q.t the GI-)P as PointD. if
tile F011 ofel 74s 68 and -rig tM=
.. stir'-t�eneen=ri:nt--of -tile design
the r. Weti G.olleeto"-�0l (-rPffni Point n to Point11, ,t, iii+ticiJi e+
Peiti, R to i)oin!
D „t tile. ; h". Id eros;,by
rz-o-ffer 2.2—T,-ri-rcr-«-r:ii',di..,...qid t31pt6\'tirricrrrrn-+
t t t,.. ,t, and rights to an at
2 .tc �r�-i;i=i�34
section fcr1-1><x-ttF>n; car- ill cif-t}�e-1 .� t��'es' ' �I��eatl tl3a�� 1ie1
f desired t confirmed in_«_4iangj)- -`vederiek Gounty ,
Bay 2 Om-rler.
2.2.2 The Land Bay 2 Owner shall construct a maximurn of two entrances oil the
portion of the Bast -West Collector Road constructed by the Land Bay 2
Owner as shown on the GDP.
-.3 'With ective �er niay
eanstfuet an • .rnalaeeess neeei-,a
t l4(cr,c
V' with
, 'tied theHigve-obt eel the Ntic�i �titterl�j�l�,�.-�l-r��tl=,t <>tllei� rriel
Bay Owner. in the event that the internal iteee -oad travet-seg-both 1,and Bay 1 and
hand --Bay -2, the --it) c-R-tiHn--of the i-nterfiq! ae-eei:T-voad sl-allbe subject to
2.4 A geotechnical analysis shall be prepared and submitted to Frederick County for any
structures prior to site plan approval.
2.5 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR).
Landscane Buffers, Hiker/Biker Facilities & Additional Right of Wa
3.1 Within the 25 foot parking setback between on -site parkin, areas and the proposed
right of ways for Shady 131m Road and the Fast -West collector as required by 5 165-
202.01D(6)(c) of the Pred ick Conn, Code, the Applicant shall construct a 10 foot
�t�-rf Reereaken St-"'' In addition, the Applicant shall
asphalt trail to 13c�ps+
provide a densely planted landscape screen as depicted by attached Lxhibit BA as
revised July 15, 2015, consisting of street trees planted 50 feet oil center between the
proposed right of way and the asphalt trail as well as a double row of evergreen trees
with a minimum density of three plants per 10 linear feet and a minimum height of
four feet at tulle of planting located between the proposed trail and any parking
areas.
3of6
i •
Prole!' Slatement Arlillery Business Center
4. Design Standards
4.1 Any building facade fronting Shady Llm Road or the proposed Fast -West Collector
shall be constructed of one or a combination of the following : cast stone, stone,
brick, architectural block, glass, wood, dry vit or stucco.
Historic Resources
5.1 The Land Bay 2 Owner shall complete a survey documenting any historic structures
on +-he Propefyl,and liar 2 in general accordance with the guidelines established by
the Preli ninary Information Form from the Department of Historic Resources. Any
documentation created as part of said survey shall be provided to Frederick County
Planning Staff and shall be completed prior to demolition of any historic buildings
located on the Property.
5.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
.55,000.00 for purposes associated with historic Star Dort prior to issuance of a
certificate of occupancy for the first building constructed on Land Bay 2.
SIGNATURE(S) APPEAR ON TI-IE FOLLOWING PAGE(S)
Venture I of Winchester, LLC
By:
Date:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
4of6
r
Proffer Statement
0
Artillery Business Center
NTV" Wor -
Date: (�
STATE OF VIRGINIA, AT LARGE,
FREDERICK COUNTY, To -«,it:
The foregoi instrument uVas acknowteclgecl before me this day of
zoI by � Al A -AA-1w/,f�
•��
°MMoNwE�,,��':
i
IN'ty conui issjoi pires J acr
Notary Pubtic
5 ors
a Vvl
J
Proffer Slalemenl
Arlillery Business Cenler
The foregoing instrument was acknowledged before me this clay of
2015, bN
My commission expires
Notary Public
NW Works, Inc.
By:
Date:
STATE OF VIRGINIA, AT LARGE
FRLDI- RICK COUNTY, To -wit:
5 of 6
9
PrOIfe r Stale mew
Arlillery Business Cenler
fhe foregoing inswument mms acknowledged before me this day of
2015, by
My commission expires
Notary Public
6of6
• 9
ADM ENT
Action:
PLANNING TG COVfNI1SSI0I`1; January 16, 2008 - IZecomrnended Denial
BOARD OF SUPERVISORS: Pcbruary 13, 2008 APPROVI D �.� D1RNIID
AN ORDINTANCE AN.FI,NDIN(.3
THEE ZONING n1 sTR 1:CT Nf.AP
R1 RZONJ:NG 108-07 OF A:I ]IL:LJ R:R:Y BUS.IN-FSS C1"N'I F?R
�VIIEREAS, Rezoning tt08-07 of Artillery 13usiness center, submitted by Patton Harris Rust &
Associates to rezone 58.7 acres front RA (Rural Areas) Distl•ict to N/11 (Light industrial) District, with proffers; for L1ght Industrial Uses, %vas consldcl'ed. The pl'operty is located east and adjacent to Shady Llm
Road, approximately 1,500 feet south of Route 37, in the Back. Crock Magisterial District, and is identified
by Property Identification Number 75-A-1.
WI1LRT, S, the ]'tannin; Conl]lllsslon held a public hearing 011 (his " 011111f' oll Ja1Llary 16, 2005;
and
'"IfIEU,A S, the Board of Supervisors held a public hearing on this rezoning on February 13, 2008;
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 ill collfornumcc with the Comprehensive
Policy Plall;
NO A', THEREFORE, BE TI' ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Colic, Zoning, is amended to revise the Zoning District Map to
al
change 58.7 acres from R.A (Rural Areas) District to 1\�1.1 (LightIndustrial) Drb)ricA5 for Light � it Strci ll e
El
Uses, subject to the attached conditions voluntalrl) proffer g
property owner.
PDRcs 1,03-08
US ordinance shall be in effect on the date of adoption.
Passed this 13th clay of February, 2008 by the Mom,ing recorded vote:
Diehard L. SWCHC, Chninnau
Aye Gal � n. Lofton Aye
Aye Bill IA. Ewing Aye
Gary \�,�. Dove --- ---
Gene 11. Fisher Aye Charles S. Del liven, Jr. Iv=ty
Philip A. Lemieux Ay`
A co PY ATTEST
Jo ll, 1 J�1 'ley, . r.
Frctlel,icic County Administratoi
PDRes UR318
13ItOPOSED PROFE"EsR
REZONING: Z. 't
Rural Areas (RA) to Light Industrial (Nf 1)
PROPERTY: 58.7 acres +/-;
"I'ax Map Parcels 75 _A.-1 [the "PropertY")
RE,COI D OWZv13R: Vellture 1 of \X1inchester, UC
A.PPLICANIT: Venture T of Winchester, LLC
PROJECT NIA ME: Artillery Business Center
01ZIGINAL DAT'11
OF PROFFERS: December 26, 2006
REVISION DATr,(S): 2/6/07; 3/22/07; 4/3/07; 4/211/07; 5/1/07; 5/24/07; 6/28/07;
8/1/07. 8/17/07; 9/14/07; 9/19/07; 9/21/07; 10/9/07; 11/5/07;
11/6/07; 11/15/07; 12/2.1/07; 1/15/08; 2/7/08
The undersigned hereby proffers that the use and development of the subject propert},
("Propert);"), as clescJ'bed above, shall be in stl_ict conformance,,vit:h the foljo„.inJ; conditions, which
ShaLI supersede all Other proffers that may have been Jnssde pool: llereto. In the event that the above
referenced Ivll conditional rezoning is not granted as applied for by the applicalrt ("Applicant"),
these prolfecs shall be deemed withdrawn and shall be null and void. Further, these proffers sue
contingent upon [Ina] rezoning of the Property with "final rezoning" definecl as (hat r:ezotling v.') 'ch
is in effect on d1c clay following the last clay upon which the 1'redericic Count)Board of County
Supervisors (the "Board") decision granting the rezoning nlay be contested in the appropriate court.
If the Bosud's decision is contested, sold the A.pplicarrt elects not to submit development plans until
such contest is resolved, the teen rezoning shall include the day following entl:y of a final court.
order affirming the decision of the Board which has not been appealed, or, if appealed, the day
folio-w-ing which the decision has been affirmed on appeal. ',File headings of the proffers set forth
below have been prepared for coni'cluence or: reference only and shal.] not control Or affect '.Ile
meaning or be taken as an interpretation of any provision of t11e ])]:Offers- "I'hc terns "Applicant" as
referenced herein shall include within its meatling all fut.ur:e owriers and successors in ilnter:est. When
used ul Lhese proffers, the "Generalized Developrnlcnl Plan," sllall refer t:o the plan entitled
"Generalized DCPeloprnenL Plats, Arti.11e1�' Business Centel'" dated l"CbArar:}i 6, 2007 revised February
7, 2008 (tile "GDP"), and shall inchule the following:
mkouetil_ Lv ConLrlblatlon
1.1 The Applicant shall contribute to file Count}' of Frederick the sum of $5,000.00 for
fire and rescue purposes upon issuance of the fn:st building permit.
1.2 The ApplicanL shall contribute to the County of Frederick the sum of $2,500.00 for
Sheriff's office purposes upon issuance of the first building pernit.
1.3 The Applicant: shall contribute to the County of Frederick the sum of $2,500.00 for:
general govanrncnt purposes upon issuance of the first building permit.
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1.4 .the AppltcanL shall contribute to Lhe County' Of I't:ederick the such of 250000.00
for: the. design and/or construction of the future EasLAX1est Collector.' Road. or: for
any of:hc r transportation irnproven2enis as deemed necessary ley 1~redc.iAck County
and \%D07.'. Said monetary= contribution shal.l be made \Within 60 clays of issuance of
the Gist Certificate of Occupancy for any structu:e located On the Property.
2. Site DeveloPmerit
2.1 The Applicant shall dedicate 40 feet of right of way for Shady Hhn road along the
Property frontage as depicted on die GDP prior to issuance of the first bil.11ding
permit. Additionally, the Applicant shall uticlen tlu; existing northbound lane to a
total width of 2zl- feet of pavement as rrccasurcd fr:orn the CCIILcc: line of Shady Chn
frontage with Shady Elrn ]ZOad l:o provide for a CO Ltnuous
]toad along the Pr:opert:y
right turn lane along the Property frontage with Shady Elm Road. Direct access t:o
the Property from Shady Ehii Road shall be limited to a rrtaximuut of 2 entrances as
sho"vn on the GDP. The Applicant shall provide a double stripe lane marking for:
the centerline of Shady EIIn Road along the Pr:operLy frontage with Shady 17,1m Road
(See 1 On GDP)
2.2 1.'he Applicant shall design a Cuttue Ease-\71es- Collector Road ritllllr.ng an 80 foot
right OC way as depicted on the GDP fL'0111 Poi
A to Po' it �.., assurrriug an at grade
rrulroacl crossin;, a:; a Rural 4 Lane Divided (R4D) cross section prior to issuance of
the first Certif.ieate. of Occupancy for au}' structure located on the Pr:open}. "I'he
Applicaw. shall then decticate 80 feet of right of way and construct tyre ul6rnate two
westbound lanes of. the Collector: Road for a minimum of 1100 feet as shown from
Point A to Point 13 on the GDP upon any of t-he following concliLions, .vh.ichevcr
occurs first: (See 2 on GDP)
o Prior to issuance of the fourth btii.ld.irrtg pc:rrcai1: for the Property.
e Plior: to the issuance of. a lniilding permit for any structuc located in band
Bay 2.
ficate of Occupancy for any structure located iri
Prior to issuance of a certi
Land Bay 1 but with associated lsuicl arc" located i.n Lane] Bay 2 as depicted
by site plan.
Upon commencement of a raihroad crossing as shown on the GDP for the
Last-Viest Collector. Road.
Q Prior to December: 31, 2013.
22.1 The Applicant shall make available an 80' -vide u:act. of land across Tax Iviap
Parcel 74-A-68 as depicted on the GDP from Point B to Point C in
conformance with the road design provided by Proffer 2.2 for: the future
extension of the Vast -west Collector Road. The Applicant shall provide said
property at no cost: to the County, after: December 31, 2008 and within 90
clays of receiving written request from the County.
2.2.2 The Applicant shall construct a maximum of two entrances On the portion of
the Last-N)Vest. Collector Road constructed by the Applicant as shown on the
GDP.
2 of 5
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22.3 Land Bay 2. as shown on t_lie GD11 shall have access via the eastcxnJJiost
entrance located oil the port- oil of tile' 1_., %t-�)Jcsl C.ollect0l' RUad COnSIJ:Llcted
by the Applicant as shown on the GL)P.
2.3 The Applicant shall construct an internal access road, if necessary to mceL the
rccjuuernents for lot. access as identified by S� 4!1-2/C of the Fredoick, (,o ty Corlr to
serve the Pi:operiy to Virginia Departu.ierit: of Transportation standards with a
niiJii.tnuJn pavement: width of 26 feet.
2..4 A gcotechnical analysis shall be prepared and sill) rnII.ted to Fi:cdcrick County for ally
strircaur•es prior to site plan approval.
2.5 Development of the Property shall not cxcced a 0.11 Floor: Ai
Ratio (FAR).
2.6 The Properly sllall contain a minimum of Lhrec nscrs upon final built] -out.
2.7 No wmThousc-distribuLion facility greater: than 2.00,000 square feet sllall be
consttucicd on I:hc 1)ropercy within 5 }tc:;u.s of tlic Date of Final Rezoning.
2.8 Should the County or others obtain the rights to an at grade 1:21402d crossing for the
proposed EasLAXlcst Collector Road as identified on the GDP, the Applicant sha11
full), fund the design of saicl at grade crossing.
]_.anclseahe Buffers, ]:ulcer 13ikcr: ] aeilit�cs, �3c__l\ddition_rl Rioill of 1Xlay
3.1 Within the 25 foot parking setback between the proposed right of ways for: Shady
]-,—']in Road and the Last-NK/esL collector as r:cyulrcd by S 165-27E(5) of the 1:'redcluk
Coim, Code, Ilic Applicant shall construct a 10 foot asphalt tJ:ail to Departrrient of
R.ccr:eat:ion Standards. In addition, the Applicant shall provide a densely planted
landscape screen as depicted by Exhibit 11 as revised '1 /15/08 consisting of street
trees planted 50 feet on center beL%VeCn die proposed Light of wa), and the asphalt
trail as well as a double row of evergreen +tees with a n»ninn.m density of three
plants Pei: 10 linear feet and a imnimum beighL of four feet at llmc of planting
located between die proposed trail and any parldsig areas.
Design Standards
4.1 Any building facade fronting Shady Elin Road or the proposed East-West. Collector
s i l -he constructed of one oi: a combination of the following :cast stone stone
brick; �L:chilectlual block, glass, wood, dry vit or stucco.
11.2 Freestandu)g business sighs shall be limited to one monument style sign per: lot that
shall not exceed 20 feet in height. In addition, the Applicant may conslJ:uct one
main entrance/tenant directory sign along either Shady Elm Road or the proposed
East-West Collector as a monument style sign that shall not exceed 30 feet in height.
If revisions Lo die T-rrederrc CoimJ , Zoning; Ordimm(c are made which would limit the
size and/or number of signs to a greatel: extent than the aforementioned standards,
then the Applicant shall conform with the sign ordaiance standards in e}:istence at
the time of issuance of a permit for any sign located on the 1?roperty.
3 of
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11 The Applicant sh dl complete a survey documnnhng any listoric structures on tile.
Property in general accordance with die guidelines established by the Ptelill> n-"rY
Information Porn from the l.Departrnent of Historic Resources. Any docurnmMdon
created as part of said survey shall be provided to Frederick County Plan -nisi; Staff
and shall be completed prior to demolition of any buildings located on the Pr:oper:ty.
5.2 -]-be Applicant shall contribute to die, County of Frederick the Burn of $5,000.00 for
puuposes Associated with historic Star Port prior to issuance of the first building
pumlit.
Escaia1y CI_iuse
6.'1 In the event the 117onetary contributions set forth in the Proffer Statement ire paid
to the Mderick County Board Count}, SuperuTisors ("Board") within 30 months of
the approval of this rezoning, as applied for: by the Applicant, said contributions shall
be in the arnounts as stated herein. A.ny monelaq contributions set fords in the
Proffer Statemcnt which are paid to the Board after 30 months following fie
Approval of this rezoning shall be adjusted in accol:dance with the Urban Consunet
Price Index ("CPIU") published by the United States L)eparunent of Labor, such
that at the time contributions are paid, they shall be adjusted by die percentage
change in rile CPl-U from dint date 24 months after die approval of lluis rezoning to
the most recently available CPI-U to the date the contributions are paid, subject to a
cap of 6% per year, non-colnpoundecl.
SIGNATUI:E(S) APPEAR 01\ 'T IL POLI.ONVING PAGES)
4 of
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If
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ION
& RDA D W NING
j BUITER LANDSO APIW
10! AMT,.. RAIL'
Ud4D1,A3A)`-T_
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(Appf6i. 28.7 ones)
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LAND RAY2-
80'-R W DEDICATION & Ares)
."ONSIPLICTION OF MINIM
11 DO'_ 2 LANE ROMWA
TM 74-A-481
F -SH—A "EW7�-Ok,f`
UNFE- DY 1 1,614NEC I 'k IJOAD
(EAST-WrST/-6LLEtTOR,R1
k,..R/WRESERvATIQIq41) DESIG)f FROM'
�ELM•H TU�IE
R 0�9,, �O RAILROAD JCR SSING
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Jo
A R TlL L f R Y BUSINESS CENTER M Patton, Harris, Rust & Associates, pc
GF-MERALIZI-9 DEVELOPMENT PLAN 117 E. Picodilly St Yrinchester, Virginio 22601
(b VOICE: (540) 657-2139 FAX: (540) 665-0493
C!L FRELqCRjCK CoUlVrY KRUA1111
i SHADY ELM _BOA.I.)
r 3' //1,19CER01Y As REQtnEP P? Irs-z71'(11J(.�J
II
//--3 TJJ'jSS PJJiT 'D r"%'8 JO LINZA ' F.EET
(El T86PELA�
/ PARKING AREA
QD-
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i±'
10" ASPim9 .r.7Y(AIL, ::.
i?�
— .STRay 7REE.S :in'
Oil CLAW ll
0" I�/li' :9ENCAM.Al &
A'ORTIIIIOUA'D LANE tlfYltOVIJF.A'7:5'
E:d%S'7%A'C .SILAD3' L'uf ROAD (40' 101 )
-- 25' FART(ING SE79ACK (AIJAW,1 ,0
A'OTI.i:•
,57TGET 77;EES AND LAA'D5'r1lPF..' SCRE'l',A'
(3 M ES PLR 10 I,/A'L'AR JIM) PRO IJj9L"D
IA' IIDD1770AI 7'U ANY I,I A'DSC.9 PING
OTlllli'11Z5G RL''QUIREP Rr ORDINANCE
.�emia=r�oz.•.:�—ar.�r.:—_�.v-onfuv-un:.t, s.-u_:c:.:�m:uun�r�rr z.<cv_ea-::
EAST -WEST COLLECTOR ROAD
3' 1lFD(,ERVW AS REQUIRED PF_J7 I65-z/E(11)(n)
3 7PEF.,S P1.41UED PER IO 1Jh:c✓R F66-T
(BI'ERCRiiF.h'%
PARIUNC AREA
�/(o
�p 0
QO' R/U' DEDICATIOA' &
ROAD CONSTRUCTION
:; '.
ss,�tf'T 7Rffs Sn'
Oh' CEN) R
/—iRTIL I-FRr RuSINESs CFAITCR
EXHIQTT A
FREDCRICK COUh7Y, 14KG1/JlA
— 25' PARKIA'C b7,17311CK WIN Y10,119
NORT,
SLIT/sF'T TREES AArD LANDSCAPE SCRLLN
(3 7IiEES PER JO LINEAR FEE7) PROVIDED
IN ADDI770N TO ANY LANDSCAPING
OTIILRIJ7.SE' REQUIRED BY ORDINANCE
Poltoll, Harris, Rust & Associates, pc
117 E. Picadilly St. Winchester, 14rginin 22601
VOICE: (540) 667-2139 U{7,: (540) 665-0493
Proffer Stntenzent •
0 artlttel), 1SU.St17e.S'S l e11ie1"
Venhue I of Winchester, LLC
By: -4"
7 Zoo e Date:( ^`
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To--,xjit:
4
The foregoing instrun-ient was aclnowledged before me this '� 'day of -2
200%by�
I y coimnissio f-xp -es
i L-A- . T-g1Ptff-T--
Notary Public . z" t D NOTARY PI IFE
i
Commom .,:.:1 o! Virginia
Reg. #335697
My Commission Expires .Aug. 31, 2011
5 of 5
9
0
Pam Deeter
From:
John Bishop
Sent:
Tuesday, October 13, 2015 1:39 PM
To:
Pam Deeter
Cc:
Eric Lawrence
Subject:
FW: Artillery Business Center - VDOT Comments to Proffer Amendment dated
10.05.2015
Attachments:
Scanned from EDNXerox.pdf
Just came in for Artillery
From: Funkhouser, Rhonda (VDOT) [mailto:Rhonda. Funkhouser(cbVDOT.Virginia.gov] On Behalf Of Ingram, Lloyd
(VDOT)
Sent: Tuesday, October 13, 2015 1:25 PM
To: John Bishop; Mike Ruddy
Cc: Patrick Sowers; Smith, Matthew, P.E. (VDOT); Ingram, Lloyd (VDOT)
Subject: Artillery Business Center - VDOT Comments to Proffer Amendment dated 10.05.2015
The documentation within the application to rezone this property appears to have a significant
impact on Route 651 (Shady Elm Road). This route is the VDOT roadway which has been considered
as the access to the property referenced.
VDOT is cautiously satisfied that the transportation proffers offered in the Artillery Business Center
rezoning application dated October 5, 2015 address transportation concerns associated with this
request.
If you wish to discuss these comments, please contact me.
Lloyd A. Ingram I Land Development Engineer
Virginia Department of Transportation
Clarke, Frederick, Shenandoah & Warren Counties
11031 Old Valley Pike
Edinburg, VA 22821
voice: 540/984-5611
fax: 540/981-5607
e-mail: Lloyd.Ingram vdot.virginia.gov
C
0
Patrick Sowers
From: Funkhouser, Rhonda (VDOT) <Rhonda.Fun khouser@VDOT.Virginia.gov> on behalf of
Ingram, Lloyd (VDOT)<Lloyd.Ingram@VDOT.virginia.gov>
Sent: Friday, September 25, 2015 12:58 PM
To: Patrick Sowers
Cc: 'John Bishop'; mruddy@fcva.us; Smith, Matthew, P.E. (VDOT); Ingram, Lloyd (VDOT)
Subject: Artillery Business Center - VDOT Comments to Proffer Amendment
The documentation within the application to rezone this property appears to have a significant
impact on Route 651 (Shady Elm Road). This route is the VDOT roadway which has been considered
as the access to the property referenced.
VDOT is not satisfied that the transportation proffers offered in the Artillery Business Center
rezoning application dated September 2, 2015 address transportation concerns associated with this
request.
The existing approved Artillery Business Center rezoning, dated February 7, 2008, is superior
in addressing the future transportation needs of both Shady Elm Road and the extension of
Renaissance Drive.
• A proffer is not required for the applicant to apply for Revenue Sharing funds to fulfill the
required transportation improvements.
If you wish to discuss these comments, please contact me.
Lloyd A. Ingram I Land Development Engineer
Virginia Department of Transportation
Clarke, Frederick, Shenandoah & Warren Counties
1-1031 Old Valley Pike
Edinburg, VA 27824
voice: 540/984-5611
fax: 540/984-5607
e- nail: Lloyd. Ingram vdot.virginia.gov
Diane Walsh
From:
Eric Lawrence
Sent:
Wednesday, October 21, 2015 9:33 AM
To:
Diane Walsh
Subject:
FW: Artillery rezoning
From: Rod Williams
Sent: Tuesday, October 20, 2015 2:47 PM
To: 'Patrick Sowers'
Cc: Eric Lawrence; John Bishop
Subject: Artillery rezoning
Patrick,
I have now had the opportunity to review the revised proffer statement, dated October 5,
2015, for the above matter and have three items to offer in terms of ensuring that the proffer
statement would be legally sufficient as a proffer statement under state law and county ordinances:
In Proffer 2.2.1, some of the language regarding revenue sharing remains troublesome, in the
context of the legal prohibition on contract zoning. Therefore, I would suggest the rephrasing
the first sentence of Proffer 2.2.1 to read as two sentences, as follows: "Prior to the earlier to
occur of the issuance of a second building permit within Land Bay 1 or a second building
permit within Land Bay 2, the Land Bay 2 Owner shall enter into an agreement with Frederick
County by which the Land Bay 2 Owner provides for right of way acquisition, if necessary, and
the funding of the design and construction of the East-West Collector Road as depicted on the
GDP. The Land Bay 2 Owner may, pursuant to such agreement, use Virginia Department of
Transportation cost sharing funds for the design and construction costs of the East-West
Collector Road." Likewise, I would suggest the rephrasing of the current third sentence of
Proffer 2.2.1 to read as follows: "The Land Bay 2 Owner shall provide in the agreement with
Frederick County for the Land Bay 2 Owner's funding of the design and construction of the
East-West Collector Road, to cover the County match portion of the Project Administration
Agreement between Frederick County and the Commonwealth."
In the last signed version of the proffers, I noticed that the signature on behalf of NW Works
was by a director of that entity. Ordinarily, an individual director does not have the power to
enter into a binding agreement on behalf of an entity. It would appear that the signature
should be by an officer of the entity.
Finally, the document contains the word "Proposed" in its title. We would need to receive a
signed version without that word in order for it to suitable for recording.
e
Roderick B. Williams
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
Winchester, Virginia 22601
•
a
COUNTY of FREDERICK
Roderick B. Willi<iins
County Attorney
540/722-8383
Fax 540/667-0370 .
F=nnai1:
rWilli1@c'o.frederick.va.us
September 28, 2015
VIA E-MAIL — nsowerspknnom.com - AND REGrULAR MAIL
Mr. Patrick Sowers
Peimoni Associates Inc.
117 Fast Piccadilly Street, Suite 200
Winchester, Virginia 22601
Re: Rezoning Application — Artillery Business Center
Tax Parcel Numbers 75-A-1 and -;IF, consisting of :57.61 acres (the
"Property,) .
Proposed proffer Statement dated September 2, 2015
Dear Patrick: .
You have submitted to Frederick County for.review the above -referenced .
proposed proffer statement (the "Proffer Statement") for the proposed rezoning of the
Property, in the Back Creek Magisterial District; front the Ml .(Light Industrial) Zoning
District, with proffers (2008 Proffer Statement), to the M1 (Light Industrial) Zoning
District, with revised proffers. I have 'now reviewed the Proffer Statement and it is my
opinion that the Proffer Statement would be in affirm, to niect the requireifents of the
Frederick Count Zoning Ordinance andhCdeVginiaand would be legally .
sufficient as a proffer statement, subject to the following comments:
As a general comiri iht for staff, I note that the Proffer Statement seeks to retract a .
number of previous proffers or.to shift the :obligations eiitailed.:.While proffer .
amendments to limit or shift proffer obligations are not themselves unusual (in .
particular where mic or two proffers*, :such as .the timing of transportation
improvements, are m6dified), the Proffer Statemezit.contains 'a number. of'.
proposed rescissions and/or shifts, not all of whieh are noted irithe cover letter
accompaiiying the Proffer Statement. .
o Introductory paragraph — The last sentence contains the phrase "and shall include
the following:", wliich does not appear to lne appropriate there.. The sentence
refers to the 2015 Generalized Development Plan (the "Revised GDP"), but the
107 North Kent Street Winchester, Virginia 22601
a
ft
Mr. Patrick Sowers
September 28, 2015
Page 2
Revised GDP does not include Proffer Statement; to the contrary, the Proffer
Statement includes the Revised GDP.
Pioffers 1.1 through 1.3 — Staff should be aware that these Proffers would shift
the obligations therein solely to the owner of Land Bay 2, Therefore, Land Bay 1
could fully develop without the County receiving any of the monetary
contributions. Proffers do not propose a proportionate split of the monetary
contributions between the two land bays. .
: Proffez 2.1 Staff should be aware that the Proffer .eliminates the previous
cofninitment to construct the widening of Shady Elm Road along the Property ,
frontage... .
. Proffer 2.2 With respect to tlic second buZlef point, it is unclear:what a
"structure located in Land Bay .l but with associated land area located in Land.'
Bay 2".would be: Does this refer to a structure_itselflocated in both land bays,.a
structure with parking in the other'.'Or both laird bays, a structure with buffer areas
located in the other of both laird lays; a structure with associated facilities (such
as storniwater management facilities) in .the other "or both land bays? With respect .
to the .third bullet point, t is unclear what `.`Upon commencement of a railroad
crossing" meads. Does this mean "Upon cornmenceinent of construction'of a
railroad crossing"? .. .
Proffer 2.2.1 - The Proffer is at least m part contingent upon the Laird Bay 2
Owner'entering into a revenue sharing agreement with the County,. This would
create inappropriate c6htra6t zoning, in whichthe landowner's obligations would
only vest upon the County undertaking certain' comiinitmetits (entry into the .
..revenue sharing agreement and performance by'the County of obligations
therein). Tn this regard as well; staff should be aware.that the Proffer Statement
eliminates the Applicant's full ;consttuctioi obligations for the.railroad crossing,
in Proffez 2.8 of the 2008 .Proffer Statement.: Also; under Proffer2.2:1 of the
2008 Proffer :Stateinent;..thc County is already`entitleci to request; .at no c6st to the
County; an 80_foot night-of-way:across the Property. The proposed'Pioffer would
eliiriiriate that: right :and therefore raises an issue as to w iether the County .can
agree to concede such an.iziterest in real property without a separate public . .
hearing on the saiiie: See Va. Code § ,15.2-A800(B):
Proffer 2.3 = The proffer :to construct ail internal access road coiximits to'do what
is already an ordinance requirement (and a practical idqtirmwt for use of the
Property) and therefore may be rizisleadirig in the Proffer`Stateirzent; other than to
the extent that a road'of less than.26�foot mimmUni pavement Width could . .
otherwise be constructed.. Also; .with respect to the second sentence (making the
location of the internal access road subject to approval of both land bay owners), .
the provisions of the first sentence (requiring prior written approval of the other
land bay owner to construct an internal access road) render it superfluous.
•
40
Mr. Patrick Sowers
September 28, 2015
Page 3
o Proffer 3.1 —Tic Proffer could clarify that the 25-foot harking setback area is
between the right-of-ways for Shady Elm Road and the Bast -West collector, on
the one hand, and the parking areas, on the other hand; Shady Elm Road and the
]past -West collector would intersect at an approximately a right angle, so the
setback area is not between Shady Elm Road and the East-West collector
themselves. Also, the Proffer refers to "Department of Recreation Standards" for
the trail system; staff may need to confirm the existence of such standards.
a Proffer 5.1 — The Proffer would require a historic resources study only for Land
Bay 2. The 2008 Proffer did not limit the study to Land Bay 2 and staff should be
aware that it is Land Bay 1 that has a structure present.
a Proffer 5.2 - Staff should be aware that this Proffer would shift the obligation
therein solely to the owner of Land Bay 2. Therefore, Laud Bay 1 could fully
develop without the County receiving any of the monetary contribution. The
Proffers do not propose a proportionate split of the monetary contribution
between the two land bays.
• Staff should be aware that the Proffer Statement eliminates the escalator clause
(see Proffer 6.1 of the 2008 Proffer Statement).
l have not reviewed the substance of the proffers as to whether the proffers are
suitable and appropriate for this specific development, as my understanding is that review
Will be done by staff and the Plaiming Commission.
Sinker• ,
Roderick B. Wi tams
..County Attorney
cc: Michael T. Ruddy, AiCP, Deputy Planning Director (via e-mai.l)
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff 0�
Fee Amount Paid S (C)
Zoning Amendment Number CU`l" (� Date Received 1 9k> 15
PC Hearing Date a- i 5 BOS Hearing Date 1, S I'-,
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicants:
Name: Pcnnoni Associates Telephone: (540) 667.2139
c/o Patrick Sowers
Address: 117 East Piccadilly Street
Winchester, Virilinia 22601
2. Property, Owner (if different than above)
Name: NW Works, Inc. Telephone: (540) 667-0809
Address: 3085 Shawnee Drive
Winchester, VA 22601
Name: Venture I of Winchester, LLC Telephone: (540) 665-0050
Address: 549 Merrimans Lane
Winchester, VA 22601
3. Contact person(s) if other than above
Name: Patrick Sowers Telephone: (540) 667.2139
4. Checklist: Check the following items that have been included with this application.
Location Map (Sec GDP) X
Plat X
Deed of property X
Verification of taxes paid X
Agency Comments X
Pees X
Impact Analysis Statement X
Proffer Statement X
5. The Code of Virginia allows us to request frill disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
NW Works, Inc.
Venture I of Winchester, LLC
6. A) Current Use of the Property: Vacant entitled Industrial)
B) Proposed Use of the Property: Industrial
7. Adjoining Property: SEE ATTACHED.
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 Pr011ertV is located cast and adjacent to Shady Elm Road (Rt 651)
approximately nine tenths of a mile south of the intersection of Shady Elm Road
(Rt 651) and Apple Valley Road (Rt 652).
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of' the proposed use. Otherwise, the
planning staff will use the maximum possible density of intensity scenario for the proposed Zoning
District as described on page 9 of the application package. ,
9. Parcel Identification/Location: Parcel Identification Number: 75-A-1 and 75-A-IF
Magisterial:
Fire Service:
Rescue Service
Back Creek
Stephens City
Stephens City
Districts
High School:
Middle School:
Elementary School:
Shcrando
James Wood
Orchard View
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres Current Zoning 'Z.onin Requested
57.6 MI MI
57.6 Total acreage to be rezoned
2
11. The following information should be provided according to the type of rezoning proposed:
Number of Units Proposed
Single Family Home Townhome _ Multi -Family
Non -Residential Lots Mobile I-fome Hotel Rooms
Square Footage of Proposed Uses
Office Service Station
Retail Manti facturing
Restaurant Flex - Warehouse
Other (Industrial)
12. Signature:
1,003,622
I (we), the undersigned, do hereby respcclfully make application and petition the Frederick County
Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick
County, Virginia. I (we) authorize Frederick County officials to enter the property For site
inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at the front
property line at least seven days prior to the Planning Commission public hearing and the Board of'
Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the
hearing.
I (we) hereby certify that this application a d its accompanying materials are true and accurate to
the best of my (our) knowled e.
Applicant(s) n�/J,�f� �.ti Date—
V � p� inG jjW/ C
Applicant(s) Date
3
�J
Adjoining Property Owners — Artillery Business Center
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 2"`i floor• of the Frederick County
Administrative Building, 107 North Kent Street.
Name
Address
Property
Identification
Number (PIN)
Henry J. Carbaugh Trustee c/o Bank of Clarke
Name:
Trust Department
202 N Loudoun Street
Property#:
74-A-68
Winchester, VA 22601
Name:
Kitty Hockman Nicholas and Robin H. Eddy
690 Shady Elm Road
Property
#:
74-3-3; 74-3-2; 74-3-1
Winchester, VA 22602
Name:
Bowman -Shoemaker Companies, Inc.
P.O. Box 480
Property
#:
63-7-5; 63-7-4; 63-7-5
Stephens City, VA 22655
Name:
Synergy Investments, LLC
416 Battaile Dr
Property
#:
75-A-1A
Winchester, VA 22601
Name:
FVC Properties, Inc. c/o Frank Cuppo
500 N Broadway, Suite 123
Property
#:
75-A-1 D; 75-A-1 E; 75-A-1 B
Jericho, NY 11753
Name:
Corrugated Container Corp.
100 Development Lane
Property
#:
75-A-1 C
Winchester, VA 22602
Name:
Frederick County Sanitation Authority
107 N Kent St
Property
#:
75-A-1 G
Winchester, VA 22601
Name:
Prosperity Drive Development Group, LLC
180 Prosperity Dr, Suite 3
Property
#:
75A-6-B-41A
Winchester, VA 22602
Name:
Prosperity Properties of Winc, LLC
180 Prosperity Dr, Suite 5
Property
#:
75-A-2M
Winchester, VA 22602
Name:
Prosperity 81, LLC
1306 Squire Ct, Unit B
Property
#:
75-A-2P
Sterling, VA 20166
Name:
Lyle P. Strosnider, Inc
220 Prosperity Dr
Property
#:
75-A-2F
Winchester, VA 22602
Name:
Pippin Enterprises, LLC
164 Meadow Trace Ln
Property#:
75-A-2Q
Middletown, VA 22645
Name:
Renaissance Commercial Center, Inc.
P.O. Box 480
Property
#:
75-A-2R
Stephens City, VA 22655
• 0
RESOLUTION
Action:
PLANNING COMMISSION: October 21, 2015 - Recommended Approval
BOARD OF SUPERVISORS: October 28, 2015 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #09-15 ARTILLERY BUSINESS CENTER - PROFFER
AMENDMENT
WHEREAS, Rezoning 409-15 Artilleiy Business Center— Proffer Amendment submitted by Pennoni
Associates, to amend the proffers associated with Rezoning #07-08 relating to the timing and commitments
for transportation proffers was considered. The proffer amendment, original proffer statement dated
February 7, 2008 with a final revision dated October 5, 2015 applies to parcels 75-A-1 and 75-A-1 F owned
by Venture I of Winchester, LLC and NW Works, Inc., respectively and is located approximately 1,500 feet
south of Route 37 on the east side of Shady Elm Drive (Rt. 651) and across from Solider's Rest Lane in the
Back Creek District. The proposed amended proffers replace transportation commitments for
improvements to Shady Elm Road, $250,000.00 in cash transportation proffers, and right-of-way provision
across 74-A-68 with a commitment to participate in revenue sharing to complete Renaissance Drive from
its existing terminus near Prosperity Drive to Shady Elm Road. Building permits are limited to 2 on the
property (1 per parcel) until such time as the applicant enters into a revenue sharing agreement with the
County; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 21, 2015,
and forwarded a recommendation of approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 28, 2015,
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 amend the proffers associated with
Rezoning #07-08 relating to the timing and commitments Im- transportation proffers. This proffer
PDRes. 1144-15
-2-
amendment, original proffer statement dated February 7, 2008 with a final revision dated October 5, 2015,
replaces transportation commitments for improvements to Shady Elm Road, $250,000.00 in cash
transportation proffers, and right-of-way provision across 74-A-68 with a commitment to participate in
revenue sharing to complete Renaissance Drive from its existing terminus near Prosperity Drive to Shady
Elm Road. Building permits are limited to 2 on the property (I per parcel) until such time as the applicant
enters into a revenue sharing agreement with the County.
This ordinance shall be in effect on the date of adoption.
Passed this 28th day of October, 2015 by the following recorded vote:
Richard C. Shickle, Chairman
Robert A. Hess
Gene E. Fisher
Jason E. Ransom
Gary A. Lofton
Robert W. Wells
Charles S. DeI-Iaven, Jr.
A COPY ATTEST
Brenda G. Garton
Frederick County Administrator
PDRes. 1144-15
c� ° Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651 Facsimile 540-665-6395
Know All Men By Those Present: That I (We)
(Name) NW Works. Inc. (Phone) (540) 667-0809
(Address) 3085 Shawnee Drive. Winchester, VA 22601
the owner(S) of all those tracts or parcels of land ("Property") conveyed to Me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument Number: 08005981 and is described as
Tax Map Parcel 75-A-IF Subdivision:
do hereby make, constitute and appoint:
(Name) Pennoni Associates (Phone) (540) 667-2139
(Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601
To act as illy true and lawful attorney -in -filet fol• alld ill Illy (OLII') I1f1111C, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for Illy (our) above described
Property, including
X Rezoning (including proffers)
_ Conditional Use Permits
Master Development Plan (Preliminary and Final)
_ Subdivision
Site Plan
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
conditions except as follows:
This authorization shall expire
modified.
In witness thereof, I
Signatu
year from the day it is signed, or until it is otherwise rescinded or
Set Illy (our) hand and seal this 22nd day of Sept 2015
State of Virginia, City/County of_q �P- ( To -wit:
Q c S�_�e-)\Jvj jL a Notary Public in and for the juriSdiction
aforesaid, certify that the persons) who signed to the foregoing instrument personally appeared before me
and � js acknowledVd-,qhe same before nle in the jurisdiction aforesaid this of 200 .V.
y Commission Expires: < , oZb 18
Public
Action
PLANNING COMMISSION:
BOARD OF SUPERVISORS
�7
Q
RESOLUTION
N
October 21, 2015
October 28, 2015
November 12, 2015
December 9, 2015
Recommended Approval
Opened Public Hearing,
Tabled to November 12, 2015
Postponed By Applicant
a X APPROVED ❑DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #09-15 ARTILLERY BUSINESS CENTER — PROFFER
AMENDMENT
WHEREAS, Rezoning #09-15 Artilleiy Business Center — Proffer Amendment submitted by Pemioni
Associates, to amend the proffers associated with Rezoning 1107-08 relating to the timing and commitments
for transportation proffers was considered. The proffer amendment, original proffer statement dated
February 7, 2008 with a final revision dated December 8, 2015 applies to parcels 75-A-1 and 75-A-IF
owned by Venture I of Winchester, LLC and NW Works, Inc., respectively and is located approximately
1,500 feet south of Route 37 on the east side of Shady Elm Drive (Rt. 651) and across from Soldier's Rest
Lane in the Back Creek District, and
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 21, 2015,
and forwarded a recommendation of approval; and
WHEREAS, the Board of Supervisors heard the items on October 28, 2015, then opened the public
hearing and then voted to table the items and continue the public hearing on November 12, 2015
WHEREAS, the Board of Supervisors on December 9, 2015 continued the public hearing from
October 28, 2015 on this rezoning; 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 amend the proffers associated with
PDRes. 1144-15
•
r�
L
-2-
Rezoning 407-08 relating to the timing and commitments for transportation proffers.
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of December, 2015 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Robert A. Hess Aye Robert W. Wells Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Aye
Blaine P. Diinn
A COPY ATTEST
Brenda G. Garton
Frederick County Administrator
vI1<.vt1�:lA: F1'k--DEIZIC:KC:OUNTY.SCIL
'Phis instrument of writing was produced to me on
I2---I�-15 at
and with certitir<<t;: thereto annexed
�1-,Is admitted to record. 'i',Ix imposed by Sec. 58.1-W2of
S , and 58.1-801 have been paid, ifassessabAr,
� , Gerk
l�
-0
CD
l.�
CPO
1'DRes. 1144-15
BOS Res. #043-15
•
158012436
REZONING:
PROPERTY:
RECORD OWNER:
APPLICANTS:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REXISION DATE(S):
C�
PROFFER STATEMENT
RZ. #
Light- Industrial (I�11) to Light Industrial (N11)
57.6 acres +/-;
Tax Nlap Parcels 75-A-1F ("Land Bay I") and 75-A-1 ("Land Bay 2")
[collectively, the "property"]
NW Works, Inc. ("Land Bay I Owner");
Vcnturc I of Winchester, LLC ("band Bay 2 Owner")
NIX/ Works, Inc. & Venture I of Winchester, LLC
Artillery Business Center
February 7, 2008
O
cs'�
September 2, 2015; September 24, 2015; October 5, 2015;
November 30, 2015; December 8, 2015
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede and replace all other proffers that may have been made prior hereto. In the event
that the above referenced N11 conditional rezoning is not granted as applied for by the applicant
("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these
proffers are contingent upon final rezoning of the Property with "final r'ezon'ng" defined as that
rezoning which is in effect on the day following the last day upon which the I redcrick County
Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the
appropriate court. If the Board's decision is contested, and the Applicant elects not to submit
development plans until such contest is resolved, the term rezoning shall include the clay following
entry of a final court order affirming the decision of the Board which has not been appealed, or, if
appealed, the day following which the decision has been affirmed on appeal. "I'hc hcaclings of the
proffers set forth below have been prepared for convenience or reference only and shall not control
or affect the meaning or be taken as an interpretation of any provision of the proffers. The term
"Land Bay I Owner" as referenced herein shall include within its meeting all future owners and
successors in interest for Tax N4ap Parcel 75-A-I . The term "Land Bay 2 Owner" as referenced
herein shall include within its nhcaning all future owners and successors in interests for Tax 1\1ap
Parcel 75-A-1. When used in these proffers, the "Generalized Development Plan," shall refer to the
plan entitled "Generalized Developnent Plan, Artillery Business Center" dated February 6, 2007
revised December 8, 2015 (the "GDP").
Monetary Contribution
1.1 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$5,000.00 for fire and rescue purposes prior to issuance of a certificate of occupancy
for the first building constructed on I.,and Bay 2, as depicted on the GDP.
1 of 5
Proffer Statement 0 Artillery Business Center
1.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of 0
$2,500.00 for Sheriffs office purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP. - t
1.3 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$2,500.00 for general government purposes prior to issuance of a certificate of
occupancy for the first building constructed on Land Bay 2, as depicted on the GDP.
2. Site Development
2.1 Direct access to the Property from Shady 131m Road shall he limited to a maxiinum
of 2 entrances as sho),vn on the GDP with entrance improvements subject to VDOT
review and approval. (Sec 1 on GDP).
2.2 Frederick County, at the time of the filing of this proffer, has entered into a Project
Administration Agrccmcnt with the Commonwealth of Virginia Department of
Transportation (VDO'I), which provides for a cost share of the design and
construction costs for the Cast -West Collector Road from Valley Pike (Rt. 11) to
Shady Elm Road. The Land Bay 2 Owner agrees to place the sum of $633,644.00
into an escrow account within thirty business days of the approval of this
rezoning/Proffcr Amendment to provide for the County match portion of the
existing Project Administration Agreement, any future Project Administration
Agrcemeilt(s), or any other agrccincnt(s) rccluiring local match funds for the East-
West Collector Road.
The Land Bay 2 Owner shall enter into a County -Managed Revenue Sharing
Program Project Agreement (hereinafter the "Agrccmcnt") for the East-West
Collector Road from Valley Pike (Rte. 11) to Shady Elm Road, as is further depicted
on the attached and incorporated GDP within thirty business days of the approval of
tl>;s rezoning/Proffcr Amendment The Agreement, subsequent to execution, may
be modified to provide language acceptable to the County and the Land Bay 2
Owner provided that the location of the East-West Collector Road is consistent with
the proffered conditions. The Land Bay 2 Owner shall be responsible in the
Agrccmcnt for the local funding match for the East-West Collector Road as is
described in the above -referenced Project Administration Agreement. No builduig
permits shall be issued for any structures within Land Bay 2 until the Agreement is
executed.
2.3 A geotechnical analysis shall be prepared and submitted to Frederick County for any
structures prior to site plan approval.
2.4 Development of the Property shall not exceed a 0.4 floor Area Ratio (FAR).
2.5 The Land Bay 1 Owner has an agreement with the adjoining property owner of the
Carbaugh property that will allow for the acquisition of land in fee simple and
dedication of an eighty -foot right-of-way in the location depicted in the attached and
incorporated GDP from Shady I lm Road to the Railroad (Point B to Point C). The
Land Bay 1 Owner and Land Bay 2 Owner agree to make their respective portions of
the right-of-way (Point A to Point C) available at no cost to the County for the
installation of the East-West Collector Road and shall dedicate said right-of-way
within 90 days of receiving written request fronn the County.
2of5
Proffer Statement • • Artillery Bit.viness Center --c
CD
3. Landscape Buffers, Hiker/Biker Facilities, & Additional Right of Way co
00
3.1 Within the 25 foot parking setback between on -site barking areas and the proposed
right of ways for Shady 1 lm Road and the Bast -West collector as required by b 165-
202.OID(6)(c) of the I`ihdefzck. Coll/y Code, the Applicant shall construct a 10 foot
he Applicant: shall provide a densely planted landscape
asphalt trail. In addition, t
screen as depicted by attached Exhibit A, as revised July 15, 2015, consisting of street
trees planted 50 feet on center between the proposed right of way and the asphalt
trail as well as a double row of evergreen trees with a ininimum density of three
plants per 10 linear feet and a minimum height of four feet at time of planting
located between the proposed trail and any parking areas.
4. Design Standards
4.1 Any building facade fronting Shady Elm Road or the proposed Bast -West Collector
shall be constructed of one or a combination of die following: cast stone, stone,
brick, archltcctural block, glass, wood, dry vit or stucco.
5. Historic Resources
5.1 The Land Bay 2 Owner shall complete a survey documenting any historic structures
on Land Bay 2 in general accordance with the guidelines established by the
PrchnIiIary Information Form from the Department of Historic Resources. Any
documentation created as part of said survey shall be provided to Frederick County
Planning Staff and shall be completed prior to demolition of any historic buildings
located on the Property.
5.2 The Land Bay 2 Owner shall contribute to the Count:y of Frederick the sum of
$5,000.00 for purposes associated with historic Star Dort prior to issuance of a
certificate of occupancy for the first building constructed on Land Bay 2.
SIGNATURE(S) APPEAR ON Tl-IL? F'OLLOWING PAGE(S)
3 ol' 5
Proffer Statement • 0
Artillery Business Center
Venture I of Winchester, LLC
A�•'c(�.
Date: %J <l ' ., 31_1,: 11
1 of f'
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing�instrument was acknowled ed before me this -I day of DPC.2I1 W ,
2015, by %e �o►ICI F �'Y� I Ih J ✓. ti ►�Q,t� D 11LAfad 1 O F UVI nC;hPSif,r, L C
My commissio expires I a l3) / aD IS
Notary Public
K.
4F '• NOTARY •'••�9G
• PUBLIC cn
REG # 7155256
MY COMMISSION
O EXPIRES Z
g 12/311201 S
V °
,e�,�''ai® Ii Nip°°•
4of5
-v
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co
E
Proffer Statement
Artille ry Business Center
NW Wor
Date: �� 1 f(l—
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument vas acknowledged bcf re file this day of
2015, by -i pwtj C, Mu cfp, , Gc� C3 Dr
My cor TU sio expires
Notary Public
V,�947
5 of 5
p\GE IV
NOTARY
PUBUG
REG. *?292V
NIYCOM"MON `r
�''•,�FA LT"
TO
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a
o°
P
BUFFER, LANDSCAPING,
k 10' ASPHALT TRAIL
• �� LAND BAY 1
� °oq. r (Approx. 17.00 acres)
A • � Nl-Ile
2 ` • LAND BAY 2
80' R/W DEDICATION `�• (Approx. 40,60 acres)
EAST —WEST COLLECTOR ROAD 0
B
TM 74—A-68 `
O
A DE
RAiLROA
OSSING
o �
�P cF0R I01� OF 1
Q �
ti ti ARTILLERY BUSINESS CENTER Pennoni Associates, Inc.
oy. GENERALIZED Df fLOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601
VOICE: (540) 667-2139 FAX: (540) 665-0493
FREDER/CK COUMY, WOO
E)
C)
•
•
•
BUFFER, LANDSCAPING,
� & 10' ASPHALT TRAIL
LAND BAY 1
• o�PP (Approx. 17.00 acres)
•
110 2 `\ �',0
80' R/W DEDICATION &
CONSTRUCTION OF MINIMUM
1100' 2 LANE ROADWAY
B
TM 74-A-68 O
FUTURE SHADY ELM/ROUTE 11 CONNECTOR ROAD O
(EAST -WEST COLLECTOR ROAD)
ell
LAND BAY 2 -
(Approx. 40.60 acres)
RAI
FX 4F�14t 1- I.
NQFOP To �01//0
I�
a ARTILLERY BUSINESS CENTER Pennoni Associates, Inc.
GENERALIZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601
O C VOICE: (540) 667-2139 FAX: (540) 665-0493
v
FREOERICK COUNTY, %lRGINIA
SHADY ELM ROAD
3' HEDGEROW AS REQUIRED PER 165-202.01D(13)(a)
3 77?EES PLAN7l7I PEI? 10 L/NEAR FEET
(EVERGREEN)
PARKING AREA
A
10' ASPHALT YRAIL
STREET 7REES 50'
ON CENTER
40' R/11' DEDICA770N (COMPLE7ED) &
E/VI'RANCE IMPROVMEN7S
EXISTING SIIADY ELAf ROAD (10' R/11)
25' PARKING SE7DACK (MINIMUM)
NOTE,'•
S77?EET TREES AND LANDSCAPE SCREEN
(3 77?EES PE7? 10 LINEAR EEE7) PROVIDED
IN ADDITION TO ANY LANDSCAPING
0711ARIVISE REQUIRED 13Y ORDINANCE
EAST —WEST COLLECTOR ROAD
3' 11E'DGEROW AS REQUIRED PER 165-202.OID(13)(U)
3 TREES PLANTED PER 10 LINEAR FEET
(EVERGREEN)
PARKING AREA
:i�r
rr r,r. rrrri
10' ASPHALT TRAIL
®R-
80'z R/1V DEDICAT &
ROAD CONSTRUCT
STREET 7REP,'S 50'
ON CEN7LR
25' PARKING SE773ACK (MINIMUM)
N07E
STREET 77?EES AND LANDSCAPE SCREEN
(3 77?ETS PER 10 LINEAR ETE7) PROVIDED
IN ADDI770N TO ANY LANDSCAPING
077IER1VI5T REQUIRED BY ORDINANCE
ARTILLERY BUSINESS CENTER Pennant Associates, Inc.
U EXHIBIT A 117 E. Picadilly St. Winchester, Virginia 22601
Q VOICE: (540) 667-2139 FAX: (540) 665-0493
V FREDERICK COUNTY, VIRGINIA
1
VENTURE / OF WINCHESTER LLC 1043
6W MERRIMANS LANE
1NINCHESTER VA 22W I �t27.S71
i«
Pay to the
Order of County of Frederick . $ 6633,6444nl010
$1X_Hs�tred Thirt�f_ hr P Jhousand_S1X Hijndred For X-_F&11er�e�/OV
A&MUTfit
COMMUNITY BANK
For Rev_emea-SborinL' Auvemilt-------
I:OS22022251: i0B-I437380 101.3
TV6 041SO(
Wo�
Pennom '
PENNON] ASSOCIATES INC.
CONSULTING ENGINEERS
October 2, 2015
Mr. John Bishop, AICP
Deputy Director, Transportation
Frederick County Planning and Development
107 N Kent Street, Suite 202
Winchester, VA 22601
RE: Artillery Business Center — Proffer Amendment Request
Statement of Justification
Dear Mr. Bishop,
Please find attached a revised proffer statement dated September 29, 2015 and associated
generalized development plan and exhibit for Artillery Business Center, comprised of two tax map
parcels identified by Frederick County records as 75-A-1 and 75-A-1 F (collectively, the "Property")
totaling 57.6 acres zoned M-1 (Light Industrial). The Property is located east and adjacent to Shady
Elm Road approximately 4,500 feet south of the intersection of Shady Elm Road and Apple Valley
Drive. This proposed amendment would modify the proffers approved by the Board of Supervisors
on February 13, 2008 as part of Rezoning Application #07-08. A general summary of the proposed
modifications is as follows:
1) A $250,000 monetary contribution and a continuous right turn lane across the Shady Elm
Road frontage has been removed in favor of a commitment for the construction of
Renaissance Drive from its existing terminus to Shady Elm Road utilizing the revenue
sharing program. Ultimately, the Shady Elm Road entrance requirements will be subject to
VDOT review and approval at the site plan phase of development. The proposed proffer
would require that the owner of Land Bay 2 enter into an agreement with Frederick County
for the funding of the design and construction of Renaissance Drive prior to issuance of a 2nd
I Building Permit within Land Bay 1 or a 2nd Building Permit in Land Bay 2.
2) The land bay boundaries have been modified to reflect the two existing tax map parcels that
form the Property and which are under separate ownership currently. Accordingly, we have
assigned proffered obligations to the respective land bay owners as opposed to using a
blanket "Applicant" for the entirety of the project.
3) Removed the proffer for right of way dedication along Shady Elm Road as this dedication
has already been completed.
4) Removed the proffered limitations on signage as the existing 2008 proffer statement
predates modifications made to the County's signage regulations.
5) The 5 year limitation on warehouse distribution facilities in excess of 200,000 square feet has
been removed as this requirement of the 2008 rezoning approval is now more than 7 years
old.
6) The requirement for a minimum of three end users for the site and the escalator clause for
monetary contributions has been removed. Monetary proffers for the site include $5,000 for
fire and rescue services as well as $2,500 each for Sheriffs office and general government,
which are now proposed prior to certificate of occupancy for the first structure on Land Bay 2.
7) The proffer for a potential internal access road has been removed as the Frederick County
Subdivision Ordinance would already require that improvement in order to comply with road
frontage/access requirements for any potential future lots within the Property.
117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493
www.pennoni.com
Artillery Business Center October 2, 2015 Page 2
Proffer Amendment
The proposed proffer amendment seeks to implement Renaissance Drive from Route 11 to Shady
Elm Road as envisioned by the Comprehensive Plan, which is key to the long term success of the
business development type uses envisioned by the County in the area of Shady Elm Road, the
railroad, and Route 11. The proposed proffer amendment would help implement the long range land
use plans for Frederick County and also ensure that the Property is available for business
development uses that are critical for the continued success of Frederick County.
If you have any questions or comments, please feel free to contact me at (540) 667-2139.
Sincerely,
PENNONI ASSOCIATES INC.
Patrick Sowers
Senior Project Engineer
0
•
PROPOSED PROFFER STATEMENT
REZONING: ItZ. #
Light Industrial (N41) to Light Industrial (NI1)
PROPI-RTY: 57.6 acres +/-;
Tax Nlap Parcels 75-iA-1F ("hand Bay 1") and 75-A-1 ("Land Bay 2")
[collectively, the "Property"
RECORD OWNI3R: NW Works, Inc. ("Land Bay I Owner");
Venture I of Winchester, LLC ("band Bay 2 Owner")
M'PLIC.\NI'S: NW Works, Inc. & Venture I of Winchester, LLC
PROF I,CT N,\NI1:: i\rtillcry Business Center
ORIGINM, DXFE
OF PROFFER: I-�cbmary 7, 2008
IU:VISION DXIT,"(S): September 2, 2015; September 24, 2015; September 29, 2015
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions, which
Shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced N41 conditional rezoning is not granted as applied for by the applicant ("/\pphcant"),
these proffers shall be deemed withdrawn and shall be null and void. I'Lirtller, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last day upon which the Frederick County Board of County
SUI)CI -isors (the "Board") decision granting the rezoning may be contested in the appropriate court.
If the Board's decision is contested, and the iApplicant elects not to submit development plans until
such contest is resolved, the term rezoning shall include the day following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal. The headings of the proffers set forth
below have been prep4ired for convenience or reference only and shall not c,rntrol or affect the
meaning or be taken as an interpretation of any provision of the proffers. The term "],and Bay 1
Owner" as referenced herein shall include within its meeting all future owners and successors in
interest for Tax Nlap Parcel 75-i\-IF. The term "],and Bay 2 Owner" as referenced herein shall
include within its meaning all future owners and successors in interests for Tax Nlap Parcel 75-2\-"l.
When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled
"Generalized Development Plan, z\rtillcry Business Center" dated February 6, 2007 revised Y\ugust
14, 2015 (the "GDP").
Monetary Contribution
1.1 The Land Bay 2 Owner shall contribute to the County of Frederick the sutra of
S5,000.00 for fire and rescue purposes prior to issuance of a certificate of occupanc}'
for the first building constructed on Land Bay 2, as depicted on the GDP.
1.2 The land Bay 2 Owner shall contribute to the County of Frederick the sum of
S2,500.00 for Sheriffs office purposes prior to issuance of a certificate of occupancy
for the first building constructed on band Bay 2, as depicted on the GDP.
1 of5
Proffer Statement • • Artillery Business Center
2.
1.3 The Land Bay 2 Owner shall contribute to rile County of Frederick the sutra of
S2,500.00 for general government purposes prior to issuance of a certificate of
occupancy for the First building constructed on Land Bay 2, as depicted on the GDP.
Site Development
2.1 Direct access to the Property from Shady l ,,lm Road shall be limited to a maximum
of 2 entrances as shown on the GDP with entrance improvements subject to VDOT
review and approval. (See 1 on GDP)-
? 9 The Land Bay 2 Owner shall design a future Fast -Nest Collector Road utilizing an
80 foot right of way as depicted on the GDP from Point A to Point B as a Rural 4
Lane Divided (R41)) cross section. The Land Bay 2 Owner shall then dedicate 80
feet of right of way and construct the ultimate two westbound lanes of the Collector
Road for a minimum of 1 100 feet as shown ftoni Point A to Point I3 on the GDP
upon an), of the following conditions, whichever occurs first: (See 2 on GDP)
• Prior to issuance of a certificate of occupancy for any structure located in
Land Bay 2.
• Prior to issuance of a certificate of occupancy for any structure with
associated land area, as depicted by site plan, within Land Bay 2.
• Upon commencement of construction of a railroad crossing as shown on the
GDP for the Hast-West Collector Road.
• Prior to December 31, 2020.
2.2.1 Prior to issuance of a second building permit within Land Bay 1 or a second
building permit within Land Bay 2, the Land Bay 2 Owner shall enter into an
agreement with Frederick County for the funding of the design and
construction of the I_;ast-West Collector Road as depicted on the GDP.
Frederick County, at the time of the Filing of this proffer, has entered into a
Project administration agreement with the Commonwealth of Virginia
Department of "Transportation, which provides for the construction of the
Fast -West Collector Road from Valley Pike (Rt. 1 1) to Shady 1?lm, and which
further provides for a cost share of the design and construction costs for said
East-West Collector 'Road. The agreement between the land I3ay 2 Owner
and Irederick County to be entered into (if it has not already done so prior
to the approval of this proffer amendment) shall provide for the funding of
the design and construction of he�l.ast-West Collector Road, which
Provides for the payment of th Sta match portion of the Project
,administration agreement between Frederick County and the
Commonwealth.
2.22 The band Bay 2 Owner shall construct a maximum Iwo entrances on the
portion of the I,.ast-West Collector Road constructed b), the land Bay 2
Owner as shown on the GDP.
2.4 A geotechnical analysis shall he prepared and submitted to Frederick County for any
structures prior to site plan approval.
2.5 Development of the Property shall not exceed a 0.4 floor area Ratio (I'AR).
2 o I' 5
Pi -offer Statennent • • Artillery Business Center
3. Landscape Buffers, Hiker/Biker Facilities, & Additional Right of Way
3.1 Within the 25 foot parking setback between on -site barking areas and the proposed
right of ways for Shady Fltn Road and the Flast-West collector as required by § 165-
202.OID(6)(c) of the I'itderir.>h. Corot/y Code, the ;applicant shall construct a 10 foot
asphalt trail. In addition, the Applicant shall provide a densely planted landscape
screen as depicted by attached I-.xhibit A, as revised July 15, 2015, consisting of street
trees planted 50 feet on center between the proposed right of way and the asphalt
trail as well as a double row of evergreen trees with a minitnutn density of three
plants per 10 linear feet and a minimum height of four feet at time of planting
located between the proposed trail and any parking areas.
4. Design Standards
4.1 A11V building facade fronting Shady F'lm Road or the proposed Last -West Collector
shall be constructed of one or a combination of the following : cast stone, stone,
brick, architectural block, glass, wood, dry vit or stucco.
5. Historic Resources
5.1 The Land I3ay 2 Owner shall complete a survey documenting any historic structures
on Land Bay 2 in general accordance with the guidelines established by the
Preliminary Information Dorm from the Department of I-fistoric Resources. Any
documentation created as part of said survey shall be provided to Frederick County
Planning Staff and shall be completed prior to demolition of any historic buildings
located on the Property.
52 The Land Bay 2 Owner shall contribute to the County of Frederick the sllln of
S5,000.00 for purposes associated with historic Star Dort prior to issuance of a
certificate of occupancy for the first building constructed on Land Bay 2.
SIGNATURF(S) APPL,"AR ON TFIF FOLLOWING PAGI3(S)
3 of'5
Prof
f81' SlC(tel)lelTt •
• Artillery Business Center
Venture I of Winchester, I,LC
By:
Date:
S'I'AT 01" VIRGINIA, AT LARGE
FRI DLRICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this clay of
2015, by
II}' commission expires
Notarsr Public
4 o I' 5
Proffer Stnlement 0
• Ai•lilleiy Business Center
NW Works, Inc.
By:
Datc:
SlTATF' OF VIRGINIA, AT LARG1:.
FRIME,'RICh COUN Y, To -wit:
The foregoing instrument was acknowledged before me this clay of
2015, by
NIy commission expires
Nota11' Public
5 01.5
o-
0
C)
• siN
•
• \
\ BUFFER, LANDSCAPING,
\ &. 10' ASPHALT TRAIL
• sj
LAND BAY 1
• o�cN \ (Approx. 17.00 acres)
•
�'77 • \ \ /
• o°
•
80' R/W DEDICATION & �•�•
CONSTRUCTION OF MINIMUM �•
1100' 2 LANE ROADWAY �•
B�
TM 74-A-68 %
0
FUTURE SHADY ELM/ROUTE 11 CONNECTOR ROAD O
(EAST -WEST COLLECTOR ROAD)
LAND BAY 2 -
(Approx. 40.60 acres)
C
PO
�O
P
ARTU L-W BUSINESS CENTER
GENERALIZED DEVELOPMENT PLAN
FREDERICK COUNTY, VIRCINIA
RAILROAD /(
"ROSSING U
n
fX
�FN I/SS1Noe `I. To
D�
II
Pennoni Associates, Inc.
117 E. Picadilly St. Winchester, Virginia 22601
VOICE: (540) 667-2139 FAX: (540) 665-0493
SHADY ELM ROAD
3' IIF.DGF.ROW AS REQUIRED PEI? 165-20201D(13)(a)
3 7RFFS PLANTED PER 10 LINEAR FL'F.T
(F. VF,RGRF.F.N)
PARKING AREA
-
0
10' ASPHALT 77RAIL
SMEET 7REL S 50'
ON CFNTL•'II
40' R/!Y DGDIC4770N (COMPLE77,N) &
ENTRANCE IAIPROVMENTS
G'XIS77NG S1111DY ELM ROAD (10' R/!Y)
25' PAR19NG .SF773ACK (MINIMUM)
N07G'-
STREET TREES AND LANDSCAPE SCREEN
(3 7REE5' PER 10 LINEAR JWE7) PROVIDED
IN ADDITION TO ANY LANDSCAPING
077IERIYISE REQUIRED BY ORDINANCE
EAST —WEST COLLECTOR ROAD
3' 1IF,DGEROW AS REQUIRED PER 1G5-202-011)(13)(11)
3 TREF,S PLANTED PER 10 LINFAR FEET
(EVERGREEN)
PARKING AREA
r`
0 0uLy �;cY
10' ASPHALT TRAIL
60' R/W DEVICAT(ON &
ROAD CON37RUCTION
STRFFT 7RFFS 50'
ON CENTER
— 95' PARING SE773ACK (MINIMUM)
N077,"'"
STREET 7RFFS AND LANDSCAPE SCREEN
(3 TIREFS PER 10 LINEAR lEET) PROVIDED
IN ADD177ON TO ANY LANDSCAPING
077IERWISE REQUIRED BY ORDINANCE
ti
ARTILLERY BUSINESS CENTER Pennoni Associates, Inc.
I A117 E. Picadilly St. Winchester, Virginia 22601
VOICE: (540) 667-2139 FAX: (540) 665-0493
�! FREDERICK COUNTY, VIRGINIA
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
September 24, 2015
Patrick Sowers
Pennoni Associates Inc.
117 E. Piccadilly Street
Winchester, VA 22601
RE: Artillery Business Center — Proffer Amendment Request
Dear Mr. Sowers:
Thank you for the opportunity to review your proffer amendment request for the Artillery
Business Center. Please consider the following bullets as my feedback on this draft.
1. Regarding the shift of the cash proffer for transportation and the Shady Elm lane
improvements to the revenue sharing partnership to complete Renaissance Drive
from its existing terminus to Shady Elm. I think this is a good adjustment.
2. I am not supportive of removal of the current proffer to secure right-of-way across
the Carbaugh trust property.
3. The draft revenue sharing agreement attached to the proffer has issues for the
County which is being relayed through the County Attorney and is not acceptable
in its current form.
4. The draft proffers offer to enter into a revenue sharing agreement but they are less
clear as to the implications if the agreement should not be entered into. I would
suggest considering a limitation of 1 building permit prior to execution of the
revenue sharing agreement.
Thank You;
John A. Bishop, AICP
Deputy Director -Transportation
JAB/dlw
107 North Kent Street, Suite 2022 • Winchester, Virginia 22601-5000
;Pennon)
PENNONI ASSOCIATES INC.
CONSULTING ENGINEERS
September 25, 2015
Mr. John Bishop, AICP
Deputy Director, Transportation
Frederick County Planning and Development
107 N Kent Street, Suite 202
Winchester, VA 22601
RE: Artillery Business Center — Proffer Amendment Request
Statement of Justification
Dear Mr. Bishop,
Please find attached the proposed proffer statement and associated generalized development plan
and exhibits for Artillery Business Center, comprised of two tax map parcels identified by Frederick
County records as 75-A-1 and 75-A-1 F (collectively, the "Property") totaling 57.6 acres zoned M-1
(Light Industrial). The Property is located east and adjacent to Shady Elm Road approximately
4,500 feet south of the intersection of Shady Elm Road and Apple Valley Drive. This proposed
amendment would modify the proffers approved by the Board of Supervisors on February 13, 2008
as part of Rezoning Application #07-08. A summary of the proposed modifications is as follows:
1) A $250,000 monetary contribution and a continuous right turn lane across the Shady Elm
Road frontage has been removed in favor of a commitment for the construction of
Renaissance Drive from its existing terminus to Shady Elm Road utilizing the revenue
sharing program. Ultimately, the Shady Elm Road entrance requirements will be subject to
VDOT review and approval at the site plan phase of development. The proposed proffer
reflects that the off -site portions of Renaissance Drive are dependent upon the availability of
off -site right of way and rights to an at grade railroad crossing.
2) The land bay boundaries have been modified to reflect the two existing tax map parcels that
form the Property and which are under separate ownership currently. Accordingly, we have
assigned proffered obligations to the respective land bay owners as opposed to using a
blanket "Applicant" for the entirety of the project.
3) Removed the proffer for right of way dedication along Shady Elm Road as this dedication
has already been completed.
4) Removed the proffered limitations on signage as the existing 2008 proffer statement
predates modifications made to the County's signage regulations.
5) The 5 year limitation on warehouse distribution facilities in excess of 200,000 square feet has
been removed as this requirement of the 2008 rezoning approval is now more than 7 years
old.
6) The requirement for a minimum of three end users for the site and the escalator clause for
monetary contributions has been removed.
The proposed proffer amendment seeks to implement Renaissance Drive from Route 11 to Shady
Elm Road as envisioned by the Comprehensive Plan, which is key to the long term success of the
business development type uses envisioned by the County in the area of Shady Elm Road, the
railroad, and Route 11. The proposed proffer amendment would help implement the long range land
use plans for Frederick County and also ensure that the Property is available for business
development uses that are critical for the continued success of Frederick County.
117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493
www.pennoni.com
0 0
Artillery Business Center September 25, 2015 Page 2
Proffer Amendment
If you have any questions or comments, please feel free to contact me at (540) 667-2139.
Sincerely,
PENNONI ASSOCIATES INC.
Patrick Sowers
Senior Project Engineer
PROPOSED PROFFER STATEMENT
RIBZONING: Rl. #
Light Industrial (Nf1) to Light Industrial (1\41)
PROPERTY: 57.6 acres +/-;
Tax \,fap Parcels 75-1\-1 .("Land Bay I") and 75-1\-1 ("Land Bay 2")
[collectively, the "Property"]
RECORD OWNER: NW Works, Inc. ("Land Bay 1 Owner");
Venture I of Winchester, LLC ("Land Bay 2 Owner")
M)PLIC\NTS: NW Works, Inc. & Venture I of Winchester, LLC
PROJF?Cf' NAME: 1\rtillery Business Center
ORIGINAL DATE
OI-� PROI,FERS: February 7, 2008
REVISION DATE(S): September 2, 2015; September 24, 2015
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced 1\41 conditional rezoning is not granted as applied for by the applicant ("Applicant"),
these proffers shall be deemed withdrawn and shall be null and void. further, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last clay upon which the I,redctick County Board of County
Supen,isors (the "Board") decision granting the rezoning may be contested to the appropriate court.
If the Board's decision is contested, and the Applicant elects not to submit development plans until
such contest is resolved, the term rezoning shall include the clay following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, the clay
following which the decision has been affirmed on appeal. The headings of the proffers set forth
below have been prepared for convenience or reference only and shall not control or affect the
meaning or be taken as an interpretation of any provision of the proffers. The term "Land Bay I
Owner" as referenced herein shall include within Its meeting all future owners and successors in
interest for Tax Nlap Parcel 75-A-I . The term "Land Bay 2 Owner" as referenced herein shall
include within its meaning all future owners and successors in interests for 'fax N1ap Parcel 75-1\- I .
When used in these proffers, the "Generalized Dcvclopmcnt Plan," shall refer to the plan entitled
"Generalized Dcvclopmcnt Plan, Artillery Business Center" elated l7ebruary 6, 2007 revised t\ugust
14, 2015 (the "GDP"), and shall include the following:
Monetary Contribution
1.1 The Land Bay 2 Owner shall contribute to the County of Frederick the sutra of
S5,000.00 for fire and rescue purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP.
1.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$2,500.00 for Sheriff's office purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP.
1 o f' S
Proffer Slntemenl
• Arlilleiy Business Cenler
1.3 The Land I3ay 2 Owner shall contribute to the County of I-rcdcrick the sum of
52,500.00 for general government purposes prior to issuance of a certificate of
occupancy for the first building constructed on Land Bay 2, as depicted on the GDP.
2. Site Development
2.1 Direct access to the Property from Shady Fslm Road shall be limited to a maximum
of 2 entrances as shown on the GDP with entrance improvements subject to VDOT
review and approval. (Sec 1 on GDP).
2.2 The Land Bay 2 OwIlcl' shall design a future bast -West Collector Road utilizing an
80 foot right of way as depicted on the GDP from Point A to Point I3 as a Rural 4
Lane Divided (R4D) cross section. The Land Bay 2 Owner shall then dedicate 80
feet of right of way and construct the ultimate two westbound lanes of the Collector
Road for a minimum of 1100 feet as shown from Point A to Point I3 on the GDP
upon any of the following conditions, whichever occurs first: (Sec 2 on GDP)
• Prior to Issuance of a certificate of occupancy for any structure located in
Land Bay 2.
• Prior to issuance of a certificate of occupancy for any structure located in
Land Bay 1 but with associated land area located in Land Bay 2 as depicted
by site plan.
• Upon commencement of a railroad crossing as shown on the GDP for the
East-West Collector Road.
• Prior to December 31, 2020.
2.2.1 In the event that right of way at least 80' in width is made available across
Tax Map Parcel 74-A-68 as generally depicted on the GDP from Point B to
Point C and I-redcrick County obtains the right to an at grade railroad
crossing and the Land I3ay 2 Owner has entered into a revenue sharing
ty, which in turn has secured matching funds
agrccmcnt with Frederick Coun
with the State to allow for a cost share dollar -for -dollar match of State funds
to pay for the construction of the coipletion of Renaissance Drive (a copy
of the proposed revenue sharing agrccmcnt as signed by the Land Bay 2
Owncr is attacliecl as I�xhibit A, or such other form of document as may be
agreed to bet%vecn the County and Land Bay 2 Owner), then the Land I3ay 2
Owner shall design the Bast -West Collector Road as a Rural 4 Lane Divided
(R4D) cross section and construct the ultimate two westbound lanes of the
roadway, including the at grade railroad crossing, from Point I3 to the
existing terminus of Renaissance Drive as shown on the GDP as Point D. If
the right of way across 'lax Nlap Parcel 74-A-68 and rights to an at grade
railroad crossing arc made available prior to commencement of the design of
the Bast -West Collector Road from Point A to Point I3, tlien completion of
the design and construction of the roadway segment froin Point B to Point
D and the railroad crossing shall be subject to the same triggers provided by
Proffer 2.2. Otherwise, design and construction of said improvements shall
occur within 5 ),cars from the elate that the right of way and rights to an at
grade railroad crossing arc made available. An alternative to the R4D cross
section for portions or all of the I-_,ast-West Collector Road may be permitted
if desired and confirmed in writing by both Frederick County and the Land
Bay 2 Owncr.
2 o l' 5
Proffer Statement •
• Artillery Business Center
22.2 The Land Bay 2 Owner shall construct a maximum of two entrances oil the
portion of the East-West Collector Road constructed by the Land Bay 2
Owner as shown oil the GDP.
2.3 Within their respective land bays, Land Bay 1 Owner and/or Land Bay 2 Owner nlay
construct an internal access road, if necessary, to meet the requirements for lot
access as identified by §144-24C of the 1 rederzc,C ColmN), Code, to serve the Property to
Virginia Department of "Transportation standards with a minimum pavement width
of 26 feet, provided they have obtained the prior written approval of the other Land
Bay Owner. Ill the event that the internal access road traverses both Land Bay 1 and
Land Bay 2, the location of the internal access road shall be subject to written
approval of both the Land Bay 1 Owner and Land Bay 2 Owner.
2.4 A geotechnical analysis shall be prepared and subiniacd to Frederick County for any
structures prior to site plan approval.
2.5 Developinent of the Property shall not exceed a 0A floor Area Ratio (I"AR).
3. Landscape Buffers, Hiker/Biker Facilities & Additional Right of Way
3.1 Within the 25 foot parking setback between the proposed right of ways for Shady
Elm Road and the East-West collector as required by § 165-202.01 D(6)(c) of the
Friderrc,C Coliqy Coyle, the Applicant shall construct a 10 foot asphalt trail to
Department of Recreation Standards. In addition, the Applicant shall provide a
densely planted landscape screen as depicted by attached Exhibit B, as revised July
15, 2015, consisting of street trees planted 50 feet on center between the proposed
right of way and the asphalt trail as well as a double row of evergreen trees with a
ininimum density of three plants per 10 linear feet and a minimum height of four
feet at tinge of planting located between the proposed trail and any parking areas.
4. Design Standards
4.1 Any building facade fronting Shady Elm Road or the proposed East-West Collector
shall be constructed of one or a combination of the following : cast stone, stone,
brick, architectural block, glass, wood, dry vit or stucco.
Historic Resources
5.1 The Land Bay 2 Owner shall complete a survey documenting any historic structures
on the Property in general accordance with the guidelines established by the
Preliminary Information Fornl from the Department of Historic Resources. Any
documentation created as part of said survey sliall be provided to Frederick County
Planning Staff and shall be completed prior to demolition of any historic buildings
located oil the Property.
5.2 The Land Bay 2 Owner shall contribute to the County of Frederick the suns of
55,000.00 for purposes associated with historic Star Dort prior to issuance of a
certificate of occupancy for the first building constructed on Land Bay 2.
SIGNATURE(S) APPEAR ON THE FOLLOWING PAGI3(S)
3 ol'5
Proffer Slnlen�e�r/ i • Artillery Business Center
Venture I of Winchestcr, LLC
Datc: �f�S
sTxI'E 0 F VIRGINIA, AT LARGE`
FRI3DERICh COUNTY, To -wit:
The foregoin instrument was acknowlcclgcd before me this a day of geaicn 2V ,
2015, by C��xald Sm'l�, J r , ►� noRPiI o Lyfp.I --e I of Wi ✓ we'rwl LL-C .
My commission cl'hircs ..,141,10,,E
Notary Public %%91
. M. K.
• • NOTARY
PUBLIC • ••; u�
REG # 7155256 .
n :my COMMISSION � Q
p EXPIRES ;
Z?i�•.�12/311204�
•
'. O,� ••......•• �� .
4of5
Proffer,Statement 0 Artillery Business Cenler
NW Works, In
By:
Date:
STATE- OI VIRGINIA, AT LARGE
FREDFIRICK COUNTY, ,ro-wit: C (n
The for Ig ing inst utnet'i/t was acknowledged before me this ZS� day of `' "^�" e-r ,
2015, by
i\ty commission expires I3 6
Notary Public
5 ot'5
Debbie Jenkins
Notary Public
Commonwealth of Virginia
Notary ReaistrOnn #7593285
SHADY ELM ROAD
3' HEDGEROW AS REQUIRED PER 165-202.01D(13)(a)
3 TREES PIAN7ED PER 10 LINEAR FEET
(EVERGREEN)
PARKING AREA
10' ASPHALT TRAIL
STREET 7T1EES 50"
ON CENTER
40' R/!1' DEDICATION (COMPLETED) &
EYWRANCE IMPROKINNTS
EXISRAIG SHADY ELM ROAD (40' R/llJ
25
PARKING SETBACK (DIINIbIUAlf)
NOTE-
STRETT 7REE5' AND LANDSCAPE SCREEN
(3I7EES PER 10 LINEAR FEET) PROVIDED
IN ADD17YON TO ANY LANDSCAPING
077ZERINISE REQUIRED BY ORDINANCE
EAST —WEST COLLECTOR ROAD
3' HEDGEROW AS REQUIRED PER 165-202.01D(13)(a)
3 TREES PLANTED PER 10 LINEAR FEET
(EVERGREEN) ,
PARKING AREA
10' ASPHALT TRAIL
80' R/11' DEDICAT &
ROAD CONSTRUCI70N
STREET TREES 50'
ON CENTER
25 " PARKING' S'E7BACK (AfINIAMM)
A/0'I F:
S77?EE'7' 7REES AND LANDSCAPE SCREEN
(3 TREES PER 10 LINEAR FEET) PROVIDED
IN ADD1770N TO ANY LANDSCAPING
O'I'IIERIVISE RE(2UIRED BY ORDINANCE
ARTILLERY BUSINESS CENTER
Pennoni Associates, Inc.
ci ( EXHIBIT B 117 E. Picadilly St. Winchester, Virginia 22601
\O VOICE: (540) 667-2139 FAX: (540) 665-0493
�l FREDEPICK COUNTY, VIRGINIA
0 •
REVENUE SHARING AGREEMENT
THIS AGREEMENT, made and dated this _ day of 2015, is made by, between
and among the COUNTY OF FREDERICK, VIRGINIA (the "County"), a political subdivision of
Virginia, and VENTURE I OF WINCHESTER, LLC (the "Property Owner").
RECITALS:
A. The Property Owner is the owner of the following lots or parcels of land encompassed
by Frederick County rezoning 408-07: Tax Parcel Number 75-A-1, also known as 553
Shady Elm Road (the "Property").
B. The parties desire to arrange for the construction of a portion of a street, designated as
Renaissance Drive from the existing alignment of Renaissance Drive near its intersection
with Prosperity Drive and ending at an intersection with Shady Elm Road, generally
consistent with the alignment shown on the Generalized Development Plan approved as
part of Rezoning Number 08-07, approved by the County Board of Supervisors on
February 13, 2008 (the "Project"). The parties to this Agreement acknowledge that said
road and alignment is the subject of a proffer amendment, which either has been or will
be filed as of the date of the execution of this Agreement and which may adjust the
alignment of the aforementioned road. Further still, the parties acknowledge that there
is a required crossing of the CSX Railroad and an agreement that will need to be reached
between the parties and the CSX Railroad to allow for an at -grade railroad crossing.
That agreement has yet to be negotiated or finalized. Further still, the parties
acknowledge that given the alignment of the constructed portion of Renaissance Drive,
all or a portion of the remainder of Renaissance Drive will be located on an adjoining
property owner's land. As of the execution of this Agreement, no right of way has been
dedicated to allow for the construction of said road and, as a result of the items
referenced above, both parties recognize that there will need to be flexibility in the
specifics and design of the completion of Renaissance Drive. Notwithstanding same, the
parties agree that the intent and purpose of Renaissance Drive will not be amended,
namely to provide a connection between Shady Elm Road and Valley Avenue/Route 11
C. The parties desire to finance the Project using funds that the Property Owner will
provide (the "Venture I Funds") with additional matching funds (the "Matching Funds")
to be provided by the Virginia Department of Transportation ("VDOT").
D. The Venture I Funds and the Matching Funds are sometimes hereinafter collectively
referred to as the "Project Funds."
Exhibit A
0
C�
NOW, THEREFORE, WITNESSETH: That for and In consideration of the sum of Ten
Dollars, ($10.00), cash in hand paid by each of the parties hereto unto the other, the
receipt and sufficiency of which is hereby acknowledged, the parties do agree as
follows:
1. RECITALS: The Recitals are made a material part hereof and incorporated herein by
reference as if set out in full.
2. THE PROJECT: The Venture I Funds and the Matching Funds shall be applied and
expended in order to construct the roadway noted in item B in RECITALS.
3. COUNTY RESPONSIBILITIES:
a. The County shall act as fiscal agent and project manager for the Project. The
County's responsibilities as fiscal agent and project manager shall include
management and oversight of all roadway design, construction, approvals
and permitting that have not been completed prior to execution of a project
management agreement between the County and VDOT.
b. The County shall issue an IFB for construction services within 180 days of
final plan approval by the Virginia Department of Transportation or within
180 days of full execution of this agreement, whichever is later and
contingent upon it being the appropriate season to bid a roadway
construction project.
c. The County shall provide the Property Owner with a budget estimate of
County Services in addition to the low bid prior to execution of a contract
with the low bidder.
d. The County shall enter into agreements, if necessary, with: utility
companies, VDOT, railroad companies, or unforeseen others as relate to the
Project.
e. As project manager, the County shall supervise all aspects of the Project,
which shall be done in accordance with applicable VDOT standards.
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9
f. The County shall give written notice to the Property Owner of any
unforeseen design, engineering, construction, or environmental issues that
are encountered upon the Property within forty eight hours of discovery of
such issues. Thereafter, the County shall promptly provide written notice to
the Property Owner of the intended remediation measures and costs thereof
prior to commencement of such work. Such notice shall specify the
recommended remediation work which shall be verified and approved by the
County and shall further set forth the date upon which the remediation work
shall commence, which date shall be not less than five days after the date
that notice of the intended commencement of the remediation work is given
to the Property Owner. Following approval of this remediation work by the
Property Owner, or in the event that the Property Owner fails to object to
the remediation work within the five-day period referenced above, the
Property Owner shall provide payment of the additional funds through usual
and customary invoicing procedures. In the event that the Property Owner
objects to the remediation work during the five-day period referenced
above, then such dispute shall be submitted to a neutral engineering firm to
be agreed upon by the Property Owner and the County, whose decision shall
be final and binding upon the County and the Property Owner.
g. In the event that a mechanic's lien or other claim is filed against the Property
arising from or in connection with the Project, the County shall promptly
bond off any such mechanic's lien or claim with a portion of the Project
Funds, to the extent permissible under applicable law.
h. The County will make a good faith effort to procure the Matching Funds from
VDOT. In the event the County is unable to procure the Matching Funds
from VDOT, which results in a decision not to continue the project, any funds
provided by the parties hereto shall be returned to the respective parties, to
the extent not used for the Project, and the parties hereto shall have no
further obligations under this Agreement.
I. The County shall return all unspent Venture I Funds to the Property Owner at
the conclusion of the Project.
j. The terms of this Agreement shall apply until a railroad crossing agreement
has been finalized and right of way across Tax Parcel Number 75-A-1 and Tax
Parcel Number 74-A-68 has been provided by the owner of said parcels.
3
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k. The County shall coordinate with the Property Owner to review and approve
all design work. Upon receipt of approval of all design work from the
Property Owner, the County shall enter into design contracts immediately.
Based upon the agreed upon and approved design work, the County will
begin construction on the Project. In no event shall construction begin
before the Property Owner has approved all design work for the Project,
such approval to be provided as quickly as practical and not to be
unreasonably withheld.
4. VENTURE I RESPONSIBILITIES:
a. After execution of this Agreement and after the right of way referenced
above has been secured and a railroad crossing agreement is finalized and in
place, the Property Owner shall pay to the County 50% of the estimated
design cost as provided by the County's design consultant. Actual costs,
including any additional amounts that exceed the estimate, will be due per
invoice from the County. Overpayments, if any, will be applied to the
construction portion of the project,
b. Upon the County receiving estimates for the fees of utility companies, VDOT,
railroad companies, or unforeseen others that will be required as part of
agreements with those entities, the Property Owner shall pay to the County
50% of the provided estimate. Actual costs, including any additional
amounts that exceed the estimate, will be due per invoice from the County.
Overpayments, if any, will be applied to the construction portion of the
project.
c. The Property Owner shall pay to the County 25% of the chosen bid prior to
the County awarding the construction contract. In addition, the Property
Owner shall provide a letter of credit or bond prior to award of the
construction contact. The amount of the bond or letter of credit will be the
amount of the chosen construction bid plus a 10% contingency minus the
state Matching Funds and the 25% prepayment. The remaining expected
funding needs will be invoiced at such time as 80% of the initial payment has
been expended.
4
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d. The Property Owner shall provide full access to the Property for the purposes
of surveys, geotechnical work, or any other tasks related to design,
engineering, construction, and environmental needs of the Project.
e. The Property Owner shall provide all required right of way dedication,
permanent grading and drainage easements and temporary construction
easements to the County prior to the County award of the construction
contract. Costs for provision of these items will borne by the Property Owner
and not be reimbursable with matching funds.
f. The Property Owner shall pay all invoices from the County within 30 days.
g. The Property Owner shall cover 100% of all costs over and above the state
Matching Funds.
h. In the event that unforeseen costs are encountered, the Property Owner
agrees to expend such additlonal funds as are necessary in order to address
such reasonable unforeseen issues and the County agrees to match these
additional funds with the Matching Funds, if available.
5. NOTICES: All notices, demands, or other communications that may be necessary or
proper hereunder shall be deemed duly given if personally delivered, or when
deposited in the United States mail, postage prepaid, first class, registered or
certified, return receipt requested, addressed respectively as follows:
County: County of Frederick
Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
Attn: John A. Bishop AICP
With a copy to: County of Frederick
County Attorney
107 North Kent Street
Winchester, VA 22601
Attn: Roderick B. Williams, Esquire
Property Owner: Venture I of Winchester, LLC
c/o Gerald F. Smith, Jr., Manager
5
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549 Merrimans Lane
Winchester, VA 22601
With a copy to: Thomas Moore Lawson, Esquire
Lawson and Silek, P.L.C.
P.O. Box 2740
Winchester, VA 22604
6. ENTIRE AGREEMENT; AMENDMENTS: TIME:
a. This Agreement constitutes the entire agreement of the parties and
supersedes any prior understandings, whether oral or written, of the parties
regarding the subject matter of the Agreement, and including as to the
particular means for implementation of Items 1.4 and 2.2 (through but not
including Items 2.2.1 and 2.2.2) of the Proffer Statement executed February
7, 2008, for Rezoning 08-07, and as may be amended and/or replaced by
subsequent proffer amendments and/or rezonings. No amendment to this
Agreement shall be effective unless made in writing and signed by both
pa rties.
b. Time is of the essence with respect to all matters set forth in this Agreement.
c. This Agreement shall be binding upon and the obligations and benefits
hereof shall accrue to the parties hereto and their successors and assigns.
7. GOVERNING LAW; VENUE: This Agreement shall be governed by and
interpreted according to the laws of the Commonwealth of Virginia and any dispute
hereunder shall be heard only in the Circuit Court of Frederick County, Virginia.
0 0
WITNESS the following signatures and seals:
COUNTY OF FREDERICK, VIRGINIA
By- (SEAL)
VENTURE 1 OF WINCHE TER, LLC
�l I .0(r SEAL
By GWO)d F. Smil-h, Jr. (SEAL)
I�a.na�er
•
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PROFFER STATEMENT
RI�ZONING: RZ. #
Light Industrial (N1'l) to Light Industrial (NI1)
PROPERTY: 57.6 acres +/-;
Tax N,lap Parcels 75-!\-11' ("Land Bay 1") and 75-t\-1 ("Land I3ay 2")
jcollecuvely, the "Property"J
RI -,'CORD O\\'NLR: NVI Works, Inc. ("Land Bay 1 Owner");
Venture I of Winchester, LLC ("Land Bay 2 Owner")
APPL,ICzWFS: NW \Works, Inc. & Venture I of Winchester, LLC
PROjL:CI' NANIF: Artillery 13usincss Center
ORIGINAL DXFE'
OF PROFFE1 S: February 7, 2008
RI VISION DATC(S): September 2, 2015; September 24, 2015; October 5, 2015;
November 30, 2015
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced NI1 conditional rezoning is not granted as applied for by the applicant ("Applicant"),
these proffers shall be deemed withdrawn and shall be null and void. I"urther, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last day upon which the Frederick County Board of County
Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court.
If the Board's decision is contested, and the i\pplicant elects not to submit development plans until
such contest is resolved, the term rezoning shall include the day following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal. The headings of the proffers set forth
below have been prepared for convenience or reference only and shall not control or affect the
meaning or be taken as an interpretation of any provision of the proffers. The term "Land Bay I
Owner" as referenced herein shall include within its meeting all future owners and successors in
interest for Tax Niap Parcel 75-i\-11�. The term "band I3ay 2 Owner" as referenced herein shall
include within its meaning all future owners and successors in interests for Tax Map Parcel 75-t\-1.
When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled
"Generalized Development Plan, z\rtillcry Business Center" dated FcbrUary 6, 2007 revised t\ugust
14, 2015 (the "GDI'").
Monetary Contribution
1.1 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
S5,000.00 for fire and rescue purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDI'.
1.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
52,500.00 for Sheriffs office purposes prior to Issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP.
I ol' 5
Cl
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•
Proffer Statement
•
Artillery Business Center
1.3 The Land Bay 2 Owner shall contribute to the County of I rederick the sum of
S2,500.00 for general government purposes prior to issuance of a certificate of
occupancy for the first building constructed on Land 13ay 2, as depicted on the GDP.
2. Site Development
2.1 Direct access to the Property from Shady 1?lm Road shall be limited to a maximum
of 2 entrances as shown on the GDP with entrance improvements subject to VD0T
review ,Ind approval. (Sec 1 on GDP).
2.2 I-rederick Count,, at the time of the filing of this proffer, has entered into a Project
Administration Agreement with the Commonwealth of Virginia Department of
Transportation (VDO'Q, which provides for a cost share of the design and
construction costs for the I-.ast-West Collector Road from Valley Pike (Rt. 11) to
Shady L,im Road. The Land I3ay 2 Owner agrees to place the sum of 5633,644.00
into an escrow account within thirty days of the final unappealable approval of this
rezoning/Proffer Amendment to provide for the County match portion of the
existing Project Administration Agreement or any future Project Administration
Agreemcnt(s) for the l-.ast-West Collector Road. The Land Bay 2 Owner shall sec
that payments from the escrowed funds will be paid to I-rederick County within
thirty days of being invoiced by l rederick County for the County match portion for
wort: on the design, construction, ,Ind potential right of way acquisition costs
associated with the I.,'Collector Road as the work progresses up to a
cumulative amount of 5633,644.00. In the event that work associated with the E�'ast-
West Collector Road pursuant to a Project Administration Agreement has not
commenced within eighteen months of the final unappealable approval of this
rezoning/Proffer Amendment, then this Proffer 2.2 shall be considered withdrawn
and development of the Property shall be subject to all remaining provisions of this
Proffer Statement. As part of the design and construction of the Fast -West
Collector under this Proffcr 2.2, the Land Bay 2 owner agrees to dedicate right of
way 80 feet in width for approximately 1,100 feet as depicted on the GDP from
Point A to Point B at no cost to the County• funds remaining in the escrow
account, if any, after completion of the l,,ast-West Collector Road from Valley Pike
(Rt. 1 1) to Shady lilm Road or, in the event that the least-\\/est Collector Road is not
designed and constructed utilizing VDOT rcvenuc sharing funds, shall be returned
to the Land Bay 2 Owner.
2.3 In the event that the last -\Vest Collector Road is not designed and constructed
utilizing VDOT rcvenuc sharing funds pursuant to Proffcr 22, the Land Bay 2
Owner shall design a future least -West Collector Road utilizing an 80 foot right of
way as depicted on the GDP from Point A to Point C as a Rural 4 Lane Divided
(R413I) cross section. Should l,rcderick County secure rights to an at grade crossing
of the railroad, then the band I3ay 2 Owner shall complete the design of said at grade
crossing. The Land Bay 2 Owner shall then dedicate 80 feet of right of way and
construct the ultimate two westbound 1,Ines of the Collector Road for 1100 feet as
shown from Point A to Point I3 on the GDP upon any of the following conditions,
whichever occurs First: (See 2 on GDP)
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Proffer Statement Artillery Business Center
Prior to issuance of building; hermits for the second principle building within
Land Bay 2.
Upon commencement of construction of a railroad crossing as shown on the
GDP for the blast -West Collector Road.
Prior to July 1, 2022.
2.3.1 The Land Bav 2 Owner shall construct a maximum of two entrances on the
portion of the ]-:ast-West Collector Road constructed by the Land Bay 2
Owner as shown on the GDP.
2.4 A gcotechnlcal analysis shall be prepared and submitted to Frederick County for any
structures prior to site plan approval.
2.5 Development of the Property shall not exceed a 0A floor Area Ratio (FAR).
2.6 Within 60 days of issuance of a certificate of occupancy for the initial building
constructed on the Property, the Land Bay 1 Owner shall contribute to the County
the sum of $66,356.00 for transportation improvements, within the vicinity of the
Property.
3. Landscape Buffers Hiker/Biker Facilities, & Additional Right of Way
3.1 \Vithin the 25 foot parking setback between on -site parking areas and the proposed
right of ways for Shady I lm Road and the Fast -West collector as required by ` 165-
202.01D(6)(c) of the F edei-id. Colmi , Code, the Applicant shall construct a 10 foot
ition die Applicant shall provide a densely planted landscape
asphalt trill. In add
screen as depicted by attached L?xhil)it A, as revised July 15, 2015, consisting of street
trees planted 50 feet on center between the proposed right of way and the asphalt
trail as well as a double row of evergreen trees with a minimum density of three
plants per 10 linear feet and a minimum height of four feet at time of planting
located bet\veen the proposed trail and any parking areas.
Design Standards
4.1 Any building facade fronting Shady lilm Road or the proposed Fast -Nest Collector
Shall be constructed of one or a combination of the following : cast stone, stone,
brick, architectural block, glass, wood, cry vit or stucco.
Historic Resources
5.1 The Land I3ay 2 Owner shall complete a survey documenting any historic structures
on Land Bay 2 in general accordance with the guidelines established by the
Preliminary Information Dorm from the Department of Iistoric RCSOUrccs. Any
documentation created as part of said survey shall be provided to Frcdcrick County
Planning Staff and shall be completed prior to demolition of any historic buildings
located on the Property.
5.2 The ].,and Bay 2 Owner shall contribute to the County of Frederick the sum of
55,000.00 for purposes associated with historic Star fort prior to issuance of a
certificate of occupancy for the first building constructed on Land I3ay 2.
SIGNATURF'(S) APPEAR ON "I HF' FOLLOWING PAG13(S)
3 of 5
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Proffer Statement
0
Artillery Business Center
N7cnturc I of W'inclicster, LLC
By:
Date:
S1'ATG OF VIRGINIA, ATLARGE-'
FR-EDliRICK COUNT"Y,'T'o-wit:
The foregoing instrument was acknowledged before me this clay of
2015, by
N-ty commission expires
Notary Public
4of5
•
Proffer Statement
Artillery Business Center
N\\' \Pocks, Inc.
By:
Date:
SI'ATEI' OF VIRGINIA, AT LARGE
FRGDI'RICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this clay of
2015, by
Nly commission expires
Notary Public
5 of 5
s
SHADY ELM ROAD
3' HEDGEROW AS REQUIRED PER 165-20201D(13)(a)
3 TREES PLANTED PER 10 LINEAR FEET
(EVERGREEN)
PARKING AREA
10' ASP11ALT TRAIL
` ) f
STREET TREES 50'
ON CEMER
40' R111' DEDICATION (COMPLETED) &
ENTRANCE BfPROV,IIENT5
EXISTING SHADY ELAI ROAD (10' R/!lJ
25' PARKING SETBAC'IC (MINIMUM)
NOTE
S17?EE7' 7REES AND LANDSCAPE SCREEN
(3 77REES PER 10 LINEAR lEE7) PROVIDED
IN ADDITION TO ANY LANDSCAPING
077-IG'RIVISE REQUIRED BY ORDINANCE
EAST —WEST COLLECTOR ROAD
3' 11ROGEROW AS REQUIRED PER 165-202.01D(13)(a)
3 TREES PLANTED
PER 10 LLNFAR FEET
(EVERGREEN)
PARKING
AREA
10' ASPHALT TRAIL
—a-
QO ' R/11' DEDICATION &
ROAD CONSTRUCTION
STREET TREES 50'
ON CEN7FM
— 25
PARKING SE717ACIf (MINIA'IUA1)
N07E-
SMEE7' 7RGFS AND LANDSCAPE SCREEN
(3 TREES PER 10 LINEAR ! VET) PROVIDED
IN ADDINON TO ANY LANDSCAPING
O'I'HERIVLSE REQUIRED BY ORDINANCE
ARTILLERY BUSINESS CENTER
Pennant Associates, Inc.
v " C
U EXHIBIT A 117 E. Picadilly St. Winchester, Virginia 22601
\O a VOICE: (540) 667-2139 FAX: (540) 665-0493
�l FREDERICK COUNTY VIRGINIA
51
FA
w
s;
P
1 •• 0 \
• BUFFER, LANDSCAPING,
& 10' ASPHALT TRAIL
• s�
• P� LAND BAY 1
(Approx. 17.00 acres)
�• 1�j
0
2 ` • LAND BAY 2 -
80' R/W DEDICATION & `�• (Approx. 40.60 acres)
CONSTRUCTION OF MINIMUM �•
1100' 2 LANE ROADWAY �•
B
TM 74—A-68 0
FUTURE SHADY ELM/ROUTE 11 CONNECTOR ROAD O
(EAST —WEST COLLECTOR ROAD) \
PO
�O
�P
ARTILLERY BUSINESS CENTER
GENERALIZED DEVELOPMENT PLAN
FREDERICK COUNTY, VIRGINIA
RAI
o
ING
FX 144,1 ss`I
kc-F oR 110
I�
Pennoni Associates, Inc.
117 E. Picodilly St. Winchester, Virginia 22601
VOICE: (540) 667-2139 FAX: (540) 665-0493
PENNONI ASSOCIATES INC. F
CONSULTING ENGINEERS
MEMORANDUM DEC 2 2015
TO: John Bishop
FROM: Patrick Sowers
DATE: December 2, 2015
SUBJECT: Artillery Business Center — Revised Proffer Statement
CC:
Please find attached both a clean and redline version of a revised proffer statement for Artillery
Business Center. The redline version depicts the changes made since the October 5, 2015
version of the Proffer Statement.
The attached revision provides for $633,644 to be placed in an escrow account by the Land Bay
2 owner within 30 days of final rezoning to be used as the County match portion for revenue
sharing funds for the East-West Collector (Renaissance Drive). In addition, the Land Bay 1
Owner would provide a separate monetary proffer of $66,356 for transportation purposes within
the vicinity of the site. These proffers provide for a total of $700,000 in funding for
transportation improvements.
In the event that none of the $633,644 placed in escrow are utilized for revenue sharing funds
within 18 months of final rezoning, then, as an alternative, the proffer provides for the design of
the roadway from Shady Elm to the railroad, including the design of the railroad crossing itself if
rights to an at grade crossing are obtained, and then constructs 1,100 feet of the East-West
Collector on site.
I look forward to discussing these revisions with you in the near future.
117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493
www.pennoni.com
0
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n W. —D PROFFER STATEMENT
zz n"011. --
R1J%ONING: R%. #
Light Industrial (NI1) to light Industrial (NI I)
PROPLI "TY: 57.6 acres +/-;
Tax Niap Parcels 75-y\-1F ("Land Bay I") and 75-A-I ("Land Bay 2")
1collectivcly, the "Property"j
RIPCORD OWNI R: NW Works, Inc. ("Land Bay 1 Owner");
Venture I of Winchester, L.I.0 ("Land Bay 2 Owner")
Y\PPLICANTS: NW Works, Inc. & Venture I of Winchester, LI-C
PIZOJLCI' NANIF": Artillery Business Center
ORIGINAL DXt'B
OF, PIWI-I IRS: L"ebruary 7, 2008
RL-.VISION DXTB(S): September 2, 2015; September 24, 2015; October 5, 2015,
November 30, 2015
The undersigned herebN, proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conforinance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced NI1 conditional rezoning is not granted as applied for by the applicant ("Applicant"),
these proffers shall be deemed withdrawn and shall be null and void. L�urther, these proffers are
contingent upon final rezoning of the PL'Opei'ty with "final rezoning" defined as that rezoning which
is in effect on the day following the last day upon which the Frederick County Board of County
Supei-visors (the "Board") decision granting the rezoning may be contested in the appropriate court.
If the Board's decision is contested, and the Applicant elects not to submit development plans until
such contest is resolved, the terns rezoning shall include the day following entry of a final court
order affrrnling the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal. The headings of the proffers set forth
below have been prepared for convenience or reference only and shall not control or affect the
meaning or be taken as an interpretation of any provision of the proffers. The term "Land Bay 1
Owner" as referenced herein shall Include within its meeting all future Owners and successors in
interest for Tax Nlap Parcel 75-A-IF. The terns "band Bay 2 Owner" as referenced herein shall
include within its meaning all future owners and successors in interests for Tax Nlap Parcel 75-A-1.
When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled
"Generalized Development Plan, Artillery Business Center" dated L"ebruary 6, 2007 revised August
14, 2015 (the "GDP").
Monetary Contribution
1.1 The band Bay 2 Owner shall contribute to the County of Frederick the sum of
S5,000.00 for fire and rescue purposes prior to issuance of a certificate of occupancy
for the first building constructed Oil Land Bay 2, as depicted On the GDP.
1.2 The Land Bay 2 Owner shall contribute to the County of L"rederick the sum of
S2,500.00 for Sheriffs office purposes prior to issuance of a certificate of occupancy
for the first building constructed on band Bay 2, as depicted on the GDP.
I of
Pi -offer S1Qle/nenl •
9 Al-lillety Business Cenler-
1.3 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
S2,500.00 for general government purposes prior to issuance of a certificate of
occupancy for the first building constructed on Land Bay 2, as depicted on the GDP.
2. Site Development
2.1 Direct access to the Property from Shady I?lm Road shall be limited to a maximum
of 2 entrances as shown on the GDP with entrance improvements subject to VDOT
review and approval. (See 1 on GDP).
1-2 2 Frederick Counts at the time of the filing; of this proffer has entered into a Project
Administration Agreement with the Commonwealth of Virginia Department of
Transportation (\'DO'I), which provides for a cost share of the design and
construction costs for the last -West Collector Road from Valley Pike (Rt. 11 to
Shady 1 lm Road The Land Bay 2 Owner agrees to place the sum of 5633,644.00
into an escrow account within thirty days of the final unappealable approval of this
rezoning/Proffer Amendment to provide for the County match portion of the
existing Project Administration Agreement or any future Project Administration
Agrccctnent(s for the last -West Collector Road. The land 13ay 2 Owner shall see
that payments from the escrowed funds will be paid to Frederick County within
thirty days of being invoiced by Frederick County for the County match portion for
work on the design construction and potential right of way acquisition costs
associated with the I , ast-West Collector Road as the wotic progresses up to a
cumulative amount of 5633,644.00. in the event that work associated with the I?ast-
Wcst Collector Road pursuant to a Project Administration Agreement has not
commenced within cightec❑ months of the final unappealable approval of this
rezoning/Proffer Amendment then this Proffer 2.2 shall be considered withdrawn
and development of the Ptol)erty shall be subject to all remaining provisions of this
Proffer Statement As part of the design and construction of the Lust -West
Collector under this Proffer 2 2 the Land Bay 2 owner agrees to dedicate right of
was 80 feet in width for approximately 1,100 feet as depicted on the GDP from
Point .\ to Point B at no cost to the Count),. funds teulaining in the escrow
account if any, after completion of the 1 �;ast-West Collector Road from Vallee Pike
(Rt. 11) to Shads 1"1111 Road or, in the event that the Fast -West Collector Road is not
designed and constructed utilizing VDOT revenue sharing funds shall be returned
to the land 13av 2 Owner.
2.23 In the event that the Fast -West Collector Road is not designed and constructed
utilizing VDOT revenue sharing funds hutsuant to Proffer 2.2, 'T'the Land Bay 2
Owner shall design a future last -West Collector Road utilizing an 80 foot right of
way as depicted on the GDP from Point A to Point 4---C as a Rural 4 Lane Divided
(R41)) cross section. Should l rederick County secure rights to an at grade crossing
of the railroad then the Land I3av 2 Owner shall complete tlhc design of said at grade
crossin r. 'iThe Land Bay 2 Owner shall then dedicate 80 feet of right of way and
construct the ultimate two westbound lanes of the Collector Road for a ii=tinimum of
1 100 feet as shown from Point A to Point 13 on the GDP upon any of the following
conditions, whichever occurs first: (See 2 on GDP)
2 o I' 6
Prgffer Slateluent i
Artillery Bu,viuess Center
• Prior to iSSLiancc of a eeftificave "r " eeup;tn ' eated in
-1,,�,-building permits for the second Drincihle building within Land
I3�- 2.
o '1)1-4�i—t:F)-3rtgfrE�ef�c-iz�-tiii�ttC (>�eec tt�?Rilc��ffrr-xI-sti'ttc-ttit.'t' with
assoei;tteei-l.j-t3tl n�- ie-ted 1)), 1,
• Upon commencement of construction of a railroad crossing as shown on the
GDP for the Fast -West Collector Road.
• Prior to fie- embet�-,4 my 1, 2A202022.
niiov to issuanceof a seeond butlding pet-Mit
building permit "vithin l'and Bay 2 Owner shall entev
=the -
t , LL ,
`vWestG-,ollec-torl)1oal-I as ",
kgreen2tent with the
Tffl nwetl-th—try Vi-rg-i
I t ans p or theLast W;
CA-leetot-1 , )t: 14)-to Shady- kim, an which furthef
�3r()t=tc�e rf<>I a cost=shgr. • rz r,f tl=ii cic4i >t��tHel-e61 r.,.. :,1 t
West Collector Road. -een ent-13etween the Land
Fredetiet County to 1 e entered int(I 0€ it 1
tj-4r,31-pt
and funtlrti; , tttea on-t),F t t�astWest Coil,.etor too te1
Which f�)I- tile payment oF the rri-t nimamueh-j-3t Lion of the l4x-�ec-t
,`-rdmi lis tEttJrr�-eerrZent—l-)evween—i4--ed
(:otj-rxowea1t1i. It -is -the ttiiJet1q+a-iic-l4igef-th
t j-ede =iel 411aring funds fol! tile
completion of the t ,. , ewes Collectot> Road, inn h+- =
:tc�j rrisitto,'-eo'rsr
223.2t The Land Bay 2 Owner shall construct a maximum of two entrances on the
portion of the Fast -West Collector Road constructed by the Land Bay 2
Owner as shown on the GDP.
2.4 A geotechnical analysis shall be prepared and Submitted to Frederick Count}' for any
structures prior to site plan approval.
2.5 Development of the Property shall not exceed a 0.4 floor Area Ratio (FAR).
2.6 Within 60 Claus of issu'tnce of at certificate of occupanc)l for the initial building
constructed on the Property, Land and Bay 1 Owner shall contribute to the Counh
the sum of S66,356.00 for transportation improvements within the vicinity of the
Property.
Landscape Buffers, Hiker/Biker Facilities, & Additional Right of Way
3.1 Within the 25 foot parking setback between on -site parking areas and the proposed
right of ways for Shade Flm Road and the lust -West collector as required by § '165-
202.0"1D(6)(c) of the I'i-edoick, Cohn/), Code, the Applicant shall construct a '10 foot
3 of 6
Proffer Statement •
• Artil/ety Business Center
asphalt trail. In addition, the Applicant shall provide a densely planted landscape
screen as depicted by attached I xhibit A, as revised July 15, 2015, consisting of street
trees planted 50 feet on center between the proposed right of way and the asphalt
trail as well as a double row of evergreen trees with a tninimutn density of three
plants per 10 linear feet and a minimum height of four feet at time of planting
located between the proposed trail and any parking areas.
4. Design Standards
4.1 Any building facade fronting Shady Bltn Road or the proposed liast-West Collector
sliall be constructed of one or a combination of the following : cast stone, stone,
brick, architectural block, glass, wood, dry vit or stucco.
5. Historic Resources
5.1 The Land Bay 2 Owner shall complete a survey documenting any historic structures
on Land Bay 2 in general accordance with the guidelines established by the
Preliminary Information Dorm from the Department of Historic Resources. Any
documentation created as part of said survey shall be provided to Frederick County
Planning Staff and shall be completed prior to demolition of any historic buildings
located on the Property.
52 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
S5,000.00 for purposes associated with historic Star Fort prior to issuance of a
certificate of occupancy for the first building constructed on Land Bay 2.
SIGNATURL (S) APPGz\R ON'1'I-I[, FOLLOWING PAGES)
Venture I of Winchester, LLC
By:
Date:
4of6
Proffer SlQlement 0
. Artillery Business Cenler
STATF OI" VIRGINIA, AT LARGI
FREDI RICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day of
2015, by
My commission expires
Notary Public
NW Works, Inc.
By:
Date:
5 of 6
Proffer Slatemelil ,
Artillery Business Center
STATE OF VIRGINIA, ATLARGE'
FREDERICK COUNTY,To-wit:
The foregoing instrument was acknowledged before me this day of
2015, by
NI), commission expires
Notary Public
6 of
Diane Walsh
From: John Bishop
Sent: Friday, December 04, 2015 9:08 AM
To: Diane Walsh
Subject: FW: Proffer update
From: Rod Williams
Sent: Thursday, December 03, 2015 4:27 PM
To: John Bishop
Cc: Kris Tierney
Subject: RE: Proffer update
John,
I have now reviewed it. As a general proposition, I agree with your assessments that it is
more complicated than it needs to be, that there is no reason to limit application of 2.2 only to a
revenue sharing project, and that CSX will require a design first. More specific thoughts follow.
In 2.2, about midway through, the word "potential" before ROW acquisition should be
deleted. ROW should be no more "potential" than design and construction. At the end of that
sentence, the language should be clarified to read along the lines of "as the Land Bay 2 Owner's
share of the cost progresses up to a cumulative amount of $663,644.00".
In 2.3, the "then" in the dedication sentence should be deleted. It otherwise would imply that
the dedication only occurs if the conditions in the previous sentence take place, when in fact the
conditions are in the bullet points. I do note however, that the preface to the bullets concerns the first
to occur and that one of those points is a date certain (7/1/22, though the words "Prior to" make it
confusing), so that come 7/1/22, the proffer kicks in, regardless of building permits.
As for 2.6, proffers that are enforceable only after issuance of CO's can be very hard to
enforce.
G0eJ
From: John Bishop
Sent: Thursday, December 03, 2015 2:18 PM
To: PSowersCa)Pennoni.com
Cc: Kris Tierney; Rod Williams
Subject: Proffer update
Patrick;
While I have not yet been able to update my staff report, I want to get you feedback on the new proffer draft as rapidly
as possible.
Proffer 2.2
Frankly the proffer is more of a narrative than a proffer. It is my opinion that the proffer should be simplified to
get to the heart of what it is trying to accomplish which is make $633,644.00 available to leverage state
transportation funds. For example, if there were another state program which we could leverage funds that is
not the revenue sharing program, we would not be able to draw upon these funds.
0 0
Proffer 2.3
The proffer to construct 1100 and design the roadway and crossing in the event that revenue sharing doesn't
move forward within 18 months. One element of this proffer is to design the crossing IF the county can get an
agreement with CSX for an at grade crossing. What this continues to fail to recognize is that a final crossing
agreement with CSX cannot be obtained without a design. This important misunderstanding of the process
renders that portion of the proffer meaningless. In addition, the rewording of the trigger that doesn't require
the construction until "building permits for a second principle user" are required considerably weakens the rest
of the proffer and is a step back from the current requirements. It is entirely feasible that the property would
never get more than a single principle building and then depending upon their level of build out they would be
in a position to never perform proffer 2.3 and there would be little the County could do about it regardless of
the other two triggers.
Finally, aside from my concerns with the actual language of this proffer, I have to point out that this proffer modification
reflects a significant reduction compared to the value of the current proffers. Between cash proffers, construction
commitments, right of way purchase commitments, and design commitments the current proffers value easily exceeds
$1M. It will be incumbent upon you, as the applicant, to make a very strong case to the Board of Supervisors as to why
they should accept that modification.
Please let me know if I can be of any assistance as we work toward the Board meeting next week.
Thankyou
John
z
t
0
PROPOSED PROFFER STATEMENT
REZONING: RZ. #
Light Industrial (Nil) to light Industrial (Nf1)
PROPI .R'1"Y: 57.6 acres +/-;
Tax \Map Parcels 75 \-1 F (`hand Bay 1 ") and 75-z\-1 ("Land Bay 2")
(collectively, the "Property"I
RL.CORD O\VNL?R: NW Works, Inc. (`hand Bay I Owner");
Venture I of Winchester, LLC ("Land Bay 2 Owner")
APPLIC,\NI'S: NW Works, Inc. & Venture I of Winchester, I,I.0
PROJI.?C:'I' N:\III ;\rtillcry Business Center
ORIGIN.\L, DXFE
OF February 7, 2008
Rl VISION D \"I'I (S): September 2, 2015
The undersigned hereby proffers that the use and development of the subject property
(`Property"), as described above, shall be in strict conformance with the following conditions, which
Shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced Nil conditional rezoning is not granted as applied for by the applicant ("Applicant"),
these proffers shall be deemed withdrawn and shall be null and void. I"urtlicr, these proffers arc
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last day upon which the Frederick County Board Of County
SupeL1-isors (the "Board") decision granting the rezoning may be contested in the appropriate court.
If the Board's decision is contested, and the ;\pplicant elects not to submit development plans until
Such contest is resolved, the term rezoning shall include the day following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal. The headings of the proffers set forth
below have been prepared for convenience or reference only and shall not control or affect the
meaning or be taken as an interpretation of any provision of the proffers. The term "Land Bay 1
Owner" as referenced herein shall IIICILIde within its meeting all fLItLire owners and SLICCCSSOrS in
interest for Tax \lap Parccl 75- \-1 . The term "Land Bay 2 Owner" as referenced herein shall
include within its meaning all future owners and successors in interests for Tax Map Parcel 75-iA-I.
When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled
"Generalized Development Plan, ;\rtillery Business Center" dated Fcbruary 6, 2007 revised I\ugust
14, 2015 (the "GDP"), and shall include the following:
Monetary Contribution
1.1 The land Bay 2 Owner shall contribute to the County of Frederick the sum of
S5,000.00 for fire and rescue purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP.
1.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
S2,500.00 for Sheriff's office purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP.
I of 5
Proffer Stcrteurent • Artillery Business Center
op
1.3 The Land I3ay 2 Owner shall contribute to the Count' of I rederick the sum of
S2,500.00 for general government purposes prior to issuance of a certificate of
occupancy for the first building constructed on Land Bay 2, as depicted on the GDP.
2. Site Development
2.1 Direct access to the Property from Shady I?Im Road shall be limited to a maximum
of 2 entrances as shown on the GDP with entrance improvcmcnts subject to VDOT
review and approval. (Sec I on GDP).
2.2 The band Bay 2 Owner shall design a future I-,ast-West Collector Road utilizing an
80 foot right of way as depicted on the GDP from Point A to Point B as a Rural 4
Lane Divided (R41)) cross section. The land Bay 2 Owner shall then dedicate 80
feet of right of \vay and construct the ultimate two westbound lanes of the Collector
Road for a minimum of 1 100 feet as shown from Point A to Point B on the GDP
upon an)' of the following conditions, whichever occurs first: (Sec 2 on GDP)
• Prior to issuance of a certificate of occupancy for any structure located in
Land Bay 2.
• Prior to issuance of a certificate of occupancy for any structure located in
Land Bay 1 but with associated land area located in Land Bay 2 as depicted
by site plan.
• Upon commencement of a railroad crossing as shown on the GDP for the
Lust -West Collector Road.
• Prior to December 31, 2020.
2.2.1 In the event that right of way at least 80' in width is made available across
Tax Map Parcel 74-A-68 as generally depicted oil the GDP from Point B to
Point C and l redcrick County obtains the right to an at grade railroad
crossing and the Land Bay 2 Owner has entered into a revenue sharing
agreement with l rederick County, which in turn has secured matching funds
with the State to allow for a cost share dollar. -for -dollar match of State funds
to pay for the construction of the completion of Renaissance Drive (a cop)'
of the proposed revenue sharing agreement as signed by the Land Bay 2
Owner is attached as I,,xhibit A), then the ],and Bay 2 Owner shall design the
Fast -West Collector Road as a Rural 4 bane Divided (R41)) cross section and
construct the ultimate tiv0 westbound lanes of the roadway, including the at
grade railroad crossing, from Point I3 to the existing terminus of Renaissance
Drive as shown on the GDP as Point D. If the tight of way across Tax LVIap
Parcel 74-.A-68 and rights to an at grade railroad crossing are made available
prior to commencement of the design of the Fast -West Collector Road from
Point A to Point 13, then completion of the design and construction of the
roadway segment from Point 13 to Point D and the railroad crossing shall be
subject to the same triggers provided by Proffer 2.2. Otherwise, design and
construction of said improvements shall occur within 5 years from the date
that the right of way and rights to an at grade railroad crossing are made
available. .An alternative to the R4D cross section for portions or all of the
Fast -West Collector Road may be permitted if desired and confirmed in
writing by both 1 rederick County and the band Bay 2 Owner.
2 01� 5
f Proffer SlC!leN1e11/
Ar/illeiy Business Center
2 2.2 The Land Bav 2 Owner shall construct a masinlum of two entrances on the
portion of the F,ast-West Collector Road constructed by the Land Bay 2
Owner as shown on the GDP.
2.3 Within their respective land bays, Land Bay I Owner and/or Land Bay 2 Owner may
construct an internal access road, if necessary, to meet the requirements for lot
access as identified by j 144-24C of the I'izdoick.. CNig), Code, to sense the Property to
Virginia Department of Transportation standards with a llllllllnulll pavement width
of 26 feet, provided they have obtained the prior written approval of the other band
Bay Owner. In the event that the internal access road traverses both band Bay 1 and
Land Bay 2, the location of the internal access road shall be subject to written
approval of both the land I3ay 1 Owner and Land I3ay 2 Owner.
2.4 A geotechnical analysis shall be prepared and suhnlitted to Frederick County for any
structures prior to site plan approval.
2.5 Developirient of the Property shall not exceed a 0.4 Floor Area Ratio (FAR).
3. Landscape Buffers Hiker/Biker Facilities, & Additional Right of Way
3.1 Within the 25 foot parking setback between the proposed right of ways for Shady
F.lm Road and the Flast-West collector as required by § 1 G5-202.01 D(6)(c) of the
I'iiderieh, Cow/(), Code, the Applicant shall construct a 10 foot asphalt trail to
Department of Recreation Standards. In addition, the Applicant shall provide a
densely planted landscape screen as depicted by attached F1xhibit B, as revised July
15, 2015, consisting of street trees planted 50 feet on center between the proposed
right of way and the asphalt trail as well as a double tow of evergreen trees with a
minimum density of three plants per 10 linear feet and a minitnunl height of four
feet at time of planting located between the proposed trail and any parking areas.
4. Design Standards
4.1 Any building facade fronting Shady I?lm Road or the proposed 1�.ast-West Collector
shall be constructed of one or a combination of the following : cast stone, stone,
brick, architectural block, glass, wood, dry wit or stucco.
5. Historic Resources
5.1 The Land Bay 2 Owner shall complete a survey documenting any historic structures
on the Property in general accordance with the guidelines established by the
Preliminary Information Dorm from the Department of I-Iistoric Resources. Any
documentation created as part of said survey shall be provided to f`rederick County
Planning Staff and shall be completed prior to demolition of any historic buildings
located on the Property.
52 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
S5,000.00 for purposes associated with historic Star Dort prior to issuance of a
certificate of occupancy for the first building constructed on band Bay 2.
SIGNATURI (S) APPI?AR ON TFIF FOLLOWING PAGFI(S)
3 0l' 5
Prof SlC!l8!)Je)Jl
Artille)y Business Center
V7C11CUCe I of Winchcster, LLC
By:
Date:
S ATI_' 01- �'IRGINIA, SAT LARGF
FRI�DGRICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day of
2015, by
My commission expires
Notary Public
4 o l' 5
Proffer Statement
0 Artillety Business Center
NW Works, Inc.
By:
Date:
STATE,' OF VIRGINIA, AT L ARGLI.
I"RLDI3RICK COUNl'Y, To -wit:
2015, by
Fhe foregoing instrument was acknowledged before nle this day of
ININ' commission expires
Notary public
5 0(•5
L
AI
• si
O P
•
• °MCP
•
•
• \ BUFFER, LANDXN
\ & 10' ASPHALT
• si
• PFf� \ \
\• `goo \ /
2 `\ �\z
80' R/W DEDICATION & �•�•
CONSTRUCTION OF MINIMUM �•
1100' 2 LANE ROADWAY �•
B
TM 74-A-68
O
FUTURE SHADY ELM/ROUTE 11 CONNECTOR ROAD O
(EAST -WEST COLLECTOR ROAD) O
LAND BAY 2 -
(Approx. 40.60 acres)
ARTILLERY QUSINESS CENTER
GENERALIZED DEVCL OPMENT PLAN
FREDERICK COUNTY, VIRGINIA
RAILROAD
�ROSSING
n�
j�1/SS�Vcc` I- Djo
� �oUrP /I
Pennoni Associates, Inc.
117 E Picadilly St. Winchester, Virginia 22601
VOICE: (540) 667-2139 FAX: (540) 665-0493
REVENUE SHARING AGREEMENT
THIS AGREEMENT, made and dated this day of , 2015, is made by, between
and among the COUNTY OF FREDERICK, VIRGINIA (the "County"), a political subdivision of
Virginia, and VENTURE I OF WINCHESTER, LLC (the "Property Owner").
RECITALS:
A. The Property Owner is the owner of the following lots or parcels of land encompassed
by Frederick County rezoning 408-07: Tax Parcel Number 75-A-1, also known as 553
Shady Elm Road (the "Property").
B. The parties desire to arrange for the construction of a portion of a street, designated as
Renaissance Drive from the existing alignment of Renaissance Drive near its intersection
with Prosperity Drive and ending at an intersection with Shady Elm Road, generally
consistent with the alignment shown on the Generalized Development Plan approved as
part of Rezoning Number 08-07, approved by the County Board of Supervisors on
February 13, 2008 (the "Project"). The parties to this Agreement acknowledge that said
road and alignment is the subject of a proffer amendment, which either has been or will
be filed as of the date of the execution of this Agreement and which may adjust the
alignment of the aforementioned road. Further still, the parties acknowledge that there
is a required crossing of the CSX Railroad and an agreement that will need to be reached
between the parties and the CSX Railroad to allow for an at -grade railroad crossing.
That agreement has yet to be negotiated or finalized. Further still, the parties
acknowledge that given the alignment of the constructed portion of Renaissance Drive,
all or a portion of the remainder of Renaissance Drive will be located on an adjoining
property owner's land. As of the execution of this Agreement, no right of way has been
dedicated to allow for the construction of said road and, as a result of the items
referenced above, both parties recognize that there will need to be flexibility in the
specifics and design of the completion of Renaissance Drive. Notwithstanding same, the
parties agree that the intent and purpose of Renaissance Drive will not be amended,
namely to provide a connection between Shady Elm Road and Valley Avenue/Route 11
C. The parties desire to finance the Project using funds that the Property Owner will
provide (the "Venture I Funds") with additional matching funds (the "Matching Funds")
to be provided by the Virginia Department of Transportation ("VDOT").
D. The Venture I Funds and the Matching Funds are sometimes hereinafter collectively
referred to as the "Project Funds."
Exhibit A
• 9
NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of Ten
Dollars, ($10.00), cash in hand paid by each of the parties hereto unto the other, the
receipt and sufficiency of which is hereby acknowledged, the parties do agree as
follows:
1. RECITALS: The Recitals are made a material part hereof and incorporated herein by
reference as if set out in full.
2. THE PROJECT: The Venture I Funds and the Matching Funds shall be applied and
expended in order to construct the roadway noted in item B in RECITALS.
3. COUNTY RESPONSIBILITIES:
a. The County shall act as fiscal agent and project manager for the Project. The
County's responsibilities as fiscal agent and project manager shall include
management and oversight of all roadway design, construction, approvals
and permitting that have not been completed prior to execution of a project
management agreement between the County and VDOT.
b. The County shall issue an IFB for construction services within 180 days of
final plan approval by the Virginia Department of Transportation or within
180 days of full execution of this agreement, whichever is later and
contingent upon it being the appropriate season to bid a roadway
construction project.
c. The County shall provide the Property Owner with a budget estimate of
County Services in addition to the low bid prior to execution of a contract
with the low bidder.
d. The County shall enter into agreements, if necessary, with: utility
companies, VDOT, railroad companies, or unforeseen others as relate to the
Project.
e. As project manager, the County shall supervise all aspects of the Project,
which shall be done in accordance with applicable VDOT standards.
2
f. The County shall give written notice to the Property Owner of any
unforeseen design, engineering, construction, or environmental issues that
are encountered upon the Property within forty eight hours of discovery of
such issues. Thereafter, the County shall promptly provide written notice to
the Property Owner of the intended remediation measures and costs thereof
prior to commencement of such work. Such notice shall specify the
recommended remediation work which shall be verified and approved by the
County and shall further set forth the date upon which the remediation work
shall commence, which date shall be not less than five days after the date
that notice of the intended commencement of the remediation work is given
to the Property Owner. Following approval of this remediation work by the
Property Owner, or in the event that the Property Owner fails to object to
the remediation work within the five-day period referenced above, the
Property Owner shall provide payment of the additional funds through usual
and customary invoicing procedures. In the event that the Property Owner
objects to the remediation work during the five-day period referenced
above, then such dispute shall be submitted to a neutral engineering firm to
be agreed upon by the Property Owner and the County, whose decision shall
be final and binding upon the County and the Property Owner.
g. In the event that a mechanic's lien or other claim is filed against the Property
arising from or in connection with the Project, the County shall promptly
bond off any such mechanic's lien or claim with a portion of the Project
Funds, to the extent permissible under applicable law.
h. The County will make a good faith effort to procure the Matching Funds from
VDOT. In the event the County is unable to procure the Matching Funds
from VDOT, which results in a decision not to continue the project, any funds
provided by the parties hereto shall be returned to the respective parties, to
the extent not used for the Project, and the parties hereto shall have no
further obligations under this Agreement.
i. The County shall return all unspent Venture I Funds to the Property Owner at
the conclusion of the Project.
j. The terms of this Agreement shall apply until a railroad crossing agreement
has been finalized and right of way across Tax Parcel Number 75-A-1 and Tax
Parcel Number 74-A-68 has been provided by the owner of said parcels.
3
k. The County shall coordinate with the Property Owner to review and approve
all design work. Upon receipt of approval of all design work from the
Property Owner, the County shall enter into design contracts immediately.
Based upon the agreed upon and approved design work, the County will
begin construction on the Project. In no event shall construction begin
before the Property Owner has approved all design work for the Project,
such approval to be provided as quickly as practical and not to be
unreasonably withheld.
4. VENTURE I RESPONSIBILITIES:
a. After execution of this Agreement and after the right of way referenced
above has been secured and a railroad crossing agreement is finalized and in
place, the Property Owner shall pay to the County 50% of the estimated
design cost as provided by the County's design consultant. Actual costs,
including any additional amounts that exceed the estimate, will be due per
invoice from the County. Overpayments, if any, will be applied to the
construction portion of the project.
b. Upon the County receiving estimates for the fees of utility companies, VDOT,
railroad companies, or unforeseen others that will be required as part of
agreements with those entities, the Property Owner shall pay to the County
50% of the provided estimate. Actual costs, including any additional
amounts that exceed the estimate, will be due per invoice from the County.
Overpayments, if any, will be applied to the construction portion of the
project.
c. The Property Owner shall pay to the County 25% of the chosen bid prior to
the County awarding the construction contract. In addition, the Property
Owner shall provide a letter of credit or bond prior to award of the
construction contact. The amount of the bond or letter of credit will be the
amount of the chosen construction bid plus a 10% contingency minus the
state Matching Funds and the 25% prepayment. The remaining expected
funding needs will be invoiced at such time as 80% of the initial payment has
been expended.
ILI
d. The Property Owner shall provide full access to the Property for the purposes
of surveys, geotechnical work, or any other tasks related to design,
engineering, construction, and environmental needs of the Project.
e. The Property Owner shall provide all required right of way dedication,
permanent grading and drainage easements and temporary construction
easements to the County prior to the County award of the construction
contract. Costs for provision of these items will borne by the Property Owner
and not be reimbursable with matching funds.
f. The Property Owner shall pay all invoices from the County within 30 days.
g. The Property Owner shall cover 100% of all costs over and above the state
Matching Funds.
h. In the event that unforeseen costs are encountered, the Property Owner
agrees to expend such additional funds as are necessary in order to address
such reasonable unforeseen issues and the County agrees to match these
additional funds with the Matching Funds, if available.
5. NOTICES: All notices, demands, or other communications that may be necessary or
proper hereunder shall be deemed duly given if personally delivered, or when
deposited in the United States mail, postage prepaid, first class, registered or
certified, return receipt requested, addressed respectively as follows:
County: County of Frederick
Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
Attn: John A. Bishop AICP
With a copy to: County of Frederick
County Attorney
107 North Kent Street
Winchester, VA 22601
Attn: Roderick B. Williams, Esquire
Property Owner: Venture I of Winchester, LLC
c/o Gerald F. Smith, Jr., Manager
5
549 Merrimans Lane
Winchester, VA 22601
With a copy to: Thomas Moore Lawson, Esquire
Lawson and Silek, P.L.C.
P.O. Box 2740
Winchester, VA 22604
6. ENTIRE AGREEMENT; AMENDMENTS; TIME:
a. This Agreement constitutes the entire agreement of the parties and
supersedes any prior understandings, whether oral or written, of the parties
regarding the subject matter of the Agreement, and including as to the
particular means for implementation of Items 1.4 and 2.2 (through but not
including Items 2.2.1 and 2.2.2) of the Proffer Statement executed February
7, 2008, for Rezoning 08-07, and as may be amended and/or replaced by
subsequent proffer amendments and/or rezonings. No amendment to this
Agreement shall be effective unless made in writing and signed by both
parties.
b. Time is of the essence with respect to all matters set forth in this Agreement.
c. This Agreement shall be binding upon and the obligations and benefits
hereof shall accrue to the parties hereto and their successors and assigns.
7. GOVERNING LAW; VENUE: This Agreement shall be governed by and
interpreted according to the laws of the Commonwealth of Virginia and any dispute
hereunder shall be heard only in the Circuit Court of Frederick County, Virginia.
[:
0
0
WITNESS the following signatures and seals:
COUNTY OF FREDERICK, VIRGINIA
By (SEAL)
VENTURE I OF WINCHESTER, LLC
SEA
By (SEA
SHADY ELM ROAD
3' HEDGEROII' AS REQUIRED PER 165-202.01D(13)(a)
3 TREES PRINTED PER 10 LINEAR FEET
(EVERGREEN)
PARKING AREA
10' ASPHALT TRAIL
W&_
STREET TREES 5 0'
ON CENTER
f 0 ' R/!I' DEDICATION (COMPL=D) &
EN77MNCE IMPRO KINNTS
EXISTING SlIADY ELM ROAD (10' RlllJ
25
PARKING SETBACK (AIINIAIUbI)
NO71'-
STREET 'TREES' AND LANDSCAPE SCREEN
(3 'TREES PER 10 LINEAR FEET) PROVIDED
IN ADDITION TO ANY LANDSCAPING
0771I.NXISE REQUIRED BY ORDINANCE
EAST —WEST COLLECTOR ROAD
3' HEDGEROW AS REQUIRED PEI? 165-20201D(13)(a)
3 TREES PRINTED PER 10 LINEAR FEET
(EVERGREEN)
PARKING AREA
0
0 0
10' ASPHALT TRAIL
BO ' R/JY DEDICA 770N &
ROAD CONSTRUC7701v
STREET TRL• FS 50 '
ON CENTER
25'
PARKING 5'ET13/1 CA- (MIMMUAA/)
N07L.-
SIRLWT TREES AND LANDSCAPE SCREEN
(3 7REE5 PER 10 LINEAR PEET) PROVIDED
IN ADDITION TO ANY LANDSCAPING
077 imriSE REQUIRED BY ORDINANCE
ARTILLERY BUSINESS CENTER
Pennoni Associates, Inc.
U, EXHIBIT B 117 E. Picadilly St. Winchester, Virginia 22601
Q VOICE: (540) 667-2139 FAX: (540) 665-0493
"'l FREOERICK COUNTY, VIRGIIIIA
•
0
February 14, 2008
1/Ir. Patrick Sowers
Patton Harris Rust & Associates
117 E. Piccadilly Street
Winchester, VA 22601
COUNTY of FREDERICK
Department of Planning and Development
S40/665-5651
FAX: S40/665-639S
RE: REZONING #08-07, ARTILLERY BUSINESS CENTER
Dear Patrick:
'this letter serves to confirm action taken by the Frederick COUnty Board of Supervisors at their
meeting of February 13, 2008. The above -referenced application was approved to rezone 58.7 acres
from RA (Rural Areas) District to tv11 (Light Industrial) District, with proffers, for Light Industrial
Uses. The property is located east and adjacent to Shady Elm Road, approximately 1,500 feet south of
Route 37, in the Back Creek District, and is identified with Property Identification Number 75-A-1.
The proffer dated December 26, 2006 and revisal February 7, 2008, that was approved as a part of
this rezoning application is unique to this property and is binding regardless of ownership. Enclosed
is a copy of the adopted proffer statement fbr your records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
Nfichael "f. Ruddy, AICP
Deputy Planning Director
NIR'f/bhcl
Attachment
cc: Gary A. Lofton, Board of Supervisors, Back Creek District
Cordell Watt and Greg Unger, Back Creek Planning Commissioners
.lane Anderson, Real Estatc
Commissioner of Revenue
Venture f of Winchester, LLC, 1 18 Armstrong Place, Winchester, VA 22602
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
•
PROPOSED PROFFER STATEMENT
REZONING: RZ. # 09'U%
Rural tlrcas (RA) to Light Industrial (Ml)
PROPERTY: 58.7 acres +/-;
Tax i�,tap Parcels 75-A-1 [the "Property"]
RECORD OWNER: Venture I of Winchester, LLC
APPLICANT: Venture I of Winchester, I,LC
PROJECT NAME: Artillery Business Center
ORIGINAL DATE
OF PROFFERS: December 26, 2006
REVISION DA'i'E(S): 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07;
8/1/07; 8/17/07; 9/14/07; 9/19/07; 9/21/07; 10/9/07; 11/5/07;
11 /6/07; 11 / 15/07; 12/21 /07; 1 /15/08; 2/7/08
"1'he undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"),
these proffers shall be deemed withdrawn and shall be null and void. }Further, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following die last day upon which the Frederick County Board of County
Supervisors (the `Board") decision granting the rezoning may be contested in the appropriate count.
If the Board's decision is contested, and the Applicant elects not to submit development plans until
such contest is resolved, the term rezoning shall include the day following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affu-med on appeal. The headings of the proffers set forth
below have been prepared for convenience or reference only and shall not control or affect the
meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as
referenced herein shall include within its meaning all future owners and successors in interest. When
used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled
"Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised February
7, 2008 (the "GDP"), and shall include the following:
MonctaU Contribution.
1.1 The Applicant shall contribute to the County of Fredericic the sum of $5,000.00 for
fire and rescue purposes upon issuance of die first building permit.
1.2 'I'he Applicant shall contribute to the County of Frederick the sum of $2,500.00 for
Sheriff's office purposes upon issuance of the first building permit.
1.3 The Applicant: shall contribute to the County of Frederick the sum of.52,500.00 for
general government purposes upon issuance of the first building permit.
1 of 5
Proffer Statement • Arttllety Business Center
1.4 The Applicant shall contribute to the County of Frederick the sum of $250,000.00
for die design and/or construction of the future Bast -West Collector Road or for
any other transportation improvements as deemed necessary by Frederick County
and VDOT. Said monetary contribution shall be made within 60 days of issuance of
the first Certificate of Occupancy for any structure located on the Property.
2. Site Develo mein
2.1 The Applicant shall dedicate 40 feet of right of way for Shady Elm road along the
Property frontage as depicted on the GDP prior to issuance of the first bLulding
permit. Additionally, the Applicant shall widen the existing northbound lane to a
total width of 24 feet of pavement as measured from the center line of Shady Lim
Road along the Property frontage with Shady E1.m Road to provide for a continuous
right turn lane along the Property frontage with Shady E1tn Road. Direct access to
die Property from Shady Elrn Road shall be ].invited to a maximum of 2 entrances as
shown on the GDP. The Applicant shall provide a double stripe lane marking for
the centerline of Shady Elm Road along the Property frontage with Shady Elm Road
(See 1 on GDP)
2.2 The Applicant shall design a future East-West Collector Road utilizing an 80 foot
right of way as depicted on the GDP from Point A to Point C, assullmig an at grade
railroad crossing, as a Rural 4 Lane Divided (R41)) cross section prior to issuance of
the first Certificate of Occupancy for any structure located on the Property. The
Applicant shall tlhen dedicate 80 feet. of right of way and construct the ultimate two
westbound lanes of die Collector Road for a Ininimunh of 1100 feet as shown from
Point A to Point B on the GDP upon any of the following conchtlons, whichever
occurs first: (See 2 on GDP)
• Prior to issuance of the fourth building permit for the Property.
• Prior to the issuance of a building permit for any structure located in Land
Bay 2.
• Prior to issuance of a certificate of occupancy for any structure located in
.Land Bay 1 but with associated land area located in Land Bay 2 as depicted
by site plan.
• Upon commencement of a railroad crossing as shown on the GDP for the
East-West Collector Road.
• Prior to December 31, 2013.
2.2.1 The Applicant shall make available an 80' wide tract of land across "I'ax Map
Parcel 74-A-68 as depicted on the GDP from Point B to Point C in
conformance with the road design provided by Proffer 2.2 for the future
extension of the East-West Collector Road. The Applicant shall provide said
property at no cost to the County, after December 31, 2008 and within 90
days of receiving written request froth the County.
2.2.2 The Applicant slhall construct a maximum of two entrances on the portion of
die 1,ast-West Collector Road constructed by the Applicant as shown on the
GDP.
2of5
Proffer Slalemenl • . Artillery Business Cenler
2.2.3 land Bay 2 as shown on the GDP shall have access via the casteriuhhost
entrance located on the portion of die last -West Collector Road constructed
by the Applicant as shown on the GDP.
2.3 The Applicant shall construct an internal access road, if necessary to meet the
requirements for lot access as identified by �1114-24C of the Frederick Coldly Code, to
serve the Property to Viginia Deparrenent of "Transportation standards with a
minimum pavement width of 26 feet.
2.4 A geotechnical analysis shall be prepared and submitted to Frederick County for any
structures prior to site plan approval.
2.5 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR).
2.6 The Property shall contain a ME' U'mum of dnree users upon final build -out.
2.7 No warehouse -distribution facility greater than 200,000 square feet shall be
constructed on the Property within 5 years of the Date of final Rezoning.
2.8 Should the County or odhers obtain the rights to an at grade railroad crossing for the
proposed East-West Collector Roach as identified on the GDP, the Applicant shall
Fully fund tlhe design of said at grade crossing.
3. Landscape Buffers Hiker/Biker Facilities, & Additional Right of Way
3.1 Within die 25 foot parking setback between the proposed right of ways for Shady
Elm Road and the Fast. -West collector as required by � 165-27E(5) of the Frederick
Conn, Code, the Applicant shall construct a 10 foot asphalt: trail to Department of
Recreation Standards. In addition, the Applicant shall provide a densely planted
landscape screen as depicted by Exhibit A as revised 1/15/08 consisting of street
trees planted 50 feet on center between the proposed right of way and the asphalt
trail as well as a double row of evergreen trees with a mitnitnutn density of three
plants per 10 linear feet and a tniniinuna height of foul: feet: at time of planting
located between the proposed trail and any parking areas.
Zl. Dcsigu Standards
4.1 Any builduig fa�adc fronting Shady Fltn .Road or the proposed Fast -West Collector
shall be constructed of one or a combination of the following : cast stone, stone,
brick, architectural block, glass, wood, dry vit or stucco.
42 Freestanding business signs shall be fi nit:ed to one monument style sigh per lot that
shall not exceed 20 feet in height. In addition, the Applicant may construct one
main entrance/tenant directory sign along eidler Shady Elm Road or the proposed
Fast -West Collector as a monument- style sign that shall not exceed 30 feet in height.
If revisions to the Frederick C'oun/y Louhl'g Ordinance are made which would limit the
size and/or number of signs to a greater extent than the aforementioned standards,
then the Applicant shall conform with die sign ordinance standards ul existence at
the time of issuance of a permit for any sign located on the Property.
3 of
- Proffer Statement .
5. Historic Resources
• Artillery Business Center
5. l The Applicant shall complete a survey documenting any historic structures on the
Property in general accordance with the guidelines established by the Preliminary
Information Form from the Department of Historic Resources. Any documentation
created as part of said survey shall be provided to Frederick County Planning Staff
molition of any buildings located on the Property.
and shall be completed prior to de
5.2 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for
purposes associated with historic Star Fort- prior to issuance of the first building
pernut.
6. Escalator Clause
6.1 In the event the monetary contributions set forth in the Proffer Statement are paid
to the Frederick County Board County Supervisors ("Board") wit]un 30 months of
the approval of this rezoning, as applied for by the Applicant, said contributions shall
be in the amounts as stated herein. Any monetary contributions set forth in the
Proffer Statement which are paid to the Board after 30 months following the
approval of this rezoning shall be adjusted in accordance with the Urban Consumer
Price Index ("CPI-U") published by the United States Department of labor, such
that at the time contributions are paid, they shall be adjusted by the percentage
change in the CPI-U from that date 24 months after the approval of this rezoning to
the most recently available CPI-U to the date the contributions are paid, subject to a
cap of 6% per year, non -compounded.
SIGNATURE(S) APPEAR ON THE FOLLOWING PAGFI(S
4of5
140' R7*w IDIC,
& ROAD Wl'
ON
� N-I
BUFFER, 1,46 W-' ING,_ ...... .... .......
10' As*Jlm[-
LAND,Wl
6pox.l.' 28.7 acres)
"®R
8",/W D ICAMN'-
-,"C-6ST-OUCTION OF MINIMIJ/ 114-12 LANE ROADWAY/
T�4 74-A-08i
//`fDT-*-S—H4bY EILM/AtElll lzR
(EAST-"WESJ/tOLl- ECTO6 8d,',,,R)W.RE5iR6Tl0N/;& R4D
'SHAVLM �OAQ E . TO RA
J.
�o NNECTN ROAD
,Mk)
DESIO,(FRDX
ILMAD
--j
6-
ti ARTILLERYARTILLERYBUSINESS CENTER
GENERALIZED DEVELOPMENT PLAN
o \lz 63 �b
f-ROERICK COUNTY, VIRCINIA
v
Q.
LAND
;BAY-2--.....---�)
rox. 30.0 acres)
FU' T OAD
10 D C11 Irl
y oolhqv I
0
Patton, Harris, Rust & Associates, pc
117 E. Picadilly St. Winchester, Virginia 22601
VOICE: (540) 667-2139 FAX: (540) 665-0493
• SHADY ELM ROAD
3' HEDGER0IY AS REQUIRED PER 165-27E(11)(a)
3 TREES PLANTED PER 10 LIWEAR FEET
(EVER(7REEN)
PARKING AREA
0
10 • 'ASPIIALT.`TR91L_:
kf
STREET TREES 50'
ON CEAM R
40' R/IY DEDICATION &
NORTHBOUND LANE UMPROWENTS
CYISTING SHADY ELM ROAD (40' R/i)9
25" PARKING SETBACK (MINIMUM)
NOTE:
SYJM,WT TREES AND LANDSCAPE S'CRGLN
(3 'TREES PER 10 LINEAR I%EET) PROVIDED
IN ADDITION TO ANY LANDSCAPING
OTHERIYISL' RG'QUIRED BY ORDINANCE
EAST —WEST COLLECTOR ROAD
3' REDGEROIY AS RFQUIRED PER 165-27E(11)(a)
3 TREES PLANTED PER 10 LINEAR FEET'
(EVERGREEN)
PAR!(ING AREA
. R 0- O
E5 PARKING 5L'TDACK (MINIMUM)
10. ASPHALT. TRAIL ::.:':; ..,;• :: ,.• , ...
60 ' R/11- DEDICATION &
ROAD CONSTRUCTION
STREET' 7VEES 50'
ON CENTER
ARTILLERY BUSINESS CENTER
oEXHIBIT A
�l FREOERICK COUNTY, KA'GINIA
NOTE.
SYRL&T TREES AND LANDSCAPE SCREEN
(3 MEWS PER 10 LINEAR 1%EET) PROVIDED
IN ADDITION TO ANY LANDSCAPING
OTNERIYISE REQUIRED BY ORDINANCE
Patton, Harris, Rust & Associates, pc
117 E. Picadilly St. Winchester, Virginia 22601
VOICE: (540) 667-2139 FAX: (540) 665-0493
Proffer Solement 0 Artillery Business Center
Venture I of Winchester, LL.0
Date: 74 Zbo e
STATE OF VIRGINL4, AT LARGE
FREDERICK COL1N"I'Y, To-v,it: >>��
'rhe foregoing instrument was acknowledged before me this _day of -e F ,
200%'by
NlycomilussioA Yp es
Notary Public �. jMvir:
; in
ia7
Aug31, 2011
5 of 5
•
PEE y jn
PENNONI ASSOCIATES INC.
CONSULTING ENGINEERS
MEMORANDUM
.a
'.. OCT '1 G 2015 ;
TO: John Bishop, AICP
FROM: Patrick Sowers
DATE: October 16, 2015
SUBJECT: Artillery Business Center Proffer Amendment
Please find attached the 10/5/15 version of the proffer statement for Artillery Business Center
with notarized signatures for Venture I of Winchester, LLC and NW Works, Inc. The proffer
statement is identical to the version previously submitted to your office. We are providing this
version simply to provide the owner signatures.
Also, Ty Lawson provided me with the attached draft revenue sharing agreement as signed by
Venture I.
If you have any questions, please feel free to contact me at (540) 667-2139.
117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493
www.pennoni.com
PROPOSED PROFFER STATEMENT
REZONING: RZ. #
Light Industrial (Ml) to Light Industrial (N41)
PROPER"IY: 57.6 acres +/-;
Tax -1%4ap Parcels 75-A-IF ("Land Bay l") and 75-A-1 ("Land Bay 2")
[collectively, the "Property"I
RECORD OWNER: NW Works, Inc. ("Land Bay 1 Owner");
Venture I of Winchester, LLC ("Land Bay 2 Owner")
APPLICANTS: NW Works, Inc. & Venture I of Winchester, LLC
PROJECT NAI\,IE: Artillery Business Center
ORIGINAL DATE
OF PROFFERS: February 7, 2008
REVISION DATE(S): September 2, 2015; September 24, 2015; October 5, 2015
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event that the above
referenced iMl conditional rezoning is not granted as applied for by the applicant ("Applicant"),
these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers arc
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last day upon which the Frederick County Board of County
Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court.
If the Board's decision is contested, and the Applicant elects not to submit development plans until
such contest is resolved, the term rezoning shall include the day following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, the day
following which the decision has been affirmed on appeal. The headings of the proffers set forth
below have been prepared for convenience or reference only and shall not control or affect the
meaning or be taken as an interpretation of any provision of the proffers. The term "Land Bay 1
Owner" as referenced herein shall include within its meeting all future owners and successors in
interest for Tax Map Parcel 75-A-1F. The term "Land Bay 2 Owner" as referenced herein shall
include within its meaning all future owners and successors in interests for Tax Map Parcel 75-A-1.
When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled
"Generalized Development Plan, Artillery Business (,'enter" dated February G, 2007 revised August
14, 2015 (the "GDP").
Monetary Contribution
1.1 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
S5,000.00 for fire and rescue purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP.
1.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
52,500.00 for Sheriffs office purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP.
IM,
Proffer Slatement
Arlillery Business Center
1.3 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
S2,500.00 for general government purposes prior to issuance of a certificate of
OCCLIpaI1Cy for the first building constructed on Land Bay 2, as depicted on the GDP.
2. Site Development
2.1 Direct access to the Property from Shady Elin Road shall be limited to a maximum
of 2 entrances as shown on the GDP with entrance improvements subject to VDOT
review and approval. (See 1 on GDI').
2.2 The Land Bay 2 Owner shall design a future Last -West Collector Road utilizing an
80 foot right of way as depicted On the GDP from Point A to Point B as a Rural 4
Lane Divided (R4D) cross section. The Land Bay 2 Owner shall then dedicate 80
feet of right of way and construct the ultimate two westbound lanes of the Collector
Road for a nliniirnun of 1100 feet as shown from Point A to Point B on the GDP
upon any of the following conditions, whichever occurs first: (See 2 on GDP)
• Prior to issuance of a certificate of occupancy for any structure located in
Land Bay 2.
• Prior to issuance of a certificate of occupancy for any structure with
associated laIld area, as depicted by site plan, within Land Bay 2.
• UpoIl commencement of construction Of a railroad crossing as shown oil the
GDP for the East-West Collector Road.
• Prior to December 31, 2020.
2.2.1 Prior to issuance of a second building permit within Land Bay 1 or a second
building permit within Land Bay 2, the Land Bay 2 Owner shall enter into an
agreement with Frederick County for the funding of the design and
construction as well as right of way acquisition, if necessary, for the East-
West Collector Road as depicted on the GDP. Frederick County, at the time
of the filing of this proffer, has entered into a Project Administration
Agreement with the Commonwealth of Virginia Department of
Transportation, which provides for the construction of the Fast -West
Collector Road from Valley Pike (Rt. 11) to Shady Elm, and which further
provides for a cost share of the design and construction costs for said East-
West Collector Road. The agreement between the Land Bay 2 Owner and
Frederick County to be entered into (if it has not already done so prior to the
approval of this proffer amendment) shall provide for the participation in
and funding of the design and construction of the East-West Collector Road,
which provides for the payment of the County match portion Of the Project
Administration Agreement between Frederick County and the
Commonwealth. It is the understanding of the Land Bay 2 Owner that
Frederick County intends to seek additional revenue sharing funds for the
completion of the East-West Collector Road, including potential right of way
acquisition costs.
2.22 The Land Bay 2 Owner shall construct a t1laximum of two entrances on the
portion of the East-West Collector Road constructed by the Land Bay 2
Owner as shown on the GDP.
2.4 A geotechllical analysis shall be prepared and submitted to Frederick County for any
structures prior to site plan approval.
2of5
Proffer Stalemenl Artillery Business Center
2.5 Development of the Property shall not exceed a 0A door Area Ratio (FAR).
Landscape Buffers, Hiker/Biker Facilities & Additional Right of Wa
3.1 Within the 25 foot parking setback between on -site parking areas Intl the proposed
right of ways for Shady Flm Road and the Fast -West collector as requirecl by � 165-
202.01D(6)(c) of the I'irdefic,L Conn/y Colle, the Applicant shall construct a 10 foot
asphalt trail. In addition, the Applicant shall provide a densely planted landscape
screen as depicted by attached Exhibit A, as revised July 15, 2015, consisting of street
trees planted 50 feet on center bcLwccn the proposed right of way and the asphalt
trail as well as a double row of evergreen trees with a minimum density of three
plants per 10 linear feet and a minimum height of four feet at time of planting
located between the proposed trail and any parking areas.
Design Standards
4.1 Any building facade fronting Shady Elm Road or the proposed Fast -West Collector
shall be constructed of one or a combination of the following : cast stone, stone,
brick, architectural block, glass, wood, dry vit or stucco.
Historic Resources
5.1 The Land Bay 2 Owner shall complete a survey documenting -,in), historic structures
on Land Bay 2 in general accordance with the guidelines established by the
Preliminary Information Dorm from the Department of I-Iistoric Resources. Any
documentation created as part of said survey shall be provided to Frederick County
Planning Staff and shall be completed prior to demolition of any historic buildings
located on the Property.
5.2 The Land Bay 2 Owner shall contribute to the County of I-reclerick the sutn of
55,000.00 for purposes associated with historic Star Dort prior to issuance of a
certificate of occupancy for the first building constructed on Land Bay 2.
SIGNATURE(S) APPEAR ON TI-IE FOLLOWING PAGE(S)
3of5
Proyer Statement
wArlillery Business Cenler
Venture I of Winchester, LLC ,
J
I3y: ��.e�-
Datc: / V I S//s
STATF, OI, VIRGINIA, A'I' L/\1ZGL,.
1'REDERICK COUNTY, To -wit:
The foregoing i
Vnstrument was acknowledgecl before me this 15 � day of
_ 0 ,
-F vYl�i(+�h�,,�. (� R Iy I rw4er, LLB
Zo l s, l,y ��QId ,
kAU 1 J. ti1LVW� rvmq PoIott6 ���ac�ctetrep��c
i\4y commission expires td 3( 15 o°"ec O�A T. On
Notary Public AG Son T Dow
.'l4'29
MY
er�tt'tttt.t�t��c
4 of 5
0
REVENUE SHARING AGREEMENT
THIS AGREEMENT, made and dated this day of , 2015, is made by, between
and among the COUNTY OF FREDERICK, VIRGINIA (the "County'), a political subdivision of
Virginia, and VENTURE I OF WINCHESTER, LLC (the "Property Owner").
RECITALS:
A. The Property Owner is the owner of the following lots or parcels of land encompassed
by Frederick County rezoning #08-07: Tax Parcel Number 75-A-1, also known as 553
Shady Elm Road (the "Property").
B. The parties desire to arrange for the construction of a portion of a street, designated as
Renaissance Drive from the existing alignment of Renaissance Drive near its intersection
with Prosperity Drive and ending at an intersection with Shady Elm Road, generally
consistent with the alignment shown on the Generalized Development Plan approved as
part of Rezoning Number 08-07, approved by the County Board of Supervisors on
February 13, 2008 (the "Project"). The parties to this Agreement acknowledge that said
road and alignment is the subject of a proffer amendment, which either has been or will
be filed as of the date of the execution of this Agreement and which may adjust the
alignment of the aforementioned road. Further still, the parties acknowledge that there
is a required crossing of the CSX Railroad and an agreement that will need to be reached
between the parties and the CSX Railroad to allow for an at -grade railroad crossing.
That agreement has yet to be negotiated or finalized. Further still, the parties
acknowledge that given the alignment of the constructed portion of Renaissance Drive,
all or a portion of the remainder of Renaissance Drive will be located on an adjoining
property owner's land. As of the execution of this Agreement, no right of way has been
dedicated to allow for the construction of said road and, as a result of the items
referenced above, both parties recognize that there will need to be flexibility in the
specifics and design of the completion of Renaissance Drive. Notwithstanding same, the
parties agree that the intent and purpose of Renaissance Drive will not be amended,
namely to provide a connection between Shady Elm Road and Valley Avenue/Route 11
C. The parties desire to finance the Project using funds that the Property Owner will
provide (the "Venture I Funds") with additional matching funds (the "Matching Funds")
to be provided by the Virginia Department of Transportation ("VDOT").
D. The Venture I Funds and the Matching Funds are sometimes hereinafter collectively
referred to as the "Project Funds."
v
9
NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of Ten
Dollars, ($10.00), cash in hand paid by each of the parties hereto unto the other, the
receipt and sufficiency of which is hereby acknowledged, the parties do agree as
follows:
1. RECITALS: The Recitals are made a material part hereof and incorporated herein by
reference as if set out in full.
2. THE PROJECT: The Venture I Funds and the Matching Funds shall be applied and
expended in order to construct the roadway noted in item B in RECITALS.
3. COUNTY RESPONSIBILITIES:
a. The County shall act as fiscal agent and project manager for the Project. The
County's responsibilities as fiscal agent and project manager shall include
management and oversight of all roadway design, construction, approvals
and permitting that have not been completed prior to execution of a project
management agreement between the County and VDOT.
b. The County shall issue an IFB for construction services within 180 days of
final plan approval by the Virginia Department of Transportation or within
180 days of full execution of this agreement, whichever is later and
contingent upon it being the appropriate season to bid a roadway
construction project.
c. The County shall provide the Property Owner with a budget estimate of
County Services in addition to the low bid prior to execution of a contract
with the low bidder.
d. The County shall enter into agreements, if necessary, with: utility
companies, VDOT, railroad companies, or unforeseen others as relate to the
Project.
e. As project manager, the County shall supervise all aspects of the Project,
which shall be done in accordance with applicable VDOT standards.
f. The County shall give written notice to the Property Owner of any
unforeseen design, engineering, construction, or environmental issues that
are encountered upon the Property within forty eight hours of discovery of
such issues. Thereafter, the County shall promptly provide written notice to
the Property Owner of the intended remediation measures and costs thereof
prior to commencement of such work. Such notice shall specify the
recommended remediation work which shall be verified and approved by the
County and shall further set forth the date upon which the remediation work
shall commence, which date shall be not less than five days after the date
that notice of the intended commencement of the remediation work is given
to the Property Owner. Following approval of this remediation work by the
Property Owner, or in the event that the Property Owner fails to object to
the remediation work within the five-day period referenced above, the
Property Owner shall provide payment of the additional funds through usual
and customary invoicing procedures. In the event that the Property Owner
objects to the remediation work during the five-day period referenced
above, then such dispute shall be submitted to a neutral engineering firm to
be agreed upon by the Property Owner and the County, whose decision shall
be final and binding upon the County and the Property Owner.
g. In the event that a mechanic's lien or other claim is filed against the Property
arising from or in connection with the Project, the County shall promptly
bond off any such mechanic's lien or claim with a portion of the Project
Funds, to the extent permissible under applicable law.
h. The County will make a good faith effort to procure the Matching Funds from
VDOT. In the event the County is unable to procure the Matching Funds
from VDOT, which results in a decision not to continue the project, any funds
provided by the parties hereto shall be returned to the respective parties, to
the extent not used for the Project, and the parties hereto shall have no
further obligations under this Agreement.
i. The County shall return all unspent Venture I Funds to the Property Owner at
the conclusion of the Project.
j. The terms of this Agreement shall apply until a railroad crossing agreement
has been finalized and right of way across Tax Parcel Number 75-A-1 and Tax
Parcel Number 74-A-68 has been provided by the owner of said parcels.
3
k. The County shall coordinate with the Property Owner to review and approve
all design work. Upon receipt of approval of all design work from the
Property Owner, the County shall enter into design contracts immediately.
Based upon the agreed upon and approved design work, the County will
begin construction on the Project. In no event shall construction begin
before the Property Owner has approved all design work for the Project,
such approval to be provided as quickly as practical and not to be
unreasonably withheld.
4. VENTURE I RESPONSIBILITIES:
a. After execution of this Agreement and after the right of way referenced
above has been secured and a railroad crossing agreement is finalized and in
place, the Property Owner shall pay to the County 50% of the estimated
design cost as provided by the County's design consultant. Actual costs,
including any additional amounts that exceed the estimate, will be due per
invoice from the County. Overpayments, if any, will be applied to the
construction portion of the project.
b. Upon the County receiving estimates for the fees of utility companies, VDOT,
railroad companies, or unforeseen others that will be required as part of
agreements with those entities, the Property Owner shall pay to the County
50% of the provided estimate. Actual costs, including any additional
amounts that exceed the estimate, will be due per invoice from the County.
Overpayments, if any, will be applied to the construction portion of the
project.
c. The Property Owner shall pay to the County 25% of the chosen bid prior to
the County awarding the construction contract. In addition, the Property
Owner shall provide a letter of credit or bond prior to award of the
construction contact. The amount of the bond or letter of credit will be the
amount of the chosen construction bid plus a 10% contingency minus the
state Matching Funds and the 25% prepayment. The remaining expected
funding needs will be invoiced at such time as 80% of the initial payment has
been expended.
4
d. The Property Owner shall provide full access to the Property for the purposes
of surveys, geotechnical work, or any other tasks related to design,
engineering, construction, and environmental needs of the Project.
e. The Property Owner shall provide all required right of way dedication,
permanent grading and drainage easements and temporary construction
easements to the County prior to the County award of the construction
contract. Costs for provision of these items will borne by the Property Owner
and not be reimbursable with matching funds.
f. The Property Owner shall pay all invoices from the County within 30 days.
g. The Property Owner shall cover 100% of all costs over and above the state
Matching Funds.
h. In the event that unforeseen costs are encountered, the Property Owner
agrees to expend such additional funds as are necessary in order to address
such reasonable unforeseen issues and the County agrees to match these
additional funds with the Matching Funds, if available.
5. NOTICES: All notices, demands, or other communications that may be necessary or
proper hereunder shall be deemed duly given if personally delivered, or when
deposited in the United States mail, postage prepaid, first class, registered or
certified, return receipt requested, addressed respectively as follows:
County: County of Frederick
Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
Attn: John A. Bishop AICP
With a copy to: County of Frederick
County Attorney
107 North Kent Street
Winchester, VA 22601
Attn: Roderick B. Williams, Esquire
Property Owner: Venture I of Winchester, LLC
c/o Gerald F. Smith, Jr., Manager
5
to 0
549 Merrimans Lane
Winchester, VA 22601
With a copy to: Thomas Moore Lawson, Esquire
Lawson and Silek, P.L.C.
P.O. Box 2740
Winchester, VA 22604
6. ENTIRE AGREEMENT; AMENDMENTS; TIME:
a. This Agreement constitutes the entire agreement of the parties and
supersedes any prior understandings, whether oral or written, of the parties
regarding the subject matter of the Agreement, and including as to the
particular means for implementation of Items 1.4 and 2.2 (through but not
including Items 2.2.1 and 2.2.2) of the Proffer Statement executed February
7, 2008, for Rezoning 08-07, and as may be amended and/or replaced by
subsequent proffer amendments and/or rezonings. No amendment to this
Agreement shall be effective unless made in writing and signed by both
parties.
b. Time is of the essence with respect to all matters set forth in this Agreement.
c. This Agreement shall be binding upon and the obligations and benefits
hereof shall accrue to the parties hereto and their successors and assigns.
7. GOVERNING LAW; VENUE: This Agreement shall be governed by and
interpreted according to the laws of the Commonwealth of Virginia and any dispute
hereunder shall be heard only in the Circuit Court of Frederick County, Virginia.
59
bf
WITNESS the following signatures and seals:
COUNTY OF FREDERICK, VIRGINIA
By (SEAL
VENTURE I OF WINCHES ER, LLC
~!/ / SEAL
I
By (SEAL)
11�• siP
ox)1'e •\ \
•
• \ BUFFER, LANDSCAPING,
\ & 10' ASPHALT TRAIL
LAND BAY 1
• o�CQ \ (Approx 17.00 acres)
•
0
2
80' R/W DEDICATION & ���•
CONSTRUCTION OF MINIMUM �•
1100' 2 LANE ROADWAY
B
TM 74-A-68
0
FUTURE SHADY ELM/ROUTE 11 CONNECTOR ROAD O
(EAST -WEST COLLECTOR ROAD) 0
LAND BAY 2 -
(Approx. 40.60 acres)
PO
�O
P
A RTIL L ER Y BUSINESS CENTER
GEiVE14AL IZED DEVEL OPIVENT PLAN
FREDERICK COUNTY, VIROINIA
SSING U \
r
�Ssl To
II
Pennant Associates, Inc.
117 E. Picadilly St. Winchester, Virginia 22601
VOICE: (5,10) 667-2139 FAX: (540) 665-0493
-Pennoni,'
PENNONI ASSOCIATESINC.
CONSULTING ENGINEERS
5 E P 2 5 2015
I F
September 25, 2015
Mr. John Bishop, AICP
Deputy Director, Transportation
Frederick County Planning and Development
107 N Kent Street, Suite 202
Winchester, VA 22601
RE: Artillery Business Center — Proffer Amendment Request
Dear Mr. Bishop,
Please find attached the following application materials for a proposed proffer amendment for
Artillery Business Center:
1) Application fee in the amount of $10,050 (base application fee plus sign deposit)
2) Rezoning application form
3) Power of Attorney form for NW Works Inc. (Please note that Venture I of Winchester, LLC
has signed the application form and proffers directly)
4) Statement of Justification
5) Proffer Statement dated September 24, 2015 including Generalized Development Plan and
associated Exhibits
6) Agency comments from VDOT and Frederick County Planning
7) Deeds, Plat showing site boundary, and Verification of Taxes Paid
If you have any questions, please feel free to contact me at (540) 667-2139.
Sincerely,
PENNON[ ASSOCIATES INC.
Patrick Sowers
Senior Project Engineer
117 East Piccadilly Street • Winchester, VA 22601 - Ph: 540-667-2139 • Fx: 540-665-0493
www.pennoni.com
.-pennon
PENNONI ASSOCIATES INC.
CONSULTING ENGINEERS
September 25, 2015
Mr. John Bishop, AICP
Deputy Director, Transportation
Frederick County Planning and Development
107 N Kent Street, Suite 202
Winchester, VA 22601
RE: Artillery Business Center — Proffer Amendment Request
Statement of Justification
Dear Mr. Bishop,
Please find attached the proposed proffer statement and associated generalized development plan
and exhibits for Artillery Business Center, comprised of two tax map parcels identified by Frederick
County records as 75-A-1 and 75-A-1 F (collectively, the "Property") totaling 57.6 acres zoned M-1
(Light Industrial). The Property is located east and adjacent to Shady Elm Road approximately
4,500 feet south of the intersection of Shady Elm Road and Apple Valley Drive. This proposed
amendment would modify the proffers approved by the Board of Supervisors on February 13, 2008
as part of Rezoning Application #07-08. A summary of the proposed modifications is as follows:
1) A $250,000 monetary contribution and a continuous right turn lane across the Shady Elm
Road frontage has been removed in favor of a commitment for the construction of
Renaissance Drive from its existing terminus to Shady Elm Road utilizing the revenue
sharing program. Ultimately, the Shady Elm Road entrance requirements will be subject to
VDOT review and approval at the site plan phase of development. The proposed proffer
reflects that the off -site portions of Renaissance Drive are dependent upon the availability of
off -site right of way and rights to an at grade railroad crossing.
2) The land bay boundaries have been modified to reflect the two existing tax map parcels that
form the Property and which are under separate ownership currently. Accordingly, we have
assigned proffered obligations to the respective land bay owners as opposed to using a
blanket "Applicant" for the entirety of the project.
3) Removed the proffer for right of way dedication along Shady Elm Road as this dedication
has already been completed.
4) Removed the proffered limitations on signage as the existing 2008 proffer statement
predates modifications made to the County's signage regulations.
5) The 5 year limitation on warehouse distribution facilities in excess of 200,000 square feet has
been removed as this requirement of the 2008 rezoning approval is now more than 7 years
old.
6) The requirement for a minimum of three end users for the site and the escalator clause for
monetary contributions has been removed.
The proposed proffer amendment seeks to implement Renaissance Drive from Route 11 to Shady
Elm Road as envisioned by the Comprehensive Plan, which is key to the long term success of the
business development type uses envisioned by the County in the area of Shady Elm Road, the
railroad, and Route 11. The proposed proffer amendment would help implement the long range land
use plans for Frederick County and also ensure that the Property is available for business
development uses that are critical for the continued success of Frederick County.
117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493
www.pennoni.com
Artillery Business Center September 25, 2015 Page 2
Proffer Amendment
If you have any questions or comments, please feel free to contact me at (540) 667-2139.
Sincerely,
PENN/O/N' II ASSOCIATES INC.
Patrick Sowers
Senior Project Engineer
PROPOSED PROFFER STATEMENT
REZONING: RZ. #
Light Industrial (fvi1) to Light Industrial (N11)
PROPERTY: 57.6 acres A-/-;
Tax 1\4ap Parcels 75-A-117.("Land Bay I ") and 75-A-1 ("Land Bay 2")
[collectively, the "Property"]
RE -CORD OWNER: NW Works, Inc. ("Land Bay I Owner");
�7enture I of Winchester, LLC ("Land Bay 2 Owner")
APPLICANTS: NIX/ Works, Inc. Luc Venture I of Winchester, LLC
PROJECT NAIv4E: Artillery Business Center
ORIGINAL DATE
OF PROFFERS: February 7, 2008
REVISION DATE(S): September 2, 2015; September 24, 2015
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions, which
shall supersede all other proffers that may have been made prior hereto. In the event ghat the above
referenced i\41 conditional rezoning is not granted as applied for by the applicant ("Applicant"),
these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which
is in effect on the day following the last clay upon which the Frederick County Board of County
Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court.
If die Board's decision is contested, and the Applicant elects not to submit development plans until
such contest is resolved, the term rezoning shall include the day following entry of a final court
order affirming the decision of the Board which has not been appealed, or, if appealed, die day
following xvlhich the decision has been affirmed on appeal. The headings of the proffers set forth
below have been prepared for convenience or reference only and shall not control or affect the
meaning or be taken as an interpretation of any provision of the proffers. The term "Land Bay 1
Owner" as referenced herein shall include within its meeting all future owners and successors in
interest for Tax 1\4ap Parcel 75-A-1 F. The term "Land Bay 2 Owner" as referenced herein shall
include within its meaning all future owners and successors in interests for Tax N 4ap Parcel 75-A-1.
When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled
"Generalized Development Plan, Arrillciy Business Center" dated February 6, 2007 revised August
14, 2015 (the "GDP"), and shall include the following:
Monetary Contribution
1.1 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$5,000.00 for fire and rescue purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted oil the GDP.
1.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
$2,500.00 for Sheriffs office purposes prior to issuance of a certificate of occupancy
for the first building constructed on Land Bay 2, as depicted on the GDP.
I of 5
Proffer Sotemew •
• Arlillery Business Center
1.3 The Land I3ay 2 Owner shall contribute to the County of Frederick the sum of
52,500.00 for general government: purposes prior to Issuance of a certificate of
occupancy for the first building constructed on Land Bay 2, as depicted on the GDP.
2. Site Develo-lment
2.1 Direct access to the Property from Shady 131n1 Road shall be limited to a maximum
of 2 entrances as shown on the GDP with entrance improvements subject to VDOT
review and approval. (Sec I on GDP).
2.2 "I'hc Land Bay 2 Owner shall design a future Bast -West Collector Road utilizing an
80 foot right of way as depicted on the GDP from Point A to Point 13 as a Rural 4
Lane Divided (R4D) cross section. The Land Bay 2 Owner sliall then dedicate 80
feet of right of way and construct die ultimate two westbound lanes of the Collector
Road for a nlinimunl of 1100 feet as shown from Point A to Point I3 on the GDP
upon any of the following conditions, whichever occurs first: (See 2 on GDP)
• Prior to issuance of a certificate of occupancy for any structure located in
Land Bay 2.
• Prior to issuance of a certificate of occupancy for an), structure located in
Land Bay 1 but with associated land area located in Land I3ay 2 as depicted
by site plan.
• Upon comnlencenlent of a railroad crossing as shown on the GDP for the
East-West Collector Road.
• Prior to December 31, 2020.
2.2.1 In die event that right of way at least 80' in width is niade available across
Tax Map Parcel 74-A-68 as generally depicted on the GDP from Point B to
Point C and Frederick County obtains the right to an at grade railroad
crossing and the Land Bay 2 Owner has entered into a revenue sharing
agreemelt witli Frederick County, which in turn has secured matching funds
With die State to allow for a cost share dollar -for -dollar match of State funds
to pay for the construction of the completion of Renaissance Drive (a copy
of the proposed revenue sharing agreement as signed by the Land Bay 2
Owner is attached as Exliibit A, or such other form of document as may be
agreed to bet-\veen the County and Land Bay 2 Owner), then the Land Bay 2
Owner shall design the Bast -West Collector Road as a Rural 4 Lane Divided
(R4D) cross section and construct the ultimate two westbouId lanes of die
roadway, including the at grade railroad crossing, from Point 13 to the
existing terminus of Renaissance Drive as shown on the GDP as Point D. If
the right of way across Tax Map Parcel 74-A-68 and rights to an at grade
railroad crossiIg arc made available prior to con-in-i lccriicnt of the design of
the East-West Collector Road from Point A to Point I3, then completion of
the design and construction of the roadway segment from Point B to Point
D and the railroad crossing shall be subject to the same triggers provided by
Proffer 2.2. Otherwise, design and construction of said improvements Shall
occur within 5 )'cars from the date that the right of way and rights to an at
grade railroad crossing arc made available. An alternative to the R4D cross
section for portions or all of the East-West Collector Road may be permitted
if desired and confirmed in writing by both Frederick County and the Land
Bay 2 Owner.
2of5
Proffer Slalemenl •
Arlillety Business Center
2.2.2 The Land Bay 2 Owner shall construct a maximum of two entrances on the
portion of the Bast -West Collector Road constructed by the Land Bay 2
Owner as shown on the GDP.
2.3 Within dieir respective land bays, Land I3ay 1 Oxvner and/or Land I3ay 2 Owner may
construct an internal access road, if necessary, to meet the requirements for lot
access as identified by �144-24C of the 1 mdmch, Conuly Corte, to seii,e the Property to
Virginia Department of Transportation standards with a minimum pavement width
of 26 feet, provided the), have obtained the prior written approval of the other Land
I3ay Owner. In the event that the internal access road traverses both Land Bay 1 and
Land Bay 2, the location of the internal access road shall be subject to written
approval of both the Land I3ay 1 Owner and Land Bay 2 Owner.
2.4 A geotcchnical analysis shall be prepared and submitted to I�rcdcrick County for any
structures prior to site plan approval.
2.5 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR).
Landscape Buffers, Hiker/Biker Facilities, & Additional Right of Way
3.1 Within the 25 foot parking setback between the proposed right. of ways for Shady
Elm Road and the Fast -West collector as required by § 165-202.01D(6)(c) of the
Fredei-ck Couq), Coyle, the Applicant shall construct a 10 foot asphalt trail to
Department of Recreation Standards. In addition, the Applicant shall provide a
densely planted landscape screen as depicted by attached Exhibit I3, as revised July
15, 2015, consisting of street trees planted 50 feet on center between the proposed
right of way and the asphalt: trail as well as a double row of evergreen trees with a
miiumum density of three plants per 10 linear feet and a minimum height of four
feet at tllne of planting located between the proposed trail and any parking areas.
4. Design Standards
4.1 Any buildung facade fronting Shady Elm Road or the proposed East-West Collector
shall be constructed of one or a combination of the following : cast stone, stone,
brick, architectural block, glass, wood, dry vit or stucco.
5. Historic Resources
5.1 The Land Bay 2 Owner shall complete a suivey documenting any historic structures
on the Property in general accordance with the guidelines established by the
Prchminary Information Dorm from the Department of Historic Resources. Any
documentation created as part of said survey shall be provided to Frederick County
Planning Staff and shall be completed prior to demolition of any historic buildings
located on the Property.
5.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of
5,000.00 for purposes associated with historic Star Fort prior to issuance of a
certificate of occupancy for the first building constructed on Land Bay 2.
SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S)
3 of 5
Proffer Statement •
0 Artillery Business Center
Venture I of Winchester, LLC
By: - ' -✓A ^
Date:����
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, I'o-wit:
-Nt
The foregoin instrument was acknowledged before me this d5 day of ,
2015, by 6CY01CI f Jr. WdMOU a fLkg (off Wincoe'rk-, i-L .
My commission expires
Notary Public
%l ' ..••.....�. rr
���� NOTARY �';�G'
? PUBLIC cN
REG # 7155256
MY COMMISSION;
n % EXPIRES
Z�?s,�•• 12/31120
4of5
i
Proffer Statement
Artillery Business Center
IOW Works, IIl
By:
Date:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY,'I'o-wit:
The for ing inst lnnent -\vas acknowledged before me this
2015, by M.f'. b �(,e � ir1
Aly commission expires I36 J �{
Notary Public
5 of 5
ZS-q) day of `' t"e r ,
Debbie Jenkins
Notary Public
Commonwealth of Virginia
Notary Reoi-f-lion #7593285
• 0
REVENUE SHARING AGREEMENT
THIS AGREEMENT, made and dated this _ day of _ 2015, is made by, between
and among the COUNTY OF FREDERICK, VIRGINIA (the "County"), a political subdivision of
Virginia, and VENTURE I OF WINCHESTER, LLC (the "Property Owner").
RECITALS:
A. The Property Owner is the owner of the following lots or parcels of land encompassed
by Frederick County rezoning #08-07: Tax Parcel Number 75-A-1, also known as 553
Shady Elm Road (the "Property").
B. The parties desire to arrange for the construction of a portion of a street, designated as
Renaissance Drive from the existing alignment of Renaissance Drive near its intersection
with Prosperity Drive and ending at an intersection with Shady Elm Road, generally
consistent with the alignment shown on the Generalized Development Plan approved as
part of Rezoning Number 08-07, approved by the County Board of Supervisors on
February 13, 2008 (the "Project"). The parties to this Agreement acknowledge that said
road and alignment is the subject of a proffer amendment, which either has been or will
be filed as of the date of the execution of this Agreement and which may adjust the
alignment of the aforementioned road. Further still, the parties acknowledge that there
is a required crossing of the CSX Railroad and an agreement that will need to be reached
between the parties and the CSX Railroad to allow for an at -grade railroad crossing.
That agreement has yet to be negotiated or finalized. Further still, the parties
acknowledge that given the alignment of the constructed portion of Renaissance Drive,
all or a portion of the remainder of Renaissance Drive will be located on an adjoining
property owner's land. As of the execution of this Agreement, no right of way has been
dedicated to allow for the construction of said road and, as a result of the items
referenced above, both parties recognize that there will need to be flexibility in the
specifics and design of the completion of Renaissance Drive. Notwithstanding same, the
parties agree that the intent and purpose of Renaissance Drive will not be amended,
namely to provide a connection between Shady Elm Road and Valley Avenue/Route 11
C. The parties desire to finance the Project using funds that the Property Owner will
provide (the "Venture I Funds") with additional matching funds (the "Matching Funds")
to be provided by the Virginia Department of Transportation ("VDOT").
D. The Venture I Funds and the Matching Funds are sometimes hereinafter collectively
referred to as the "Project Funds."
Exhibit A
P
NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of Ten
Dollars, ($10.00), cash in hand paid by each of the parties hereto unto the other, the
receipt and sufficiency of which is hereby acknowledged, the parties do agree as
follows:
1. RECITALS: The Recitals are made a material part hereof and incorporated herein by
reference as if set out in full.
2. THE PROJECT: The Venture I Funds and the Matching Funds shall be applied and
expended in order to construct the roadway noted in item B in RECITALS.
3. COUNTY RESPONSIBILITIES:
a. The County shall act as fiscal agent and project manager for the Project. The
County's responsibilities as fiscal agent and project manager shall include
management and oversight of all roadway design, construction, approvals
and permitting that have not been completed prior to execution of a project
management agreement between the County and VDOT.
b. The County shall issue an IFB for construction services within 180 days of
final plan approval by the Virginia Department of Transportation or within
180 days of full execution of this agreement, whichever is later and
contingent upon it being the appropriate season to bid a roadway
construction project.
c. The County shall provide the Property Owner with a budget estimate of
County Services in addition to the low bid prior to execution of a contract
with the low bidder.
d. The County shall enter into agreements, if necessary, with: utility
companies, VDOT, railroad companies, or unforeseen others as relate to the
Project.
e. As project manager, the County shall supervise all aspects of the Project,
which shall be done in accordance with applicable VDOT standards.
2
• 0
f. The County shall give written notice to the Property Owner of any
unforeseen design, engineering, construction, or environmental issues that
are encountered upon the Property within forty eight hours of discovery of
such issues. Thereafter, the County shall promptly provide written notice to
the Property Owner of the intended remediation measures and costs thereof
prior to commencement of such work. Such notice shall specify the
recommended remediation work which shall be verified and approved by the
County and shall further set forth the date upon which the remediation work
shall commence, which date shall be not less than five days after the date
that notice of the intended commencement of the remediation work is given
to the Property Owner. Following approval of this remediation work by the
Property Owner, or in the event that the Property Owner fails to object to
the remediation work within the five-day period referenced above, the
Property Owner shall provide payment of the additional funds through usual
and customary invoicing procedures. In the event that the Property Owner
objects to the remediation work during the five-day period referenced
above, then such dispute shall be submitted to a neutral engineering firm to
be agreed upon by the Property Owner and the County, whose decision shall
be final and binding upon the County and the Property Owner.
g. In the event that a mechanic's lien or other claim is filed against the Property
arising from or in connection with the Project, the County shall promptly
bond off any such mechanic's lien or claim with a portion of the Project
Funds, to the extent permissible under applicable law.
h. The County will make a good faith effort to procure the Matching Funds from
VDOT. In the event the County is unable to procure the Matching Funds
from VDOT, which results in a decision not to continue the project, any funds
provided by the parties hereto shall be returned to the respective parties, to
the extent not used for the Project, and the parties hereto shall have no
further obligations under this Agreement.
i. The County shall return all unspent Venture I Funds to the Property Owner at
the conclusion of the Project.
j. The terms of this Agreement shall apply until a railroad crossing agreement
has been finalized and right of way across Tax Parcel Number 75-A-1 and Tax
Parcel Number 74-A-68 has been provided by the owner of said parcels,
3
0 0
k. The County shall coordinate with the Property Owner to review and approve
all design work. Upon receipt of approval of all design work from the
Property Owner, the County shall enter into design contracts immediately.
Based upon the agreed upon and approved design work, the County will
begin construction on the Project. In no event shall construction begin
before the Property Owner has approved all design work for the Project,
such approval to be provided as quickly as practical and not to be
unreasonably withheld.
4. VENTURE I RESPONSIBILITIES;
a. After execution of this Agreement and after the right of way referenced
above has been secured and a railroad crossing agreement is finalized and in
place, the Property Owner shall pay to the County 50% of the estimated
design cost as provided by the County's design consultant. Actual costs,
including any additional amounts that exceed the estimate, will be due per
invoice from the County. Overpayments, if any, will be applied to the
construction portion of the project.
b. Upon the County receiving estimates for the fees of utility companies, VDOT,
railroad companies, or unforeseen others that will be required as part of
agreements with those entities, the Property Owner shall pay to the County
50% of the provided estimate. Actual costs, including any additional
amounts that exceed the estimate, will be due per invoice from the County.
Overpayments, if any, will be applied to the construction portion of the
project.
c. The Property Owner shall pay to the County 25% of the chosen bid prior to
the County awarding the construction contract. In addition, the Property
Owner shall provide a letter of credit or bond prior to award of the
construction contact. The amount of the bond or letter of credit will be the
amount of the chosen construction bid plus a 10% contingency minus the
state Matching Funds and the 25% prepayment. The remaining expected
funding needs will be invoiced at such time as 80% of the initial payment has
been expended.
2
• 0
d. The Property Owner shall provide full access to the Property for the purposes
of surveys, geotechnical work, or any other tasks related to design,
engineering, construction, and environmental needs of the Project.
e. The Property Owner shall provide all required right of way dedication,
permanent grading and drainage easements and temporary construction
easements to the County prior to the County award of the construction
contract. Costs for provision of these items will borne by the Property Owner
and not be reimbursable with matching funds.
f. The Property Owner shall pay all invoices from the County within 30 days.
g. The Property Owner shall cover 100% of all costs over and above the state
Matching Funds.
h. In the event that unforeseen costs are encountered, the Property Owner
agrees to expend such additional funds as are necessary in order to address
such reasonable unforeseen issues and the County agrees to match these
additional funds with the Matching Funds, if available.
5. NOTICES: All notices, demands, or other communications that may be necessary or
proper hereunder shall be deemed duly given if personally delivered, or when
deposited in the United States mail, postage prepaid, first class, registered or
certified, return receipt requested, addressed respectively as follows:
County; County of Frederick
Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
Attn: John A. Bishop AICP
With a copy to: County of Frederick
County Attorney
107 North Kent Street
Winchester, VA 22601
Attn: Roderick B. Williams, Esquire
Property Owner: Venture I of Winchester, LLC
c/o Gerald F. Smith, Jr., Manager
14
9
•
549 Merrimans Lane
Winchester, VA 22601
With a copy to: Thomas Moore Lawson, Esquire
Lawson and Silek, P.L.C.
P.O. Box 2740
Winchester, VA 22604
6. ENTIRE AGREEMENT; AMENDMENTS; TIME:
a. This Agreement constitutes the entire agreement of the parties and
supersedes any prior understandings, whether oral or written, of the parties
regarding the subject matter of the Agreement, and including as to the
particular means for implementation of Items 1.4 and 2.2 (through but not
including Items 2.2.1 and 2.2.2) of the Proffer Statement executed February
7, 2008, for Rezoning 08-07, and as may be amended and/or replaced by
subsequent proffer amendments and/or rezonings. No amendment to this
Agreement shall be effective unless made in writing and signed by both
parties.
b. Time is of the essence with respect to all matters set forth in this Agreement.
c. This Agreement shall be binding upon and the obligations and benefits
hereof shall accrue to the parties hereto and their successors and assigns.
7. GOVERNING LAW; VENUE: This Agreement shall be governed by and
interpreted according to the laws of the Commonwealth of Virginia and any dispute
hereunder shall be heard only in the Circuit Court of Frederick County, Virginia.
C
• •
WITNESS the following signatures and seals:
COUNTY OF FREDERICK, VIRGINIA
By (SEAL)
VENTURE I OF WINCHE TER, LLC
i
SEAL
By (SWn)d F. Emil+), Jr• (SEAL)
I�ar�aQer
SHADY ELM ROAD
3' HEDGEROW AS REQUIRED PER 165-202.01D(13)(0)
3 TREES PLANTED PER 10 LINEAR fM'
(EVERGREEN)
PARIfIA'G AREA
10' ASPHALT TRAIL
STREET %BEES 50'
ON CENTER
10 ' R/11' DEDICATION (COMPLETED) &
ENTRANCE IMPROVAENTS
EXISTING SHADY ELAI ROAD (40' R/R)
PARKING SETBACK (MINIMUM)
N07C•
S7PRET TREES AND LANDSCAPE SCREEN
(3 7REES PER 10 LINEAR EEE7) PROVIDED
IN ADDl77ON TO ANY LANDSCAPING
077IERlf'ISE' REQUIRED BY ORDINANCE
EAST —WEST COLLECTOR ROAD
3' HEDCEROIJ' AS REQUIRED PER I65-2020ID(13)(0)
3 TREES PLANTED PER 10 LINEAR FEET
(EVERGREEA') ,
PARKING AREA
0
� 2
IO' .ASPHALT >TRAIL
60' R/11' DEDIC 17'ION &
ROAD COn'STRUC770N
N
STREET TREES 50'
S
ON CENTER
(
—25' PARKING 5L'7VACK (AIINIAIUM)
3
O7E.
MEET 77REES AND LANDSCAPE SCREEN
77REES PER 10 LINEAR 177 ET) PROVIDED
' ADDI77ON TO ANY LANDSCAPING
OI'HERIYISE REQUIRED BY ORDINANCE
ARTILLERY BUSINESS CENTER Pennoni Associates, Inc.
� v C
Cn �, EXHIS1T B 117 E. Picadilly 'I. Winchester, Virginia 22601
VOICE: (540) 667-2139 FAX: (540) 665-0493
V EREDERICK COUNTY, VIRGINIA
•
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
September 24, 2015
Patrick Sowers
Pennoni Associates Inc.
117 E. Piccadilly Street
Winchester, VA 22601
RE: Artillery Business Center — Proffer Amendment Request
Dear Mr. Sowers:
Thank you for the opportunity to review your proffer amendment request for the Artillery
Business Center. Please consider the following bullets as my feedback on this draft.
1. Regarding the shift of the cash proffer for transportation and the Shady Elm lane
improvements to the revenue sharing partnership to complete Renaissance Drive
from its existing terminus to Shady Elm. I think this is a good adjustment.
2. I am not supportive of removal of the current proffer to secure right-of-way across
the Carbaugh trust property.
3. The draft revenue sharing agreement attached to the proffer has issues for the
County which is being relayed through the County Attorney and is not acceptable
in its current form.
4. The draft proffers offer to enter into a revenue sharing agreement but they are less
clear as to the implications if the agreement should not be entered into. I would
suggest considering a limitation of 1 building permit prior to execution of the
revenue sharing agreement.
Thank You;
John A. Bishop, AICP
Deputy Director -Transportation
JAB/dlw
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
0 •
Patrick Sowers
From: Funkhouser, Rhonda (VDOT) <Rhonda.Fun khouser@VDOT.Virginia.gov> on behalf of
Ingram, Lloyd (VDOT)<Lloyd.Ingram@VDOT.virginia.gov>
Sent: Friday, September 25, 2015 12:58 PM
To: Patrick Sowers
Cc: 'John Bishop; mruddy@fcva.us; Smith, Matthew, P.E. (VDOT); Ingram, Lloyd (VDOT)
Subject: Artillery Business Center - VDOT Comments to Proffer Amendment
The documentation within the application to rezone this property appears to have a significant
impact on Route 651 (Shady Elm Road). This route is the VDOT roadway which has been considered
as the access to the property referenced.
VDOT is not satisfied that the transportation proffers offered in the Artillery Business Center
rezoning application dated September 2, 2015 address transportation concerns associated with this
request.
• The existing approved Artillery Business Center rezoning, dated February 7, 2008, is superior
in addressing the future transportation needs of both Shady Elm Road and the extension of
Renaissance Drive.
• A proffer is not required for the applicant to apply for Revenue Sharing funds to fulfill the
required transportation improvements.
If you wish to discuss these comments, please contact me.
Lloyd A. Ingram I _and Gevetopmeni Er:grneer
Virginia Department of Transportation
-reaer,LK, Sl,enanacar S. ^Darren Counties
es
Old Valley Pike
Edinburg, VA 22824
voice: 540j984-5611
fax: 5401984-5607
e- aii Lloyd.Ingram(abvdot.virginia.gov
7563-8242
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THIS DEED, made and dated this 27" day of December, 2006 by and between
KATHERINE B. PERRY, Trustee for the Maurice W. Perry Trust, under Trust
Agreement dated October 12, 1990, and EVELYN L. PERRY, Executrix of the Estate of
Garland E. Perry, and as Trustee of Trust A and as Trustee of Trust B, hereinafter called
the Grantors, and VENTURE I OF WINCHESTER, LLC, a Virginia Limited Liability
Company, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash
in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the
Grantors do grant and convey, with Special Warranty, unto the Grantee, in fee simple, together
with all rights, rights of way, privileges improvements thereon and appurtenances thereto
belonging, all of the following realty:
All of that certain tract or parcel of land situated about five (5) miles Southwest of
Winchester in Shawnee Magisterial District, Frederick County, Virginia, on the
East side of Shady Elm Factory Road, containing sixty (60) acres, more or less.
LESS AND EXCEPT a small portion thereof conveyed to the Commonwealth of
Virginia for the improvement of Virginia Secondary Highway No. 651 by Deed
dated October 30, 1963 of record in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia, in Deed Book 296, at Page 93. AND BEING die
same property conveyed to Katherine B. Perry, Trustee for the Maurice W. Perry
Trust, under Trust Agreement dated October 12, 1990 by Deed from Katherine B.
Perry, Executor under the Last Will and Testament of Maurice W. Perry,
Deceased, dated October 12, 1990 and duly probated in the Office of the Clerk of
the Circuit Court for the City of Winchester, Virginia, as Instrument Number
WF040000032 by Deed dated June 15, 2004 of record in the Office of the Clerk
of the Circuit Court of Frederick County, Virginia, as Instrument Nurnber
040011492 which was an one-half ('/z) interest of the subject property, the other
one-half (%:) interest was conveyed to Garland E. Perry by Deed from J. Frederick
Larrick and William M. Mote, Special Commissioners, dated January 12, 1971 of
record in the Office of the Clerk of the Circuit Court of Frederick County,
Ci
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Virginia, in Deed Book 372, at Page 608. The said Garland E. Perry died testate
on June 4, 2006, and his Will is of record in the Office of the Clerk of the Circuit
Court for the City of Winchester, Virginia, as Instrument Number 2006-79.
Under Article VII of said Will, the said Garland E. Perry nominate and appoint his
wife, Evelyn L. Perry as Executrix. Under Article III of said Will, the said
Garland E. Perry devised and bequeath his one-half (%) undivided interest in the
aforesaid subject property to Trustee of Trust A. Reference is hereby made to the
aforesaid instruments and the references contained therein for a further and more
particular description of the property conveyed herein.
This conveyance is made subject to all legally enforceable restrictive covenants and
easements of record affecting the aforesaid realty.
The Grantors do hereby covenant that they have the right to convey to the Grantee; that
the Grantee shall have quiet and peaceable possession of the said property, free from all liens and
encumbrances; and they will grant such further assurances of title as may be requisite.
WITNESS the following signature and seal:
KATHERiNE B. PERRY,TrustW for the Maurice
W. Perry Trust, under Trust Agreement dated
October 12, 1990
VELY L. PE 2Y, Ex&utTrx of the Estate of
Garland E. Perry and Trustee of Trust A and as
Trustee of Trust B
STATE OF VIRGINIA
COUNTY OF FREDERICK, To -wit:
I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do
hereby certify that Katherine B. Perry, Trustee for the Maurice W. Perry Trust, under Trust
i
Agreement dated October 12, 1990 whose name is signed to the foregoing Deed, dated this 27""
day of December, 2006 has personally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this 27" day of December, 2006.
My commission expires: 12/31/08, z M
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Notary PuAic
STATE OF VIRGINIA
COUNTY OF FREDERICK, To -wit:
1, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do
hereby certify that Evelyn L. Perry, Executor of the Estate of Garland E. Perry and Trustee of
Trust A and Trust B whose name is signed to the foregoing Deed, dated this 27T" day of
December, 2006 has personally appeared before me and acknowledged the same in my State and
jurisdiction aforesaid.
Given under my hand this 27T" day of December, 2006.
My commission expires: 12/31/08.�
{ Notary is
:L E
+' • VIRGMA.- FREDERICK COUNTY.SCT.
This instrument of wn iting was produced to me on
��a•aa, ��� at /1 '02
and with certificate acknowled;ement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
o�
$1'15D• , and 58.1-801 have been paid, if asse3ssable.
�`'� , Clerk
7563-8698
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080005981.
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THIS DEED, made and dated this 16th day of May 2008, by and between VENTURE I OF
WINCHESTER, L.L.C., a Virginia Limited Liability Company, hereinafter called the Grantor,
and NW WORKS, INC., a Virginia Corporation, hereinafter called the Grantee.
WITNESSET14: That for and in consideration of the sum of Ten Dollars ($10.00), cash in
hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor
does grant and convey, with Special Warranty ofTitle, unto the Grantee, in fee simple, together with
all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all
of the following realty:
All of that certain tract or parcel of land situated about five (5) miles Southwest of
Winchester in glrntmee Magisterial District, Frederick County, Virginia, on the East
side of Shady Elm Factory Road, designated as Lot 1, containing seventeen (17.0000)
acres, more or less, as shown on a subdivision plat entitled "Final Plat Shady Elm
Subdivision, Back Creek Magisterial District, Frederick County, Virginia" prepared
by Kirk W. Norton, L.S., dated April 18, 2008, attached to the Deed of Dedication
and Declaration dated May 16, 2008, and recorded immediately prior to this
instrument. AND BEING a portion of the property conveyed to Venture I of
Winchester, LLC, a Virginia limited liability company, by Deed from Katherine B.
Perry, Trustee for the Maurice W. PerryTrust, under Trust Agreement Dated October
12, 1990, and Evelyn L. Perry, Executrix of the Estate of Garland E. Perry, and as
Trustee of Trust A and as Trustee of Trust B, dated December 27, 2006, of record in
the Office of the Clerk of the Circuit Court of Frederick County, Virginia as
Instrument Number 060024270. Reference is hereby made to the aforesaid
instruments and the references contained therein for a further and more particular
description of the property conveyed herein.
tA4Qe Q,r--�
IIThis conveyance is made subject to all legally enforceable restrictive covenants and
easements of record affecting the aforesaid realty.
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WITNESS the following signature and seal:
VENTURE I OF WINCHESTER, L.L.C., a Virginia Limite(
Liability Company
AA-4AA61AI6- /UPJ sOAL)
Ff. PAIGE MANUEL, Manager
STATE OF VIRGINIA
COUNTY OF FREDERICK, To -wit:
1, Leona A. Winger, a Notary Public in and for the State and jurisdiction aforesaid, do hereby
certify that H. Paige Manuel, as Manager and a duly authorized officer of Venture I of Winchester,
L.L.C., a Virginia Limited Liability Company, whose name is signed to the foregoing Deed, dated
this 16'h day of May, 2008, has personally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this 16' day of May 2008.
My commission expires May 31, 2010.
„��nnrrrrr
Q,0,� NOTARY
Pusuc 9 _ NotTy Fub c
* REG. #7051481 ••
my COMMON V9ZGINIA:FREDERICKCOUNTY.SCT.
EXPIRES • , his instrument of Meriting wms produced tome on
"""""'" and «idi rrrutir;nr acknurcicdeemcnt thereto annexed
uas adnuurd io rra)rd. Tax ingxncd by Scc. 58.1-802of
tlp.
S , and 58.1-&)((rave been paid, if assessable.
4416et ��/`� ,perk
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VICINITY MAP
SCALE: 1' 2000'
APPROVED BY:
FREDERIC,KG C TY SUBDIVISION ADMI7ST
AOR (DATE)
c —
VIRGINIA EP T A PORTATION
EDERICK COUNTY SANITATION AUTHORITY (DATE)
OWNER'S CONSENT:
THE FOREGOING SUBDIVISION AND DEDICATION OF RIGHT OF WAY AND EASEMENTS ON AND THROUGH THE
PROPERTY OF VENTURE I OF WINCHESTER, LLC AS HEREIN DESCRIBED AND SHOWN, IS WITH THE FREE CONSENT
AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY.
VV'ej ZIA6 L c' i�J l (fu4 ref , Li -C
Aq z C) fl
(DATE)
PRINTED NAME do TITLE LILA M. TRIPLETT
NOTARY PUBLIC
NOTARY PUBLIC Commonwealth
#335897irginia
STATE OF My Commission Expires Aug. 31. 2011
NTY OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ZOD� BY
e (DATE)
MY COMMISSION EXPIRES
(NOTARY PUBLIC) (DATE)
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY THAT HAVE SURVEYED THIS PROPERTY ON THE GROUND; THAT THIS PLAT IS CORRECT
TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF: AND THAT PROPERTY CORNERS MONUMENTED
AS SHOWN,
,,�p,LTH 0,0 FINAL PLAT
SHADY ELM SUBDIVISION
A�, K IfNSTGWN MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: AS SHOWN DATE: APRIL 18. 2008
256 Patton Harris Rust & Associates
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Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street
CA,� 104 Winchester, Virginia 22601
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r/. SHAD 651 �� 1.0738 AC HEREBY �
VIRGINI� RR) Q� DEDICATED FOR PUBLIC
DB(29b pG 93 EXISTING EDG OF PA��STREET PURPOSES
74-A-68
HENRY J. CARBAL
TRUSTEE
INST #070000157
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AREA TABULATION:
Lip 209.91�> b 'L9
Li4_ f�75 8RL p 6.20 75 18
BRRP�
C3
I 1 NI �1
N44'40'4Ell
`N 1
48.79to
1 N
1
N51'22'35'W
1 118.54' EXISTING
I DWELLING
S4.4'40'4
81.58' LOT 1
~O 17.0000 AC a n
1 0 01
iv w a 1 I a
lm
a11m �1
NIIN N
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�W —0.a
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25'LJ�7
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REMAINDER OF m
11 75-A-1 N1
40.6035 AC
1 I
I l
N 1
N
I O
1 1
L 1
S4 3p6160•w S41'49'05-W— —
450.00' S4214'-
461.59'
OLD 75—A-1
FCSA OUTLOT
RIGHT OF WAY DEDICATED
FOR PUBLIC STREET PURPOSES
NEW LOT 1
58.7140 AC
—0.0367 AC
—1.0738 AC
—17.0000 AC
REMAINDER 75—A-1 40.6035 AC
75-A-IA
N/F
SYNERGY
INVESTMENTS, LLC
INST 104-0011862
75-A-1D
N/F
FVC PROPERTIES, INC.
INST #040017077
75-A-IE - -
N/F
FVC PROPERTIES, INC.
INST j010009679
75-A-18
N
FVC PROP RTIES, INC.
DB 896, PC 1326
75-A-IC
N F
CORRUGATE CONTAINER
CORP.
DB 729, PC 929
FCSA OUTLOT
0.0367 AC
(SEE SHEET 4)
CSX TRANS PphTA�10N INC. POB
Wr
%P V0, 4 INST
36,
�L,TH OF
GRAPHIC SCALE lgyD 0`�'
0 150 300 6(1)0SUR
( IN FEET )
1 inch = 300 ft.
REVISED: MAY 9, 2008
FINAL PLAT
SHADY ELM SUBDIVISION
0ERN2T0WN MAGISTERIAL DISTRICT
FREDERICK COUNTY, MRGINIA
SCALE: 1' - 300' DATE: APRIL 18, 2008
Patton Harris Rust & Associates C?
Engineers, Surveyors. Planners. Landscape Architects. a
East Piccadilly I
.-}- Winin 22601chester, Virginia 226p1 ?
T 540.667.2139
F 540.665.0493 SHEET 2 OF 4
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STREET PURPOSES
209.915� L9
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&
75-A-1A
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DRN
3 Un ESMT
.�rlil3
30' INVESTMENTS, LLC
WA T1 R� M& N INST J040011862
N44'40'42'E 20' DRN ESMT-
48.79'
10,
-10'
N51'22'35'W---,
118.54'
S44'40'45'W
81.58'
74-A-68 111'a� ~
N
HENRY JNCARBAUGH, Io W
TRUSTEE `r N ti
INST 0070000157 C4.-
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75-A-1D
L25 C4 C5
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INST 1040017077
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DWELLING
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m
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30' SLOPE.
//�
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08 896. PG 1326
DRN
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in
REMAINDER OF
75-A-IC
75—A-1
N
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40.6035 AC
1.0.
CORP.
-ij —
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DB 729, PG 929
H
it
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Access
Cl ESMT
L22 0
S42.O6,50 w , —.1 � ` � FCSA OUTLOT
235.16. S41'49,05'ty 0.0367 AC
450.00' S4214.3p• (SEE SHEET 4)
461.59,----__.
CSX TRANSPORTg71pN INC INSwA ERES�Mr
(SEE NOTE 4) T rOg_
MAP V08636
GRAPHIC SCALE
0(� 150 300
IN FEEL' )
I inch = 300 fL
0 PHR+A 2008
REVISED: MAY 9, 2008
FINAL PLAT
_ 3.---i
SHADY ELM SUBDIVISION
[,f.,
-► eRMST0N41 MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1' - 300' DATE: APRIL 18, 2008
Patton
c�
Harris Rust 8 Associates o
Engineers.
Surveyors. Planners. Landscape Architects.
East Piccadilly Street I
�i
Win
-}- Winchester, Virginia 22601
,
T 540.667.2139
F 540.665.0493 SHEET 3 OF 4 vw
w
REMAINDER OF
75-A-1
40.6151 AC
�I
30' SEWER &
WATER ESMT
L20
III5', 1
57' SEWER &
WATER ESMT
L19
CE 20' ACCESS
ESMT
Mm=
�L22� 'o '0.i11
25. BRL N
S42'14'30W" ` �'�
461.59'
NOTES:
I ,
=25' BRL
CSX TRANSNF
PORTATION INC.
(SEE NOTE 4)
MAP V08636
1. FREDERICK COUNTY PIN #'75—A-1,
ZONED: M1 (REF RZ#08-07). CURRENTLY
IN THE NAME OF VENTURE I OF
WINCHESTER, LLC. (INST #06G024270)
2. BOUNDARY & MERIDIAN ARE BASED ON
A CURRENT FIELD RUN SURVEY BY
PHR+A ON PARCEL #75—A-1.
3. THIS PLAT WAS PREPARED WITHOUT
BENEFIT OF A TITLE REPORT.
4. REFERENCE IS HEREBY MADE TO THE
'RIGHT—OF—WAY AND TRACK MAP, THE WINCHESTER
AND STRASBURG RAILROAD COMPANY" (ORIGINAL
DATE JUNE 30, 1918) AS REVISED, FILE NUMBERS
V08636 & V08637 (V-32.1/3&4) PROVIDED BY CSX
REAL PROPERTY, INC. GIS DEPARTMENT AND
REVIEWED IN CONJUNCTION WITH PREPARATION OF
THIS PLAT.
5. FCSA OUTLOT HEREBY CONVEYED TO FREDERICK
COUNTY SANITATION AUTHORITY IN FEE SIMPLE.
6. PERMANENT MONUMENTATION WILL BE SET AT
ALL LOT CORNERS IN COMPLIANCE WITH
COMMONWEALTH OF VIRGINIA AND LOCAL
REGULATIONS.
REVISED: MAY 9, 2008
CURVE TABLE
IS
DELTA
LENGTH
TANGENT
BEARING
86'31'54"
90.62'
56.47'
N85-20-21"E
35'40'24"
4 90'
12.87'
N24'14'12"E
Y
32*13'24"
2.50'
11.55'
N22'30'42"E
'3'
22'33'01'
83.53'
42.31'
N32'13'16"E
2'
40'39'36
81.06'
42.32'
S4116.33"W
26'
9'04'37`
201.24'
100.83'
S66'08'39"W
0'
16'S7'"
266.11' 1
134.04'
S35'35'34"W
GRAPHIC SCALE
0 25 50 100
( IN FEET )
I Inch - 60 fL
D
0� 1l Cn
'
o N
75-A-IC
N /F
CORRUGATED
CONTAINER CORP.
DB 729, PG 929
FCSA OUTLOT
0.0367 AC
101 (SEE NOTE 5)
LINE TABLE
LINE
BEARING
LENGTH
L1
7' 5'39"E
L2
N 7-06-46"E
L3
N 0'02"E
1
L4
"E
L5
N44'11'58"E
L6
44'04' 2" E
L7
N44'42'33"E
1
LB
S44'4 '33"W
1
L9
S44'04' 2"W
6 '
L13
S27-06.46-W
7 1'
L14
S27-45-39"W
0'
L15
N38'37' "
L16
S51' 2'35"E
4 ,
L17
S38'37' 5"W
4
L18
N51'22'35'W
40. '
L19
S38'37'25"W
4 .
L20
S51-22-35"E
9
L21
S51' 3'41" E
L22
N42'04'24"E
1 '
L23
N06'24'00'E
4 '
L24
N38'37'25"E
93'
L25
N43'29'46'E
183.16'
L26
N70'40'57'E
120.82'
''N.H of
�2.99'
FINAL PLAT
9.37' 5-
[SHADY ELM SUBDIVISION
31.03'
ru AGISTERIAL DISTRICT
55.14'
FREDERICK COUNTY, VIRGINIA
SCALE: 1" — 50' DATE: APRIL 18, 2008
c�
Patton Harris Rust & Associates o
Engineers. Surveyors. Planners. Landscape Architects. n
117 East Piccadilly Street I
01
Fh-
Win
-{- Winchester, Virginia 22601
T 540.667.2139 I
4.
F 540.665.0493 SHEET 4 Of 4 w
0 PHR+A 2008
Frcdcrick Flomr.
Payment Home Personal Property Real Estate
Dept/Ticket# RE2015 / 405330001
Name VENTURE I OF WINCHESTER LL
Name 2 C/O GERALD F SMITH JR
Address 549 MERRIMANS LN
WINCHESTER VA
Zip 22601 6207
Virginia
5 ay �L o,� 911tp R a es
Dog Tags Pay Parking Violation Other Payments
Real Estate Ticket Detail
Previous
2015 REAL ESTATE
.Frequency 1
C Map# 75 A 1
Bill Date 04/14/2015
Due Date 06/05/2015
Dese 40.60 ACRES
ShoppingCart(0) Pin Options Change Email
Supplement# 0
Account# 8024052
Acreage
40.600
Improvements
$0.00
Land Value
S1,857,000.00
Land Use
$0.00
Minerals
$0.00
Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 06/09/2015
Current Payment Status
Original Bill Payments Principle Balance Due Penalty Interest Balance Due
S5,199.60 ($5,199.60) $0.00 $0.00 $0.00 $0.00
Transaction History
Date Type Transaction# Amount Balance
4/14/2015 Charge 0 S5,199.60 S5,199.60
6/8/2015 Principle Paid 15710 (S5,199.60) S0.00 `
`Previous
0
Eric Lawrence
From: Wayne Corbett
Sent: Monday, September 28, 2015 3:43 PM
To: Eric Lawrence
Subject: RE: taxes paid confirmation
75-A-1 is current and 1F is tax exempt
COUAM' tof FRFUF.RICK
Ofte of Treawter
PO But 225
ftw-twster. VA 22W4 R. VftjM CwWL M ODT
101 ►t. sere Sc. sime 100
Phm*: 6404% AW-I woevfe' 0p"MAS
Part 560 662a4m
tr. A +Grsr-10ko.1NN+Ch.%0 w
From: Eric Lawrence
Sent: Monday, September 28, 2015 3:37 PM
To: Wayne Corbett
Subject: taxes paid confirmation
Wayne -
I have a rezoning application for 75-A-1F (NW Works) and 75-A-1 (Venture I of Winchester). Please confirm that the
properties are good standing with your office. Thanks.
-Eric
Eric R. Lawrence, AICP
Director
Department of Planning and Development
County of Frederick
107 N. Kent Street
Winchester, Virginia 22601
540-665-5651
elawrenc@fcva.us
www.FCVA.us/Planning
1
Frederick Home
Virginia
Pay/Lookup T2, Kes
Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email
Real Estate Ticket Detail
Previous
2015 REAL ESTATE
Dept/Ticket# RE2015 / 405330001 Frequency 1 Supplement# 0
Name VENTURE I OF WINCHESTER LLC Map# 75 A 1 Account# 8024052
Name 2 C/O GERALD F SMITH JR Bill Date 04/14/2015 Acreage
Address 549 MERRIMANS LN Due Date 06/05/2015 Improvements
WINCHESTER VA Desc 40.60 ACRES Land Value
Zip 22601 6207
Penalty Paid
Original Bill
S5,199.60
Date
4/14/2015
6/8/2015
S0.00
Payments
($5,199.60)
Interest Paid $0.00
Current Payment Status
Principle Balance Due Penalty
S 0.00
Transaction History
Type Transaction#
Charge 0
Principle Paid 15710
i Previous
Land Use
Minerals
Last Transaction Date 06/09/2015
40.600
$0.00
$1,857,000.00
$0.00
$0.00
Interest Balance Due
$0.00 $0.00 $0.0010
Amount Balance
S5,199.60 $5,199.60
(S5,199.60) $0.00
7563-8242
EBY/cmj
z 3
060024�,�0 Cl)
THIS DEED, made and dated this 27" day of December, 2006 by and between
KATHERINE B. PERRY, Trustee for the Maurice W. Perry Trust, under Trust
Agreement dated October 12, 1"0, and EVELYN L. PERRY, Executrix of the Estate of
Garland E. Perry, and as Trustee of Trust A and as Trustee of Trust B, hereinafter called
the Grantors, and VENTURE I OF WINCHESTER, LLC, a Virginia Limited Liability
Company, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash
in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the
Grantors do grant and convey, with Special Warranty, unto the Grantee, in fee simple, together
with all rights, rights of way, privileges improvements thereon and appurtenances thereto
belonging, all of the following realty:
All of that certain tract or parcel of land situated about five (5) miles Southwest of
Winchester in Shawnee Magisterial District, Frederick County, Virginia, on the
East side of Shady Elm Factory Road, containing sixty (60) acres, more or less.
LESS AND EXCEPT a small portion thereof conveyed to the Commonwealth of
Virginia for the improvement of Virginia Secondary Highway No. 651 by Deed
dated October 30, 1963 of record in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia, in Deed Book 296, at Page 93. AND BEING the
same property conveyed to Katherine B. Perry, Trustee for the Maurice W. Perry
Trust, under Trust Agreement dated October 12, 1990 by Deed from Katherine B.
Perry, Executor under the Last Will and Testament of Maurice W. Perry,
Deceased, dated October 12, 1990 and duly probated in the Office of the Clerk of
the Circuit Court for the City of Winchester, Virginia, as Instrument Number
WF040000032 by Deed dated June 15, 2004 of record in the Office of the Clerk
of the Circuit Court of Frederick County, Virginia, as Instrument Number
040011492 which was an one-half ('/2) interest of the subject property, the other
one-half (%2) interest was conveyed to Garland E. Perry by Deed from J. Frederick
Larrick and William M. Mote, Special Commissioners, dated January 12, 1971 of
record in the Office of the Clerk of the Circuit Court of Frederick County,
Virginia, in Deed Book 372, at Page 608. The said Garland E. Perry died testate
on June 4, 2006, and his Will is of record in the Office of the Clerk of the Circuit
Court for the City of Winchester, Virginia, as Instrument Number 2006-79.
Under Article VII of said Will, the said Garland E. Perry nominate and appoint his
wife, Evelyn L. Perry as Executrix. Under Article 111 of said Will, the said
Garland E. Perry devised and bequeath his one-half (%:) undivided interest in the
aforesaid subject property to Trustee of Trust A. Reference is hereby made to the
aforesaid instruments and the references contained therein for a further and more
particular description of the property conveyed herein.
This conveyance is made subject to all legally enforceable restrictive covenants and
easements of record affecting the aforesaid realty.
The Grantors do hereby covenant that they have the right to convey to die Grantee; that
the Grantee shall have quiet and peaceable possession of the said property, free from all liens and
encumbrances; and they will grant such further assurances of title as may be requisite.
WITNESS the following signature and seal:
VJ
zf 1 �.�� . _%U_kV_1E3L)
KATHERINE B. PERRY,Trustor the Maurice
W. Perry Trust, under Trust Agreement dated
October 12, 1990
4VEIL�YL.PE ZY, E,,tr �®rflie Estat,f
Garland E. Perry and Trustee of Trust A and as
Trustee of Trust B
STATE OF VIRGINIA
COUNTY OF FREDERICK, To -wit:
I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do
hereby certify that Katherine B. Perry, Trustee for the Maurice W. Perry Trust, under Trust
Agreement dated October 12, 1990 whose name is signed to the foregoing Deed, dated this 27`"
day of December, 2006 has personally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this 27" day of December, 2006.
My commission expires: 12/31/08. Z
Notary Pt is
STATE OF VIRGINIA
COUNTY OF FREDERICK, To -wit:
I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do
hereby certify that Evelyn L. Perry, Executor of the Estate of Garland E. Perry and Trustee of
Trust A and Trust B whose name is signed to the foregoing Deed, dated this 27'" day of
December, 2006 has personally appeared before me and acknowledged the same in my State and
jurisdiction aforesaid.
Given under my hand this 27T" day of December, 2006.
My commission expires: 12/31/08.
Notary is
r
VIRGINL4: FREDERICK COUNTIY.SCT.
'This instrument of writing was produced to me on
eZDO(0 at
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
$ n'so. , and 58.1-801 have been paid, if assyable.
444t ) , Clerk
7563-8698
EBY/law
Q Wyy
4 C
z < o
F4"X�'C
w F¢ tl
�~rUJ
n W L
OU V
G
• O
O
M
08000598].
THIS DEED, made and dated this 16th day of May 2008, by and between VENTURE I OF
WINCHESTER, L.L.C., a Virginia Limited Liability Company, hereinafter called the Grantor,
and NW WORKS, INC., a Virginia Corporation, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in
hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor
does grant and convey, with Special Warranty of"fide, unto the Grantee, in fee simple, together with
all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all
of the following realty:
All of that certain tract or parcel of land situated about five (5) miles Southwest of
Winchester in Shftwnee Magisterial District, Frederick County, Virginia, on the East
side of Shady Elm Factory Road, designated as Lot 1, containing seventeen (17.0000)
acres, more or less, as shown on a subdivision plat entitled "Final Plat Shady Elm
Subdivision, Back Creek Magisterial District, Frederick County, Virginia" prepared
by Kirk W. Norton, L.S., dated April 18, 2008, attached to the Deed of Dedication
and Declaration dated May 16, 2008, and recorded inunediately prior to this
instrument. AND BEING a portion of the property conveyed to Venture I of
Winchester, LLC, a Virginia limited liability company, by Deed from Katherine B.
Perry, Trustee for the Maurice W. PerryTrust, under Trust Agreement Dated October
12, 1990, and Evelyn L. Perry, Executrix of the Estate of Garland E. Perry, and as
Trustee of Trust A and as Trustee of Trust B, dated December 27, 2006, of record in
the Office of the Clerk of the Circuit Court of Frederick County, Virginia as
Instrument Number 060024270. Reference is hereby made to the aforesaid
instruments and the references contained therein for a further and more particular
description of the property conveyed herein.
This conveyance is made subject to all legally enforceable restrictive covenants and
easements of record affecting the aforesaid realty.
1
CD
0
M
CA
WITNESS the following signature and seal:
VENTURE l OF WINCHESTER, L.L.C., a Virginia Limited
Liability Company
H. PAIGE MANUEL, Manager
STATE OF VIRGINIA
COUNTY OF FREDERICK, To -wit:
1, Lcona A. Winger, a Notary Public in and for the State and jurisdiction aforesaid, do hereby
certify that H. Paige Manuel, as Manager and a duly authorized officer of Venture I of Winchester,
L.L.C., a Virginia Limited Liability Company, whose name is signed to the foregoing Deed, dated
this 16`s day of May, 2008, has personally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this 16'h day of May 2008.
My commission expires May 31, 2010.
..........
•
Notary Fub 'c
MYcat�rnfssou• ,ypWIN1A:FREDERICKCOUNTY.SCT.
E IR3 {is instrunicnt of writing was pr(Auced to me on
""r""''" and with certificate:rcknowicdgemem thereto annexed
1%:is adnuucd iu rccord. Tax imposed by Sec. 58.1-802 of
tfY.
S ,and 58.1 8(1I have been paid, if assessable.
*Yee-, i'�Ma�•r , Cleric
r \WJIL JC!!-d\IJ. 0091-A67B vpd
sry
VICINITY MAP
SCALE: 1' - 2000'
APPROVED BY:
FREDERICK C«YNTY SUBDIVISION ADMINISTj2PTOR
B c- •Y/'/l
VIRGINIA,DEPAf WE>JT,LE,T,TAUSPORTATTON
ERICK COUNTY SANITATION AUTHORITY
OWNER'S CONSENT:
(DATE)
(DA •)
,�oB
(DATE)
THE FOREGOING SUBDIVISION AND DEDICATION OF RIGHT OF WAY AND EASEMENTS ON AND THROUGH THE
PROPERTY OF VENTURE I OF WINCHESTER, LLC AS HEREIN DESCRIBED AND SHOWN, IS WITH THE FREE CONSENT
AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY.
V`�,^' i UA e L �k' h(i .� l fh:-r; r;•l Lc,� /QJ Q
00 (/
rr (DATE)
C�• log/ AAAJ1Jl=L tLSd�i�G ML�in�C���
PRINTED NAME do TITLE LILA M. TRIPLETT
NOTARY PUBLIC
NOTARY PUBLIC CommRegw*135897rginia
STATE OF My Commission Expires Aug. 31. 2011
NTY OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON Zeroe BY
e /Vati Ef (DATE)
MY COMMISSION EXPIRES
(NOTARY PUBLIC)
(DATE)
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY THAT HAVE SURVEYED THIS PROPERTY ON THE GROUND; THAT THIS PLAT IS CORRECT
TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF; AND THAT PROPERTY CORNERS MONUMENTED
AS SHOWN.
NAL PLAT
LM SUBDIVISION
MAGISTERIAL DISTRICT
C COUNTY, VIRGINIA
J DATE: APRIL 18, 2008
Rust & Associates
onners. Landscape Architects.
117 East Piccadilly Street
Winchester, Virginia 22601
T 540.667.2139
F 5,10.665.0493 SHEET 1 OF 4
0 PHR+A 2008
low
�s 6��� ~
ao ROAD do o
SHADY ELM a,
NRGY ROUE 651 (� 1.0738 AC HEREBY O
awl R/W) DEDICATED FOR PUBLIC
DB 296 PG 93 EXISTING EDC STREET PURPOSES CD
n' OF PgyEMENT�,
74-A-68
N /F-,---
HENRY J. CARBAUGH,
TRUSTEE
INST #070000157
Aq
C'1
z�
F
(n
w
AREA TABULA11ON:
L13 209.91D L9 " 4
Lj4�'75' BRL k6.26;—
75 L8
BR�
co
I c"
c n
II N44'40'42'E `1q ml
48.79' N
N51'22'35'W a'I
I 118.54' N EXISTING
I DWELLING
0
S44'40'45`W
81.58' I LOT 1
a 17.0000 AC n
W _j
1� m WTI
_ o
NI N NI N'n �N
N oQ.
0l
m
25' BRL 04
N
25' BRL
Y N
Ins I 9-38'39cy'4'7 589 56'—�
w
z I I ut
I J n
REMAINDER OF
m _
II 75—A-1 NI
40.6035 AC
I
I� n
N I
N
I
L
25' BRL35.16, S41'49'05'W' �'---�
450.00' S42'14'30'
461 59'
OLD 75-A-1
FCSA OUTLOT
RIGHT OF WAY DEDICATED
FOR PUBLIC STREET PURPOSES
NEW LOT 1
58.7140 AC
-0.0367 AC
-1.0738 AC
-17.0000 AC
REMAINDER 75-A-1 40.6035 AC
75-A-IA
N/F
SYNERGY
INVESTMENTS. LLC
INST/040011862
75-A-1D
N/F
FVC PROPERTIES, INC.
INST 0040017077
75-A-IE - -
N /F
FVC PROPERTIES, INC.
INST/010009679
75-A-18
N
FVC PROP RTIES, INC.
DB 896, PG 1326
75-A-IC
N F
CORRUGATE CONTAINER
CORP.
DB 729. PG 929
FCSA OUTLOT
0.0367 AC
(SEE SHEET-4)
CSX TRgNSPORTATION INC.T �08R ESMT
&
INS
(SEE NOTE 4)W _."^---
T H O,
i
GRAPHIC SCALE
0 1so aoo coo
( IN FEET)
1 inch = 300 fL
REVISED: MAY 9, 2008
FINAL PLAT
SHADY ELM SUBDIVISION
� y0ERN3TCOWN MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1" - 300' DATE: APRIL 18, 2008
Patton Harris Rust & Associates
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street
..�.. Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 2 OF 4
0 PHR+A 2008
WJ
�o�ti� ELM ROACD
D o i o
zo�-
DYTE 651 ��1.0738 AC HEREBY
VIRGINIA,RR��NG)
DICATED FOR PUBLIC
D13 295 93 EXISTING ,Z�l
STREET PURPOSES
ENTom.
t3 209.91'
L14�, o I
17 rSLOPE
II 20 UiL ESMT wli
3 SLOPE.
ESMT
R
N44'40'42'E
I 48.79'
SLOPE DRNJ
UTL ESMT
30' SEWER &
WATER ESMT
�� 20' DRN ESMT
75-A-IA
N/F
SYNERGY
INVESTMENTS, LLC
INST 1040011862
1' 75-A-1D
I L25 C4 CS N/F
II N51'22'35"W C6 FVC PROPERTIES, INC.
I 118.54'101
—EXISTING INST 1040017077
DWELLING L26 0S44'40'4a^;5-AIE81.58' 170000 LOT lAC FVC PROPERTIES, INC.
o _ INST/010009679
74-A-68 II Q7 �' I I V) 0 --
_ -
N/f
HENRY J. CARBAUGH, uS o W I� n c�v1
TRUSTEE N N I FN Qm v 75- 18
INST 0070000157 NIII N
cNal I�� FVC PROPERTIES, INC.
In 0
' I ¢ J I IZ a DO 896. PG 1326
30' SLOPE, DRN
I b 1 L- Ido UTL ESMT N
N— _ N I c) 3E"39'24' W 5p b6 —
,n ;w
z I ir1
N 75-A-IC
REMAINDER OF P'
N/F
�
cwi I 75_A-1 N CORRUGATED CONTAINER
W2 40.6035 AC CORP.
1.01 ti II _ 15 DO 729, PG 929
A 15'
I WNa
W �I MJ N
ACCESS
I i-C1 L22 ESMT
1' 0
~ _ _ _ 0 FCSA OUTLOT
S4� O6'35. SD 1M `S41 g' S•W — —� 0.0367 AC
450.00' S4214'30• (SEE SHEET 4)
CSX TRANSNF 461.59' — - -
PORTA110N INC. wATER sA1r
(SEE NOTE 4 INST ItpB__—
MAP V086M
GRAPHIC SCALE ':
0 150 300 600
( IN FEET )
1 inch = 300 fL
REVISED: MAY 9, 2008
FINAL PLAT
3.— SHADY ELM SUBDIVISION
-KeRffI"NM MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1" - 300' DATE: APRIL 18, 2008
Patton Harris Rust & Associates
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street
Win
qj�+-AT
Winchester, Virginia 22601
540.667.2139
F 540.665.0493 SHEET 3 OF 4
(b PHR+A '2008
REMAINDER OF
75-A-1
40.6151 AC
i
I
q 30' SEWER &
WATER ESMT
L20
11151 15
57 SEWER & I( I
WATER ESMT
L19 25' BRL
It 20' ACCESS
ESMT
1.97�
-j o15.1
Of �2 LO
,L22'— 'o 'o. i U) cc -' Y
R5' BRL N
WAR R k
S42'14' �1ig ESMT
NF
CSX TRANSPORTATION INC.
(SEE NOTE 4)
MAP V08636
NOTES:
1. FREDERICK COUNTY PIN #75—A-1,
ZONED: M1 (REF RZ#08-07). CURRENTLY
IN THE NAME OF VENTURE I OF
WINCHESTER, L-C. (INST #060024270)
2. BOUNDARY & MERIDIAN ARE BASED ON
A CURRENT FIELD RUN SURVEY BY
PHR+A ON PARCEL y75—A-1.
3. THIS PLAT WAS PREPARED WITHOUT
BENEFIT OF A TITLE REPORT.
4. REFERENCE IS HEREBY MADE TO THE
'RIGHT—OF—WAY AND TRACK MAP, THE WINCHESTER
AND STRASBURG RAILROAD COMPANY" (ORIGINAL
DATE JUNE 30. 1918) AS REVISED, FILE NUMBERS
V08636 & V08637 (V-32.1/3&4) PROVIDED BY CSX
REAL PROPERTY, INC. GIS DEPARTMENT AND
REVIEWED IN CONJUNCTION WITH PREPARATION OF
THIS PLAT.
5. FCSA OUTLOT HEREBY CONVEYED TO FREDERICK
COUNTY SANITATION AUTHORITY IN FEE SIMPLE.
6. PERMANENT MONUMENTATION WILL BE SET AT
ALL LOT CORNERS IN COMPLIANCE WITH
COMMONWEALTH OF VIRGINIA AND LOCAL
REGULATIONS.
REVISED: MAY 9, 2008
CURVE TABLE
CURVE
RADIUS
DELTA
LENGTH
TANGENT
BEARING
CHORD
CI
86'31'54"
90.62'
56.47'
N85'20'21'E
82.25'
C2
4
35'40'24'
4 90'
12.87'
N24'14'12'E
24.50'
C3
40. 0'
32'13'24"
2.50'
11.55'
N22'30'42"E
22.20'
C4
212.23'
22'33'01'
83.53'
42.31'
N32'13'16'E
82.99'
C5
114.22'
40'39'36
81.06'
42.32'
S41-16'33"W
79.37'
C6
1270.26'
9'04'37'
201.24'
1 100.83'
1 S66'08'39'W
201.03'
C7
899.00'
16'57'37"
266.11'
1 134.04'
1 S35'35'34'W
265.14'
GRAPHIC SCALE
0 25 50 too
( IN FEET )
I inch — 50 fL
CD
/j o N
75-A-iC
N /F
CORRUGATED
CONTAINER CORP.
DB 729, PG 929
FCSA OUTLOT
0.0367 AC
D. (SEE NOTE 5)
LINE TABLE
LINE
BEARING
LENGTH
L1
N 7' '39"E
L2
N 7-06-46"E
L3
N 0' 0'02"E
1
L4
'0 "
L5
N44'11'58"E
L6
N4 ' 2'
L7
N44'42'33"E
1
LB
S44'4 '33"W
1
L9
S44'04' 2'W
L13
S27'06'46'W
17 1'
L14
S27'45'39"W
1
L15
N38'37'
4
L16
S51' 2'35'E
4
L17
S38'37' 5'W
4
L18
N51'22'35"W
4
L19
S38'37'25"W
L20
S51'22'35"E
L21
5 ' '41'E
L22
N42'04'24"E
1 '
L23
N06'24'00"E
4 '
L24
N38'37'25"E
63 93'
L25
N43'29'46"E
1813.16'
L26
N70'40'57"E
120.82'
H OP
-001� �Suwe
FINAL PLAT
5r SHADY ELM SUBDIVISION
rw. AGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1" — 50' DATE: APRIL 18, 2008
Patton Harris Rust & Associates o
Engineers. Surveyors. Planners. Landscape Architects.117 n
7
East Piccadilly Street Win
FAT
Winchester, Virginia 22601 I
540.667.2139 I
co
F 540.665.0493 SHEET T OF 4
') PHR+A 2008
0
C�
September 24, 2015
Patrick Sowers
Pennoni Associates Inc.
117 E. Piccadilly Street
Winchester, VA 22601
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
RE: Artillery Business Center — Proffer Amendment Request
Dear Mr. Sowers:
Thank you for the opportunity to review your proffer amendment request for the Artillery
Business Center. Please consider the following bullets as my feedback on this draft.
1. Regarding the shift of the cash proffer for transportation and the Shady Elm lane
improvements to the revenue sharing partnership to complete Renaissance Drive
from its existing terminus to Shady Elm. I think this is a good adjustment.
2. 1 am not supportive of removal of the current proffer to secure right-of-way across
the Carbaugh trust property.
3. The draft revenue sharing agreement attached to the proffer has issues for the
County which is being relayed through the County Attorney and is not acceptable
in its current form.
4. The draft proffers offer to enter into a revenue sharing agreement but they are less
clear as to the implications if the agreement should not be entered into. I would
suggest considering a limitation of 1 building pen -nit prior to execution of the
revenue sharing agreement.
Thank YT;
i
John A. Bishop, AII'
Deputy Director -Transportation
JAB/dlw
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Pennoni
PENNONI ASSOCIATES INC.
CONSULTING ENGINEERS
September 9, 2015
Mr. John Bishop, AICP
Deputy Director, Transportation
Frederick County Planning and Development
107 N Kent Street, Suite 202
Winchester, VA 22601
RE: Artillery Business Center — Proffer Amendment Request
Dear Mr. Bishop,
�.
L SEP 9 2015 q�
-
-31
,.:n�ftlCi<C' OUNTY
AND 07W:L0Pi`A-NT
Please find attached the proposed proffer statement and associated generalized development plan
and exhibits for Artillery Business Center for your review. This amendment would modify the
proffers approved by the Board of Supervisors on February 13, 2008 as part of Rezoning Application
#07-08. For reference, I have also included a copy of the approved 2008 proffers. A summary of
the proposed modifications is as follows:
1) A $250,000 monetary contribution and a continuous right turn lane across the Shady Elm
Road frontage has been removed in favor of a commitment for the construction of
Renaissance Drive from its existing terminus to Shady Elm Road. Ultimately, the Shady Elm
Road entrance requirements will be subject to VDOT review and approval at the site plan
phase of development.
2) The land bay boundaries have been modified to reflect the two existing tax map parcels that
form the property and which are under separate ownership currently. Accordingly, we have
assigned proffered obligations to the respective land bay owners as opposed to using a
blanket "Applicant" for the entirety of the project.
3) Removed the proffer for right of way dedication along Shady Elm Road as this dedication
has already been completed.
4) The proffered continuous right turn lane across the Shady Elm road frontage has been
removed. Ultimately, the entrance requirements will be subject to VDOT approval at the site
plan phase of development.
5) Removed the proffered limitations on signage as the existing 2008 proffer statement
predates modifications made to the County's signage regulations.
6) The 5 year limitation on warehouse distribution facilities in excess of 200,000 square feet has
been removed since this requirement of the 2008 rezoning approval is now more than 7
years old.
7) The requirement for a minimum of three end users for the site and the escalator clause for
monetary contributions has been removed.
If you have any questions or comments, please feel free to contact me at (540) 667-2139.
Sincerely,
PENNONI ASSOCIATES INC.
Patrick Sowers
Senior Project Engineer
117 East Piccadilly Street - Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493
www.pennoni.com
Pennoni
PENNON] ASSOCIATES INC.
CONSULTING ENGINEERS
November 12, 2015
Mr. John Bishop, AICP
Frederick County Planning Director
107 N Kent Street, Suite 202
Winchester, VA 22601
RE: Artillery Business Center Proffer Amendment — Postponement Request
Dear Mr. Bishop,
On behalf of the Applicant, I formally request to postpone the Artillery Business Center Proffer
Amendment application, currently scheduled for today's Board of Supervisors meeting, until the
Board's December 9, 2015 meeting.
If you have any questions, please feel free to contact me at (540) 667-2139.
Sincerely,
PENNONI ASSOCIATES INC.
Patrick Sowers
Senior Project Engineer
117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493
www.pennoni.com
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
October 14, 2015
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #09-15 FOR ARTILLERY BUSINESS CENTER
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public
hearing being held on Wednesday, October 28, 2015 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 #09-15 ARTILLERY BUSINESS CENTER submitted by Pennoni Associates,
to revise proffers associated with Rezoning #07-08. This revision relates specifically to the
transportation proffers. The properties are located east and adjacent to Shady Elm Road
approximately 4,500 feet south of the intersection of Shady Elm Road and Apple Valley
Drive. The properties are identified with Property Identification Numbers 75-A-1 and 75-
A-1F in the Back Creek Magisterial District.
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.fcva.us.
Sincerely,
-
Johp.A. Bishop, AICP c/
Deputy Director Transportation
JAB/pd
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
October 14, 2015
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #09-15 FOR ARTILLERY BUSINESS CENTER
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public
hearing being held on Wednesday, October 28, 2015 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 #09-15 ARTILLERY BUSINESS CENTER submitted by Pennon Associates,
to revise proffers associated with Rezoning #07-08. This revision relates specifically to the
transportation proffers. The properties are located east and adjacent to Shady Elm Road
approximately 4,500 feet south of the intersection of Shady Elm Road and Apple Valley
Drive. The properties are identified with Property Identification Numbers 75-A-1 and 75-
A-1F in the Back Creek Magisterial District.
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.fcva.us.
Sincerely,
John -A`. Bishop, AICP
`beputy Director Transportation
JAB/pd
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
This is t certify that the attached correspondence was mailed to the following on
i 0 114 �� 5 from the Department of Planning and Development, Frederick
County, Virginia:
75 -A- - 1-
VENTUREI OF WINCHESTER LLC
CIO GERALD F SMITH JR
549 MERRIMANS LN
WINCHESTER VA 22601-6207
75 -A- - 1-F
NW WORKS INC
828 SMITHFIELD AVE
WINCHESTER VA 22601-5410
74 - A- - 68-
CARBAUGH HENRY J TRUSTEE
CIO BANK OF CLARK COUNTY TRUST D
202 N LOUDOUN ST
WINCHESTER VA 22601-4952
74 -3- - 3-
NICHOLAS KITTY HOCKMAN
EDDY ROBIN H
690 SHADY ELM RD
WINCHESTER VA 22602-2525
63 - 7- - 5-
BOWMAN-SHOEMAKER
COMPANIES INC
PO BOX 480
STEPHENS CITY VA 22655-0480
75 -A- - 1-A
SYNERGY INVESTMENTS LLC
416 BATTAILE DR
WINCHESTER VA 22601-4263
STATE OF VIRGINIA
COUNTY OF FREDERICK
75 -A- - 1-D
FVC PROPERTIES INC
CIO FRANK CUPPO
500 N BROADWAY STE 123
JERICHO NY 11753-2111
75 - A- - 1-C
CORRUGATED CONTAINER CORP
100 DEVELOPMENT LN
WINCHESTER VA 22602-2572
75 -A- - 1-G
FREDERICK COUNTY SANITATION
AUTHORITY
107 N KENT ST
WINCHESTER VA 22601.5039
75A - 6- B- 41-A
PROSPERITY DRIVE DEV GROUP LLC
180 PROSPERITY DR STE 3
WINCHESTER VA 22602-5384
75 - A- - 2-M
PROSPERITY PROPERTIES OF WINC LLC
180 PROSPERITY DR STE 5
WINCHESTER VA 22602.5384
John A. Bishop; Traxsportati-6ri Planner
Frederick County Planning Dept.
I, Y !�► Y� �a , a Notary Public in and for the State and County
aforesaid, do hereby certify that John A. Bishop, Transportation Planner for the Department of
Planni g and Development, whose name is signed to the foregoing, dated
16 l4 I � , has personally appeared before me and acknowledged the same in my
State And Lounty aforesaid.
f�-
Given under my hand this l L1 day of O(414�1_1' a015
My commission expires on 6""t" '3/ z U 0
ULLTER
NO RY P PUBLIC
REGISTRATION # 354474
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
OECEMBER?1, 2017
75 - A- - 2-P
PROSPERITY 81 LLC
1306 SQUIRE CT UNIT B
STERLING VA 20166-8944
75 - A- - 2-F
STROSNYOER LYLE P INC
220 PROSPERITY DR
WINCHESTER VA 22602-5320
75 - A- - 2-0
PIPPIN ENTERPRISES LLC
164 MEADOW TRACE LN
MIDDLETOWN VA 22645-1851
75 - A- - 2-R
RENAISSANCE COMMERCIAL CENTER INC
PO BOX 480
STEPHENS CITY VA 22655.0480
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
October 7, 2015
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION 1109-15 FOR ARTILLERY BUSINESS CENTER
On behalf of the Frederick County Planning Commission, you are hereby notified of a public
hearing being held on Wednesday, October 21, 201.5 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 #09-15 ARTILLERY BUSINESS CENTER submitted by Pcnnoni Associates,
to revise proffers associated with Rezoning #07-08. This revision relates specifically to the
transportation proffers. The properties are located east and adjacent to Shady Elm Road
approximately 4,500 feet south of the intersection of Shady Elm Road and Apple Valley
Drive. The properties are identified with Property Identification Numbers 75-A-1 and 75-
A-1F in the Back Creek Magisterial District.
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: ww�v.fcva.us.
Sincerely,
ohn A. Bishop, AICP
Deputy Director Transportation
JAB/pd
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
This is t certify that the attached correspondence «vas mailed to the follow ing on
I p� 6 from the Department of Planing and Development, Frederick
County, Virginia:
75 -A- - 1-
VENTUREI OF WINCHESTER LLC
CIO GERALD F SMITH JR
549 MERRIMANS LN
WINCHESTER VA 22601-6207
75 -A- - 1-F
NW WORKS INC
828 SMITHFIELD AVE
WINCHESTER VA 22601.5410
74 - A- - 68-
CARBAUGH HENRY J TRUSTEE
CIO BANK OF CLARK COUNTY TRUST D
202 N LOUDOUN ST
WINCHESTER VA 22601.4952
74 - 3- - 3-
NICHOLAS KITTY HOCKMAN
EDDY ROBIN H
690 SHADY ELM RD
WINCHESTER VA 22602.2525
63 -7- - 5-
BOWMAN-SHOEMAKER
COMPANIES INC
PO BOX 480
STEPHENS CITY VA 22655-0480
75 -A- - 1-A
SYNERGY INVESTMENTS LLC
416 BATTAILE DR
WINCHESTER VA 22601.4263
STATE OF V-IRGII\''IA
COUNTY OF FREDERICK
75 -A- - 1-D
FVC PROPERTIES INC
CIO FRANK CUPPO
500 N BROADWAY STE 123
JERICHO NY 11753.2111
75 - A- - 1-C
CORRUGATED CONTAINER CORP
100 DEVELOPMENT LN
WINCHESTER VA 22602.2572
75 -A- - 1-13
FREDERICK COUNTY SANITATION
AUTHORITY
107 N KENT ST
WINCHESTER VA 22601.5039
75A - 6. B- 41-A
PROSPERITY DRIVE DEV GROUP LLC
180 PROSPERITY DR STE 3 22602-5384
WINCHESTER VA
75 - A- - 2•M
PROSPERITY PROPERTIES OF WINC LLC
180 PROSPERITY DR STE 5
WINCHESTER VA 22602.5384
John A. B
-DiO..ector TMansportatio
Frederick County Planning Department
I, 7�7, , a Notary Public in and for the State and County
aforesaid, do hereby certify that Kohn Bishop, Depputry Director TMans. for the Department of
Planning and Development, whose name is signed to the foregoing, dated
10 5 , has personally appeared before me and acknowledged the same in my
State and'County aforesaid.
Given under my hand this L` day of
My commission expires on ()-Q-ts1--PVM e , 2' 0
MALA DEETER
NOTARY PUBLIC
REGISTRATION 11 354474
COMMONWEALTH -OF VIRGINIA
MY COMMISSION EXPIRES
DECEMBER 31, 2017
75 - A- - 2-P
PROSPERITY 81 LLC
1306 SQUIRE CT UNIT B
STERLING VA 20166-8944
75 - A- - 2-F
STROSNYDER LYLE P INC
220 PROSPERITY DR
WINCHESTER VA 22602.5320
75 - A- - 2-0.
PIPPIN ENTERPRISES LLC
164 MEADOW TRACE LN
MIDDLETOWN VA 22645.1851
75 - A- - 2-11
RENAISSANCE COMMERCIAL CENTER INC
PO BOX 480
STEPHENS CITY VA 22655.0480
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
October 7, 2015
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #09-15 FOR ARTILLERY BUSINESS CENTER
On behalf of the Frederick County Planning Commission, you are hereby notified of a public
hearing being held on Wednesday, October 21, 2015 at 7:00 p.m. in the Board Room of the
Frederick County Adm Mistration Building at 107 North Kent Street, Winchester, Virginia to
consider the following application:
Rezoning #09-15 ARTILLERY BUSINESS CENTER submitted by Pennoni Associates,
to revise proffers associated with Rezoning #07-08. This revision relates specifically to the
transportation proffers. The properties are located cast and adjacent to Shady Elm Road
approximately 4,500 feet south of the intersection of Shady Elm Road and Apple Valley
Drive. The properties are identified with Property Identification Numbers 75-A-1 and 75-
A-1 F in the Back Creek Magisterial District.
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.fcva.us.
Sincerely,
i�
ohn A. Bishop, AICP
Deputy Director Transportation
JAB/pd
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
O
COUNTY of FREDERICK
Department o1' Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
October 7, 2015
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION 809-15 FOR ARTILLERY BUSINESS CENTER
On behalf of the Frederick County Planning Commission, you are hereby notified of'a pLlbllc
hearing being held on Wednesday, October 21, 2015 at 7:00 p.m. in the Board Room of the
Frederick County Administ•ation Building at 107 North Kent Street, Winchester, Virginia to
consider the following application:` ,7
Rezoning 409-1- ARTILLEI IM41NESS CENTER sLibmiuccl by Pennoni Associates,
to revise proffers associated A ,ith Rezoning 07-08. This revision relates specifically to the
mgyR;Hnzy transportation C�Zits. The properties arc located cast and adjacent to Shady Elm
Road approximately 4.500 legit south of the intersection 01' Shady Ihn Road and Apple
Valley Drive. The properties are identified with Property Identification Numbers 75-A-1
and 75-A-1 F in the Back Creel: tMagisterial District.
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.fcva.us.
Sincerely.
John A. Bishop. AICP
Deputy Director Transportation
JAB/pcf
107 North Kent Street. Suitc 202 • Winchester, Virginia 22601-5000
1S-
/�r
I L iV S � J i� �' �C5 A -/
Adjoining Property Owners — Artillery Business Center
am-t-y
To-'"RFl3afa-Data Processing
From: Pam-Pl nning Dept.
Pleas print sets of labels
by it 5 is
Thanks!
Owners of property adjoining the land will be notified of the Planning Commission and the Board
of Super-N isors 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-i-vay, 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 o/' the Revenue is located on the 2"" floor o/' the / rederick Countv
Administrative Building, 107 North Kent Street.
Name
Address
Property
Identification Number PIN
Henry J. Carbaugh Trustee c/o Bank of Clarke
Name:
Trust Department
202 N Loudoun Street
Property
#:
74-A-68
Winchester, VA 22601
Name:
Kitty Hockman Nicholas and Robin H. Eddy
690 Shady Elm Road
Property#:
74-3-3; 74-3-2; 74-3-1
Winchester, VA 22602
Name:
Bowman -Shoemaker Companies, Inc.
P.O. Box 480
Property
#:
63-7-5; 63-7-4; 63-7-5
Ste hens City, VA 22655
Name:
Synergy Investments, LLC
416 Battaile Dr
Property
#:
75-A-1A
Winchester, VA 22601
Name:
FVC Properties, Inc. c/o Frank Cuppo
500 N Broadway, Suite 123
Property#:
75-A-1 D; 75-A-1 E; 75-A-1 B
Jericho, NY 11753
Name:
Corrugated Container Corp.
100 Development Lane
Property
#:
75-A-1C
Winchester, VA 22602
Name:
Frederick County Sanitation Authority
107 N Kent St
Property
#:
75-A-1 G
Winchester, VA 22601
Name:
Prosperity Drive Development Group, LLC
180 Prosperity Dr, Suite 3
Property
#:
75A-6-B-41A
Winchester, VA 22602
Name:
Prosperity Properties of Winc, LLC
180 Prosperity Dr, Suite 5
Property
#:
75-A-2M
Winchester, VA 22602
Name:
Prosperity 81, LLC
1306 Squire Ct, Unit B
Property
#:
75-A-2P
Sterling, VA 20166
Name:
Lyle P. Strosnider, Inc
220 Prosperity Dr
Property
#:
75-A-2F
Winchester, VA 22602
Name:
Pippin Enterprises, LLC
164 Meadow Trace Ln
Property
#:
75-A-20
Middletown, VA 22645
Name:
Renaissance Commercial Center, Inc.
P.O. Box 480
Property
#:
75-A-2R
Ste hens Cit , VA 22655
Easy Peel® Labels
Use Avery® Template 51610
e
Feed Paper
Bend along line to
expose Pop-up EdgeTM
QAVERV®51610
74 -3- - 2-
NICHOLAS KITTY HOCKMAN
EDDY ROBIN H
690 SHADY ELM RD
WINCHESTER VA 22602.2525
74 -3- - 2-
NICHOLAS KITTY HOCKMAN
EDDY ROBIN H
690 SHADY ELM RD
WINCHESTER VA 22602.2525
74 -3- - 2-
NICHOLAS KITTY HOCKMAN
EDDY ROBIN H
690 SHADY ELM RD
WINCHESTER VA 22602.2525
74 .3- - 2-
NICHOLAS KITTY HOCKMAN
EDDY ROBIN H
690 SHADY ELM RD
WINCHESTER VA 22602.2525
ttiquettes faciles a peler O
Utilisez le gabarit AVERY® 51610 Sens de chargement
Repliez A la hachure afin de www.avery.com
r6v6ler le rebord Pop-up1c 1-800-GO-AVERY
Easy Peel® Labels ® � �
Use Avery® Template 51610 Feed Paper �21
74 - 3- - 1-
NICHOLAS KITTY HOCKMAN
EDDY ROBIN H
690 SHADY ELM RD
WINCHESTER VA
74 - 3- - 1-
NICHOLAS KITTY HOCKMAN
EDDY ROBIN H
690 SHADY ELM RD
WINCHESTER VA
63 -7- - 4-
BOWMAN-SHOEMAKER
COMPANIES INC
PO BOX 480
STEPHENS CITY VA
63 -7- - 4-
BOWMAN-SHOEMAKER
COMPANIES INC
PO BOX 480
STEPHENS CITY VA
63 -7- - 5-
BOWMAN-SHOEMAKER
COMPANIES INC
PO BOX 480
STEPHENS CITY VA
63 -7- - 5-
BOWMAN-SHOEMAKER
COMPANIES INC
PO BOX 480
STEPHENS CITY VA
22602.2525
22602.2525
22655.0480
22655.0480
22655.0480
22655.0480
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expose Pop-up Edge
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74 - 3- - 1-
NICHOLAS KITTY HOCKMAN
EDDY ROBIN H
690 SHADY ELM RD
WINCHESTER VA
74 -3- - 1-
NICHOLAS KITTY HOCKMAN
EDDY ROBIN H
690 SHADY ELM RD
WINCHESTER VA
63 -7- - 4-
BOWMAN-SHOEMAKER
COMPANIES INC
PO BOX 480
STEPHENS CITY VA
63 -7- - 4-
BOWMAN-SHOEMAKER
COMPANIES INC
PO BOX 480
STEPHENS CITY VA
63 -7- - 5-
BOWMAN-SHOEMAKER
COMPANIES INC
PO BOX 480
STEPHENS CITY VA
63 -7- - 5-
BOWMAN-SHOEMAKER
COMPANIES INC
PO BOX 480
STEPHENS CITY VA
22602.2525
22602.2525
22655.0480
22655.0480
22655.0480
22655.0480
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Utilisez le gabarit AVERY® 51610 Sens de chargement i r6v6ler le rebord Pop-up'Ac 1-800-GO-AVERY
Easy Peel® Labels
Use Avery® Template 51610
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aAVERY051610
75 -A- - 1-E
FVC PROPERTIES INC
CIO FRANK CUPPO
500 N BROADWAY STE 123
JERICHO NY 11753.2111
75 -A- - 1-E
FVC PROPERTIES INC
CIO FRANK CUPPO
500 N BROADWAY STE 123
JERICHO NY 11753.2111
75 -A- - 1-13
FVC PROPERTIES INC
CIO FRANK CUPPO
500 N BROADWAY STE 123
JERICHO NY 11753.2111
75 -A- - 1-13
FVC PROPERTIES INC
CIO FRANK CUPPO
500 N BROADWAY STE 123
JERICHO NY 11753.2111
75 �-A- - 1-E
FVC P OPERTIES INC
CIO FR�NK CUPPO
500 N BROADWAY STE 123
JERICHO NY,, 11753.2111
75 -A- - 1-E
FVC PROPERTIES INC
CIO FRANK CUPPO
500 N BROADWAY STE'123
JERICHO NY )'1753.2111
75 -A- - 1-13
FVC PROPERTIES INC
CIO FRANK CUPPO
500 N BROADWAY STE 123
JERICHO NY 11753.2111
75 -A- - 1-13
FVC PROPERTIES INC
CIO FRANK CUPPO
500 N BROADWAY STE 123
JERICHO NY 11753.2111
ttiquettes faciles a peter A
Utilisez le gabarit AVERY® 51610 Sens de chargement
Replies A la hachure afin de www.averycom
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Pennoni'
PENNONI ASSOCIATES INC.
CONSULTING ENGINEERS
September 25, 2015
Mr. John Bishop, AICP
Deputy Director, Transportation
Frederick County Planning and Development
107 N Kent Street, Suite 202
Winchester, VA 22601
RE: Artillery Business Center — Proffer Amendment Request
Dear Mr. Bishop,
r
' S E P 2 5 2015
I.
t t i
Please find attached the following application materials for a proposed proffer amendment for
Artillery Business Center:
1) Application fee in the amount of $10,050 (base application fee plus sign deposit)
2) Rezoning application form
3) Power of Attorney form for NW Works Inc. (Please note that Venture I of Winchester, LLC
has signed the application form and proffers directly)
4) Statement of Justification
5) Proffer Statement dated September 24, 2015 including Generalized Development Plan and
associated Exhibits
6) Agency comments from VDOT and Frederick County Planning
7) Deeds, Plat showing site boundary, and Verification of Taxes Paid
If you have any questions, please feel free to contact me at (540) 667-2139.
Sincerely,
PENNONI ASSOCIATES INC.
, � o �--' Z. �-"
Patrick Sowers
Senior Project Engineer
117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493
www.pennoni.com
Document Approval Form
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PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS
YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF
YOUR APPROVAL.
IF THIS DOCUMENT DOES NOT n1EET YOUR APPROVAL, PLEASE PROVIDE
COMMENTS AS TO WHA T I'O U 11'0 ULD LIKE TO IIA VE COMPLETED.
Initials Dille & Time
Candice
Mark
Dave
Eric
Mike
John
COMMENTS:
O
Received by Clerical Staff (Date & Time)`
(S:Office on Blackbox\Forms\Document Approval Form — 12/27/13)
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REQUESTING AGENT:
DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS
FREDERICK COUNTY, VERGINIA
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GIS, MAPPING, GRAPHICS
WORK REQUEST
JDATE RECEIVED: °a `�
REQUESTED COMPLETION DATE: ) U
PCL
Department, Agency, or Company: p S D
Mailing and/or Billing Address:
Telephony:
E-mail Address:
ESTIMATED COST OF PROJECT:
FAX:
DESCRIPTION OF REQUEST: (Write additional information on back of request)
DIGITAL:
SIZES:
COLOR:
Co(Il,
PAPER:______ FAX: E-MAIL
BLACK/WHITE: NUMBER OF CUFIEb:
STAFF MEMBER: HOURS REQUIRED:
COMPLETION DATE:
MATERIALS:
DATE OF PICK-UP/DELIVERY:
AMOUNT DUE:
AMOUNT BILLED:
METHOD OF PAYMENT:
AMOUNT PAID:
CHECK NO.#,
Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)
0 •
Document Approval Form
w NE
f i ;�;• � S E P 2 5 2015
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS
YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF
YOUR APPROVAL.
IT THIS DOCUMENT DOES NOT MEET POUR APPROVAL, PLEASE PROVIDE
COAIAIENTS AS TO WIIA T 3'O U 11/0 ULD LIKE TO HA VF. COMPLETED.
Initials
Candice
Mark
Dave
Eric
Mike
John
COMMENTS:
Date & Time
Received by Clerical Staff (Date &Time): U ) t / 5
(S:Office on Blackbox\Forms\Document Approval Form — 12/27/13)