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HomeMy WebLinkAbout01-16 84 Lumber PIN No. 44-A-75B - Stonewall - Backfile—�—r 1 NOTES RECEIPT DATE Vi RECEIVED FROM Fy CE AC\Y NO. J83378 ADDRESS L} ��CI l�r: �l eighl�1Il _1 Etc-ve-n-l-hr.<<Soli(Y"�o1lal-Lat)cl------�5_j1� rl��l 0 CXY� FOR (:�F ACCOUNT HOW PAID z) -1 d m c sic ✓ cI-. _ ANAT. OF ACCOUNT CASH I CHECK IAID PAID BALANCE .MONEY DUE ORDER BY ©2001 RMFOzM.O 8L818 REZONING TRACKING SHEET Check List: Application Form ✓ Fee & Sign Deposit ✓ Proffer Statement Deed Impact Analysis flat/Survey Adjoiner List _o/ Taxes Paid Statement q-- Sys II) # File opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting Board of Supervisors Meeting ACTION: ACTION: 1 e U Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Proffers recorded COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 14, 2016 Pierce Hardy Limited Partnership Deborah Schwab 1019 Route 519 Eighty -Pour, PA 15330 RE: REZONING #01-16 84 LUMBER PIN: 44-A-75B Dear Ms. Schwab: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on April 13, 2016. The above -referenced application was approved to rezone 10.0 acres the from B-3 (Industrial Transition) District with Proffers to the M-1 (Light Industrial) District with Proffers. The property is located at 240 Yardmaster Court, off of Martinsburg Pike (Route I 1 North) in the Stonewall Magisterial District, and is identified by Property Identification Number 44-A-7513. The proffer statement, originally dated January 18, 2016, that was 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 hesitate to contact this office if you have any gL1CStiO11S 1'Cga1-ding the al)pi'OVal of this rezoning application. Sincerely, Candice Perkins, AICP, CZA Senior Planner CEP/pd Attachment cc: Judith McCann -Slaughter, Supervisor Stonewall District Stan Crockett and Gary Oates, Stonewall District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revcnuc Rod Williams, County Attorney w/Proffer and Resolution 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 REZONING APPLICATION #01-16 84 LUMBER Staff Report for the Board of Supervisors Prepared: April 4, 2016 Staff Contact: Candice L. Perkins, AICP, CZA, Assistant Director Reviewed Planning Commission: 03/02/16 Board of Supervisors: 04/13/16 Action Public Hearing Held; Recommend Approval Pending PROPOSAL: Rezoning #01-16 fo►• 84 LUMBER submitted by Pierce Hardy Linlitccl Partnership, to rezone 10.0 acres from the B3 (Industrial "['ransition) District with Proffers to the M I (Li(,,ht Industrial) District with Proffers. This application proposes to revise the proffers of Rezoning 1102-05 to allow the site to be Utilized for a tl'LISS nlanu(aCtl11'lllg plant. LOCATION: The property is located at 240 Yardmaster Court, at the end of the unsignalized intersection of Ya1•dillastCl• COUrt and Martinsburg Pile (Route I I North). EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR 04/13/16 BOARD OF SUPVEIZVISOIZS MEETING: The 84 Lumber application seeks to rezone 10.0 acres from the B3 (111CILIst'lal Transition) Dlst•ICt to the M I (Light Industrial) District with prollbrs to enable the operation ol'a ti•USS manufacturing plant. This 10 acre tract is a portion of a 59 acre tract originally rezoned to the B3 District in 2005 (Adams Property). The Northeast Land Use Plan of the 2030 Comprehensive Plan iclentif ies this property with a business lallCl use designation. Whilc the requestccl inCiust•ial zoning requested by the Applicant is inconsistent with the comprehensive plan, the LISC is generally consistent and is assured through the proffer statement. The tl•IISS I11a11lIfaCLL11•I1lg facility is similar III natlll'C t0 the 84 Lumber I'acilit), that previously occupied the site; however, ma1lL1faCtl11•l1lg Is 110t pCl'I111ttC(l III the B3 (111CILISt•lal Transition) District. The Applicant has profl red a site plan which limits the LISC of the Site t0 a tl'LISS I11a11LIIaCtL11'11lg faClllt)' (see proflei• I). The impacts associatC(l with the CllallgC Of LISC have becil limited by the scope of the proffer statement. Therefore, no additional impacts to Frederick COLIIIt)' ol• the SLII'1.OL111dlilg property owners are anticipated. The Planning C01111111sslon did not identify any issues of Concerns with the request and recommended approval of the application at their March 2, 2016 meeting. Following the requiredpublic hearing, a decision rel;Jal-ding this rezonin, application bt, the Boa!'d Of S!lpei'ylyoi'4 wol(ld he apprOp!'!!!te Tlie Applleliiit sho!!ld he p!'epli!'ed t0 adegiiatelt, addrey4 all concerns rained ht, the Board Of S!!peryis0!'S. Rezoning 1101-16 — 84 Lumber April d, 2016 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Plalllring Commission and the Board of'Supervisors to assist them in making a decision oll this application. It maY also be useful to others interested in this zoning matter. Unresolved issues Concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 03/02/16 Board of Supervisors: 04/13/16 Action Public Hearing Held; Recommended Approval Pending PROPOSAL: Rezoning #01-16 for 84 LUMI3ER Submitted by Pierce I-larcly Limited Partnership, to rezone 10.0 acres from B3 (II1CILIStl'ISI 'hransition) District with Proffers to M I (Light IndlISti'lal) District with Prorrers. LOCATION: The property is located at 240 Yardmaster COIIi't, at the elid of the Unsignalized intersection of Yardmaster Court and Martinsburg Pike (Route I 1 North). MAGISTERIAL DISTRICT: Stonewall PROPERTY II) NUMI3ERS: 44-A-7513 PROPERTY ZONING: B3 (industrial Transition) District to N1-1 (Light Industrial) District PRESENT USE: Old 84 Lumber Facility (Lumber Sales) ADJOINING I'ROI'ERTY "ZONING & PRESENT USE: North: RA (Rural Areas) District Use: Residential/Agricultural SOuth: B3 (II1dllStHal Transition) District Use: Vacant Cast: RA (Rural Areas) District Use: Residential B3 (In(Iustrial Transition) District Use: Vacant West: B3 (II1dUstrial Transition) District Use: Vacant/Rail/1-81 Rezoning //01-16 — 84 Lumber April d, 2016 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: "I'he documentation within the application to rezone this property appears to have a measurable impact on M. 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the 84 LUillber TRISS Plant Rezoning Application Elated November 24, 2015 address transportation concerns associated \vith this request. Fire Marshal: Plans Approved. Public Works Department: "fhc proposed rezoning has the approval ofthc Frederick County Public Works Department. We respectively request that the existing storm water system including the storm water pond be Inspected and maintained 1)1'IOI' to I'C-OCCllpyitlg the facility. Frederick Count' Sanitation Authority: No Comments. Frederick County Attorney: Pleuse see ullached lellerfi'om Roderick B. Williams, Counljvl lorney, dared Janumy 12, 2016. Plannint; & Zonin#;: 1) Site History: "fhc original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the Zoning Of the Subject parcel as A2 (Ag1'ICu1tl1i'a1 General) District. The COUilty'S agricultural Zoning diStl'ictS were subsequently combined to form the RA (Rural Areas) DIStl'iCt upon adoption Of all a1 enciI11Cilt to the Frcdcrick CO1111ty Z011lilg Ordinance Oil May 10, 1989. In 2004, the Board Of Slll)Cr'VISOI'S approved Rezoning 111 1 -04 which rezoned the property to the B3 (Industrial Transition) District with proffers. Oil May 13, 2005 the Board Of Supervisors approved Rezoning 1102-05 which revised the prollus for the site to modify the proffered uses of the site. 2) Comprehensive Policy Plan: The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plall 1)1'0VIdC gllldallCC Oil the Iilture development of the property. The property is located within the SWSA. The 2030 Comprehensive Plan identifies this property with a business land use designation. While the requested industrial zoning requested by the Applicant is inconsistent with the Comprehensive plan, the use is generally consistent and is aSSUred thl'011gll the proffer statement. file tRISS nlanutacturing (acility is similar in nature to the 84 LL1mbcr Facility that previously occupied the site; however, manufacturing is not permitted in the B3 (Industrial Transition) District. The Applicant has proffered a site plan which IIIllitS the IISC Of the Site to a t'LISS I11al1llfaCtlll'1112" facility. Rezoning /101-16 84 Lumber April 4, 2016 Pagc 4 Transportation and Site Access. - Direct access to Martinsburg Pike will continue to be provided to the development through a single shared commercial entrance which is Yardmaster Court. 4) Proffer Statement: Dated January 18, 2016: A) General Development Plan -The applicant has proffered to develop the subject property Ill Substantial conformance with the attached site plan for an 84 Lumber Truss Plant (dated January 28, 2016). B) Vehicle Per Day (VPD) and Land Use Restrictions 1) "file Applicant proffers to restrict development of the 10 acre property to an aillOLlllt 110t to exceed a maxill1L1111 of 1,393 VPD. 2) The Applicant has proffered to prohibit the following M-I District land uses on the site: • Local and suburban transit and interurban highway passenger transportation • Business associations; membership organizations; and labor unions • Motor freight transportation, excllld111g Wal'ellOLISiIlg and storage • Transportation by all' Trail sportatioil services Truck stops C) Transportation 1) Direct access to Martinsburg Pike will be provided through a single shared commercial entrance (Yardmaster Court) to provide ingress and egress for the 10 acre property. 2) Turn lane — Martinsbur J [� pike — completed 3) Signalizaton — Applicant will provide a pro rata share of the cost of signalization if needed. D) North Buffer -'file owner shall maintain the six foot high earthen berm as the opaque element within the 100 loot wide Category C full screen adjacent to tax parcels 44-A- 76A, 75A, and 7. C) Monetary Contributions to Offset Impact of Development A monetary contribution of $.015/building square foot, based on additional added square footage. Rezoning #01-16 84 Linnber April 4, 2016 Page 5 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 3/02/16 MEETING: Staff reported this is a rezoning application to rezone 10 acres ffolll the B3 (Industrial Transition) District to the M 1 (Light Ill(IllStl'lal) District with proffcl'S. Staf f contillLICCI this application proposed to revise the proffers of Rezoning H02-05 to allow the site to be used fora truss manufacturing plant. Staff reviewed locations map Of the site and then provided an overview of the original 2005 rezoning application. Staff COntillUCCI included in that application was: a bUildiilg Cap Oil the entire site or 555,000 square reel; use limitations consisting oroffice, building/lumber Store, wholesale warehouse, and self -storage facilities; ilia\I111L1111vehicle trips per (lay of 4,603 for the development. Staffreported the proffer revision for the 10 acre site restricts the trips per day to 1,393 which are consistent with the approved 84 Lumber site plan that was approved years ago. Staff noted there is also a restriction for the tl'LISS maill.IfaCL11'lllg facility dIIC to a proffered Site plan. Staff Shared a trip generation SL111111lary with the Planning Commission and note(I the SlglllfiCallt I'CCILICti011 Ill tl'IpS. Starr reported the Northeast Land Use Plan identifies the property with a commercial land use designation; while the rcquesteCl industrial zoning being presented is inconsistent with the Comprehensive plan, the proposed Use Is generally consistent with the commercial designation and IS very restrictive and assurcCI through the proffer statement. Staff continued the tRISS manufactw'ing is still the 84 Lumber Company and it is relatively similar to the lumber yard they had before however manufacturing Of trusses is not allowed in the B3 (Industrial Transition) District. Staff concluded the Applicant has profrered a site plan which limits the USC Orthc Site to the tl'LISS 111aI1LIfaCtLll'Illg raClllty therefore the impacts associated with the change or use have been limited by the proffer statement. A Commissioner asked II tllC SLOI'C WOUld be re -Opened oil site. Staff Ilotcd the store will not be re- opened at this time because of the requested zoning change. Mr. Frank Kelcha, Vice -President of ManutactLn'ing for 84 Lumber spoke on behalf of the Applicant. I -le feels opening the facility will be beneficial to the company as well as the County. He hopes to be able to employ approximately 70 people. Mr. Kelcha noted this will help the area prosper. Ms. Debbie Schwab, real estate counsel for 84 Lumber reiterated the jobs the Company plans to bring to the area with the t1'LISS facility. She noted the intent is to employ 65-70 people with all average annual salary of $31,800. A Commissioner inquireCI if a Store may be opened in the future. NIr. Kelcha noted at this point a store IS not ill the plains. A Commissioner aSkCd iFlllallLlfflCtLll'Ing OHIC tl'LISSCS IS pl'Illlarily for the local area or will they be shipped elsewhere. Mr. Kelcha explained the trLISSCS will be used locally as well as shipped to various locations. Chairman Wilmot called for anyone lvllo Wished to Speak regarding this Public Hearing to collie forward at this time. NO one came lbrward to speak and Chairman Wilmot closed the public comment portion of the hearing. A motion Was made, seconded, and passed UnanillIOLISly to I'CCOI11Il1CIld al1pl'OVal Of t111S I'CZOl"'lg. Rezoning 110 1- 16 84 Lumber April 4, 2016 Page 6 EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR 04/13/16 BOARD OF SUPVERVISORS MEETING: The 84 LUmber application seeks to rezolle 10.0 acres from the B3 (Industrial Transition) District to the M 1 (Light Industrial) District with proffers to enable the operation Of t1'LISS manufacturing plant. This 10 acre tract is a portion of a 59 acre tract originally rezoned to the B3 District in 2005 (Adams Property). The Northeast Land Use Plan ofthe 2030 Comprehensive Plan identifies this Property with a business land use designation. While the requesteCl industrial zoning requested by the Applicant is inconsistent with the COIll17I'CllellSNe plan, the use is generally consistent and is assured through the proffer statement. The tRISS I11aI1LIfaCtI.11'lllg facility IS Sllllilal' ill Ilatlll'e t0 the 84 LLllllber facility that previously occupied the site; however, IllallLlf£lCtLll'Illg IS IIOt pCl'IllittCd Ill the B3 (InclUstrlal Transition) District. The Applicant has proffered a site plan Which lilllitS the Use Of the site t0 a tRISS Illalllll,lCtU1'lllg faCllity (see proffer 1). The impacts assoCiateCI With the Cllflllge OI IISe have been limited by the scope ofthe proffer statement. Therefore, no additional impacts t0 17rccleric1C COLlllty 01' the SLII'I'OLllldillg property owners are anticipated. The Planning Commission did not identify ally Issues 01' Concerns with the request and recommended approval ot'tile application at their March 2, 2016 meeting. Following the required public hearing, a decision regal -ding this rezoning application by the Board of Superi,ivory would be appropriate The Applicant sh0!!Id be prepared to adequatelt, llddreSy all concerns raised by the Board ofSuperyisol's. 2�1 WAVERL RO Applications Parcels Sewer and Water Service Area Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (industrial, General District) MH1 (Mobile Home Community District) 4tr 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) f# _.�L_..: . 3�3�7�i3� r — �siull� 44 a 75- , ►nrE cT WOrrc UAe u,, a i YA $ /f Asrrycr i� r? REZ # 01 - 16 Note: Frederick County Dept of 84 Lumber Planning DDevelopmentPIN. 107 N Kent St 44 -A 75B Suite 202 Rezoning from B3 to M I Winchester. VA 22601 540-665-5651 Map Created: February 3. 2016 Staff: cperkins 0 160 320 640 Feel 10 A. Applications Parcels Sewer and Water Service Area L'a Buildina Footorints RL1 » U 1 - 16 Nte o Frederick County Dept of 84 Lumber Planning Devebr^ • PIN: 107 N Kent St e 44 - A - 75B Suite 202 Rezoning from 83 to MI Winchester. VA 22F. 540 - 665 - 5651 Map Created: February 3. 2016 Stott: cperkins n ion 640 Feet i f;* ;.� "o . .4 0`�� 10 Applicdhons Parcels Sewer and Water Service Area Building Footprints Long Range Land Use 0 Residential C:i; Neighborhood Village Urban Center - • Mobile Home Community Q Business r�D Highway Commercial C> Mixed -Use 9 0 0 Mixed Use Commercial/Office Mixed Use Industrial/Office, / - Industrial t® Warehouse Heavy Industrial Extractive Mining 0" r+771 C � Commercial Rec 40:yf Rural Community Center ® Fire & Rescue Historic ® Institutional - Planned Unit Development AV/i Park �7 Recreation School Employment Airport Support Area Q B2 / B3 0 Residential. 4 u/a High -Density Residential. 6 u/a t� High -Density Residential, 12-16 u/a (� Rural Area Interstate Buller Landfill Support Area Natural Resources & Recreation ® Environmental & Recreational Resources REZ #01-16 1 �J -q REZ#01-16 zees MA/NNSeURG /IKE 2875 MA RiINSeURG 0 T MAR/INSBURG IIKE 84 Lumber PIN: 44 - A - 75B Rezoning from B3 to M I i "L44D lM Note Frederick County Dept of Planning & Develop,, e 107 N Kent St Suite 202 Winchester. VA 22r. 540 - 665 - 5651 Map Created: February 3 2016 Stott: cperkins 0 160 320 640 Feet AMENDMENT Action: PLANNING COMMISSION: March 2, 2016 - Recommended Approval BOARD OF SUPERVISORS: April 13, 2016 - F_] APPROVED ❑ DENIED AN ORDINANCE AMENDING TFIE ZONING DIS'I'RIC'h MAP RI'ZONING 1101-16 84 LUMBER WHEREAS, Rezoning #01-16 of 84 Lumber, submitted by Pierce Hardy Limited Partnership, to rezone 10 acres from the B3 (Industrial rl'ransition) District with Proffers to the M I (Light Industrial) District with Proffers, filial revision date of.lanuary 18, 2016 was considered. The properly is located at 240 Yardmaster Court, at the end of' the unsignalized intersection of' Yardmaster Court and Martinsbur; Pike (Route 1 I North). The property is further identified with PIN 44-A-75B in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing oil this 1'ezolllllg oil March 2, 2016 and recommended approval; and WHEREAS, the Board of'Supervisors held a public hearing on this rezoning on April 13, 2016; and WHEREAS, the Frederick County Board of Supervisors finds the approval of tills rezolllllg to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, ICE IT ORDAINED by the Frederick County Board of'Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 10 acres From the B3 (hulustrial Transition) District to the M I (Light Illdllstrial) District with prof%rs, final revision date January 18, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is attached. PDRes 1107-16 E • -2- This ordinance shall be in effect on the date of adoption. Passed this 13th day of April, 2016 by the following recorded vote: Charles S. Del -laver, Jr., Chairman Gary A. Lofton Robert A. I -less Robert W. Wells Gene L. Fisher Judith NlcCann-Slaughter Blaine P. Dunn A COPY ATTEST Brenda G. Garton Frederick County Administrator PDRes #07-16 • AMENDIWENT Action: PLANNING COMMISSION: March 16, 2005 - Recommended Approval BOARD OF SUPI7RVISORS: April 13, 2005 APPROVED DI_NII D AN ORDINANCE AMENDING TIDE ZONING DISTRICT MAP REZONLNG ##02-05 OF ADAMS DEVELOPMENT GROUP WHEREAS, Rezoning H02-05 of Adams llevelopmeiit Group, was submitted by Grecnway Engineering to revise proffers attached to Rezoning Ill I -04. This revision acids wholesale xvith accessory retail. building materials and lumber stores to the allowed uses. This property fronts on the west side of Martinsburg Pike (Route I I North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified by Property identification Number— PINs 44—A-75B, 44—A-75C, 44—A-751), 44—A--75r, and 44—A-75r. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 16, 2005: and WHEREAS, the hoard of Supervisors held a public hearing oil this rezoning on April 1 3, 2005; and WHEREAS, the Frederick County Board of'Supervisors finds the approval of tills rezoning to be in the best interest of' the public health, safety, welfare, and in conformauice with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of'Supervisors that the proffer revision adding wholesale with accessory retail, building materials and lumber stores to the allowed uses attached to Rezoning Ill 1-04, as described by the Proffer Statement submitted by the applicant and the property owner, is approved. PDRes # 10-05 • 0 This ordinance shall be in effect on the dale of acloption. Passed this 13th day of April, 2005 by the lbllowing recorded vote: Richard C. Shickle, Chairmen Aye Barbara E. Van Osten Aye Gina A. Forrester Aye Gary Dove Aye Lynda .I. 'Tyler ye Bill M. Ewing Aye Gene Fisher Aye A COPY ivr'TES'T .tohn R. R' ey, Jr. Frederic County Administ ator PDRes # 10-05 • 0 Greenway Engineering February 18, 2005 'Adams Development Group, Inc. Rezoning PROPOSED PROFFER STATEMENT REZONING: RZ4 02-05 Industrial Transition District (B3) with Proffers to Industrial Transition District (B3) wiUi Revised Proffers PROPERTY: 59.71 acres +/-; Tax Parcel #44-((A))-75 RECORD OWNER: Adams Development Group, Inc., Robert C. Adams, President APPLICANT: Adams Development Group (here -in after "tile Applicant") PROJECT NAME: Adams Commercial Center OR[GINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters June 21, 2004 February 18, 2005 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 11 O-Z - Os — for the rezoning of 59.71-acres from the Industrial Transition (133) District with ProlTers to the Industrial Transition (B3) .District with Revised Proffers, development of the subject property shall be done in confonnity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Adams Development Group, Inc, being all of Tax Map Parcel 44-((A))-75 and further described by Boundary Survey Plat prepared by 1"Award W. Dove, L.S., dated July 29, 2003 (see attached Boundary Survey Plat). File 1139,19/[AW • Gremwav Engineering February 18, 2005 Adams Development Group, Inc. ]tenoning A.) Generalized Development Plan The Applicant hereby proffer;s to develop the 59.71-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the general location and relationship of land bay uses. B.) The following maximum building square footages are proffered for the land uses identified below. The building square footages are established to ensure that the vehicle per clay (VPD) generation :For (lie permitted land uses will not exceed 4,603 VPD based on ITC Trip Generation 711i Bclition volumes. 1. Office 2. Building Materials &, Lumber Store 3. Wholesale 4. Warehouse 5. Self-service storage facility "TOTAL BUILDING ARLA C.) Transportation 1.) Access to Martinsburg .Pike (US Route 1 1) 120,000 square feet 25,000 square feet 150,000 square feet 120,000 square feet 140,000 square feet 555,000 square feet Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for all uses within this site. This shared commercial entrance will be located so as to align with the existing commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2) Turn lane — Martinsburg Pike (US Route I I ) The Applicant hereby proffers to install a right -turn deceleration lane at the entrance on Martinsburg Pile (US Route 11). 3.) Additional Right-of-way Dedication In the Interest Of future area transportation plan Improvements, the applicant hereby proffers to dedicate to the Cotrnnonwealth of Virginia twenty (20) feet of additional right-of-way on the Martinsburg Pike (US Route 11) frontage of the property. Pile 1/3949/EAW '? Gicenway Engineering Febnmry 18, 2005 Adams Development Group, Lie. Rezoning 4.) Corridor Improvements, Signalization In recognition of offsite transportation impacts, the Applicant hereby proffers to contribute a prorated share of the cost of signalization improvements in the area of Interstate-81 IJxit 321, The Virginia Department of Transportation (VDOT) will determine the appropriate location .for signalization improvements and will determine when this improvement is warranted. The Applicant will enter into a signalization agreement with VDOT that will provide a one-time contribution towards the cost of signalization in a prorated amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. D.) Outdoor Storage Buffer The Applicant hereby proffers to preserve a continuous strip of existing vegetation oil the west side of the Winchester and Vdestern Railroad, as identified on the Generalized Development Plan, to screen the outdoor storage area from [lie MI-I-1 property to the southwest. 'file Applicant will preserve a .minimum depth of fifty (50) feet of the existing vegetation adjacent to that approximately 242 foot portion of the property line shared with the MI-I-1 zoned property to the south. Should such existing vegetation be deemed insufficient screen by the Zoning Administrator at the time of site plan review, the vegetative area will be supplemented with additional landscaping and/or opaque structures as needed to meet ordinance. standards. I.) North Buffer The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to properties to the northeast. P.) South Buffer 'fhe applicant hereby proffers to utilize a minimum six foot high fence, rather than earthen berm, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to properties to the south. File 1139,19/IiAW • • Grccnway Bngincering February 18, 2005 Adams Development Group, Inc. Rezoning G.) Corridor Appearance Enhancements The applicant hereby proffers to enhance the appearance of the MartlnshUrg Pike (U.S. RUUte 11) corridor through the implementation of a low-level earth berm and landscaping along the frontage of the subject property. This enhancement will be located within a 20- foot wide green strip that is located immediately adjacent to and on the west side of the dedicated 20-foot right-of-way strip, which will contain an earth berm that is 2-feet in height with low-lying shrubs and a single row of deciduous flowering trees that are a minimum of' l '/2 caliper and planted on 3046ot centers. This corridor appearance enhancement will be designed to ensure that sight distance is not negatively impacted at the commercial entrance to the subject property, and will be provided In conjunction With the installation of the commercial entrance. H.) Stormwater Quality Measures The applicant hereby proffers that all commercial site plans submitted to Frederick County are designed to implement best management practices (BN4P) to promote st rl �> > o r z � ater quality measures. A statement w111 be 1J1'0vlded on each COInIllel'Clal site plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. The Applicant will ensure that the south buffer fence is located on the northern side of the stormwater management area channel and will utilize plantings recommended for riparian zones by the Virginia Department of Forestry to further protect and enhance this area. I.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application 116Z -00 - is approved, [lie undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .015/ building square foot This payment, potentially totaling ,$8,325 is intended to offset the additional cost to Frederick County, and more specifically Frederick County Tire and Rescue, due to an increased demand on public services. 77he proffer increments will be paid at [he time of the building occupancy permits. File 113)A9/GAW q 0 0 Circemvay Engineering .1.) Signatures Pebrunry 19, 2005 Adams Development Group, Inc. Rezoning The conditions proffered above shall be binding; upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set fortli in the Frederick County Code. Respectfully Submitted: ADAMS DEVI�LOPEMNT GROUP, INC. I obert C. Adams, President Date Commonwealth of Virginia, City/County of -R el-1Ck 1 0 4-�� To Wit: i-Il The foregoing instrument was acknow1c(Iged before me this 18 day of 20 0>by ��c C� L • }-6Ujyj S Notary Public My Commission Expires File #39,19/1 nW z 01 C. am aparA Y -6 Des.tp6 rn R+Y rat xa. aa.a soar: ar : .CO ......-COUNTY of FREDERICK Rodezick B.'Willianis County Attorney . 17d6 .. 540/7?.2-8383 Fax 540/667-0370 &mail: rwillia@co.frederick.va.us January 12, 2016 VIA. R�Pt9[A I]L - debbie:sc i':ab cr�84Lumlier.biz — AND R-tGULAR MAIL Ivls:'.Debbie Schwab Associate Real Estate Counsel ' .84 Lumber Coin an P .Y Building 1019 Route 519 Eighty tour; Pciirzsylvan ia 15330-2813 Re: TZezoiiing Appljcatioii 84 Lumber Truss Plante .: Tax Parcel Number 44A*75B, coizsisting of 104: acres (the "Property") Proposed Proffer Statezizezit dated April 17, 2008 Dear Ms: Schwab' You have s' itted:to )iiederick County for eview the above-i•eferericed ;proposed proffer-statern'chi'(thc "Proffer.Statement") for the proposed rezoning of the Property;.in'the'Stonewall.Magistei*ial Dist�rict;.fiom the B3 (Industrial Transition)'. Zonizig District;' witli'proffeis, ao the 1v11.(Light Industrial) Zoriiiig District; with revised proffers.` Z have riow i eviewed the Proffer . em'' (e it and it is fny opinion that the Proffer Statezrzeiit would%bc in a foi7ilao meet tlierequirezi�eiits of the brederick.Coitnty Zoning Ordinance and the Code. 'f Virginia .azid would be legally suffcieritas a proffer. statement;'subject to the following eoinments: Date The Proffer Statement shows a date of April 11, 2008:.Tlie origin of that date is zioi' cleat 'and; in any event; the Proffer Stateiiient should show a current date. ... . Applicant/Owner � The Proffer Statement should consistently show the obligations throughout as being obligations of the `.`Owner" as opposed to the . "Applicant' .(e.g:; Proffers A B2, and:D). • ,A.djoiners Staff should be aware that'it appears that Tax Parcel Number 44-A- . 75G should be included in the adjoiner notifications. . 107 North Dent Street Winchester, g Vir ii�ia 22601 FOIF, 0 0 Ms. Debbie Schwab j January 12, 2016 Page 2 • Preliminary Matter's - In the sentence at the end of the first paragraph, wild as a follow up to Mr. Ruddy's comment number 2, it May be best to state that the Proffer• Statement does not eliminate previous proffers for the other parcels and that; as well, the previous proffers remain in force for the Property, to the'extent not inconsistent with the current (proposed) proffer statement. See also the comments below regarding Proffers B 1 and C. • Proffer A'— The Proffer Statement refers to air attached site plan, .but no site plan :.'was attached. Proffer B 1 _ In addition to noting Mr. Ruddy's comment number 4 regarding the VPD.ttip lirnitatiori, I note that the previous proffers actually placed specific. building type/square footageliiziits cumulatively ou'the entirety of the original': .parcel. The Property, is a subdivided portion of that'original parcel: Those building type/square footage litiiits wez•e what was used to ascertain the limit of 4;603 :VPD containe&in the'previous proffers:. Staff and the applicant will nee to rectifyaiow the uses) contemplated by the proposed rezoi ing-interplaywitli the existing (2005) proffered use liinitatioiis: Proffer .0 — The Proffer should affirmatively state that all other access will be prohibited..'Also, staff and'the applicant will need to ascertainthestathis of :. orional.(2.005) Proffers C2 (right4urn deceleration lane on Route 11; per'. mapping functioiis; this appears that it may have already been perforrned)`and C4 (signalization iMprovenients)::To the extent that tlic obligations have riot already. . :been performed; the Proffer StateYrient should recognize the proportionate share of the obligation for the Property. . I Have not reviewed the §ubstance of the proffers as to Whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be dome by staff and the Planning Coinmission; Sincey ly, odei-icic B.:Williams County Attorney cc: Michael T. Ruddy;'AICP, Deputy Planning Director (via e-mail) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning StcrfJ: Fee Amount Paid $ �� 000. Zoning Amendment Number Q / - / („ Date Received / PC Hearing Date d l BOS Hearing Date'L / The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Pierce Hardy Limited Partnership Address: 1019 Route 519, Eighty -Four, PA 15330 2. Property Owner (if different than above): Telephone: 724-228-3636 Name: Telephone: Address: 3. Contact person if other than above: Name: James Zaunick / Deborah Schwab 4. Property Information: a. b. C. d. Telephone: 724-228-3636 Property Identification Number(s): 44-A-75B Total acreage to be rezoned: 10.0 acres Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): Current zoning designation(s) and acreage(s) in each designation: B-3 - 10.0 acres C. Proposed zoning designation(s) and acreage(s) in each designation: M-1 - 10.0 acres f. Magisterial District(s): Stonewall 12 • 5. Checklist: Check the following items that have been included with this application. Location map ,✓ Agency Comments Plat ✓ _ Fees _ ✓ Deed to property ✓ _ Impact Analysis Statement _ ✓ Verification of taxes paid ✓ _ Proffer Statement _ ✓ Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf s) of all submitted documents, maps and exhibits _ ✓ _ 6. 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: Pierce Hardy Limited Partnership 7. Adjoining Property: PARCEL ID NUMBER 44-A-75A 44-A-75C 44-A-75D 44-A-75E 44-A-75F 44-A-76A 144-A-77 USE RESIDENTIAL RA Commercial/Retail B-3 MH1 Commercial/Retail B-3 Comrnercial/Retail B-3 RESIDENTIAL RA ZONING 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): 240 Yardmaster Court, Winchester. VA 22603 13 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 1 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: 2,600 Service Station: 0 Retail: 0 Manufacturing: 27.080 Restaurant: 0 Warehouse: 54,650 Commercial: 50,000 Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to arnend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: Owner(s): 14 Date: Date: Date: o I- Ic'* P 1 L. C �_ADJOINING c , �3 r4 PROPERTY OWNER lc�,c P To: Bafbar., a- . Processing From: Pam -Planning Dept. Pleas ript � sets of label! by a ii Thanks! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address NameORNDOFF CHARLES W 2897 Martinsville Pike Stephenson, VA 22656 Property #44 A 75A NamcJRE WINCHESTER LLC 11047 Leadbetter Rd. Ashland, VA 23005 Property #44 A 75C NameJRE WINCHESTER LLC Property #44 A 75D 1047 Leadbetter Rd. Ashland, VA 23005 NameORNDOFF CHARLES W SR TRUSTEE 2897 Martinsville Pike operty #44 A 75E Stephenson, VA 22656 NameEVANLYNN LLC 134 Windy Hill Ln # W2-1 i Property #44 A 75F Winchester, VA 22602 NameDEBORAH A MULLINS 2835 Martinsville Pike / PO BOX 243 Property #44 A 76A IStephenson, VA 22656 NameORNDOFF CHARLES W SR TRUSTEE 2897 Martinsville Pike Property#44 A 77 Stephenson, VA 22656 Name Property # Name Property # 15 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, Cotmq, of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Pierce Hardy Limited Partnership (Phone) 724-228-3636 (Address) 1019 Route 519, Eighty -Four, PA 15330 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No, 050027277 on Page 1135 , and is described as Parcel: Lot: Block: Section: Subdivision: Tax parcel to a 44-A-7513 do hereby make, constitute and appoint: (Name) Jim Zaunick or his designee (Phone) 724-228-3636 (Address) 1019 Route 519, Eighty -Four, PA 15330 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) onditional Use Permit Master Development Plan (Preliminary and Final) ./Subdivision tte Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 24th day of November 2015 b ()� Si natures �- 00PAM0,10UP-� of Pl,llsy/VAN«,, -Stxtc-of-Virgittia;•;;tty/County of /VA k' , To -wit: I-_ . a Notary Public in and for the jurisdiction aforesaid, certify that the p rson(s) wlr signed to the foregoing instrument personally appeared before me and has acknowledged the �amc before me in the jurisdiction aforesaid this j=� day of Vey , 2015 a,1{,,L, I _,� _CX Cu_ A,I My Commission Expires: Notary Public COMMONWEALTH OF PENNSYLVANIA r NOTARIAL SEAL Notary Public J NORTH STRABANE TWP., WASHINGTON CNTY My Commission Expires Apr 14, 2017 SCALE- 4,&` Statement of Ew achments b (.pe4[vr5 Q ®rrm •I N ff Oa fIIHr rrr1� _ _ aMpis OrrO ffl�Illr. !I w - - w r •� r Items Co Twondmg tc ShceduW B 0cY �fa[Irrf IO a�f0�6 rRM- r.v rss.•,r r ero YM) R Irk Ore f'f .rrt .� Ma i A Y <►O .4 1 � � r�so.1 w � ev�we�.i a rXonrt i•aa Legend of Spbots a AWevlaeons 8 amen a.ra..rao. .aa.r ra.p coMw. w .r,...r ..� ..a• ,1 r .aa.D . ® m z��. alto •u r m. a nrcu•.aa w ro r �I - nwlra uz - ans ..nor .arras o00 .Taal r • Orsoslr owao agese cerrr. rwa .eam. g n rut . 4am Y)rOv 1 tat f0em a! tsR•t ..o otael• a a rro .rfr rr 10 r K rr m[ueoe OYr. 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Mwnf . sl•rra rnawo rrrso 0 mrarru +r �.r tafo-ar /���` Ib OrQfID rIX aus Mryprp aer tl ➢s �r w 'l'J Maµ NerrA Merl urn rrrr. rr3l r en♦r:� wWrrP lAw .die vC�.[ Oarl 4•Wr\. 4 r4 Y a ST4OW A - 000365M u tir a•Ir ua o rn.n .. ioanrn wr rr rrrwrars rear r rww..-' .nano u• -.c �:.rrs m m .an .or e..� w.r w saws\. yrr aear •� m.rn. rnc.. .s rr w+�•.•.• tm�.rao•n o ®m rµow�n.'mrc�rn°.o�a .on�iuo .�wsa�ry lb Ifa4Y K mrb 01160g4a c+)) K r0 R:r �v (aMr w.aa1 01 .bop w N OA'1 err t O N er[. r atRr O rr r rpr mVr1. � W .{ w+er•a. n als+nrt + rso r >� rrarosry mrtta r +w1 w.ounr osr�.- r . f.ar i r•raD w n a...rn w ®nor K .ore uwo.n. .. ti . roa ow o,aaa^x o.� +onrol n. loa <rrom a .ar r..n fsrnn 1[7IS AAA SM&AS (7-OI-07j f[a•rr ...� r - r K a,alw rr lae o K wOUIp •r[• f^I.v. � \+rwa n0. a.•.'. .wfA • 0•Vdr ra/w rr. • nw naa raw cn,M fsn ra.. _ v yro af,60eD1 Pas• +: /.ga1t . .f1Y PPS b rn • d r� a.+. :� •��•15R• Carr: rf p � r-v.q �irS Y „.K• ehrlstopMr con=ultents ,rwp v.ar•i ri0 •r.re KrwAC-W land T Surrey 07 BI LUMBER POOL / 1 PRQ/ECT i sauw wo r)r) � VJ t a.0 O'Imruy CJun. s+D.Marr r)IO) t SL4VWMWS C£R)S7CAt10N • R WC.r.f Carrµ a 6tR rfi OO.r•Ir O�Owb •rrlb .R-•I u !Mr rnupl MI .rKr• a1nr14 OOft•rrt'V . rrr•rlr0 mMOr+ff M' R wr. ae ? � S IaOa-) . r0•+ae Lr0 �w �/..+ ,n/11f e l .a+.+I COwO.A r/• N• . 4•f COfaYTM k rlva.a arr.rs n.rr- � r-.• r .., .rvrma. I \? -. ,w.� .. � •ae w o- K aC sor f• d w , -. � 7ur asaro . wrt- v �[ r � rzww.:r .s. rw o rarer arm a: -.irr i 4. !r) aw. ee y rxoo,r( rrin M �rnrf rrrorr r\. ...•,,.:. .. w cur. ,r.t ..q n Art U-Ya:Aa .rl u►• .Ot r }po6 n0 (• � - SIT 4 U fl r •fC...rQ rN I'. -�(a fra000f alr M II.A e0a r •D a. h r • re rn � /pa 1 1 l rll•ar 0s lr l >t l e q rrlu rl r0 r. 0 rr%. YK � M rM u� ro uR�rrr[+• /L.D.Oi �OOrla II n4 frrft+ 4R M M Rlarf rlau K rYrJlra: rrfOp 0"Za Ar ✓, rre.{sagnr OrOmr Y .Qf �iZij i r op i Rw�'f fu3rMlaw Ray1 ve �T I uf:nrr� rrarrrn X qaa ���^rd rt > I,.sa arvs:..r�v. ro, arc` `\ roa r our ,f. Rorar A tef�X-la \'-- -- t ---' WNC—W6J Given under my hand this ,4 �� ay of August, 2005. My commission expires /'? • 31, t e INOTARY PUBLIC This in.trum was prepared by: Fdwin B. Yod Kuyken&U, ]ohmon, McKee des Butler PLC 112 South Came= Street Winchester. Virginia22601 . ZyMJ c:\windows\wpwin6o\wpdocn\deeda\waynedriveandmelvorlane.dod 0 0 z o CD T ki• *OR ux CWM0D PO 30'I. ' It Zog.- RA LISE' A GR T �, , ux C1 oo 415 US 1�I, Z&e RA loc.�-; 1gµI,lUM -.. CA�� RE C � �! E0 _— -E' E705TANG 30' FCSA WATER & SE*V? EASEMENT 1NSr 1020014910 NEW TA m� 44 A / 10. DOT i A EASEMENT / HATCH N 6266'54" W A 25'x � 730.40' MT&)A SE)" X PARCEL -75B 0000 ACRES S/NDED AREA DENOTES ARHBLE WIDTH WATERLINE HEREYY DEZWCATED ED AREA DENOTES 20' SNWURY EASEMENT HEREBY MIN Irv, 1L J 165.1 - - -- T T YARDMASTER COURT �'--� RESIDUE OF WINCHESTER & WESTERN T.M. 44-A-75 f AXRW COWAW THE AaWS DEMOPMENT GROUP, INC. DO 633 PAGE 712 ANSI 1030015420 SEE PUT AT INSTR. 104MI7467 ' ZOAC B3 USE �AGANT 4ZO67 ACRES1 REAWNING (BY SUBTRAC)ION) SEE SHEEP 3 FOR STREET DET)M.,AT70N AWFORRAMAON SEE SHEET 4 FOR CURVE AATA, LINE TA&Z LEGEND, AREA TABUUTION, NOTES AND KEY TO AD"YM PROPERTY O*NM. A 76A T.,M�. �44` 310 647 �D. RA VOW 50' R/W 2.6411 ACRES HEREBY DEDICATED FOR PUBGC STREET PURPOSES (SEE SHEET 3) 150 0 75 150 GRAPHIC SCALE' (IN FEET) FINAL SUBDIVISION PLAT OF A POR77ON OF THE LAND OF THE ADAMS DEVELOPMENT GROUP, INC. STONEWALL MAGIS7FRIAL DISTRICT, FREDERICK COUNTY, WRGINIA SCALE: 1" - 150' DATE: JANUARY 31, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane $rigineers Winchester, tirrgtnla 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.green"yeng.com MARK D. SMITH No.002009 3949 SHEET 2 OF 4 • 11 SEE SHEET 4 FAR CURVE DATA, LINE TABLE, LEGEND, AREA TABULATION, NOTES AND IXY TO AWWNG PROPERTY OWNERS L-66.07*-, RES" OF T.11. 44 A-75 THE Aaws QEVEI.OPAIENT &U P, M MIST 1OJW 15420 SEE PUT AT INST. 1040017467 ZONE: B3 M VACW 4ZO67 ACREU REIi4#M \ (BY SUBTRACTION) O ' C a i U O:z, Ca ccN6 EASEMENT LINE DATA UNE I 860AIG I DISTANCE El I N 112333 W I 4 8 E2 1 S 1123 33' E I ma CD NEW TAX PARCEL 44 A-75B 10.00o0 ACRES (SEE SHEET 2) r 7 a al O L-52.24' , y L-i IRF L& 200 o 200 MARTINSBURG PIKE GruwWA, OCAN" (U.S. ROUTE ») (v n77 FINAL SUBDIVISION PLAT OF A POR77ON OF THE LAND OF THE ADAMS DEVELOPMENT GROUP, #NC. STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINA- SCALE: 1" 200' 1 DATE: JANUARY 31, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Vwfflma 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com MARK D.-SMITH No.002ooj Dl 31«5 _„ 3949 SHEET 3 OF 4 6 0o M IPW nATA CUIRW RA01R1S ARC LENWTH DarA AMZE TANY NT Or#ORD B&44RAG eC1H Cl 225.00 181.14 46.0 35 95.80 S �i'49 f5 W C2 275.00 2d D.59 54.1 .� 141.01 S 49'54 / W E27&26 C3 22.00 30 69 79 55 ► 16 43 s 77,D5 2 w C4 X00 M 12 zs9.55 r 69.22 N 1754 33 w C5 225.00 213.21 54.1 J9 1 Wr N BV54 1 E 20532 CB 275.00 221.39 46b 35 117.09 N &449 15 £ 21546 C7 341.4 i S 27fe 15 w?7e4.79 341.19 C8 2764.7.9 264.24 OS2e .'L3 f32 ?2 N 2J 0B 00 £ 264. i4 LI'c BEARM WMNCE L i N 71'06 5d W 129.40 L2 N WW 32 W 150,48 L3 N 7lV6 W 274.34 L4 S 67452W fail L5 N e7452 E 1J5J1 L6 N &TW 1 E 49.54 L7 N 1e4 3r E 3m13 LB S 75'S 3 E 20.0 L9 S 1 e•4 31 w 43142 L 10 N 7144 45 w I ?D: fe Lit H 25.21 W 1 50.15 .�Q BRL - BUUM RE51WTION UNE PER ZONM ORDMOCE - 1 2' AN RE&IR & W SET 1AVLESS OTMOMS£ NOTED) OF - 112' AlON RELi4R Pi?I W Ia:/' O 0 '°• 0! U. 44-A-76C FLORENCE 14 •I o1 Qi I r I r o TAl. 44-{-70 & 71 SWW ENO HOSE CO., La O T.M. 4"-72 RXX4RD D. DEl40RM UG TM. 44-A-73 ELWOOD L *W& ET UX AM TABUIA PARENT TRACT TY 4"-75 - 59.70e ACRES* NEW T1/ 44-A-758 --f0.0000 ACRES RK,fIT-0F W4Y DEOICA70N-2.6411 ACRES RESADW Or PARENT TRACT 44-A-75 - 4ZO67 ACRES* ggz?asmx me D8 647 PC 310 RA RESOOM I. DO 415 PG 443 RA /RESVDYI4I. D8 415 PG 490 RA Rf90f. W D8 9W PG J6 RA R£SViKkU WST, 1040019121 RA IEENTML mr: /010001wm RA RESIDAMW W. /010003" RA RESVENTi4L e uAIA I., •.A. a• •a1 a •,a a I THE PROPERTY SHOW HEREON LIES ENTIRELY W1 MW ZONE C, AREA OF MMMIW FL0001M, PER N.F.LP. FLOUR NMRIVYCE' RATE MV N7. 510063 0110 a DATED JULY 17, 1978. FINAL SUBDIVISION PLAT OF A PORTION OF THE LAND OF y T1E ADAMS D,EVELAPMBff WMP, OW STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, WROINIA (ARK D. SMITH SCALE: N/A T DATE: 7ANUARY 31, 20M N0.0020091 GREENWAY ENGINEERING 151 Wauly Hifl Lane Engineers SUR Wmclusur, 1-w# is 22602 suers Mephon (540) 662-4185 FAX (540) 722-9528 Founded In 1971 www.fflrtnwa)vn&com 3941D SHEET 4 OF 4 C3 M N N VIRUTMA. FREDERICK COUNTY, SCI'. This instrument of writingwas produced to me on rg2.-.t at 4.' and with uxreto annexed was admitted to recotd. T intixised by Sec.-%.l-802 of S . and 58.1-801 have been paid. if assessable 4,ew A� , Clerk REZONING APPLICATION #01-16 84 LUMBER Staff Report for the Planning Commission Prepared: February 17, 2016 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 03/02/16 Pending Board of Supervisors: 04/13/16 Pending PROPOSAL: Rezoning #01-16 for 84 LUMBER submitted by Pierce Hardy Limited Partnership, to rezone 10.0 acres from the B-3 (Industrial Transition) District with Proffers to the M-1 (Light Industrial) District with Proffers. This application proposes to revise the proffers of Rezoning #02-05 to allow the site to be utilized for a truss manufacturing plant. LOCATION: The property is located at 240 Yardmaster Court, at the end of the unsignalized intersection of Yardmaster Court and Martinsburg Pike (Route I 1 North). EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR 03/02/16 PLANNING COMMISSION MEETING: The 84 Lumber application seeks to rezone 10.0 acres from the B-3 (Industrial Transition) District to the M l (Light Industrial) District with proffers to enable the operation of a truss manufacturing plant. This 10 acre tract is a portion of a 59 acre tract originally rezoned to the 133 District in 2005 (Adams Property). The Northeast Land Use Plan of the 2030 Comprehensive Plan identifies this property with a business land use designation. While the requested industrial zoning requested by the applicant is inconsistent with the comprehensive plan, the use is generally consistent and is assured through the proffer statement. The truss manufacturing facility is similar in nature to the 84 Lumber Facility that previously occupied the site; however, manufacturing is not permitted in the 133 (Industrial Transition) District. The applicant has proffered a site plan which limits the use of the site to a truss manufacturing facility (see proffer 1). The impacts associated with the change of use have been limited by the scope of the proffer statement. Therefore, no additional impacts to Frederick County or the surrounding property owners are anticipated. Following the required public hearing, a decision regarding, this rezoning, application by Nre Board of Supervisors would be appropriate The Aapplicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 0 0 • Rezoning 1101-16 — 84 Lumber February 17, 2016 Page 2 This report is prepared by the Frederick County Plalllling Staff to provide information to the Planning Commission and the Board of Supei'vlsoi's to assist them in making a decision oil this application. It may also be Useful to others interested in this zoning matter. Unresolved issues concel'lllllg this application are noted bY stuff Where relevant throughout this staff repol7. Reviewed Action Planning Commission: 03/02/16 Pending Board of Supervisors: 04/13/16 Pending PROPOSAL: Rezoning 801-16 for 84 LUMI3ER submitted by Pierce Hardy Limited Partnership, to rezone 10.0 acres from B-3 (Industrial 'hransition) District with Proffers to M-1 (Light Industrial) District with Proffers. LOCATION: The property is located at 240 Yardmaster Court, at the end of the unsignalized intersection of Yardmaster Court and Martinsburg Pike (Route 1 1 North). MAGISTERIAL DISTRICT: Stonewall PROPERTY Ill NUMI3ERS: 44-A-7513 PROPERTY ZONING: B-3 (Industrial 'Transition) District to M-1 (Light Industrial) District PRESENT USE: Old 84 Lumber facility (Lumber Sales) ADJOINING PROPERTY ZONING Sr PRESENT USE: North: RA (Rural Areas) District Use: Residential/Agricultural South: B3 (Industrial Transition) District Use: Vacant East: RA (Rural Areas) District Use: Residential B3 (Industrial Transition) District Use: Vacant West: 133 (Industrial Transition) District Use: Vacant/Rail/I-81 Rezoning 90 1- 16 — 84 Lumber February 17, 2016 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation Within the applicatioll to rezone this property appears to have a mcaSUrable impact oil Rt. 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the 84 Lumber Truss Plant RCzoning Application dated November 24, 2015 address transportation concerns associated with this request. Fire Marshal: Plans Approved. Public Works Deparhnent: The proposed rezoning has the approval of the Frederick County Public Works Department. We respectively request that the existing storm water system including the storm water pond be inspected and maintained prior to re -occupying the facility. Frederick CounO, Sanitation Authority: No Comments. Frederick County Attorney: Please see allached leper- i•om Roderick B. Williams, Counly, Allori7ey, ciciled Januaiy 12, 2016. Planning & Zoning: 1) Site History: The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A-2 (Agricultural General) District. The County's agricultural zoning districts were Subsequently combined to form the RA (RUral Areas) District upoI1 adoption of all amendment to the Frederick County Zoning Ordinance on May 10, 1989. In 2004, the Board of Supervisors approved Rezoning # 1 1-04 which rezoned the property to the B3 (Lldustrial Transition District) with proffers. On May 13, 2005 the Board of Supervisors approved Rezoning #02-05 which revised the proffers for the site to modify the proffered uses of the site. 2) Coin prehensive Policy Plan: Tile 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan proVldC gUidallce oil the IUIUre development of the property. The property is located within the SWSA. The 2030 Comprehensive Plan identifies this property with a business land use designation. While the requested industrial zoning requested by the Applicant is inconsistent with the comprehensive plan, the use is generally consistent and is assured through the proffer statement. The truss Illa11L1faCtL1ri1lg faculty is Silllllar in 11£ltlll'C to the 84 1-Umber Faculty that previously occupied the site; IlowCVCI', manufacturing is not permitted in the B3 (Industrial Transition) District. The Applicant has proffered a site plan which limits the use of the site to a truss manufacturing facility. Rezoning 1101-16 — 84 Lumber February 17, 2016 Page 4 Transporlalion anal Sile Access: Direct access to Martinsburg Pike will continue to be provided to the development through a single shared commercial entrance which is Yardmaster Court. 4) Proffer Statement: Dated January 18, 2015: A) Gcneral Development Plan. The applicant has proffered to develop the subject property ill SL1bstantlal conformance with the attached site plan for an 84 LLlmber Truss Plant (dated January 28, 2016). B) Vehicle Per Day (VPD) and Land Use Restrictions 1) The Applicant proffers to restrict development Of the 10 acre property to all amOL111t not to exceed a maxil1111111 of 1,393 VPD. 2) "file applicant has proffered to prohibit the following M-I District land uses on the site: • Local and Sllbllrban transit and interurban highway passenger transportation • Business associations; membership organizations; and labor LIlliO11S • Motor freight transportation, excluding warehousing and storage • fransportation by air • Transportation Services • Trllck StOpS C) Transportation 1) Direct access to Martinsburg Pike will be provided through a single shared commercial entrance (Yardmaster Court) to provide ingress and egress for the 10 acre property. 2) Turn lane — Martinsbur)Pike. — completed 3) Signalization — Applicant will provide a pro rata share of the cost of signalization if needed. D) North Buffer. The owner Shall maintain the six foot high earthen berm as the OpagL1C element within the 100 foot wide Category C full screen adjacent to tax parcels 44-A- 76A, 75A, and 7. E) Monetary Contributions to Offset Impact of Development A monetary contrlbut1011 OI $.015/building spare foot, based on additional added square footage. 0 Rezoning 901-16 84 Lumbcr February 17, 2016 Page 5 STAFF CONCLUSIONS FOR 03/02/16 PLANNING COMMISSION MEETING: Tile 84 Lumber application seeks to rezone 10.0 acres from the B-3 (Industrial Transition) District to the M 1 (Light Industrial) District with proffers to enable the operation of a truss manufacturing plant. This 10 acre tract is a portion of a 59 acre tract originally rezoned to the B3 District in 2005 (Adams Property). Tile Northeast Land Use Plan of the 2030 Comprehensive Plan identifies this property with a business land use designation. While the industrial zoning requested by the Applicant is inconsistent with the comprehensive plan, the use is generally consistent and is assured through the proffer statement. Tile truss manufacturing facility is similar in nature to the 84 Lumber Facility that previously occupied the site; however, manufacturing is not permitted in the B3 (Industrial Transition) District. Tile Applicant has proffered a site plan which limits the use oI'tilc site to a truss manufacturing facility (see proffer 1). The impacts associated with the change of use have been limited by the scope of the proffer statement. Therefore, no additional impacts to Frederick COLlllty or the SLIITOLIIldillg property owners are anticipated. Following the 1'equlred pitbllc hearing, a 1'ecommendation retlln'ding this 1'ezoning application to the Board ofSnpervisors would be appropriate The applicant shorrld be preprrr•ed to adertruitely adds-eSs all concenis raised bj) the Planning Commission. 0 PROPOSED PROFFER STATEMENT REZONING: RZ # Industrial Transition District (133) with Proffers to Light Industrial District (MI) with Proffers PROPERTY: 10.00 acres d-/-; Tax Parcel # 44-(A)-75B RECORD OWNER: Pierce Hardy Limited Partnership APPLICANT: Pierce Hardy Limited Partnership ("Applicant") PROJECT NAME: 84 Lumber Truss Plant ORIGINAL DATE OF PROFFERS: January 18, 2015 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 10.00± acres frorn the Industrial Transition (133) District with Proffers to the Light Industrial (M1) District with Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and will have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns . Approval of this proffer statement does not eliminate previously approved proffers associated 44- (A)-75C, 44-(A)-75D, 44-(A)-75E and 44- (A)-75F; which were approved under the conditions set forth in RZ #02-05 approved by the Frederick County Board of Supervisors on April 13, 2005. However, these proffers will alter the previously approved proffer for current Tax Map Parcels 44-(A)-75B. The previous proffer will remain in force for the Property, to the extent that prior proffer is not inconsistent with the current proposed proffer. The subject property, more particularly described as the lands owned by Pierce Hardy Limited Partnership, being all of Tax Map Parcel 44-(A)-75B and further described by Boundary Survey Plat prepared by Michael S. Roberts, dated March 27, 2007 (see attached Boundary Survey Plat). Page 1 of 4 A.) Generalized Development Plan The Owner hereby proffers to re -develop the ten (10.0) f acre property in substantial conformance with the attached site plan for an 84 Lumber Truss Plant 10 f Acre property, dated January 28, 2016. B.) Vehicle Per Day (VPD) and Land Use Restrictions 1.) Conditional Rezoning Application It : Trip generation for the existing and proposed land uses were determined based upon the 8th Edition of the Institute of Transportation Engineers' ("ITE") Trip Generation Report. Accordingly, ITE Land Use Code 812 (Building and Lumber Store) was used to calculate the trips associated with the by- right 84 Lumber and ITE Land Use Code 140 was used to calculate the trips associated with the proposed truss manufacturing plant. The Applicant hereby proffers to restrict development of the 10.0 f acre property to an amount not to exceed a maximum of 1393 VPD. 2.) The Owner hereby profilers to prohibit the following M-1 District land uses within 10.0 1 acre property: ■ Local and suburban transit and interurban highway passenger transportation. ■ Business associations; membership organizations; and labor unions ■ Motor freight transportation, excluding warehousing and storage ■ Transportation by air ■ Transportation services ■ Truck stops C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) is provided through a single shared commercial entrance to provide ingress and egress for the 10.0± acre property and all parcels previously subdivided From tax parcel 44-A-75. All other access will be prohibited. This shared commercial entrance has been constructed to align with the existing commercial entrance to the APAC site located on the opposite side of' Martinsburg Pike. 2.) Right -turn deceleration lane on Route 11: Reference is made to Proffer C2 in 2005 proffers on this property. The installation is complete. Page 2 of 4 3.) Signalization Reference is made to Proffer C4 in 2005 proffers on this property. Based Upon the trip generation study, once the new site is in operation, it will generate less trips per day than what was previously approved. Thus, the need for signalization will only be caused by the build -out of tiie remaining portion of the originally rezoned property. Since this site will be re- developed separately from the "entire property", this requirement sllould not be applicable to the instant proffer package. However, Owner acknowledges that it will bear a pro rata share of the cost of signalization, should a signal ever be needed. D.) North Buffer The Owner hereby proffers to maintain the six foot high earthen berm as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to tax parcels 44-(A)-76A, 44-(A) -75A, a n d 44-(A)-7. E.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffer s that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .0151 building square foot, based upon any additional square footage added for the redeveloped site. This payment is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid prior to issuance of the building occupancy permits. F.) Signatures The Conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Page 3 of 4 Respectfully Submitted: Vice President Pierce Hardy Limited Partnership COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF WASHINGIFON On this, the 291h day of January, 2016, before me, Bethany Cypher, the undersigned officer, personally appeared Cheri Bomar, who acknowledged h e r self to be the Assistant Vice President of Pierce Hardy Limited Partnership, a Pennsylvania Limited Partnership, and that she, as such Assistant Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the limited partnership by herself as Assistant Vice President. In witness whereof, I hereunto set my hand and official seal. C Notary Public COMMONWEALTH Of PENNIMVANA NOTARIAL SEAL BETHANYL CYPHER Notary Public NOi1TIj STRABANE TWP WASHINGTON CNTY Mj Commission Expires Apr 14, 2017 Page 4 of 4 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number C) (G PC Hearing Date _J1 co Fee Amount Paid $ 11 OCC Date Received _� I I L.0 BOS Hearing Date y ),3 I to The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Pierce Hardy Limited Partnership Address: 1019 Route 519, Eighty -Four, PA 15330 2. Property Owner (if different than above): Name: Address: 3. Contact person if other than above: Name: James Zaunick / Deborah Schwab Telephone: 724-228-3636 Telephone: Telephone: 724-228-3636 4. Property Information: a. Property Identification Number(s): 44-A-75B b. Total acreage to be rezoned: 10.0 acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): _ d. Current zoning designation(s) and acreage(s) in each designation: B-3 - 10.0 acres e. Proposed zoning designation(s) and acreage(s) in each designation: M-1 - 10.0 acres f. Magisterial District(s): Stonewall 12 • 0 0 • 5. Checklist: Check the following items that have been included with this application. Location map [_�_ Agency Coinments El Plat ✓�_ Fees _ ✓ Deed to property ✓ �_ Impact Analysis Statement ✓� Verification of taxes paid ✓�_ Proffer Statement ✓ Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf's) of all submitted documents, maps and exhibits ✓ G. 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: Pierce Hardy Limited Partnership 7. Adjoining Property: PARCEL ID NUMBER 44-A-75A 44-A-75C 44-A-75D 44-A-75E 44-A-75F 44-A-76A / 44-A-77 USE RESIDENTIAL Commercial/Retail Commercial/Retail Commercial/Retail RESIDENTIAL V B-3 MH1 B-3 B-3 RA ZONING 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): 240 Yardmaster Court, Winchester, VA 22603 13 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 1 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: 2,600 Service Station: 0 Retail: 0 Manufacturing: 27,080 Restaurant: 0 Warehouse: 54,650 Commercial: 50,000 Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): (i''� Date: Owner(s): 14 Date: Date: Date: r7 L-A Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: 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 KIIow All Men By These Presents: That I (We) (Name) Pierce Hardy Limited Partnership (Address) 1019 Roulo 519, Eighty -Four, PA 15330 (Phone) 724-228-3636 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050027277 on Page 1135 , and is described as Parcel: Lot: Block: Section: Subdivision: Tax parcel 10 a 44-A-75B do hereby make, constitute and appoint: (Name) Jim Zaunick or his designee (Phone) 724-228-3636 (Address) 1019 Route 519, Eighty -Four, PA 15330 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) �91onditional Use Permit M_ _ aster Development Plan (Preliminary and Final) /Subdivision ate Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and sea] this 24th day of November , 2015 , Signature(s) k , % (\1­ — Comm o,,VJUP� 0k PeUsylVA N«, ', II -Statc-of-virginia;�/County of /V� L, To -wit: I, \'1CLf1 t__ . ( 1 ry , a Notary Public in and for the jurisdiction aforesaid, certify that the p rson(s) wli signed to the foregoing instrument personally appeared before me and has acknowledged the ame efore me in the jurisdiction aforesaid this j= day of v,1 1 , 2015 n � My Commission Expires: Notary Public `COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL tit n Notary Public NORTH STRABANE TWP., WASHINGTON CNTY My Commission Expires Apr K 2017 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.fredericic.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 These Presents: That I (We) (Name) Pierce Hardy Limited Partnership (Address) 1019 Route 519, Eighty -Four, PA 15330 (Phone) 724-228-3636 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050027277 on Page 1135 _ , and is described as Parcel: Lot: Block: Section do hereby make, constitute and appoint: (Name) Jim Zaunick or his designee (Address) 1019 Route 519, Elghty-Four, PA 15330 Subdivision: Tax parcel ID # 44-A-75B (Phone) 724-228-3636 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) conditional Use Permit Master Development Plan (Preliminary and Final) _Subdivision ><te Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 24th day of November 2015 Signature(s) _— � , % (\"- - --- — CoMa�o�wCA��-E, o�PeNKsyIUgN�. -�t�ttt efiiia; �/County of WA , To -wit: 1,�iC�fl �__. �S� a Notary Public in and for the jurisdiction aforesaid, certify that the rson(s) wh signed to the foregoing instrument grsonally appeared before me and has acknowledged the Same }before me in the jurisdiction aforesaid this �= day of Aloyi%ibm, 2015 (_- `�f _ __ My Commission Expires: 1�Y �' i _ ( d-1 2 u Notary Publ1c COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RFTHANYLCYPHER Notary Public \\� NORTH STRABANE TWP., WASHINGTON CNIY My Commission Expires Apr 14, 2017 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.fredericic.va.us Department of PIanning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Pierce Hardy Limited Partnership (Phone) 724-228-3636 (Address) 1019 Route 519, Elghly-Four, PA 15330 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050027277 on Page 1135 Parcel: Lot: Block: Section: do hereby make, constitute and appoint: (Name) Jim Zaunlck or his designee and is described as Subdivision: Tax parcel ID # 44-A-7513 (Phone) 724-228-3636 (Address) 1019 Route 519, Eighty -Four, PA 15330 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) conditional Use Permit Master Development Plan (Preliminary and Final) _Subdivision - V><te Plan ariance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 24th day of November 2015 Signature(s)--- 00M4A§VNVJC41A oFIBhHSy�lr'AN�q ia; J"y/County of Vloi To -wit: C_X , a Notary Public in and for the jurisdiction aforesaid, certify that the rson(s) wh signed to the foregoing instrument personally appeared before me and has ,acknowledged the ,ame }Pefore mein the jurisdiction aforesaid this. _ day of IouNEat„ , 2015 My Commission Expires:'I_ Notary Publ c COMMONWEALTH OF PENN_SYLVA_NI_A_ NOTARIAL SEAL Uy BEIHANYLCYPHER Notary Public �\ NORTH STRABANE TWR, WASHINGTON CL'TY 1Ay Commlaalon ExpIroa Apr 14, 2017 TECHNICAL MEMO TO: James Zaunick, PE 84 Lumber Company FROM: Michael Glickman, PE, PTOE Volkert, Inc. DATE: October 3, 2015 PROJECT: 84 Lumber — Rezoning Application Stephenson, VA REFERENCE: Trip Generation Comparison INTRODUCTION 040" -`i.0I1 of ,'i Y NICIIAEL CLICKMA\ be. No. 38666 Michael C Glickman 2015.10.03 13.03:03-04'00' voikert Inc. Alexandria, virginla Traffic Engineer Volkert, Inc. has prepared this memorandum to document the trip generation impacts associated with rezoning the current "by -right" 84 Lumber site located along Yardmaster Court in Stephenson, Virginia. The proposed site is to include a truss manufacturing plant that would utilize the existing 34,516 square feet of building space formerly occupied by 84 Lumber. The purpose of this memorandum is to provide the differential in trips between the "proposed" land use (manufacturing plant) and the "by -right" site (Lumber 84) in order to determine if a Traffic Impact Study would be required per Virginia Department of Transportation (VDOT) Traffic Impact Analyses Regulations (24VA30-155). Figure 1 is provided to show the location of the site with respect to the surrounding roadway network. Figure 1: Location Map Volkert, Inc. Page 11 TECHNICAL MEMO TRIP GENERATION Trip generation for the existing and proposed land uses were determined based upon the 81h Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Accordingly, ITE Land Use Code 812 (Building and Lumber Store) was used to calculate the trips associated with the by - right 84 Lumber and ITE Land Use Code 140 was used to calculate the trips associated with the proposed truss manufacturing plant. Using the rates and equations provided in the aforementioned ITE Trip Generation Report, Table 1A shows the "by -right" weekday Average Daily Trips (ADT) and the weekday AM/PM peak hour trips based upon the existing 34,516 square feet of building space. Table 1 B provides the "proposed" weekday ADT and the weekday AM/PM peak hour trips based upon 60 employees working over two (2) working shifts. Note: Shift 1 will consist of 36 employees and will operate from 7 AM — 5 PM and Shift 2 will include 24 employees operating between 4 PM — 12 AM (midnight). Table 1 C provides a trip generation comparison between both land uses in order to demonstrate the relative impacts of the proposed truss manufacturing plant. Table 1A By -►fight Development: Lumber Yard Ttin Generntion Summate Code Land Use Amou°t AM Peak Hour In Out Total PM Peak Hour In Out Total ADT 812 Building Materials & Lumber Store 34,568 SE 60 30 90 86 97 183 1,393 Total 1 60 30 90 86 97 183 1,393 Table 1 B Proposed Development: Manufactlning Ttin Generntion Snmmaty Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT 140 Manufacturing 36 Employees* 16 6 22 14 12 26 309 140 Manufacturing 24 Employees** - - - 12 4 16 288 Total 1 16 6 22 26 16 42 597 * Shift 1: 7 AM - 5 PM (60% of Employees) ** Shift 2: 4 PM - 12 AM (40% of Employees) Volkert, Inc. Page 12 TECHNICAL MEMO Table 1 C Proposed Development v/s By -light Development THD Generation Sunimary AM Peak Ilour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT Difference (Proposed t/s By -right) 44 -24 -68 -60 -81 -141 -796 CONCLUSION Per Table 1 C above, the proposed truss manufacturing plant would result in a reduction of 68 AM peak hour trips, 141 PM peak hour trips and 796 average daily trips from the currently zoned 84 Lumber site. It has, therefore, been concluded that the proposed rezoning would not cause added traffic impacts and that a Traffic Impact Study would not be required. Volkert, Inc. Page 13 Ir TECHNICAL MEMO TO: James Zaunick, PE 84 Lumber Company FROM: Michael Glickman, PE, PTOE Volkert, Inc. DATE: October 3, 2015 PROJECT: 84 Lumber — Rezoning Application Stephenson, VA REFERENCE: Trip Generation Comparison INTRODUCTION U1,G Michael C Glickman 2015.10.03 13.03:03 -04'00' Volkert Inc. Alexandria, Virginia Traffic Engineer Volkert, Inc. has prepared this memorandum to document the trip generation impacts associated with rezoning the current "by -right" 84 Lumber site located along Yardmaster Court in Stephenson. Virginia. The proposed site is to include a truss manufacturing plant that would utilize the existing 34,516 square feet of building space formerly occupied by 84 Lumber. The purpose of this memorandum is to provide the differential in trips between the "proposed" land use (manufacturing plant) and the "by -right" site (Lumber 84) in order to determine if a Traffic Impact Study would be required per Virginia Department of Transportation (VDOT) Traffic Impact Analyses Regulations (24VA30-155). Figure 1 is provided to show the location of the site with respect to the surrounding roadway network. Figure 1: Location Map Volkert, Inc. Pa (I c, TECHNICAL MEMO TRIP GENERATION Trip generation for the existing and proposed land uses were determined based upon the 8th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Accordingly, ITE Land Use Code 812 (Building and Lumber Store) was used to calculate the trips associated with the by - right 84 Lumber and ITE Land Use Code 140 was used to calculate the trips associated with the proposed truss manufacturing plant. Using the rates and equations provided in the aforementioned ITE Trip Generation Report, Table 1A shows the "by -right" weekday Average Daily Trips (ADT) and the weekday AM/PM peak hour trips based upon the existing 34,516 square feet of building space. Table 1 B provides the "proposed" weekday ADT and the weekday AM/PM peak hour trips based upon 60 employees working over two (2) working shifts. Note: Shift 1 will consist of 36 employees and will operate from 7 AM — 5 PM and Shift 2 will include 24 employees operating between 4 PM — 12 AM (midnight). Table 1 C provides a trip generation comparison between both land uses in order to demonstrate the relative impacts of the proposed truss manufacturing plant. Table 1A By -right Development: Lumber Yard Ttin C i nP.mtinn irtmmstry Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT 812 Building Materials & Ltunber Store 34,568 SF 60 30 90 86 97 183 1,393 Total 60 30 90 86 97 183 1,393 Table 1 B Proposed Development: Manufacturing Tvin C:evw-.mtinn finmmnty Code Land Use Amount AM Peak hour In Out Total In PM Peak Hour Out Total ADT 140 Manufacturing 36 Employees* 16 6 22 14 12 26 309 140 Manufacturing 24 Employees** - - - 12 4 16 288 Total 1 16 6 22 26 16 42 597 * Shifl 1: 7 AM - 5 PM (60% of Employees) ** Shill 2: 4 PM - 12 AM (40% of Employees) Volkert, Inc. Page 12 TECHNICAL MEMO Table 1 C Proposed Development v/s By -light Development TiiD Generation Summary Code Land Use Amount AM Peak (lour In Out Total PM Peak Hour In Out Total ADT Difference (Proposer/ Wy By -right) 44 -24 -68 -60 -81 -141 -796 CONCLUSION Per Table 1 C above, the proposed truss manufacturing plant would result in a reduction of 68 AM peak hour trips, 141 PM peak hour trips and 796 average daily trips from the currently zoned 84 Lumber site. It has, therefore, been concluded that the proposed rezoning would not cause added traffic impacts and that a Traffic Impact Study would not be required. Volkert, Inc. Page 13 TECHNICAL MEMO TO: James Zaunick, PE � 0Tll OF 1 84 Lumber Company o� �c FROM: Michael Glickman, PE, PTOE y Volkert, Inc. 1dICHAF.1, GLICICtfA'� Lie. No. 38666 0 DATE: October 3, 2015 S'/ON A I. PROJECT: 84 Lumber — Rezoning Application Stephenson, VA Michael C Glickman 2015.10.03 13:03:03-04'00' REFERENCE: Trip Generation Comparison ,vexarxPt,vk" Traffic sneer INTRODUCTION Volkert, Inc. has prepared this memorandum to document the trip generation impacts associated with rezoning the current "by -right" 84 Lumber site located along Yardmaster Court in Stephenson, Virginia. The proposed site is to include a truss manufacturing plant that would utilize the existing 34,516 square feet of building space formerly occupied by 84 Lumber. The purpose of this memorandum is to provide the differential in trips between the "proposed" land use (manufacturing plant) and the "by -right" site (Lumber 84) in order to determine if a Traffic Impact Study would be required per Virginia Department of Transportation (VDOT) Traffic Impact Analyses Regulations (24VA30-155). Figure 1 is provided to show the location of the site with respect to the surrounding roadway network. Figure 1: Location Map Volkert, Inc. Pay(. I u TECHNICAL MEMO TRIP GENERATION Trip generation for the existing and proposed land uses were determined based upon the 8th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Accordingly, ITE Land Use Code 812 (Building and Lumber Store) was used to calculate the trips associated with the by - right 84 Lumber and ITE Land Use Code 140 was used to calculate the trips associated with the proposed truss manufacturing plant. Using the rates and equations provided in the aforementioned ITE Trip Generation Report, Table 1A shows the "by -right" weekday Average Daily Trips (ADT) and the weekday AM/PM peak hour trips based upon the existing 34,516 square feet of building space. Table 113 provides the "proposed" weekday ADT and the weekday AM/PM peak hour trips based upon 60 employees working over two (2) working shifts. Note: Shift 1 will consist of 36 employees and will operate from 7 AM — 5 PM and Shift 2 will include 24 employees operating between 4 PM — 12 AM (midnight). Table I provides a trip generation comparison between both land uses in order to demonstrate the relative impacts of the proposed truss manufacturing plant. Table 1A By-riglit Development: Lumber Yard Trio Generation Summary Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT 812 BuMing Materials & Lwnber Store 34,568 SF 60 30 90 86 97 183 1,393 Total 60 30 90 86 97 183 1,393 Table 1B Proposed Development: Manufacturing TYio Generation Summary Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT 140 Manufacturing 36 Eniployces* 16 6 22 14 12 26 309 140 Manufacturing 24 Employees** - - - 12 4 16 288 Total 16 6 22 1 26 16 42 5 * Shifl 1: 7 AM - 5 PM (600ro of Employees) ** Shifl 2:4 PM - 12 AM (40% of Employees) Volkert, Inc. Page 12 TECHNICAL MEMO Table 1 C Proposed Development v/s By -right Development Trip Generation Summary AM Peak Hour PM Peak Hour Code I.a► d Use Amount In Out Total In Out Total ADT Difference (Proposed v/s Bjuright) -44 -14 -68 -60 -81 -141 -796 CONCLUSION Per Table 1 C above, the proposed truss manufacturing plant would result in a reduction of 68 AM peak hour trips, 141 PM peak hour trips and 796 average daily trips from the currently zoned 84 Lumber site. It has, therefore, been concluded that the proposed rezoning would not cause added traffic impacts and that a Traffic Impact Study would not be required. Volkert, Inc;. Page 13 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: 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 These Presents: That I (We) (Name) Pierce Hardy Limited Partnership (Phone) 724-228-3636 (Address) 1019 Route 519, Elghty-Four, PA 15330 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050027277 on Page 1136 , and is described as Parcel: Lot: Block: Section do hereby make, constitute and appoint: Subdivision: Tax parcel ID # 44-A-75B (Name) (Phone) 724-228-3636 (Address) 1019 Route 519, Elghty-Four, PA 15330 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of , 20 , Signature(s) State of Virginia, City/County of , To -wit: I, , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of , 20 My Commission Expires: Notary Public PIEHC:t HAHUY LV 0 22564 Payee: TREASFRED - TREASURER OF FREDERICK COUNTY Date: 11/12/2015 Date Reference # Transaction # Description Invoice Amount Discount Net Amount 11/12/2015 111215 IN 108148 AP 11,000.00 0.00 11,000.00 Total for: TREASFRED - TREASURER OF FREDERICK COUNTY 11,000.00 0.00 11,000.00 PNC BANK PIERCE HARDY LP 1019 ROUTE 519 BLDG. #8 EIGHTY FOUR, �A 15330 22564 DATE AMOUNT 11/12/2015 ..R!$ 11,000.00 PAY: ELEVEN THOUSAND DOLLARS AND ZERO CENTS**********R*RRRtkRRR!!***RRRRtR**!tR*t R!***t*RRR*RRRR**!R**!R TO THE TREASURER OF FREDERICK COUNTY ORDER 107 N KENT ST OF WINCHESTER VA 22801- nr AUT D NATURE II10 2 2 5641I' 1:0Li 300009611: L L Sat, 3607 LII■ 1970 RECEIPT DATE-04'J_(.n — NO. 9 8 3 3 7 8 RECEIVED FROM _ �� I F- rce ADDRESSJQIC)I i e SICK �L1` �f FictF�1y 'ro<< v IAA ISM_ ever--l—i"iln�. SclOd-T)C5 FOR J 4-I Ll HOW PAID _ �y� yat-d MOSI'C✓ C t AMT.I 1 1 CJt 1lC��esi c ,yR ��CP0 [3Y ©2001 �ctrcart,rr� IILIIlII REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed b), Planning Sl(rf: Fee Amount Paid $ Zoning Amendment Number Date Received _ PC Hearing Date BOS Hearing Date_ The following in rmalion shall be provided by the aJ)plicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Pierce Hardy Limited Partnership Address: 1019 Route 519, Eighty -Four, PA 15330 Telephone: 724-228-3636 2. Property Owner (if different than above): Name: Telephone: Address: 3. Contact person if other than above: Name: James Zaunick / Deborah Schwab Telephone: 724-228-3636 4. Property Information: a. Property Identification Number(s): 44-A-75B b. Total acreage to be rezoned: 10.0 acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: B-3 - 10.0 acres e. Proposed zoning designation(s) and acreage(s) in each designation: M-1 - 10.0 acres f. Magisterial District(s): Stonewall 12 5. Checklist: Check the following items that have been included with this application. Location map ( _✓_ I Agency Comments Plat dVE ✓ IFeesDeed to property Impact Analysis Statement J ✓ �_ Verification of taxes paid J✓L Proffer Statement _� ✓ L Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf's) of all submitted documents, maps and exhibits _I ✓.I_ 6. 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: Pierce Hardy Limited Partnership 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 44-A-75A RESIDENTIAL RA 44-A-75C Commercial/Retail B-3 44-A-75D M H 1 44-A-75E Commercial/Retail B-3 44-A-75F Commercial/Retail B-3 44-A-76A / 44-A-77 RESIDENTIAL RA 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): 240 Yardmaster Court, Winchester, VA 22603 13 GENERAL INFORMATION PROJECT OWNER/ PIERCE HARDY LIMITED PARTNERSHIP (PHLP) DEVELOPER: 1019 RTE 519 EIGHTY FOUR, PA 15330 P 724-228-3636 F 724-228-2630 CONTACT: JIM ZAUNICK a1380 PROJECT TENANT: 84 LUMBER 1019 RTE 519 EIGHTY FOUR, PA 15330 P 724-228-3836 F 724-228-2630 CONTACT; JIM ZAUNICK > 1380 PROJECT ADDRESS: 84 LUMBER 240 YARDMASTER COURT FREDERICK COUNTY, VIRGINIA DESIGN AVBEL ENGINEERING PROFESSIONAL 1019 RTE 519 EIGHTY FOUR, PA 15330 P 724-705-1400 CONTACT: VERNON E SMITH SITE INFORMATION ZONING: B-3 — INDUSTRIAL TRANSITION DISTRICT PARCEL ID: 44—A-758 LOT SIZE: 10.02 ACRES APPROVED BY THE FREDERICK COUNTY ZONING ADMINISTRATOR APPROVAL DATE (ZONING ADMINISTRATOR) SITE PLAN VALID FOR FIVE (5) Y64RS FROM APPROVAL DATE. TRUSS PLAINT CONVERSION YARDMASTER COURT FREDERICK COUNTY STONEWALL MAGISTERIAL DISTRICT WINCHESTER, VIRGINIA 84 LUMBER COMPANY 1019 ROUTE 519 EIGHTY FOUR, PA 15330 (724) 228-3636 LOCA TIN MAP SHEET A00 COVER SHEET CM! EA60oEERAMC PLANS — AMEL. ENOWERM SHEET C01 SITE/UTILITY PLAN SHEET A00 Nor e[ FcIPP fy the Adorns Oevdgw^enf LSoa��. Mt. 467) Mstivmmt Na 0.jO015/2f1 (See Not at hlsbwnant Na fNo01T'i of Tm Yap Na 44-A-73 zmng = DJ (btatbld rr vi— Dist[at) Use = VT:t R "44a[ DODW Lqy \ \•7� PROPOSED CONCRETE Q y / EXISTING � ASPHALT 2�Yb %-- SrzBeeo `L�'R7N P,O H: \ zp, 4tJrCpf co EC •Bf' STOp.�� Tp 330 yavt ^ro oP fuss zs' CSPgrN �rgCS��`'4BCY O\ V 250W \ \ 9 y. z3owt \ \ ^U \ 00 \ 230W \ 96� SF/CO7NC \ \ 230W 0� IXIrnNc > � ASPHALT \1\p\ slyFa ` \ \ \` 23oT\\\ �2s w z�W \ \ /�x' coNDurts DATA t PHONEt �4a rc`P�C��w R � SCALE: 7410 4 i' = so' 50 25 0 50 100 x b \ 5e\^ F NEW 1^ WATER +A j • NEW 1 r FORCE MAN /Q ENCLOSE 6.000 SF OF BUILDING 5 MR NEW SAW OPERARONS ANO / CONSTRUCT 1.080 SF CANOPY NEW ELECTRIC SERVICE IX. WOOD BIKE / Nor a fomNFfy the Adam fk�elopnmf GGYYdd pp,, hla .hutYM7lnf Na OJO(1/5110 (See Mat at Matiwnenf N. 0IfA7I7167) ResnLe Of Ta.Y Ycp Nor 44-A-75 7miLq = dJ (MCUsbid 7-6hn Diatric() Ux = Yarart CONDUITS INSTALEXISTING SIGN Sig L DATA n PHONE 250W IN SAME TRENCH AS NEW / ELECTRIC SERVICE b' 1N i•�� F \ . / /4i \ N AS�p11IL�T NEW ETECLRK: SEANCE i OWNER ^/ D PER PIERCE HARDY LIMITED PARTNERSHIP 1019 ROUTE 319 EIGHTY FOUR. PA— (724)-228-3638 e° Lv,+iaER 0 VICINITY MAP N.T.S. BALTIMORE UTLITY rFOfiMAT10N WATER / SEWER, FREOEPoK COUNTY 541RARON AUTHORITY PHONE P.O. SOX 1877 VERIZON P.O. BO% WINCHESTER. VA 22804 (540) E66-1061 (301) 934 POWER: At1E0HENY POWER CAS: SHOiN1DN P.O. 80% 7438 IUGERS'TOYM, MD. 21747 P.O. BOX wINCNFSTE 1-800-834-3317 (540) 869 NRGINN UTILITYPROTECTION SEANCE 1-800-352-J001 1.) BLDG 1 CONVERSION OF EXISTING 34.4305E TO PANEL ASSEMBLY BLDG. 2.) BLDC 2 CONVERSION OF E%ISIR10 20.000SF STORAGE BLD6 TO TRUSS ASSD/BLY. 3.) BLOC 5 ENCLOSE 6,000SF OF IXIrnNC SHED CONVERT TO SAW SHED. {,) RELOCATE EXISTINGFENCE IN FRONT PARKING LOT AND 1W 45 ADDITIONAL PARKING SPACES 5.) INSTALL NEW UTILITIESAS SHOW ON PLAN. 6. REPLACE ASPHALT WfM CONCRETE A5 INDICTED ON PLAN J.) NEW LIGHTFl%fUlE6 AS SHOWN ON PLAN NOIL 1 $ffE LS LOCATED ON TAX PARCEL 44-A-I5e of THE ADAMS DEVELOPMENT AS RECORDED IN JULY 2005 2} THERE ME No ENTRAN(XS WRHM zoo' of THIS PROPERTY 3 THERE ARE No WETLANDS ON THE PROPERLY 4 1EIE PROPERLY 6 NOT WITHIN THE 100-YR FL.000 PLAIN 3 ALL EASEMENTS ARE EXISTING B ME LANE IYAtlQ105 AND $IGEYGE ANY 'NO PARKING' SIGNS AND YELLOW �. PAINTED CURB LOCATIONS WILL BE INSTALLED BY FIELD INSPECTION AT THE DIRECTION OF THE FIRE YIASFNLL'S OFFICE HTE lFOFiAA7K)Il IX.IONING: B-3 - INDUSTRIAL TRANSITION DISTRICT PRPOSED ZONING: N-1 - INDIISRON, i PARCEL NO. 44-A-758 ACRES; 10.02 i (-4T nm-i REQUIRED FRONDED LOT AREA: N/A L0.0 AC DEVELOPED AREI• N/A 10.0 AC lANOSCAPm AREA 2 W MIN. 27S 504' LOT WIDTH: FRONT YARD: 75' MIN. 35' 510E YARD: 25' MIN. 70' AFAR YARD: 25' MIN. 100' n FLOOR AREA RATIO: 1.0 MAX. PARKING SPACE SAE: 1E0 S.F. MIN. ! PRCMDm PARKINGAISLE: 22' MIN. - 24' PROVIDED HANDICAP SPACE: 12' WIDE. MIN. - 12' FRONDED EXISTING PARKING PROVIDED- 42 SPACES HANDICAP ACCESSIBLE SPACE PRONOED� 3 FNNDN1P SPACES REOUIRm� 1/25 REGULAR SPACES 2 MANUFACTURING: I.SSP/EMPLOYEE X 50 - 75 SPICES OFFICE: 15P/250SF % 2,800 - 11 SPACES PROPOSED ADDITIONAL PARKING: IS SPACE TOTAL PARKING: 87 SPACES ENDING SPACES: 1/40.000SF REQUIRED - 3 PROVIDED 12'%45' REWIRED - I4'X50' PROVIOm 'LOYAL FLOOR AREA - 63,250 S.F. / {35,li00-T9.17[ TOTAL GROUND FLOOR AREA � N. '30 S,F. LANDSCAPING NOTE: ALL LANDSCAPING AND BUFFERS ARE IXIrnNC STORM WATER MNGT NOTE ENTIRE DEVELOPMENT 5 EXISTING iWLM IX. POND) NO ADDITIONAL STORM WATER OR EROSION CONTROL NEEDED TRUSS PLANT sue; ' � �=so' 5fT£/U77LITY PLAN JOB NO. YARDMASTER COURT SFlttl rvu. DESIGN BY ,gTp]VE)►p(,L ,YACISTERLdL DISTR/CT DRAWN 81': fREDERlCK COUNTY, VA ne7c• 1 c-� AMENDMENT o cs, Action: PLANNING COMMISSION: March 2, 2016 - Recommended Approval BOARD OF SUPERVISORS: April 13, 2016 - N APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-16 84 LUMBER WHEREAS, Rezoning #01-16 of 84 Lumber, submitted by Pierce Hardy Limited Partnership, to rezone 10 acres from the B3 (Industrial Transition) District with Proffers to the M 1 (Light Industrial) District with Proffers, final revision date of January 18, 2016 was considered. The property is located at 240 Yardmaster Court, at the end of the unsignalized intersection of Yardmaster Court and Martinsburg Pike (Route 11 North). The property is further identified with PIN 44-A-75B in the Stonewall Magisterial District; and WHEREAS, the Planning Commission lield a public hearing on this rezoning on March 2, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 13, 2016; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 10 acres from the B3 (Industrial Transition) District to the M1 (Light Industrial) District with proffers, final revision date January 18, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is attached. PDRes #07-16 �J -2- This ordinance shall be in effect on the date of adoption. Passed this 13th clay of April, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Cliairnian Aye Robert A. IIess Aye Gene F. Fislier Aye Blaine P. Dunn Aye PDRes #07-16 BOS Res. #063-16 Gary A. Lofton Aye Robert W. Wells Aye Judith McCann -Slaughter Aye A COPY ATTEST renda G. Gal; oil Frederick County Administrator VIRGIMA; FR-2DL'12ICK COUNTY.SCT. This instrument of writing was produced to me on and with cartificatc acknowledgement thereto annexed was admitted to record. Tar imposed by Sec. 58.1-802 of 5..._., and 58.1-801 have been paid, if assessable. 6e4 , Clerk c� 0 csi 0 --1 0 U fiUEf e1. :),44 PROFFER STATEMENT REZONING: RZ # 1-16 Industrial Transition District (133) with Proffers to Light Industrial District (M1) with Proffers PROPERTY: 10.00 acres d-/-; Tax Parcel # 44-(A)-75B RECORD OWNER: Pierce Hardy Limited Partnership APPLICANT: Pierce Hardy Limited Partnership ("Applicant") PROJECT NAME: 84 Lumber Truss Plant ORIGINAL DATE OF PROFFERS: January 18, 2016 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #1-16 for the rezoning of 10.00f acres from the Industrial Transition (133) District with Proffers to the Light Industrial (M1) District with Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and will have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. Approval of this proffer statement does not eliminate previously approved proffers associated 44- (A)-75C, 44-(A)-75D, 44-(A)-75E and 44- (A)-75F; which were approved and cr the conditions set forth in RZ #02-05 approved by the Frederick County Board of Supervisors on April 13, 2005. However, these proffers will alter the previously approved proffer for current Tax Map Parcels 44-(A)-75B. The previous proffer will remain in force for the Property, to the extent that prior proffer is not inconsistent with the current proposed proffer. The subject property, more particularly described as the lands owned by Pierce Hardy Limited Partnership, being all of Tax Map Parcel 44-(A)-75B and further described by Boundary Survey Plat prepared by Michael S. Roberts, dated March 27, 2007 (see attached Boundary Survey Plat). Page 1 of 4 0 L_J TT A.) Generalized Development Plan L� The Owner hereby proffers to re -develop the ten (10.0) ± acre property in substantial ice, conformance with the attached site plan for an 84 Lumber Truss Plant 10 f Acre properly, dated January 28, 2016. B.) Vehicle Per Day (VPD) and Land Use Restrictions 1.) Conditional Rezoning Application ## 1-16: Trip generation for the existing and proposed land uses were determined based upon the 8th Edition of the Institute of Transportation Engineers' ("ITE") Trip Generation Report. Accordingly, ITE Land Use Code 812 (Building and Lumber Store) was used to calculate the trips associated with the by- right 84 Lumber and ITE Land Use Code 140 was used to calculate the trips associated with the proposed truss manufacturing plant. The Applicant hereby proffers to restrict development of the 10.0 ± acre property to an amount not to exceed a maximum of 1393 VPD. 2.) The Owner hereby proffers to prohibit the following M-1 District land uses within 10.0 ± acre property: ■ Local and suburban transit and interurban highway passenger transportation. ■ Business associations; membership organizations; and labor unions ■ Motor freight transportation, excluding warehousing and storage ■ Transportation by air ■ Transportation services ■ Truck stops C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) is provided through a single shared commercial entrance to provide ingress and egress for the 10.0± acre property and all parcels previously subdivided from tax parcel 44-A-75. All other access will be prohibited. This shared commercial entrance has been constructed to align with the existing commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Right -turn deceleration lane on Route 11: Reference is made to Proffer C2 in 2005 proffers on this property. The installation is complete. Page 2 of 4 3.) Signalization Reference is made to Proffer C4 in 2005 proffers on this property. Owner acknowledges that it will bear a pro rata share of the cost of signalization, should a signal ever be needed. D.) North Buffer The Owner hereby proffers to maintain the six foot high earthen berm as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to tax parcels 44-(A)-76A, 44-(A)-75A, and 44- (A)-77. E.) Monetary Contribution to Offset Impact of Dcvclo The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application 41-16 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .015/ building square foot, based upon any additional square footage added for the redeveloped site. This payment is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid prior to issuance of the building occupancy permits. F.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Page 3 of 4 • Respectful ly Submitted: WITNESS: Cheri Bomar — Asst. Vice President Pierce Hardy Limited Partnership COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF WASI-iINGTON On this, the 10°i day of March, 2016, before me, Bethany Cypher, the undersigned officer, personally appeared Cheri Bomar, who acknowledged herself to be the Assistant Vice President of Pierce Hardy Limited Partnership, a Pennsylvania Limited Partnership, and that she, as such Assistant Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the limited partnership by herself as Assistant Vice President. In witness whereof, I hereunto set my hand and official seal. C=AL WEALTH OF PENNSYLVANIA AHERcNOµpp IN�T20M'�NfY 0 Page 4 of 4 GENERAL INr JRMATION PROJECT OWNER/ PIERCE HARDY LIMITED PARTNERSHIP (PHL.P) DEVELOPER: 1019 RTE 519 EIGHTY FOUR, PA 15330 P 724-228-3636 F 724-226-2630 CONTACT: JIM ZAUNICK .1380 PROJECT TENANT: 84 LUMBER 1019 RTE 519 EIGHTY FOUR, PA 15330 P 724-228-3636 F 724-228-2630 CONTACT: JIM 2AUNICK XT380 PROJECT ADDRESS: 84 LUMBER 240 YARDMASTER COURT FREDERICK COUNTY, VIRGINIA DESIGN AVBEL ENGINEERING PROFESSIONAL EIGHTY FOUR,9 PA 15330 P 724-705-1400 CONTACT: VERNON E SMITH SITE INFORMATION ZONING: B-3 - INDUSTRIAL TRANSITION DISTRICT PARCEL ID. 44-A-758 LOT SIZE: 10.02 ACRES APPROVED BY THE FREDERICK COUNTY ZONING ADMINISTRATOR APPROVAL DATE (ZONING ADMINISTRATOR) SITE PLAN VALID FOR FIVE (5) YEARS FROM APPROVAL DATE. H4 TRUSS PLANT YARDMASTI�;R FREDERICK C STONEWALL MAGISTE WINCHESTER, 84 LUMBER C 1019 ROUT EIGHTY FOUR, (724) 228- / Bi rT CONVERSION 57ER C0 URT WK CO UNT Y �ISTERIAL DISTRICT "ER, VIRGINIA ER COMPANY zOUTE 519 ' Uh', PA 15330 228-3636 LOCATION MAP SHEET A00 COVER SHEET CNNL ENGOVE l W PLANS - AVOEL EAGUA WM SHEET COI SITE/UTILITY PLAN c c.. SHEET A00 V J CA / 41q Q PROPOSED tf / Ow CONCRETE .4 a Aa. v farmslr /, 8 . p�, Bust, '"' M,�°"'oram,& M` �pQ / co FF oao s� (stt Nae at tgb4,PI (Ak owo(r�er) N(�pTk4" ResUH o/ Tar llep No. N-A-73 ��ASPHALT zarN+p - BJ (�+i um owep �P/ �� '°oo"1rP�'co'xEe•) No TO TR --4w-ka /X F-�L a y 2;0A NO ho sat 23OM Hb 660 �N sF�Hc zAaw - Sr 3 v °�h EXisnNo ASPHALT A?--11,01 z< CO \ _ /c fat A•C T J 8 wwkzww tw \ \ \ \ (z) a• CONDUITS DATA ! PHONE oasnNo / �4"'NY°Ma4 '� h~ ASPHALT/ j oU,QT e'�!�'� he `S M.o, �SO• ia. � - :{ ./� N SCALP: 1' = 50' 50 25 0 50 100 �v X \ ` 200• ^p F F Op08US rr/Jp 2 T 0<6j3.0 OR9Cf NO OP TRUSS H�25 (SaR1NK. d{ rt J7 pEE'4BLY 550. R00y IlofaD / A' MMM /yF I yke'it $ fe / CONC a c' I 41 Z zsow �� \ \�' W\ / NEW 1• WATER 25OM \ Ay\ + : NEW 1 >' FORCE MAIN f f0 ENCLOSE 6.000 SF OF BUILDING 5 \ C)3 • 5r , / FOR NEW SAW OPERAmoNs AND At \ CONSTRUCT 1.080 SF CANOPY M � \ i / • I / NEW ELECTRIC SERVICE \\\ 'Pow"', Nor n Fanle/y 7Ae Adana DeHdgommf OST{MT�pO. Mc \ 25OW % / / lsee PI -I -1 klbrrwr�RarN. OW17467J O RB o/ F. 1IW T 4hA-75 Zmhg k,ORk % '/ ' • • / % = lU. - Wxml>fATn rsL.cr) 256w ITS / A R / / (2) 2• CONDUITS / DATA k PHONE 49� INSTALL IN SANE / TRENCH AS NEW / ELECTRIC SERVICE NEW ELECTRIC SERVICE / EXISTING SIGN OWNER / DEVELOPER NERCE HARDY UNTO PARTNERSHIP 1019 ROUTE 519 EIGHTY FOUR, PA 1li330 (724)-228-3636 I O I �I I i VICINITY MAP N.T.S. (TTi M WATER / SEWER: FREDERIK COUNTY SANOATION AUTHORITY PHONE. VERIZON WINCHESTER, VA 22604 EIAL-n= (540) BBB-1061 (3O1) 951 POWER: ALLEGHENY POWER GAS: SHENANDO P.O. BOX 1458 P.O. Box HAGERS OWN, MD. 21741 1-800-154-3317 WHOIESTE (540) 869 VIRGINIA UTILITY PROTECTION SERVICE 1-800-552-7001 1.) BLDG 1 CONVERSION OF EXISTING 34,45OSF TO PANEL ASSEMBLY BLDG. 2.) BLDG 2 CONVERSION OF EXSRNG 20,000SF STORAGE BLDG TO TRUSS ASSEMBLY. 3.) BLDG 5 ENCLOSE 6,000SF OF EXISTING SHED CONVERT TO SAW SHED. 4.) Fnoc1TE EXISTING FENCE IN FRONT PARKING LOT AND ADD 45 ADDITIONAL PARKING SPACE` 5.) INSTALL NEW UPUTIES AS SHOW ON PLAN. 6.) RFPIACE ASPHALT WITH CONCRETE AS INDICATE) ON PLAN 7.) NEW LIGHT FIXTURES AS SHOWN ON PLAN NOTE 11 SITE IS LOCATED ON TAX PARCEL 44-A-758 OF THE AiAMS DEVELOPMENT S DNf" AS RECORDED IN JULY 2005 2) THERE ARE NO ENFRARCES WITHIN 200' OF THIS PROPERTY 3 THERE ARE NO WETLANDS ON THE PROPERTY { THE PROPERTY IS NOT WITHIN THE 1DO-YR FLOOD PLAN .. 5 ALL EASEMENTS ARE EXISTING 6 FIRE LANE HARM S AND SIGNAGE: ANY 'NO PARKING* SIGNS AND YELLOW - PANTED CURB LOCATIONS WILL BE INSTALLED BY FIELD INSPECTION AT THE DIRECTION OFF THE FIRE MV6HALL'S OFFICE EXS�O INC: m7 B-3 - INDUSTRIAL TRANSITION DISTRICT PRPOSED ZONING: M-1 - INDUSTRIAL PARCEL NO. 44-A-758 ACRES10.02 REQUIRED PROVIDED .I LOT AREA N/A 10.0 AC DEVELOPED AREA N/A 10.0 AC LANDSCAPED AREA 2 1 MIN. 271 LOT WIDTH: N//A 50{' FRONT YARD: 75' MIN. 35' SIDE YARD: 25' MIN. 70' REAR YARD. 25' MIN 100' -FLOOR AREA RATIO: 1.0 MAX. .19 .I PARKING SPACE SIZE 100 S.F. MIN. k PROVIDED PARKING AISLE: 22' MIN. - 24' PROVIDED HANDICAP SPACE 12' WIDE MIN. - 12' PROVIDED 'I EXLSTING PARKING PROVIDED- 42 SPACES HANDICAP ACCESSIBLE SPACES PROVIDED- 3 HANDICAP SPACES REQUIRED- 1/25 REGULAR SPACES- 2 MANUFACTURING: 1.SSP/EMPLOYEE X 50 - 75 SPACES OFFICE 1SP/25OSF X 2,BOO - 11 SPACES PROPOSED ADDITIONAL PARKING: 45 SPACES TOTAL PARKING: 87 SPACES WIND SPACES 1/40.000SF REOU IRED - 3 PROVIDED 12'X45' REOUIREO - 14'X50' PROVIDED -TOTAL FLOOR AREA - 83,Z50 SF // 435,600-19.11E TOTAL GROUND FLOOR AREA - 83.250 S.F. I LANDSCAPING NOTE: ALL LANDSCAPING AND BUFFERS ARE EXISTING STORM WATER MINDY NOTE ENTIRE DEVELOPMENT IS EXISTING (WITH E(. POND) NO ADDITIONAL STORM WATER OR EROSION CONTROL NEEDED / •- - - / i� ` / ,•''/ // / • / / / —6 S5— SAMIARr M100? AAL 927 ,I —6-W— WA 7EP[AVE AND 92r J G— G45 2.1VE AA10 572E a 6163 EMS77NG SOOT ZIE✓A7Jav x615..3 FRa-a5ED.592r n"A Dav 3WM/E ARRO#S • SL4PIEr AAavuAaNr O PNOR7PrY CaW& P FAW H RAArDWAN r7Ar r t IRAfF1C flow LYR£C7K4VAL ARR0MS OU7DOOR LIOv77Na Sa ZUC8P7C,1L LIQY7AVC PLTAS _AqwAt r PA Kw •!SOAR' NEW [A?VT f7XRA7E AFW Uo r nA7LF d ® 64 LUMBER 1019 ROUTE 519 GHTY01 FOUR, PA 1533 (724) 228-3636 SITE REVISIONS BUILDING REVISIONS TRUSS PLANT SITE/UTIUTY PLAN YARDMASTER COURT STONEWALL MACISTERLtL DISTRICT FREDERICK COUNTY, VA PROJECT INFORMATION O'r SCALE: i•=so' J013 NO. UO STORE NO. 178 SHEET N0. CID DESIGN BY: JZ DRAWN 6Y: NAD O° � DATE: 1 28 2016 N - S 4u4 0 s QP9g 1 � - 1 ��1 J Jf f x OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 04/25/16 TIME: 16:23:34 ACCOUNT: 069CLR160003544 RECEIPT: 16000007657 CASHIER: EAB REG: WE17 TYPE: OTHER PAYMENT: FULL PAYMENT INSTRUMENT 160003544 BOOK: PAGE: RECORDED: 04/25/16 AT 16:23 GRANTOR: PIERCE HARDY LIMITED PARTNERSHIP EX: N LOC: CO GRANTEE: PIERCE HARDY LIMITED PARTNERSHIP EX: N PCT: 100% AND ADDRESS : , RECEIVED OF : RODERICI< WILLIAMS ATTORNEY CASH: $21.00 DESCRIPTION 1: ST DIST (PROFFER STATEMENT) PAGES: 10 OP: 0 2: NAMES: 0 CONSIDERATION: .00 A/VAL: .00 MAP: 44-A-75B PIN: 301 DEEDS 14.50 145 VSLF 1.50 106 TECHNOLOGY TRST FND 5.00 TENDERED AMOUNT PAID CHANGE ANT CLERK OF COURT: REBECCA P. HOGAN PAYOR'S COPY RECEIPT COPY 1 OF 2 21.00 21.00 .00 APPROVED BY THE FREDERICK COUNTY ZONING ADMINISTRATOR APPROVAL DATE (ZONING ADMINISTRATOR) SITE PLAN VALID FOR FIVE (5) YEARS FROM APPROVAL DATE. TRUSS PLAINT CONVERSION YARDMASTER COURT FREDERICK- COUNTY STONEWALL MAGISTERIAL DISTRICT WINCHESTER, VIRGINIA 84 LUMBER COMPANY 1019ROUTE 519 EIGHTY FOUR, PA 15330 (724) 228 - 3636 LOCATION MAP SHEET A00 COVER SHEET CML ENGAVEEMM PLANS - AYBEL ENGINEERING SHEET COI SITE/UTILITY PLAN SHEET A00 \ OOOW a PROPOSED / e0. CONCRETE No. a Fo-m 1 y fie Advn9 m`a1W^I t CrttttWw lnstnAm t No. 0.7Gb1542D O400I7) ' EXISTING (See Rot of InstrumNnt Na Zm�RpeskLe of Tor Map Na. A-77456 Bi (sri�stNm Durcf) ASPHALT LIAR V-1 8r!r ° h'a' duJ \ Ar e 2pp• \` S ?o• BurtaN IXIMPSTER N1 Tp BJJ.O 0�0f l000rr�PAD (B'X6') NO ppf" SS -25. MB 4b^i{l RMNKF�Fp SF LY P A, 250W \ PoYkLL P R00AI ) /.7, 470 \ < \ 2 / CONIC ° u\ 25uW \ 250M 250W \ \2 W \ AyaO C a R` ASP xeav \ \ SIN./OrhB \ zSOW \ \ wwwMMM \ N "'O "F v \ J ° A4P�T 2 c \z\ f sNFD \ \ \ 4► / \ R7 B A \ � S7oB ssp `PA'iyk '°,qA, N hG L� alA4A. NR N Np 2 h ! ./� • --saw 25oW \ \ \ �Ma Cf�zS,W (2) 2'R CPOHNODNUEITS�bt� m 241 rr'EXISRNG ASPHALT/ '01 (2g g- b / G / (2) 2- CONDUIT DATA k PHONE INSTALL IN SANE TRENCH AS NEW ELECTRIC SERVICE NEW ELECTRIC SERVICE ING SIGN • N SCALE: 1" = 50' 50 25 0 50 100 \ \ I7 a t / I H Q /Off wl el[ \ \ , NEW i' WATER gy4pp\ NEW 1 J' FORCE MAIN a ENCLOSE SF OF BUILDING 5 FOR NEW SAW OPERATIONS S AND SAW CONSTRUCT 1.080 SF CANOPY NEW ELECTRIC SERVICE 0(. WOOD FDNOE -------------------- \ QWN R / Q LOPER PIERCE HARDY LIMITED PARTNERSHIP 1019 ROUTE 519 EIGHTY FOUR. PA 153M (724)-Z28-3638 No. a FwmM7 7Ae Ad—,DelWtpmmf G(�YoouuPq, NIc k.t,—ent Nn NZNA71.5/10 (See Pkt at MsfrtAmenf ANB 0"17467) R..! a(T = Al . 44-A-75 7mhq = &S (eldusbid )5mrIW- Dfsbiet) Use - Va f SITE REVISIONS BUILDING REVI a 84 LUMBER • O VICINITY MAP N.T.S. I Lrry lFOfiNATKNJ WATER / SEWER: FREDERIK COUNTY SANITATION AUTHORITY PHONE: VERIZON P.O. BOX 1877 WINCHESTER. VA 22504 P.O. Box 1 BALTIMORE. (540) BBB-1061 (301) 954 POWER: ALLEGHENY POWER GAS: SHENARDCV P.O. BOX 1458 HAGERSTOWN, MD. 21741 P.O. BOX WINOIESTFJ i-BOO-654-3317 (340) 869 VIRGINIA UTILITY PROTECTION SERVICE 1-800-552-7001 PROFINM 1.) BLDG I CONVERSION OF EXISTING 34,450SF TO PANEL ASSEMBLY BLDG. 2.) BLDG 2 CONVERSION OF EXITING 20.000SF STORAGE BLDG TO TRUSS ASSEMBLY. 3.) BLDG 5 ENCLOSE B.DOOSF OF EXISTING SHED CONVERT TO SAW SHED. 4,) RELOCATE EXISTING FENCE IN FRONT PARKING LOT AND ADD 45 ADDITIONAL PARKING SPACES 5.) INSTALL NEW UTILITIES AS SHOW ON PLAN. REPLACE ASPHALT WITH NCRETE AS INDICATED ON PLAN 8.) HACO 7.) NEW LIGHT FIXTURES AS SHOWN ON PLAN �N 1)) SITE IS LOCATED ON TAX PARCEL 44-A-750 OF THE ADAMS DEVELOPMENT S(1BDMISION AS RECORDED IN JULY 2005 2} THERE ARE NO ENTRANCES WITHIN 200' OF THIS PROPERTY 3 MERE ARE NO WETLANDS ON THE PROPERTY 4 THE PROPERTY IS NOT WITHIN THE 1W-YR FLOOD PLAN 5 ALL EASEMENTS ARE EXISTING 8 TIRE LANE MARKINGS AIND SIGNANY 'NO PARNING' SIGNS AND YELLOW M.E PAINTED CURB LOCATIONS WILL BE NSTAILED 9Y FIELD INSPECTION AT THE DIRECTION .�O�F�THE RRREE MARS wI'S OFFICE EX.Z$T G- ZONING 0-3 - INDUSTRIAL TRANSITION DISTRICT PRPOSEO ZONING: M-1 - INDUSTRIAL PARCEL NO, 44-A-758 ACRES: 10.02 L REQUIRED PROVIDED LOT AREA N/A 10.0 AC DEVELOPED AREA: N//A 10.0 AC LANDSCAPED AREA ZSx MIN. 27S B04. LOT WIDTH: N/A FRONT YARD: 7 ' MIN. 35' SIDE YARD: 25' MIN. 70' REAR YARD: 25' MIN. 100' FLOOR AREA RATIO: 1.0 MAX. .19 p PARKING SPACE SIZE 100 SF. MIN. & PROVIDED PARKING AISLE 22' MIN. - 24' PROVIDED HANDICAP SPACE: 12' WIDE. MIN. - 12' PROVIDED EXISTING PARKING PROVIDED- 42 SPACES HANDICAP ACCESSIBLE SPACES PROVIDED- 3 HANDICAP SPACES REQUIRED- 1/25 REGULAR SPACES- 2 MANUFA.CTtxRNG: 1,SSP/EMPL X 50 - 75 SPACES DIME: 1SP/25OSF X 2.600 - 11 SPACES PROPOSED ADDITIONAL PARKING: 45 SPACES TOTAL PARKING: 87 SPACES LOADING SPACES 1/40,000SF REQUIRED - 3 PROVIDED 12'X45' REQUIRED - 14'X50' PROVIDED 'TOTAL FLOOR AREA - 83.250 S.F. 435,600-19.17E TOTAL GROUND FLOOR AREA - 83,250 S.F. LANDSCAPING NOTE: ALL LANDSCAPING AND BUFFERS ARE EXISTING STORM WATER MNGT NOTE_ ENTIRE DEVELOPMENT IS EXISTING (WITH EX. POND) NO ADDITIONAL STORY WATER OR EROSION COMROL NEEOEU TRUSS PLANT SCALE: 1-=50" SITE/U(RITY PLAN JOB N0. STORE NO. 178 YARDMASTER COURT STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, ✓A -3636 PROFFER STATEMENTS The Frederick County Code allows applicants for rezoning to offer conditions (proffers) to be placed on the land as a part of the rezoning application. If accepted by the Board of Supervisors, such proffers will become regulations applying to the land rezoned in addition to normal zoning regulations. The existence of such conditions will be notated on die zoning map and will apply to the land, regardless of changes in ownership, unless or until the conditions are changed through a subsequent ordinance amendment process. The proffers must address needs resulting from the rezoning. In determining what types of proffers to offer, the applicant should consider the possible impacts identified by the impact analysis statement. The applicant should also consider policies in die Frederick County Comprehensive Plan. The Frederick County Zoning Ordinance discusses proffers and lists some of the types of proffers that might be offered. These can include: *Various limitations on the use of the land *Off site and on site facilities and improvements *Site layout or plan features *Dedication of land or cash contributions for facilities identified in the Capital Improvements Plan or Road Improvement Plan which would be impacted by the proposed rezoning. Proffer statements must identify the facilities for which contributions and dedications are to be made. A detailed description of the methodology used to determine which contributions and dedications will be made should be clearly specified by the applicant. The applicant may choose to proffer a generalized development plan. An example where an applicant may want to proffer a generalized development plan is when there may be certain site design issues the applicant wants to address that can be conveyed better graphically than in writing. When having land rezoned to the R-4 Residential Planned Community District, a master development plan must be submitted with the rezoning application. The master development plan must follow the procedures specified in Article VIII of the Frederick County Zoning Ordinance and must be completed concurrently with the rezoning. Proffers shall be submitted as a part of the initial application package. A final, signed and notarized version of the proffer statement must be received prior to the staffs mailing of the Planning Commission agenda for the meeting that the rezoning application will be heard. All proffer statements must be submitted to the County Attorney for review. No application package containing proffers will be considered completed unless the proffers have been reviewed by the County Attorney and the appropriate review agencies. A proffer statement shall contain the following information: • Name of the development; 9 0 0 • Property Identification Number(s); • Total acreage proposed to be rezoned; • Current zoning district and proposed zoning district; • Record Owner and applicant; • Original proffer date; • Revision date; • Statement of Preliminary Matters; • Each condition proffered should be numbered, separately listed, and clearly stated. • Only conditions that are clearly enforceable and not already required by local, State or Federal regulations should be proffered. If accepted, the requirements in the proffers shall constitute amendments to the Frederick County Code applying to the land rezoned. Proffer Revisions Significant changes to submitted proffers must be reviewed by relevant agencies. Such reviews must be received before proffer revisions are submitted to the Planning Commission. No significant changes to proffers will be considered by the Planning Commission once the original advertisement for the proposed rezoning has been published. Significant changes to proffers after the original advertisement may require re -advertisement for the proposed rezoning. 10 0 Development Impact Model On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The Board of Supervisors authorized use of the annual model update on June 10, 2015. The DIM projects that, on average, residential development has a negative fiscal impact on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after July 1, 2015 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit = $ 19,681 Town Home Dwelling Unit = $ 13,681 Apartment Dwelling Unit = $ 13,880 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. Capital facility Single Family Town home Apartment Fire And Rescue $ 547 $ 406 $ 412 General Government $ 1,373 $ 1,050 $ 1,050 Public Safety $ 0 $ 0 $ 0 Library $ 442 $ 338 $ 338 Parks and Recreation $ 1,819 $ 1,391 $ 1,391 School Construction $ 15,499 $ 10,495 $ 10,689 Total $ 19,681 $ 13,681 $ 13,880 The projected capital expenditures depicted above do not include a credit for future real estate taxes. A "read-only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available. 06/10/2015 0 0 rV o>(*�) S-r -P-lk 47fuD 1"ROFFEf2 STATEMENT REZONING: RZ # `LP Industrial Transition District (133) with Proffers to Light Industrial District (MI) with Proffers PROPERTY: 10.00 acres +/-; Tax Parcel # 44-(A)-75B RECORD OWNER: Pierce hardy Limited Partnership APPLICANT: tierce Ilardy Limited Partnership ("Applicant") PROJECT NA iM [.: 84 Lurltbcr Truss Plant ORIGINAL DATE r ��I � OF PROFFERS: January 18, g015 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia. 1950. as amended, and the provisions of the Frederick CountyZ_oning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application For the rezoning of 10.00± acres from the Industrial Transition (133) District with Proffers to the Light Industrial (M1) District with Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of' Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and will have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns . Approval of this proffer statement does not eliminate previously approved proffers associated 44- (A)-75C, 44-(A)-75D, 44-(A)-75E and 44- (A)-75F; which were approved under the conditions set forth in RZ #02-05 approved by the Frederick County Board of Supervisors on April 13, 2005. However, these proffers will alter the previously approved proffer for current Tax Map Parcels 44-(A)-75B. The previous proffer will remain in force for the Property, to the extent that prior proffer is not inconsistent with the current proposed proffer. The subject property. more particularly described as the lands owned by Pierce Hardy Limited Partnership. being all of Tax Map Parcel 44-(A)-75B and further described by Boundary Survey Plat prepared by Michael S. Roberts, dated March 27, 2007 (see attached Boundary Survey Plat). Page 1 of 4 0 • A.) GCnerallzed Development Plan The Owner hereby proffers to re-dcvclop the ten ( 10.0) _r acre property in substantial conformance with the attached site plan for an 84 Lumber 'Truss Plant 10 Acre property, dated January 28, 2016, 13) Vehicle Per Day (VPD) and Land Use Restrictions ,' lQ I.) Conditional Rezoning ;Application Il _ : Trip generation for the existing and proposed land uses were determined based upon tile Sth Edition of the Institute o1 Transportation Engineers' ("ITE") Trip Generation Report. Accordingly, ITE Land Use Code 812 (Building and Lumber Store) was used to calculate the trips associated with the by- right 84 Lumber and ITE Land Use Code 140 was used to calculate the trips associated with the proposed truss manufacturing plant. The Applicant hereby proffers to restrict development of the 10.0 t acre property to an amount not to exceed a n1,W111tlm of 1393 VPD. 2.) The. Owner hereby proffers to prohibit the followin", Nl- I District land uses within 10.0 + acre property: • Local and suburban transit and interurban highway passenger transportation. • Business associations; membership organizations; and labor unions • Motor freight transportation, excluding warehousing and storage • Transportation by air • Transportation services • Truck stops C.) Transportation 1.) Access to Martinsburg Pike (Us Route 11) Direct access to Martinsburg Pike (US Route 11) is provided through a single shared commercial entrance to provide ingress and egress for the 10.0± acre property and all parcels previously subdivided From tax parcel 44-A-75. All other access will be prohibited. This shared commercial entrance has I)CCII amstructe(I to align With the cxistin,,, conuncrcial entrance to the APAC site located on the opposite side of' Martinsburg Pile. 2..) Right -turn deceleration lane on Route 11: Reference is made to Proffer C2 in 2005 proffers on this property. The installation is complete. Page 2 of 4 0 0 .I.) Signalizadon Reference is made to Proflcr C4 in 2005 proffers on this property. H-,mcd' �tpc�H—t�1�=41ii3 �GNvl��Ono siudy oncc_t.hc—nc4v—,�i.tc:_is_iu-�alaoi ii<�n-it-will i;c «c+ to 1�4s t�tl�T l�vi_cl�y itutllat was pry vio �s v ,�pl�rn l - 1=Ji:►:tic E�cccl-f�i�if,�taa-ti-;sett-iai�w-11-��a-y-lac�iusc:d-l�j-t-I-�s-laiu-ltaaairt-��l�i rc�r}�-itri�ti portican-cr1_tlii _ciu}�intll-rerenec}-prc�pLtty- Since this site Neill be re - Owner acknowledges that it will bear a pro rata share of,the cost of'signalization, should a signal ever he ncedcd. D.) North Buffer The Owner hereby proffers to maintain the six foot highCnd44-(rA\)-7(!*165 -boil a5. the opaque element within the one; -hundred foot wide ("C" full screen adjacent to tax parcels 44-(A)-7Gr1. 44-(A)-75A. E.) iylonetary Contribution tq_Of .set_Im )act of'I)eyelopment The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application tl -1 Q is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: S .015/ building square foot, based upon any additional square footage added for the redeveloped site. This payment is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments wili be paid prior to issuance of the building occupancy permits. F.) signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Page 3 of 4 Development Impact Model On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The Board of Supervisors authorized use of the annual model update on June 10, 2015. The DIM projects that, on average, residential development has a negative fiscal impact on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after July 1, 2015 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit = $ 19,681 Town Home Dwelling Unit = $ 13,681 Apartment Dwelling Unit = $ 13,880 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. Capital facility Single Family Town home Apartment Fire And Rescue $ 547 $ 406 $ 412 General Government $ 1,373 $ 1,050 $ 1,050 Public Safety $ 0 $ 0 $ 0 Library __--� $ 442 $ 338 _ $ 338 Parks and Recreation $ 1,819 $ 1,391 $ 1,391 School Construction $ 15,499 $ 10,495 $ 10,689 Total $ 19,681 $ 13,681 $ 13,880 The projected capital expenditures depicted above do not include a credit for future real estate taxes. A "read-only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available. 06/10/2015 PROPOSED PROFFER STATEMENT REZONING: RZ # Industrial Transition District (133) with Proffers to Light Industrial District (MI) with Proffers PROPERTY: 10.00 acres +/-; Tax Parcel # 44-(A)-75B RECORD OWNER: Pierce Hardy Limited Partnership APPLICANT: Pierce Hardy Limited Partnership ("Applicant") PROJECT NAME: 84 Lumber Truss Plant ORIGINAL DATE OF PROFFERS: January 18, 2015 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 10.00f acres fi•om the Industrial Transition (133) District with Proffers to the Light Industrial (M1) District with Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and will have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. Approval of this proffer statement does not eliminate previously approved proffers associated 44- (A)-75C, 44-(A)-75D, 44-(A)-75E and 44- (A)-75F; which were approved under the conditions set forth in RZ #02-05 approved by the Frederick County Board of Supervisors on April 13, 2005. However, these proffers will alter the previously approved proffer for current Tax Map Parcels 44-(A)-75B. The previous proffer will remain in force for the Property, to the extent that prior proffer is not inconsistent with the current proposed proffer. The subject property, more particularly described as the lands owned by Pierce Hardy Limited Partnership, being all of Tax Map Parcel 44-(A)-75B and further described by Boundary Survey Plat prepared by Michael S. Roberts, dated March 27, 2007 (see attached Boundary Survey Plat). Page 1 of 4 0 A.) Generalized Development Plan The Owner hereby proffers to re -develop the ten (10.0) t acre property in substantial conformance with the attached site plan for an 84 Lumber Truss Plant 10 f Acre property, dated January 28, 2016. B.) Vehicle Per Day (VPD) and Land Use Restrictions 1.) Conditional Rezoning Application # : Trip generation for the existing and proposed land uses were determined based upon the 8th Edition of the Institute of Transportation Engineers' ("ITE") Trip Generation Report. Accordingly, ITE Land Use Code 812 (Building and Lumber Store) was used to calculate the trips associated with the by- right 84 Lumber and ITE Land Use Code 140 was used to calculate the trips associated with the proposed truss manufacturing plant. The Applicant hereby proffers to restrict development of the 10.0 ± acre property to an amount not to exceed a maximum of 1393 VPD. 2.) The Owner hereby proffers to prohibit the following M-1 District land uses within 10.0 ± acre property: ■ Local and suburban transit and interurban highway passenger transportation. ■ Business associations; membership organizations; and labor unions ■ Motor freight transportation, excluding warehousing and storage ■ Transportation by air ■ Transportation services ■ Truck stops C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) is provided through a single shared commercial entrance to provide ingress and egress for the 10.0f acre property and all parcels previously subdivided from tax parcel 44-A-75. All other access will be prohibited. This shared commercial entrance has been constructed to align with the existing commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Right -turn deceleration lane on Route 11: Reference is made to Proffcr C2 in 2005 proffers on this property. The installation is complete. Page 2 of 4 0 LI 3.) Signalization Reference is made to Proffer C4 in 2005 proffers on this property. Based upon the trip generation study, once the new site is in operation, it will generate less trips per day than what was previously approved. Thus, the need for signalization will only be caused by the build -out of the remaining portion of the originally rezoned property. Since this site will be re- developed separately from the "entire property", this requirement should not be applicable to the instant proffer package. However, Owner acknowledges that it will bear a pro rata share of the cost of signalization, should a signal ever be needed. D.) North Buffer The Owner hereby proffers to maintain the six foot high earthen berm as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to tax parcels 44-(A)-76A, 44-(A) -75A, a n d 44-(A)-7. E.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffer s that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .0151 building square foot, based upon any additional square footage added for the redeveloped site. This payment is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid prior to issuance of the building occupancy permits. F.) Si agm lures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Page 3 of 4 1 . • Respectfully Submitted: WITNESS: C ieri Bomar — Vice President Pierce Hardy Limited Partnership COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF WASHING ON On this, the 29"' day of January, 2016, before me, Bethany Cypher, the undersigned officer, personally appeared Cheri Bomar, who acknowledged h e r self to be the Assistant Vice President of Pierce Hardy Limited Partnership, a Pennsylvania Limited Partnership, and that she, as such Assistant Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the limited partnership by herself as Assistant Vice President. In witness whereof, I hereunto set my hand and official seal. Notary Public Page 4 of 4 \ COMMONWEALTH OF BETHANYL CYPHER Notary Public STRABANE TWP., WASHINGTON CNTY Commission Expires Apr 14, 2017 , 0 0 PROFFER STATEMENTS The Frederick County Code allows applicants for rezoning to offer conditions (proffers) to be placed on the land as a part of the rezoning application. If accepted by the Board of Supervisors, such proffers will become regulations applying to the land rezoned in addition to normal zoning regulations. The existence of such conditions will be notated on the zoning map and will apply to the land, regardless of changes in ownership, unless or until the conditions are changed through a subsequent ordinance amendment process. The proffers must address needs resulting from the rezoning. In determining what types of proffers to offer, the applicant should consider the possible impacts identified by the impact analysis statement. The applicant should also consider policies in the Frederick County Comprehensive Plan. The Frederick County Zoning Ordinance discusses proffers and lists some of die types of proffers that might be offered. These can include: *Various limitations on die use of the land *Off site and on site facilities and improvements *Site layout or plan features *Dedication of land or cash contributions for facilities identified in the Capital Improvements Plan or Road Improvement Plan which would be impacted by the proposed rezoning. Proffer statements must identify the facilities for which contributions and dedications are to be made. A detailed description of the methodology used to determine which contributions and dedications will be made should be clearly specified by the applicant. The applicant may choose to proffer a generalized development plan. An example where an applicant may want to proffer a generalized development plan is when there may be certain site design issues the applicant wants to address that can be conveyed better graphically than in writing. When having land rezoned to the R-4 Residential Planned Community District, a master development plan must be submitted with the rezoning application. The master development plan rnust follow the procedures specified in Article VIII of the Frederick County Zoning Ordinance and must be completed concurrently with the rezoning. Proffers shall be submitted as a part of the initial application package. A final, signed and notarized version of the proffer statement must be received prior to the staffs mailing of the Planning Commission agenda for the meeting that the rezoning application will be heard. All proffer statements must be submitted to the County Attorney for review. No application: package containing proffers will be considered completed unless the proffers have been reviewed by the County Attorney and the appropriate review agencies. A proffer statement shall contain the following information: 0 Name of the development; • Property Identification Number(s); • Total acreage proposed to be rezoned; • Current zoning district and proposed zoning district; • Record Owner and applicant; • Original proffer date; • Revision date; • Statement of Preliminary Matters; • Each condition proffered should be numbered, separately listed, and clearly stated. • Only conditions that are clearly enforceable and not already required by local, State or Federal regulations should be proffered. If accepted, the requirements in the proffers shall constitute amendments to the Frederick County Code applying to the land rezoned. Proffer Revisions Significant changes to submitted proffers must be reviewed by relevant agencies. Such reviews must be received before proffer revisions are submitted to the Planning Commission. No significant changes to proffers will be considered by the Planning Commission once the original advertisement for the proposed rezoning has been published. Significant changes to proffers after the original advertisement may require re -advertisement for the proposed rezoning. 10 0 Development Impact Model On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The Board of Supervisors authorized use of the annual model update on June 10, 2015. The DIM projects that, on average, residential development has a negative fiscal impact on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after July 1, 2015 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit = $ 19,681 Town Home Dwelling Unit = $ 13,681 Apartment Dwelling Unit = $ 13,880 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. Capital facility Single Family Town home Apartment Fire And Rescue $ 547 $ 406 $ 412 General Government $ 1,373 $ 1,050 $ 1,050 Public Safety $ 0 $ 0 $ 0 Library $ 442 $ 338 $ 338 Parks and Recreation $ 1,819 $ 1,391 $ 1,391 School Construction $ 15,499 $ 10,495 $ 10,689 Total $ 19,681 $ 13,681 $ 13,880 The projected capital expenditures depicted above do not include a credit for future real estate taxes. A "read-only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available. 06/10/2015 • 0 PROPOSED PROFFER STATEMENT REZONING: RZ # Industrial Transition District (133) with Proffers to Light Industrial District (M1) with Proffers PROPERTY: 10.00 acres -P/-; Tax Parcel # 44-(A)-75B RECORD OWNER: Pierce Hardy Limited Partnership APPLICANT: Pierce Hardy Limited Partnership ("Applicant") PROJECT NAME: 84 Lumber Truss Plant ORIGINAL DATE OF PROFFERS: April 17, 2008 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of V irgirda, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 10.00± acres fi•om the Industrial Transition (133) District with Proffers to the Light Industrial (M1) District with Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. Approval of this proffer statement does not eliminate previously approved proffers associated with current Tax Map Parcels 44-(A)-75B, 44- (A)-75C, 44-(A)-75D, 44-(A)-75E and 44-(A)-75F; which were approved under the conditi ons set forth in RZ #02-05 approved by the Frederick County Board of Supervisors on April 13, 2005. The subject property, more particularly described as the lands owned by Pierce Hardy Limited Partnersliip, being all of Tax Map Parcel 44-(A)-75B and further described by Boundary Survey Plat prepared by Michael S. Roberts, dated March 27, 2007 (see attached Boundary Survey Plat). Page 1 of 4 A.) Generalized Development Plan The Applicant hereby proffers to re -develop the ten (10.0) ± acre property in substantial conformance with the attached site plan — 84 Lumber Truss Plant 10 ± Acre property, dated November 24, 2015 and approved as part of the rezoning application. B.) Vehicle Per Day (VPD) and Land Use Restrictions 1.) Conditional Rezoning Application # : Trip generation for the existing and proposed land uses were determined based upon the 8th Edition of the Institute of Transportation Engineers' ("ITE") Trip Generation Report. Accordingly, ITE Land Use Code 812 (Building and Lumber Store) was used to calculate the trips associated with the by- right 84 Lumber and ITE Land Use Code 140 was used to calculate the trips associated with the proposed truss manufacturing plant. The Applicant hereby proffers to restrict development of the 10.0 ± acre property to an amount to be determined during Site PI an approval, not to exceed a maximum of 2,900 VPD. The Applicant acknowledges that the maximum 2,900 VPD may be further reduced for the 10.0 ± acre property should additional development occur on tax parcels 42-A-75B, 44-A-75C, 44-A-75D, 44-A-75E and 44-A-75F. 2.) The Applicant hereby proffers to prohibit the following M-I District land uses within 10.0 f acre property: ■ Local and suburban transit and interurban highway passenger transportation. ■ Business associations; membership organizations; and labor unions ■ Motor freight transportation, excluding warehousing and storage ■ Transportation by air ■ Transportation services ■ Truck stops C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) is provided through a single shared commercial entrance to provide ingress and egress for the 10.0± acre property and all parcels previously subdivided fi-om tax parcel 44-A-75. This shared commercial entrance has been constructed to align with the existing conunercial entrance to the APAC site located on the opposite side of Martinsburg Pike. Page 2 of 4 D.) North Buffer The applicant hereby proffers to maintain the six foot high earthen berm as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to tax parcels 44-(A)-76A, 44-(A) -75A, and 44-(A)-7. E.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .015/ building square foot This payment is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid prior to issuance of the building occupancy permits. F.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: WITNESS: �'-efile�rlomai7--Asst. Vice President Pierce Hardy Limited Partnership Page 3 of 4 n COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF WASHING ON On this, the 241" day of November, 2015, before me, Bethany Cypher, the undersigned officer, personally appeared Cheri Bomar, who acknowledged h e r self to be the Assistant Vice President of Pierce Hardy Limited Partnership, a Pennsylvania Limited Partnership, and that she, as such Assistant Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the limited partnership by herself as Assistant Vice President. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL BETHANY L CYPHER Notary Public NORTH STRABANE TWP., WASHINGTON CNTY My Commission Expires Apr 14.2017 Page 4 of 4 C� C� PROPOSED PROFFER STATEMENT REZONING: RZ It Industrial Transition District (133) with Proffers to Light Industrial District (M 1) with Proffers PROPERTY: 10.00 acres -►-/-; Tax Parcel # 44-(A)-75B RECORD OWNER: Pierce Hardy Limited Partnership APPLICANT: Pierce Hardy Limited Partnership ("Applicant") PROJECT NAME: 84 Lumber Truss Plant ORIGINAL DATE OF PROFFERS: April 17, 2008 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 10.00± acres from the Industrial Transition (B3) District with Proffers to the Light Industrial (M1) District with Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. Approval of this proffer statement does not eliminate previously approved proffers associated with current Tax Map Parcels 44-(A)-75B, 44- (A)-75C, 44-(A)-75D, 44-(A)-75E and 44-(A)-75F; which were approved under the conditi ons set forth in RZ #02-05 approved by the Frederick County Board of Supervisors on April 13, 2005. The subject property, more particularly described as the lands owned by Pierce Hardy Limited Partnership, being all of Tax Map Parcel 44-(A)-75B and further described by Boundary Survey Plat prepared by Michael S. Roberts, dated March 27, 2007 (see attached Boundary Survey Plat). Page 1 of 4 A.) Generalized Development Plan The Applicant hereby proffers to re -develop the ten (10.0) ± acre property in substantial conformance with the attached site plan — 84 Lumber Truss Plant 10 1 Acre property, dated November 24, 2015 and approved as part of the rezoning application. B.) Vehicle Per Day (VPD) and Land Use Restrictions 1.) Conditional Rezoning Application # : Trip generation for the existing and proposed land uses were determined based upon the 8th Edition of the Institute of Transportation Engineers' ("ITE") Trip Generation Report. Accordingly, ITE Land Use Code 812 (Building and Lumber Store) was used to calculate the trips associated with the by- right 84 Lumber and ITE Land Use Code 140 was used to calculate the trips associated with the proposed truss manufacturing plant. The Applicant hereby proffers to restrict development of the 10.0 ± acre property to an amount to be determined during Site PI an approval, not to exceed a maximum of 2,900 VPD. The Applicant acknowledges that the maximum 2,900 VPD may be further reduced for the 10.0 ± acre property should additional development occur on tax parcels 42-A-75B, 44-A-75C, 44-A-75D, 44-A-75E and 44-A-75F. 2.) The Applicant hereby proffers to prohibit the following M-1 District land uses within 10.0 ± acre property: ■ Local and suburban transit and interurban highway passenger transportation. ■ Business associations; membership organizations; and labor unions ■ Motor freight transportation, excluding warehousing and storage ■ Transportation by air ■ Transportation services ■ Truck stops C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) is provided through a single shared commercial entrance to provide ingress and egress for the 10.0± acre property and all parcels previously subdivided fi•om tax parcel 44-A-75. This shared commercial entrance has been constructed to align with the existing commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. Page 2 of 4 0 D.) North Buffer The applicant hereby proffers to maintain the six foot high earthen berm as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to tax parcels 44-(A)-76A, 44-(A) -75A, a n d 44-(A)-7. E.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .015/ building square foot This payment is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid prior to issuance of the building occupancy permits. F.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: WITNESS: /VO a// �Lha - c 0 'eh�3n oomar — Asst. Vice President Pierce Hardy Limited Partnership Page 3 of 4 0 a COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF WASHINGTON On this, the 24rh day of November, 2015, before me, Bethany Cypher, the undersigned officer, personally appeared Cheri Bomar, who acknowledged h e r self to be the Assistant Vice President of Pierce Hardy Limited Partnership, a Pennsylvania Limited Partnership, and that she, as such Assistant Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the limited partnership by herself as Assistant Vice President. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLV_ANIA NOTARIAL SEAL BETHANY L CYPHER Notary Public NORTH STRABANE TWP., WASHINGTON CNTY My Commission Expires Apr 14, 2017 Page 4 of 4 Rezoning Comments Virginia Department of Transportation Mail to: Hand deliver to: Virginia Department of Transportation Virginia Department of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 2275 Northwestern Pike Edinburg, Virginia 22824 Winchester, Virginia 22603 (540) 984-5600 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Pierce Hardy Limited Partnership Telephone: 724-228-3636 Mailing Address: 1019 Route 519 Eighty -Four, PA 15330 Location of property: 240 Yardmaster court Winchester, VA 15330 Current zoning: B-3 Zoning requested: M-1 Acreage: 10.0 Virginia Department of Transportation Comments: The documentation within the application to rezone this property appears to have a measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VIJU I is satistied thate transportation proffers offered in the 84 Lumnr Rezoning Application dated November 24, 2015 address transportation concerns associated with this request. Th .,Lyn for -y -� �t�iyn,comment VDOT Signature & Date: Y1 - ap,, Notice to VDOT - lease Return Form to Applicant Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Pierce Hardy Limited Partnership Mailing Address: 1019 Route 519 Eighty -Four, PA 15330 Location of property: 240 Yardmaster Court Current zoning: B-3 Winchester, VA 15330 Telephone: 724-228-3636 Zoning requested: M-1 Acreage: 10.0 Virginia Department of Transportation Comments: The documentation within the application to rezone this property appears to have a measurable Impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property reterenced. VDU I is satisfied tha e transportation proffers offered in the 84 Lumnr Rezoning Application dated November 24, 2015 address transportation concerns associated with this reqUeSt. Tank . for allowing , ent. - VDOT Signature & Date: Notice to VDOT - lease Return Form to Applicant 20 LJ 0 Frederick County Department of Fire and Rescue Office of'the Fire Marshal 1080 Corersione Drive lVinchesler, VA 22602 (540) 665-6350 Tax: (540) 678-4739 Trail: firroCa)fcva.its Plan Review & Comments Date Received 12/1 /2015 Plan/Permit Type Name 84 Lumber Address 240 Yardmaster CT Project Name Applicant Name & Number RE# Permit Number Rezoning Applicaton Rezoning Stephenson Emergency Vehicle Access: Adequate Inadequate rNrA Hydrant Location: Adequate Inadequate (N/A, Siamese Location: Adequate Inadequate N/A Fire Lanes Required: Yes No N/A Plan Approval Status Approve Comments Signature: C Reviewed By: Kenneth Scott, Jr. Title: Date Reviewed 12/2/2015 VA 22656 f Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540)665-6350 Winchester, Virginia Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Pierce Hardy Limited Partnership Mailing Address: 1019 Route 519 Eighty -Four, PA 15330 Location of property: 240 Yardmaster court Winchester, VA 15330 Current zoning: B-3 Telephone: 724-228-3636 Zoning requested: M-1 Acreage: 10.0 Fire Marshal's Comments: r i Fire Marshal's Signature & Date: % `,' 1 7 (z I l S— Notice to Fire Marshal - Please Return This Form to the Applicant 22 kLCL-'IVLD DR 012015 4 Rezoning Comments Frederick Count, Department of Public NN'orks Mail to: Frederick County I)cpt. at'Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22160I (540) 665-5643 Hand deliver to: Frederick (runty Dept. of I'ublic'WS rks' Attu: Director of Engineering Cjunty Buhr. 2q, 107 North Kent Streci Winchester, Virginia Applicant: Please fill out the int'orrnation as accurately as possible in order to assist the. Department of Public Works with their review. Attach a copy of your application form, location map, proffer Ytatement, impact analysis, and any other pertipent information: Applicant's Name: Pierce Hardy Limited Parttiriouhip Telephone: 724-228-3036 Mailing Address: 1019 Route 519 I_oeation oi'property: 240 YardmnsterCourt Wincticstct, VA 15330 Current zoning: B•3 Zoning requcs(ed: Acreage: 1U,U Department of Public Work's .oinrnents: pp - '',,� dSt_C . V _4 61 ��� tc ALI We- M-40e �by,,eob L 4 4 -I I I oc, 3-6�r-:!;q5kfAAthcAudiu Ivi- ter 94�rA �L Public Works Signature Date: Notice to Dept. of Public Wor - Please Rcturn 'Phis Form to the applicant 0 0 Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the inforrnation as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Pierce Hardy Limited Partnership Mailing Address: 1019 Route 519 Eighty -Four, PA 15330 Location of property: 240 Yardmaster Court Winchester, VA 15330 Telephone: 724-228-3636 Current zoning: B-3 Zoning requested: M-1 Acreage: 10.0 Sanitation Authority Comments: �b Cv►�m�'r�'� Sanitation Authority Signature & Date: W Vft �( 3 Notice to Sanitation Authority - Please Return This Fo4 to the 4plicant 25 4 0 0 Frederick County Department of'Fire and Rescue Office o f'the Fire Marshal 1080 Coversione Drive {i inchester, V,4 22602 (540) 665-6350 Fax: (540) 678-4739 Enrail. finoCaftva. its ew & Comments Date Received Date Reviewed 12/1 /2015 12/2/2015 Plan/Permit Type pplicaton Name 84 Lumber IU Address 240 Yardman 5C Stephenson VA 22656 Project Name Rezoning Applicant Name & Number RE# Permit Number Emergency Vehicle Access: Adequate Inadequate �NTA . Hydrant Location: Adequate Inadequate (N/A, Siamese Location: Adequate Inadequate N/A Fire Lanes Required: Yes No N/A Plan Approval Status Approve Comments Signature: Reviewed By: Kenneth Scott, Jr. Title: 1 1l� 0 0 I Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540)665-6350 Winchester, Virginia Hand deliver to: Frederick County Fite & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Pierce Hardy Limited Partnership Mailing Address: 1019 Route 519 Eighty -Four, PA 15330 Location of property: 240 Yardmaster court Winchester, VA 15330 Current zoning: B-3 Telephone: 724-228-3636 Zoning requested: M-1 Acreage: 10.0 Fire Marshal's Comments: . LI5�04"�,,`ar',�,',uIzda Fire Marshal's Signature & Date: ,ram `�� t 1 7 12 (IS — Notice to Fire Marshal - Please Return This Form to the Applicant 22 �� CLIM DEC 012015 Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Pierce Hardy Limited Partnership Mailing Address: 1019 Route 619 Eighty -Four, PA 15330 Location of property: 240 Yardmaster Court Winchester, VA 15330 Current zoning: B-3 Telephone: 724-228-3636 Zoning requested: M-1 Acreage: 10.0 Sanitation Authority Comments: Sanitation Authority Signature & Date: Jl Notice to Sanitation Authority - Please Return This Fod to the 4plicant 25 ;NNIE0 121to I G • Rezoning Comments N`7 Frederick County Department of Public Works Mail to: Frederick County Dept, ot'Public Works Atm: Director of Engineering 107 North Kent Street Winchester, Virginia 22160I (540) 005-5643 Hand deliver to: " r Frederick County Dept. of Public"I'k Attu: Director of Engineering ' County Administvatio» tilde., Suite. Zq,2 107 North Kent Street Winchester, Virginia Applicant: Please fill out the inlurination as accurately as possible in order to assist the. Department of Public. Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Plerce Hardy Limited Porinorship _ Telephone: 724-228.3636 Mailing Address: 1019 Route 519 Locationofproperty: ?rf6YardmasterCourt Windiester, VA 1b330 Current zoning: B-3 Zoning requested: to-1 Acreage: 10.0 De artment of Public Work's Continents: �dst`d ��- LA ttz Public Works Signature Date: Notice to Dept. of Public Wor - Please Return This Form to the Applicant 21 �(� �G © dT of T DERICK I�OLICI'ick B. Williazns y�County Attorney 54N722-8383 Fax 540/667-0370 E-mail: rwillia@ co.frederick.va.us dmic' y 12, 2016 VIA E-MAI]L = debbieacliwab cr 84Lumber.biz —'AND AND REGULAR MAIL Ms:.Debbie Schwd Associate Real Estate Counsel 84Luiii6ei Compaziy ':-Building #f5. 1019 Route 519 :Eighty Four Pennsylvai is 15330-2813 Re: Rezoning Applicati6n 84 Lumber Truss Plazit Tak Parcel Number 44-A�7SB, coizsistiiig of 1 Of acres (the "Property") Proposed Proffer'Stat6rno it dated April 17, 2008 Dear Nls` Schwab:.:.. You have sitbmitted:to Xiiederick County foi review the above-ieferenced ;proposed proffer statein:erit (th6 "Proffer. Statement") for the proposed te'zonirig of the Property,.m'the Ston cwall:Magisierial District; from the B3 (Industrial Transition). Zonhig District;: witli'proffeis; to' ilie MI .(I ig11t Industrial) Zoriiiig District, . h revised proffers.' I have ow reviewed the Proffer Siateinezit and itiS my :opiriiori thaf the Proffer Staterriexit would be in a foriilao meet the zequirernents of the Frederick.Coiiiity Zoning . Ordinance and the .Code:of.Virgiilia and would be legally sufficient as a proffer:: . .: statement;subjeci to ilie following comments: Date -The Proffer Statement shows a dafe of Apiil .11, 2008, I'lle ongin 'of that `date is'nof clear 'and; ii airy event the Proffer Statement should show a current : date. Applicant/Owner Tl e Proffer Statement should consistently shove the obligations throughout as being obligations of the "Owner" as opposed to the. . "Applicant",(e.g., Pfollets A B2, and D). p . Acljoiners Staff should be aware that it appears that Tax Parcel Number 44-A- 75G should be included in the adjoiner notifications. 107 North Dent Street Winchester, Virginia 22601 I Ms. Debbie Schwab January 12, 2016 Page 2 • Preliminary Matters - In the senterice at the end of the first paragraph, *and as a follow up to Mr. Ruddy's continent number 2, it may be best to state that the 'Proffer Statement does not eliminate previous proffers for the other parcels and that, as well, the previous proffers remain in force for the Property, to the`extent riot inconsistent with the current (proposed) proffer statement. See also the comi.nents below regarding Proffers B I and C. • Proffer A'— The Proffez Statement refers to a attached site plan, .but no site plan . .W s attached. Proffer B 1 _ In addition to h: fin Mr. Rucidy's comment number 4 regarding the VPD trip limitation, I note that'the previous proffers actually placed specific building type/square footage limits cumulatively 'on the entirety of the original parcel. The Pi•opertyis a subdivided portion of that original parcel. 'Those building type/square footage limits were what was used to- ascertain the limit,of 4;603 :VPD coritained 'in the .previous proffers:::Staff and the applicant will "need to rectify how the uses) contemplated by the proposed rezoning interplay witli the existing (2005) proffered rise liziaitatioii5: Proffer C —The Proffer should affirmatively state that all other access will be pi•oliihited. Also; staff acid the applicant will need to ascertain the"status of otiginal.(2005) Proffers C2 (rightAurn deceleration laneon Route 11; per Mapping' fiinctioiis; this appears that it may have already been p6tforined) and C4 (signalization irzlpiovenlents): To the extent that the obligations have riot already . . been performed, the Proffer Statement should recognize the proportionate share of the obligation for the Property. I have riot reviewed the substance of the proffers as to whether the proffers are suitable aid appropriate for this specific development, as my understanding is that review . will be done by staff and the Planning Commission: Smce ly, " ! 1. 4odei icic B. Williams County Attoi`ney cc: Michael T. Ruddy AICP, Deputy Planning Director (via e="nail) 0 0 EBY/cmj 050017512 0 0 cn THIS DqD OF SUBDIVISION, DEDICATION AND EASEMENT made and dated this or — day of August, 2005 by and between THE ADAMS DEVELOPMENT GROUI!, INC„ a Virginia Corporation, hereinafter referred to as Declarant, and the FREDERICK COUNTY, VIRGINIA, hereinafter referred to as County. WHEREAS, the Declarant is the owner of certain property acquired by Deed dated July 16, 2003 and recorded in the Office of the Clerk of the Circuit Court Frederick County, Virginia, as Instrument Number 030015420; and, WHEREAS, the Declarant desires to subdivide a portion of the same as set forth on the attached Plats of Mark D. Smith, L.S., dated January 31, 2005 attached hereto and by this reference made a part hereof (hereinafter "Property"); and, WHEREAS, it is the desire of the Declarant to convey and dedicate to the County of Frederick, for public use for street purposes that portion of the property shown and set forth on the attached plats as Yardmaster Court and a 20' strip along Martinsburg Pike; and, WHEREAS, it is the desire of the Declarant to convey and dedicate to the County of Frederick for public use the water and sewer easements and storm water improvements and other easements set forth on the aforementioned plats. NOW THEREFORE, WITNESSETH: That for consideration, the receipt and sufficiency of which is hereby acknowledged, the Declarant does hereby subdivide and create a new tax parcel 44-A-75B containing 10.000 acres as said lot is set forth on the attached plat. This subdivision is made with the consent and approval of the appropriate authorities of the Frederick County, Virginia, as evidenced by the signature set forth on the attached plat. The platting and dedication of the aforementioned lot is with the free consent and in accordance with the desires of the undersigned Declarant, as evidenced by the signature set forth below. THIS DEED FURTHER WITNESSETH: That for consideration, the receipt and sufficiency of which is hereby acknowledged, the Declarant does hereby grant, bargain and convey to Frederick County, Virginia, and dedicated for public street purposes those portions set forth on the attached plats as Yardmaster Court and a 20' strip along Martinsburg Pike. The 0 0 rn dedication of the public rights of way is with free consent and in accordance of the desires of the undersigned Declarant as evidenced by the signature set forth below. THIS DEED FURTHER WITNESSETH: That for consideration, the receipt and sufficiency of which is hereby acknowledged, the Declarant does hereby grant, bargain and convey to Frederick County, Virginia the various drainage, water and sewer, storm water, improvement and other easements shown on the attached plat. The Declarant reserves the right to make any use of the property over which the easements herein granted cross, which use may not be inconsistent with the rights herein granted. The County, its employees and agents, may go onto the easements conveyed to the County for the purposes of installing, maintaining, repairing, replacing, inspecting, and removing any improvements in or on the easements. No structures or other improvements shall be placed on or in the areas of the casements which may interfere with the County's use of the casements. WTTNESS the following signatures and seals The Adams Development Group, Inc., a Virginia Corporation R. resident STATE OF VIRGINIA AT LARGE =ftYCOUNTYe_ OF /G(oltAZ. ,� To -wit: I 711. the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify the R. C. Adams, President, of The Adams Developmept Group, Inc., whose name is signed to the foregoing Deed of Dedication, dated this q'�_ day of August, 2005 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. V 1 .THIS DEED made and dated this day of November 2005 by and between THE AD MS DEVELOPMENT GROUP INC. a West Virginia Corporation, of the one part, hereinafter called the Grantor; and HARDY MANAGEMENT COMPANY, LLC, a Nevada limited of the other part, hereinafter called the liability company, 0 m tn Grantee. r-, WITNESSETH: That for and in considexat�on of the Ten Dollars ($10.00), and other good and valuable Wa sum of the receipt of which is hereby acknowledged, CDa consideration, the Grantor does herebyg rant and convey.with general warranty 0 0 o H w r� r and English covenants of title, unto the Grantee, in fee ,+ c" v `� simple, all of that certain lot or p arcel of land, together `H'Q � all improve ments thereon and appurtenances thereunto w w with belonging, containing 3.0.00 acres, more or less, situate in � aw H Stonewall Magisterial District, Frederick County, Virginia and described by Final Subdivision Plat drawn by more particularly a Mark D. Smith, L.S., dated January 31, 2005 attached to the & Deed of Subdivision, Dedication and Easement dated August 2, a, 0-0` 5 p Inc. and Frederick 2005 between the Adams Develo ment Group, County, Virginia, of record in the Clerk's Office of the g p �E Viz inia as Instrument No. Circuit Court of Frederick County, g 050017512. AND BEING a portion of the same property conveyed to The Adams Development Group, Inc., a West Virginia corporation by Deed from Brown Lovett, Jr. by his Attorney-in- 1 01 Fact, Catherine C. Lovett dated July 16, 2003 of record in the Clerk's Office of the Circuit Court of Frederick County as Instrument No. 030015420. This conveyance is made subject, however, to all rights, rights of way and easements of record, if any, affecting the aforesaid property. WITNESS the following signatures and seals: THE ADAMS DEVELOPMENT GROUP, INC. L (SEAL) By: R. C. Adams, President STATE OF VIRGINIA, CITY OF WINCHESTER, to —wit: The foregoing instrument was acknowledged before me this f�_ day of November 2005 by R. C. Adams who is president of The Adams DevelopmeVGr;o"u nc. My commission expires��L lic VIR(jINIA FREDERICK COUNTY. SCT. This instrument of /writing was produc0d to me on and with c�,,rttficate of acknowledgement thereto annexed was admitted to record. T imposed by Sec. 58.1-802 of � , twd 58.1-801 have been paid, if assessable. 1 Clerk 0 A SettititnerltSCatemrmt � a� 6«snc.dap,nwti OW NcL 25OZ-0 s S. Typo of L om 1. Q FHA 2- E] F1nt1A 3. F] Cunv. Lkkm I r» 7+urr�ac �l mn Nwnb�t 1 �oclpa4o vwxwc*'=;qm itumoer Jj �-t571 4, MVA 5. ()Com.Ins. C. N 01E: Thta iam Is filrrlbW b ttiw yw a atstemertt of astWi settSrlxM tbsk Atrtol-nI- paid b and W ttw sadement agent Am stn 1. t" nWULd'pm.c' %" Pab outside of dodV, itley ase ahown We toe MAlfmaborW purpow and are not ktdodod in ow 1oL & D. NAM-E AND ABORE89 OF BDRROWEFi ` Nar:lY Ct>�pp vnsyy LLC - - - - lO f 01?olrta i%r �a1rlY Faar, }t415370 I- NAME AND ADDRM0F8EL1FR 71-Aal- 154 ft Tim�fcanss.Itu>c , VA 2116 F, NAME ANO ADDRESS OF LENDER: G,rROPERTY 10aarrtSiode"wvlWaoswalDh * LOCATtON; W r4herlpr VAR K SETTLEMENT AGENT; Lwrldy Lwrfck d Pry", P.Q PLACE OF SETTLEMENT: 25Pa" 6astrr~+n 5Lsr4 W*)WW. VA 22WI TIN; a4_045"l) I, vsrn FJAENT DATA l ial 1ACs RESGISSM DATti.• a 100, OS$ AMOUNT DUE FROU RCIRR64TM 400. GROSS AMOUNT DUE TO SELLER: 101, takW a3ks Price 401. Gcnhd sales/11oe 1 000 000.00 102. P*so" 102f sm*lWgtopwty Mn 103 SMW tdlvl�K bDanv w: Pmm *W 1400 m 40M 704.0 04. 40/. 1U0. 40& AD.IUSWENTS FOR ITEMS PAW BY SELLER IN ADVANCE. imCRy'w n%t in ADJUSTMENTS FOR tMMfj PAID BY SELLER IN ADVANCE; 4mC*A-Tox" to 107.C"'rmw to 401.1'.a; y7-ys 10 top. Aawnw M.YIft Lei& AttdtnleMt 10 too. 400. 110 4Uk 71 i. A11, 112 •1Z 1 20, GROSS AMOVT DUE FROM BORROWER. 420.GR09sAMO rDUETOSELLPR; ;x,Pod,o4o.ou ROD, AMOUN S PAID by OR IN BEPIALF OF BORROWER- W. REDWOTWAS IN AMOUNT LXX TO SELLER! 201. Dnpo! t 1x owbw rt" i1, 400, 40 6M. Ems Iw k4tvciont R02.Pttnc4W■11axoanewIwgl) 502-Sd &npntciw m1etdw(kwIAOM ;t,7A0.00 P031 piping ban(O blk-subiod to E03. l;434v M*., t)tsbn 10 R04. Is4, PtryMdthtt fowl Isar0thon Dank �50D, 071. 00 R04 605. d NcoM hrt 2tW m Sctarurut, 7xack rick County ,11,3DO,d9 .2A tA1R . 2D1. Wk AUJUb7MENTS FOIL "VJA5 UNPAID OY $ELLER-. 210. Ott% w tmt to ADJUSTMENT$ FOR ITEMS UW JD BY SF1 LED; 1s10. W" to 211. COtrnlrums 07/01/2005 10 11/21/1005 1342. 417.Ca *fimm 07/0I/ZOOS b I2/27/2M 034Z.72 :717, A{{tltnlafttf in 51Z, A'sss w wm >o . 213. s19. 214. 514. r1s. a1s. • 21a ate. R17, 1117. 210, 634 211). Sim 220. TOTAL. PAID 6Y"R BORROWf7t' �1, 3t2. 72 6U0. TOTAL REDUCTION$ IM AA40LWT DUE TO BELIUM ,t51s, SGf . ti 391.Grossarllouttlduehornbmo-ef(Wm 120) AL 003,S6o.30 0D1_{3s0ptg0plsatdtsabsso0�ffife420) ,s7,ppn,(HM.DA 347 Less wrim" Pakibyt* bmww (Lhe 220) 31.sA2. 7 e02- Lew rokc6 u In aa7t. due3cfer (r a 5M 2313,s01. Al :ia s < AS11 {ill FKW 3 (a TO ) SOMZOWM. *7, a0z, 677, 50 ' ( O FK?,Ldl { EI70) Sti1 Lt3L $ale, cgs. s9 HUD4 (3-ft) - RP -SPA, HB 4305.2 PAGE i .SkMO11 r1eC: 7F1,000'evo.0A p s. orv151aN a>: Isslow � 7fl1. b ?01 b wm b 704. b M. COTUft*M lbd M =Trent Ome w. iau4ms PAICIMM PAM FRCAI B_ OIiRO1HESYS SF_1LFFiS FUNDS FUNDS AT AT SETTLBAENr SETTLEMENT am, Law uflratlenlow x am. Lo.a e>Qurc x aos.,�w+e..rwe� aaa.Ous *.PM a m6. L.d.rs adpeatr w and Lkwm al Mseter aled'e[~p.t. aa7. Atwykm I.. am W96 4110, nl, au 60 au 815 au 017 au a» eTo 901. lW"hn b O 1doy on. ►ANOMV aerlo.pwea nb nq.b Tel Mpsd Le...eto. Putadu. Ak RL a 90t, >:bod ieweo. pr.e+urlkw yr..r l06. W. fpab kk..nat e++ 4 42 pw RWM 1eox. MWIC"++e+.rw .ronaa m PW now 1= alr— v L . Pleet111 a pnmerdk foa4, Gae.nr a�N im .,..diT m P� �dl iaoa. Mw*M d9 ormann+ load Flood OWFWWA AWOOO p —di 1Pa7. A1oet11. m Pew MAIM lane• Mwft 4 parmoM • Agaregate Accounting Escrow PA ustamt 1101. 1 IKeer.seMwq Iw 11G7, %�M.CIOe Co. MteW k 1'1W. t1d.t�cYe.ton r na.71Y hMr}eew bkdrt a 1100. DOMIk.oe.or.<tn7a tta. xmer rr r ilw.wa.ngaa..tP dRMeeet aeod. a..rlrw 1teL m� Yuvats N 4.tAd..ahor.aw�alre 110tt. Lsea.rY oore.p ttta a.�wsw.dr.�. _ 11t1. H12 lira 1=1lbe.e - reM lm-C%domw -- lm srw wetrnpe 'tool. CcmEtae•s Ise ams. satrmd JCaa.�.re IML sw"T — tmi 1�0L a� 14M TOTAL SETTLE $OIIUVaf. �t' � tl+k: Ala n any,LLC JRrMrt�damt %a�af d 8f:(IDYM'ar: Bair. Aga* Dada: Selbr& DW __.. _._...._ .. .__ _.__ ... Dfia: .. _ _. ._. . %Vwt 17ttx iha tt110.1 ScidemiallSinlarrrm which I hrvs plrpan4 M a trw and aparob aeoou,l d Wd 4.nsad,'on. I Mro cwrd a wld cause t7M ls,dt +o lk t7K0U+ad in d000�dMq shm tie IWA .nL as:e: StMfCtnitdApenC 17aM: .Unw a Dtnown WARN INR Nk a c+hr to 1ugy�lnpfy {rWa tiMo ftnte r* is to to U$md S W" Kn His awry O*W *rAwiafi. PN+�MiM upm torxtodon can ixl rdo im *+ d frtlplson nWA For*Aall SeW.l de 1b U.S. COMSet M 1001 and S&CJon 1010. 0 cn m H rn r.G �a oP� o o� 4-3 0 o to 0 H •rt 0 W {per U Q ar4 w U) U)r4 �xW a a cn M Ln r 9 11 CYI .THIS D.FED made and dated this af��day of November 2005 by and between THE ADAMS DEVELOPMENT GROUP INC.f a West Virginia Corporation, of the one part, hereinafter called the Grantor; and HARDY MANAGEMENT COMPANY LLC, a Nevada limited liability company, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey -with general warranty and English covenants of title, unto the Grantee, in fee simple, all of that certain lot or parcel of land, together with all improvements thereon and appurtenances thereunto belonging, containing 3.0.00 acres, more or less, situate in Stonewall Magisterial District, Frederick County, Virginia and more particularly described by Final Subdivision Plat drawn by Mark D. Smith, L.S., dated January 31, 2005 attached to the Deed of Subdivision, Dedication and Easement dated August 2, 2005 between the Adams Development Group, Inc. and Frederick County, Virginia, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 050017512. AND BEING a portion of the same property conveyed to The Adams Development Group, Inc., a West Virginia corporation by Deed from Brown Lovett, Jr. by his Attorney-in- 11 1 L.0 G. Qam X hZE pc 4 0 • Q� Fact, Catherine C. Lovett dated July 16, 2003 of record in the Clerk's Office of the Circuit Court of Frederick County as Instrument No. 030015420. This conveyance is made subject, however, to all rights, rights of way and easements of record, if any, affecting the aforesaid property. WITNESS the following signatures and seals: THE ADAMS DEVELOPMENT GROUP, INC. By: (SEAL) R. C. Adams, President STATE OF VIRGINIA, CITY OF WINCHESTER, to -wit. The foregoing instrument was acknowledged before me this day of November 2005 by R. C. Adams who is President of The Adams Developme4GT70u nc. My commission expires��L Is] V1RCnstr entof w RI g � prrooducad to me on TY- SCT- This rostrum ��1} // An Cr Ifi./'UV at F" and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec. 58.1-802 Of S _j . U . , and 5S.1-801 have boon p2id,.if assessable. 4" I/Ij4d—i , Clerk 0 A;Seiti9meRtSta(cmant 0 �a17ar, QM Nm 25e2-0255 S. Typo of Load 1. ❑ FHA Z L] FmtiA 3- (] Cony. U*n r" rlurlfDw t tvunxxr I faz a Ins<aaMB L44ie Iwfmoer S-[.y71 A, [J VA 5. (7 COW. lna. C. N OTE: This lam Is (iwhhod to *r v you a snderrlerlt d wi ", sett)rrnent nosh Amo+w is paid b and W ttfe ssWemcM agent PIa sho^ tletili mariced'p.o d wan pals outside of doskr, "are 3hmm We for MkMa600al pwpos" acid are not knhxW in U» M*. D. NAME AND ADDRESS OF BORROWER: Hardy Cv� L -0 - - 1 012 Ii orF=y .a i5390 E NAME AND ADDRESS OF SELLER > B�a+wr/1�rGt°+h0. VA 22a26 F, NAME AND ADDRESS OF LENDER: G,PROAERTY 10arr"Sso,e»adi/apish"lD409 LOCATION; WfthcOwr VA o-21W K SETTLEME,NT AGENT; Lxrrkk Larrkk d P1'+p+Yq, P.Q P=- OF SETTLEMENT: 25 EAU Postftw Sbw4 %Vxu�. VA 22001 TIN: W-01 9 1.16ETTl.F.AIENT DAM f v22PAV3 RESCISSION DATE: 0 1t10. WOSS AMOUW DUE MMU BORWM 400. GROSS A!`401k{T DUE TO SF) 1 FR• 101, Co*pd Saks Prk/ 01. 1Ccnkr d Sal" 1 - I doe 00o.00 102, P�rtonti 4Q2,r'«vww 103 invtmwwdtw�Yc10bcnu..r. (keelWw 1400)704.104. M40% 40M AD USTMENTO FOR ITEMS PAID 6Y SELLER IN ADVANCE IM CK)""" try b AMIU''TUDOS FOR ITEMS PAID BY SELLER IN ADVANCE; Aok� C11 MM 7*06 w f07. Canty Tws b 407. f�wll7nett b t011Nesaa>terlhc 10 tea Awawtrents 70 108. 1W. 170 410. 717. 4i1, 11z •12 M,MOBS AMOU iOUEFROMBORROWER:- $-"0V3,9d0.30 4�.ORoSsALoj TDUETOpEUJM; ;x,p0a,o4a.oa ZOO, AMOUNTS PAID E3Y OR IN DEI-MF OF l3 RROWER 500. REDO - IN AMOUNT TO SELLER Z01. Lfupay l W uarnesl moMY tl, 000, 00 WI. E�ww 0. kwkm*ra 2n2.PrfivP ■a7xAixMWIc I) OMSdfirnreldwoo10 "w(koIAWi ;1,7410.40 .^A31 Ptf* G banft) laktnsuyeel to W3. Efr 3ftl xn t)tsbn so Z04. ".P dMrMw4P bw uarrrthon Dank all. 0o '11e. 605. dtvoonQttbrlOapekwn 2A Ldt rrfaarurs=, rzodsrick Co=ty 42,3.10.49 �T. 307. 2w 20l. 50a. AWUSTMENT3 FOIi f gEW UNPAIO f)Y $Ml.ER: 210. COrnf em" io ADJUSTMENTS FOR ITEMS UNPAID 13Y SELLER; 9f 0. %xq6 1a 211. Cowtytwes 07/01/=003 b 11/21/=005 $30.72 411.Cau[(kawr 07/01/200s is 21/2I/2903 4131z.72 a17, AtWS M C" io SI2 AMaunw" b . 213. fits. 274. O1i 213. 3)S, 214 file. �17, 617. Y19, auI 219, 514 220. TOTAL PAID UY)MIR Bollpto nt. �i,312.72 520, TOTAL REDUGTION5 ' INAAKXMTi7UE7QSM9E1L Sat5.SOf.t1 I 9EI I 1 riiUW 3 0 H0tifiCjWtrc MI. Gf"sa.7;Ot lduefiaeixxrq (A.120) d'_ 003,960.30 901_G3rMA4>4ro11drafo9WWGile420) V,Pon, M -Do WZ ti:ss wwxKA p 4dbyi(Orborlower (>+� � J 41,12.7 902. Lon rnkr:5wwi *WiL due MMoriGif 6-.M ?723.30t. i2 ' ( MFRMy (0TO) HOR�WM. sx,PDz,CZ7,5d 003'IAl ( [IFRW) { MTJ) MiE3Z Safie,[95.59 HUD-1 t3-ft) - Re -SPA, HB 430s2 PAGE i - oue>a�.'sxu�rsa =MME CHARM 7W.7OTALSA1fSMROK SL.O},IMWON i PXCIMU PAID FRMI i ad6» ON r» 1, 000, 000. 00 p U. PORROLYER'$ ,SEl1F-n FUNDS FUNDS pf VMION OF COWISSION (LINE 700) AS FDLLOWS: A7 AT SETTLEWEHP $ET77.EWE?ff iQ7. b 704. fo i06.CtrRr1lfOlt w 7�>dMIW'R a01. Lw Aw. Low t»ut % a01.7g1iYr1 Ha � t61. Cnd1 epon tX ao3.l+d�ts wpeualK 1fea. YY10�0� �'�l/R�01 +tiY'�CJa0f11ae 70 ae7. AgtRgiul {w 1a7. af0, B 1, $12 e12 eft i16 au ell ass 4 a» em i'AL alp ta07. ZXL 13 Mi.), Wrk�l kmb A J dfr ^� 16t. a1d10�a MaA1W1 Pry'K"b. o m4. b tQl4wraN Y.urw �� � 54s- b ]6t, >;bod Inn..,o. vr.M.4fu y n. w !K. 101it. 11raYd barano, N...I�s b p.' 100a. M«ww.iw.rw �roe aa m p«en ga tpal. fay pyy,{y Lax"rnenvK O M*^`� 1oo4,twiypropifyfan mmt+r m Pw�" ' loos. Mnr r•++•�.++ 11xriM 6p.rmona, ' 1 Wel):1po1 Mnw1Ft TnaMl= p yvn.ora� 1Po7. +m+Ma �b pvrnaK1 r love. rt+or�a 4 PK rroMt �• IWrireQata Accounting_ Escrow Ad untaatnt I10w+[.aHn4nortwMO{Mb y •�+al:, ,urz3ct i Stcn.o, r.c, d150.a0 >;t2oo.a0 lla¢, Iinr.cta aw era a I4w.Tr.n.e,a»Ienw .�.... R. sa>=tnk, Jr. 17o.Do 11o1.7yw M�r�cs ftrdw q ' f10S. 0ecvliwit t�aPaneaiq 7atrlCk, r.•*r4 -� aAca�m P.C./r O. �utlur d�0.00 x400. 00 Y1ov.lbWr 1.ra 1tW,11M,.rr�vhvs ao drYiova aeevt slur IaaiRs: f Il0t. mlltr+r.41v [Suzan Title , r+akdaa.bowra.r.ltr+wa 1 il,re0_a0 1101, taaarl a1wMv/ 1110.0wiTh 3g 2A0,00 l 3Y.00D,000.QO 1111. 1t+z tlla. • tlul.ltiowryl.M tar 3.aa ;►+.Isva ;rr+n.n � s2�.tllrtsvarvr.n= f>..e 3J.JO:lroryi.P 1!2ml8wrrw�K Dow J2 'J00, 00 :11M+vyt :Oer ZM 000.OQ um.GY.atac-• 7'�iC $I, ON. 00 72G3. aycvsd ian/wot amd Rsslrlttt.t Ctrnwat jt1„00 14M=ALSE77>IAENTCHARGES j t�,rsa,30� ",�a0.00 t �� 0 »a14: }li ♦tri n 1P Y. u Robwf A d2n4 6aaar or 8crrohw Dalr Ape* Dam: SNkx tr Dew Daw Disc iha HUD•1 senbd»+i SF.larnw whtcit t taus prrpx.4 M a au.,nd.garob +mov�l pld�s tr.•s�ad;on, 1 t4vd cwaad a r►1 cawa tn. lash t> Ae aso�w.e in a000�denta WO t4 slaYmR i t1aa: SeftltrMtdApant 1XiM: JAt"s A. Drown WARNING-''ttkaujamjo o*-,*pwmfv owxjM*yatotwLWMdSW"unNoorwjo'trrtmiriam6PM7�iwupogporxfodbiconinc#doatn�*ndtn�xisvrr meet ForMaly s6w.lbi 11 U.S. Co6dSac6on toot andSec%m 1010. 8/25/2015 Untitled Page • j Picdcnck Ilunn• I' Tcdcrick C Otlllt) VII'gll11a I'ay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Deal Estate Ticket Detail Previous 2014 REAL ESTATE Depl/Ticket/1IRE2014/306630001 Frequency ,1 ' Supplement# 0 Name -PIERCE HARDY LIMITED PARTNER: Map/1;44 A 75B Account# 8043958 Name 2 Bill Date 04/14/2014 Acreage 10.000 Address 1019 ROUTE 519 Due Date 06/05/2014 Improvements $2,030,100.00 (EIGHTY FOUR PA Desc10.00ACRES Land Value $656,700.00 Land Use $0.00 Zip 15330 2813 Minerals SO.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 06/10/2014 Current Pavmenl stales Original Bill Payments I'linciple Balance Due Penalty Interest Balance Due $7,858.89 ($7,858.89) $0.00 $0.00 $0.00 $0.00 Transaction history Date Type Transactiontt Amount Balance 4/14/2014 Charge 0 $7,858.89 $7,858.89 6/9/2014 Principle Paid 3026 ($7,858.89) $0.00 Previous https://taxes. co.frederi ck.va. us/applications/TR_payTaxes/R ED etai 1. aspx 8/25/2015 Untitled Page • i FIc(lellckIIonic 1`1-cdcI iwl\ uO1 io. Virginia t,1! .tl iifi 1,, hay/L,00kuh 'faxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Deal Estate Ticket Detail Previous l 2014 REAL ESTATE Dept/ l'icketd/ RE2014 / 306630002 Frequency 2 Supplement/i 0 Name PIERCE HARDY LIMITED PARTNER: Map// 44 A 75B Account# 8043958 Name 2 Bill Date 04/14/2014 Acreage Address'1019 ROUTE 519 Due Date'12/05/2014 Improvements EIGHTY FOUR PA Desc 110.00 ACRES Land Value Zip 1S330 2813 Penally Paid Original Bill $7,858.89 Date 4/14/2014 12/1/2014 Land Use Minerals 10.000 $2,030,100.00 $6S6,700.00 $0.00 $0.00 $0.00 Interest Paid $0.00 Last Transaction Date 12/02/2014 Current Pavmcnl stahis Payments Principle Balance Duc Penalty Interest Balance Due ($7,858.89) $0.00 $0.00 $0.00 $0.00 Transaction history 'rype 'Transaction/1 Amount Balance Charge 0 $7,858.89 $7,858.89 Principle Paid 1718 ($7,858.89) $0.00 LPrevious https://taxes.co.frederick.va.us/applications/TR_payTaxes/R EDetail.aspx 1/1 8/25/2015 Fledcnck I Ionic Untitled Page 0 ('ULIi)tti' V1Fg1111a Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Beal Estate Ticket Detail Previous 2015 REAL ESTATE Dept/ticket#,RE2015/308310001 Frequency 1 Supplement# 0 Narne PIERCE HARDY LIMITED PARTNER: Map#,44 A 75B Account/1 8043958 Name 2 Bill Date ,04/14/2015 Acreage Address 1019 ROUTE 519 Due Datc '06/05/2015 Improvements EIGHTY FOUR PA Desc'10.00 ACRES Land Value Zip 15330 2813 Penalty Paid $0.00 Interest Paid $0.00 ('anent Pavmcut Status Original Bill Payments Principle Balance Due Penalty $6,114.08 ($6,114.08) $0.00 $0.00 Transaction history Land Use Minerals Last Transaction Date 06/04/2015 10.000 $1, 526,900.00 $656,700.00 $0.00 S 0.00 Interest Balance Due $0.00 $0.00 Date 'I,ype Transaction// Amount Balance 4/14/2015 Charge 0 $6,114.08 $6,114.08 6/4/2015 Principle Paid 657 ($6,114.08) $0.00 Previous https://taxes.co.frederick.va.us/applicationsfTR_payTaxes/REDetail.aspx 1/1 IMPACT ANALYSIS _STATEMENT Each rezoning applied for will require the submission of an impact analysis statement. The Director of Planning and Development may waive this requirement for certain rezoning requests such as small areas of land which will involve negligible impacts. The applicant's impact analysis may use different methods and formats and in many cases should be prepared by a professional. The applicant should discuss tine impact statement content and format with the planning staff. In general, each of the following issues should be separately and specifically addressed and information should be provided as specified: A. Suitability of the Site: The location of each of the following constraints or features on the site should be indicated: *100 year flood plains *wetlands *steep slopes (over 15%) *mature woodlands *prime agricultural soils *soil or bedrock conditions which would create construction difficulties or hazards A general estimate of the amount of area in each of the above categories should be noted. Information on any other site constraints or hazards should also be noted. S. Surrounding Properties: The use of adjoining properties should be indicated along with the location of residences on the adjoining properties. The distance between the boundary of the property to be rezoned and residences or other structures which might be impacted by the rezoning should be indicated. The potential for impacts on surrounding properties associated with noise, glare, fumes, pollution, odors or other nuisance factors should be addressed. C. Traffic: The impact analysis should describe the projected impact that the rezoning will have on surrounding roads and tine County's adopted road improvement plan. Existing conditions should be discussed and standard sources or methods should be used to describe the maximum traffic that would be anticipated from development of the site under the existing and proposed zoning. Information on anticipated traffic should be provided in ternis of average trips per day and average peak hour trips for each proffered phase of the project. Some determination of the resulting travel 4 conditions on the roads should also be provided. In order to determine traffic generation, the maximum possible density or intensity of development should be used (the maximum possible density and intensity for each zoning district can be found on Page 8 of tlnis application packet.) Lesser densities or intensities of development should be used only if they have been proffered. A detailed Traffic Impact Analysis (TIA) is required witli all rezoning applications. Examples of additional information which may be required include: *Detailed traffic count information on roads impacted including traffic in each lane *Information on turning movements at intersections and entrances impacted *Existing level of service on roads and at intersections impacted *Distribution of trips generated on roads impacted *Projected level of service on roads without rezoning *Projected level of service on roads impacted with rezoning, upon completion of each proffered phase and after complete build out of the site. *The resulting road improvement cost that would be the result of the rezoning The detailed traffic analysis shall be prepared by a qualified professional and employ standard traffic planning methods and data sources, such as those described in the following sources: Transportation Research Board, Highway Capacity Manual, Special Report 209. Institute of Transportation Engineers, Trip Generation. Joe Mehra and C. Richard Keller, Development and Application of Trip Generation Rates, Federal Highway Administration, Report Number FHWA/PL/85/003. C. Richard Keller and Joe Mehra, Site Impact Traffic Evaluation (S.I.T.E.) Handbook, Federal Highway Administration, Report Number FHWA/PL/85/004. In making projections, the applicant may select a time period which seems appropriate in terms of the build out period of the project. The detailed traffic analysis should describe the methods used. Details of the calculations should be provided along with a narrative describing the analysis, the assumptions used, and the results. Data sources should be noted. 5 0 0 D. Sewage Conveyance and Treatment: Sewage flow projections should be based on proffered phasing of the project and on complete build out of the site at the maximum possible density or intensity of development after rezoning. The location and size of existing sewer mains to be employed should be noted along with the distance to these mains. Information should be provided on the capacity of the existing sewer mains and what effect the proposed rezoning will have on capacity. If on -site sewage disposal is to be used, information should be provided on the suitability of soils, type of treatment proposed, and the feasibility and appropriateness of methods to be used. Potential for impacts to water quality should be addressed. E. Water Supply: Water use projections should be based on proffered phasing of the project and on complete build out of the site at the maximum possible density or intensity of development after rezoning. The location and size of existing water mains (or wells) to be employed should be noted along with the distance to the mains. Information should be provided on the capacity of the existing water mains and what effect the proposed use will have on capacity. F. Drainage: Drainage features and patterns on the site should be described. Streams and drainage ways potentially impacted by drainage from the site should be identified and potential impacts should be described. G. Solid Waste Disposal Facilities: The impact analysis should project the amounts of solid waste to be generated for each proffered phase or for the average year after complete development of the site. The projection should be based on the maximum allowed density on the site unless lower densities have been proffered. H. Historic Sites and Structures: The location of historic sites and structures, identified by the Frederick County Rural Landmarks Survey Report, the Virginia Division of Historic Resources, or listed on the State or National Register, on the land to be rezoned or on adjoining properties, should be described. The distance from the boundary of the land to be rezoned to the historic structure or site should be given. There may be other sites that were not identified by the County Survey that should be identified by the impact analysis statement. I. Impact on Community Facilities: The applicant's analysis should project the local revenues that would be generated by the structures or facilities proposed. The projections should be for each proffered phase and for the average year after complete development of the site. The costs of services provided to the development, and local government activities that would need to be increased as a result of the proposed development, shall be projected for various government services including the following: Education Police Protection Fire and Rescue Protection Parks and Recreation Solid Waste Disposal Other Govermnent Activities In addition to the applicant's analysis, the plaruiing staff uses its own Development impact Model (DIM), a fiscal impact model, to project the potential impact of the proposed rezoning on the capital cost of the following types of community facilities: School Facilities Parks and Recreation Facilities Fire and Rescue Facilities Public Safety Facilities Library Facilities General Government Facilities The County's Development Impact Model, evaluated annually, calculates the projected capital cost for community facilities attributable to proposed development. J. Other Impacts: General impacts on the cost of providing County facilities to serve the development or its residence should be described using the Capital Improvements Plan as a reference. Other potential impacts on surrounding properties should be described. 7 0 0 Maximum Possible Residential Densities in the Residential Performance Zoning District, Determined in Terms of Fiscal Impact Parcel Size Maximum density 0-10 Acres 10 Dwellings Per Acre 11-100 Acres 5.5 Dwellings Per Acre 101+ Acres 4 Dwellings Per Acre The maximum possible density for the R-4, Planned Development District is four dwellings per acre. For the R-5, Recreational Community District, it is 2.3 dwellings per acre. Maximum Possible Business and Industrial Intensities By Zoning District -Determination Based on Trip Generation and Fiscal Impact on Capital Facilities Zoning District Maximum Possible Square Feet of Structure Per Acre of Use B-1 13,068 Square Feet of Retail Use B-2 21,361 Square Feet of Retail Use B-3 18,848 Square Feet of Retail Use OM 23,056 Square Feet of General Office Use M-1 24,750 Square Feet of General Office Use M-2 28,050 Square Feet of General Office Use IMPACT ANALYSIS STATEMENT Each rezoning applied for will require the submission of an impact analysis statement. The Director of Planning and Development may waive this requirement for certain rezoning requests such as small areas of land which will involve negligible impacts. The applicant's impact analysis may use different methods and formats and in many cases should be prepared by a professional. The applicant should discuss the impact statement content and format with the planning staff. In general, each of the following issues should be separately and specifically addressed and information should be provided as specified: A. Suitability of the Site: The location of each of the following constraints or features on the site should be indicated: * 100 year flood plains *wetlands *steep slopes (over 15%) *mature woodlands *prime agricultural soils *soil or bedrock conditions which would create construction difficulties or hazards A general estimate of the amount of area in each of the above categories should be noted. Information on any other site constraints or hazards should also be noted. B. Surrounding Properties: The use of adjoining properties should be indicated along with the location of residences on the adjoining properties. The distance between the boundary of the property to be rezoned and residences or other structures which might be impacted by the rezoning should be indicated. The potential for impacts on surrounding properties associated with noise, glare, fumes, pollution, odors or other nuisance factors should be addressed. C. Traffic: The impact analysis should describe the projected impact that the rezoning will have on surrounding roads and the County's adopted road improvement plan. Existing conditions should be discussed and standard sources or methods should be used to describe the maximum traffic that would be anticipated from development of the site under the existing and proposed zoning. Information on anticipated traffic should be provided in terns of average trips per day and average peak hour trips for each proffered phase of the project. Some determination of the resulting travel 4 0 0 conditions on the roads should also be provided. In order to determine traffic generation, the maximum possible density or intensity of development should be used (the maximum possible density and intensity for each zoning district can be found on Page 8 of this application packet.) Lesser densities or intensities of development should be used only if they have been proffered. A detailed Traffic Impact Analysis (TIA) is required with all rezoning applications. Examples of additional information which may be required include: *Detailed traffic count information on roads impacted including traffic in each lane *Information on turning movements at intersections and entrances impacted *Existing level of service on roads and at intersections impacted *Distribution of trips generated on roads impacted *Projected level of service on roads without rezoning *Projected level of service on roads impacted with rezoning, upon completion of each proffered phase and after complete build out of the site. *The resulting road improvement cost that would be the result of the rezoning The detailed traffic analysis shall be prepared by a qualified professional and employ standard traffic planning methods and data sources, such as those described in the following sources: Transportation Research Board, Highway Capacity Manual, Special Report 209. Institute of Transportation Engineers, Trip Generation. Joe Mehra and C. Richard Keller, Development and Application of Trip Generation Rates, Federal Highway Administration, Report Number FHWA/PL/85/003. C. Richard Keller and Joe Mehra, Site Impact Traffic Evaluation (S.I.T.E.) Handbook, Federal Highway Administration, Report Number FHWA/PL/85/004. In making projections, the applicant may select a time period which seems appropriate in terms of the build out period of the project. The detailed traffic analysis should describe the methods used. Details of the calculations should be provided along with a narrative describing the analysis, the assumptions used, and the results. Data sources should be noted. 5 0 • D. Sewage Conveyance and Treatment: Sewage flow projections should be based on proffered phasing of the project and on complete build out of the site at the maximum possible density or intensity of development after rezoning. The location and size of existing sewer mauls to be employed should be noted along with the distance to these mains. Information should be provided on the capacity of the existing sewer mains and what effect the proposed rezoning will have on capacity. If on -site sewage disposal is to be used, information should be provided on the suitability of soils, type of treatment proposed, and the feasibility and appropriateness of methods to be used. Potential for impacts to water quality should be addressed. E. Water Supply: Water use projections should be based on proffered phasing of the proj ect and on complete build out of the site at the maximum possible density or intensity of development after rezoning. The location and size of existing water mains (or wells) to be employed should be noted along with the distance to the mains. Information should be provided on the capacity of the existing water mains and what effect the proposed use will have on capacity. F. Drainage: Drainage features and patterns on the site should be described. Streams and drainage ways potentially impacted by drainage from the site should be identified and potential impacts should be described. G. Solid Waste Disposal Facilities: The impact analysis should project the amounts of solid waste to be generated for each proffered phase or for the average year after complete development of the site. The projection should be based on the maximum allowed density on the site unless lower densities have been proffered. H. Historic Sites and Structures: The location of historic sites and structures, identified by the Frederick County Rural Landmarks Survey Report, the Virginia Division of Historic Resources, or listed on the State or National Register, on the land to be rezoned or on adjoining properties, should be described. The distance from the boundary of the land to be rezoned to the historic structure or site should be given. There may be other sites that were not identified by the County Survey that should be identified by the impact analysis statement. I. Impact on Community Facilities: The applicant's analysis should project the local revenues that would be generated by the structures or facilities proposed. The projections should be for each proffered phase and for the average year 0 11 after complete development of the site. The costs of services provided to the development, and local government activities that would need to be increased as a result of the proposed development, shall be projected for various govermnent services including the following: Education Police Protection Fire and Rescue Protection Parks and Recreation Solid Waste Disposal Other Government Activities In addition to the applicant's analysis, the plaruung staff uses its own Development Impact Model (DIM), a fiscal impact model, to project the potential impact of the proposed rezoning on the capital cost of the following types of community facilities: School Facilities Parks and Recreation Facilities Fire and Rescue Facilities Public Safety Facilities Library Facilities General Government Facilities The County's Development Impact Model, evaluated annually, calculates the projected capital cost for community facilities attributable to proposed development. J. Other Impacts: General impacts on the cost of providing County facilities to serve the development or its residence should be described using the Capital Improvements Plan as a reference. Other potential impacts on surrounding properties should be described. 7 0 The maximum possible density for the R-4, Planned Development District is four dwellings per acre. For the R-5, Recreational Community District, it is 2.3 dwellings per acre. 8 Maximum Possible Residential Densities in the Residential Performance Zoning District, Determined in Terms of Fiscal Impact Parcel Size Maximum density 0-10 Acres 10 Dwellings Per Acre 11-100 Acres 5.5 Dwellings Per Acre 101+Acres 4 Dwellings Per Acre Maximum Possible Business and Industrial Intensities By Zoning District -Determination Based on Trip Generation and Fiscal Impact on Capital Facilities Zoning District Maximum Possible Square Feet of Structure Per Acre of Use B-1 13,068 Square Feet of Retail Use B-2 21,361 Square Feet of Retail Use B-3 18,848 Square Feet of Retail Use OM 23,056 Square Feet of General Office Use M-1 24,750 Square Feet of General Office Use M-2 28,O50 Square Feet of General Office Use TECHNICAL MEMO TO: James 84 Lumber,E Company `or�EA1T11 op ���c FROM: Michael Glickman, PE, PTOE Volkert, Inc. DATE: October 3, 2015 PROJECT• 84 Lumber — Rezonin A lication 111CNAEL GLICUAN Lie. No. 36666 k� ss/0 F.�`G`� AAL Stephenson, VA g PP Michael C Glickman 2015.10.03 13.03.03 -04'00' Vdkart WW. NexerdREFERENCE: TripGeneration Comparison Tra ft ngk rra P -- Trarnc �Inssr INTRODUCTION Volkert, Inc. has prepared this memorandum to document the trip generation impacts associated with rezoning the current "by -right" 84 Lumber site located along Yardmaster Court in Stephenson, Virginia. The proposed site is to include a truss manufacturing plant that would utilize the existing 34,516 square feet of building space formerly occupied by 84 Lumber. The purpose of this memorandum is to provide the differential in trips between the "proposed" land use (manufacturing plant) and the "by -right" site (Lumber 84) in order to determine if a Traffic Impact Study would be required per Virginia Department of Transportation (VDOT) Traffic Impact Analyses Regulations (24VA30-155). Figure 1 is provided to show the location of the site with respect to the surrounding roadway network. Figure 1: Location Map Volkert, Inc. Page 11 TECHNICAL MEMO TRIP GENERATION Trip generation for the existing and proposed land uses were determined based upon the 8th Edition of the Institute of Transportation Engineers' (ITE) Trlp Generation Report. Accordingly, ITE Land Use Code 812 (Building and Lumber Store) was used to calculate the trips associated with the by - right 84 Lumber and ITE Land Use Code 140 was used to calculate the trips associated with the proposed truss manufacturing plant. Using the rates and equations provided In the aforementioned ITE Trip Generation Report, Table 1A shows the "by -right" weekday Average Daily Trips (ADT) and the weekday AM/PM peak hour trips based upon the existing 34,516 square feet of building space. Table 1113 provides the "proposed" weekday ADT and the weekday AM/PM peak hour trips based upon 60 employees working over two (2) working shifts. Note: Shift 1 will consist of 36 employees and will operate from 7 AM — 5 PM and Shift 2 will Include 24 employees operating between 4 PM —12 AM (midnight). Table I provides a trip generation comparison between both land uses in order to demonstrate the relative Impacts of the proposed truss manufacturing plant. Table 1A By -right Development: Lumber Yard Trip Generation Summary Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT 812 Bulling Materials & Lumber Store 34,568 SF 60 30 90 86 97 183 1,393 Total 60 30 90 1 86 97 183 1 1,393 Table 1 B Proposed Development: Manufacturing Trip Generation Summary Code Land Use Amount AM Peak Hour In Out Total In PM Peak Hour Out Total ADT 140 Manufacturing 36 Employees* 16 6 22 14 12 26 309 140 Manufacturing 24 Empbyces** - - - 12 4 16 288 Total 1 16 6 22 26 16 42 597 * Shifl 1: 7 AM - 5 PM (600iu ofEmployees) ** Shift 2: 4 PM - 12 AM (40% of Employees) V olkr; rt, Inc. Page 12 • TECHNICAL MEMO Table 1 C Proposed Development v/s By -right Development Up Generation Summary Code baud Use Amount AM Peak Hour PM Peak Hour AD ,r k. Cci inn I, in ii LTR PAK AVEIGIIT DIMINSIONAI LARGE l WEIGH) PACKAG! l (7iF I ❑ ❑ r, pp�rc ear SHIPPER RELEAS1. 1 1 EXPRESS ❑DOCUMENTS- y ONLY SATURM, DELIVER)" F-1 Q 1Z 260 295 22 1058 4083 REFERENCE NUMBER6 0 2 9 111111111 1111111111111111111 Q 1Z 260 295 22 1058 4083 TELEPHONE 724-228-8820 84 LUMBER COMPANY 1019 RTE 519 MAHo16 I EIGHTY FOUR PA 15330=2813 TELEPHONE 1Z 260 295 22 1D5E 4083 1Z 26D 295 22 1058 4063 1� ' � DATE OF SHIPMENT SHIPMENT 2602 957F EM i 0101911202609 1i10 S United Parcel Service, Louisville, KY I ID NUMBER 11 This form not needed with UPS Internet Shipping at UPS.com(D Instructions To receive optional Saturday delivery to intemational destinadon5 the shipment must be recorded on a UPS Waybill or Use this UPS Air Shipping Document for either UPS Next Day Air or UPS Worldwide Express. processed on an electronic shippingsysfem. UPS Next Day Air 1. 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For a UPS Express Envelope or UPS PAK, check the "LTR" or "PAK" box. — - Exp P Mark an "X" in the C.O.D. box and record the amount to be collected in the space rovided. Complete a UPS C.O.D. tag and affix it to the UPS Express Envelope or package. An additional charge will Be assessed for each C.O.D. To qualifyfor the letter rate, the envelope may only contain correspondence, urgent documents, and/or electronic received for collection. Customer's check accepted at shipper's risk unless otherwise noted on C.O.D. tag. media, and must weigh 8 uz or less. C.O.D. packages with an amount to be collected in excess of S500 will not be accepted for transportation via a UPS Enter the actual weight fn tenths of a pound for UPS Express Envelopes weighing more than 8 oz. Drop Box. For any other type of package, enter the weight. Increase fractions of a pound to the next full pound. 7. M additional charge applies for certain items that require additional handling. 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Use the Any with the longest side exceeding 60 inches or its second -longest side exceeding 30 inches. dimensional weight to determine the rate. bm IPSnalweWorldwideof package Any package with an actual weight greater than 70Ibs. i Dimensionaldetermine To determine the dimensional weigh[ of an International shipment, multiply the package length by width by height an The Additional Handling Charge does not apply for internationalshlameri& UPS also reserves the right to assess the Additional Handling Charge for any package that, In UPS's sole discretion, (in whole inches) and divide by 1 6. regvue� special handling. Mark an "X" in the appropriate box if you are shipping a Large Package. Large �ackaRe its length hetktit twice the width UPS also reserves the right to refuse service, among other reasons, for any package which by reason of the dangerous or A packaQa is considered a when combined with twice the and exceedsl30 inches, and is equal to orfess than 155 inches. Large Packa es are subject to a minimum billable other character of its contents may, in the sole'udgment of UPS, soil, taint, or otherwise damage other packages or UPS s is insppropedY or insecurely wrauped. PacWges must be so and wmp ed as to meet UPS's wetrg�hhI and Large Package Surcharge as provided in the effective UPS Rate and Service Guide in effect at the time equipment, or which packed publuhed standards relatetl thereto se[ forth in tyke UPS Tariff/Terms and Conditions of Service, an UPS.com, and as to of sFpping. "X" pass the tests set forth in International Safe Transit Association, Procedure 3-A. tested product must be free from by lN5 in its In UPS 4. (UPS Next Day Air Only) To reuuest ShioGer Release place an in the appmprate box. A shipper may request that UPS a tXa first eelivery attempt. 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If you are selectingg�either the BIII Receiver or Bill Third Parry option, enter the receiver's or third Oarty's UPS Account lit- Pickup: Saturday ackup of Next Day Air shipments is available ham most locations. Call 1-800-PICKUPS (800-742.5877) Number. Fora BitlThird Party shipment, record the third party's company name and address in l e space provided. When paying by major credit card, retard the credit card number and expiration date. for service availability in your area. Mark an "X" in the SATURDAY PICKUP box. An additional charge will be assessed for each UPS Express Envelope or 70Sign and date the Air Shipping Document. Remove the SHIPPER'S COPY for your records. package picked up on Saturday. _ li,- Saturday Delivery: - -- " - Remove the backing and affix the Air Shippinuocument to the top of the package (but not over any seams or closures) Saturday Delivery is available to most locations in the U.S. Visit UPS.com or call 1-800-PICK-UPS (800.742-5877) to or in the space provided on UPS -supplied packaging. " New customers can establish a UPS account and receive a UPS Amount Number by calling 1-800-PICK-UPSO (800-742-5877). determine whether Saturday service is provided to a specific destination. Mark an "X" in the SATURDAY DELIVERY box. (Customer receiving daily pickup service must also affix a UPS " Refer to the effective UPS Rate and Service Guide in effect at the time of shipping or call 1.800-PICK-UPS (800-742-5877) Saturday Delivery routing label to the UPS Express Envelope or package directly below the Air Shipping Document.) An additional charge will be assessed for delivery or attempted delivery on Saturday of each UPS Express Envelope to obtain the applicable charges. founds[ shipmentsre subject to terms and conditions contained in the UPS Tariff/Terms and Conditions of Service, which can be or package need additional information, visit our web site at www.UPS.com, or call your UPS Customer Service office at 1-800-PICK-UPSO • 0, ^ LUMBER Gsn ; i�11 COMPANY DEBBIE SCHWAB ASSOCIATE REAL ESTATE COUNSEL Office (724) 228-3636 BUILDING m5 Voice Mail (800) 664-1984 Ext. 1349 1019 ROUTE 519 Fax (866) 298-3940 EIGHTY FOUR, PA 15330-2813 Cell (412) 537-9101 Visit Us Online at 841-umber.com Email: debbie.schwab@84Lumber.biz 0 r Pierce Hardy Limited Partnership 1019 Route 519, Building #5 Eighty Four, PA. 15330 (724) 228-3636 March 10, 2016 Via Overnight Mail Ms. Candice Perkins, AICP Assistant Director, Frederick County Department of Planning & Development 107 N. Kent Street Winchester, VA 22601 RE: 84 Lumber Re -Zoning Application Dear Candice: Enclosed please find the revised proffer statement with original signatures for the 84 Lumber site in Frederick County, Virginia. Upon your review of the documents, if you find that anything needs additional revisions, would you please contact me at your earliest convenience so that the issues can be resolved quickly? If there is anything more that you need, please let me know. Sincerely, / c Deborah A. Schwab, Esq. Assoc. Real Estate Counsel 1 Pierce Hardy Limited Partnership 1019 Route 519, Building #5 Eighty Four, PA. 15330 (724) 228-3636 January 29, 2016 Via Overnight Mail Mr. Michael T. Ruddy, AICP Deputy Director, Frederick County Department of Planning & Development 107 N. Kent Street Winchester, VA 22601 RE: 84 Lumber Re -Zoning Application Dear Mike: Enclosed please find the rezoning application package for the 84 Lumber site in Frederick County, Virginia together with a check in payment of the required fees. I sent the site plan and related drawings in a separate UPS overnight shipment so you should expect to receive two packages from me today. Upon your review of the documents and fees, if you find that anything is missing or incomplete, would you please contact me at your earliest convenience so that the issues can be resolved quickly? If there is anything more that you need to be able to include the application on the schedule for the next Planning Commission meeting, please let me know. Sincerely, Deborah A. Schwab, Esq. Assoc. Real Estate Counsel w �w LUMBER ��" i1 COMPANY DEBBIE SCHWAB ASSOCIATE REAL ESTATE COUNSEL Office (724) 228-3636 BUILDING #5 Voice Mail (800) 664-1984 Ext. 1349 1019 ROUTE 519 Fax (866) 298-3940 EIGHTY FOUR, PA 15330-2813 Cell (412) 537-9101 Visit Us Online at 841-umber.com Email: debbie.schwab@84Lumber.biz 0 a TECHNICAL MEMO TO: James Zaunick, PE op�� 84 Lumber Company �t�\TII FROM: Michael Glickman, PE, PTOE o' `- ' MI('11:1F.1. CLI('i�AtAN Volkert, Inc. Lic. Vo. sess(� DATE: October 3, 2015 t A L ' PROJECT: 84 Lumber — Rezoning Application --- Michael C Glickman Stephenson, VA 2015.10.03 13:03:03-04'00' Volkert Inc. REFERENCE: Trip Generation Comparison Alexandria,ig ^gner INTRODUCTION Volkert, Inc. has prepared this memorandum to document the trip generation impacts associated with rezoning the current "by -right" 84 Lumber site located along Yardmaster Court in Stephenson, Virginia. The proposed site is to include a truss manufacturing plant that would utilize the existing 34,516 square feet of building space formerly occupied by 84 Lumber. The purpose of this memorandum is to provide the differential in trips between the "proposed" land use (manufacturing plant) and the "by -right" site (Lumber 84) in order to determine if a Traffic Impact Study would be required per Virginia Department of Transportation (VDOT) Traffic Impact Analyses Regulations (24VA30-155). Figure 1 is provided to show the location of the site with respect to the surrounding roadway network. Figure 1: Location Map Volkert, Inc. Page 1 1 0 0 TRIP GENERATION TECHNICAL MEMO Trip generation for the existing and proposed land uses were determined based upon the 8th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Accordingly, ITE Land Use Code 812 (Building and Lumber Store) was used to calculate the trips associated with the by - right 84 Lumber and ITE Land Use Code 140 was used to calculate the trips associated with the proposed truss manufacturing plant. Using the rates and equations provided in the aforementioned ITE Trip Generation Report, Table 1A shows the "by -right" weekday Average Daily Trips (ADT) and the weekday AM/PM peak hour trips based upon the existing 34,516 square feet of building space. Table 113 provides the "proposed" weekday ADT and the weekday AM/PM peak hour trips based upon 60 employees working over two (2) working shifts. Note: Shift 1 will consist of 36 employees and will operate from 7 AM — 5 PM and Shift 2 will include 24 employees operating between 4 PM — 12 AM (midnight). Table 1 C provides a trip generation comparison between both land uses in order to demonstrate the relative impacts of the proposed truss manufacturing plant. Table 1A By -fight Development: Lumber Yard Tiin Cenerntinn fimmniary Code Land Use Amount AM Peak Hour In Out Total PM Peak hour In Out Total ADT 812 Building Mater6h; & Lumber Store 34,568 SF 60 30 90 86 97 183 1 1,393 Total 60 30 90 86 97 183 1,393 Table 1 B Proposed Development: Manufactming Trin C:ener-itinn gnmmai-v Code Land Use Amount AM Peak Hour In Out Total In PM Peak Hour Out Total ADT 140 Manufacturing 36 Employees* 16 6 22 14 12 26 309 140 Manufacturing 24 Empbyccs** - - - 12 4 16 288 Total 1 16 6 22 1 26 16 42 597 * Shiff 1: 7 AM - 5 PM (60% of Empbyccs) ** Shift 2: 4 PM - 12 AM (40% of Empbyccs) Volkert, Inc. Page 12 • TECHNICAL MEMO Table 1 C Proposed Development v/s By -right Development Ti7D Genei-atioll SUIml ai'y Code Lancl Use Amount AM Peak hour In Out Total I'iM Peak hour In Out Total ADT Difference (Proposed ti/s By-rigkl) 44 -24 -68 -60 -81 441 -796 CONCLUSION Per Table 1 C above, the proposed truss manufacturing plant would result in a reduction of 68 AM peak hour trips, 141 PM peak hour trips and 796 average daily trips from the currently zoned 84 Lumber site. It has, therefore, been concluded that the proposed rezoning would not cause added traffic impacts and that a Traffic Impact Study would not be required. Volkert, Inc. Page 13 AMENDIYIENT Action: PLANNING COMMISSION: March 16, 2005 - Recommended Approval BOARD OF SUPERVISORS: April 13, 2005 0 APPROVED LJ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-05 OF ADAMS DEVELOPMENT GROUP WHEREAS, Rezoning 1102-05 of Adams Development Group, was submitted by Greenway Engineering to revise proffers attached to Rezoning #11-04. This revision adds wholesale with accessory retail, building materials and lumber stores to the allowed uses. This property fi-onts on the Nvest side of Martinsburg Pile (Route I I North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified by Property Identification Number (PI )44-A--7S-.- PINs 44—A-75B, 44—A-75C, 44—A-75A, 44—A-75E, and 44—A-75F. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 16, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 13, 2005; 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 the proffer revision adding wholesale with accessory retail, building materials avid lumber stores to the allowed uses attached to Rezoning 111 1-04, as described by the Proffer Statement submitted by the applicant and the properly owner, is approved. PDRes R 10-05 0 0 This ordinance shall be in effect on the date of adoption. Passed this 13th day of April, 2005 by the following recorded vote: Richard C. Shicicle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Aye Gary Dove Aye Lynda J. Tyler Aye Bill M. ENving Aye Gene Fisher Aye A COPY ATTEST Xy /�\4 -- - John R. ey, Jr. Frederic County Administ ator PDRes 9 10-05 El Greenway Engineering February IN, 2005 'Adams Development Group, Inc. Rezoning PROPOSED PROFFER STATEMENT REZONING: RZ# 02-05 Industrial Transition District (B3) with Proffers to Industrial Transition District (133) with Revised Proffers PROPERTY: 59.71 acres -l-/-; Tax Parcel 1144-((A))-75 RECORD OWNTER: Adams Development Group, Inc., Robert C. Adams, President APPLICANT: Adams Development Group (here -in after "the Applicant") PROJECT NAME: Adams Commercial Centel - ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters June 21, 2004 February 18, 2005 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoivng, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 0-2- - °S-' for the rezoning of 59.71-acres from the Industrial Transition (B3) District with Proffers to the Industrial Transition (133) District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers sliall be binding upon this Applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Adams Development Group, Inc, being all of Tax Map Parcel 44-((A))-75 and further described by Boundary Survey Plat prepared by Edward \A/. Dove, L.S., dated July 29, 2003 (see attached Boundary Survey Plat). File 93949/E-AW 0 0 Greenway Engineering February I S, 2005 Adams Development Group, Inc. Rezoning A.) Generalized Development Plan The Applicant hereby proffers to develop the 59.71-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the general location and relationship of land bay uses. B.) The following maximum building square footages are proffered for the land uses identified below. The building square footages are established to ensure that the vehicle per day (VPD) generation for the permitted land uses will not exceed 4,603 VPD based on ITE Trip Generation 7`I' Edition volumes. 1. Office 2. Building Materials & Lumber Store 3. Wholesale 4. Warehouse 5. Self-service storage facility TOTAL BUILDING AREA C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) 120,000 square feet 25,000 square feet 150,000 square feet 120,000 square feet 140,000 square feet 555,000 square feet Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared conmiercial entrance to provide ingress and egress for all uses within this site. This shared conunercial entrance will be located so as to align with the existing conuiiercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Turn lane — Martinsburg Pike (US Route 11) The Applicant hereby proffers to install a right -turn deceleration lane at the entrance on Martinsburg Pike (US Route 11). 3.) Additional Right-of-way Dedication In the interest of fixture area transportation plan improvements, the applicant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right-of-way on the Martinsburg Pike (US Route 11) frontage of the properly. File 1,13949/EAW 2 i 11 Greemvay Engineering February 18, 2005 Adams Development Group, Inc. Rezoning 4.) Corridor Improvements, Signalization In recognition of offsite transportation impacts, the Applicant hereby proffers to contribute a prorated share of the cost of signalization improvements in the area of Interstate-81 Exit 321. The Virginia Department of Transportation (VDOT) will determine the appropriate location for signalization improvements and will determine when this improvement is warranted. The Applicant will enter into a signalization agreement with VDOT that will provide a one-time contribution towards the cost of signalization in a prorated amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. D.) Outdoor Storage Buffer The Applicant hereby proffers to preserve a continuous strip of existing vegetation on the wcst side of the Winchester and Western Railroad, as identified on the Generalized Development Plan, to screen the outdoor storage area from the MH-I property to the southwest. The Applicant will preserve a minimum depth of fifty (50) feet of the existing vegetation adjacent to that approximately 242 foot portion of the property line shared with the N4H-1 zoned property to the south. Should such existing vegetation be deemed insufficient screen by the Zoning Administrator at the time of site plan review, the vegetative area will be supplemented with additional landscaping and/or opaque structures as needed to meet ordinance standards. L.) North Buffer The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to properties to the northeast. P.) South Buffer The applicant hereby proffers to utilize a minimum six foot earthen berm, as the opaque element within the one -hundred foot screen adjacent to properties to the south. high fence, rather than wide Category "C" full Pile 113949/GAW 0 Greenwav Engineering Pebruwy 1£, 2005 Adams Development Group, ]nc. Rezoning G.) Corridor Appearance Enhancements The applicant hereby proffers to eilhance the appearance of the Martinsburg Pile (U.S. Route 11) corridor through the implementation of a low-level earth berm and landscaping along the frontage of the subject property. This eilhancement will be located within a 20- foot wide green strip that is located inunediately adjacent to and on the west side of the dedicated 20-foot right-of-way strip, which will contain an earth berm that is 2-feet in height with low-lying shrubs and a single row of deciduous flowering trees that are a minimum of I '/z caliper and planted on 30-foot centers. This corridor appearance enhancement will be designed to ensure that sight distance is not negatively impacted at the conunercial entrance to the subject property, and will be provided in conjunction with the installation of the commercial entrance. H.) Stormwater Quality Measures The applicant hereby proffers that all commercial site plans submitted to Frederick County are designed to implement best management practices (BMP) to promote stornnvater quality measures. A statement will be provided on each conunercial site plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. The Applicant will ensure that the south buffer fence is located on the northern side of the stormwater management area charuiel and will utilize plantings recommended for riparian zones by the Virginia Department of Forestry to further protect and eilhance this area. I.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application #Oz-05- is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .015/ building square foot This payment, potentially totaling $8,325 is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid at the time of the building occupancy permits. File 93949/EAW 0 Greenway Engineering .1.) Signatures February 18, 2005 Adams Development Group, Inc. Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ADAMS DEVELOPEN4NT GROUP, INC. By: ob(;rl C. Adams, President Date Commonwealth of Virginia, City/County of Frcd el'I LL) L4:.H_ To Wit: +IX Tile foregoing instrument was acknowledged before me this W day of )-r 20 0Fby \t C1 L • �UCn �l'1 S Notary Public My Commission Expires �UD File #39,19/FAW ® NORTH BUFFER AREAcc W SOUTH BUFFER AREA W / ' -- i / _ Y MAP xooW AREA I AADT TABULATION BUILDIW AREA SQUARE FOOTAGE VFD OFFICE 120,000 1.322 SELF-SERVICE 5TORAGE 1400M 350 BUILDING MATERIALS/ LUMBER STORE 25000 1,2W WHOLESALE 150jwo 1,CIO WAREHOUSE 120,000 5% TOTALS 555000 1.1. I FA.R. - 0.21 Z W UA i W [(/ I DOT 20' Y \ OFFICE 1 DEDICATION OFFIC FORT WAREHO SE. \ FUTURE FIT. 11 HOLESAL ITH kk WIDENING�P, A CESSORY TAIL, BU DING MA EF.IAL �� _ f .0..n„ LUMBER TOR / __ / AC tll FFIC , AREH USE, / W )LE LE WITH A CES RY RETAIL a� / �•a,.- 2a°�� UILD GMATERIAL & MBER STORES • / �/ ZONED 1 / V• C / -----r ELF-STOR GE 11` SWM CHANNEL \ &WETLANDS PRESERVATION AREA rl 'ICE C> i b r-- a \`y Lcu G Z = .Fu. u _ t W L o GZZ " s f-- �,,,,.�• J WN � .5 i W N o Gy ul N z t� LL, NO W •n, a, F"d PARCEL "—A-75B W 4J5, 600 SO, FT. 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W 1160.1 !2 a SURVEYORS CERTIFrATION I2 RV✓dA15 W Fa- C CKRIAL RC4 FS/A2 aC., A CQAwARE IX)RPWUIIPK /r5 .61%1'LSSORS ARD/Oi A4Nd6 As iREa arelSsr wr .wcuR; sarxi o Q raNCE CYM/V.YAivi A ,nRnARP marrwnnv: swar srE rtWntt.D EWl-2 A D]NNE IAam 1lIB(/!Y [pWR1^. LIIIItFS ir/IE R6wA'A:[ 's DwRPalAle.Yi w+m art ! a.tG' LWPoft1nIMl M' URoeRsr,Nm Z Ln eaemes rwr ro IRE ern eE Rs RRCWEssErwl RNPnawE: arDRewrR.w ARP a1EEr nor rrAs wAP cn nAr AND nE .SURt£Y QV WYILYI R 6 PllSEP WfleE ewer OR M 0.11£ SraWX a1➢W PF rRE PREYI56' SPEtN)f/LyY OESwiaED a UwIE1e6 nrtE 1151N LGgR)RIIIOR ro10aYfA'J RD. wi]BSse arm rtauaer P0, 2W7 m o a Y C ? AND WERE w0E r INALDCHDWLE WIIH INE LWIAIUY omSTKRl arAa irie K UA'P IIIIE SURVEYS• m) MYA Vp 11,2 RY KG Am NSVS M TDOS ARP PLOY. WIm 14WWM' 1>, 00), • ANDRE p � ImWJ�1 a 1(�[6YI1, >(L'L a ➢, r0. i r(al, IJ AMp II D� )ALYE A nBAE (0 � t ` o Z V Y i'n � s t g Y ' � b., Z f'aiVV watsl rS crrnnm nWvrru Wawa s RPaR15 ,� $ cz wa6lwrxw Ra mzus � �PF aE sarE or wRralu D11E OF SUMP, wrar wRctr M rIRRIIIW 16. ; > l •//E�-7 11 aiE a usr RE soot s aAR.Y RSR PRa.rLr nn IYprPrxS e�et 1 of ISU��� WNC-0063 SITE PLAN CHECKLIST 91Gz The Site Plan Checklist, shown below, lists the information which is required to be on each site plan. Site plans which are incomplete or missing information will be returned to the applicant (s) for revision. Project Information Section (1) A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development. (2) The name, address, and phone number of the land owner, developer, and designer. (3) The Frederick County Property Identification Number (PIN) of all lots included on the site plan. FIN A (4) The number and type of dwelling units included on the site plan for residential uses. (5) The total land area and total developed land area of all lots included on the site plan. (6) A detailed description of the proposed use or uses of the development, as well as a description of the existing use or uses. (7) A reference to any other site plan, master development plan approved by the county for the site. (8) The date the site plan was prepared and a list of all revisions made, including the date and a description of why the site plan was revised. FRI (9) A table of contents including all pages of the site plan. F-1— (10) A list of all proposed utility providers, with their address, name and phone number. F\ I— (11) A I ocation m ap showing t he I ocation o f t he s ite, along w ith t he location o f s treets, roads and land uses within five hundred (500) feet of the property. F(12) A statement listing all requirements and conditions placed on the land included in the site plan resulting from approval of conditional zoning or a conditional use permit. FIN A (13) A description of setbacks or conditions placed on the site as a r esult of an approved variance. (14) The name of the Magisterial District the property is located within. Calculations Section (15) Calculations showing the Floor Area Ration (FAR) of the site, including the maximum allowed FAR, total ground floor area, total floor area, and total lot area. FRI (16) Calculations s howing t he total num ber of required and pr oposed p arking s paces. E 0 I11Cludll1g the total IlUmber of cxisting and proposed spaces. l (17) CalCulatIOI1S Sl10WIl19 the total number Of required handicap spaces, including the total 111.1111ber Of existing and proposed spaces. l (18) CalCLdatIO11S ShOwlllg the total number Of required loading spaces, IIlClLlding the total IlUmber Of existing and proposed spaces. N/A (19) Calculations s howing t he t otal num bet' of required pe rinleter a nd i nterior trees required, including the number of provided trees. N/A (20) Calculations showing the percentage of the property that will be landscaped and the percentage Of woodlands disturbed. 1\t/A (19) Calculations S howing t Ile t Otal 111.1m ber of required pe rinleter a nd i nterior trees required, including the number of provided trees. Site Plan & Details ,Section 1 (21) The I OCation Of a II a djoining I ots w ith t he ow ner's name, s peciIII c a se, z Oiling, a nd "Lolling bOLIndaries Shown. F (22) The location Of all existing Or planned right -Of -ways and easements that are located on or adjoin the property, with Street I1a111es, widths, and speed limits shown. X (23) All ne arby e ntrances t hat a re w ithin t WO hand red ( 200) f eet of a ny e xisting or proposed entrances to the site. X (24) All existing and proposed driveways, parking and loading spaces, parking lots and a dCSCi'IptiOI1 Of S LII'faClllg Ill aterial a nd C OI1StI'uction de tails t o be uS ed. T he s ize a nd angle Of parking spaces, aisles, n1aI1CL1VC1'Illg areas, and loading spaces shall be shown. MIX (25) A North arrow. X (26) A graphic scale and statement of scale. (27) A legend describing all symbols and other features that need description. (28) A boundary survey of the entire parcel and all lots included with distances described at least to the nearest hundredth of a foot. (29)'['lie present zoning Of all portions Of the site, with the location Of "zoning boundaries. (30) The I ocation o fa II e xisting a nd pI- opOSed S t'Llctul'es, w Ith t he height, S peC1f1C use, ground floor area, and total floor area labeled. , (31) The location Of all existing and proposed Outdoor uses, with the height, specific use, and land area labeled. N/A (32) Existing topographic contour lines at intervals acceptable to the "Zoning Administrator. Proposed finished glades shall be shown by COIItOLII'. 12 U Si (33) The location of' the front, side, and rear yard setback lines required by the applicable zoning district. N//1 (34) The I ocatloll a lid bOLIn dairies o f e xisting e I1vironniental f eatL11'eS, including s t'eams, floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, and woodlands. N/A (35) The location of Outdoor trash receptacles. (36) A Photometric Plan per § 165-201.07. \'/A (37) The location, dimensions, and height of all signs. N/A (38) The location of required buf fens, landscaping buf fors, a nd I andscaped s Greens, including examples, typical cross sections or d iagranis of screening to be used. The location a nd d II11CI1sions O f r egUll•Cd fencing, be rnis, a nd s n1111ar featUITS s hall be SpecifICd. N/A (39) The location ofrecreational areas and common open space. N/A (40) The location of all proposed landscaping with a legend. The caliper, scientific name, and coninion I1anic of all decldLIOLIS trees. fhe height at planting, scientific name, and common name of all evergreen trees and shrubs. N/A (41) "fhe height at planting, caliper, scientific name, and common name shall be provided for all proposed trees. 'file height at planting, scientific name and common name shall be provided for all shrubs. 1 (42) The location of si dewalks and walkways, including al I si dewalks or bi cycle pa the required along any road right of way. N/A (43) The location and width of'proposed easements and dedications. N/A (44) A stormwater niallagcnient plan describing the location of all stonliwater management facilities with design calculations and details. N/A (45) A soil erosion and sedinicntation plan describing methods to be used. N/A (46) The location and size of sewer and water mains and laterals serving the site. 13 0 0 \'/!1 (47) Facilities necessary to meet the requirements of the Fire Code. X (48) A si gned seal o f the c crtified Virginia I and surveyor, architect, or engineer Who prepared the plan. The seal and signature of the engineer, surveyor or architect shall be on each sheet of the site plan. FIX](49) A space labeled "Approved by the Frederick County "Zoning Administrator" for the signature of the Zoning Administrator, approval date, and a statement that reads "site plan valid for five (5) years from approval date." 1' (50) All I'Cgllll'CmCIIIS SpCClfled CISCWl1Cl'C In the County Code, including but not limited to the Subdivision Ordinance. 14 0 0 Mike Ruddy From: Sent: To: Cc: Subject: Good Morning Debbie: Mike Ruddy Thursday, December 31, 2015 11:56 AM 'Debbie Schwab' Rod Williams Rezoning Comments - 84 Lumber Application I have had the opportunity to review the information you submitted to Planning via email on December 17, 2015. The proposed rezoning of 10 acres (PIN: 44-A-7513) from the B3 district to the M1 district with proffers is generally consistent with Frederick County's Long Range Land Use Plan. In addition, the potential impacts associated with this request appear to be adequately mitigated through the revised proffer statement. This revised proffer statement remains similar to the original proffer statement which is applicable to the property. It is recognized that this proffer amendment is solely applicable to this 10 acre property and would not apply to the balance of the parcels included in the original rezoning application, RZ#02-05. With regards to the proffer statement, I would suggest: 1. Adding a new revision date to distinguish the revision from the original proffers for this property. 2. The Preliminary Matters Section should also be cleaned up as the last sentence would actually change the proffers on this parcel, 44-A-75B. 3. Please include the attached site plan in your actual submission. 4. Please ensure the VPD trip limitation of 2,900 is accurate. The original trip limitation appeared to be 4,603 for the entire site. The 2,900 VPD trip limitation may have been for a subdivided 28 acre portion of the property. If you are comfortable with a certain trip amount for your proposed facility, it may be simpler to use this. 5. A monetary contribution should have already been paid for the initial 84 Lumber project. It may be clearer to state that any additional contribution to Fire and Rescue would be based on additional square feet of building construction. I look forward to the submission of this application. Please let me know if you need any further assistance. Thanks. Mike. Michael T. Ruddy, AICP Deputy Director, Frederick County Department of Planning & Development 107 N. Kent Street Winchester, VA 22601 (540)665-5651 mruddy@fcva.us www.fcva.us/planning • Mike Ruddy From: Debbie Schwab <Debbie.Schwab@84lumber.biz> Sent: Thursday, December 17, 2015 3:22 PM To: Mike Ruddy Subject: For your review Attachments: Rezoning Application - Truss Mfg. facility - Agency submission copy.pdf Mike: I appreciate you taking the time to talk with me today and all of your help in getting everything put together for our eventual application. To that end, attached please find a copy of the information that we submitted to the various agencies for comment. Please let me know your thoughts and if there is anything that needs to be changed. Thanks so much, Debbie Deborah A. Schwab, Esq. Associate Real Estate Counsel 84 Lumber Company 1019 Route 519 Eighty Four, PA 15330 724-228-3636 Facsimile 866-298-3940 Debbie.schwab@84lumber.biz Y i LUMBER - - - MM M MGM IM IMM' 1 AMENDMENT Action: PLANNING COMMISSION: January 17, 2009 - Recommended Approval BOARD OF SUPERVISORS: January 28, 2009 �4 APPROVED ❑ DENIED AN ORDINANCE AMENDING TITS ZONING D[STRICT MAP REZONING 1115-08 OF /\DAMS COMMERCIAL CENTER WHEREAS, Rezonin;; #IS-08 ol'Adams Conunereial Center, submitted by Grcerlway Engineering, to revise proffers dated April 17, 2008 with final revision dale of January 8, 2009, associated with Rezoning 1102-05 for 28.10 acres of land zoned B3 (industrial Transition) was considered. "phis revision is intended to remove the previously proffered uses on the site. The property fronts on the west side of ivlartinsburg Pike (Route. 1 I North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified by Property Identification Numbcr 44-A-75. WHEREAS, thePlanning ning Commission held a publ is hearing on this rezoning on January 7, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on .January28, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, \velfare, and ill conforlllallce with the Comprehensive Policy Plan; NOW, THERE FORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers concerning Rezoning 402-05. This revision is intended to remove the previously proffered uses on the site, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 1101-09 t : I This ordinance shall be iu effect on the date of gdoption. Passed this 28th day of January, 2009 by the following recorded vote:. Richard C. Shiclde, Chairmah' Aye Gary A. Lofton AA�.Hf= Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. Del Ae-laven, Jr. y Philip A. LemicuY AYE A COPY ATTEST John l:.r &1u .f- v Fi-cderlcl(. County Administrator P DRes. -.3 01 ••09 L1 0 Greenway Engineering April 17, 2008; Adams Development Group, Inc. Rezoning Revised July 29,2008; Revised August 12, 2008; Revised October 1, 2008; Revised December 9, 2008; Revised January 8, 2009 PROPOSED PROFFER STATEMENT REZONING: RZ #15-08 Industrial Transition District (133) with Proffers to Industrial Transition District (133) with Revised Proffers PROPERTY: 28.10 acres +/-; Tax Parcel #44-((A))-75 RECORD OWNER: Adams Development Group, Inc., Robert C. Adams, President APPLICANT: Adams Development Group (here -in after "the Applicant") PROJECT NAME: Adams Commercial Centel - ORIGINAL DATE OF PROFFERS: April 17, 2008 IZEVISION DATE: January 8, 2009 Preliminary Matters Pursuant to Section 15.2-2296 1?t. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 4115-08 for the rezoning of 28.10± acres from the Industrial Transition (133) District with Proffers to the Industrial Transition (133) District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. Approval of this proffer statement does not eliminate previously approved proffers associated with current Tax Map Parcels 44-((A))-75B, 44- ((A))-75C, 44-((A))-75D, 14-((A))-75E and 44-((A))-75F; which were approved under the conditions set forth in RZ 4402-05 approved by the Frederick County Board of Supervisors on April 13, 2005. The subject property, more particularly described as the lands owned by Adams Development Group, Inc. being all of Tax Map Parcel 44-((A))-75 and further described by Boundary Survey Plat prepared by Richard A. Edens, L.S., dated April 24, 2007 and recorded as Instrument No. 070007323 (see attached Boundary Survey Plat). Pile A3949/EAw �J Greenway Engineering April 17, 2008; Adams Development Group, Inc. Rezoning Revised July 29,2008; Revised August 12, 2008; Revised October 1, 2008; Revised December 9, 2008; Revised January 8, 2009 A.) Generalized Development Plan The Applicant hereby proffers to develop the 28.i0± acre property in substantial conformance with the attached Generalized Development Plan — Adams Rezoning 28.10± Acre property, dated January 8, 2009 and approved as part of the rezoning application. B.) Vehicle Per Day (VPD) and Land Use Restrictions 1.) Conditional Rezoning Application #02-05 limited traffic generation for permitted land uses to a maximum of 4,603 VPD based on ITE Trip Generation 7°1 Edition volumes. The Applicant hereby proffers to restrict development of the 28.1.0± acre property to an amount to be determined during Site Plan approval, not to exceed a maximum of 2,900 V13D. The Applicant acknowledges that the maximum 2,900 VPD may be fi.lrther reduced for the 28.10± acre property should additional development occur on tax parcels" 44-((A))-75B, 44-((A))-75C, 44- ((A))-75D, 44-((A))-75E and 44-((A))-75F: 2.) The Applicant hereby proffers to prohibit the following B-3 District land uses within 28.10± acre property: Amusement and recreational services operated indoors ➢ Automotive dealers and gasoline service stations ➢ Drive-in motion picture theaters ➢ Food stores ➢ Local and suburban transit and interurban highway passenger transportation. ➢ Business associations; membership organizations; and labor unions ➢ Model home sales offices ➢ Motor freight transportation, excluding warehousing and storage ➢ Restaurants ➢ Transportation by air ➢ Transportation services ➢ Truck stops C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for the 28.10± acre property and all parcels previously subdivided from tax parcel 44-((A))-75. This shared commercial entrance has been constructed to align with the existing File rr3949/EAW 2 • `J Greenway Engineering April 17, 2008; Adams Development Group, Inc. Rezoning Revised July 29,2009; Revised August 12, 2008; Revisal October 1, 2008; Revised December 9, 2008; Revised January 8, 2009 commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Turn lane — Martinsburg Pike (US Route 11) The Applicant has constructed a right -turn deceleration lane at the entrance on Martinsburg Pike (US Route 11). The Applicant will be responsible for the relocation of the right -turn deceleration lane should this be required as a result of the future Martinsburg Pike transportation plan improvements. 3.) Additional Right-of-way Dedication In the interest of future area transportation plan improvements, the applicant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right -off -way. en the Martinsburg Pike (US Route 11) frontage of the property. Tips right-ol'-way commitment has been initiated by the Applicant through dedication to Frederick County as evident in Deed Instrument No. 050017512. 'I.) Corridor linprovemcnts, Sign"llization In recognition of offsite transportation impacts, the Applicant hereby proffers to contribute a share of the cost of signalization improveIents ill the area of Interstate- 81 Exit 321. The Virginia Department of Transportation (VDOT) will determine the appropriate location for signalization improvements and will determine when tllis improvement is warranted. When determined by VDOT, the Applicant will enter into a signalization agreement with VDOT that will provide a one-time contribution towards the cost of signalization ill an amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. 5.) Corridor Improvements, Bicycle and Pedestrian Facility The Applicant hereby proffers to construct all asphalt bicycle and pedestrian facility that is 10 feet in width and located within the 20-foot green strip identified in Section P of this proffer statement. The Applicant shall construct this bicycle and pedestrian facility on the north side of the single shared commercial entrance prior to the issuance of a building occupancy permit for the first site plan on the north side of that entrance, and shall construct this bicycle and pedestrian facility on the south side of the single shared conmlercial entrance prior to the issuance of a building occupancy permit for the first site plan on the south side of that entrance. No portion of the asphalt bicycle and pedestrian facility will be constructed with the 20-foot right-of- way dedication area identified in Section C(3) of this proffer statement, 6.) Right -of -Way Reservation The Applicant hereby proffers to reserve a 50-foot wide strip of land between Yardmaster Court and tax parcel 44-1-1) to allow for the construction of a future File 113949/EAW Greenway Engineering April 17, 2008; Adams Development Group, Inc. Rezoning Revised July 29,2008; Revised August 12, 2008; Revised October 1, 2008; Revised December 9, 2009; Revised January 8, 2009 public street connection by others. The general location of this reservation area shall be provided on the Generalized Development Plan; however, it is recognized that this location can be shifted without the need of conditional zoning approval. All costs associated with establishing this future public street shall be borne by the owner of tax parcel 44-1-D, or by others than the Applicant. D.) North Buffer The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to tax parcels 44-((A))-76A, 44-((A))-76B, 44-((A))-76C and 44-((A))- 76D as depicted on the proffered GDP. E.) South Buffer The applicant hereby proffers to utilize a MilliI11U111 six foot high fence, rather than earthen berm, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to tax parcels 44-((A))-70, 44-((A))-72, 44-((A))-73, and 44-((l ))-D as depicted on the proffered GDP. F.) Corridor Appearance Erihancenlents The Applicant Hereby proffers to enhance the appearance of the Martinsburg Pike (U.S. Route 11) corridor through the implementation of a low-level earth berm and landscaping along the frontage of the subject property. This enhancement will be located within a 20- foot wide green strip that is located immediately adjacent to and on the west side of the dedicated 20-foot right-of-way strip, which will contain an earth berm that is 2-feet in height with staggered low-lying shrubs and a single row of deciduous flowering trees that are a minimum of 1 1/2 caliper and planted on 30-foot centers. This corridor appearance enhancement will be designed to ensure that sight distance is not negatively impacted at the commercial entrance to the subject property, will be developed in substantial conformance with the Corridor Appearance Enhancement Exhibit dated January 8, 2009, and will be installed by the Applicant consistent with the construction of the bicycle and pedestrian facility as described in Section C5 of the proffer statement. G.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application #15-08 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .015/ building square foot File ,13949/EA W U • Greenway Engineering April 17, 2008; Adams Development Group, Inc. Rezoning Revised July 29,2008; Revised August 12, 2008; Revised October I, 2008; Revised December 9, 2008; Revised January 8, 2009 This payment is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid prior to issuance of the building occupancy permits. H.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assluns and successors in the interest of the Applicant and owner. In the event the Frederick County Board ttl Supervim)is grants this rezoninL, and accepts the conditions, the proffered conditions shall aptly to the land rezoned in addition to other requirements set forth in the Frederick County- Lode. Respectfully Submitted: ADAMS DEVELOPEMNT GROUP, INC. By. zzw Robert C. Adams, President Date Commonwealth of Virginia, City/County of FYe&WCA(- To Wit: The foregoing instrument was acknowledged before me this I9 day of 20 09 by o b" % C-- PAS otary Public My Commission Expire 31 2v0 Y File M3949/EAW a s �.'�� �< (cam _ < ' / // /�'/i Lu z z z Lu VINICINTY MAP ri N NORTH BUFFER AREA / , /- /17 SOUTH BUFFER ARE.: J— CORRIDORIDOR ENHANCEMENT EDIV(DOT 2V V- Y \TION FOR FUTURE RT. 11 WIDENING lk--, iNSTR. 05OP17512 m lox REMAINING LANDBAY AREA- ADAMb DEVELOPMENT GROUP ti 1d 4 z L z- g. lei SV;M CHANNEL & WETLANDS FR PRESERVATION AREA 90 z ZONED M1 . 4 i LLI (A • Action: AMENDMENT PLANNII\iG COMMISSION: March 16, 2005 - Recommended Approval BOARD OF SUPERVISORS: April 13, 2005 El APPROVED Q DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-05 OF ADAMS DEVELOPMENT GROUP WHEREAS, Rezoning; 402-05 of Adams Development Group, was submitted by Greenway Engineering to revise proffers attached to Rezoning #11-04. This revision adds wholesale with accessory retail, building materials and lumber stores to the allowed uses. This property fronts on the west side of Martinsburg Pike (Route 1 1 North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified by Property Identification Number (PII�I)-44-7�t-2-5-.— PINs 44—A-75B, 44—A-75C, 44—A-75D, 44—A-75E, and 44—A-75h. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 16, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 13, 2005; 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 the proffer revision adding wholesale with accessory retail, building materials acid lumber stores to the allowed uses attached to Rezoning 41 1-04, as described by the Proffer Statement submitted by the applicant and the property owner, is approved. PDRes u 10-05 0 This ordinance shall be in effect on the date of adoption. Passed this 13th day of April, 2005 by the following recorded vote: 0 Richard C. Shicicle; Chairman Aye Barbara F. Van Osten Aye Gina A. Forrester Aye Gary Dove Aye Lynda J. Tyler Aye Bill M. Ewing Aye Gene Fisher Aye A COPY ATTEST A:v Jolui R. ey, Jr. Frederic Vcounty Administ ator PDRes P 10-05 Greenway Engineering Pehrum), 18, 2005 'Adams Development Group, Inc. Rezoning PROPOSED PROFFER STATEMENT REZONING: RZ# 02-05 Industrial Transition District (I33) with Proffers to Industrial Transition District (I33) with Revised Proffers PROPERTY: 59.71 acres +/-; Tax Parcel 1/44-((A))-75 RECORD WAIVER: Adams Development Group, Inc., Robert C. Adams, President APPLICANT: Adams Development Group (here -in after "the Applicant") PROJECT NAME: Adams Commercial Center ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminaij, Matters .tune 21, 2004 February 18, 2005 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 4 0--'- °S for the rezoning of 59.71-acres from the Industrial Transition (133) District with Proffers to the Industrial Transition (133) District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed Nvithdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands oNvned by Adams Development Group, Inc. being all of Tax Map Parcel 44-((A))-75 and further described by Boundary Survey Plat prepared by Edward 'W. Dove, L.S., dated July 29, 2003 (see attached Boundary Survey Plat). File 109,191EAW E 0 Greenway Engineering February 1 S, 2005 A.) Generalized Development Plan Adams Development Group, Inc. Rezoning The Applicant hereby proffers to develop the 59.71-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the general location and relationship of land bay uses. B.) The following maximum building square footages are proffered for the laud uses identified below. The building square footages are established to ensure that the vehicle per day (VPD) generation for the permitted land uses will not exceed 4,603 VPD based on ITE Trip Generation 7`i' Edition volumes. 1. Office 120,000 square feet 2. Building Materials & Lumber Store 25,000 square feet 3. Wholesale 150,000 square feet 4. Warehouse 120,000 square feet 5. Self service storage facility 140,000 square feet TOTAL BUILDFNTG AREA 555,000 square feet C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for all uses within this site. This shared conunercial entrance will be located so as to align with the existing conunercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Turn lane — Martinsburg Pike (US Route 11) The Applicant hereby proffers to install a right -turn deceleration lane at the entrance on Martinsburg Pike (US Route 11). 3.) Additional Right-of-way Dedication In the interest of future area transportation plan improvements, the applicant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right-of-way on the Martinsburg Pike (US Route 11) frontage of the property. File 1,13949/EAW 0 Greenway Engineering February 18, 2005 Adams Development Group, Inc. Rezoning 4.) Corridor Improvements, Slgnallz£ltlol] In recognition of offsite transportation impacts, the Applicant hereby proffers to contribute a prorated share of the cost of signalization improvements in the area of Interstate-81 Exit 321. The Virginia Department of Transportation (VDOT) will determine the appropriate location for signalization improvements and will determine when this improvement is warranted. The Applicant Nvill enter into a signalization agreement with VDOT that will provide a one-time contribution towards the cost of signalization in a prorated amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. D.) Outdoor Storage Buffer The Applicant hereby proffers to preserve a continuous strip of existing vegetation on the west side of the Winchester and Western Railroad, as identified on the Generalized Development Plan, to screen the outdoor storage area from the MH-1 properly to the southwest. The Applicant will preserve a minimum depth of fifty (50) feet of the existing vegetation adjacent to that approximately 242 foot portion of the property line shared with the MI-I-1 zoned property to the south. Should such existing vegetation be deemed insufficient screen by the Zoning Administrator at the time of site plan review, the vegetative area will be supplemented with additional landscaping and/or opaque structures as needed to meet ordinance standards. L.) North Buffer The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to properties to the northeast. F.) South Buffer The applicant hereby proffers to utilize a minimum six foot earthen berm, as the opaque element within the one -hundred foot screen adjacent to properties to the south. high fence, rather than wide Category "C" full File L'3949/EA\1' 0 0 Greemaay Engineering Februm-y 18, 2005 Adams Development Group, Inc. Rezoning G.) Corridor Appearance Enhancements The applicant hereby proffers to erihance the appearance of the Martinsburg Pike (U.S. Route 11) corridor through the implementation of a low-level earth berm and landscaping along the frontage of the subject property. This enhancement will be located within a 20- foot wide green strip that is located immediately adjacent to and on the west side of the dedicated 20-foot right-of-way strip, which will contain an earth berm that is 2-feet in height with low-lying shrubs and a single row of deciduous flowering trees that are a minimum of 1 %2 caliper and planted on 30-foot centers. This corridor appearance eriliancement will be designed to ensure that sight distance is not negatively impacted at the commercial entrance to the subject property, and will be provided in conjunction with the installation of the commercial entrance. H.) Stormwater Quality Measures The applicant hereby proffers that all commercial site plans submitted to Frederick County are designed to implement best management practices (BMP) to promote stormwater quality measures. A statement will be provided on each commercial site plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. The Applicant will ensure that the south buffer fence is located on the northern side of the stormwater management area channel and will utilize plantings recommended for riparian zones by the Virginia Department of Forestry to further protect and entrance this area. I.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described propert}, hereby voluntarily proffers that in the event rezoning application #0 •05- is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .0151 building square foot This payment, potentially totaling $8,325 is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid at the time of the building occupancy permits. File #3949/13AW Greenwa% Engineering February 18, 2005 Adams Developmcnl Group, Inc. Rczoning J.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ADAMS DEVELOPEMNT GROUP, INC. obert C. Adams, President Date Commonwealth of Virginia, City/County of Frederl 'c�k Cnu To Wit: The foregoing instrument was acknowledged before me this Jday of Z � 20 05by L kck-rn S Notary Public My Commission Expires &41' File k3949/EAR' ® NORTH BUFFER AREA ® SOUTFI BUFFER AREA ` / J INICINTY MAP =. .' • a.w AREA A AADT TABULATION BUILOWG AREA SQUARE FOOTAGE vpO OFFICE I20.000 1.372 SELF•5ERVICE 5TORAGE 140.000 350 BUILOING MATERIALS/ LUMBER STORE 25ow 12W UAIOLESALE wow 1,010 WAREHOUSE I20.000 596 TOTALS 555"o 1,56E FAR - 0,71 Ir a— - i OFFIC OFFICE i / WAREHO SE, .� HOLESAL TH G0 A CESSORY TAIL, h _ BU DING MA ERIAL LUMBER TOR OFFICE F , i✓ t� FFIC \ AREH USE, OLE E WITH A CE RY RETAIL. �ELFSTO GE UIL G MATERIAL & MBER STORES \ SWM CHANNEL a WETLANDS PRESERVATION AREA �\\ONED 1 cc cc LM W I '-� Z2,till % W n � z ei C� j4 y I OT 20' t DEDICATION k I FOR o` FUTURE FIT. 11 —� WIDENING 1 �wmoSw l.% RP_C W 9. y Z ' C� ra 1.10 2z= ' GZ E S ~ �J 0 � IN .. o C ire W ca a � 7oys Na \ p 1 cc LLI LLI \C o•rc w/isM T xus "r oocxm er: rz•. J rss xa s•. l0.„c C I\i. �O(1 t 0) Le ` To: Bafbara-Data Processing From: Pam -Planning Dept. I `,Cm ►.fie i � e z c, c1 Pleas pri t sets of labels �!DJOINING PROPERTY OWNER by I Thanks' q - VA- -1�---- --- - Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address NameORNDOFF CHARLES W 2897 f Ikit t mw(A►5 Pike Stephenson, VA 22656 Property #44 A 75A NameJRE WINCHESTER LLC 11047 Leadbetter Rd. Ashland, VA 23005 ' Property #44 A 75C NameJRE WINCHESTER LLC 1047 Leadbetter Rd. Ashland, VA 23005 Property #44 A 7 5 D NameORNDOFF CHARLES W SR TRUSTEE 2897 f14v1;mLtAeike Stephenson, VA 22656 Property #44 A 75E NameEVANLYNN LLC 134 Windy Hill Ln # W2-1 Winchester, VA 22602 Property#44 A 75F NameDEBORAH A MULLINS 2835 1iWu , Pike / PO BOX 243 Stephenson, VA 22656 Property 1444 A 76A NameORNDOFF CHARLES W SR TRUSTEE 2897 Pike Stephenson, VA 22656 Property #44 A 77 Name Property # Name Property # / 15 • 11C 0 CS F L C C. rr' 2 Ct'� i c `)�) -- .- .--. — - - - 13 e_ �� DJOINING PROPERTY OWNER J La-nc e To: Bares --Data Processing From: Pam -Planning Dept. Pleas pn t ` i sets of label! by a it ILn Thanks Owners ofproperty adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining propert}, is any property abutting the requested property on the side or rear or an), propero, directly across a public right-of-way, a private rigbt-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address rameORNDOFF CHARLES W 2897 (r><<Y�,�,­.,,.bP►ke Property a44 A 75A Stephenson, VA 22656 NameJRE WINCHESTER LLC 11047 Leadbetter Rd. Property #44 A 75C Ashland, VA 23005 NameJRE WINCHESTER LLC 1047 Leadbetter Rd. Property #44 A 7 5 D Ashland, VA 23005 NameORNDOFF CHARLES W SR TRUSTEE 2897 Pike Ioperty##44 A 75E Stephenson, VA 22656 NameEVANLYNN LLC 134 Windy Hill Ln # W2-1 Propertyo44 A 75F Winchester, VA 22602 NameDEBORAH A MULLINS 2835 (11Q.vf,iijP-L-►,'P"k�PO BOX 243 Property 444 A 76A Stephenson, VA 22656 Nan,eORNDOFF CHARLES W SR TRUSTEE 2897 Wnrfird)(L,( Vll- e Property a44 A 77 Stephenson, VA 22656 Name Property # Name Property #1 15 LZ IPaCLQs'_ J ��t;� • • isag� � �s�-rr3 • 0 0 Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 30, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-16 FOR 84 LUMBER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 13, 2016 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 #01-16 for 84 LUMBER submitted by Pierce Hardy Limited Partnership, to rezone 10.0 acres the from B-3 (Industrial Transition) District with Proffers to the M-1 (Light Industrial) District with Proffers. The property is located at 240 Yardmaster- Court, off of Martinsburg Pike (Route 11 North) in the Stonewall Magisterial District, and is identified by Property Identification Number 44-A-75B. 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. Sincerel , Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 i 0 1/ This is tq certify that the attached correspondence was mailed to the following on 1 1 ayc 41 3 C�' � --W)l I Co from the Department of Planning and Development, Frederick County, Virginia: 44 - A- - 75-A ORNDOFF CHARLES W 2897 MARTINSBURG PIKE STEPHENSON VA 22656.1721 44 - A- - 75-B PIERCE HARDY LIMITED PARTNERSHIP 1019 ROUTE 519 EIGHTY FOUR PA 15330.2813 44 - A- - 75-C JRE WINCHESTERLLC 11047 LEADBETTER RD ASHLAND VA 23005.3408 44 - A- - 75-F EVANLYNN LLC 134 WINDY HILL LN #/ W2.1 WINCHESTER VA 22602.4381 44 - A- - 76-A MULLINS DEBORAH A PO BOX 243 STEPHENSON VA 22656.0243 44 - A- - 77. ORNDOFF CHARLES W SR TRUSTEE ORNDOFF JOLINE S TRUSTEE 2897 MARTINSBURG PIKE STEPHENSON VA 22656.1721 44 - A- - 75-E JRE WINCHESTERLLC 11047LEADBETTER RD ASHLAND VA ' 23005.3408 Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK —I I, / Y i n 07 SYYi i+1"1 a Notary Public in and for the State and COLlnty aforesaid, do he�cby certify that Candice 13. Perkins, Senior Planner fo{- the Department of Planning and Development, whose name is signed to the foregoing, dated Ilh,rcip _30 ,J-)l ( o , has personally appeared before me and acknowledged the same in my State and County aforesaid. I Given Under my hand this � �% l clay of_ (� ( My commission expires one. L� _[ I"1" 11�F ✓ �� �C� l 1 NOTARY PUBLIC KATHRYN G. SMITH NOTARY PUBLIC REGISTRATION N 7660563 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPTEMBER 30, 2019 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 17, 2016 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-16 FOR 84 LUMBER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, March 2, 2016 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 #01-16 for 84 LUMBER submitted by Pierce Hardy Limited Partnership, to rezone 10.0 acres the fi•om B-3 (Industrial Transition) District with Proffers to the M-1 (Light Industrial) District with Proffers. The property is located at 240 Yardmaster Court, off of Martinsburg Pike (Route 11 North) in the Stonewall Magisterial District, and is identified by Property Identification Number 44-A-75B. 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. Sincere , andice E. Perkins CP CZA Assistant Director CEP/ks 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on (� from the Department ol'Planning and Development, Frederick County, Virginia: 44 - A- - 75-A ORNDOFF CHARLES W 2897 MARTINSBURG PIKE STEPHENSON VA 22656.1721 44 - A- - 75-B PIERCE HARDY LIMITED PARTNERSHIP 1019 ROUTE 519 EIGHTY FOUR PA 15330.2813 44 - A- - 75-C JRE WINCHESTER LLC 11047 LEADBETTER RD ASHLAND VA 23005.3408 44 - A- - 75-F EVANLYNN LLC 134 WINDY HILL LN # W2.1 WINCHESTER VA 22602.4381 44 - A- - 76-A MULLINS DEBORAH A PO BOX 243 STEPHENSON VA 22656.0243 STATE OF VIRGINIA COUNTY OF FREDERIC 44 - A. - 77. ORNDOFF CHARLES W SR TRUSTEE ORNDOFF JOLINE S TRUSTEE 2897 MARTINSBURG PIKE STEPHENSON VA 22656.1721 44 - A. - 75-E JRE WINCHESTER LLC 11047LEADBETTER RO ASHLAND VA 23005.3408 Candice C. Perkins, Senior Planner Frederick County Planning Dept. I, �ft' J- l n , 'Si-)") I - %'- , a Notary Public in and for the State and COL111ty aforesaid, d0 Ilcreby certify that Candice E. Perkins, Senior PlaIlner for the Department of Planning and Development, whose name is signed to the foregoing, dated l 1 1 Cn has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 7 day of 1 001 (0 My commission expires Oil -i c rrbe- Y-- 0I cl NOT 1RY PUBLIC KA7Nf11 G. SMITH NOTARY PUBLIC REOIVRATION n 7660663 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SLPTCMBER 30, 2019 Easy Peel® Labels Use Avery® Template 51610 Paper ®I MUMMEmwa, J Bend alone to expose Pop dgeTM ©AVERY051610 44 - A- - 75-D 44 - A- - 75-D JRE WINCHESTER LLC JRF WINCHESTERLLC 11047LEADBETTER RD j 1047 LEADBETTER RD ASHLAND VA �23005.3408 ASHLAND VA 44 - A- - 75-D �` 44 - A- - 75-D JRE WINCHESTER LLC ----JRE WINCHESTER LLC 11047LEADBETTER RD 11047LEADBETTER RD ASHLAND VA 23005.3408 ASHLAND VA 23005.3408 23005.3408 ttiquettes faciles 6 peler ♦ ; Repliez a la hachure afin de www.averycom Utilisez le gabarit AVERY® 51610 Sens de chargement 1 rdv6ler le rebord Pop-up"" 1-800-GO-AVERY DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA W E GIS, MAPPING, GRAPHICS WORK REQUEST 5 DATE RECEIVED: I_ REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company: - Mailing and/or Billing Address: Telephont,- E-mail Address: ESTIMATED COST OF PROTECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) C `I I U C `C DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: BLACKfWHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK N04, Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)