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04-16 Snowden Bridge Station PINS 43C-3-2, 3, 4, 4A, 43-z-150, 151A, 151B M1 to B2 & B3 - Backfile
NOTES RECEIPT DATE 5 �� NO. .�64296 RECEIVED FROM Kt S InyEs;rrrcr� ADDRESS b() jja1 (,lYI j r� ke- lk)jnchcs4Iff., 16 MoOz3 tl►w���Rlt�.2'nrs[td�t♦i�a�s�I��t•1�1L�1�JI�117risifl.�/[t11/ • , ■�fSrS�i'� ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT. ([� CHECK &� PAID I BALANCE MONEY DUE ORDER BY. 13 . Lo q LLCnu; ©2001 r:Ep—. ® 81-818 REZONING TRACKING SHEET Check i,ict. Application Form Proffer Statement Impact Analysis Adjoiner List S 1 I (, SI NO 1 0 ► to �:2 1 tO 811lIl,g Sys ID # File opened Fee & Sign Deposit Deed Plat/Survey Taxes Paid Statement 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: C ACTION: e 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 W%q(l_ I , 6 Page I of 1 J Subj: Snowden Bridge Station - VDOT Comments to Revised Rezoning/Proffer Amendments Date: 6/8/2016 12:46:10 P.M. Eastern Daylight Time From: Rhonda. FunkhouseraWDOT.Virginia.gov To: GreyWolfelncno aol.com, Ibishop ,fcva.us CC: Matthew. Smith(d,)vdot.virginia.gov, Lloyd. Ingram()VDOT.virginia.gov, AdamF Campbell(a)vdot.virginia.gov, Terry, ShortJR(cDVDOT.Virginia.gov Below please find our review comments regarding the revised Snowden Bridge Station Rezoning/Proffer Amendments submittal dated May 1S, 2016 and received by out- office on May 19, 2016. 1. While the applicant has responded that proffers 1A and 1B will remain at the request of Frederick County and the GDP and proffers have been revised to include a note that the identified site entrances are conceptual in nature and final locations will be determined at site plan, VDOT would still recommend that the proffers related to site entrances not be included in the rezoning application. Much in the same way that the applicant responded that there was no need to include a proffer requiring sidewalk along the property frontage due to this requirement being included in County code, the location and design of commercial entrances is also dictated by code and regulations, therefore making a proffer unnecessary. 2. The applicant has proffered an additional 10' of right-of-way along the property's Route 11 frontage to accommodate the future planned 6-lane, divided Route 11 road section. There appears to be approximately 16' between the existing edge of pavement and the existing right-of-way. This distance plus the additional 10' dedication should adequately accommodate the future right turn lane and sidewalk. However, it appears a future Route 11 widening along the property frontage may also require the relocation of existing power lines. 'Therefore, VDOT recommends that the applicant also considers providing a utility reservation behind the right-of-way dedication to accommodate this future relocation. Please let me know if you have any questions or need further clarification. Matthew B. Smith, P.E. I Aik�a Land Use Engineer Virginia Department of Transportation Clarke, Frederick, Shen.)ndorah r"t �Narren Counties 1=1031 Old Valley Pike Edinburg, VA 22824 voice: 5410/981-5515 fax: 5Z10/989-5607 e-mail: Matthew.Smith@vdot.virginia.gov Wednesday, .Tune 08, 2016 AOL: GreyWolfeIne REZONING APPLICATION 904-16 SNOWDEN BRIDGE STATION Staff Report for the Board of Supervisors Prepared: July 15, 2016 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 06/15/16 Public Hearing Held; Recommended Approval Board of Supervisors: 07/27/16 Pending PROPOSAL: Rezoning #04-16 for Snowden Bridge Station submitted by GreyWolfe, Inc., to rezone 11.340 acres from the M I (Light Industrial) District to the B2 (General Business) District, and 2.629 acres from the MI (Light Industrial) District to the B3 (Industrial Transition) District with proffers. LOCATION: The properties are located on the southeastern side of Martinsburg Pike (Route 1 1) and southern side of Snowden Bridge Boulevard. EXECUTIVE SUMMARY & CONCLUSIONS FORTHE 07/2716 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of] 3.9 acres of land, from the M 1 (Light Industrial) District to the B2 (General Business) and B3 (Industrial Transition) Districts with proffers. This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2030 Comprehensive Plan. The Comprehensive Plan idCntif ICs these properties with an mdUstrial land use designation which IS consistent with the current zoning of the properties. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the visibility of this site, Its location on Martinsburg Pike and the I-81 interchange and the amoLint of commercial land in close proximity to this site, the regLICSted commercial may be acceptable. With this rezoning, the Applicant has proffered to limit the number of' restricted entrances on Martinsburg Pike to two and one on Snowden Bridge Boulevard and limit the maximum vehicle trips for the site to 6,303. The entrance locations shown on the proffered GDP are conceptual in nature — the proffer states that the final design and location of these entrances will need to be approved by VDOT and the County. The Applicant has also proffered a 10' right-of-way dedication for Martinsburg Pike as well as corridor enhancements such as a split rail fence, and increased parking setbacks. The Applicant has also provided a monetary contribUtion of $O.I O per bUllding sgUare foot for Fire and Rescue. The Planning Commission did not identify any issues or concerns with the request and recommended approval of the application at their .June 15, 2016 meeting. Following the required public heafing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate The Applicant should be prepared to adequately address all concei-its raised by the Board of Supervisors. Rezoning #04-16 Snowden Bridge Station July 15, 2016 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Boai-d of Sulmi-vlsom to assist them in making a decision oil this application. It may also be useful to othem interested in this zoning mattel'. Uw,esolved lsslles concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 06/15/16 Public Hearing Held; Recommended Approval Board of Supervisors: 07/27/16 Pending PROPOSAL: Rezoning #04-16 for Snowden Bridge Station submitted by GreyWolfe, Inc., to rezone 11.340 acres from the M l (Light Industrial) District to the B2 (General Business) District, and 2.629 acres from the M I (Light Industrial) District to the B3 (Industrial Transition) District with proffers. LOCATION: The properties are located on the southeastern side of Martinsburg Pike (Route 1 1) and the southern side of Snowden Bridge Boulevard. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43C-3-2, zl3C-3-3, 43C-3-4, 43C-3-4A, 43-A-I50, 43-A-151A, and 43-A- 151B PROPERTY ZONING: M 1 (Light Industrial) PRESENT USE: Industrial, Residential and Vacant ADJOINING PROPERTY ZONING Sr. PRESENT USE: North: B2 (General Business) District South: M I (Light Industrial) District Last: M1 (Light Industrial) District Use: Commercial Use: Industrial/Vacant Use: Vacant/Snowden Bridge Boulevard West: M I (Light Industrial) District Use: Industrial/Vacant Rezoning 404-16 Snowdcn Bridge Station July 15, 2016 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Pleasesee the attached email -om jVattheiv Smith slated Alay 6, 2016. Please see Applicant's response elated May 15, 2016. Frederick-Winclester Service Authority: No comments. Frederick County Sanitation Authority: Please see the attached letter from Uric Lcm,rence dated April 9, 2016. Public Works Department: IPUbllc Works has no comments on the proposed rezoning. Frederick County Fire Mai -shall: Plans approved. Winchester Regional Airport: Rezoning is compatible with airport operations and should not impact continued operations of airport. Frederick County Attorney: Please seethe attached letter./rom Roderick B. 1,11illiams dated April 26, 2016. See Applicant's 1esponse dated May 15, 2016. Frederick County Planning Department: Please see attached letters from Candice Perkins dated April S, 2016 and John Bishop dated May 10, 2016. Please see Applicant's response dated ploy 15, 2016. Planning & Zoning: 1) Site Ilistory: The original Frederick County zoning map (U.S.G.S. Winchester, VA Quadrangle) identifies the majority of the subject property as being zoned A-2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District Upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding zoning map resulted in the re -mapping of this portion ofthe subject property and all other A-1 and A-2 rezoned land to the RA District. The remainder of the property was identified as being zoned R-3. The R-3 (Residential General) District zoning classification was modified to RP (Residential Performance) District on Pebrltary 14, 1990, dUring the comprehensive amendment to the County's Zoning Ordinance. The subject properties were rezoned to the M 1 (Light Industrial) "Zoning District with rezoning 403-05 for North Stephenson which was approved by the Board of Supervisors on April 27, 2005. 2) Comprehensive Policy Plan: The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarcling clevclopment, preservation, public facilities and other key Rezoning 404-16 Snowden Bridge Station July 15, 2016 Page 4 Components Of C0111111L1111ty life. The primary goal Of this plan is t0 protect aIld iIllprove the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the fUtUrC planning efforts of the Count)'. Lancl Use The 2030 Cornprehcnsive Plan identifies these properties with an industrial land use designation. In general, the proposed commercial zoning is inconsistent with the Current land use supported by the Comprehensive Plan. I-Iowcver, considering the visibility of this site, its location on Martinsburg Pile and the I-81 interchange and the amount Of commercial land in close proximity to this site, the requested commercial may be acceptable. Transporlation and Site Aecess According to the Applicant's Impact Analysis Statement, the site could generate up to 6,303 daily trips if developed with restaurants and the existing warehouse based on the existing M1 zoning of the site. The Applicant further stated that the site would generate a lower volume Of 5,572 trips per clay if developed with a mix of warehouse/hotel/restaurant/gasoline station. Therefore the Applicant has proffered that the site would not exceed 6,303 vehicle trips per day. As depicted on the Applicant's GDP, the site would be accessed via one right -in /right -out and one right -in only on Martinsburg Pike, as well as one right -in only off of Snowden Bridge Boulevard. The entrance locations shown on the proffered GDP arc Conceptual in nature — the proffer states that the final design and location of these entrances will need to be approved by VDOT and the County. The site would also have access to Ezra Lane, which is proposed to be constructed as a private road (Rezoning 1103-05 called for Ezra Lane to become a public street). 3) Site Suitability/Environment: The subject property does not contain any areas of f7oodplain, wetlands or other environmental features. This area is, however, known for karst topography and special attention should be paid during development for potential sinkholes and related impacts. 4) Potential Impacts: A. Sewer and Water The property Owner previously constructed a sanitary force main, gravity lines with manholes and a pump station which has been dedicated to the FCSA. The Applicant's hnpact Analysis Statement projects that the site would require 14,000 gallons per day of' water. The Sanitation Authority has indicated that there arc Currently adequate water and sewer services available for the site. B. Use According to the Applicant's Impact Analysis Statement, the preferred option for development consists Of a gas station, restaurants, hotel, pharmacy and small market. It Rezoning 804-16 Snowden Bridge Station July 15, 2016 Page 5 should be noted that these uses are not proffered. "fhe Applicant has only proffered a maximum number of vehicles per day for the site. 5) Proffer Statement, Dated March 22, 2016, revised May 17, 2016: 1. Transportation- vehicle trips per day shall not exceed 6,303, to be determined at site plan stage. a. The owners have proffered to Construct one right -in only entrance on Snowden Bridge Boulevard as Shown oil the GDP. Final design and location to be approved by VDOT and the County. b. "file owners have proffered to Construct oIle right-in/right-oLit entrance and oIhe right -out entrance onto Martinsburg Pike as shown on the GDP. Final design and location to be approved by VDOT and the County. C. The owners have proffered a private road (Ezra Lane) within the property as shown on the GDP. This road shall serve as the internal road system for development. Neighboring parcels (43C-5-15, 16, 17, 43C-6-A) and the Electric Substation will also be granted access over Ezra Lane should Redbud Road be closed. This proffer takes the place of proffer I that was proffered with Rezoning 1103-05. Cl. file parcel to the South (43C-3-5) shall be granted an inter -parcel connection— tlle location shall be determined at site plan approval. e. The owner proffers a dedication of 10' along Route I for right-of-way improvement. 2. Corridor Enhancements along Route 11 — Martinsburg Pike: a. Construction of a split rail fence with a 36" hedge within the front building setback. b. The parking setback along Route I I shall be consistent with the front building setback per the Zoning Ordinance. C. Only one freestanding monLlment Style sign shall be allowed along the Martinsburg Pike frontage. 3. Fire and Rescue — Monetary Contributions: a. The owners have proffered a cash contribution to Fire and Rescue of $0.10 per bUilding square foot. PLANNING COMMISSION SUMMARY AND ACTION FROM T14E 06/15/16 MEETING: Commissioner Oates abstained from this item for a possible conflict of interest. Staff reported this application is to rezone a total of 13.9 acres of land from the M I (Light Industrial) District to the B2 (General Business) and B3 (Industrial Transition) Districts with proffers. Staff continued this property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2030 Comprehensive Plan. Staff explained the Comprehensive Plan identifies these properties with an industrial land use designation which is consisteIt with the current zoIling of the properties. Staff continued the proposed commercial zoniIhg Is inconsistent with the Current land use Supported by the Comprehensive Plan. They Voted considering Rezoning #04-16 Snowden I3ridge Station July 15, 2016 Page 6 the visibility of this site, its location on Martinsburg Pike and the I-81 interchange, and the amount of commercial land in close proximity to this site, the requested commercial use may be acceptable. Staff reported with this rezoning the Applicant has proffered to limit the number of restricted entrances on Martinsburg Pike to two and one on Snowden Bridge Boulevard and limit the maximum vehicle trips for the site to 6,303. Staff continued the entrance locations shown on the proffered GDP are conceptual in nature; the proffer states that the final design and location of these entrances will need to be approved by VDOT and the County. Staff'concluded the Applicant has also proffered a 10' right-of- way dedication for Martinsburg Pike, as well as corridor enhancements such as a split rail fence, increased parking setbacks, and has provided a monetary contribution of $0. 10 per building sgUare foot for Fire and Rescue. The representative for the Applicant noted the traffic number Staff mentioned was based on existing zoning which includes restaurants. A Commission Member commented it appears the Planning Commission is handling these types of rezonings more frequently. Another Member noted lie feels this is market driven. A Commission Member stated it is disappointing to lose M 1 and M2's, however he feels at this time and this location it is appropriate planning. A motion was made, seconded, and unanimously recommended approval of RBZ 904-16 Snowden Bridge Station. Absent: Dunlap, Triplett, Kenney EXECUTIVE SUMMARY & CONCLUSION FOR THE 07/27/16 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 13.9 acres of land From the MI (Light Industrial) District to the B2 (General Business) and B3 (Industrial "Transition) Districts with proffers. This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan ol' the 2030 Comprehensive Plan. The Comprehensive Plan identifies these properties with an industrial land use designation which is consistent with the current zoning of the properties. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the visibility of this site, its location on Martinsburg Pike and the I-81 interchange and the amount of commercial land in close proximity to this site, the requested commercial may be acceptable. With this rezoning, the Applicant has proffered to Unlit the number of restricted entrances on Martinsburg Pike to two and one on Snowden Bridge Boulevard and limit the niaxinuull vehicle trips for the site to 6,303. Tile entrance locations shown oil the proffered GDP are conceptual in Mature— the proffer states that the final design and location of these entrances will need to be approved by VDOT and the County. The Applicant has also proffered a 10' right-of-way dedication for Martinsburg Pike as well as corridor enhancements SUCK as a split rail fence, increased parking setbacks. Tile Applicant has Rezoning #04-16 Snowden Bridge Station July 15, 2016 Page 7 also provided a monetary contribution of `E;0.10 per building square foot for Fire and Rescue. The Planning Commission did not identify any issues or concerns with the request and recommended approval of the application at their June 15, 2016 meeting. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate The Applicant should be prepared to adegiiately address all concerns raised by the Board of Supervisors. 0 n1 MERCNAM Si 112 MARKETST �1 r � 9 Applications Parcels Sewer and Water Service Area r Building Footprints 81 (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) • 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) PIKE 1e>'a MARTINSRURG IIKE Ie61 u��nNSRURG KE 1854 111 IAKTINSeURG NULTON LN ►IKE IIS NULTOI NU 0MMIE' EWM ©QM J N 11 �4 �h REZ # 04 - 16 Note: Frederick County Dept c Snowden Bridge Station Planning 8 Develop,, - 107 N Kent St 13 A - I50. 43 - A - I51 A, 43 - A - 151 B. 43 Suite 202 e 43C 3 - 2. 43C - 3 - 3. 43C - 3 - 4. Winchester, VA 226 43C . 3 - 4A 540 - 665 - 5651 Rezoning from M I to B2 and 83 Map Created May 19, 2016 Staff: cperkins 0 125 250 i1 4�� 500 Feet Applications Parcels Sewer and Water Service Area C'a Buildina Footprints ,1912! MARrINSlURG PIKE REZ - 04 - 16 Note: Frederick County Dept of Snowden Bridge Station Planning & Develop - PINS 107 N Kent $t 43 - A - 150. 43 - A - 151 q. 43 - A - ISI B. Suite 202 e 43C - 3 - 2. 43C - 3 - 3. 43C - 3 - 4. Winchester, VA 22r, 43C - 3 - 4A 540 - 665 - 5651 Rezoning from M I to B2 and B3 Map Created: May 19. 2016 Staff cperkins n s71; 2tn 500 Feet J r� Applications Parcels Sewer and Water Service Area • Building Footprints Long Range Land Use Residential 14;; Neighborhood Village Urban Center - Mobile Home Community 0 Business 0 Highway Commercial III=> Mixed -Use (Z> Mixed Use Commercial/Office 41� Mixed Use IndustriaVOffice • Industrial ® Warehouse Heavy Industnal Q Extractive Mining Commercial Rec Rural Community Center Fire & Rescue Historic ® institutional • Planned Unit Development 4ft Park III—) Recreation School Employment Airport Support Area Q B2/B3 O Residential, 4 u/a O High -Density Residential. 6 u/a 0 High -Density Resdential. 12-16 u/a (ZD Rural Area Interstate Buffer Landfill Support Area Natural Resources 8 Recreation • Environmental & Recreational Resources 0 y REZ #iO4-16 REZ #04-16 n EN LAP REI 1�04-16 O ©Q= REZ#04-16 Snowden Bridge Station PINS 43 - A 150. 43 A - 15 ) A. 43 A - 151 B. 43C 3 - 2. 43C - 3 - 3. 43C - 3 - 4. 43C-3-4A Rezoning from M I to B2 and B3 111 6� Note: Frederick County Dept of Planning Development N Kent St Suite 202 Winchester. VA 22601 540 665 5651 Map Created. May 19. 2016 Staff: cperkins 0 140 280 560 Feet • • is Proffer Statement for Snowden Bridge Station Rezoning: RZ # = 16 Property: Area: 13.969 acres Tax Parcels 43C-(3)-2, 3, 4, & 4A and 43-(A)-150, 151 A, & 151 B Record Owners: K & J Investments, LC & North Stephenson, Inc. Project Name: Snowden Bridge Station Original Date of Proffers: Revisions: Magisterial District: March 22, 2016 May 17, 2016 Stonewall 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 owners hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, sliall approve Rezoning Application 11 -16 for rezoning of 13.969-acres from the M-1 District to Business (B-2) (11.340 acres), and to Industrial Transition (B-3) (2.629 acres), development of the subject properties 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 owners and such are approved by the 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 the owners and their legal successors, heirs, or assigns. The "Properties" are more particularly described as the lands conveyed to North Stephenson, Inc. from Harold F. & Lola C. Johnson by Deed per instrument 890000744, and from Anna H. & Willie McLaurin, Jr., by Deed per instrument 880009530. Also, the lands conveyed to K & J Investments, LC from Douglas K. Ways by Deed per instrument 960006532, from North Stephenson, Inc., by Deed per instrument 050009792, and from the Estate of Nellie Atkerson Horner Omps by Deed per instrument 930010124, as recorded in the Frederick County Circuit Court Clerk's Office. A Generalized Development Plan (GDP) dated May 17, 2016, by GreyWolfe, Inc., is attached to and made part of this proffer document. Proffers: 0 1. Transportation — Vehicle Trips per Day shall not exceed the current by -right trips of 6,303 WAADT. To be determined at Site Plan submission utilizing the current ITE Trip Generation Manual. a. The owners hereby proffer to construct one "right in only" entrance on Snowden Bridge Blvd as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. b. The owners hereby proffer to construct one "right-in/right-out only" entrance and one "right -in only" entrance onto Martinsburg Pike as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. The owners hereby proffer a private road to be known as Ezra Lane within their property as shown on the GDP. This will serve as the internal road system for the development. Furthermore, neighboring parcels identified as the 43C-(5)-15, 43C-(5)-16, 43C-(5)-17, 43C-(6)-A, and the Electric Substation site currently owned by Rappahannock Electric Coop will be also be granted an access easement over Ezra Lane should Route 661, Redbud Road, be closed. Easements shall be granted when requested by the County Of Frederick. This takes the place of the related proffer l .g in rezoning #03-05 that calls for the road to be dedicated to the County as a public road. d. The parcel to the south, Tax Parcel 43C-(3)-5 shall be granted an inter -parcel connection. Location to be determined at site plan approval. e. The owners hereby proffer an additional 10' strip of land along Route 11 as shown on the GDP for right of way improvements. 2. Corridor Enhancement along Route 11 — Martinsburg Pike a. The owners hereby proffer to construct split -rail fence with a 36" hedge within the front building setback. b. The owners hereby proffer the parking setback along Route 11 shall be coincidence with the front building setback per the Frederick County Zoning Ordinance. c. The owner hereby proffers only one freestanding monument style tenant sign along the frontage of Martinsburg Pike. No additional freestanding signage will be allowed along Martinsburg Pike. 0 2 3. Fire & Rescue — Monetary Contributions The owners hereby proffer a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to occupancy permit. The term "building square foot" shall be the combined floor area for each story. 0 • The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owners and owners. 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 and Ordinance. Respectfully Submitted: B r 1b rth Stephenson, Inc. Date John E. Omps, President State of , City/County of To Wit: The foregoing instrument was acknowledged before me this L— day of , 20 16 �� I )� 5haio 0 �h� ) I I 1[11'�A d'11"j, '/ , Owner Otary Public n �6 Iq My Commission Expires '�fi Registration Number By: IZLi -., &;. v3pz:�Z' N1611l b K & J Investments, LC Date Keven V. Omps, Manager rry State of , City/County of R ft1 ("Ib To Wit: The foregoing instrument was acknowledged before me this ti— day of , 204 LQ Shawnlbr(22 d Owner "taryPublic r (Ai 9 j My Commission Expires Jl (, 3% �1f Registration Number M AMENDMENT Action: PLANNING COMMISSION: April 6, 2005 - Recommended Approval BOARD OF SUPERVISORS: April 26, 2005 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING TIDE ZONING DISTRICT MAP REZONING #03-05 FOR NORTH STEPHENSON, INC. WHEREAS, Rezoning #03-05 for North Stephenson, Inc., was submitted by Greemvay Engineering to rezonc 79.13 acres from RA (Rllral Areas) District to M 1 (Light lndustrial) District. These properties front on the east side of Martinsburg Pike (Route l I North), just north of the Interstate 81 Exit 317 northbound ol'f-ramp, immediately northeast of Redbud Road (Route 661), in the Stonewall Magisterial District, and are identified by Property Identification Numbers (PINS) 43-A-1 50,43-A-151, 43-A-151 A, 43-A-152, 43C- 3-2. 43C-3-3, 43C-3-4, 43C-3-4A, 43C-3-5 and 43C-3-7A. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 6, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 26, 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 Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 79.13 acres fi•om RA (Rural Areas) District to M 1 (Light Industrial) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the properiy owner. PDRes. 1117-05 This ordinance shall be in effect on the date of adoption. Passed this 26th day of April, 2005 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten & Gina A. Forrester Aye Gary Dove Aye Lynda J. Tyler _Aye- Bill M. Ewing Aye Gene E. Fisher Aye A COPY ATTEST Joh► R�Riley, Jr. Frederick County Administrator 0 LJ PDRes. # 17-05 • • 0 Grcemvny Engineering October 13, 2004 North Stephenson, Inc. Rezoning Revised January 3, 2005 Revised May 13, 2005 PROPOSED PROFFER STATEMENT REZONING: RZI8 03-05 Rural Areas District (RA) to Light Industrial District (M 1) with Proffers PROPERTY: 79,13 acres +/-; Tax Parcels #43-((A))-150, 43-((A))-151, 43-((A))-15IA, 43-((A))-152, 43C-((3))-2, 43C-((3))-3, 43C-((3))-4, 43C-((3))-4A, 43C-((3))-5, 43C-((3))-7A RECORD OWNER: North Stephenson, Inc. APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters North Stephenson, Inc. (here -in after "the applicants") North Stephenson, Inc. - Light Industrial Rezoning October 13, 2004 May 13, 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 # 03 -05 for the rezoning of the 79.13-acres tract from the Rural Areas (RA) District, to Light Industrial (M 1) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the applicants and their legal successors, heirs, or assigns. The subject property is more particularly described as the land owned by North Stephenson, Inc. being all of Tax Map Parcels 43-((A))-I50, 43-((A))-151, 43-((A))- 151A, 43-((A))-152, 43C-((3))-2, 43C-((3))-3, 43C-((3))-4, 43C-((3))-4A, 43C-((3))-5, and 43C-((3))-7A, as evidence by recorded property deeds in the Frederick County Clerk of Court Office included with this rezoning proposal. Pile N34351CA W Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning Revised Jvmary 3, 2005 Revised May 13, 2005 PROJECT PROFFER STATEMENT 1.) Transportation a) The applicants hereby proffer to construct, or cause for the construction of dual southbound left turn lanes on Martinsburg Pike (U.S. Route 11 North) at the major collector road intersection with Renzi Drive at the Rutherford's Farm Industrial Park. The southbound dual left turn lanes will be constructed at the same time that the Rutherford's Farm Industrial Park improvements to Martinsburg Pike are constructed. b) The applicants hereby proffer to construct, or cause for the construction of a right turn lane within the Martinsburg Pike (U.S. Route 11 North) right- of-way at a location and distance acceptable to VDOT between the intersection of Redbud Road (Route 661) and the major collector road intersection serving as the primary entrance to the 79.13-acre project site. A traffic study will be prepared and submitted to VDOT as a component of the site development plan for each proposed land use on the 79.13-acre site to allow VDOT to determine when the proffered improvement is warranted. c) The applicants hereby proffer to provide for the dedication of right-of-way and for the allowance of temporary construction easements needed for the ultimate design of the major collector road from the CSX railroad to Martinsburg Pike. The dedicated right-of-way shall provide for the improvements identified from station 10+00 to station 24+00 on the Stephenson Village Major Collector Road Plan and CSX Crossing prepared by Greenway Engineering and dated October 2004, which is included as an exhibit with this proffer statement. The applicants further proffer to provide for the dedication of right-of-way acceptable to VDOT for the purpose of providing a right turn lane from the major collector road onto the internal street connection located at station 17+00 on the subject exhibit. d) The applicants hereby proffer to enter into a signalization agreement with VDOT for the provision of a traffic signal at the major collector road intersection with Martinsburg Pike, which will align with Renzi Drive at the Rutherford's Farm Industrial Park. The signalization agreement shall provide for the pro-rata share of the traffic signal based on the projected traffic volumes identified in the Traffic Impact Analysis (TIA) compared to the projected traffic volumes identified in the TIA for the Rutherford's Farm Industrial Park and the TIA for the Stephenson Village Residential Planned Community. L.J File 113d85/EAW Greenway Engineering October 13, 2004 North Stephenson, Inc. Rezoning Revised January 3, 2005 0 Revised May 13, 2005 c) The applicants hereby proffer to prepare and submit a traffic study to VDOT as a component of the site development plan for each proposed land use on the 79.13-acre site to a determine the portion of the major collector road that will be required to be calstructed based on the impacts associated with each filtu>•e land use. f) The applicants hereby proffer to dedicate right-of-way to VDOT along Redbud Road for future improvements to the Interstate 81 Exit 317 interchange area. This right-of-way shall be dedicated to VDOT within 180 days of final engineering plan approval. The preparation of right-of- way dedication plats and legal documents associated with this dedication shall be prepared by parties other than the applicants. g) The applicants hereby proffer to dedicate a 50-foot right-of-way and provide temporary construction easements to VDOT for the purpose of realigning Redbud Road (Route 661) from the current intersection at Martinsburg Pike (U.S. Route 1 1 North) to connect to the Major collector road on the subject site. The purpose of the 50-foot right-of-way dedication and temporary construction easements is to provide VDOT and Frederick County with an appropriate alternative to relocate Redbud Road. The dedicated 50-foot right-of-way will coru3ect to the intersection that is . identified at station 17+00 on the Stephenson Village Major Collector Road Plan and CSX Crossing prepared by Greenway Engineering and dated October 2004, which is included as an exhibit with this proffer statement. The location of the 50-foot right-of-way to connect to this intersection will be agreed upon by VDOT and the property owners to allow for a mu inimn 25 mph geometric design criteria and will be made available at such a time that VDOT deems necessary. The preparation of right-of-way dedication plats and legal documents associated with this dedication shall be prepared by parties other than the applicants. The construction of the realigned portion of Redbud Road shall occur by parties other than the applicants. 0 h) The applicants hereby proffer to prohibit commercial entrances along the western property line on tax parcel 43-((A))-152 adjoining the Redbud Road (Route 661) right-of-way. T13is proffer is intended to prohibit commercial entrance locations on the current alignment of Redbud Road and is not intended to prohibit commercial entrances internally to the subject site should Redbud Road be realigned tluough the subject site resulting from the widening of Interstate 81. File 113485/EAw r7 Greemviy Engineering Oclober 13, 2004 Norlh Stephenson, Ine. Rezoning Rcviscd Jmntary 3, 2005 Revised May 13, 2005 2.) Structural Development The applicants hereby proffer to limit the structural development on the 79.13-acre to a maximum of 800,000 square -feet of total floor area. 3.) Environ. nental Protection The applicants hereby proffer to provide for the delineation of karst features located on the 79.13-acre site as a condition of master development plan approval. The applicants further proffer to conduct geotecllnical analysis for each site plan in which structural development or other site improvements are located within 50 feet of identified karst features. The geotecluiical analysis reports and methods for treatment of impacts shall be provided to the Frederick County Engineer for review and approval as a condition of site development plan approval. 4.) Viewshed Mitigation The applicants hereby proffer to prohibit the placement of freestanding and building mounted illuminated and non -illuminated business signs facing the eastern property line of tax map parcel 43-((A))-152 to mitigate viewshed impacts from the 3`d Winchester Core Battlefield Ai -ea. 0 5.) Fire and Rescue Monetary Contribution The applicants hereby proffer to provide a monetary contribution of $0.01 per square foot of structural development on the 79.13-acre site occurring subsequent to rezoning approval. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for structural development, which may generate a maximum monetary contribution of $8,000.00 based on the proffered maximum square footage of structural development. The applicants monetary contribution will be directed to the Clearbrook Volunteer Fire and Rescue Company, which will provide first due response to the subject site. 6.) Martinsburg Pike Corridor Enhancement The applicants hereby proffer to provide corridor enhancements along Martinsburg Pike. The location and type of enhancements for this corridor will be identified on the Master Development Plan for the 79.13-acre project site. File 03435/13AW 0 0 Grecmv113. Engineering 7.) Signatures October 13, 2004 North Stephenson, Inc. Rezoning Revised lanunry 3, 2005 Revised Mny 13, 2005 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 SupCrVisors 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: North Stephenson, Inc. Keven Omps Date By: , ► 0�- y mps Date Commonwealth of Virginia, City/County of N:4�-k)021—)'\C.I To Wit: 5� The foregoing instrument was acknowledged before W this � day of', by YwC11 01L"- My Commission Expires �.���� \ a (D-I h Notard Publ is File H3485/EAW Page 1 of 2 • Subj: Snowden Bridge Station - VDOT Rezoning Comments Date: 5/6/2016 3:18:39 P.M. Eastern Daylight Time From: Matthew.Smith(a),vdot.virginia.gov To: GreyWolfelnc(c_aol.com, jbishop(cD_fcva.us CC: Terry.ShortJR0VD0T.Virginia.gov, AdamF.CampbellO-vdot.virginia.gov, Matthew. Smith (a),vdot.vim inia.gov, Lloyd. ingramQ_VDOT.virginia.gov COAMN 0NVv"'11_*"A ],,t DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 140310ld Valley Pike Edinburg, VA 22824 Below please find our review comments regarding the Snowden Bridge Station Rezoning package dated March 22, 2016 and received by our office on March 28, 2016. • Proffer 1. a. & b.: These proffers should be removed as commercial entrance access will only be approved by VDOT at the time of final site plan development based on detailed entrance designs of conditions, standards, and regulations in place at the time of development. • Proposed Layout - Snowden Bridge Station Generalized Development Plan: Remove entrances shown on the GDP for the 11.340 Acre B-2 parcel, as access to the property will be determined by VDOT at the time of final site plan development based on detailed entrance designs of conditions, standards, and regulations in place at the time of development. • VDOT recommends the transportation proffers specify the inclusions of pedestrian accommodations (sidewalk) along Route 11 and Snowden Bridge Boulevard frontage. • The Comprehensive Plan section of the Impact Statement submitted with the application does not include the current land use designation of industrial on the property (per the 2030 Comp. Plan amended 2/25/15). Does the Industrial Land Use designation accommodate the proposed 132/133 zoning? • The Lane Divides Map in the County Comprehensive Plan indicates Route 11 along the property frontage is planned as a 6-lane, divided facility. The application does not address this planned transportation improvement. Please advise. • The Impact Statement submitted with the application indicates restaurants are the only allowed use in the current M-1 zoning of the property. Is this use restriction associated with an existing proffer on the property? To determine the existing by -right maximum trip generation scenario of 6,303 WAADT (utilized as a development cap in the proffers), the traffic study memo prepared by Stowe Engineering, submitted with the application assumes approximately 48,000 square feet of High Turnover Restaurants on the property. While this scenario as presented identifies a reduction in site trip generation with the proposed rezoning, from a purely zoning standpoint, going from a M-1 Light Industrial to a B-2 Business zoning district is generally considered an increase in potential development/zoning intensity. • Please let me know if you have any questions or need further clarification. Friday, May 06, 2016 AOL: GreyWolfeInc • TRANSMITTAL LETTER GREYWOLFE, INC. ;'l - %�•`• 1073 REDBUD ROAD • WINCHESTER, VA 22603- ,.�, (540) 667-2001 * (540) 545-4001 FAX I1 GREYWOLFEINC@AOL..COM r r Virginia Department of Transportation May 15, 2016 14031 Old Valley Pike Edinburg, VA 22824 Staunton District Mr. Adam Campbell: Attached are revised proffers addressing your concerns and below are responses to each of your comments. Thank you for taking the time to review these and I hope this addresses all of your concerns. We are proceeding to a submission on May 20th to start the public hearing process in June. If you have additional concerns, please let me know by June 8. 1. Proffers 1a and 1b will stay at the request of the Frederick County Transportation Planner. They have been modified to include Frederick County as a reviewing agency. 2. The entrance locations on the GDP will stay at the request of the Frederick County Transportation Planner. 3. The request of a pedestrian accommodation, or sidewalk, is required by ordinance in Frederick County, The Transportation Planner that we not proffer a condition that is already required through ordinance. 4. The analysis does include uses allowed In the current M-1 zoning, namely restaurants. Which are the most logical use of the property in this location by the interstate ramps. However, they are such a high traffic generator, the thought is to change the zoning to B-2 so that other uses that would be desirable for the location and produce much less traffic, particularly during non -peak hours such as hotels would be better. That is way the traffic report supplied showed such a high amount of traffic with the existing zoning and a lower one with the proposed zoning. I believe this also address comment #6. 5. The proffers have been revised to include an additional 10' of land for right of way as requested by the Transportation Planner to address the future 6 lanes of Route 11. Additional right of way can be required in the future, if needed, through the site plan or subdivision process. Please call if you have any questions. Thank you, Gary R. Oates, LS-B, PE GreyWolfe, Inc �VNSY SANltgr�oy w �q4r vntla6� Post Office Box 1877 whtchester Virglnin 22604-8377 April 9, 2016 Gary Oates Greywolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 FREDERICK COUNTY SANITATION AUTHORITY I'll (540) 868-1061 Fax (540) 868-1429 u•r�w.fcsn-wn tcr.com Brie R. Lntvreme Executive Director RE: Snowden Bridge Station Rezoning Application Property Identification Numbers: 343C-3-2, 3, 4, &4A; 43A-150,151A & 151B 13.969 acres Dear Mr. Oates, Thank you for the opportunity to offer review comments on the Snowden Bridge Station rezoning application package, received at the Frederick County Sanitation Authority (FCSA) on March 28, 2016. The FCSA offers continents limited to the anticipated impact/effect upon the Authority's public water and sanitary sewer system and the demands thereon. The project parcels are in the sewer and water service area (SWSA) and are served by FCSA. Based on the project's location, both water and sanitary sewer services are available within a reasonable distance from the site. Water service to the site is available, and capacities appear suitable. Sanitary sewer treatment capacity at the wastewater treatment plant is also presently available. As noted in the Impact Analysis, the applicant has constructed a sanitary gravity sewer, pump station, and force main to serve the sanitary conveyance requirements for the site. Sanitary sewer in the vicinity, predominately the adjacent sewer force main, have limited available capacities. It should be noted that sanitary sewer system capacity is not reserved and therefore prior to connecting nmv users to the system, the applicant will need to demonstrate that adequate sewer conveyance capacity exists to accommodate the user's demands. Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Please be aware that the FCSA is offering these review comments without benefit of knowledge of the use of the site. Since re , Eric AICP Executive Director wATER'S NVORT11 11' April 26, 2016 VITA E-MAIL AND REGULAR Mr: Gary Oates OreyVJolfe; Iu6". 1073 Redbud Road Winchester, VA.22603 Re: Rezoning Aiiplicatioii Snowdeii $ridge Station Rezoning . : Proffer Statement dated'March 22; 2016 Dear. You havesubiiiiited to Frederick County for review the above=refeienced proffer statement (tlie " Proffer Statement") for the proposed iezoriing of Tax Parcel Numbers 43-A=150, 43-A�151A; 43"A-151B .43C-3-2,'.43C=3=3; :43C-3-4, and 43C-3 '4A.(the "Property"); 13:9G9� . acres in the Stonewall Magisterial.:Distric{; froni-the Ml'(Light Industrial) District to the B2 . (General l3usitiess) and B3 (Industrial :Transi{ioii) Distticts with proffers:: I have now reviewed :the Proffer Statement atid.it is riiy.opiriion that:the Proffer:Siatementi.woWd the requirerneiits of be in a form to meet andtheCVirgi,nd would drCnyZonngOrdinacofflee;Fredeti. be legally sufficieait as'a proffer stateiiien , subjcct'to the following comYiients: Parcels/Proposed ;Subdivision Plat.= The County has already:assigiied Number 43�A=151A46 the 50X50 FCSA lot:.Therefore; flee W h ce l:ew lots being:created by the proposed subdivision plat will needao be:assigiied riumbeYs.tl*at do:n6tdncl68e:43=` ..A-151A: ;This will as well `requiie;a cliangeo Elie parcel riiuriliers that the Application ; and Proffer Stafeinenf idelitify; Also; or alzeplat; ttivo different sizes show for proposed riew`lo{ 43=A=151 A;.2:686 acres on `slieef 3 and 2;629 aczes on 'sheet 4:.It appears ;fliat the latter huiiciber zs corxect; as that is 0:057:acres less than thefoiTri: num eranc difference corresponds with the'.size Title L Atsome point; flee Proffer Statenieiit needs a.title identifying it as such: Tliis is helpful for whenwe present the Proffer Statement for recordation in flee land records: • Geneiralized Developmeiit Plan = The Proffer Stir dinent indicates that a GDP is attached : . .and includes a document titled `.`Proposed Layout for Commercial Rezoning at Snowden 107 North K6nt Street -Win6hester, Virginia`22601 Gory Oates April 26, 2016 Page 2 Bridge Statiolit The attachment appears to have at least some information thai would be typical fora GDP, so perhaps it needs to be designated as such. . Coordination with Pxoffers froira Rezoiiiiig`03'05 -Staff will want to ascertain the extent . to which performance of proffers from Rezoning 03-05 has-koadyoccurred or; ; . othertivise, whether any obligations from Rezoning 03:05 are conceptually inconsistent :.... with the obligations now proposed in": the Proffer Staterrierit:: One particular item to consider frorh Rezoning 03'05 is its Troffer I g (RedWd Road realigntnerlt):`. Several: . items from Rezoning Q3�05; including but not necessarily IinRed to the limiton overall . structural square footage'in'its'Proffer 2 and the'delineation of karst featitxes in its Proffer 3, would remain in force: o Proffer 1- Staffwiii waztt to ascertain whether ih: vehiole trips per day tkiat Would: otherwise result .froiii the proposed rezoning.' would be less than the proffered liluit that is based on curreiii by -right trips:: If it:is Iess,.the proffer may Dave liimited utility: Proffers l a and .l b .-*> or clarity; the proffers tiiiglit best state that the orvi ers proffer :to limit entrances an the zespective roads to ozie each:.:: . Prof er 1 c. For clarity;:th6 proffer might best add; :wiih respect io the pirivate road serving -as :tIie internal road systdzii for,the development; that the parcels subject to the ..:.: rezozairig:will Yiave:access easeiients fa the private road and that no developz�ent on the parcels will take -place until such easernen s aregahted.. :I have riot reviewed the substance of the proffers as to whether the proffers are suitable . and appropriate for this specific'.developrrient, as my understanding is that review will be done by' staff and the Plaziriing Commission:: . ... . ericlt B:-Williarlis CountyAttoriiey cc: Candice 1..Perkins;`Assistarif Director o Plazrtiiiig & Developirient;:Freclerick Coitiify'(via e= .:...: mail)' ;� :.. .... :...... ... TRANSMIITTAL LETTER GREYWOLFEf INC. i'► , O'•---- _ 1073 REDBUD ROAD 0 WINCHESTER, VA 22603 (540) 667-2001 • (540) 545-4001 FAX GREYWOLFEINC@AOL.COM Frederick County Attorney May 15, 2016 107 North Kent Street Winchester, Virginia 22601 RE: Rezoning Comments Mr. Williams, Attached are revised proffers addressing your concerns and below are responses to each of your comments. Thank you for taking the time to review these and I hope this addresses all of your concerns. We are proceeding to a submission on May 20th to start the public hearing process in June. If you have additional concerns, • please let me know by June 8. 1. The tax map numbering has been looked into and corrected with the Commissioner of Revenue's office. 2. A title has been added to the proffers as requested. 3. The title of the Generalized Development Plan has been revised to call it as such. 4. Comment for staff. 5. Staff did review the traffic reports and analysis during the pre -application phase and has additionally reviewed them with submission. No concerns have been raised. 6. I tried to clarify these proffers based upon your comments and those from VDOT and the County Transportation Planner. 7. In regards to your comment, since the access would be tied to Redbud's closure, I felt adding language based upon development of the lot would "muddy the waters". I have added that they will be dedicated upon request of the County, that should address your concern and allow the Board to be comfortable with the commitment. Please call if you have any questions. Thank you, Gary R. Oates, LS-B, PE Grey Wolfe, Inc COUNTY of FREDER]CK Dcparhnent of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 5, 2016 Mr. Gary Oates, LS-B, PE GreyWolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 RE: Proposed Rezoning for Snowden Bridge Station Property Identification Number (PIN): 43C-3-2, 3, 4, 4A, 43-A-150, 151A, 151E Dear Gary: I have had the opportunity to review the draft rezoning application for the Snowden Bridge Station properties. This application seeks to rezone seven properties totaling 13.696 acres from the M1 (Light Industrial) District to the B2 (General Business) and B3 (Industrial Transition) Districts with proffers. The review is generally based upon the proffer statement dated March 22, 2016. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Northeast Land Use Plan — Land Use. The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2030 Comprehensive Plan identifies these properties with an industrial land use designation. In general, the proposed commercial zoning Is Inconsistent with the current land use supported by the Comprehensive Plan. However, considering the visibility of this site, its location on Martinsburg Pike and the I- 81 interchange and the amount of commercial land in close proximity to this site, the requested commercial may be acceptable. 2. Proffer Statement — Corridor Enhancement. Proffer 2c should be expanded to state "no additional freestanding signage shall be permitted along Martinsburg Pike". 3. Proffer Statement — Corridor Enhancement. Proffer 2b needs to be clarified — should this proffer state that parking shall not be permitted between Martinsburg Pike and any structure constructed on the property. 0 Page 2 Mr. Gary Oates RE: Snowden Bridge Station Aprils, 2016 4. Proffer Statement — GPD. Ensure all parcels shown on the GPD that are subject to this rezoning are labeled (2, 3, 4, 4A). 5. Plat. Provide a plat of rezoning that includes a metes and bounds description for all seven of the properties for which the rezoning is being requested. Also, please provide deeds and verification of taxes paid. 6. Transportation Comments. Please note that transportation comments on the rezoning application from John Bishop, Assistant Director- Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 7. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Sanitation Authority, Frederick - Winchester Health Department, the local Fire and Rescue Company, the County Attorney and the Frederick -Winchester Service Authority. 8. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $11,369.60 based upon acreage of 13.696 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd • is • • C: TRANSMITTAL LETTER GREYWOLFE,, INC. - 1073 REDBUD ROAD a WINCHESTER, VA 22603 (540) 667-2001 • (540) 545-4001 FAX # F� GREYWOLFEINC@AOL.COM Department of Planning and Development May 15, 2016 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 RE: Planning Comments Ms. Perkins, Attached are revised proffers addressing your concerns and below are responses to each of your comments. Thank you for taking the time to review these and I hope this addresses all of your concerns. We are proceeding to a submission on May 20th to start the public hearing process in June. If you have additional concerns, please let me know by June 8. 1. Thank you for agreeing that while the proposed zoning does not meet the exact land use shown in the 2030 Comprehensive Plan, It does fit in will with the location and surrounding properties of similar zoning. 2. Proffer 2c has been modified per your request. 3. Proffer 2b intends that the parking be further from Route 11 than permitted by ordinance for corridor appearance. If a building such as a hotel were to be constructed, generally there is parking and a drop-off point in front. My client does not want to prohibit parking between the buildings and Route 11, only increase the distance for appearances. 4. The GDP has been modified to show interior lot lines of the parcels and not just the area as a whole. Please call if you have any questions. Thank you, Gary R. Oates, LS-B, PE GreyWolfe, Inc COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 v�AN Fax: 540/ 665-6395 May 10, 2016 K&.I Investments, LLC & North Stephenson, hic. c/o Greywolfe, Inc. 1073 Redbud Road Winchester, VA 22603 RE: Frederick Count.)' Transportation Continent on Rezoning Request for Snowden Bridge Station Dear Mr. Oates: I am in receipt of your materials for the rezoning of parcels 43C-(3)-2, 3, 4& 4A; 43-(A)-150, 151 A, & 151 B to 132/133 zoning. I would like to offer the following conunents and concerns as you proceed with your rezoning request. 1. The Comprehensive Plan calls for Route I 1 to be a facility with six through lanes in this area. Please consider providing right of way adequate to accommodate this and any needed turn lanes. 2. Please emphasize the conceptual nature of your proposed entrances, as well as clarify the fact that you are limiting yourself to these. In addition, please include the County to your note of VDOT approval. 3. 1 noted VDOT's comment regarding the sidewalk. We WOUld prefer you not proffer this since it is already an ordinance requirement. Our belief is that this creates confusion. 4. I would recommend creating inter -parcel connections to the south in order to avoid additional future entrances on Route 11. Thank you for this opportunity to comment and I look forward to being of assistance as you proceed with your application. Please let me know if any additional feedback or information is needed. Sincerely, t John A. Bishop Assistant Director — Transportation JAB/pd 10 cc: Rezoning file, Candice Perkins, Michael T. Ruddy 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 E TRANSMITTAL LETTER GREYWOLFE., INC. 1073 REDBUD ROAD • WINCHESTER, VA 22603 ,. (540) 667-2001 • (540) 545-4001 FAX GREYWOLFEINC@AOL.COM t Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 RE; Transportation Planner Comments Mr. Bishop, 'IY May 15, 2016 Attached are revised proffers addressing your concerns and below are responses to each of your comments. Thank you for taking the time to review these and I hope this addresses all of your concerns. We are proceeding to a submission on May 20th to start the public hearing process in 3une. If you have additional concerns, please let me know by June 8. 1. This area of Route 11 has been upgraded greatly over the last 10 years. We are amenable to your request and proffered an additional 10 feet. Please advise if this is sufficient. Also, when site plans are submitted, the County can always require additional right of way, if needed. 2. The entrances have been labeled "conceptual" and the County has been added as an approving agency. Please note that VDOT requested they be removed from the drawing; however like you, I think it is important to call out their potential locations for consideration of the rezoning by the Board of Supervisors. 3. I will respond to VDOT's comment about the sidewalk, and follow your suggestion about not proffering items already required by the ordinance. 4. I have added language for an Inter -parcel connection to the southern lot, Tax map 43C-(3)-5. Please call if you have any questions. Thank you, Gary R. Oates, LS-B, PE Grey Wolfe, Inc • Impact Statement For consideration of Rezoning the lands for the Snowden Bridge Station Stonewall Magisterial District Frederick County, Virginia March 22, 2016 Tax Map Numbers 43-(A)-150, 43-(A)-151A, 43-(A)-l51B, 43C-(3)-2, 43C-(3)-3, 43C-(3)-4, 43-(3)-4A Total Area: 13.969 acres Owners of Record: K & J Investments, LC and North Stephenson, Inc. 1800 Martinsburg Pike Winchester, VA 22603 (540) 667-4919 ofc Contact: Gary R. Oates, LS-B, PE GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofc (540) 545-4001 fax • Snowden Bridge Station Rezoning Introduction The site is located on the east side of Route 11 north (Martinsburg Pike) and on the south side of Snowden Bridge Boulevard and just north of Interstate 81 exit 317 in Frederick County, VA. The site has been used for residential and industrial purposes irr the past. The applicants are seeking a change in zoning from M-1 to B-2 & B-3 to allow a more diverse array of business such as gas stations, drug stores, and hotels; which will create a tax base that takes advantage of the interstate traffic at exit 317. This portion of land was rezoned per application 403-05 in 2005. The remaining land will continue to be subject to those proffers while this 13.969 acre will become subject to the new proffers. Existinp, Conditions The properties contain two rental houses and a trucking business. The stornwater drains generally to the northeast towards the railroad. In 2006 the applicant installed a full turn lane and stoplights from exit 317 to Snowden Bridge Blvd. Most of the proffered is rezoning improvements have already been constructed. Furthermore, another rezoning by the applicant in 2012, application #01-12, proffered an additional stoplight and improvements at the intersection of Ezra Lane and Snowden Bridge Blvd where all of the traffic will exit. Comprehensive Planning The site is not intended to be residential, but rather a business tax base per the comprehensive plan. There is public water and sewer available and the applicant has already constructed a regional sewage pump station and dedicated it to the Frederick County Sanitation Authority. The benefit to Frederick County by approving this rezoning will be a positive economic impact and additional services for nearby residents and the traveling public on the interstate highway. Proposed Development The site will be graded, landscaped, and commercial entrances, as delineated on the GDP, installed that will meet current VDOT specifications. There will not be any exits built onto Snowden Bridge Blvd other the Ezra Lane. There are two entrances along Route 11 and one on Snowden Bridge Blvd, as shown on the GDP, to divert traffic into the development quickly and not congest the traffic on the major collectors. The development is envisioned to contain a gas station, restaurants, hotel, and possibly a pharmacy and small market. 0 • Physical Impacts The site is not located within or near any 100 year flood plains per FEMA Flood Map No. 51069CO209D and 51069CO2101). Furthermore, there are not any woodlands or noteworthy landscaping on site to preserve. Surrounding Properties The site is bounded by the proposed Ezra Lane to the east, Snowden Bridge Blvd bounds the north, Route 11 to the west, and land owned by the applicant to the south. Also, further west across Route 11 there is Rutherford Crossing, a large commercial park containing retail shops, restaurants, and services. This proposed development will complement the uses in the area. Traffic Impact and Analysis Report by Stowe Engineering is attached that shows the overall traffic will decrease. This is because restaurants are the only allowed use in the current M-1 zoning and they are highest traffic producers. By allowing other business such as hotels that generate far less traffic, the traffic will either be the same or most likely be less. The right -in entrances on Route 11 will allow interstate traffic access to the site without congesting the intersection with Snowden Bridge Blvd. • Finally, the internal road known as Ezra Lane was intended to be Redbud Road "redirected" when the original rezoning was approved. Now, with the Graystone Rezoning, Redbud Road will be diverted further to the east allowing the County to eventually close the at -grade rail crossing. This proposed rezoning will allow Ezra Lane to be a privately maintained internal road that taxpayers will not be responsible for. Also, the proffers clearly identify the remaining parcels left on Redbud Road and will grant them access over Ezra Lane to Snowden Bridge so they do not become "landlocked". Sewer Conveyance and Treatment The applicant has already constructed a sanitary sewer force main, gravity lines with manholes, and a pump station. These have been dedicated to the FCSA. Water Supply The applicant has constructed water mains within their development to serve the businesses. This development is expected to generate 1000 gallons/day/acre for a total of 14,000 gpd. • 2 • Drainage The stornnwater runoff drains to the railroad to the cast. The applicant will be required to implement BMP's and other devices to meet the Commonwealth of Virginia's requirements as required by DCR. Solid Waste Disposal The Civil Engineering Reference Manual, 4°i edition, uses a rate of 5.4 cubic yards per 1,000 square feet of floor area. A 100,000 sf development will yield 540 cubic yards per year. The solid waste will be transferred to the Frederick County Landfill Facility by private licensed commercial carriers. Historical Impact There are no historically significant structures or features present. Educational Impact This development will not create additional students for the schools. Police Fire and Rescue Impact • The development will increase the burden on fire and rescue. The applicant is offering a proffer of $0.10 per constricted building square foot to the County for fire and rescue services. Parks & Recreation Impact This development is not expected to increase population; therefore, no measurable impacts are predicted. Soils The soil types identified on the General Soil Map of the Soil Survey of Frederick County, Virginia are Carbo-Oaklet silt loam (6C) and an Oaklet silt loam (#32B). 'These soil types are considered prime farmland. The characteristics of this soil are manageable for development following the Virginia Erosion and Sediment Control practices. Geology This area is also known for karst topography and special attention should be paid for potential sinkholes. Soil borings and review by a geotechnical engineer is advised. • January 21, 2016 Mr. Gary Oates, PE, LS GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 RE: Omps property rezoning, Martinsburg Pike, Frederick County, VA Dear Mr, Oates: This flrm has been asked to prepare a traffic Impact study to support the rezoning of lands owned by K&J Investments along Martinsburg Pike. The rezoning area consists of two parcels whose size, existing zoning and proposed zoning are shown in table 1. Table 1 Rezoning Area, Existing Zoning and Proposed Zoning `�Parcbl Size Existing Zoning Proposed Zoning • The larger of these parcels is located at the corner of Martinsburg Pike and Snowden Bridge Boulevard. The smaller parcel encompasses the existing HH Omps warehouse and office building which was recently completed on the same property. Figure 1 shows the location of the parcels to be rezoned. As an initial step in the traffic impact study process the proposed land uses for the site(s) were identified and quantified. For the 11.356-acre tract the planned land uses, land area planned for each and trip generation variable are shown In table 2 and the full Trip Generation Report is attached. Table 2 Proposed Land Uses with Proposed Zoning Use Land Area (acres) ITE Variable Convenience store with carwash az z 15 fueling positions and 15 fueling positions High Turnover Restaurants 6.0 18,000 sq. ft. Hotel 3.15 140 rooms In addition to these uses the 2.613-acre tract is being rezoned from M-1 to B-3 to add a small boat repair retail component to the existing 35,000 sq. ft. trucking company warehouse and office space. An increase in traffic for this tract is expected to be minimal due to the low volume of traffic resulting from the boat repair business, which is forecasted by the developer to be less than 10 trips per day. 103 Heat Court, Winchester Virginia 22602 0 (540) 686,7373 - fax. (540) 301.1100 email: TimStowe@StoweCompanies.com Mr. Oates January 21, 2016 Page 2 The Trip Gen 2014 software based on the ITE Trip Generation Manual, 9' edition, was used to forecast the trips that will be generated bythe planned land uses. A summary of those trips is shown in table 3 and the full Trip Generation Report is attached to this report. Table 3 Trips Generated by Proposed Land Uses ,Land Use WAADT AM Peak Hour Adj St PM Peak Hour Adj St i Warehouse with office 200 of 46 of 30 and boat repair shop Hotel 790 69 _- 78 High Turnover 2289 195 177 Restaurants Market with 15 fuel 2293 178 208 positions and carwash Total 5572 488 493 For comparison and to determine if the rezoning is exempt from the VDOT Traffic Impact Study requirements, trips that would be generated if the site were to develop under the existing zoning were • also computed. The Trip Gen 2014 software based on the ITE Trip Generation Manual, 9"' edition, was also used to forecast these trips. A summary of these by -right trips is shown in table 4 and the full Trip Generation Report is attached. Table 4 Trips Generated from By -Right Land Uses with Existing Zoning Warehouse with office 200 46 30 and boat repair shop High Turnover 6103 519 473 Restaurants Total 6303 565 503 The Administrative Guidelines for the VDOT Traffic Impact Analysis Regulations per 24VAC30-155 dated November 2014 and published by the VDOT Land Development Section includes exemptions to the traffic impact study submission requirements for rezonings which appear to be applicable to this rezoning. The particular exemption that is applicable to this project is: "Exemptions to the Rezoning Submittal Requirements - No submission will be required even if the proposal meets one of the above thresholds if the rezoning will generate less daily traffic, and no Mr. Oates January 21, 2016 Page 3 increase in the existing hourly traffic, when compared to the trip generation of land uses allowed by right under the current zoning of the property, except governmental uses." Since the proposed development will generate less daily and hourly traffic when compared to the trip generated by the land uses allowed by right under the current zoning of the parcels, it is my opinion that a traffic impact study is not required under VDOT's Traffic Impact Analysis Regulations. If you have any questions, please do not hesitate to contact me. Sincerely, /1 CM , Timothy S. G' Stowe, PE, LS President • Attachments • i i Trip Generation Summary Alternative: Proposed Zoning B-2 & B-3 Phase: Project: Omps Rezoning Open Date: 1/20/2016 Analysis Date: 1/20/2016 Weekday Average Daily Trips Weekday AM Peak Hour of Weekday PM Peak Hour of Adjacent Street Traffic Adjacent Street Traffic ITE Land Use * Enter Exit Total * Enter Exit Total * Enter Exit Total 150 Warehouse with Office 100 100 200 36 10 46 8 22 30 35 Gross Floor Area 1000 SF 310 HOTEL 395 395 790 41 28 69 40 38 78 130 Rooms 932 High Turnover Resturant 1145 1144 2289 107 88 195 106 71 177 18 Gross Floor Area 1000 SF 946 Market with 15 fuel pumps and car wash 1147 1146 2293 91 87 178 106 102 208 15 Vehicle Fueling Positions Unadjusted Volume 2787 2785 5572 275 213 488 260 233 493 internal Capture Trips 0 0 0 5 5 10 10 10 20 Pass -By Trips 0 0 0 0 0 0 0 0 0 Volume Added to Adjacent Streets 2787 2785 5572 270 208 478 250 223 473 Total Weekday Average Daily Trips Internal Capture = 0 Percent Total Weekday AM Peak Hour of Adjacent Street Traffic Internal Capture = 2 Percent Total Weekday PM Peak Hour of Adjacent Street Traffic Internal Capture = 4 Percent Custom rate used for selected time period. Source: Institute of Transportation Engineers, Trip Generation Manual 9th Edition, 2012 TRIP GENERATION 2014, TRAFFICWARE, LLC P. 1 • Alternative: Existing Zoning M-1 Phase: Project: Omps Rezoning ITE Land Use 150 Warehouse with office 35 Gross Floor Area 1000 SF 932 High Turnover Resturant 48 Gross Floor Area 1000 SF i Trip Generation Summary 0 Open Date: 1/20/2016 Analysis Date: 1/20/2016 Weekday Average Daily Trips Weekday AM Peak Hour of Weekday PM Peak Hour of Adjacent Street Traffic Adjacent Street Traffic * Enter Exit Total * Enter Exit Total * Enter Exit Total 100 100 200 36 10 46 8 22 30 3052 3051 6103 285 234 519 284 189 473 Unadjusted Volume 3152 3151 6303 321 244 565 292 211 503 Internal Capture Trips 0 0 0 0 0 0 0 0 0 Pass -By Trips 0 0 0 0 0 0 0 0 0 Volume Added to Adjacent Streets 3152 3151 6303 321 244 565 292 211 503 Total Weekday Average Daily Trips Internal Capture = 0 Percent Total Weekday AM Peak Hour of Adjacent Street Traffic Internal Capture = 0 Percent Total Weekday PM Peak Hour of Adjacent Street Traffic Internal Capture = 0 Percent * - Custom rate used for selected time period. Source: Institute of Transportation Engineers, Trip Generation Manual 9th Edition, 2012 TRIP GENERATION 2014, TRAFFICWARE, LLC P. 1 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA I 76 be completed by Planning Staff U O Fee Amount Paid S I Zoning Amendment Number 0'-,Date Received C i 1b I �C+ PC I-Iearing Date (0 j I ( t (p BOS Hearing Date -1 1 j I The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: K & J Investments, LC & North Stephenson, Inc. Telephone: (540) 667-4919 Address: 1800 Martinsburg Pike, Winchester, VA, 22603 2. Property Owner (if' different than above): . Name: Telephone: Address: 3. Contact person if other than above: Name: Gary R. Oates Telephone: (540) 667-2001 4. Property Information: a. Property Identification Number(s): 43C-(3)-2,3,4,& 4A; 43-(A)-150,151A,& 151 B b. Total acreage to be rezoned: 13.969 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: 13.969 - M-1 C. Proposed zoning designation(s) and acreages) in each designation: 11.340 - B-2 2.629 - B-3 f. Magisterial District(s): Stonewall 0 0 • 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 Virl4inia 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: K & J Investments, LC & North Stephenson, Inc. - Keven V. Omps K & J Investments, LC & North Stephenson, Inc. - John E. Omps 7. Adjoining Property: • PARCEL ID NUMBER USE ZONING 43C-(3)-5 Residential M-1 43-(A)-151, 152, 151 C Industrial M-1 43-(A)-148 Vacant RP 43-(A)-149 Residential RP 43-(A)-100K and 100L Restarurants B-2 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): Eastern side of Martinsburg Pike (Route 11) and southern side of Snowden Bridge Blvd 13 0 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 Townhonle: 0 Multi -rankly: 0 Non -Residential hots: 0 Mobile Home: 0 Hotel Rooms: 140 Square Footage of Proposed Uses Office: Service Station: 1 Rctail: Manufacturing: Restaurant: 18,000 sf Warehouse: Commercial: 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): �V� �. �rr—ts� Date: �ti511� Date: I I�ll10 Owner(s): Date: Date: S 1K1�1� 0 14 U 0 0 ADJOINING PROPERTY OWNERS 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 F Address NameK & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property 1143C-(3)-5 NameCheryl DeHaven 1840 Martinsburg Pike Winchester, VA 22603 Property 1143-(A)-149 Name Levine Investments Limited 500 Pegasus Court Winchester, VA 22602 Property 1143-(A)-100L NameSchulz Winchester, LLC PO Box 2786 Arlington, VA 22202 Property 1143-(A)-100K NameK & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property 1143-(A)-151, 152, 151 C Name Property 11 Name Property 11 Name Property I! Name Property 11 W Is • C Special Limited Power of Attorney 4� ti 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) Keven V. Omps - North Stephenson, Inc & K&J Investments, LC (Phone) 540-667-4919 (Address) 1800 Martinsburg Pike, Winchester, VA 22603 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. 050009792, 807/151 on Page 704/806,863/1319, and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Gary R. Oates, LS-B, PE and Timothy Stowe, PE, LS (Phone) 540-667-2001 (Address) 1073 Redbud Road, Winchester, VA 22603 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 clay it is signed, or until is otherwi rescinded or mod t ed. In witness thereof, I (we) have hereto set my (our) hand and seal this day of 20, SignatUre(s) �6"'1—t, State of Virginia, City/County of —�� ram`-' To -wit: a Notary Public in and four /the jurisdiction aforesaid, 0G- ify that the person(s) who signed to the foregoing instrumen personally geared before me and has ac nANotaty the same before me in the jurisdiction aforesaid this day of 20Y jQl�% My Commission Expires: ublic 0 160003049 a 40 T P° 3v % SITE ROUTE 37 VICINITY MAP c7 1' - 2000' FINAL SUBDIVISION PLAT OF SNOWDEN BRIDGE STATION TAX PARCEL 43-(A)-151 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARCH 1, 2016 OWNERS CFRTIFICATF THE ABOVE AND FOREGOING SUBOMSION SURVEY OF THE LAND OF K A J INVESTMENTS, LC, AS APPEARS ON THE ACCOMPANYING PLAT, IS WITH THE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. , ,( S"IlA TIME - OW 147W OAS• M•I aR CONA01"WEAL rNOf 110MIA/IA CIJY/COUNTY OF TO WIT. THE FOREGOING OWNERS CERTIFICATE WAS AQWWLFDGED ,t BEFORE ME THIS DAY OF /I ia/LlJI 0-70/GBY. ,.•• "' • :. _, 7URf NOTARY /fM(IC r t fT Q . •• PRIMED NOTARY FLAWCj' myC0mmZS10NfVpLCS)?�&_ .9 _ REGJSTM7XWMAR& SURVEYORS CERTIACATE I HEREBY CERTIFY THAT THE PARCEL CONTAINED IN THIS SUBDMSION SURVEY IS Ttff LAND CONVEYED TO K 6 J INVESTMENTS, LC, FROM NORTH STEPHENSON, INC, BY DEED DATED MAY 9, ZOOS, AS INSTRUWW 05WO9792 AND DEED DATED MAROII9, 1006,ASIN57RUMENT060005964INTHE FREDERICK COUNTY cRafl TCOUVRTCLERK5OFPICE. .K rlt Y R GATES, LAND SURVEYOR PARS TRACT AMWOVOVAVAL " " 43-(A)-151 31.229 adts • FREDERICK COUNTY SUBDMSION ADMINISTRATOR DATE Zoned: M-1 VIRGINIA DEPARTM TRANSPORTATION DATE F3lTH OF r g' i'�.r &It FREDERICK COUNTY SANITATION AUTHORITY DATE 1073 Redbud Road GreyWolfe, Inc. ►N/ItjICSLpT, VAu603 0 TA E Lic. o. 1518-Bjj� ?'/ LC Land Surveying and Consulting GmyWbAW"a L•ca" 540-667-2001 OF{' �9ti yot O 540-545-4001 FAX SUR�� DRAWN BY: GRO FILE NO: 0460 1 SHEET 1 OF 4 -J- • • t RADIUS ARC DELTA BEARING CHORD DIRKNON C-1 1331.B3' 21.00' 00'30'57` N55°2938'E 21.00' C-CW C 1 2886.93' 250.87' 1 04°58'44- S 50°12'49' W 250.79' C-CW �/ a 150' 0' 1S0' GRAPHIC SCALE i 1 it 43-(A)-150 4, K 9 J INVEST- ~ MENTS, LC. DB 807, PG 1551 o ZONED: M-1 N USE.- RES. i L i i © A'47"S0�6- `- 1,s, S 05°28'16' F - 55.51 ' � _5 41 °20'06' W - 21.57' ISQ4` \ B N41.0910 _ 4' 1 b ' S 48°39 54' E - 60.00' N 41 °20'06' E - 21.57 N 84°3845' E - 59.09'� m , NEW LOT ryi' 43-(A)-151A 4 ZONED: M-1 lL� 2.686 ACRES I 1 / j 6 1 'BRL e �-- -- -- 31. ~6 REMAINING PARENT TRACT- 43-(A)-lS1 1 K A J INVESTMENTS, LC. .4060005964 1 ZONED: M-1 1 USE. INOLLSTRIAL �+ i 19.937ACPESADJ. �� 3 ^1 h 1 ti N0. VA POWER 1 NO WIDE' ESMT i a DB249, PG504 2 LSX RAILROAD V 0701822' W-16.73' 43-(A)-149 CHERYL L DeHAVEN WF120000118 ZONED. RP USE.- RES. 43 A -148 KrilINVESTMENTS, LC 130013563 ZONED: RP USE: VACANT N 81056'12' W - 22.90' S 4l'2OV6' W - 24.58' � N 4803954' W - 72.00' 141.2OW' E - 24.42' l4.°29'31' W - 27 93' 43-(A)-147 K A )INVESTMENTS, LC. IXVI3563 ZONED: M-I 8.973 ACRE - PIORk1AC EDISON. CO. POWER LINE EASEMENT VAR. WIDTH 8 65' R.O. W. D6 721, PG 249 NEW LOT 43-(A)-151C ZONED: M-1 _ 1.609 ALNES Ate VA /TOWER CO. DB �SO'R.O.W PG 17S FINAL SUBDIVISION PLAT OF �LTH pFSNOWDEN BRIDGE STATION •2 TAX PARCEL 43-(A)-151 UQAI t5 y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA �icV1518-B 1073 Redbud Road 3-1-1G GreyWolfe, Inc. Wa,> . VA22603 v y�Q ��4 land Surveying and Consurdng G 40-667-2 01 OFC SUFZ � 540-667-7001 OfC 540-545-4001 FAX FILE NO: 0460 DATE: MARCH 1 2016 SCALE: I" - 150' SHEET 3 OF 4 % � O,pFSTyOMFssOBD / � , hh O N" 4160° N� �S BP l II i 1 BQl 1 h ^�i 43-(A)-150 K& J INVEST I MENTS, h i' i ti i h D8 807, PG 1551 I c� o ZONED: M-1 i Ohl i�,0� USE: RES. m II NEW LOT v=, i 43-(A)-1518 ' O i1r4j°501 "� I ZONED: M 1 _.... f I O f r ! b `use I - .99��� REMAINING PARENT TRACT 43-(A)-151 K & J INVESTMENTS, LC. $060005964 ZONED: M-1 USE.' INDUSTRIAL 19.937 ACRES ADJ, */*0, N 4/ VA 150' 0' 150' GRAPHIC SCALE S 41'09'07' W - 291,46' �� I � c 5 05°28'16" E - 55.51' „ S 41 °20'06" W - 21.57' 109, 00' FC5A PUMP STATION LOT i •� qq tJ50007958 / r NEW LOT 43-(A)-151A ZONED: M--1 / i 2.619ACRES SEE SHEET 3 25'BRL- NEW LO ' 43-(A)-13 ZONED: A ' 1.609 AD �r m� r 1 . # I RADIUS I ARC I DELTA BEARING CHORD DIRECTION C-1 1 375,00' 117.51' 17°57'15" S51051'16'W 11Z03' CW FINAL SUBDIVISION PLAT OF P`T"OBLJ� SNOWDEN BRIDGE STATION �Qc- TAX PARCEL 43-(A)-151 R. �I tS D STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA LiC. No. 1518-B 1073 Redbud Road _ GreyWolfe, Inc. W„ he�r, VA22603 lEy�� Land Surveying and Consulting GmyWolfelncL@aol.com SURv 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0460 DATE: MARCH 1, 2016 SCALE. ' 1 " = 150' SHEET 4 OF 4 0 L9 L) • • `V.[RG1NIA: FRS ERICK COUNTY.M . -M instrument of writing was produced to me on Pr:• II-201�0 at and with certificate ackncwtCdgejnent there o 2nnexed was admitted to record. 'Tax imposed by Sm 53,1-802 of $ NIA r *,id, 58..1-SO1E hwse Zcm p aK if 2vowts ,e 41---4 � 0�1 r c1bW • 11 0 ul 0 -J C] C7 i s , 1 t t iS 7704559" E 46.87 - / E 19017 5 51°31i30 l29llE \R 55�110181 1.5 51 °31'28" E 43-(A)-I50 13.96' r 550 i 1 o f 1` W co 0 o z o i 1 o O 0 i S 23 7.14' a S 37°46'24" E - N 84 03845' E - 59, 09' �a �E . Z29,62 50°31 5 S 05,128'16" E - 55. 51 ' S 41020'06" W - 21.5 N 41020'06" E - 21, 57' .-000*0/ S 48 03954 " E - 60.00' z N l-n V 1 0 o Q N r � � O m o N 43-(A)-I51 B # RADIUS I ARC DELTA BEARING j CHORD j DIRECTION C-1 375, 00' 117. 51 ' 17057'15" S 51 051 '16" W 117. 03' CW C-2 2331.83` 32, 08' 0004717" N 60025'00" E 32.08' C-CW N 29013'14" W - 251,55' 43C-(3)-2 N 29008'46" W - 251.52' 43C-(3)-3 N 29°08'46" W - 251.50' 43C-(3)-4 43C-(3)-4A N 29 °08'46" W - 251, 47' s N 29010'52" W - 446.47' U �o rN rn �1 0 b a N 47011 '55" W 26.70' r — v 356'2i N 48013 43-(A)-147 K&J INVESTMENTS, LC #130013563 ZONED: RA & M-1 8.973 ACRE O rn ti s 4 W W o 62 �oQ �n4 O n C O v z 0 W w a 0 DATE: 5-17-2016 SCALE: 1"=100' DRAWN BY: CBC JOB NO. #0460 SHEET 2 OF 2 4, U July 29, 2016 Mr. Gary Oates GreyWolfe, Inc. 1073 Red Bud Road Winchester, Virginia 22603 11 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 RE: REZONING #04-16 Snowden Bridge Station PI Ns: 43C-3-2, 43C-3-3, 43C-3-4, 43C-3-4A, 43-A-150, 43-A-151A, and 43-A-151B Dear Gary: This letter serves to confirm action taken by the Frederick County Board ol'Supervisors at their meeting on July 27, 2016. The above -referenced application was approved to rezone 11.340 acres from the M 1 (Light Industrial) District to the B2 (General Business) District, and 2.629 acres from the M I (Light In(Iustrial) District to the B3 (Industrial Transition) District with proffers. The propertics are located on the southeastern side of Martinsburg Pike (ROutc 1 1) and S011thern side of Snowden Bridge Boulevard in the Stonewall Magisterial District. These parcels are identified as Property Identification Numbers 43C-3-2, 43C-3- 3, 43C-3-4, 43C-3-4A, 43-A-150, 43-A-151A and 43-A-151B. The proffer statement, originally dated March 22, 2016, with linal revision date of May 17, 2016, that was approved as a part Of this rezoning application is unique to the above referenced propertics and is binding regardless of Ownership. Enclosed is a copy of tlic adopted proiTer 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 licsitate to contact this Office if'you have any questions regarding the approval of this rezoning application. Sincerely, /,30 - - Candice Perkins, AICP, CZA Senior Planner CEP/pd Attachment cc: Judith McCann -Slaughter, Supervisor Stonewall District William Cline and Gary Oates, Shawnee District Planning Commissioners Jane Anderson, Real Estate 107 North Kent Sll'CCI, Suitc 202 • Winchester, Virginia 22601-5000 w Ellen Murphy, Commissioner of RCVCIILIC Rod Williams, County Attorney w/Proffer and Resolution CB Ventures, LLC, 415 Cecil Street, Winchester, VA 22601 • • Pam Deeter To: Judy McCann -Slaughter; wcline.fredcogovpc@icloud.com; Gary Oates (Greywolfeinc@aol.com) Subject: Rezoning #04-16 Snowden Bridge Station approval Attachments: SKMBT_PLAN16072915340.pdf Good afternoon, I have attached a letter from Candice Perkins in regards to the approval of Snowden Bridge Station which is in your magisterial district. If you have any questions, you may contact Candice Perkins. Pam Deeter Planning and Development 107 N. Kent Street, Suite 202 Winchester, VA 22601 (540) 665-5651 • • Pam Deeter From: Mail Delivery System <MAILER-DAEMON@co.frederick.va.us> To: wcline.fredcogovpc@icloud.com Sent: Friday, July 29, 2016 3:39 PM Subject: Relayed: Rezoning #04-16 Snowden Bridge Station approval Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: wcline.fredcogovpc@icloud.com Subject: Rezoning 404-16 Snowden Bridge Station approval r i Pam Deeter From: Microsoft Outlook To: Judy McCann -Slaughter Sent: Friday, July 29, 2016 3:39 PM Subject: Delivered: Rezoning #04-16 Snowden Bridge Station approval Your message has been delivered to the following recipients: Judy McCann -Slaughter (islaughter@fcva.us) <mailto:islaughter@fcva.us> Subject: Rezoning #04-16 Snowden Bridge Station approval 0 Pam Deeter From: Mail Delivery System < MAILER- DAEMON @AOL.com> To: Greywolfeinc@aol.com Sent: Friday, July 29, 2016 3:39 PM Subject: Expanded: Rezoning #04-16 Snowden Bridge Station approval Your message has been delivered to the following groups: Greywolfeinc@aol.com Subject: Rezoning #04-16 Snowden Bridge Station approval 0 L REZONING APPLICATION #04-16 SNOWDEN BRIDGE STATION Staff Report for the Planning Commission Prepared: May 31, 2016 Staff Contact Candice C. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 06/15/16 Pending Board of Supervisors: 07/27/16 Pending PROPOSAL: Rezoning #04-16 for Snowden Bridge Station submitted by GreyWolfe, Inc., to rezone 11.340 acres From the M 1 (Light Industrial) District to the B2 (General Business) District, and 2.629 acres from the M 1 (Light Industrial) District to the B3 (Industrial Transition) District with proffers. LOCATION: The properties are located on the southeastern side of Martinsburg Pike (Route 1 1) and southern side of Snowden Bridge Boulevard. EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 06/15/16 PLANNING COMMISSION MEETING: This is an application to rezone a total of 13.9 acres of land from the M 1 (Light Industrial) District to the B2 (General Business) and B3 (Industrial Transition) Districts with proffers. This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2030 Comprehensive Plan. The Comprehensive Plan identifies these properties with an industrial land use designation which is consistent with the CLHTCIlt Zoning of the properties. In general, the proposed commercial "zoning Is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the visibility of this site, its location on Martinsburg Pike and the I-81 interchange and the amount of commercial land in close proximity to this site, the requested commercial may be acceptable. With this rezoning, the Applicant has proffered to limit the number of restricted entrances oil Martinsburg Pike to two and one oil Snowden Bridge BOLllcvard aIld limit the maximum vehicle trips for the site to 6,303. The entrance locations shown on the proffered GDP are conceptual in nature — tile proffer states that the final design and location of these entrances will need to be approved by VDOT and the County. The Applicant has also proffered a 10' right-of-way dedication for Martinsburg Pike as well as corridor enhancements such as a split rail fence, and increased parking setbacks. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. Following the required public hearing,, a recommendation I-egaiWing this rezoning applications to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning 1/04-16 Snowden Bridge Station May 31, 2016 Page 2 This repay is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist thein in making a decision oil this application. It may also be useful to others interested in this zoning inattei-. Uni-esolved issiles concerning this application are noted by staff 3Uhere relevant throughout this staff report. Reviewed Action Planning Commission: 06/15/16 Pending Board of Supervisors: 07/27/16 Pending PROPOSAL: Rezoning #04-16 for Snowden Bridge Station submitted by GrcyWolfe, Inc., to rezone 11.340 acres fi•on1 the M 1 (Light Industrial) District to the B2 (General Business) District, and 2.629 acres from the M 1 (Light Industrial) District to the B3 (Industrial Transition) District with proffers. LOCATION: The properties are located on the southeastern side of Martinsburg Pike (Route 1 1) and southern side of Snowden Bridge Boulevard. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43C-3-2, 43C-3-3, 43C-3-4, 43C-3-4A, 43-A-150, 43-A-151A, and 43-A- 151B PROPERTY ZONING: M1 (Liglit I11CIllstrlal) PRESENT USE: Industrial, Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: Nortli: B2 (General Business) District South: M 1 (Light Industrial) District East: M 1 (Light Industrial) District Use: Commercial Use: Industrial/Vacant Use: Vacant/Snowden Bridge Boulevard West: M 1 (Light Industrial) District Use: Industrial/Vacant 0 . Rezoning 1104-16 Snowden Bridge Station May 31, 2016 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see the attached entail ftom Mcrltheiv S11uth Baled !fiery 6, 2016. Please see Applicant response Baled Nlay 15, 2016. Frederick -Winchester Service Authority: NO confluents Frederick County Sanitation Authority: Pleasesee the attached letter from Eric Laivrence cicrted April 9, 2016. Public Works Department: PLlbllc Works has no comments on the proposed rezoning. Frederick County Fire Marshall: Plans approved Winchester Regional Airport: Rezoning is compatible with airport Operations and should not impact continued operations of airport. Frederick County Attorney: Please seethe crttacheclletler.Jivin Roderick B. 1,1,'illicrnls elated flpril 26, 2016. See Applicant's response cicrted Allay 15, 2016. Frederick County Planning Department: Please see attached letters from Candice Perkins dated April S, 2016 and John Bishop cicrted Nlcry 10, 2016. Please see Applicant's response date(l A,lay 15, 2016. Planning & Zoning: 1) Site History: The original Frederick County zoning map (U.S.G.S. Winchester, VA Quadrangle) identifies the majority Of the SUbJect property as being zoned A-2 (AgrlcultUre General). The COL111ty'S agriCLlltUral zoning districts were combined t0 lorm the RA (Rural Areas) District upoI1 adoption Of all amendment to the Frederick COL1I1ty Z011111g Ordinance on May 10, 1989. The corresponding "zoning map rCSLIItCCI in the rC-mapping Of this portioI1 Of the sub.icct property and all other A-1 and A-2 rezoned land to the RA District. The remainder Of the property was identified as being zoned R-3. The R-3 (Residential General) District zoning classification was modified to RP (Residential Perlorlllance) District on February 14, 1990, during the comprehensive amendment t0 the COLlilty's Zoning Ordinance. The subject properties were rezoned to the M 1 (Light Industrial) Zoning District with rezoning 03-05 for North Stephenson which was approved by the Board OI SL1pC1'V1SOI's On April 27, 2005. 2) Comprehensive Policy Plan: The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is an Official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key 0 • Rezoning #04-16 Snowden Bridge Station May 31, 2016 Page 4 CO111pO11CntS Of C0111111L1111ty life. The primaI'y goal Of this plan Is to protect and improve the living cnvironnicllt within Frederick COUnty. It 1S in essence a composition Of policies Used to plan for the future physical clevclopment of Frederick County. The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the ILlture planning efforts of the County. Land Use The 2030 Comprehensive Plan identifies these properties with an inclustrial land use designation. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. I-Iowever, considering the visibility of this site, its location on Martinsburg Pike and the I-81 interchaIlge and the a1110Unt Of commercial land in close proximity to this site, the requested commercial may be acceptable. Ti-anporlation and Slle Access According to the Applicant's Impact Analysis Statement, the site could generate up to 6,303 daily trips if developed with restaUrants and the existing warehouse based on the existing MI zoning of the site. The Applicant further stated that the site would generate a lower volume of 5,572 trips per day if developed with a mix of warehouse/hotel/restaurant/gasoline station. Therefore the Applicant has proffered that the site would not exceed 6,303 vehicle trips per clay. As depicted on the Applicant's GDP, the site would be accessed via one right -in /right -out and one right -in Only On Martinsburg Pike, as well as one right -in Only off Of Snowden Bridge BOUlevard. The entrance locations shown On the proffered GDP are conceptual in nature — the proffer states that the final design and location Of these entrances will need to be approved by VDOT and the County. The site would also have access to Ezra Lane, which is proposed to be constructed as a private road (Rezoning 1/03-05 called for Ezra Lane to become a public street). 3) Site Suitability/Environment The subject property does not contain any areas of floodplain, wetlands Or Other environmental features. This area is, however, known for karst topography and special attention should be paid during development for potential sinkholes and related impacts. 4) Potential Impacts: A. Sewer and Water The property owner pl'CVIOLISIy COnStI ICted a sanitary force main, gI'avity lines with manholes and a pump station which has been dedicated to the FCSA. The Applicant's hnpact Analysis Statement projects that the site would require 14,000 gallons per day of water. The Sanitation Authority has indicated that there are currently adequate water and sewer services available Ior the site. B. Use According to the Applicant's Impact Analysis Statement, the preferred option for Rezoning #04-16 Snowden Bridge Station May 31, 2016 Page 5 development consists of a gas station, restaurants, hotel, pharmacy and small market. It should be noted that these uses are not proffered. The Applicant has only proffered a maximum number of vehicles per day for the site. 5) Proffer Statement, Dated March 22, 2016, revised May 17, 2016: 1. Transportation- vehicle trips per day shall not exceed 6,303, to be determined at site plan stage. a. The owners have proffered to construct one right -in only entrance on Snowden Bridge Boulevard as shown on the GDP. Final design and location to be approved by VDOT and the County. b. The owners have proffmcl to construCt One right-in/right-out entrance and one right -out entrance onto Martinsburg Pike as shown on the GDP. Final design and location to be approved by VDOT and the County. C. The owners have proffered a private road (Ezra Lane) within the property as shown on the GDP. This road shall serve as the internal road system for development. Neighboring parcels (43C-5-15, 16, 17, 43C-6-A) and the Electric Substation will also be granted access over Ezra Lane should Redbud Road be closed. This proffer takes the place of' proffer I that was proffered with Rezoning 1/03-05. d. The parcel to the south (43C-3-5) shall be granted an inter -parcel connection — the location shall be determined at site plan approval. C. The owner proffers a dedication of 10' along Route 11 for right-of-way improvement. 2. Corridor Enhancements along Route 11 — Martinsburg Pike: a. Construction of a split rail fence with a 36" hedge within the front building setback. b. The parking setback along Route I I shall be consistent with the font building setback per the Zoning Ordinance. C. Only one freestanding 111011L1111CI1t style sign shall be allowed along the Martinsburg Pike frontage. 3. Fire and Rescue — Monetary Contributions: a. The owners have proffered a cash contribution to Fire and Rescue of $0.10 per building square foot. STAFF CONCLUSIONS FORT HE 06/15/16 PLANNING COMMISSION MEETING: This is an application to rezone a total of 13.9 acres of land from the M 1 (Light Industrial) District to the B2 (General Business) and B3 (Industrial Transition) Districts with proffers. This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2030 Comprehensive Plan. The Comprehensive Plan identifies these properties with an iIldllstrlal land Use designation which Is Consistent with the current zoning of the properties. In geIleral, the proposed cornrnCrcial zoning is 0 • Rezoning #04-16 Snowden Bridge Station May 31, 2016 Page 6 inconsistent with the current land use supported by the Comprehensive Plan. I-Iowever, considering the visibility of this site, its location on Martinsburg Pike and the I-81 interchange and the amount of commercial land in close proximity to this site, the requested commercial may be acceptable. With this rezoning, the Applicant has proffered to limit the number of restricted entrances on Martinsburg Pike to two and one on Snowden Bridge Boulevard and limit the maximum vehicle ti'1ps for the site to 6,303. The entrance locations Shown on the pI'offel'ed GDP a1'e conceptual In natUi-e — the proffer states that the final design and location of these entrances will need to be approved by VDOT and the County. The Applicant has also proffered a 10' right-of-way dedication for Martinsburg Pike as well as co1'rldol' enhancements SUCI] as a Split tall fence, increased parking setbacks. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Dire and Rescue. Following the required public hearing, a recommendation reguarding this rezoning applicatio/1 to the Board ofSunervisors would be appropriate. The Applicant should be prepared to_ader ul ately address all Concerlls raised by the Planning Commission MA UIY Si ' M -Al je Station . PIKE 1e>s 51 A, 43 - A - 151 B, :AR/KfBURG 43C - 3 - 4, 186• MARI'INSBURG ►IKE 2 and B3 1as4 14 fit r MARTIN58URG NUUd MERCHAM ST IIKE ♦ f 4*1840 MAR11NS8URG IIKE �FZ n04 m40 M i it s i fl 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) Q` 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) u A fsfA a r �5 11 ,- �4 0 e G/Gi I REZ # 04 - 16 Note: Frederick County Dept o' Snowden Bridge Station Planning a Developmer• PINS 107 N Kent St e 43 - A - 150. 43 - A - 151 A. 43 - A - 151 B. Suite 202 43C - 3 - 2. 43C - 3 - 3. 43C - 3 - 4 Winchester. VA 226C 43C-3-4A 540-665-5651 Rezoning from M 1 to B2 and 83 Map Created: May 19. 2016 Staff: cperkins 0 125 250 500 Feet 11 1 11 11 1 rRE!Z#04- 16 "• Zc ` I* I .,)nowaen Driuye amulun , / - 1% Off OF y PINS: t .I876 4•rM' INSAURG, 43 - A - 150, 43 - A - 151A, 43 - A - 151B, PIKE 43C - 3 - 2, 43C - 3 - 3,43C - 3 - 4, 43C - 3 - 4A MARrINSRURG\ Rezoning from M1 to B2 and B3 t � .�,y w: , c ►es1 III AC MARTINSRURG NULTONW J ' J MERCNANi ST PIKE v i 119 Ie40 NULiON W ` ' MARTINSRURG ILI2 IIKE • »y MARKET ST• \ \ - vUITONi 3 ISO -1�, !. EZRA J-1 C�3C i14 • 43C J J r 34 1• , • S43C 3 4 A MARTINSBURG \t1 S1 _ - PIKE QMARi1NSeURG �•-h PIKE rI Q4. - ARTINSBURG F\ 24 1SBURG• KE _220, EZRA LN • ISS RED BUD RD I r • � ,� ♦� w Applications Parcels Sewer and Water Service Area cl;l Buildina Footorinta REZ # 04 - 16 Note: Frederick County Dept of Snowden Bridge Station Planning & Developmer* PINS: 107 N Kent St e 43 - A - 150 43 - A - 151 A. 43 - A - 151 B. Suite 202 43C-3-2 43C - 3 - 3. a3C - 3 - 4. Winchester, VA 226( 43C - 3 - 4A 540 - 665 - 5651 Rezoning from M I to B2 and B3 Map Created: May 19, 2016 Staff: cperkins n �s 7sn 500 Feet Ill / MARKETST uG J�3 �r IJC 7 4 Appi,cations Parcels Sewer and Water Service Area Building Footprints Long Range Land Use Residential Neighborhood Village Urban Center t' Mobile Home Community CD Business 0 Highway Commercial CDMixed -Use 0 Mixed Use Commercial/Office Mixed Use Industrial/Office • Industrial ® Warehouse Heavy Industrial Extractive Mining Commercial Rec Cmf Rural Community Center ® Fire & Rescue QHistoric ® Institutional - Planned Unit Development f//i Park Recreation School Employment Airport Support Area 0 B2 / B3 0 Residential 4 u/a OHigh -Density Residential, 6 u/a OHigh -Density Residential. 12-16 u/a ORural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources O PA R 220 URA !N 43 REZ # 04 - 16 Note: Frederick County Dept of Snowden Bridge Station Planning & Developmelf PINS: 107 N Kent St 43 - A - 150.43 - A - 151 A. 43 - A - 151 B. Suite 202 e 43C - 3 - 2. 43C - 3 - 3. 43C - 3 - 4. Winchester. VA 2260 43C - 3 - 4A 540 - 665 - 5651 Rezoning from M 1 to B2 and B3 Mop Created: May 19. 2016 Staff: cperkins 0 140 280 i 560 Feet It I 9 • Rezoning: Property: Record Owners: Project Name: Proffer Statement for Snowden Bridge Station RZ # -16 Area: 13.969 acres Tax Parcels 43C-(3)-2, 3, 4, & 4A and 43-(A)-150, 151A, & 151B Original Date of Proffers: Revisions: Magisterial District: K & J Investments, LC & North Stephenson, Inc. Snowden Bridge Station March 22, 2016 May 17, 2016 Stonewall 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 owners hereby offer the following proffers that in the event the Board of Supervisors ofFrederick County, Virginia, shall approve Rezoning Application 4_-16 for rezoning of 13.969-acres from the M-I District to Business (B-2) (11.340 acres), and to Industrial Transition (B-3) (2.629 acres), development of the subject properties 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 owners and such are approved by the 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 the owners and their legal successors, heirs, or assigns. The "Properties" are more particularly described as the lands conveyed to North Stephenson, Inc. from Harold F. & Lola C. Johnson by Deed per instrument 890000744, and from Anna H. & Willie McLaurin, Jr., by Deed per instrument 880009530. Also, the lands conveyed to K & J Investments, LC from Douglas K. Ways by Deed per instrument 960006532, from North Stephenson, Inc., by Deed per instrument 050009792, and from the Estate of Nellie Atkerson Horner Omps by Deed per instrument 930010124, as recorded in the Frederick County Circuit Court Clerk's Office. A Generalized Development Plan (GDP) dated May 17, 2016, by GreyWolfe, Inc., is attached to and made part of this proffer document. Proffers: Transportation — Vehicle Trips per Day shall not exceed the current by -right trips of 6,303 WAADT. To be determined at Site Plan submission utilizing the current ITE Trip Generation Manual. a. The owners hereby proffer to construct one "right in only" entrance on Snowden Bridge Blvd as shown on the GDP. Final design and location to be .,;r,� approved by VDOT and the Cou,nty. of Frederick. b. The owners hereby proffer to construct one "right-in/right-out only" entrance and one "right -in only" entrance onto Martinsburg Pike as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. c. The owners hereby proffer a private road to be known as Ezra Lane within their property as shown on the GDP. This will serve as the internal road system for the development. Furthermore, neighboring parcels identified as the 43C-(5)-15, 43C-(5)-16, 43C-(5)-17, 43C-(6)-A, and the Electric Substation site currently owned by Rappahannock Electric Coop will be also be granted an access easement over Ezra Lane should Route 661, Redbud Road, be closed. Easements shall be granted when requested by the County Of Frederick. This takes the place of the related proffer Lg in rezoning #03-05 that calls for the road to be dedicated to the County as a public road. d. The parcel to the south, Tax Parcel 43C-(3)-5 shall be granted an inter -parcel connection. Location to be determined at site plan approval. The owners hereby proffer an additional 10' strip of land along Route 1 1 as shown on the GDP for right of way improvements. 2. Corridor Enhancement along Route 11 — Martinsburg Pike a. The owners hereby proffer to construct split -rail fence with a 36" hedge within the front building setback. b. The owners hereby proffer the parking setback along Route 11 shall be coincidence with the front building setback per the Frederick County Zoning Ordinance. c. The owner hereby proffers only one freestanding monument style tenant sign along the frontage of Martinsburg Pike. No additional freestanding signage will be allowed along Martinsburg Pike. 2 3. Fire & Rescue — Monetary Contributions a. The owners hereby proffer a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to occupancy permit. The term "building square foot" shall be the combined floor area for each story. 3 n The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors In the Interest of the owners and owners. 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 and Ordinance. Respectfully Submitted: B r ,�1� rth Stephenson, Inc. Date John E. Omps, President State of * fi �� 1(t. , City/County oft To Wit: The foregoing instrument was acknowledged before me this day of 20 16 Owner &aryyublic Iq 16Ll My Commission Expiresffikh 3Z 02 QIR Registration Number By: nnpp�, �im, Q,2m� K & J Investments, LC Date Keven V. Omps, Manager State of -v� lye, City/County of ,�(�(� To Wit: The foregoing instrument was acknowledged before me this �1— day of , 204 PO) Ju shah)O "d Owner N tary Public My Commission Expires ftcc 3l, 261aO Registration Number m 5 37°46'24" E - N 84138'45" E - 59.09'�_ ti 229,62 / N 41 °20'06" E - 21.57' 5 50°311b0" E I( S 05°28'16" E - 5551 ' 5 41 °20'06" W - 21.57'5 48°39 54E - 60.00' E - 51a3130" 5 z �S77°45'59'E E 46.87' N o 5 5R1 018, !\ - 1551°3128"E 13,96' 43-(A)-150 - 4J 41 E 382 o � 5 50°5819" Z IW 1M I g Obi o o rn b 2 N 47°I155" W 26.70' Ict 43-(A)-151A v 356 721 N 013 p1 W 43-(A)-151 B RADIUS ARC C1 375.00 C 1 2331.83 43-(A)-147 K&1 INVESTMENTS, LC #130013563 ZONED: RA & M-1 8.973 ACRE N 2911052" W - 446.47' 0 z DATE: 5-17-2016 SCALE: 1"=100' DRAWN 8Y; CBC / JOB N0. #0460460 SHEET 2 OF 2 0 • Page 1 of 2 Subj: Snowden Bridge Station - VDOT Rezoning Comments Date: 5/6/2016 3:18:39 P.M. Eastern Daylight Time From: Matthew. Smith aa)vdot.virginia.gov To: GreyWolfelnc cDaol.com, jbishop()fcva.us CC: Terry. ShortJR(a�VDOT.Vir iq nia.gov, AdamF.Campbell(a)vdot.virginia.gov, Matthew.Smith(d,)vdot.virginia.gov, Lloyd. ingram(d.VDOT.virginia.gov J Y' `� .� .if 'K --\ ,.� /y f r - f �4 ''! � �r �D 1 r fi j � � f I � d � d � F f t ! ,,, DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Below please find our review comments regarding the Snowden Bridge Station Rezoning package dated March 22, 2016 and received by our office on March 28, 2016. • Proffer 1. a. & b.: These proffers should be removed as commercial entrance access will only be approved by VDOT at the time of final site plan development based on detailed entrance designs of conditions, standards, and regulations in place at the time of development. • Proposed Layout - Snowden Bridge Station Generalized Development Plan: Remove entrances shown on the GDP for the 11.34"0 Acre B-2 parcel, as access to the property will be determined by VDOT at the time of final site plan development based on detailed entrance designs of conditions, standards, and regulations in place at the time of development. • VDOT recommends the transportation proffers specify the inclusions of pedestrian accommodations (sidewalk) along Route 11 and Snowden Bridge Boulevard frontage. • The Comprehensive Plan section of the Impact Statement submitted with the application does not include the current land use designation of industrial on the property (per the 2030 Connp. Plan amended 2/25/15). Does the Industrial Land Use designation accommodate the proposed 132/133 zoning? • The Lane Divides Map in the County Comprehensive Plan indicates Route 11 along the property frontage is planned as a 6-lane, divided facility. The application does not address this planned transportation improvement. Please advise. • The Impact Statement submitted with the application indicates restaurants are the only allowed use in the current M-1 zoning of the property. Is this use restriction associated with an existing proffer on the property? To determine the existing by -right maximum trip generation scenario of 6,303 WAADT (utilized as a development cap in the proffers), the traffic study memo prepared by Stowe Engineering, submitted with the application assumes approximately 48,000 square feet of High Turnover Restaurants on the property. While this scenario as presented identifies a reduction in site trip generation with the proposed rezoning, from a purely zoning standpoint, going from a M-1 Light Industrial to a B-2 Business zoning district is generally considered an increase in potential development/zoning intensity. Please let me know if you have any questions or need further clarification. Friday, May 06, 2016 AOL: GreyWolfeInc i TRANSMITTAL LETTER GREYWOLFE, INC. 1073 REDBUD ROAD • WINCHESTER, VA 22603 (540) 667-2001 • (540) 545-4001 FAX ti GREYWOLFEINC@AOL.COM Virginia Department of Transportation May 15, 2016 14031 Old Valley Pike Edinburg, VA 22824 Staunton District Mr. Adam Campbell; Attached are revised proffers addressing your concerns and below are responses to each of your comments. Thank you for taking the time to review these and I hope this addresses all of your concerns. We are proceeding to a submission on May 20th to start the public hearing process in June. If you have additional concerns, please let me know by June 8. 1. Proffers is and lb will stay at the request of the Frederick County Transportation Planner. They have been modified to include Frederick County as a reviewing agency. 2. The entrance locations on the GDP will stay at the request of the Frederick County Transportation Planner. 3. The request of a pedestrian accommodation, or sidewalk, is required by ordinance in Frederick County. The Transportation Planner that we not proffer a condition that is already required through ordinance. 4. The analysis does include uses allowed in the current M-1 zoning, namely restaurants. Which are the most logical use of the property in this location by the interstate ramps. However, they are such a high traffic generator, the thought is to change the zoning to B-2 so that other uses that would be desirable for the location and produce much less traffic, particularly during non -peak hours such as hotels would be better. That is way the traffic report supplied showed such a high amount of traffic with the existing zoning and a lower one with the proposed zoning. I believe this also address comment #6. S. The proffers have been revised to include an additional 10' of land for right of way as requested by the Transportation Planner to address the future 6 lanes of Route 11. Additional right of way can be required in the future, if needed, through the site plan or subdivision process. Please call if you have any questions. Thank you, Gary R. Oates, LS-B, PE GreyWolfe, Inc • • �JNSV 8AH/r4noy 0 U. 3 9 'arrouit Post Office Box 1877 Whichester Virginia 22604-8377 April 9, 2016 Gary Oates Greywolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 FREDERICK COUNTY SANITATION AUTHORITY PH (540) 868-1061 Pnx (540) 808-1429 11-11 INJesa-water.co In 1•:ric It. Lawrence Executive Director RE: Snowden Bridge Station Rezoning Application Property Identification Numbers: 343C-3-2, 3, 4, &4A; 43A-150,151A & 151B 13.969 acres Dear Mr. Oates, Thank you for the opportunity to offer review comments on the Snowden Bridge Station rezoning application package, received at the Frederick County Sanitation Authority (FCSA) on March 28, 2016. The FCSA offers comments limited to the anticipated impact/effect upon the Authority's public water and sanitary sewer system and the demands thereon. The project parcels are in the sewer and water service area (SWSA) and are served by FCSA. Based on the project's location, both water and sanitary sewer services are available within a reasonable distance from the site. Water service to the site is available, and capacities appear suitable. Sanitary sewer treatment capacity at the wastewater treatment plant is also presently available. As noted in the Impact Analysis, the applicant has constructed a sanitary gravity sewer, pump station, and force main to serve the sanitary conveyance requirements for the site. Sanitary sewer in the vicinity, predominately the adjacent sewer force main, have limited available capacities. It should be Noted that sanitai-v sewer system capacity is not reserved, and therefore prior to connecting new users to the system, the a12,21icant will need to demonstrate that adequate sewer convevance capacity exists to accommodate the user's demands. Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Please be aware that the FCSA is offering these review comments without benefit of knowledge of the use of the site. Sincerel , iK Eric . awrence, AICP Executive Director 1VATER's WORTH IT 0 • COUNTY of FREDEMCK Roderick B. Williams County Attorney ina 540/722-8383 Fax 540/667-0370 E-mail: nvillia@co.frederick.va.us April 26, 2616 VIA E-MAIL AND RIEGULAR MAIL Mr. Gary Oates GreyVNlolfe, Inc. 1073 Redbud Road Winchester, VA 22603 Re: Rezoning Application 7 Snowden Bridge Station Rezoning Proffer Statement dated March 22, 2016 Dear Gary: . You have submitted to Frederick County for review the above -referenced proffer statement (the "Proffer Statement") for the proposed rezoning of Tax Parcel Numbers 43-A-150, 43-A-151A, 43-A-151B, 43C-3-2, 43C-3-3, 43C-3-4, and 43C-3-4A (the "Property"), 13.969± acres in the Stonewall Magisterial District; from the MI (Light Industrial) District to the B2 (General Business) and B3 (Industrial Transition) Districts, with proffers. I have now reviewed the Proffer Statettieft and it is my opinion that the Proffer Statement would be in a forin to meet the requirements of the Frederick County Zoning Ordinance and the.Code of Virginia, and would be legally sufficient as a proffer staterent, subject to the following comments: Parcels/Proposed Subdivision Plat = The'County has already:assigned Tax Parcel Number 43-A451A to the'50X50 FCSA. lot. Therefore, the three new lots being created by the proposed subdivision plat will need to be assigned numbers that do not include 43-' A-151k This will as well require a change to the parcel numbers that the Application and Proffer Statement identify. Also, on the plat, two different sizes show for proposed . new lot 43-A�151A; 2.686 acres on sheet 3 and 2.629 acres on sheet 4: It appears that the latter number is correct, as thAt is 0.057'acresless than the former`nurnber and the difference corresponds with the size of the FCSA lot. • Title — At some point, the Proffer Statement needs a title identifying it as such. This is helpful for when we present the Proffer Statement for recordation in the land records. • Generalized Development Plan The Proffer Statement indicates that a GDP is attached and includes a document titled `.`Proposed Layout for Commercial Rezoning at Snowden . 107 North Kent Street Winchester, Virginia 22601 Mr. Gary Oates April 26, 2016 Page 2 Bridge Station". The attachment appears to have at least some information that would be typical for a GDP, so perhaps it needs to be designated as such. . Coordination with Proffers frorii Rezoning 03.05 --Staff will want to asce-i-taukhe extent to which performance of proffers'from Rezoning 03�05 has already bccurred or; otherwise, whether any obligations from Rezoning 03'05 are conceptually inconsistent . with the obligations now proposed in the Proffer Statement Orie pai`ticular item to' consider froiaa Rezoning 0105 is its Proffer I (Redbud Road realignment), :'Several:. items from Rezoning '03=05,':including but not necessarily limited to the limiton`overall ' structural square footage in its'Proffet 2 and the delineation of karst features in its Proffex 3, would remain iii force::. . ® " Proffer l Staff vi�ill .waait to ascertain whether the vehicle taps per day that Would..: Otherwise result.from the proposed rezoning would lie less than: the proffered limit that is based on current b.T-ri ht tii` s. If it is less .the Troffer ina have limited utility. 3 g p 1 Y ty ..Proffers fa. and lb - For clai°ity the proffers might Bast state that the owners proffer :. limit entrances on tlie:respectiveroads o one each: m . Proffer i.e. For clarity, the proffer'might best add; with respect to the private road serving as the internal road Systenri for -the development; that'the-:arcels subject to the rezoniiig.will have.access easements to'the private road and that no developrnent'bn the parcels' -Will take puce until such easements are gratited. l have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and thePlarining Comi mission. Sin Y, o eft k B; Williams County Attorney .. cc: Candice E. Perkins; Assistant' Director of Planning-& Developrrierit; Frederick Coitaity (via e'' ..mail)' ': i TRANSMITTAL LETTER GREYWOLFE, INC. ,'► 1073 REDBUD ROAD • WINCHESTER, VA 22603- w (540) 667-2001 • (540) 545-4001 FAX . I� GREYWOLFEINCOa AOL.COM Frederick County Attorney May 15, 2016 107 North Kent Street Winchester, Virginia 22601 RE: Rezoning Comments Mr. Williams, Attached are revised proffers addressing your concerns and below are responses to each of your comments. Thank you for taking the time to review these and I hope this addresses all of your concerns. We are proceeding to a submission on May 20th to start the public hearing process in June. If you have additional concerns, please let me know by June 8. 1. The tax map numbering has been looked into and corrected with the Commissioner of Revenue's office. 2. A title has been added to the proffers as requested. 3. The title of the Generalized Development Plan has been revised to call it as such. 4. Comment for staff. 5. Staff did review the traffic reports and analysis during the pre -application phase and has additionally reviewed them with submission. No concerns have been raised. 6. I tried to clarify these proffers based upon your comments and those from VDOT and the County Transportation Planner. 7. In regards to your comment, since the access would be tied to Redbud's closure, I felt adding language based upon development of the lot would "muddy the waters". I have added that they will be dedicated upon request of the County, that should address your concern and allow the Board to be comfortable with the commitment. Please call if you have any questions. Thank you, Gary R. Oates, LS-B, PE GreyWolfe, Inc 0 • April 5, 2016 Mr. Gary Oates, LS-B, PE GreyWolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 COUNTY of FREDERICK Dcpartment of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 RE: Proposed Rezoning for Snowden Bridge Station Property Identification Number (PIN): 43C-3-2, 3, 4, 4A, 43-A-150, 151A, 151E Dear Gary: I have had the opportunity to review the draft rezoning application for the Snowden Bridge Station properties. This application seeks to rezone seven properties totaling 13.696 acres from the M1 (Light Industrial) District to the B2 (General Business) and B3 (Industrial Transition) Districts with proffers. The review is generally based upon the proffer statement dated March 22, 2016. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Northeast Land Use Plan — Land Use. The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2030 Comprehensive Plan identifies these properties with an industrial land use designation. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the visibility of this site, its location on Martinsburg Pike and the I- 81 interchange and the amount of commercial land in close proximity to this site, the requested commercial may be acceptable. Proffer Statement — Corridor Enhancement. Proffer 2c should be expanded to state "no additional freestanding signage shall be permitted along Martinsburg Pike". 3. Proffer Statement — Corridor Enhancement. Proffer 2b needs to be clarified — should this proffer state that parking shall not be permitted between Martinsburg Pike and any structure constructed on the property. Page 2 Mr. Gary Oates RE: Snowden Bridge Station April S, 2016 4. Proffer Statement — GPD. Ensure all parcels shown on the GPD that are subject to this rezoning are labeled (2, 3, 4, 4A). 5. Plat. Provide a plat of rezoning that includes a metes and bounds description for all seven of the properties for which the rezoning is being requested. Also, please provide deeds and verification of taxes paid. 6. Transportation Comments. Please note that transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 7. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Sanitation Authority, Frederick - Winchester Health Department, the local Fire and Rescue Company, the County Attorney and the Frederick -Winchester Service Authority. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $11,369.60 based upon acreage of 13.696 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd CJ L-A TRANSMITTAL LETTER GREYWOLFE, INC. 1073 REDBUD ROAD • WINCHESTER, VA 22603 (540) 667-2001 • (540) 545-4001 FAX < GREYWOLFEINC@a AOL.COM i Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 RE: Planning Comments Ms. Perkins, May 15, 2016 Attached are revised proffers addressing your concerns and below are responses to each of your comments. Thank you for taking the time to review these and I hope this addresses all of your concerns. We are proceeding to a submission on May 20th to start the public hearing process in June. If you have additional concerns, please let me know by June 8. 1. Thank you for agreeing that while the proposed zoning does not meet the exact land use shown in the 2030 Comprehensive Plan, it does fit in will with the location and surrounding properties of similar zoning. 2. Proffer 2c has been modified per your request. 3. Proffer 2b intends that the parking be further from Route 11 than permitted by ordinance for corridor appearance. If a building such as a hotel were to be constructed, generally there is parking and a drop-off point in front. My client does not want to prohibit parking between the buildings and Route 11, only increase the distance for appearances. 4. The GDP has been modified to show interior lot lines of the parcels and not just the area as a whole. Please call if you have any questions. Thank you, Gary R. Oates, LS-B, PE GreyWolfe, Inc COUNTY of FREDERICK Department of' Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 May 10, 2016 K&.I Investments, L,LC & North Stephenson, Inc. c/o CreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 IZ>;: Frederick County Transportation Comment on Rezoning Request for Snowden Bridge Station Dear Mr. Oates: I am in receipt of your materials for (lie rezoning ol' parcels 43C-(3)-2, 3, 4& 4A; 43-(A)-150, 15 ] A, & 151 B to B2/133 zoning. I would like to offer the following comments and concerns as you proceed with your rezoning request. 1. The Comprehensive Plan calls for Route I I to be a facility with six through lanes in this area. Please consider providing right of way adequate to accommodate this and any needed turn lanes. 2. Please emphasize the conceptual nature of your proposed entrances, as well as clarify the fact that you are limiting yourself to these. In addition, please include the County to your note of VDOT approval. 3. 1 noted VDOT's comment regarding the sidewalk. We would prefer you not proffer this since it is already an ordinance requirement. Our belief is that this creates confusion. 4. I would recommend creating inter -parcel connections to the south in order to avoid additional future entrances on Route 11. Thank you for this opportunity to comment and I look forward to being of assistance as you proceed with your application. Please let me know if any additional feedback or information is needed. Sincerely, John A. Bishop Assistant Director —Transportation JAB/pd cc: Rezoning file, Candice Perkins, Michael T. Ruddy 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 0 0 TRANSMITTAL LETTER GREYWOLFE, INC. 1073 REDBUD ROAD • WINCHESTER, VA 22603 (540) 667-2001 • (540) 545-4001 FAX '1 GREYWOLFEINC@AOL.COM r Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 RE: Transportation Planner Comments Mr. Bishop, May 15, 2016 Attached are revised proffers addressing your concerns and below are responses to each of your comments. Thank you for taking the time to review these and I hope this addresses all of your concerns. We are proceeding to a submission on May 20th to start the public hearing process in June. If you have additional concerns, please let me know by June 8. 1. This area of Route 11 has been upgraded greatly over the last 10 years. We are amenable to your request and proffered an additional 10 feet. Please advise if this is sufficient. Also, when site plans are submitted, the County can always require additional right of way, if needed. 2. The entrances have been labeled "conceptual" and the County has been added as an approving agency. Please note that VDOT requested they be removed from the drawing; however like you, I think it is important to call out their potential locations for consideration of the rezoning by the Board of Supervisors. 3. I will respond to VDOT's comment about the sidewalk, and follow your suggestion about not proffering items already required by the ordinance. 4. I have added language for an inter -parcel connection to the southern lot, Tax map 43C-(3)-5. Please call if you have any questions. Thank you, Gary R. Oates, LS-B, PE GreyWolfe, Inc 0 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning .Staff. o O Fee Amount Paid $ � � 3 (c+ Zoning Amendment Number O LA —I ( Date Received 13 I to PC Hearing Date (0 1 t BOS Hearing Date -;iL I C. 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: K a J investments. LC & North Stephenson. Inc. Telephone: (540) 667-4919 Address: 1800 Martinsburg Pike, Winchester, VA, 22603 2. Property Owner (if different than above): Name: Telephone: Address: 3. Contact person if other than above: Name: Gary R. Oates Telephone: (540) 667-2001 4. Property Information: a. Property Identification Number(s): 43C-(3)-2,3,4,E 4A; 43-(A)-150,151 AA 151 B b. Total acreage to be rezoned: 13.969 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: 13.969 - M-1 e f. Proposed zoning designation(s) and acreage(s) in each designation: 11.340 - B-2 2.629 - B-3 Magisterial District(s): Stonewall 12 • 5. Checklist: Check the following items that have been II1CILICIC(I Nvlth this application. Location mal) Agency Conin1cilts Plat _ _ Pecs Dccd to property _ _ Impact Analysis Statement _ _ Verification of taxes paid _ _ Proffer Statement _ _ Plat depicting exact I11Ccts and bOU1ldS f01' the proposed zoni lg district _ _ Digital copies (pd1's) Of all SUbIllittcd CIOCU111CI1tS, I11aps and exhibits _ _ 6. The Code of Vii-ginia allows us to request full disclosure of ownership in relation to 1'ezolllllg applications. Please list below all owners or parties in intcrest Of the land to be re%oI1Cd: K & J Investments, LC & North Stephenson, Inc. - Keven V. Omps K & J Investments, LC & North Stephenson, Inc. - John E. Omps 7. Adjoining Property: PARCEL Ill NUM13EIZ USE ZONING 43C-(3)-5 Residential M-1 43-(A)-151, 152, 151 C Industrial M-1 43-(A)-148 Vacant RP 43-(A)-149 Residential RP 43-(A)-100K and 100L Restarurants B-2 8. Location: The property is located at (give exact location based On nearest road and distance fi'onl nearest II1tC1'SCCtiO11, Using road names and route IlLullbcrs): Eastern side of Martinsburg Pike (Route 11) and southern side of Snowden Bridge Blvd 13 9. The following information should be provided according to the type of rezoning proposed: Numbcr or Units Proposed Salable Family homes: 0 rownhome: 0 Multi -Family: 0 Non-Resiclential Lots: 0 Mobile Home: 0 Hotel Rooms: 140 Square Footage Or Proposed Uses Office: Service Station: 1 Retail: Manufacturing: Restaurant: 18,000 sf Warehouse: Commercial: Other: 10. Signature: I (we), the undcrsigncd, do hereby respcetfully make application and petition the Frederick County Board orSupervisors to amend the zonings ordinance and to change the zoning map of Frederick County, Virginia. I (tve) authorize Frederick County officials to enter the property ror Site inspection purposes. I (1VC) Understand that the sign ISSLICCI when this application IS SUbmitted I1111St be placed at the firoilt proputy line at least SCVCII days pl'lol' to the I'lannillb COlIIm1SSlOn pllbllc hearing and the Board Of SLII)CI'VISOI'S pllbllc hearing and maintained so as to be visible from the Toad right-of-way Lentil the hcal'illg. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (Our) knowledge. Applicant(s): �,-O Date: Date: S l4k� . L O\Vilcl'(S): '��l Date: SI��I��O Date: 14 i ADJOINING PROPERTY OWNERS Owners ofproperty aCI1011 ing the land will be notified Of the Plalllling Commission and the Board Of SLII)CI'VISOI'S 1lleetlllbS. l�Ol' tllC I)LII'l)OSC O1 tlliS application, a(t,ioillillb pl•opel•t , is all.)' I)I'01)el'ty abutting the requested property 011 the side or 1•eal• or any property directly across a public right-ot=way, a private right-of-way, or a watercourse from the requested property. The applicant IS regUil-CCI t0 obtain the following information Oil each ad, 10111111g 1)1'Opei'ly including the parcel identification IlUIllber 1Vhlch may be obtained rrom the Office Of the Coil" issio11C1' Of RCVCIILIC. The Commissioner of lire Reveinte is located on the 2nd,Jloor of the Frederick Counly Adnlinish•crtrve Bitildhig, 107 North Kent Street. Name and Property Identification Number Address Name K & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property 1143C-(3)-5 NameCheryl DeHaven 1840 Martinsburg Pike Winchester, VA 22603 Property 1143—(A)-149 Name Levine Investments Limited 500 Pegasus Court Winchester, VA 22602 Property I143-(A)-100L NameSChulz Winchester, LLC PO Box 2786 Arlington, VA 22202 Property 1143-(A)-100K Name K & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property 1143-(A)-151, 152, 151 C Name Property N Name Property I1 Name Property 11 Name Property N 15 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) Keven V Omps - North Stephenson, Inc & K&J Investments, LC (Phone) 540-667-4919 (Address) 1800 Martinsburg Pike, Winchester, VA 22603 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. 050009792. 807/151 on Page 704/806.863/1319, and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Gary R. Oates, LS-B, PE and Timothy Stowe, PE, LS (Phone) 540-667-2001 (Address) 1073 Redbud Road, Winchester, VA 22603 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 i is otherwi rescinded or mod'fed. In witness thereof, I (we) have hereto set my (our) hand and seal this 'day of , 207r, 6 Civnntnrek) 1 -t-%-A ® C /Vl- — State of Virginia, City/County of ( To -wit: l S , a Notary Public in and for the jurisdiction aforesaid. Fe ify that the person(s) who signed to the foregoing instrumen personally peared before me and has ac no left the same before me in the jurisdiction aforesaid this day of , 20. My Commission Expires: Notary Public 160003049 Ln EX T 317 SITE ROLUE 37 VICINITY MAP I" = 2000' FINAL SUBDIVISION PLAT OF SNOWDEN BRIDGE STATION TAX PARCEL 43-(A)-151 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARCH 1, 2016 0 WNERS CER 77FICA TE THE ABOVEAND FOREGOING SUBDIVISION SURVEY OF THE LAND OF K & I INVESTMENTS, LC, AS APPEARS ON THEACCOMPANrING PLAT, IS WITH THE CONSENT OFAND INACCORDANCE WITH 7HE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. %.f , &) tvo' SIGNA TUAE - OZfN VOYNE OMPS, MANAGER COAMIONWE& 7N OF k7RGIAT4 CITYICOUNTY OFAA44� To WIT -THE FOREGOING OWNERS CERTIFIC4 TE WAS ACKNOWLEDGED BEFORE ME THIS DA Y OF A6A 02011�' BY: 1 1, 41, IG ATURE NO TAR Y PU&IC t "7: PRINTED NOTARY PUBLIC MYCONK15510NEXPMESAt, 4—,*U—f REG1STR4T7ONNUXffR— SUR VEYORS CER T7FICA TE E I TH LA ME TO I HEREBY CERTIFY THAT THE PARCEL CONTAINED IN THIS SUBDIVISION SURV Y S E ND CON D K&) INVESTMENTS, LC' FROM NORTH STEPHENSON, INC, By DEED DATED MAY 9, 2005, AS INSTRUMENT 0500097Y2 AND DEED DA TED MARCH 29, 2006, AS INSTRUMENT 06OL105964 IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE '11L 10 r).*7 GO Y OA TES, LA ND SUR VEYOR PARENT TRACT APPROVAL 43-(A)-151 32.229 acres FREDERICK COUNTY SUBDIVISION ADMINISTRA TOR DA TE Zoned: M-1 (x 2"J"J* VIRGINIADEPARTMEN FTRANSPORTATION DA TE < pA-TH Op --7 alt FREDERICK COUNTY SANITA 77ON AUTHORITY DA TE 1073 Redbud Road TE Wit0wWer, VA 22603 Lic. o. 1518-B GreyWolfe, Inc. GreyW01fe1fx-@a01-c0m Land Surveying and Consulting S40-667-2001 OFC 540-545-4001 FAX SUR\j DRAWN BY: GRO FILE NO: 0460 1 SHEET 1 OF 4� z 50 X50'FCSA PUMP STATION LOT A #150007958 43-(A)-I51 a K & J INVESTMENTS; LC. #060005964 43 (A) I52 " ZONED: K & J INVEST USE: INDUSTRIAL EY, BLOG MENTS, LC. 32.172 ACRES #050009792 O 43-(A)-147 K&J INVESTMENTS, LC. AERIAL130013563 EASEMEN#1500045S37°49'49"W tj '112"IRF -112 "IRF O 1 400.59'C — — — -----XRAILROAD "IRF 250' 0 250'—-112 GRAPHIC SCALE OVERVIEW -_ FINAL SUBDIVISION PLAT OF �LT" °F�r�cf SNOWDEN BRIDGE STATION TAX PARCEL 43-(A)-151 U GA R�,'OA�D STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Lic o. 1518-B 1073 Redbud Road -fylC �,, GreyWolfe, Inc. Winchester, VA22603 �Q qN0 SURv GreyWolfelnc@aol.com 4�, Land Surveying and Consulting540-667-2001 OFC 540-545-4001 FAX FILE NO: 0460 DATE: 'MARCH 1, 2016 SCALE: 1 " = 250'1 SHEET 2 OF 4 • • 4' RADIUS ARC DELTA BEARING CHORD IDIRKU09N C-1 2331.83' 21.00' 1 00°30'57" 1 N 55°29 58' E 21.00' C-CW C-1 2886.93' 250.87' 1 0405844" S 50012 49' W 250.79' C-CW 1 c-RnNs U f I a I I II �•• � s RO!/T�c1 J kE ti I, � -�'ti 0701872' W-16.73' 150' 0' 150, GRAPHIC SCALE NEW LOT 43-(A)-1518 ZONED: M-1 7.996 ACRES u, K 8 1INVEST- MENTS, LC. ~ DO 807, PG 1551 ZONED: M-I i h USE: RES. I oy N4,'° ` 5036"E� 10ZIg p Iel I � I ml hl n� I I w 1s. a ' S 05028'16" E - 55.51 41 °10'06' W-11.57'� SBA! `S N4100907'E-191.4 �J c i , 15'BRL I I �o I S 48039'54" E - 60.00' N 41 °20'06' E - 21.57' O eih ; N 84°3845" E - 59.09� 41i� �I NEW LOT l 43-(A)-151A '%� �'� M-1 i ZONED: i= 2.686 ACRES I I / i I 19 1 'BRL e O �--- 1°4 659. ~9 31 3 • 2S -' BRL REMAINING PARENT TRACT i 43-(A)-151 K & ) INVESTMENTS, LC , C "' 1060005964 ZONED: M-1 , USE: INDUSTRIAL m 19.937 ACRES AD). 3 W NI 3 i N0' VA POWER CO ESMT NO WID a DO 249, PG 04 2 _ IS'BRL I O- A'49• 193840.E — + 0 CSX RAILROAD — UTH op Fs Lit. No. 1S18-B 3,1-Ic �� iovE_ dd FILE NO: 0460 00^ Vti , 3 ti o I 43-(A)-149 CHERYL L. DeHAVEN S WF 120000118 ZONED: RP USE: RES. h 43-(A)-148 K&) INVESTMENTS, LC 130013563 ZONED: RP USE: VACANT N 81 °56'11' W - 21.90' -"S 41 °20 06' W - 24.58' 1~ N 48°39'54' W - 72.00' 'N 41020`06"E - 24.42' V 1402932' W - 2783' m ++ 43-(A)-147 o K 8 ) INVESTMENTS, LC. ti 130013563 ZONED: M-1 8.973 ACRE — POTOMAC EDISON. CO. POWER LINE EASEMENT VAR. WIDTH & 65' R.O. W. D8 721, PG 249 NEW LOT 43-(A)-151C ZONED: M-1 1.609 ACRES NO. VA POWER CO ESMT - ISO' R. , 0 4V DB 249, PG 175- FINAL SUBDIVISION PLAT OF SNOWDEN BRIDGE STATION TAX PARCEL 43-(A)-151 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA GreyWolfe, Inc. Land Surveying and Consulting DATE. MARCH 1, 2016 SCALE: I" — 150' 1073 Redbud Road Winchester, VA 22603 GreyWolfelncOwl.com 540-667-1001 OFC 540-545-4001 FAX SHEET 3 Of 4 • I • . T FORFS, / 6b 6p° / p r�i BQ�1 6 i v NI �\ I cV .Qi i NEW LOT i 43-(A)-151B i C. ZONED: M-1 7996ACRES ` � l 4160. .9990 i9,F p` M'4RTfiVS US7'OlUgc l�fF v N 43-(A)-150 K & J INVEST- MENTS, LC. m q, DB 807, PG 1551 I c� ZONED: M-1 USE: RES. m 3 I� N47°Sp�6„ J REMAINING PARENT TRACT - ^ r S ° —~ 43-(A)-151 K & J INVESTMENTS, LC. 4060005964 ZONED: M-1 USE: INDUSTRIAL 19.937 ACRES ADJ, 150' 0' 150' GRAPHIC SCALE 41 09 07" W - 291.46' U ! L..LJ c S 05028'16" E - 55.51' S 41 °20'06" W - 21.57' I _J �v km) I i 109, 60' r _ ��` L \ .O FCSA PUMP 7 STATION LOT I #150007958 NEW LOT 43-(A)-151A I ZONED: M-1 2.619 ACRES i B SEE SHEET 3 O 25'BRL - NEW LO ' 43-(A)-15 I ZONED: N j 1.609 ACF �r ml i f I I # RADIUS I ARC I DELTA I BEARING CHORD IDIREMON C-1 375,00' 1 11751' 17057'15" 1 S51051'16"W 1 117.03'1 CW FINAL SUBDIVISION PLAT OF �O�S1,r,P`TH °F VrQC✓ SNOWDEN BRIDGE STATION TAX PARCEL 43-(A)-151 U Ky 0 ES D STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Lic. No. 1518-B 1073 Redbud Road GreyWolfe, Inc. Winchester, VA22603 `9ND Ey�� Land Surveying and Consulting GreyWolfelnc@aoLcom SURv 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0460 DATE: MARCH 1, 2016 SCALE: 1 " = 150' SHEET 4 OF 4 VJ CZ(iTN A: TRZDER[CK COUNTY.SC-1. This instrument ofw-riting was produced to me on at and with certificate acknowtcdgetrient thcrc o annexed Nvas admitted to record. 'fax impaled by Sc� 55.1-W2 of $ NIA alld5S.1-8411fYane"Dztrmpt El AMENDMENT Action: PLANNING COMMISSION: June 15, 2016 - Recommended Approval BOARD OF SUPERVISORS: July 27, 2016 - 91 APPROVED ❑ DENIED AN ORDINANCE AMENDING TIIE ZONING DISTRICT MAP REZONING #04-16 SNOWDEN BRIDGE STATION WHEREAS, Rezoning 904-16 of Snowden Bridge Station, submitted by GrcyWolfe, Inc., to rezone 11.340 acres from the M 1 (Light Industrial) Zoning District to the B2 (General Business) Zoning District, and 2.629 acres from the MI (Light Industrial) Zoning District to the B3 (Industrial Transition) Zoning District with Proffers final revision date of May 17, 2016 was considered. The Properties are located on the southeastern side of Martinsburg Pike (Route 11) and the southern side of SnoNvden Bridge Boulevard. The Properties are further identified by PIN(s) 43C-3-2, 43C-3-3, 43C-3-4, 43C-3-4A, 43-A-150, 43-A- 151A and 43-A-151B in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 15, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 27, 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 11.340 acres from the MI (Light Industrial) Zoning District to the B2 (General Business) Zoning District, and 2.629 acres from the M 1 (Light Industrial) Zoning District to the B3 (Industrial Transition) Zoning District with Proffers final revision (late of May 17, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. C_> PDRes #25-16 -2- This ordinance shall be in effect on the date of adoption. Passed this 27th day of July, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Robert A. Hess Absent Gene B. Fisher Aye Blaine P. Dunn Aye PDRes #25-16 BOS Res. #007-16 • Gary A. Lofton Aye Robert W. Wells Aye Judith McCann -Slaughter Aye A COPY ATTEST Brenda &G.(G"11�t0ir Frederick County Administrator Vll<lilNlA. I;k.I)i= ICK COUN ` to me on This instrument of writing was produced �'-3W ' at and with certificate a : ��°Li' 1poscd by Sec. 58.11802 of Was 0dsnitted to recur P $,ALIA �� and 5S.1-501 have been paid, if assessabIC Clerk 1 • O L� 1.60007416 Proffer Statement for Snowden Bridge Station Rezoning: RZ #'16 Property: Area: 13.969 acres Tax Parcels 43C-(3)-2, 3, 4, & 4A and 43-(A)-150, 151A,,& 151B 1431-N✓a� k1JJ/'t' Record Owners: K & J Investments, LC & North Stephenson, Inc. Project Name: Snowden Bridge Station Original Date of Proffers: Revisions: Magisterial District: March 22, 2016 May 17, 2016 Stonewall Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick Count), Zoning Ordinance with respect to conditional zoning, the undersigned owners hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 4 _-16 for rezoning of 13.969-acres from the M-1 District to Business (B-2) (11.340 acres), and to Industrial Transition (B-3) (2.629 acres), development of the subject properties 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 owners and such are approved by the 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 the owners and their legal successors, heirs, or assigns. The "Properties" are more particularly described as the lands conveyed to North Stephenson, Inc. from Harold F. & Lola C. Johnson by Deed per instrument 890000744, and from Anna H. & Willie McLaurin, Jr., by Deed per instrument 880009530. Also, the lands conveyed to K & J Investments, LC from Douglas K. Ways by Deed per instrument 960006532, from North Stephenson, Inc., by Deed per instrument 050009792, and from the Estate of Nellie Atkerson Horner Omps by Deed per instrument 930010124, as recorded in the Frederick County Circuit Court Clerk's Office. A Generalized Development Plan (GDP) dated May 17, 2016, by GreyWolfe, Inc., is attached to and made part of this proffer document. • CD Proffers: Transportation — Vehicle Trips per Day shall not exceed the current by -right trips of 6,303 WAADT. To be determined at Site Plan submission utilizing the current ITE Trip Generation Manual. a. The owners hereby proffer to construct one "right in only" entrance on Snowden Bridge Blvd as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. b. The owners hereby proffer to construct one "right-in/right-out only" entrance and one "right -in only" entrance onto Martinsburg Pike as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. The owners hereby proffer a private road to be known as Ezra Lane within their property as shown on the GDP. This will serve as the internal road system for the development. Furthermore, neighboring parcels identified as the 43C-(5)-15, 43C-(5)-16, 43C-(5)-17, 43C-(6)-A, and the Electric Substation site currently owned by Rappahannock Electric Coop will be also be granted an access easement over Ezra Lane should Route 661, Redbud Road, be closed. Easements shall be granted when requested by the County Of Frederick. This takes the place of the related proffer Lg in rezoning 403-05 that calls for the road to be dedicated to the County as a public road. d. The parcel to the south, Tax Parcel 43C-(3)-5 shall be granted an inter -parcel connection. Location to be determined at site plan approval. e. Tile owners hereby proffer an additional 10' strip of land along Route 1 1 as shown on the GDP for right of way improvements. 2. Corridor Enhancement along Route 11 — Martinsburg Pike a. The owners hereby proffer to construct split -rail fence with a 36" hedge within the front building setback. b. The owners hereby proffer the parking setback along Route 11 shall be coincidence with the front building setback per the Frederick County Zoning Ordinance. The owner hereby proffers only one freestanding monument style tenant sign along the frontage of Martinsburg Pike. No additional freestanding signage will be allowed along Martinsburg Pike. 2 • 3. Fire & Rescue — Monetary Contributions The owners hereby proffer a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to occupancy permit. The term "building square foot" shall be the combined floor area for each story. • • The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owners and owners. 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 and Ordinance. Respectfully Submitted: rth Stephenson, Inc. Date John E. Omps, President _ 0 State of City/County of To Wit: The foregoing instrument was acknowledged before me this A day of M . 20 )6 ZI Shaw 0 1A Owner ary Public n /9 %aLj' My Commission Expires Registration Number By: LLi K & J Investments, Lt Date Keven V. Omps, Manager State of City/County of To Wit: The foregoing instrument was acknowledged before me this 11 day of .204 OwnerN tary Public 7b 17s 195 My Commission Expires A� 3� 261e Registration Number 4 TEXAS ROADHOUSE CHICK-M-A �S.DONALDS r ---=-\ e 4JC-(3)-aa — - ` AJ \ Notr � Entrances as shown a �� _ con, eptual in nature. Final ` \ _ locations shall be determined RIGHI \ at s to plan. ` - \ 43-(A)-1518 11 340 Acres - B-2 �Qfp TOTAL 43-(A)-152 - — K a) Investments, L.0 0050009792 Zoned: M-i Use: Vacant/Storage 37.92 acres REZONING P03.05 a3(A)-151A 1619 at. B-J • I2 �o 0 z REZONING m i A 001.12 C1 T m a 43-(A)•147 KS) INVESTMENTS, LC i1J0013563 I ZONED.RA 8 M-1 I8 973 ACRE 00 137 14' N 47°11 '55' W N 8'IS' E • 59.09'5 37°46'1a' E • 26.70' 119 62 N 41 °10'06' E . 21.57' °j14D E I \ 5 SOS°18'16'f-55.51' t S a1 °10'06' w - 11.57 S 48°3954' \\\ \ 43-(A)-151A W 577°4559 E 46.87' 0 S 51'31'18' E �. 13.96' 43-(A)-150 g l° �o s ^ E 5 .38241 a °3 50e5819• $� 1518 1 1 u W a 4 RADIUS ARC DELTA BEARING o $; C-1 375.00' 117.51' 17'57'15' CHORD DIREC77ON SSl'S1'16'W 11703CW b x C-7 233183' 3208' 00°4T1T N60'15'00'E 3208' C-Cw e N 29113'14' W - 251.5c ti $ W 43C-(3)-2 N 29°08'46' W - N O. o b $ ^ 0 3 N q e N 19'08'46' W - 151.5.' $ h $ 43C-(3)-4 i 8 a 43C-(3)-4A N 29110'52' W - 446.47' N 19°08'46' W - 251.4' J2' 144.13 p1• W 43-(A)-147 K63 INVESTMENTS, LC 9130013563 ZONED: RA 9 M-1 8.973 ACRE 0 DATE: 5-17-2016 SCALE: 1'•100' DRAWN BY: CBC / JOB N0. t0460460 SHEET 2 OF 2 LJ Rezoning Comments Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, F.xeCLItive Director P.O. Box 43 Winchester, Virginia 22604 (540)722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Winc Service i, Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: K & J Investments, LC & NorthStephenson, Inc. rciepllone: 540-667-2001 Mailing Address c/o GreyWolfe, Inc. 1073 Redbud Road, Winchester, VA 22603 Location of property: Eastern side of Route 11 and south side of Snowden Bridge Blvd Current coning: M-1 "Snowden Bridge Station" Zoning requested: B-2 / B-3 Acreage: 13.969 ac. Fred -Wine Service Authority's Comments: bred-Winc Service Authority's Signature & Date: Notice to Fred-Winc Service Authority - Please Return Form to Applicant 33 Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick Count,. Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester. Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester. Virginia Applicant: Please till out the information as accurately as possible in order to assist the Frederick CuuntN Fire Marshal with his reyie%%. Attach a cope of your application form, location map, proffer statement, impact analysis, and any other pertinent information` Applicant's Name: K 3 J Investments LC 8 North Stephenson Inc I clepllk)tle: 540-667_2001 Mailing Address: c/o GreyWoNe. Inc. 1073 Redbud Road, Winchester, VA 22603 Location of properly: Eastern side of Route 11 and south side of Snowden Bridge Blvd "Snowden Bridge Station" Current zoning: M_1 Fire Marshal's Comments: Zoning requested: B-2 i B-3 - Acreage: 13969ac PLANS APPKU"U FIRE MA,R4rGK CO Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 22 RECEIVED MAR 24 Me Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Entail. fnto(dfcva.us Plan Review & Comments Date Received 3/24/2016 Plan/Permit Type Rezoning Applicaton Name Snowden Bridge Station Address Martinsburg Pk/Snowden Bridge Project Name Applicant Name & Number RE# Permit Number Winchester Rezoning Applicaton GreyWolfe, Inc. 540-667-2001 Emergency Vehicle Access: Adequate Inadequate I! Hydrant Location: Adequate InadequateV/ Siamese Location: Adequate Inadequate �Vl� Fire Lanes Required: Yes No �V/A Plan Approval Status Approve Comments Signature: Reviewed By: Kenneth Scott, Jr. Title: �} G Date Reviewed 3/29/2016 1VI-�*V1110 0 Rezoning Comments Frederick Comity Department of Public WorLs Mail to: Frederick County Dept. of Public Works Attn: Direclor of F,ngincering 107 North Kcnl Street Winchester, Virginia 22601 (5,10) 665-56r13 Hand deliver to: Frederick County Depl. ol'Publie Works Alin: Director o1 Euginccring Cuunly Administration Bid;;., Suite 202 107 North Kcnt Strcet Winchester. Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of , Public Works with their r1eview. Attach a copy of your application form, location malt, proffer statement, impait analysis; anti ily other pertinent information. Applicants Name: K R J InveMmenlr., I C & North Stnphenum, Inc 'I'elepholle: 540-667-2001 Mailing Address do Grey%Nolfe, Inc. "Snowden BridyH Stalion" Location of property: Eastern side of Route 1 i and south side of Snowden Bridge Blvd "Snowden Bridge Station" Current zoning: ttf i1 Zoning requested: B-2 / &3 Acreage: la Q6a ar: De arimc�nl of Public Work's Comments: -- �-421 Lc- �&Ld � k's_ htu ti o C 6 Public Works Signnturc & Date: Notice to Dept. of Public Wo n- 31 -2:5l se Return This Form to the Applicant 2. I i'lAN ? 2Cllo FreU:�n��l: Gt�u.�IY PLIbllc:l� urhs & Ins1; rl:�n 0 0 Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road 491 Winchester, Virginia 22602 (540) 662-2422 W Hand deliver to: Winchester Regional Airport Attn: Executive Director Airport Road (Rt. 645, off of Rt. 522 South) inchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: K & J Investments, LC & North Stephenson, Inc Telephone: 540-667-2001 Mailing Address: % GreyWolfe, Inc 1073 Redbud Road, Winchester, VA 22603 Location of property: Eastern side of Route 11 and south side of Snowden Bridge Blvd "Snowden Bridge Station" Current zoning: M-1 Zoning requested: B-2 i B-3 Acreage: 13.969 ac. Winchester Regional Airport's Comments: Rezoning is compatible with airport operations and should not impact continued operations of the airport. Winchester Regional Airport'sM'm"sneNW o Winchester Regl-al Al,p.,t Autharty, Signature &Date: Serena Manuel —Akpott,—all=okvmsnuel�<�,tM«us 0.nr. 2016,03-25 15:19A8 Notice to Winchester Regional Airport - Please Return Form to Applicant Of, 0 0 Rezoning Comments Frederick County Depar(menl of Public Works Mail to: Frederick ('Minty Dept, of Public Works Attrl: Director of'F112incering 107 North Kent Strut Winchester, Virginia 22601 (5,10) 665-56,13 Hand deliver to: Frecleiick County Dopt. ol'Public Works Attn: Uiructor ol-1_.ngiuceriiig County Administration Bldg., Suite 202 107 North Kcnl Street Winchester. Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their r;cvic%v. Attach a copy of your application forrlt, 11MIlion mat>, prrifl'cr statement, impact analj,sis; and any other pertinent information. Applicant's Name: K R J InveMmenir., 1 C R Nnrth Stephenson. Inr. "I'elephOrlc: 540-667-2001 Mailing Adores5: c/o GreyWolfe, Inc. "Snowden Bridge Station" Location of property: Eastern side of Route 11 and south side of Snowden Bridge Blvd "Snowden Bridge Slation" Current zoning: M 1t Zoning requested: B-2 / B-3 Acreage: M a6a ar: Dc((m���arlrncnl ol'Pnhlie Wor`k_'s Comments: —P-(4jl�. USbi �0 �b Public \Vorks Signntrrre & Date: Notice to Dept. of Public Wor 3/ 15/ I Please Return This Form to the Applicant 1 �iA 'l. � Ztllo Fte:::.,nck i'ublicYJurks & Insj�_rctrcn. Rezoning Conlnlenls Frederick County Department of Public Works Mail to: Frederick Counly Dept. of Public Work., Alta: Director olIT.nt incerinb 107 North Kc:nt Slrccl Winchester, Virginia 22601 (5 0) 665-56,13 Hand deliver to.- Frederick County Depl. of Public Works Atln: 1.)ircctur of lj.n��incerin}� County Administration Bldg, Suite 202 107 North Kent Strcet Winchester. Virginia Applicant: Please fill out the inf01-mation as accurately as possible in order to assist the Department of Public Milt's with Ihcir I.cviexv. Attach a copy of your :1ppliC-Aion form, IOC;IIIlon malt, proffer statement, impact analysis, and any other pertinent information. AppllCallt'S N'anlc: K F .I lrf`mentr.. I C E Nnrth Stephenson, Inc Mailing Addi-e.ss: c/o GreyWolle, Inc. "Snowden Bridge Station" Location of property: Eastern side of Route 11 and south side of Snowden Bridge Blvd "Snowden Bridge Stalion" Current zoning: N 1 Telephone: 540-667-2001 Zoning requested: B-2 / 6 3 Acreage: » a5A ac De arlmcnt ot'Publie Wor{Ws Comments: Public Works Signr,turc k Dnte: Notice to Dept. of Public Wo 3i2:3j1 Please Return This Form to the Applicant �I C E I V E D 21 ti .a tr� 1 2 i IM, 1. 016 i�ubil:: V`doilcs �. In;j�•ctrun, Impact Statement For consideration of Rezoning the lands for the Snowden Bridge Station Stonewall Magisterial District Frederick County, Virginia March 22, 2016 Tax Map Numbers 43-(A)-150, 43-(A)-151 A, 43-(A)-151 B, 43C-(3)-2, 43C-(3)-3, 43C-(3)-4, 43-(3)-4A Total Area: 13.969 acres Owners of Record: K & J Investments, LC and North Stephenson, Inc. 1800 Martinsburg Pike Winchester, VA 22603 (540) 667-4919 ofc Contact: Gary R. Oates, LS-B, PE GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofc (540) 545-4001 fax C� r Introduction Snowden Bridge Station Rezoning The site is located on the east side of Route 11 north (Martinsburg Pike) and on the south side of Snowden Bridge Boulevard and just north of Interstate 81 exit 317 in Frederick County, VA. The site has been used for residential and industrial purposes in the past. The applicants are seeking a change in zoning from M-1 to B-2 & B-3 to allow a more diverse array of business such as gas stations, drug stores, and hotels; which will create a tax base that takes advantage of the interstate traffic at exit 317. This portion of land was rezoned per application #03-05 in 2005. The remaining land will continue to be subject to those proffers while this 13.969 acre will become subject to the new proffers. Existing; Conditions The properties contain two rental houses and a trucking business. The stormwater drains generally to the northeast towards the railroad. In 2006 the applicant installed a full turn lane and stoplights from exit 317 to Snowden Bridge Blvd. Most of the proffered transportation improvements have already been constructed. Furthermore, another rezoning by the applicant in 2012, application #01-12, proffered an additional stoplight and improvements at the intersection of Ezra Lane and Snowden Bridge Blvd where all of the traffic will exit. Comprehensive Planning The site is not intended to be residential, but rather a business tax base per the comprehensive plan. There is public water and sewer available and the applicant has already constructed a regional sewage pump station and dedicated it to the Frederick County Sanitation Authority. The benefit to Frederick County by approving this rezoning will be a positive economic impact and additional services for nearby residents and the traveling public on the interstate highway. Proposed Development The site will be graded, landscaped, and commercial entrances, as delineated on the GDP, installed that will meet current VDOT specifications. There will not be any exits built onto Snowden Bridge Blvd other the Ezra Lane. There are two entrances along Route 11 and one on Snowden Bridge Blvd, as shown on the GDP, to divert traffic into the development quickly and not congest the traffic on the major collectors. The development is envisioned to contain a gas station, restaurants, hotel, and possibly a pharmacy and small market. • • Physical Impacts The site is not located within or near any 100 year flood plains per FEMA Flood Map No. 51069CO209D and 51069CO21 OD. Furthermore, there are not any woodlands or noteworthy landscaping on site to preserve. Surrounding Properties The site is bounded by the proposed Ezra Lane to the east, Snowden Bridge Blvd bounds the north, Route 11 to the west, and land owned by the applicant to the south. Also, further west across Route 11 there is Rutherford Crossing, a large commercial park containing retail shops, restaurants, and services. This proposed development will complement the uses in the area. Traffic Impact and Analysis Report by Stowe Engineering is attached that shows the overall traffic will decrease. This is because restaurants are the only allowed use in the current M-1 zoning and they are highest traffic producers. By allowing other business such as hotels that generate far less traffic, the traffic will either be the same or most likely be less. The right -in entrances on Route 11 will allow interstate traffic access to the site without congesting the intersection with Snowden Bridge Blvd. Finally, the internal road known as Ezra Lane was intended to be Redbud Road "redirected" when the original rezoning was approved. Now, with the Graystone Rezoning, Redbud Road will be diverted further to the east allowing the County to eventually close the at -grade rail crossing. This proposed rezoning will allow Ezra Lane to be a privately maintained internal road that taxpayers will not be responsible for. Also, the proffers clearly identify the remaining parcels left on Redbud Road and will grant them access over Ezra Lane to Snowden Bridge so they do not become "landlocked". Sewer Conveyance and Treatment The applicant has already constructed a sanitary sewer force main, gravity lines with manholes, and a pump station. These have been dedicated to the FCSA. Water Supply The applicant has constructed water mains within their development to serve the businesses. This development is expected to generate 1000 gallons/day/acre for a total of 14,000 gpd. 2 • • Drainage The stormwater runoff drains to the railroad to the east. The applicant will be required to implement BMP's and other devices to meet the Commonwealth of Virginia's requirements as required by DCR. Solid Waste Disposal The Civil Engineering Reference Manual, 4" edition, uses a rate of 5.4 cubic yards per 1,000 square feet of floor area. A 100,000 sf development will yield 540 cubic yards per year. The solid waste will be transferred to the Frederick County Landfill Facility by private licensed commercial carriers. Historical Impact There are no historically significant structures or features present. Educational Impact This development will not create additional students for the schools. Police, Fire, and Rescue Impact The development will increase the burden on fire and rescue. The applicant is offering a proffer of $0.10 per constructed building square foot to the County for fire and rescue services. Parks & Recreation Impact This development is not expected to increase population; therefore, no measurable impacts are predicted. Soils The soil types identified on the General Soil Map of the Soil Survey of Frederick County, Virginia are Carbo-Oaklet silt loam (6C) and an Oaklet silt loam (#32B). These soil types are considered prime farmland. The characteristics of this soil are manageable for development following the Virginia Erosion and Sediment Control practices. Geology This area is also known for karst topography and special attention should be paid for potential sinkholes. Soil borings and review by a geotechnical engineer is advised. STOWE ENGINEERING) PLC January 21, 2016 Mr. Gary Oates, PE, LS GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 RE: Omps property rezoning, Martinsburg Pike, Frederick County, VA Dear Mr. Oates: This firm has been asked to prepare a traffic impact study to support the rezoning of lands owned by K&J Investments along Martinsburg Pike. The rezoning area consists of two parcels whose size, existing zoning and proposed zoning are shown in table 1. Table 1 Rezoning Area, Existing Zoning and Proposed Zoning ProposedParcel Size Existing Zoning 11.356 acres M-1 B-2 2.613 acres M-1 B-3 The larger of these parcels is located at the corner of Martinsburg Pike and Snowden Bridge Boulevard. The smaller parcel encompasses the existing HH Omps warehouse and office building which was recently completed on the same property. Figure 1 shows the location of the parcels to be rezoned. As an initial step in the traffic impact study process the proposed land uses for the site(s) were identified and quantified. For the 11.356-acre tract the planned land uses, land area planned for each and trip generation variable are shown in table 2 and the full Trip Generation Report is attached. Table 2 Proposed Land Uses with Proposed Zoning Use Land Area (acres) ITE Variable Convenience store with carwash 2.2 15 fueling positions and 15 fueling positions High Turnover Restaurants 6.0 18,000 sq. ft. Hotel 3.15 140 rooms In addition to these uses the 2.613-acre tract is being rezoned from M-1 to B-3 to add a small boat repair retail component to the existing 35,000 sq. ft. trucking company warehouse and office space. An increase in traffic for this tract is expected to be minimal due to the low volume of traffic resulting from the boat repair business, which is forecasted by the developer to be less than 10 trips per day. 103 Heat Court, Winchester Virginia 22602 • (540) 686.7373 • fax: (540) 301.1100 email: TimStowe@StoweCompanies.com • 0 Mr. Oates January 21, 2016 Page 2 The Trip Gen 2014 software based on the ITE Trip Generation Manual, 91h edition, was used to forecast the trips that will be generated by the planned land uses. A summary of those trips is shown in table 3 and the full Trip Generation Report is attached to this report. Table 3 Trips Generated by Proposed Land Uses Land Use WAADT AM Peak Hour PM Peak Hour of Adj St of Adj St Warehouse with office 200 46 30 and boat repair shop Hotel 790 69 78 High Turnover 2289 195 177 Restaurants Market with 15 fuel 2293 178 208 positions and carwash Total 5572 488 493 For comparison and to determine if the rezoning is exempt from the VDOT Traffic Impact Study requirements, trips that would be generated if the site were to develop under the existing zoning were also computed. The Trip Gen 2014 software based on the ITE Trip Generation Manual, 9th edition, was also used to forecast these trips. A summary of these by -right trips is shown in table 4 and the full Trip Generation Report is attached. Table 4 Trips Generated from By -Right Land Uses with Existing Zoning The Administrative Guidelines for the VDOT Traffic Impact Analysis Regulations per 24VAC30-155 dated November 2014 and published by the VDOT Land Development Section includes exemptions to the traffic impact study submission requirements for rezonings which appear to be applicable to this rezoning. The particular exemption that is applicable to this project is: "Exemptions to the Rezoning Submittal Requirements - No submission will be required even if the proposal meets one of the above thresholds if the rezoning will generate less daily traffic, and no Mr. Oates January 21, 2016 Page 3 increase in the existing hourly traffic, when compared to the trip generation of land uses allowed by right under the current zoning of the property, except governmental uses." Since the proposed development will generate less daily and hourly traffic when compared to the trip generated by the land uses allowed by right under the current zoning of the parcels, it is my opinion that a traffic impact study is not required under VDOT's Traffic Impact Analysis Regulations. If you have any questions, please do not hesitate to contact me. Sincerely, Timothy S. Stowe, PE, LS President Attachments Alternative: Proposed Zoning B-2 & B-3 Phase: Project: Omps Rezoning ITE Land Use 150 Warehouse with Office 35 Gross Floor Area 1000 SF 310 HOTEL 1 130 Rooms 932 High Turnover Resturant 18 Gross Floor Area 1000 SF 946 Market with 15 fuel pumps and car wash 15 Vehicle Fueling Positions Trip Generation Summary Open Date: 1/20/2016 Analysis Date: 1/20/2016 Weekday Average Daily Trips Weekday AM Peak Hour of Weekday PM Peak Hour of Adjacent Street Traffic Adjacent Street Traffic * Enter Exit Total Enter Exit Total * Enter Exit Total 100 100 200 36 10 46 8 22 30 395 395 790 41 28 69 40 38 78 1145 1144 2289 107 88 195 106 71 177 1147 1146 2293 91 87 178 106 102 208 Unadjusted Volume 2787 2785 5572 275 213 488 260 233 493 Internal Capture Trips 0 0 0 5 5 10 10 10 20 Pass -By Trips 0 0 0 0 0 0 0 0 0 Volume Added to Adjacent Streets 2787 2785 5572 270 208 478 250 223 473 Total Weekday Average Daily Trips Internal Capture = 0 Percent Total Weekday AM Peak Hour of Adjacent Street Traffic Internal Capture = 2 Percent Total Weekday PM Peak Hour of Adjacent Street Traffic Internal Capture = 4 Percent * - Custom rate used for selected time period. Source: Institute of Transportation Engineers, Trip Generation Manual 9th Edition, 2012 TRIP GENERATION 2014, TRAFFICWARE, LLC P. 1 0 0 0 Alternative: Existing Zoning M-1 Phase: Project: Omps Rezoning ITE Land Use 150 Warehouse with office 35 Gross Floor Area 1000 SF 932 High Turnover Resturant 48 Gross Floor Area 1000 SF Unadjusted Volume Internal Capture Trips Pass -By Trips Volume Added to Adjacent Streets Trip Generation Summary Open Date: 1/20/2016 Analysis Date: 1/20/2016 Weekday Average Daily Trips Weekday AM Peak Hour of Weekday PM Peak Hour of Adjacent Street Traffic Adjacent Street Traffic * Enter Exit Total * Enter Exit Total * Enter Exit Total 100 100 200 36 10 46 8 22 30 3052 3051 6103 285 234 519 284 189 473 3152 3151 6303 321 244 565 292 211 503 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3152 3151 6303 321 244 565 292 211 503 Total Weekday Average Daily Trips Internal Capture = 0 Percent Total Weekday AM Peak Hour of Adjacent Street Traffic Internal Capture = 0 Percent Total Weekday PM Peak Hour of Adjacent Street Traffic Internal Capture = 0 Percent * - Custom rate used for selected time period. Source: Institute of Transportation Engineers, Trip Generation Manual 9th Edition, 2012 TRIP GENERATION 2014, TRAFFICWARE, LLC P. 1 I' / rO�,FST11041\O41609BS9"F / S19 / hh 0 MqR ofl'Irf0i ti' O\ 0SN_S609GP 416 0 is 43-(A)-150 1/ K& J INVEST- , !'b i L� J °p i a MENTS, LC. W �� ! , i' ! m DB 807, PG 1551 h .y ! i oh ZONED: h1-i i Ohl i' h� i USE: RES. i 0 i� � o i �' NEWLOT p N97° i 43-(A)-151B 5036" i' ! ZONED: M-1 � - _ 102.28, O f i Z 996 ACRES � N �S6 Is, BR I `�O9gsS m j o v h REMAINING PARENT TRACT 43-(A)-151 K & J INVESTMENTS, LC. #060005964 ZONED: M-1 USE: INDUSTRIAL 19.937 ACRES ADJ. 150' 0' 150' GRAPHIC SCALE S 41 °09'07" k/-191.46' ° c I � S 05 28'16" E - 55.51' S 41 020'06" W - 21.57' 1 i J v -109, 60' p FCSA PUMP' i STATION LOT #150007958 NEW LOT 43-(A)-151A 1 ZONED: M-1 2.629 ACRES 9 SEE SHEET 3 25'BRL NEW LO i 43-(A)-15 I ZONED: A i 1.609 ACA �1 mi 1 ni i # RADIUS I ARC I DELTA BEARING CHORD DIRECTION C-1 375,00' 1 117.51' 17057'15" S 51 °51'16" W 117.03' CW FILE NO: 0460 FINAL SUBDIVISION PLAT OF SNOWDEN BRIDGE STATION TAX PARCEL 43-(A)-151 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA ` 1073 Redbud Road i� GreyWolfe, Inc. Winchester, VA22603 i Land Surveying and Consulting GreyWo/feint@ao%cam 540-667-2001 OFC 1�+ 540-545-4001 FAX DATE: MARCH 1, 2016 SCALE: 1 " = 150' 1 SHEET 4 OF 4 -joe"OX100, # RADIUS ARC DELTA BEARING CHORD DIRECTION C-1 2331.83' 21.00' 00030 57" N 5501958" E 21.00' C-CW C-2 2886.93' 250,87' 04-5844" S 5001249" W 250.79' C-CW 150' 0' 150' GRAPHIC SCALE NEW LOT 43-(A)-151B ZONED: M-1 7.996 ACRES I Mq,Q 43-(A)-150 e N 07018'22" W-16.73' W K & J INVEST- ry i MENTS, LC, ti DB 807, PG 1551 h , o "� ZONED: M-1 USE: RES. I� 4i 43 (A) 149 h CHWF 120000118EN �\ Q N4, os-036 i I e oo ZONED: RP USE. RES. 20zZ8' =I p mi i \ �•,\ S05018'16"E-55.51'� S41020'06"W-21.57''�, BP! ��• 9 N41o0907"E-291.46' --.� r25'SRI S 4803954"E - 60.00' N41020'06"E-21.5T { N 84038'45" E - 59.09k ti �I m� NEWLOT 43-(A)-151A ZONED: M-1 2.686 ACRES !' ---- 15'BRL vv J13.33' -700 -- -- REMAINING PARENT TRACT 43-(A)-I51 Q K & J INVESTMENTS, LC. i m #060005964 I 4j ZONED: M-1 USE: INDUSTRIAL C M 19.937 ACRES ADJ. o 3 NO. V A POWER CO o Z o DS Z 9WpDTH G504 IY4903890"F L 43 A -148 K&J INVESTMENTS, LC 130013563 ZONED: RP USE: VACANT N 82056'12" W - 22.90' S 41020'06" W - 24.58' C-z N 48039 54" W - 72.00' 41020'06" E - 24.42' 14029'31" W - 2783' M 0 ti W 43-(A)-147 N K & J INVESTMENTS, LC. N 130013563 ti ZONED: M-1 `^ 8.973 ACRE -POTOMACEDISON. CO. POWER LINE EASEMENT VAR. WIDTH & 65' R.O. W. DB 721, PG 249 NEW LOT 43-(A)-151 C ZONED: M-1 _ 1.609 ACRES NO. VA POWER CO ESMT- I50'R.0.W CSX RAILROAD DB 249, PG r7s FINAL SUBDIVISION PLAT OF SNOWDEN BRIDGE STATION TAX PARCEL 43-(A)-151 D STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road GreyWolfe, Inc. Winchester, VA22603 Land Surveying and Consulting GreyWo/felnc@ao%com w' I 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0460 1 DATE: MARCH 1, 2016 1 SCALE: 1 " = 150' 1 SHEET 3 OF 4 0 0 V 045BK863PG 13 19 7563-709 /� EBY/Imlb 1 THIS DEED, made and dated this �day of August, 1996, by and between Douglas Kirk WAYS, hereinafter called the Grantor, and K & J rNVESTMENTS, L.C., a Virginia limited liability company, hereinafter called the Grantee. 'A WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash !l n in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the n iGrantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: p All of that certain lot of land situate on the south side of U.S. Highway #1 l in r; K>' � Stonewall Magisterial District, Frederick County, Virginia, designated as Lot 3, by the dedication and plat of Forest Homes Subdivision, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 211, at Page 236, et seq., and being the same realty conveyed to Douglas A. Ways and Harriett S. Ways as tenants by the entirety with right of survivorship as at common law byvileed dated June 17, 1954 from John M. Hcpfer, ct ux, of record in the aforesaid Clerk's Office in Deed Book 233, at Page 405, The said Harriett S. Ways died in June 1993 and her interest in the aforesaid property passed to her husband, Douglas A. Ways, by the aforementioned survivorship provision in the aforesaid deed dated June 17, 1954. The said Douglas A. Ways died testate on Febnua y 28, 1996 and by Article lI of his Will which is of record in the aforesaid Clerk's Office in Will Book 108, at Page 899 he devised all of his estate, real and personal, to his son, Douglas Kirk Ways, the Grantor herein. Reference is here ( made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. 4 4 This conveyance is made subject to all legally enforceable restrictive covenants an easements of record affecting the aforesaid realty. This Instnuntnt uv papered by. Edwin B. Yost v Kuykendill, Johnston, McKce h Butler PLC 112 South C=Kroo Sheet winctesur, ViWnis 22601 * 0 BK863PG1320 The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: �c&u e64- ('- cpJ _ (SEAL) . DOU AS KIRK WAYS t STATE OF VIRGINiA CITY OF WINCHESTER, To -wit: I, /?A D60� , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that DOUGLAS KIRK WAYS, whose name is signed to the foregoing Deed, dated 12!day of August, 1996, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 9=day of August, 1996. ill My commission expires 0 9 Notary Public BGc - eod me the M EpIGK COUNTY to ; I YIFi�1NU! fli�ni �tr-- 10CArdoof Witting war rt xrd Ag ,dsy-Whd9mantm�rrto1402 of ofged by Boo.69and ithCG' I 14 Im oa1id atee0abls. end p8.1-fit have been i� 41 050009792 CD 0 THIS DEED made and dated this 1 day of 2005, by and between NORTH STEPHENSON,_INC., party of the first part, hereinafter called the Grantor; and K&J INVESTMENTS, L.C., party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars (S 10.00), cash in hand paid and other good and valuable consideration, receipt whereof is acknowledged, the Grantor does hereby grant and convey with general warranty and English covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty PARCEL ONE: All that certain tract or parcel of land containing 28.074 Acres, more or less, located about 2 miles Northeast of Winchester and attached to the below -referenced Deed with the Plat; AND BEING the same real estate conveyed to the Grantor herein by Deed dated February 22, 1989, and recorded in Deed Book 708, at Page 288. PARCEL TWO: All of that certain tract or parcel of land containing 37.915 Acres, lying and being situate about 1-1/4 miles northeast of Winchester on the East side of Road No. 661, in Stonewall Magisterial District, Frederick County, Virginia, and more particularly described by plat and survey of Richard U. Goode, C.L.S., dated April 4, 1984, and attached to the below -referenced Deed; AND BEING identified as Parcel Two as conveyed to the Grantor herein by Deed dated July 16, 1986, and recorded in Deed Book 621, at Page 602. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained for a more particular description of the property hereby conveye4. I.AW (*YI E TNOMAS J. CHASL ER 11 EAST OMCAWEN STREET '1N(TIF-MR, VIRGINIA 22101 1310)662•L I v J c V,ATNESS the following signatures and seals: NO TH STEPHENSON, INC. By: (SEAL) John E. Omps, Prisident STATE OF VIRGINIA CITY/G0tRf1uV OF / to -wit: L �/�{�i sa �4 G�a Notary Public in and for the State and jurisdiction aforesaid do hereby certify that NORTH STEPHENSON, INC. by John E. Omps, President, whose name is signed to the foregoing Deed, bearing date of the 1:�Zlay of Ar�j 2005, has personally appeared before me and acknowledged the same. Given under my hand this _ day of 2005. My commission expires SEAL AFFDCED j4otaey Public V1RUINIA: FREDERICK COUNTY. SCL This insmwwnt of writing was produced to me on and with certificate of acknowledgement theret annexed was admitted to record. T imposed by Sec. 58.1-802 of S� and 58.1-801 have been paid, if assesaabte 4e.c �b.i7'a , Clerk m �R 4,362-1� ao/ss 12/12/48 '4 G Mk IL 0 BK70 I Pc009 r� THIS D66D Made and dated this day of ', 1990, by and between Willie McLaurin, Jr. and Anna H. Mc Laurin, his wife, parties of the first part, and NoXth Stephenson,_ Inc., a Virginias corporation, party of the second part. WITNBSSRTHs That for and in consideration of the sun of Ten Dollars ($10.00) and other good and valuable considera- tion, the receipt of all pf which is hereby acknowledged, the (parties of the first part do hereby grant, bargain, sell and convey with general warranty of title, unto the party of the second part, its successors and assigns, the following described 1property and appurtenances thereunto belongings Parcel It All that certain lot or parcel of land, together with all rights, privileges, appurtenances and improvements thereunto belonging, situate on the southeastern side of U. S. Highway No. 11 in Stonewall Magisterial District, Frederick County, Virginia, fronting on the said southeastern side of U. S. Ili 9hway No. it a distance of 110 feet and running back from said highway In a southeasterly direction with an even width for a distance of 250 feet, and being all of Lot No. 5 as shown on the plat of "Forest homes" Subdivision and a 10 foot strip along the northeast boundary of Lot No. 6 as shown on said plat, which plat is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 211 at Page 238, and being tits same property acquired by the parties of the first part by deed from David J. Palmer and Jo M. Palmer, his wife, dated June 28, 1974 and recorded In the aforesaid Clerk's Office in Deed Book 431 at Page 336. Parcel 2t All the parcel of land, together with all rights, privileges, appurtenances and improvements thereunto belonging, situate on the southeastern side of U. S. Highway 140. 11 in Stonewall Magisterial District, Frederick County, Virginia, fronting on the said southeastern side of U. S. Highway No. 11 a distance of 100 feet and running back from said highway in a southeasterly direction with an even i BK70IFGO10 width for a distance of 250 feet, and being all of Lot No, 4 as shown on the plat of •Forest Homes" Subdivision, which plat is of record in the aforesaid Clerk's Office in Deed Book 211 at Page 230, and being the same property acquired by the parties of the first part by deed from Eaton H. Alt and Dorothy M. Alt, his wife, dated June 25, 1979 and recorded in the aforesaid Clerk's Office in Deed Book 510 at Page 1. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. ' This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. The parties of the first part covenant that they have a' right to convey said property to the party of the second part; that they have done no act to encumber said propertyl that they will execute such further assurances of title to said property as may be requisite? that they are seized in fee simple of the property conveyed; and that the party of the second part shall have quiet possession of said property free from all encumbrances. WITNESS the following signature and sealso (8EAL) e McLa , Jr. ". Anna H. McLaur n -2- �;k SK70 1 ?GO I I 8TATS Or VIRGIMI�A� OJ AjPAIC or JhL.AA , , To -wit, The foregoing Instrument was acknowledged before we by Millie McLaurin, Jr. and Anna H. McLaurin, his wife. Given under my hand this /� �4day of �1 % 1988. My Commission expires � l� Q/Q,_� i t r i,. Bilk• ikEDCRICYCOWTY. CCT. 1 lilt msirumerrt of writing wet produced to me on the �_lc'ik��day of 19_ sLu3ci "nd with ct. t •,cote of stkniY*t edgrn*M t �b}os� l d was sdnmtied to record• Tax Wposed 1. 3�,( e4 , and W64 hm bmsn psi! , if stmssbh. CLERK i 0 C 5 ►rsee8w. LAXOM s,saaakx w......w " a" DO04PC906 THIS DEED made and dated this / day of February, 1909, by and between HAROLD r.,joymv and LOLA C. AQUESM, his wife, of the one part, hereinafter called the Grantors, and NORTb STEPHENSQN,-=., a Virginia corporation, of the other par hereinafter called the Grantee. WITNESSETHt That for and in consideration of the sun of Ten ($10.00) Dollars, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty and English covenants of title, unto the Grantee, in fee simple, all of the following described real estate, to -Witt All of that certain lot or parcel of land, together with the improvements thereon, situate on the Southeast side of U. S. Highway No. 11, approximately three(3) miles North of the City of Winchester, Virginia, in Stonewall Magisterial District, Frederick County, Virginia, said lot fronting 100 feet on the Southeast side of said Highway and extends back Southeastwardly between parallel lines with an even width for 250 feet and designated as Lot No. 2 on the plat of Forrest Homes Subdivision which plat and plan is of record in the Clerk's office of the Circuit Court of Frederick County, Virginia, in Deed Book 211, page 238, and being the same property conveyed to the Grantors by deed of Virgil 11. Eskridge and Mornie A. Eskridge, Ills wile, dated August 12, 1970, of record in the aforesaid Clerk's Office in Deed Book 367, Page 431. Reference is made to the aforesaid plat and deed and the references therein contained for a more particular doneription of the realty herein conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way of record. K. 4 4 IJ .wuwem &AM" I • r.�wwa rwww� �e w • OKr04Poo 0r WITNUS the following signaturos and seelas HAROLD-YJORMSON �4�'l! it t.l�lL I (OtiAL) STATIC OF VIRGINIA AT LARGEs COUNTY OF 1PmmRICK3 The foregoing instruswent was acknowledged before me by HAROLD T. JOHNSON and LOLA C. JOHNBON, his Wife, Given under ay hand this day of February, 1989. My cossatission expires July 10, 1992. tk t , 21 1 Ili- I Icu. NUTAV PUBLIC W MANN: FREDERICKCO OM, 3CT- This MINrtumd sA WritW4 INN to sns an tt» SW whS, mmfic»ts of acktvw t thxiata onm"d was achnitted to record. Tax Mnpotled by Grr. b9.54A of SLI and ll 54 habean �pvd . k e:.seawhb. CLERK —f T IT. O 10 N N W N0 .14 tr+ to N 31 InN 41 FI N " roN �o o U o [1 1m 3 JOHN F. ANOBR&ON- ATTORNEY AT I.AW WINCHESTGI, VIRGINIA Bi;BOrIG155 THIS DEED made and dated this 29th day of October, 1993, by and between EVELYN H. STOTLER EXECUTRIX OF THE ESTATE OF NELLIE ATKERSON HORNER OMPS, DECEASED, of the one part, hereinafter called the Grantor, and K & J INVESTMENTS, L. C., a limited liability company organized under the laws of the Commonwealth of Virginia, of the other part, hereinafter called the Grantee. WHEREAS, Nellie Atkerson Horner Omps died on the 7th day of August, 1993, seized and possessed of the hereinafter described property; and, WHEREAS, by her Last Will and Testament dated March 26, 1992, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Will Hook 104, Page 889, after certain specific bequests, devised all the remainder of her estate one-third to her daughter, Emmagene Fay Omps Dorsey, one-third to her son, John Ezra Omps, and one-third to the children of her son, Keven Voyne Omps, namely, Kenneth William Omps, Martha Lou Omps Holliday, Jessie Marie Omps Gulick and Michael Voyne Omps, all being over the age of eighteen years; an WHEREAS, Evelyn ll. Stotler was appointed as Executrix of the estate under said Will with full power and authority to sell any and all of her property, both real and personal; and, WHEREAS, Evelyn H. Stotler qualified as Executrix of the Estate of Nellie Atkerson Horner Omps, deceased on the llth day of August, 1993, before the clerk of the Circuit Court of Frederick County, Virginia; NOW THEREFORE THIS DEED. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other valuable i/ Q2 consideration, receipt whereof is hereby acknowledged, the Grantor does hereby grant and convey with SPECIAL WARRANTY of title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereunto belonging, all of that certain tract or parcel of land, together with the improvements thereon, situated about two miles northeast of Winchester in Stonewall District, Frederick County, Virginia, on the east side of U. S. Route 11, (the Winchester and Martinsburg Turnpike) containing 2.34 Acres, more or less, identified as Frederick County Tax Map 43 A 150, and being all of the remainder of the property conveyed to Herschel H. Omps and Nellie A. Omps, husband and wife, by deed of Tennie L. Omps, et als, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 192, Page 500, to which deed and the references therein, reference is here made for a more particular description of the property herein conveyed. The said Herschel H. Omps died on the 6th day of June, 1971, and by his Last Will and Testament of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Will Book 72, Page 61, devised all of his property to his Wife Nellie A. Omps. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting title to saki property. WITNESS the following sign � ture and seal: OHN F. ANDERSON• d?ti/ w;NVdEStEA. VIRGI IA EVELYN H. ST TLER, EXECUTRIX OF THE ESTATE OF NELLIE ATKERSON HORNER OMPS, Deceased 2 70M F. ANDEMN • , ATTORNEY AT LAW WINCHESTER. VIRGINIA BK801'!61553 STATE OF VIRGINIA AT LARGE: COUNTY OF FREDERICK: I, Fay H. DeHaven, a Notary Public in and for the State of Virginia at Large, County of Frederick, do hereby certify that EVELYN H. STOTLER, EXECUTRIX OF THE ESTATE OF NELLIE ATKERSON HORNER OMPS,DECEASED, whose name is signed to the foregoing Deed, bearing date on the 29th day of October, 1993, has personally appeared before me and acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this 29th day of October, 1993. My commission expires AU '�Lt 30, 19 5. VIRGIMM: FRE.OERICKCOUNTY, SC% IPA- TEiiF i^SI11� li.`Li i;`'UI"1I� ''A'5S pYG�iilf:Ctf !O OTC 08 l�10 (:•-f'A anne,-Od Y:9; 1.:'.::.: '.:: nzsess5L-Ic. 14r�� CLERK , 3 It T A X R E C E I P T - Y E A R 2 0 1 5 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER 2015 REAL ESTATE 32.17 ACRES Land: 0 VA 22604-0225 K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603 4707 Ticket #:00446790001 OQ Date : 11/16/201S Register: WEB/$$ Trans. #: 28648 Dept # RE201502 ACCT# 8008674 Previous 43 A 151 Balance $ Acres: 32.17 Principal Being Paid $ Imp: 1359400 Penalty $ Interest $ Amount Paid $ *Balance Due as of 11/16/2015 $ Pd by K & J INVESTME� LC . 2537.54 2537.54 .00 .00 2537.54 WE FREDERICK COUNTY TREASURER 107 N KENT STREET SUITE 100 For Tax Information & Online Payments WWW.FREDTAX.COM DATES TO REMEMBER Mar 1 Business Equipment/license Must be filed Apr. 1 Business License tax due June 5 First Half Taxes Due Personal property 40 Real Estate Sanitary Districts Street Lights Star Fort Vehicles license tax Dec 5 Second half Taxes Due Personal property Real Estate Sanitary Districts Street Lights Star Fort Vehicle license tax Dog tags renew upon expiration of rabies certificatio. Please renew on-line Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 540.665.5607 borndoff@fcva.us Treasurer's Office Hours Monday — Friday 8:30 am to 5:00 pm It R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 VA 22604-0225 2015 REAL ESTATE .57 ACRE NORTH STEPHENSON INC 1800 MARTINSBURG PIKE WINCHESTER VA 22603 4707 Pd by NORTH STEPHENSJ, INC Ticket #:00285510002 Previous 4A Balance $ .57 Principal Being Paid $ 0 Penalty $ Interest $ Amount Paid $ *Balance Due as of 11/16/2015 $ FREDERICK COUNTY TREASURER 107 N KENT STREET SUITE 100 For Tax Information & Online Payments WWW.FREDTAX.COM DATES TO REMEMBER Mar 1 Business Equipment/license Must be filed Apr. 1 Business License tax due June 5 First Half Taxes Due Personal property is Real Estate Sanitary Districts Street Lights Star Fort Vehicles license tax Dec 5 Second half Taxes Due Personal property Real Estate Sanitary Districts Street Lights Star Fort Vehicle license tax Dog tags renew upon expiration of rabies certificatiois Please renew on-line Mailing Address Frederick County Treasurer P.O. Box 22S Winchester, VA 22604-0225 540.665.5607 borndoff@fcva.us Treasurer's Office Hours Monday — Friday 8:30 am to 5:00 pm it T A X R E C E I P T - Y E A R 2 0 1 5 Ticket #:00285500002 O@ FREDERICK COUNTY Date : 11/16/2015 C. WILLIAM ORNDOFF, JR Register: WEB/$$ P.O. BOX 225 Trans. #: 28644 Dept # RE201502 WINCHESTER VA 22604-0225 ACCT# 8008479 2015 REAL ESTATE Previous LOT 6 10 FT. FOREST HOMES43C 3 4 Balance $ 2.80 .06 ACRE Acres: .06 Principal Being Paid $ 2.80 Land: 1000 Imp: 0 Penalty $ .00 Interest $ .00 NORTH STEPHENSON INC Amount Paid $ 2.80 1800 MARTINSBURG PIKE *Balance Due WINCHESTER VA as of 11/16/2015 $ .00 22603 4707 Pd by NORTH STEPHENSO: INC . FREDERICK COUNTY TREASURER 107 N KENT STREET SUITE 100 For Tax Information & Online Payments WWW.FREDTAX.COM DATES TO REMEMBER Mar 1 Business Equipment/license Must be filed Apr. 1 Business License tax due June 5 First Half Taxes Due Personal property • Real Estate Sanitary Districts Street Lights Star Fort Vehicles license tax Dec 5 Second half Taxes Due Personal property Real Estate Sanitary Districts Street Lights Star Fort Vehicle license tax Dog tags renew upon expiration of rabies certification Please renew on-line Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 540.665.5607 borndoff@fcva.us Treasurer's Office Hours Monday — Friday 8:30 am to 5:00 pm it T A X R E C E I P T - Y E A R 2 0 1 5 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER 2015 REAL ESTATE 2.34 ACRES Land: 204600 VA 22604-0225 K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603 4707 Ticket #:00193740002 @@ Date : 11/16/2015 Register: WEB/$$ Trans. #: 28648 Dept # RE201502 ACCT# 8008672 Previous 43 A 150 Balance $ 868.28 Acres: 2.34 Principal Being Paid $ 868.28 Imp: 105500 Penalty $ .00 Interest $ .00 Amount Paid $ 868.28 *Balance Due as of 11/16/2015 $ .00 Pd by K & J INVESTMENT, LC 0 FREDERICK COUNTY TREASURER 107 N KENT STREET SUITE 100 For Tax Information & Online Payments WWW.FREDTAX.COM DATES TO REMEMBER Mar 1 Business Equipment/license Must be filed Apr. 1 Business License tax due June 5 First Half Taxes Due Personal property i Real Estate Sanitary Districts Street Lights Star Fort Vehicles license tax Dec 5 Second half Taxes Due Personal property Real Estate Sanitary Districts Street Lights Star Fort Vehicle license tax Dog tags renew upon expiration of rabies certificatioe Please renew on-line Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 540.665.5607 borndoff@fcva.us Treasurer's Office Hours Monday — Friday 8:30 am to 5:00 pm 11 T A X R E C E I P T - Y E A R 2 0 1 5 Ticket #:00285490002 @@ FREDERICK COUNTY Date : 11/16/2015 C. WILLIAM ORNDOFF, JR Register: WEB/$$ P.O. BOX 225 Trans. #: 28644 Dept # RE201502 WINCHESTER VA 22604-0225 ACCT# 8008476 2015 REAL ESTATE Previous .57 ACRE 43C 3 2 Balance $ 573.16 Acres: .57 Principal Being Paid $ 573.16 Land: 71500 Imp: 133200 Penalty $ .00 Interest $ .00 NORTH STEPHENSON INC Amount Paid $ 573.16 1800 MARTINSBURG PIKE *Balance Due WINCHESTER VA as of 11/16/2015 $ .00 22603 4707 Pd by NORTH STEPHENSON, INC 0 FREDERICK COUNTY TREASURER 107 N KENT STREET SUITE 100 For Tax Information & Online Payments WWW.FREDTAX.COM DATES TO REMEMBER Mar 1 Business Equipment/license Must be filed Apr. 1 Business License tax due June 5 First Half Taxes Due Personal property Real Estate Sanitary Districts Street Lights Star Fort Vehicles license tax Dec 5 Second half Taxes Due Personal property Real Estate Sanitary Districts Street Lights Star Fort Vehicle license tax Dog tags renew upon expiration of rabies certification Please renew on-line Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 540.665.5607 borndoff@fcva.us Treasurer's Office Hours Monday — Friday 8:30 am to 5:00 pm H T A X R E C E I P T - Y E A R 2 0 1 5 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 Ticket #:00193820002 ©@ Date : 11/16/2015 Register: WEB/$$ Trans. #: 28648 Dept # RE201502 ACCT# 8008477 2015 REAL ESTATE Previous .57 ACRE 43C 3 3 Balance $ 443.52 Acres: .57 Principal Being Paid $ 443.52 Land: 71500 Imp: 86900 Penalty $ .00 Interest $ .00 K & J INVESTMENTS LC Amount Paid $ 443.52 1800 MARTINSBURG PIKE *Balance Due WINCHESTER VA as of 11/16/2015 $ .00 22603 4707 Pd by K & J INVESTMENT, LC is 4D FREDERICK COUNTY TREASURER 107 N KENT STREET SUITE 100 For Tax Information & Online Payments WWW.FREDTAX.COM DATES TO REMEMBER Mar 1 Business Equipment/license Must be filed Apr. 1 Business License tax due June 5 First Half Taxes Due Personal property 46 Real Estate Sanitary Districts Street Lights Star Fort Vehicles license tax Dec 5 Second half Taxes Due Personal property Real Estate Sanitary Districts Street Lights Star Fort Vehicle license tax Dog tags renew upon expiration of rabies certification Please renew on-line Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 540.665.5607 borndoff@fcva.us Treasurer's Office Hours Monday —Friday 8:30 am to 5:00 pm AP TRANSMITTAL LETTER GREYWOLFE, INC. 1073 REDBUD ROAD • WINCHESTER, VA 22603 =`. •,S _.. - (540) 667-2001 • (540) 545-4001 FAX GREYWOLFEINC@AOL.COM Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 RE: Planning Comments Ms. Perkins, May 15, 2016 Attached are revised proffers addressing your concerns and below are responses to each of your comments. Thank you for taking the time to review these and I hope this addresses all of your concerns. We are proceeding to a submission on May 20th to start the public hearing process in June. If you have additional concerns, please let me know by June 8. 1. Thank you for agreeing that while the proposed zoning does not meet the exact land use shown in the 2030 Comprehensive Plan, it does fit in will with the location and surrounding properties of similar zoning. 2. Proffer 2c has been modified per your request. 3. Proffer 2b intends that the parking be further from Route 11 than permitted by ordinance for corridor appearance. If a building such as a hotel were to be constructed, generally there is parking and a drop-off point in front. My client does not want to prohibit parking between the buildings and Route 11, only increase the distance for appearances. 4. The GDP has been modified to show interior lot lines of the parcels and not just the area as a whole. Please call if you have any questions. Thank you, Gary R. Oates, LS-B, PE GreyWolfe, Inc r • MAY 1 6 2016 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCULIENrDOES NOT wEr POUR ,4PPR0 VAL PLEASE PRO VIDE COMMENTS,4S r0 WH,4 r YOU WOULD LIKE TO HA ICE COMPLETED. Initials Date & Time Mark Dave Eric Mike John COMMENTS: Received by Clerical Staff (Date & Time): (S:OITce on BlackboxTormslDocumen( Approval Form — 12/27/13) COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 13, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-16 FOR SNOWDEN BRIDGE STATION On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 27, 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 #04-16 for Snowden Bridge Station submitted by GreyWolfe, Inc., to rezone 11.340 acres from the M 1 (Light Industrial) District to the B2 (General Business) District, and 2.629 acres fi-om the MI (Light Industrial) District to the B3 (Industrial Transition) District with proffers. The properties are located on the southeastern side of Martinsburg Pike (Route 1 1) and southern side of� Snowden Bridge Boulevard in the Stonewall Magisterial District, and are identified by Property Identification Numbers 43C-3-2, 43C-3-3, 43C-3-4, 43C-3-4A, 43- A-150, 43-A-151 A and 43-A-151 B. A copy of tlic application will be available for revicNv at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.us. Sincerely, Can ice E. Perkins,` -WP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on Department of Planning and Development, Frederick Cowity, Virginia: 43 A - 100-K SCHULZ WINCHESTER LLC 43C 3- 2 NORTH STEPHENSON INC PO BOX 2786 1800 MARTINSBURG PIKE ARLINGTON VA 222020786 WINCHESTER VA 226034707 43C 3- 3 43 A- - 100 I K & J INVESTMENTS LC SCHULZ CROSSING LLC 1800 MARTINSBURG PIKE 4130 N 23RD ST WINCHESTER VA 22603-4707 ARLINGTON VA 22207 43C 3 4 NORTH STEPHENSON INC 1800 MARTINSBURG PIKE WINCHESTER VA 22603 4707 43 A- 149 DEHAVEN CHERYL L 1840 MARTINSBURG PIKE 43C 3 8-A WINCHESTER VA 22603 4707 LYONSRONALD STEPHEN TRUSTEE LYONS CAROL RICHARDS TRUSTEE 1550 TIFFANY RANCH RD ARROYO GRANDE CA 93420 4971 43 A 100 L LEVINE INVESTMENTS LIMITED PARTNERSHIP CIO NERANGIS ENTERPR 621 W JUBAL EARLY DR STE D WINCHESTER VA 226016510 Candice E. Perkins, Assistant Director Frederick County Planning Department STATE OF VIRGINIA COUNTI' OF FRE';DERICK J II Cam)) I, �Q vl�fu (/._C�` * , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the D artment of Planning and Development, whose name is signed to the foregoing, dated �l 1 to , has personally appeared before me and acknowledged the same in my Stdte and County aforesaid. Given under my hand this day of My commission expires on d"c" NOTAR PUBLIVMALA DEFTER TARY PUBLIC REGISTRATION r 354474 COMMONWE-ALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 Easy Peel® Labels Use Avery® Template 51610 A Feed Paper Bend along line to expose Pop-up EdgeTM �Q �AVERY051610) j 43C - 3- - 4-A NORTH STEPHENSON ING 1800 MARTINSBURG PIKE WINCHES R VA 22603.4707 43C - 3- - 4-A NORTH ST_PHENSO ANC 1800 MARTINSBURG PIKE WINCHESTER VA \ 22603.4707 43 - A- - 150- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 - A- - 151-A K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22601 43 - A- - 151-A K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22601 43 A- - 151-B K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603 43 - A- - 151-B K & J INVESTMENTS LC",,, 1800 MARTINSBURG PIKE WINCHESTER VA 22603 43C - 3- - 4-A NORTH STEPHENSON INC 1800 MARTINSBURG PIKE WIk HESTER VA 22603.4707 43C - 3-\J-A NORTH STEPHENSON INC 1800 MARTINSBURG PIKE WINCHESTER A 22603.4707 43 - A- - 150- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 - A- - 151-A K & J,INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22601 43 - A- - 151-A K & J INVESTMEN �\LC 1800 MARTINSBURG PIKE WINCHESTER VA 22601 43 - A- - 151-B K & J'INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603 43 - A- - 151-B\ K & J INVESTMENTS LC 1800 MARTINSBURG IKE WINCHESTER VA 22603 ttiquettes faciles A peler ® I Repliez � la hachure afin de www.avery.com Utilisez le gabarit AVERY® 51610 Sens de chargement j r6v6ler le rebord Pop-up'" 1-800-GO-AVERY j Easy Peel® Labels Use Avery® Template 51610 ♦ ® I Bend along line to S AVERY05161® Feed Paper ®j expose Pop-up EdgeTM 43 -A- - 151 - 43 -A- -151- K & J INVESTIMkNTS LC K & J DIVESTMENTS LC 1800 MAA7INSBURG PIKE 1800 MARTINSBO\PIKE WINCHESTER VA4707 WINCHESTTER VA 22603.4707 43 - A- - 151- 43 - A- - 151- K & J INVESTMEN K & J INVESTMENTS LC 1800 MARTINSBU 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4�07 WINCHESTER VA 22603.4707 43 - A- `152- 43 - A- - 152- K & J INVESTMENTS LC K & J I VESTMENTS LC 1800 MARTINSBURG PIKE 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 WINCHESTER VA 22603.4707 43 - A- - 152- 43 - A- - 152- K & J INVESTMENTS LC K & J INVESTMENTS LC 1800 MARTINSBURG PIKE 1800 MARTINSBURG PIKE 22603.4707 WINCHESTER VA 22603.4707 WINCHESTER VA 43 - A- - 151-C \3 -A. - 151-C K & J INVESTMENTS LC K 8,\J INVESTMENTS LC 1800 MARTINSBURG PIKE 1800'MARTINSBURG PIKE WINCHESTER VA 22603-4707 WINCHESTER V 22603.4707 43 - A- - 151-C 43 - A- - 151-C K & J INVESTMENTS LC K & J INVESTMENTS LC 1800 MARTINSBURG PIKE 1800 MARTINSBURG PIKE, WINCHESTER VA 22603.4707 WINCHESTER VA 22603.4707 ttiquettes faciles a peter ♦ { Repliez A la hachure afin de www,averycern Utilisez le gabarit AVERY® 5161® Sens de chargement i r6v6ler le rebord Pop-up Mc 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 51610 Bend along line to expose Pop-up Edge TM �NAVERY@51610) 43 - A- - 147- K & J INVESTMENTS LC 1800 MAR NTI SBURG PIKE WINCHESTERR VA 22603.4707 43 - A- - 147- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 - A- - 147- \K & J INVESTMENTS LC 1800 MARTINSBURG PIKE 43 - A- - 147- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHFSTFR VA �'. 43C - 3- - 5- NORTH STEPHENSON INC 180O,,MARTINSBURG PIKE WINC HSTERVA 22603.4707 43C - 3- 5- NORTH STEPHENSON INC 1800 MARTINSBUR(�PIKE WINCHESTER VA " 22603-4707 ttiquettes faciles a peler Utilisez le gabarit AVERY® 51610 Sens de chargement 43C - 3- - 5- NORTH STEPHENSON INC 180MARTINSBURG PIKE WINCHESTER VA 22603.4707 43C - 3- - 5- NORTH STEPHENSON INC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 Repliez A la hachure afin de www.averycom r6veler le rebord Pop-up" 1-800-GO-AVERY 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 1, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION 04-16 FOR SNOWDEN BRIDGE STATION On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 15, 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 #04-16 for Snowden Bridge Station submitted by GreyWolfe, Inc., to rezone 11.340 acres from the M 1 (Light Industrial) District to the B2 (General Business) District, and 2.629 acres from the M I (Light In(Iustrial) District to the B3 (Industrial Transition) District with proffers. The properties are located on the southeastern side of Martinsburg Pike (Route 1 1) and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District, and are identified by Property Identification Numbers 43C-3-2, 43C-3-3, 43C-3-4, 43C-3-4A, 43- A- 150, 43-A-151 A and 43-A-151 B. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Candice E. Perkins, ICP, CZA Assistant Director CEP/pd 107 North Kent SII'CCt, Suite 202 * Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on L I I) (P fi-om the Department of Planning and Development, Frederick County, Virginia: 43 • A• . 100-K 43C - 3- - 2• SCHULZ WINCHESTER LLC NORTH STEPHENSON INC PO BOX 2786 1800 MARTINSBURG PIKE ARLINGTON VA WINCHESTER VA 22603.4707 22202 0786 43C - 3- - 3- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43C - 3- - 4- NORTH STEPHENSON INC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 - A- - 150- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 - A- - 149- DEHAVEN CHERYLL 1840 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 . A• - 100-L LEVINE INVESTMENTS LIMITED PARTNERSHIP CIO NERANGIS ENTERPR 621 W JUBAL EARLY DR STE D WINCHESTER VA 22601.6510 STATE OF VIRGINIA COUNTY OF FREDERICK 43 . A• . 100.1 SCHULZ CROSSING LLC 4130 N 23RD ST ARLINGTON VA 22207 43 - A- - 100-J RUTHERFORD FARM LLC CIO NV RETAIL MICHELLE WASSERMAN 8230 LEESBURG PIKE STE 620 VIENNA VA 22182.2641 43C - 3- - 8-A LYONS RONALD STEPHEN TRUSTEE LYONS CAROL RICHARDS TRUSTEE 1550 TIFFANY RANCH RD ARROYO GRANDE CA 93420.4971 Candice C. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. C. LJQ r, K 2, a Notary Public in and for the State and County aforesaid, do hereby certify that Candice I7-,. Perkins, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated ll, (� I I �,, , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 1 day of (A Z v 1 �p My commission expires on (� 9—{ Q,,,���-� S 1k Zed 1 N0rnARI _'I10111WEALTH OF VIRGINIA MY COMMISSION EXPIRES 1R �ECFt•rBER 31, 2017 M� �.Y.L YaJSi O! L4:6—A-15U, 15140 15116All110INING PROPERTY OWNERS i L To: Barbara -Data Processing From: Pam -Planning Dept. Please pri t Li sets of labels by 5 1(.0 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 an} 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 NameK & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property �43C-(3)-5 NameCheryl DeHaven 1840 Martinsburg Pike Winchester, VA 22603 o ropert-, ::43-(A)-149 %ainc Levine Investments Limited 500 Pegasus Court Winchester. VA 22602 Property'!43-(A)-100L me Schulz Winchester, LLC Propem d43-(A)-100K PO Box 2786 Arlington. VA 22202 NameK & J Investments, LC Propem „43-(A)-151. 152, 151C 141 1800 Martinsburg Pike Winchester. VA 22603 Name Property # Name Propem :: 3 - 19 0 (� S Name Propertm Name Property # 15 i� A W 7 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 1, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-16 FOR SNOWDEN BRIDGE STATION On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 15, 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 #04-16 for Snowden Bridge Station submitted by GreyWolfe, Inc., to rezone _ p� 11.340 acres from the M1 (Light Industrial) District to the B2 (General Business) Districto, 2.629 acres from the MI (Light Industrial) District�o the B3 (Industrial Transition) District with proffers. The properties are located on the66stem side of Martinsburg Pike (Route 11) and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District, and are identified by Property Identification Numbers 43C-3-2, 43C-3-3, 43C-34, 43C-3-4A, 43-A- 150, 43-A-151 A and 43-A-151 B. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street. Suite 202 • Winchester. Virginia 22601-5000 FREDERICK COUNTY DEVELOPMENT REVIEW FEES Adopted April 23, 2008 — Effective May 1, 2008, Revised 2/24/2010, 4/28/2010, 1/25/2012 COMPREHENSIVE POLICY PLAN $ 3,000 non-refundable REZONING $ 5,000 base + $100/acre — 2 acres or less $ 10,000 base + S 100/acre more than 2, less than 150 $ 10,000 base + $100/acre first 150 + Where over 150 acres SUBDIVISION Non -Residential $1,000 base Design Plan $ 200/lot Plat $ 100/lot Residential (RP, R4, 125) Design Plan $ 2,500/base S 100/1ot Plat $ 200/lot to 50 lots $ 100/lot over 50 lots Riu•al Areas (RA) Sketch (Design) $ 2,500 base $200/acre Plat $ 200/lot Rural Areas (RA) Minor— 3 lots or less $ 200/lot Lot Consolidation $ 200/lot Boundary Line Adj. $ 200/lot VARIANCE $ 400 BZA APPEAL $ 250 ZONING CERTIFICATION LETTER $ 250 ZONING DETERMINATION LETTER $ 100 SUBDIVISION ORDINANCE, EXCEPTION MASTER D EV ELOPM F.NT PLAN $ 3,000 base + $100/acrc for first 150 +$50/acrc over 150 acres CONDITIONAL USE TERM IT Cottage Occupation $ 75 Telecommunication Tower S 7,000 Other S 750 SITE PLAN Non-residential S 2,500 base S 200/acre to 5 acres $ 100/acre over 5 acres Residential S 3,500 base S 300/unit to 20 units S 100/unit over 20 units Minor Site Plan S 500 for revision that increases existing structure area by 20% or less & does not exceed 5,000sf. POSTPONEMENT of any Public Hearing or Public Nleeting by Applicant after Advertisement, to include Applicant requests to 'TABLE an agenda item S 500/occurrence. THIRD & SUBSEQUENT PLAN REVIEWS (including County Attorney review) for a single development application S 500/review. BOND \IANAGEiVIENT Establishment of bond S 500 Reduction/Release S300 Replacement S 500 TDR PROGRAIM TDR Application Review S300 TDR Letter of Intent S 100 'I'DR Certificate S200 Certificate Ownership Transfer S50 Receiving Property Approval S200 Recordation of Sending Property Deed Covenant S I M Recordation of Extinguishment DOCUment S 100 500 CHAPTER 161 FEES Installation License S300 Septic Hauler Permit S200 Residential Punnp and Haul S50 Commercial Punnp and Haul S500