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HomeMy WebLinkAbout06-16 Sempeles Property PIN 34-A-4 Proffer Amendment - Stonewall - BackfileRECEIPT DATE — 3 NO. 984"S2E RECEIVED FROM Trn 50'Id (e"s c-n-0, �,D ADDRESS-a3 I L,�=�1 Y-)F P-D l'_lcn y 1"�)mn iL VR co0y FOR-� ACCOUNT HOW PAID AMT. OF CASH ACCOUNT AMT. d/ CHECK PAID + BALANCE I DUE- ORDER JEt1l�E_ �eS -r 1-01�E r �y �- B G2001 �+F0RM. U 8L818 0 REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List Fee & Sign Deposit Deed Plat/Survey Taxes Paid Statement to U 1�, File opened (4 (� I (n Reference manual updated/number assigned (P I D-base updated r� r) Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping (0 (� ��� �r Application Action Summary updated 1 cJ Planning Commission Meeting ACTION: CQ _ ``-ells Board of Supervisors Meeting ACTION: �! Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's CP lie Reference manual updated D-base updated (o i� Application Action Summary updated :Zltol 1(0 File given to Mapping to update zoning map -i I (9 h (o Zoning map amended < (o Proffers recorded Sys ID 9 0 C� June 23, 2016 Mr. Patrick Sowers Pennom Associates, Inc. 117 L Piccadilly Street, Suite 200 Winchester, Virginia 22601 RL: REZONING 06-16 Scmpcics Property I'INs: 34-A-4 Dear Patrick: COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 This letter serves to confirm action taken by the Frederick County Board ol' Supervisors at their meeting on June 22, 2016. `file above -referenced application was approved to revise proffers associated with Rezoning #02-04. This revision relates to the `bn site development" sections of the proffers for the M I (Light Industrial) District zoned portion of the site. The revised proffer allows the use of tilt -up concrete walls and to remove proffers that have been completed. The site is located adjacent to Martinsburg Pike (Route 11), approximately 250 feel north of the intersection of Woodbine Road (Route 669) and Martinsburg Pike and in the Stonewall Magisterial District. The proffer statement, originally dated April 27, 2004, with final revision date of June 2, 2016, that was approved as a part of this rczolling application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06L, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of tills rezoning application. Sincerely, Candice Perkins, AiCP, CZA Senior Planner CEP/pd Attachment cc: Judith McCann -Slaughter, Supervisor Stonewall District William Cline and Gary Oates, Shawnee District Planning Conlnlissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revcnuc George and Carol Scmpcics, 331 Woodbine Rd, Clearbrook, VA 22624 Rod Williams, County Attorney w/Proffer and Resolution 107 North KCIlt Strcct, Suite 202 • Winchester, Virginia 22601-5000 E • Pam Deeter To: Judy McCann -Slaughter; Gary Oates (Greywolfeinc@aol.com) Subject: Approval letter Sempeles Property Attachments: S KM BT_PLAN 16062408400.pdf Good morning, I have attached a letter from Mrs. Perkins approving the Rezoning revision for Sempeles Properties. If you have any questions, please contact Mrs. Perkins. Pam Deeter Planning and Development 107 N. Kent Street, Suite 202 Winchester, VA 22601 (540) 665-5651 Pam Deeter From: Microsoft Outlook To: Judy McCann -Slaughter Sent: Friday, June 24, 2016 8:57 AM Subject: Delivered: Approval letter Sempeles Property Your message has been delivered to the following recipients: Judy McCann -Slaughter (*slaughter@fcva.us) <mailto:islaughter@fcva.us> Subject: Approval letter Sempeles Property 1 0 Pam Deeter From: Mail Delivery System <MAILER- DAEMON @AOL.com> To: Greywolfeinc@aol.com Sent: Friday, June 24, 2016 8:58 AM Subject: Expanded: Approval letter Sempeles Property Your message has been delivered to the following groups: Greywolfeinc@aol.com Subject: Approval letter Sempeles Property 0 0 REZONING APPLICATION 406-16 SEMPELES PROPERTY Staff Report for the Board of Supervisors Prepared: June 16, 2016 Staff Contact: Candice B. Perkins, AICP, CZA, Assistant Director Reviewed Planning Commission: 06/15/I6 Board of Supervisors: 06/22/16 Action Public Mccting Meld: Rcconln]Cnd Approval Pending PROPOSAL: To revise proffers associated with Rezoning #02-04. This revision relates to the "on site development" sections of the proffers for the M 1 (Light Industrial) District zoned portion of the site. The Applicant is requesting to revise the proffers to allow the use of tilt -up concrete walls and to remove proffers that have been completed. LOCATION: The site is located adjacent to Martinsburg Pike (Route 11), approximately 250 feet north of the intersection of Woodbine Road (Route 669) and Martinsburg Pike. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/22/16 BOARD OF SUPERVISORS MEETING: This request to amend the proffer statement Ior the Sempeles Property (Whitehall Commerce Center) to allow the use of concrete tilt -up walls within the M 1 (Light Industrial) Zoned portion of the property. The site was originally rezoned in 2004 to the M 1 District and the B2 (General Business) District with proffers. Those proffers limited the fa ade materials to concrete masonry (CMU) brick, architectural block, dryvit or Other simulated stucco, real Or SiMUlated wood or glass. The Applicant has also updated the proffer to remove improvements that have been previously completed. It should be noted that this prof fei- amendment only applies to the M I zoned parcel, the parcels that were rezoned to the B2 District will still be covered by the 2004 proffer statement. The industrial zoning for the property continues to be consistent with the land use identified in the 2030 Comprehensive Plan and the Northeast Land Use Plan and the property is within the Sewer and Water Service Area (SWSA). The impacts associated with the change of use are very limited; no additional impacts to Frederick County or the surrounding property owners are anticipated. 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. %lloiying, the public ineeting, a decision regarding, this rezoning application bj) the Board of Supervisors would be appropriate The Applicant should be prepared to adeguatelV address all concerns raised bji the Board of Supervisors. Rezoning 1106-16 Sempeles Property JL111C 16, 2016 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supe/'visors to assist them in making a decision oil this application. It may also be ustful to others intei-ested in this Zoning matter. Unresolved Issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 06/15/16 Public Meeting; Held; Recommend Approval Board of Supervisors: 06/22/16 Pending PROPOSAL: To revise proffers associated with Rezoning #02-04. This revision relates to the "on site development" sections of the proffers for the M 1 (Light Industrial) District zoned portion of the site. The Applicant is requesting to revise the proffers to allow the use of tilt -up concrete walls and to remove proffers that have been completed. LOCATION: The site is located adjacent to Martinsburg Pike (Route 11), approximately 250 feet north of the intersection of Woodbine Road (ROLItc 669) and Martinsburg Pike. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 34-A-4 PROPERTY ZONING: M 1 (Light Industrial)) District PRESENT USE: Vacant ADJOINING IIIZOPEIZTY ZONING & PRESENT USE: North: Berkeley County, WV Use: Vacant/Residential South: RA (Rural Areas) Use: Residential M 1 (Light Industrial) Use: Industrial Last: 132 (General Business) Use: Commercial/Vacant RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential/Agricultural Rezoning # 06-16 Sempeles Property June 16, 2016 Page 3 REVIEW EVALUATIONS: Planning & Zoning: 1) Site Histol-y The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identities the subject parcel as being zoned A-2 (AgrlCUltllral GeIleral). The County's agrlCLlltllral zoning districts were combined to form the RA (RLlral Areas) District Upon adoption of all amendment t0 the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping Of the subject properties and all other A-1 and A-2 zoned land to the RA District. On Apri128, 2004 the Board of Supervisors approved Rezoning H02-04 for the Sempeles Property, which rezoned the property to the M I (Light Industrial) District with proffers. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan Is the guide fol- the flltllre gi-owth of Frederick County. The 2030 Comprehensive Plan Is an official public document that serves as the community's gLlldc for making decisions regarding development, preservation, public facilities and Other key COI11po11C11tS Of C0111111L111ity life. The primary goal of this plan is to protect and improve the living environment within Frederick COLinty. It is in essence a CornpOSitiOn Of policies Used to plan for the future physical development of Frederick County. The Area PlaIls, Appendix I of the 2030 Comprehensive Plan, are the primary impicnicntation tool and will be instrumental to the Future planning efforts of the County. La»d Use. The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan identify this property with all industrial land Use designation. TI1e current M 1 (Light Industrial) Zoning of the subject Property is supported by the Comprehensive Plan. The property is also located within the (Sewer and Water Service Area (SWSA)). 3) Proffer Statement — Dated .Tune 2, 2016: • Street Improvements: Proffers "a" and "C" have been removed as they have been completed. • Landscape Design Features: the bulleted proffer has been deleted as it applies to the B2 zoned properties still covered by the 2004 proffer. • On Site Clevelopnlent: Proffer "a" has been modified to allow "tilt -up concrete walls" to the permitted fayade materials. • Monetary Contribution to Offset Impacts of Development: This proffer has been removed as the monetary proffer has already been paid. 0 0 Rezoning # 06-16 Sempcles Property JUlle 16, 2016 Page 4 PLANNING COMMISSION SUMMARY ANll ACTION FROM THE 06/15/16 MEETING: Staff presented an overview of the Applicant's request to revise the proffers for the M 1 zoned site Previously rezoned in 2004. The Planning Commission briefly discussed the requested addition of tilt - Lip concrete walls and the reasons for the previous architectural proffers. The property owner was pI'esent and available for questions boat the Planning Commission. There were no questions at that time. A motion was made, seconded and unanimously passed to recommend appIoval of RCZ #06-16 for the Sempcles Property. Absent: CommissioneIs DUnlap, Triplett, Kenney EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/22/16 I30AIZD OF SUPERVISORS MEETING: This request to amend the proffer statement for the Sempcles Property (Whitehall Commerce Center) to allow the use Of concrete tilt -Up walls within the M 1 (Light Industrial) Zoned portion Of the property. The site was originally rezoned in 2004 to the M 1 District and the B2 (General Business) District with proffers. "Those proffers limited the fa ade materials to concrete masonry (CMU) brick, architectural block, dryvit or other Simulated stucco, real Or SImUlatcd wood Or glass. The Applicant has also updated the proffer to remove improvements that have been previously completed. It should be noted that this proffer amendment Only applies to the M 1 zoned parcel, the parcels that were rezoned to the B2 District will still be covered by the 2004 proffer statement. The industrial zoning for the property continues to be consistent with the land use identified in the 2030 Comprehensive Plan and the Northeast Land Use Plan and the property is within the Sewer and Water Service Area (SWSA). "The impacts associated with the change of use are very limited; no additional impacts to Frederick County or the surrounding property owners are anticipated. The Planning Commission did not identify any issues or concerns with the request and recoInInended approval of the application at their June 15, 2016 meeting. Folloiving the required public hearing-, a decision ref,,ardink, this rezoning application Gy the Board of Srlpervivoi-s iyollld be appropriate. The Applicant shorlld be prepared to a(lt-,gilately address all concerns raised bj) the Board of Supervisors. i C REZONING APPLICATION #06-16 SEMPELES PROPERTY Staff Report for the Planning C01111111ss1o❑ Prepared: June 6, 2016 Staff Contact: Candice C. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 06/15/16 Pending Board of Supervisors: 06/22/16 Pending PROPOSAL: To revise proffers associated with Rezoning 1102-04. This revision relates to the "on site development" sections ofthc proffers for the M I (Light Industrial) District zoned portion ofttle site. The Applicant is requesting to revise the Proffers to allow the use Of tilt -LIP concrete walls and to remove proffers that have been completed. LOCATION: The site is located adjacent to Martinsburg Pile (Route 11), approximately 250 feet north of the intersection of Woodbine Road (Route 669) and Martinsburg Pike. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/15/16 PLANNING COMMISSION MEETING: This request to amend the proffer statement for the Sempeles Property (Whitehall Commerce Center) to allow the use Of concrete tilt -up walls within the MI (Light Industrial) Zoned portion of the property. The site was originally rezoned in 2004 to the M I District and the B2 (General Business) District with proffers. Those proffers limited the fagade materials to concrete masonry (CMU) brick, archltCCtUral block, dryvlt OI' Offiff SIIl1lllated stucco, real or Simulated wood or glass. The Applicant has also Updated the proffer to remove improvements that have been Previously completed. It Should be noted that this proffer amendment Only applies to the M I zoned parcel, the parcels that were rezoned to the B2 District will still be covered by the 2004 proffer statement. The industrial Zoning for the Property continues to be consistent with the land use identified in the 2030 Comprehensive Plan and the Northeast Land use Pfall alld the property Is within the Sewer and Water Service Area (SWSA). The impacts associated with the change Of use are very limited; no additional impacts to Frederick County Or the surrounding property owners are anticipated. A recommendation regarding thiy rezoNJNQ application to the Board of Supervisors ;vould be appropriate The Applicant Should be prepared to adequately address all coileerus raised by the Planning Commission. • Rezoning # 06-16 June 6, 2016 Page 2 This report is prepared by the Frederick County Planninb Stuff to provide information to the Pllnlnin Commission and the Board q Supervisors to assist them ill milking a decision on this application. It may also be useful to others interested in this Zoning platter. Unresolved issues concerning this application are !toted by staff Where relevant throughout this staff report. Reviewed Action Planning Commission: 06/15/16 Pending Board of Supervisors: 06/22/16 Pending PROPOSAL: To revise proffel's associated with Rezoning #02-04. This revision relates to the "on site development" sections ofthc proffers for the Ivl I (Light Industrial) District zoned portion ofthe site. The Applicant is requesting to revise the proffers to allow the use oftilt-up concrete walls and to remove proffers that have been completed. LOCATION: The site is located adjacent to Martinsburg Pike (Route 11), approximately 250 feet north of the intersection of Woodbine Road (IZoutc 669) and Martinsburg Pile. MAGISTERIAL DISTRICT: Stonewall PROPERTY II) NUMBERS: 34-A-4 PROPERTY ZONING: M I (Light I11CILIStHal)) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Berkeley County, WV Use: Vacant/Residential South: RA (Rural Areas) Use: Residential M I (Light Industrial) Use: Industrial Cast: 132 (General BLISIIICSS) USE: Comincreial/Vacant RA (Rural Arcas) Use: Residential West: RA (Rural Areas) Use: Residential/Agricultural E Rezoning 8 06-16 June 6, 2016 Page 3 REVIEW EVALUATIONS: Planning & Zoning: I) Site History The original 1'1'CCICI'iCIC County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject parcel as being zoned A-2 (Agricultural 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. Tile corresponding revision Of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. On April 28, 2004 the Board Of Supervisors approved Rezoning 902-04 for the Senlpeles Property, which rezoned the property to the M I (Light Industrial) District with proffers. 2) Conlprellensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is all Official I)llbllc docunicnt that serves as the C01111111Illity's guide for malting decisions regarding development, preservation, public facilities and other key CO1111)O1lelltS Of C011111111111ty life. The primary goal Of this plan is to protect and improve the living environment within I'1'CCICI'ICIC C011llty. It Is Ill essence a COIl1pOSIt1011 Of I)OIICIeS Used t0 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 inst'umental to the flltlll'C planning efforts of the County. Land U.ve. The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan identifythis property with an illClust•ial land use designation. The current M I (Light Industrial) Zoning of tile subject property is supported by the Comprehensive Plan. "file property is also located within the (Sewer and Water Service Area (SWSA)). 3) Proffer Statement — Dated June 2, 2016: • Street Improvements: Proffers "a" and "C" have been removed as tile), have been completed. • Landscape Design F,eatrrr-es: the bIIIIetCCI proffer has been deleted as it applies to the B2 zoned properties still covered by the 2004 proffer. • On Site development: Proffer "a" has been modified to allow "till -up concrete walls" to the permitted fa�ade materials. • M011eta/ f, Contribution to Offvet Impacts of Development: This proffer has been removed as the monetary proffer has already been paid. E • Rezoning # 06-16 June 6, 2016 Page 4 EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/15/16 PLANNING COMMISSION MEETING: This request to amend the proffer statement for the Sempeles Property (Whitehall Commerce Center) to allow the use of concrete tilt -up walls within the M 1 (Light Industrial) Zoned portion of the property. The site was originally rezoned in 2004 to the M I District and the B2 (General Business) District with proffers. Those proffers limited the fh4acle materials to concrete masonry (CMU) brick, architectural block, dryvit or other simulated stucco, real or simUlated wood or glass. The Applicant has also Updated the proffer to remove improvements that have been previously completed. It should be noted that this proffer amendment only applies to the M 1 zoned parcel, the parcels that were rezoned to the B2 District will still be covered by the 2004 proffer statement. The industrial zoning for the property continues to be consistent with the land Use identified in the 2030 Comprehensive Plan and the Northeast Land Use Plan and the property is within the Sewer and Water Service Area (SWSA). The impacts associated with the change of use are very limited; no additional impacts to Frederick County or the surrounding property owners are anticipated. A recommendation regarding this rezoning application t0 the Board of Supervisors ;vO111d be appropriate Tlie Applicant should be prepared to adegnateh, a(l(h•ess all concerns raised by the Planning Commission. °° o )/ r7 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) 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) 476 WOODIINE RD BERKELEY COUNTY WEST VIRGINIA a ..r Jk Y� w / Ld. 4Arl;.l:l:u.L�y .J I' 1. 1\ BERKELEY COUNTY �\ WFST VIRGINIA Note: REZ # 06 - 16 Frederick County Dept of Property Planning Development 107 N Kent St PIN: Suite 202 34 - A - 4 Winchester. VA 22601 Proffer Amendment 540 - 665 - 5651 mop Created: June 6. 2016 Staff: cperkins 0 295 590 II— 4 1.190 Feet II REZ # 06 - 16 Sempeles Property J. MA 1111 URG PIN: 4a22 :.::�rl r MARTINSBURG 34 - A - 4 44810 PIKE MA RTINSBIV Proffer Amendment 'PIKof f�� _ •d " — 1�1MaRi1N5lIlRG ; i IIKE 784 i.IIK� GE MARTINSBURG •,�� 4 n , 4740 ,4r ! IIKE 4ARTINSRURGi . Jij •j r • ' 1 IIKE �_ • y.. t r r F �4 1663 MARTINSBURGAid x i 4692 ♦� , j MARTINSRURRG ©�J Y ► ' I PIKEC� 4622 MARTINSBURG PIKES y, 1R•tjst+ a .. `�! h w �l <610 } y ypi J4 A 1 r s 4600 ;MA RTINSBUR1 1 MARTINSBURG I PIKE t _ F 4 PIKE 4592 i > 4586AR�TINSB�R E ��: _ r' 4 WOODSIDE 01 _ MARTINSBURG PIK�157Iry j MA RTINSBURG A�"�# • • a568�IN WOODBINERO C- '• ' MARTINSBURG 'INSBURG %PIKE ; ... IQ URG 4552. NSBURG MARIINSBURG { MIKE _.. MARTINSBURG 140 • 'PIKE WOODBINE.�MttRD'k 174 r �IMII "� _ I T K 1'54 WOODBINE RD MARTINSUR"I46 WOODBINE RDA 1184 20• ,C '� MARTINS URG WOODBINE RD; 160 WOODBINE RD WOODBINE RD PIKE r'WOODBINERD� 200 ISBURG� 4496 " ' ' 166 WOODBINE RD MARTINSBURG. WOODBINE '• + - • a�7t PIKE H R PIKE PIK/ 162 EZ dd70 , KETINSBURGrj�MAREBURG: PK�t.. .�" .� a•.,` 276 ���/� • s F , i1� }�% WOODBINE RD io WHITEHALLJ BUSINESS PARK Subdivision 2 T I A pp I,r ationS Parcels Sewer and Water Service Area 1�? Building Footprints Long Range Land Use Residential Neighborhood Village - Urban Center Mobile Home Community Q Business CD Highway Commercial C> Mixed -Use T r ra Mixed Use Commercial/Office Mixed Use Industrial/Office • Industrial ® Warehouse /1L Heavy Industrial QExtractive Mining Commercial Rec Z �m� Rural Community Center ® Fire & Rescue I Historic ® Institutional • Planned Unit Development f&o Park �7 Recreation School Employment Airport Support Area O B2/B3 OResidential 4 u/a CD High -Density Residential 6 u/a OHigh -Density Residential. 12-16 u/a 0 Rural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation ® Environmental & Recreational Resources O° W"NEI R BERKELEY COUNTY WEST VIRGINIA Op 01314, BERKELEY COUNTY WEST VIRGINIA r Note: REZ # 06 - 16 Frederick County Dept of Property Planning Development 107 N Kent St PIN: Suite 202 34 - A - 4 Winchester. VA 22601 Proffer Amendment 540 - 665 - 5651 Map Created: June 6, 2016 Staff: cperkins 0 375 750 1,500 Feet f 0 • REZONING APPLICATION FORM F'REDERICK COUNTY, YIRGINIA To he completer! by Planning Stu%/: Zoning Amendment Number 06 - 16, PC Hearing Date (o.115 I o - Fee Amount Paid $ 1,000 . �� Date Received (3 �n BOS Hearing Date, ......................................... ........,,, The following in%rmation shall he 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: Pennoni Associates c/o Patrick Sowers Telephone: 540-667-2139 Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 2. Property Owner (if different than above): Name: George Sempeles & Carol Sempeles Telephone: 540-539-8198 Address: 331 Woodbine Road Clearbrook, VA 22624 3. Contact person if other than above: Name: Telephone: 4. Property Information: a. Property Identification Nurnber(s): 34-A-4 b. Total acreage to be rezoned: 100.48 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: M1 - 100.48 Ac Existing e. Proposed zoning designation(s) and acreage(s) in each designation: M1 -100.48 Ac Proposed f. Magisterial District(s): Stonewall 12 S. Checklist: Check the following items that have been included with this application_ . Location map I Agency Comments _ Plat ✓ Fees ✓' Deed to property _ ✓ ;_ Impact Analysis Statement _! ✓ �_ Verification of taxes paid ✓ _ Proffer Statement ✓ Plat depicting exact meets and bounds for the proposed zoning district ✓ Digital copies (pdf's) of all submitted documents, maps and exhibits _! ✓ _ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 7. Adjoining Property: PARCEL ID NUMBER USE ZONING North Agriculture West Virginia South Residential/Industrial RA & M1 East Agriculture RA West Residential/Commercial RA & B2 8. Location: The property is located at (give exact loca tion based on nearest road and distance from nearest intersection, using road names and route numbers): North of Woodbine Road (Route 669) approximately 250 east of the Intersection of Woodbine Road and Martinsburg Pike (Route 11). 13 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: Non -Residential Lots: Office: Retail: Restaurant: Commercial: 10. Signature: Number of Units Proposed Townhome: Mobile Home: Multi -Family: Hotel Rooms: Square Footage of Proposed Uses Service Station: Other: Manufacturing: Warehouse: 1,500.000 SF (approx) I (we), the undersigned, do hereby respectfully nuke application and petition the Frederick County Board of Supervisors to arrund the zoning ordinance and to change the zoning nap of Frederick County, Virginia. I (we) author ize 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 daysprior to the Planning Commission public hearing and the Board of Supervisors public hearing and raintained so as to be visible fron-the road right-of-way until the hearing. I (we) hereby certify that this application and its accom panying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: 3 16 Date: Owner(s): Date: Date: E, Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Thosc Present: That i (We) (Name) George M. Scmpcles & Carol']'. Scmpcics (Phone) 540-539-8198 (Address) 331 Woodbine Road Clcarbrook VA 22624 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 Deed Book 746 Page 212 and is described as Tax Map Parcel 34-A-4 Subdivision: do hereby make, constitute and appoint: (Name) Pennoni Associates (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 To act as 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 X Rezoning (including proffers) _ Conditional Use Permits Master Development Plan (Preliminary and Final) _ Subdivision _ Site Plan Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. J in witness thereof, I (we) have 1^o seamy (our) hand and seal this_ day of 5 u�� , 20 16 Signaturc(s) State of Virginia, City/County of_rim)0-7 I a To-wi i, 6 RIJ14 L. FLYN a Notary Public in and for the jurisdiction F(yN�.,� aforesaid, certify that the erson(s) who signed to the foregoing instrument personally appeared before me ��ENIL �� •,.••""' •., y �, and has acknowledged the same before me in the jurisdiction aforesaid this 3 1-4: day of Jam, 20 1h. REG- My Commission) xpires: /- J�� UI 2 7580493 - COMMISSION e - _�/�( -1� Notaly Public (f ` tAVLKtS ;;�•• 5/31/2018 •��;' �•,��Fq i 1H10``��. CD41G� CpN ' RESOLUTION __j y}GIA7 -- 17J4 Action: PLANNING COMMISSION: Jln]e 15, 2016 - Recommended Approval BOARD OF SUPERVISORS: June 22, 2016 APPROVED ❑ DENIED AN ORDINANCE AMENDING TIIIJ ZONING DISTRICT MAP REZONING #06-16 SEMPELES PROPERTY WHEREAS, Rezoning #06 16 Sempeles Property, submitted by Pennons Associates, to revise e the proffers associated with Rezoning 1/02-04 relating to the "On -Site Development" section of the proffers was considered. The proffer revision, originally proffer statement dated April 27, 2004, with a final revision dated June 2, 2016, applies only to PIN 34-A-4. The request is to amend the proffer statement for the Sempeles Property (Whitehall Commerce Center) to allow the use of concrete tilt -up walls within the M I (Light Industrial) zoned portion of the property. The Applicant has also updated the proffer to remove improvements that have been previously completed. WHEREAS, the Planning Commission held a public meeting on this rezoning on June 15, 2015, and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on June 22, 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 RESOLVED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers associated with Rezoning 1102-04 relating to the "On -Site Development" section of the proffers. This minor proffer revision, original proffer statement dated April 27, 2004, with a final revision dated June 22, 2016, allows the use of concrete tilt -up walls within the M 1 (Light Industrial) zoned portion of the property and removes the proffers that have been previously completed. PDRes.1118-16 i 0 r� u -2- This ordinance shall be in effect on the date of adoption. Passed this 22nd day of June, 2016 by the following recorded vote: Charles S. DeIlaven, Jr., Chairman Ave Robert A. Hess Aye Gene L. Fisher Absent Blaine P. Dunn Avg PDRes.1/ 18-16 Gary A. Lofton Absent Robert W. Wells Aye Judith McCann -Slaughter Aye A COPY ATTEST Brenda G. Garton Frederick County Administrator VIRGIMA: FR, DFRICK COUNI`Y.SC-1. Skis instrument of writing was produced to me on at and with cortificate acknowledgement thereto annexed wn admitted k> rmord. Tax imposed by Sec. 58.1-802 of $ , anti 58.1-801 have been paid, if assessable. 4404/' , Clerk 160006102 PROFFER AMENDMENT- FINAL PROFFER CD Property Identification Number 34-A-4 ry Stonewall Magisterial District r" Frederick County, Virginia Sempeles Property Preliminary Matters Pursuant to Section 15.1 - 491.1 et. sc ., 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 (the "Board"), shall approve Rezoning Application # Oln— to amend the proffers associated with Rezoning Application #02-04 as approved by the Board on April 27, 2004 for 100.48 acres of Light Industrial (M-1) identified by Frederick County as tax map parcel 34-A-4 (the "Property"), 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 Virginia law. These proffers shall supersede any/all proffers previously approved for the Property. Should this petition for a proffer amendment not be approved by the Board of Supervisors then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan (GDP), dated March 8, 2004, which is attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct all industrial access road including entrance improvements on U.S. Route I 1 consistent with the County's adopted North East Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. The road improvements shall include the following: a. Proffer completed and/or related to other property. b. The applicant shall construct an industrial access road to VDOT standards with centerline intersection equal to the centerline intersection of Rest Church Road and U.S. Route 11. The industrial access shall connect with Woodbine Road. (See 2 on the GDP). The configuration and location of this collector road addition to the road system shall be adjusted to conform with actual proposed use of the site subject to Frederick Pagel of 4 Revision 6/2/16 r.> County and VDOT approval at the site plan stage of development. The right of way —� width for this road shall be 80'. C. Proffer completed and/or related to other property. d. The applicant shall enter into a signalization agreement involving partial cost sharing for the Woodbine Road/Route 11 intersection. Establishment of the signalization agreement will correspond with development of the industrial (MI) portion of the site, and will therefore occur prior to approval of the first site plan for MI development. The timing for ultimate signalization of the intersection will be determined by VDOT. C. The applicant agrees to provide a TIA for each industrial (M-1) use at the time of site plan. Additional street improvements suggested by the TIA will be negotiated with VDOT as a part of the land use permit. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design features provided in these proffers and as illustrated on the Generalized Development Plan dated March 8, 2004 which is attached hereto and incorporated herein by reference: • Proffer completed and/or related to other property. On Site Development The applicant expects the industrial zoned portion of the site to develop with a minimum of I and maximum of 8 end users depending on marketing conditions at the time of sale. Covenants and restrictions of record shall control the standards of construction to include: a. Facade materials of buildings facing street to be tilt -up concrete walls, concrete masonry (CMU) brick, architectural block, dry vit or other simulated stucco, real or simulated wood or glass. b. All buildings within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. c. All buildings within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other- development elements work together functionally and aesthetically. Additional Site Proffers In addition to the proffers above, the applicant shall implement the following design standards in construction on this site. Page 2 of 4 Revision 6/2/16 G� a. All utilities to be underground. N `.r b. 2" caliper street trees on 50' centers along both sides of industrial access road. c. Stormwater management pond facilities shall be lined with impervious liner materials to preclude groundwater impacts. d. All commercial and industrial structures shall have a geotechnical analysis and study prepared prior to site plan approval. e. Any use involving the retail or wholesale sale of diesel fuel for over the road truck carriers shall not be conducted or performed on the Property. Monetary Contribution to Offset Impact of Development Proffer completed and/or related to other property. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Pagc 3 of 4 Revision 6/2/16 N Respectfully sUbmitt6d, L; ; PROPERTY OWNER By: By: G rge M. Sempeles Carol T. Sempeles Date: 6 —3-/6 Date: � - 3 _� Co STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 3 rcc day of J bl Jc , 2016, by & EbIZ6C4 C 0RUB S ENP ELE S My commiss on expire .5 1.31 Id, U 8 Notary Public L „1111t 'EN ... L F( �` � •SPRY P..�''• REG k 2 7580493 ' o COMMISSION EXPIRES 4.� 5/31/2018 ,\QC�i`;� Page 4 of 4 Revision 6/2/16 0 11 ,� �I" y / 0y r ,r J .cml p 3 (0�•4L a 0c '1 .2�—e PROPOSED ZON/NC AREA B-2 Zoning Commercial. Sites) 9.9997 Ac B-2 Zoning R/W Dedication) 0.3495 Ac M-1 Zoning 101.9189 Ac TOTAL AREA 112.2682 Ac I / r r I 'EoRC.,. M J.SEUAZ�Es I I I CARnLN z( \ 1 1( t Da. 6¢9 PC. J,S _ -A20JJ .4 ,yCR't��PRO M�1 T�fAZ PRO OSp ) / i I z ofE°Ri D.51.Y0 ACRE W WEST• wialum —r--Ma£ At, /SCUP£ I 1 b 1, / Zoned M 5.t713i�,A„1�'£S PRQa ,SED M-J \ ' ../ 1" , \1 _jj -WCaE SUBJ JUSTM£ T r0 .USER RHZ` £/� `� q� ` R �E 669 _-- . Manuel DaHamn zoned M-1 Outer Manufacturing Zoned M-1 / SEMPEL -S PROPERTY o` GENERAL/ZED DEVELOPMENT PLAN O FR£DERICA' COMM Y/RG/NA gilbert w. Clifford . & associates, inc. En*xwo Land P wwwo Water OumMy 117 E Pi &a St Winchester, Virginia 22601 (540) 667-2139 FIB(: (540) 665-0493 0MU gwcoramQearth5nkcom Pcge 5 of 5 c 01 * 0 Pennoni --` PENNONI ASSOCIATES INC CONSULTING ENGINEERS June 3, 2016 Mr. John Bishop, AICP Deputy Director, Transportation Frederick County Planning and Development 107 N Kent Street, Suite 202 Winchester, VA 22601 JUN 3 2016 RE: Sempeles Property (Whitehall Commerce Center) — Minor Proffer Revision Dear Mr. Bishop, Please find attached the application materials for a minor proffer revision for the Sempeles Property (also known as Whitehall Commerce Center) located in the northeast quadrant of the intersection of Woodbine Road and Martinsburg Pike. The proposed proffer revision is specific to the M-1 zoned portions of the site, totaling 100.48 acres and identified by Frederick County (the 'County") as tax map parcel 34-A-4 (the "Property'). Background On April 27, 2004. the Frederick County Board of Supervisors approved rezoning application RZ 02-04 resulting in 10.35 acres of B-2 zoning along Route 11 at its intersection with Rest Church Road as well as 101.92 acres of M-1 zoning immediately east and adjacent to the commercial zoning area with access provided via frontage on Woodbine Road and the extension of a new roadway, Business Boulevard from Route 11 at the Rest Church Road intersection. The approved proffer statement and GDP from the 2004 rezoning area attached as EXHIBIT A for reference. Proposed Proffer Revision The approved proffer statement includes a proffered design materials palette for building facades facing streets. The existing materials palette includes concrete masonry (CMU) brick, architectural block, dryvit or other simulated stucco, real or simulated wood or glass. The proposed minor proffer amendment adds concrete tilt -up walls as an additional materials option in order to be consistent with common building practices for industrial users. This application affects only the M-1 zoning at Whitehall Commerce Center. Accordingly, other portions of the 2004 proffer that relate to the adjoining B-2 areas and/or have already been completed have been noted as such by the revised proffer statement. The existing 2004 proffer would remain in effect for those areas. For reference, a clean and redlined version of the proposed proffers are attached. 117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493 www.pennoni.com 0 a Sempeles Property June 3, 2016 Page 2 Minor Proffer Revision If you have any questions or comments, please feel free to contact me at (540) 667-2139. Sincerely, PENNONI ASSOCIATES INC. Patrick Sowers Senior Project Engineer Attachments i m //'/A 4-A-2�ACRES / 'o PIN 34-A-4 114.494 ACRES' v/ WppbnIN, nO— ` _ ROE ,9 4%W' KEY MAP RESULTANT CONDITIONS BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF GEORGE M. & CAROL T. SEMPELES STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 500 0 500 DATE: JUNE 21, 2005 I SCALE: 1"=500' I SHEET 3 OF 4 Marsh & Legge Land Surveyors, P,L,C 560 NORTH IAUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (640) 667-0466 - FAX (540) 667-0469 EMAIL off lccCmarstiandlcgga.com rxo�' Oy ��t r�r A 9 P. Duane Brown No. 001265 �IJune �/,,QooB ry.HD 19UR�E��4 DRAWN BY: PDB DWG NAME: ID7096 I PIN 24—A—If— N/F STROSNIDE y INST #04081228 ZONED: RA a d NEW LOT 2E cn (HEREBY o R/W CREATED) DEDICATI N I ZONED: 82 (VDOT/C MM OF V I v4 SHEET 5 SHEET G 4 o �j SHEE R MAINDER .� �z SHEET 4 ,$ 34-A-4 0 746 PG 214 NEW LO 2F D 909 PC 1159 j Z m Q (HEREBY C EATEO) IN T #050014500 l ZONED B2 ONED: B2/M1 USINESS 80 LEVARD (R/W DEDIC TION) PIN 34—A• 2 m 5, N/F CLA OR w INST #0500 4500 ZONED: 2 SHEET INDEX AREA SUMMARY N SCALE: 1"=200' PARENT PARCEL: 34—A-4, ZONED 82/M1 34—A-4 (INST #050014500) 114.494 AC LEGEND NEW LOT 2E—2.2533 AC D8 DEED BOOK NEW LOT 2F—3.4240 AC PG PAGE R/W DEDICATION—0.2324 AC INST INSTRUMENT (VDO7/COMM OF VA) PIN PARCEL IDENTIFICATION NUMBER R/W RIGHT OF WAY R/W DEDICATION—0.8811 AC ESMT EASEMENT (FOR PUBLIC SAN SANITARY SEWER STREET PURPOSES) STM STORM DRAINAGE WIT? WATER LINE 34—A-4 107.6972 AC BRL BUILDING RESTRICTION LINE (REMAINDER —AS VDO'T VIRGINIA DEPT OF TRANSPORTATION COMPUTED, NOT SURVEYED) COMM COMMONWEALTH VA VIRGINIA NOTES: 1. PARENT PARCEL IS FREDERICK COUNTY PIN: 34—A-4, ZONED 82/M1. 2. PROPOSED LOTS, EASEMENTS AND RIGHT OF WAY DEDICATION SHOWN HEREIN IS BASED ON THE SUBDIVISION DESIGN PLAN FOR WHITEHALL COMMERCE CENTER, CERTIFIED JAN. 27, 2006 (PREPARED BY PHR&A). 3. EXISTING PROPERTY INFORMATION SHOWN HEREIN 15 BASED ON THE BOUNDARY SURVEY PLAT ATTACHED TO THAT CERTAIN DEED OF CONVEYANCE RECORDED IN DEED BOOK 591 AT PAGE 211, THE BOUNDARY LINE ADJUSTMENT PLAT ATTACHED TO THAT CERTAIN DEED OF CONVEYANCE RECORDED AS INST #050014500 (BOTH AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA) AND THE UNRECORDED BOUNDARY SURVEY PLAT DATED JULY 15. 1998 (CERTIFIED JULY 20, 1998), PREPARED BY MARSH & LEGGE LAND SURVEYORS, P.L.C. 4. BASIS OF MERIDIAN IS NAD83, VIRGINIA NORTH ZONE, PURSUANT TO A CURRENT FIELD RUN GPS SURVEY BY PHR&A. 5. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 6. PERMANENT MONUMENTATION TO BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS. 7. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL No. 510063 0075 B, MATH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE -C AN AREA OF MINIMAL FLOODING. 8, SUBJECT PROPERTY EXISTING ZONING SHOWN HEREIN IS AS DEPICTED ON THE BOUNDARY LINE ADJUSTMENT ATTACHED TO INST. #050014500. *4"1#N FINAL PLAT �Nl.TH OF A PORTION OF THE PROPERTY OF GEORGE M. do CAROL T. SEMPELES STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA O SCALE: AS SHOWN DATE: DECEMBER 5, 2006 U CORY N, HAYNES REVISED: JANUARY 12, 2007 No, 2539 REVISED: MARCH T 2007 Patton Harris Rust & Assoc ales GRAPHIC SCALE '311107 Engineers. Surveyors. Plonners. Landscape Architect: 50 , z SUR .L `A ( Iti PL1S1' ) I Inoh — 200 IL 1: 117 East Plccadilly Slroet, Sulto 200 Winchester, Virginia 22601 0 T 540.667.2139 i F 540.665.0493 SHEET 2 OF 6 REZONING " PROFFER AMENDMENT - FINAL PROFFER Property Identification Number 34-A-Z-in -d 34-A-4 Stonewall Magisterial District Frederick County, Virginia Sempeles Property Preliminary Matters Pursuant to Section 15.1 - 491.1 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 (the "Board"), shall approve Rezoning Application # to amend the proffers associated with Rezoning Application #02-04 as approved by the Board on April 27, 2004 for the -,zzoninb-01=1-0 1.9189100.48 acres of rom Rural Area (RA) ^'""b-n11 tr-tet to Light Industrial (M-1) identified by Frederick County as tax map parcel 34-A-4v(the "Property"), and 10.3492 aeres ftemn al Areas (RA) to- Business -General-(B-2)-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 Virginia law. These proffers shall supersede an/proffers previously pproved for the Property. Should this petition for rezoning --a proffer amendment not be approved by the Board of Supervisors then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan (GDP), dated March 8, 2004, which is attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct an industrial access road including entrance improvements on U.S. Route 11 consistent with the County's adopted North East Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. The road improvements shall include the following: a. Along the properly4Hmitage on U.S. Route 11, the applieant shall eonstFuet eurb-at4 gutter and widening eonsistent with .. :. GDP). The southem eemmereial Pagel of 54 Revision 4/-27/046/2/16 0 • reqtiii- Rents. Proffer completed and/or related to other property. b. The applicant shall construct an industrial access road to VDOT standards with centerline intersection equal to the centerline intersection of Rest Church Road and U.S. Route 11. The industrial access shall connect with Woodbine Road. (See 2 on the GDP). The configuration and location of this collector road addition to the road system shall be adjusted to conform with actual proposed use of the site subject to Frederick County and VDOT approval at the site plan stage of development. The right of way width for this road shall be 80'. C. The-appliant- sha-l-l-mode—V-DOT-crepe inverse t-ion-. -(See 3 en the r"� Proffer completed and/or related to other property. d. The applicant shall enter into a signalization agreement involving partial cost sharing for the Woodbine Road/Route 11 intersection. Establishment of the signalization agreement will correspond with development of the industrial (M1) portion of the site, and will therefore occur prior to approval of the first site plan for M1 development. The timing for ultimate signalization of the intersection will be determined by VDOT. e. The applicant agrees to provide a TIA for each industrial (M-1) use at the time of site plan. Additional street improvements suggested by the TIA will be negotiated with VDOT as a part of the land use permit. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design features provided in these proffers and as illustrated on the Generalized Development Plan dated March 8, 2004 which is attached hereto and incorporated herein by reference: • "!e"�o�0)'ladcmped-giee' e erti-en-e the site. (See-5-ontheGDP). �€ eat ithi the 1^ e green strip ell a low bem (30" less" .'rc+zr su tabl low p ef;le I.,ndse.,,,:ng that _� ,- ill not „fliet with sight distanee at entea ees.Proffer completed and/or related to other property. On Site Development The applicant expects the industrial zoned portion of the site to develop with a minimum of 1 and maximum of 8 end users depending on marketing conditions at the time of sale. Covenants and restrictions of record shall control the standards of construction to include: a. Fagade materials of buildings facing street to be tilt -up concrete walls, concrete masonry (CMU) brick, architectural block, dry vit or other simulated stucco, real or simulated wood or glass. Page 2 of -54 Revision 4/27/046/2/16 • E b. All buildings within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. c. All buildings within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. Additional Site Proffers In addition to the proffers above, the applicant shall implement the following design standards in construction on this site. a. All utilities to be underground. b. 2" caliper street trees on 50' centers along both sides of industrial access road. c. Stormwater management pond facilities shall be lined with impervious liner materials to preclude groundwater impacts. d. All commercial and industrial structures shall have a geotechnical analysis and study prepared prior to site plan approval. e. Any use involving the retail or wholesale sale of diesel fuel for over the road truck carriers shall not be conducted or performed on this site either in the eo=-=-= ereial er • dusti4al zenesthe Property. Monetary Contribution to Offset Impact of Development ••• �� a •�� �• $20,000.-00,—aHhe4+me4he-fi-t-�uikfing-pet-t:nit is issu Proffer completed and/or related to other property. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Page 3 of 64 Revision 4,127/046/2/16 Respectfully submitted, PROPERTY OWNER By: By: George M. Sempeles Carol T. Sempeles Date: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of , 2-0042016, by My commission expires Notary Public Page 4 of -54 Revision 4/27/046/2/16 W 0 0 REZONING REQUEST PROFFER Property Identification Number 34-A-2 and 34-A-4 Stonewall Magisterial District Frederick County, Virginia Sempeles Property Preliminary Matters Pursuant to Section 15.1 - 491.1 et. seg., 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 #42-o for the rezoning of 101.9189 acres from Rural Area (RA) Zoning District to Light Industrial (M-1) and 10.3492 acres from Rural Areas (RA) to Business General (B-2) 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 Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan (GDP), dated March 8, 2004, which is attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct an industrial access road including entrance improvements on U.S. Route 11 consistent with the County's adopted North East Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. The road improvements shall include the following: a. Along the property frontage on U.S. Route 11, the applicant shall construct curb and gutter and storm sewer with a 12' or wider lane widening consistent with VDOT commercial entrance standards. The applicant shall dedicate an additional 14' of right of way along property frontage with U.S. Route 11. Two 36' or larger commercial entrances shall be installed in approved locations, one south and one north of the industrial access road intersection. (See 1 on the GDP). The southern commercial entrance shall be right in/out in accordance with VDOT requirements. Page 1 of 5 Revision 4/27/04 EXHIBIT A IFJ Rezzoning Request Proffer Property Identification Number 34-A-2 and 34-A4 Stonewall Magisterial District b. The applicant shall construct an industrial access road to VDOT standards with centerline intersection equal to the centerline intersection of Rest Church Road and U.S. Route 11. The industrial access shall connect with Woodbine Road. (See 2 on the GDP). The configuration and location of this collector road addition to the road system shall be adjusted to conform with actual proposed use of the site subject to Frederick County and VDOT approval at the site plan stage of development. The right of way width for this road shall be 80'. C. The applicant shall modify the VDOT proposed stoplight from 3 way to 4 way intersection. (See 3 on the GDP). d. The applicant shall enter into a signalization agreement involving partial cost sharing for the Woodbine Road/Route 11 intersection. Establishment of the signalization agreement will correspond with development of the industrial (NI1) portion of the site, and will therefore occur prior to approval of the first site plan for MI development. The timing for ultimate signalization of the intersection will be determined by VDOT. C. The applicant agrees to provide a TIA for each industrial (M-1) use at the time of site plan. Additional street improvements suggested by the TIA will be negotiated with VDOT as a part of the land use permit. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design features provided in these proffers and as illustrated on the Generalized Development Plan dated March 8, 2004 which is attached hereto and incorporated herein by reference: • A twenty foot (20') landscaped green strip along the US Route 11 frontage portion of the site. (See 5 on the GDP). Features within the landscape green strip include a low berm (30" or less) with suitable low profile landscaping that will not conflict with sight distance at entrances. On Site Development The applicant expects the industrial zoned portion of the site to develop with a minimum of 1 and maximum of 8 end users depending on marketing conditions at the time of sale. Covenants and restrictions of record shall control the standards of construction to include: a. Fagade materials of buildings facing street to be concrete masonry (CMU) brick, architectural block, dry vit or other simulated stucco, real or simulated wood or glass. Page 2 of 5 Revision 4/27/04 W 0 0 b. All buildings within the development on compatible architectural style and materials of a similar style and materials. the property shall be constructed using , and signage for such buildings shall be c. All buildings within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. Additional Site Proffers In addition to the proffers above, the applicant shall implement the following design standards in construction on this site. a. All utilities to be underground. b. 2" caliper street trees on 50' centers along both sides of industrial access road. c. Stormwater management pond facilities shall be lined with impervious liner materials to preclude groundwater impacts. d. All commercial and industrial structures shall have a geotechnical analysis and study prepared prior to site plan approval. e. Any use involving the retail or wholesale sale of diesel fuel for over the road truck carriers shall not be conducted or performed on this site either in the commercial or industrial zones. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 112.2681 acre site lying on the east side of U.S. Route 11 in the Stonewall Magisterial District of Frederick County, Virginia from RA to M-1 and B-2, the undersigned will pay to Frederick County for the Clearbrook Fire and Rescue Company the sum of $15,000.00, the Sheriff's Office the sum of $3,000.00 and the Administration Building the sum of $2,000.00 for a total payment of $20,000.00, at the time the first building permit is issued. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Page 3 of 5 Re�4sion 4/27/04 E • Respectfully submitted, PROPERTY OWNER By: By: n �J �� -`7 GO M. S eo gempeles Carol T. Sempeles Date: 3�-/ Date: sl3%j STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: i The foregoing instrument was acknowledged before me this3rC day of C, , 2004, by C eCr �� (Yl , d1- l _Q-coc .c My commission expires 0 A Notary Public CiU� ��! S7l gym, Page 4 of 5 Revision 4/27/04 A, 0 0 PROPOSED ZONING A B-2 Zoning Commercial Sites) 9.9997 Ac B-2 Zoning R/W Dedication) O.J495 Ac M-1 Zoning 101.9189 Ac TOTAL AREA 112.2682 Ac `gyp �o / C£O�M. 'SmAaa + \ IN WFST NRG/NN r. 1 TbTAZ PRO OS� J 1 I zoQT udT 6,isr:a.PerFs� ) 1 ` �( /(� Ji j Qe RA \ f ` 52.2206 AC �� 71S6_AL�£S PROP SM AI-1 SUBJECT TO�1Q✓USTMEpfT i T O ,/SER REOUREMEIy�S',-) - �'� 6,69 - r Zoned M-1 But/er Manufacturing -� Zoned M-7 SEMPEL ES -PROPERTY GENERAL/ZED DEVELOPMENT PLAN fREDERICK COUNTY, WRG/N64 gilbert w. Clifford . & associates, inc. Erghwe Land Planners Water ouaity 117 E Picadily SL Winchester, Virginia 22601 L (540) 567-2139 FAX: (540) 665-0493 EMAIL• gwcoram0eorthlid com Page 5 of 5 PREPARED WITHOUT BER= OF TrrLE Eltn IMTICN -4LI�)1 5,075-Gen HEC/sk 6/6/90 0 BK746Ps0214 THIS DEED made and dated this ref day of �. 1990, by and between George M. Sompeleo, Single, party of the first part, and George M. Sem ales, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable (consideration, the receipt of all of which is hereby acknowledged, the party of the first part does hereby grant and convey with general warranty of title unto the party of the second part, homme sole; to be his sole and separate equitable estate for hie sole and separate use and benefit, free from any control, marital rights, dower rights or inchoate ciowar rights of any present or. future '.vif-0, all of which are expressly excluded, and with the full and complete power in and toward the said party of the second part to convey, encumber, devise and otherwise dispose of and deal with the herein described parcel of land without the necessity of joinder by and/or with any present or future wife, all as provided in Section 64.1-21, Code of Virginia of 1950, as amended, the fallowing described property and appurtenances ItherGunto belonging: All of that certain tract or parcel of land, containing 52.230 acres, more or lese, located on Route 669 about eight- (Q) miles northeast of Winchester, Virginia, lying and being situate mostly in Stonewall Magisterial District, Frederick County, Virginia, and partially in Mill Creek District, Berkeley county, West Virginia, and includes Route 669, a thirty (30) foot prescriptive right of way, with the southern side of said right of way being also the southern boundary of the said land, which is more fully described by plat and survey of Thomas A. Shockey, L.S., dated February 25, 1985, attached to 0 BK746PG0215 and by reference madeta artsofPart the deed whereby the party Of acquired thin oroporty from Eugene said Grove and Barbara Grovo, his wife, p deed dated March 22, 1905 and recorded in the office of the Clerk of the Circuit Court of Frederick County, aVirginia, nd in in Dead Book 591 at Page the Office of the Clerk Oftheest Viunty rginia, Court of Berkeley County, as Instrument No. 1S 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, rights of way and to any and all deeds of trust constituting a lien against the property. Except as noted above, the party of the first part covenants that „a has a right to convey said property to the party of the second part; that lie has done no other act to encumber said property; that he will execute such further assurances of title to said property as stay be requisite; that he is seized in fee simply of the property conveyed; and that the party of the second part shall have quiet possession of said property free from all encumbrances. DECLIUMT_ION OF CONS IDEf LT k OF V1 I- ' George M. Sempeles, whose address is Route 1; BO}; 102D, Clearbrook, Virginia 22624, upon signing this instrument, being familiar with the transaction herein involved, by affixing his s.`_gnature to this deed, herebv declares under penalty of fine and imprisonment, that the • 0 8K746PGO216 total consideration paid for the property hereby conveyed is None. WITNESS the following sign s (SEAL) 4 Gee H.�e'M'PelOs STATE OF VIRGINIA AT LARGE 11u OF 7 To -wit: The foregoing instrument was acknowledged before me Iby George M. Sempeles: Given under my hand and notarial seal this b day of _. 1990. My Commission expires V ' � _ Notary PuL'lfr. -i ce' IS t A L) a�ir'S AMP11 1-3 SUP SWAFIC instrument orepared by= H. Edmunds Colawan, III Attorney at LHw Costello, Dickinson, John6ton, Greeniee, Coleman & mcLoughlin, P. C. 107 North Kent Street P. O. Box 2740 Winchester, Virginia 22601 rn11'�r(,SCT. (703) 665-0050 JIRGINIA: FREDERICK - _ 1I M- iced This instrument of writing 't"y d_• to me on the �1iWte �,; tAd witti 19_ —a thereto annexed ware ackn: n"m admitted to record. W r I CLERK 0 ���� 01,909nr 1159 THIS DEED, made and dated this /0 day oP July 1990, by and between WILMA V. SCHbACK. party of the first part, hereinafter 0 called the Grantor, and GEORGE M. §VJ2BT,.0 and CAROI. T. SEM1'EI.135, 0 o his wife, party of the second part, hereinafter called the A N c1 q N � Grantees. Q N N NOW THEREFORE, WITNESSETH: That in consideration of the sum 0 s- of Ten Dollars ($10.00) and other valuable consideration, the v P, a Grantor does hereby grant and convey in fee simple absolute, with M U General Warranty of Title and English Covenants of Title, unto the Grantecv, jointly, ac tanantc by the ontirety, with tha intent that the survivor shall take the fee simple title by common law right of survivorship, together with all rights of I way, privileges, appurtenances and improvements thereto belonging, and subject to all easements and legally enforceable restrictions of record affecting the following real estate: All of the certain tract or parcel of land with the buildings and improvement thereon and the appurtenances thereunto belonging, originally containing 70 acres, more or less, known as the "Rest" farm, approximately nine miles North of Winchester, in Stonewall Magisterial District, Frederick County, Virginia. And being the same tract which was conveyed to John W. Schlack, by Deed from J.D. Dillon, at al, dated October 30, 1905, recorded in the Clerk's Office of the Circuit court. of Frederick County, Virginia, in Deed Book 126 at Page 242. Less and except: one acre, more or less, conveyed to John J. Ridgeway by Deed dated February 15, 191B of record in the aforesaid Clerk's office in Deed Book 141 at Page 394. Further Leos and Except: A small parcel conveyed to Elmer N. Swartz, at al, by Deed dated March 30, 1959 of , i i I • O OR909PG 1 1 60 record in the aforesaid Clerk's Office in Deed Book 257 at Page 49. And Further Less and Except: That portion of said tract containing approximately 6 acres more or less in Berkeley County, West Virginia. The said John W. sehlack died testate and by his will dated April 18, 1935 and recorded in the aforesaid Clerk's Office in Deed Book 53, at page 131, devised said realty to his wife, Anna B. Schlack, for life, with remainder to his daughter, Wilma Virginia Schlack and Wilmer Virginia Schlack, being one and the same person. The said Anna B. Schlack died testato in 1971 thereby vesting title in Wilma V. Schlack. This conveyance is made in gross and not by the acre; subject to all rights, rights of way, and restrictions of record, affecting the subject property. Witness the following signature and seal: OY�YiiiW 11, .rF��u ..E= Wilma V. Schlack STATE OF VIRGINIA e CITY/BOUNTY of :, �„ r F, �1%� , to -wit: a Notary Public in and for the state of Virginia, do hereby certify that WILMA V. SCHLACK whose name is signed to the foregoing instrument has personally appeared before me and acknowledged the name in the State and jurisdiction aforesaid. Given under my hand this /t' day of July, 1998. >'% Notary Public f. -:'!� My commission expires: THIS INSTRUMENT PREPARED BY: Mark E. stivers, Esquire ,nRWMF CKC011"6" 120 E. Cork Street ThlV 'dayol_�: w, "',oi�ozsad a' a rA 11io Winchester, VA 22601 _��- 1` and ad od to re r . Tax I rtaod'od by 6aco4o 1noo2 of named wa' admtltod to record. Tax Imp Y $Zyn, and 6a.1.6ol havo boon paid, II ecsoccablo. 4ze-,' i,,/) Clark C5pp145p1� Grantee's address., P.O. Box 2038, Winchester, VA 22604 Map No, 34 A-2 Consideration: $650,000.00 THIS DEED, made and dated this ' day of 1Lt , 2005, by and between GEORGE M. SEMPELES and CAROL T. SEMPELES, husband and wife, parties of the first part, herein called the Grantors, ROBERT W. CLAYTOR, party of the second part, herein called the Grantee; and H. N. FUNKHOUSER & CO., a Virginia corporation, party of the third part. WITNESSETH: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors hereby grant and convey, with General Warranty and English covenants of title, unto the Grantee, in fee simple, all the following described real property together with the appurtenances thereunto belonging and any improvements thereon: All that certain parcel of land in Stonewall District, Frederick County, Virginia, on U.S. Route 11 north of Winchester, containing 3.500 acres, by survey, with metes and bounds as shown on Sheet 4 of plats of "Boundary Line Adjustment between the Lands of George M. & Carol T. Sempeles" drawn by P. Duane Brown, L. S., dated June 21, 2005, attached to and made a part hereof; and being a portion of the land conveyed to George M. Sempeles and Carol T. Sempeles, by deed of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 909 at page 1159, 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 conveyed. This conveyance is made subject to all casements, rights of way and restrictions of record affecting the subject property. The party of the third part, as evidenced by its execution of this instrument, hereby releases and assigns to the party of the second part all its right and interest to that certain Agreement for Option/Right of First Rcfusal and Contract of Purchase and Sale dated August 6, 2004 among the parties of the first and third parts, the terms of which agreement and contract shall survive this deed. WITNESS the following signatures and seals: 0 0 0 0 9 0 0 0 c.n K ; �__ < (SEAL) GEOR( .13SUPELES (SEAL) CAROL T. 8FXP Eta (SEAL) El. IL kMWOUSER & CO. by ROBERT W. CLAYTOR, President STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this day of M 2005 by GEORGE M. SEMPELES, CAROL T. SEMPELES, and ROBERT W. CLAYTOR, President, H. N. Funkhouser 8& Co., on its behalf NOTARY My commission expires -14a59 v9 • 670 \ RI1 2 2 4 i Exla32 MIA Pe � r i 889 Rua,_-_ _ artm Vicinity _ Mnp I. 1 �200p APPR ED Y FREDERICK COUNTY SUBDIVISION ADMEN ISIRAT DATE VIRGINIA DEPARTMENT OF TRANSPORTATIQN DATE OWNE 'S CERTIFICATE The above and foregoing BOUNDARY LINE ADJUSTMENT of the lands of GEORGE M. SEMPELES and CAROL T. SEMPELES, as appears in the accompanying Oats. is with the free consent and in accordance with the desires of the undersigned roprietora, and trustees, if any. G M. SEMPELES CAROL T. SEMPELES NOTARY PUBLIC _ 1, (��1 � � [t �_a _fncy,o�pn ,a Notary Public in and for the State of Virginia, at large, do certify that GEORGE M. SEMPELES and CAROL T. SEMPELES, whose names are signed to the foregoing Owner's Certificate, have acknowledged the same before me in my State. Given under m rd y hand this day of-IURC , 2005. My commission expires Hgi)C,, � , �1Ji SURVEYOR'S CERTIFICATE I hereby certify that the properties contained in this BOUNDARY LINE ADJUSTMENT are the remainder of the property (PIN 34-A-4) that was conveyed to GEORGE M. SEMPELES by deed dated June ©, 1990 and the same property (PIN 34-A-2) that was n LN/ \ s N ir`\gip �. .r PIN 34—A-2 GEORGE M. SEMPELES & CAROL T. SEMPELES \ OB. 909 PG. 1 159 67. J t 4 ACRES 4\ EX. ZONING: B2/MI / EX. USE.- AGRICULTURAL / PIN J4—A- 4 �r GEORGE M. SEMPEL ES �� i OB. 746 PG. 214 /� 50.806 ACRES ' v EX. ZONING: M t r 4� EX. USE.- AGRICULTURAL 40,� WOOD8IN— E ROA, RrE 8 40 - R/W KEY MAP EXISTING CONDITIONS NOTEBoundary Information for this Boundary Line Adjustment Plot is based upon the following Plats and Deeds and hos not been completed by a current field survey. 1. Area of PIN J4—A-2 = 67.314 ACRES (Unrecorded Boundary Survey Plat doted July 15, 1998 by Marsh & Legge Land Surveyors, P.L.C.) 2. Arco of PIN 34—A-4 = 52.230 ACRES (Original Area per 08 746 PG 214 — Plot in DB 591 PG 213) — 1.361 ACRES (RT. 669 R/W — DB 606 PG 646) — 0.063 ACRES (Frederick County Sanitation Authority — Instrument 0JO018889) 50.806 ACRES (Current Area by Subtraction) BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF GEORGE M. & CAROL T. SEMPELES STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 500 0 500 DATE: JUNE 21, 2005 1 SCALE: 1 "=500' 1 SHEET 2 OF 4 1 Marsh & Legge Land Surveyors, P.L.0 580 NORTH L,OUDOUN STREET - WINCHESPER, VIRGINIA 22601 PHONE (540) 887-0488 - FAX (540) 887-0488 EMAIL office®marshandlegge.com f TH OF Gf P. Duane Brown No. 001285 June 21,2oos f�Nb sU101' ` DRAWN BY: PDB DWG NAME: I07096 0 0 0 r 070004280 o 0 THIS DEED OF DEDICATION, made and dated this qky day of March, 2007 by and between GEORGE M. SEMPELES and CAROL T. SEMPELES, parties of the first part, hereinafter referred to as the Grantors; and FREDERICK COUNTY SANITATION AUTHORITY, a Virginia corporation organized and existing under the provisions of the Virginia Water and Sewer Authorities Act ( Section 15.1-1239, et seq., Code of Virginia, 1950, as amended), party of the second part, hereinafter a Grantee for indexing purposes, and THE COUNTY OF FREDERICK, VIRGINIA, party of the third part, hereinafter a Grantee for indexing purposes, and VIRGINIA DEPARTMENTOF TRANSPORTATION party of the fourth part, hereinafter a Grantee for indexing purposes. RECITALS Whereas, the Grantors are owners of a certain tract or parcel of land, lying and being situate on the cast side of and adjacent to U.S. Route I I North in Stonewall Magisterial District, Frederick County, Virginia, being a portion of the same land acquired by deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia at Deed Book 746 Page 214 and Deed Book 909 Page 1 159, subject to various easements, and adjusted by plat of boundary line adjustment at Instrument t1050014500; and , Whereas, the Grantors wish to subdivide the said property, as is more particularly shown on a plat by Patton Harris Rust & Associates dated December 5, 2006 and revised January 12, 2007 and March 1, 2007, as drawn by Cory M. Hayncs, L.S., totaling Six (6) Sheets, entitled "Final Plat a Portion of the Property George M. and Carol T. Sempeles;', which plat is drawn in conformity with the Subdivision design Plan for Whitehall Commerce Center and attached hereto and made part hereof (the Final Plat); and, Whereas, Grantors herein desire to dedicate, grant and convey certain rights, rights of way, water, sewer and drainage easements in accordance with and as are more particularly shown on the attached Final Plat containing Six (6) Sheets. Prepared by: Mark E. Slivers, Esquire, P.O. Box 1737, Winchester, VA 22604 • , O O O1 NOW THEREFORE WITNESSETH: That for and in consideration of the premises and benefits which will accrue by reason of this Dedication, and other valuable consideration, receipt of which is acknowledged the Grantors herein: l) Incorporate the foregoing Recitals and Final Plat as a material part hereof; and, 2) Subdivide all of that certain tract or parcel of land in accordance with, and as shown on the attached Final Plat by Patton Harris Rust & Associates dated December 5, 2006, and revised January 12, 2007 and March 1, 2007, and drawn by Cory M. Haynes, L.S., consisting of Six (6) Sheets; which plat reduces the parent tract containing 114.494 acres to a computed remainder of 107.6972 acres; subdivides and creates new Lot 2E containing 2.2533 acres and new Lot 2F containing 3.4240 acres, zoned B2; provides a right of way public road dedication to VDOT containing 0.2324 acres and a right of way dedication to Frederick County for public street purposes of 0.8871 acres; and , 3) Subject the subdivided property herein to, and hereby grant and convey unto the Frederick County Sanitation Authority (also referred to as the "FCSA") , certain water and sewer easements, including to -wit: 1) a permanent Sanitary Sewer Easements twenty (20) feet in width, , as shown on Sheets 3, 4 & 5 of the attached Final Plat drawn by Cory M. Haynes, L.S; together with a temporary construction casements ten (10) feet in width and, 2) a permanent Waterline Easements as shown on Sheets 4 & 5 of the attached Exhibit Plat drawn by Cory M. Haynes, L.S The permanent sanitary sewer easement(s) herein conveyed grant to the FCSA the perpetual right to install, lay and maintain a sanitary sewer main, including the right to go on, over and upon the said permanent easement for the purpose of installing, laying, maintaining, repairing and replacing the same as needed, and the said temporary construction easement grants to the FCSA the right to enter upon it to the extent necessary for and during the original construction, installation and laying of the said sanitary sewer main, said temporary easement to expire upon completion of construction of the said sanitary sewer main. The permanent Waterline Easemcnt(s) herein. conveyed grant to the FCSA the perpetual right to install, lay and maintain underground water lines, • . a including the right to go on, over and upon the said Waterline Easement(s) for the purpose of installing, laying, maintaining repairing or replacing the same as needed. Grantors, their successors and assigns shall retain the right to use their land which is subject to the casements acquired herein in any manner, which shall not interfere with the use and enjoyment of said rights by the FCSA. Grantors, their successors and assigns shall at all times have the right to cross over and upon the said casements and to use the surface over the easements in such manner as will neither injure nor interfere with the construction, operation or maintenance of the said sanitary sewer main and water lines, except that no building or other structure shall be erected over said permanent easement unless by mutual consent of the parties or their successors; which consent shall not be unreasonably witlilield. Whenever the enjoyment of its rights hereunder requires the FCSA to disturb the surface of the ground, it shall be the obligation of the FCSA to restore the same to its condition prior to being so disturbed at the FCSA's expense; and, 4) Dedicate to the Commonwealth of Virginia Department of'rransportation (also referred to as "VDOT") with general warranty of title, for use as public right of way fir the improvement of U.S. Route l I/Martinsburg Pike all of that certain tract or parcel of land lying and being situate in Stonewall Ivlagisterial District, Frederick County, Virginia containing 0.2324 acres or 10,125 square feet as shown and more Particularly described on Sheets 2, 3 & 5 of the attached Final Plat drawn by Cory M. Haynes, L.S.; and 5) Dedicate to the County of Frederick Virginia (also referred to as " Frederick County") with general warranty of title, for use as a public right of way or street (also known as "Business Boulevard") all of that certain tract or parcel of land lying and being situate in Stonewall Magisterial District, Frederick County, Virginia containing 0.8871 acres or 38,644 square feet as shown and more particularly described on Sheets 2, 3, & 4 of the attached Final Plat drmvii by Cory M. Haynes, L.S.; and, 6) Subject the subdivided property to, and hereby grant and convey a variable width storm water drain easement to tun with the land indefinitely as shown on Sheet 3 of the 0 0 attached Final Plat drawn by Cory M. Haynes, L.S., totaling Six (6) Sheets, entitled z- "Final Plat a Portion of the Property George M. and Carol T. Sempeles." to WITNESS the following signature seals: BY: (SEAL) E M. SEMPELES BY: l �`—E�J� (SEAL) CAROL T. SEMPELES STATE OF VIRGINIA' ' -f? ?` /COUNTY OF .» r)�C-4 h L C X . ; to wit The foregoing Deed of Dedication acknowledged before me this Q day of March, 2007, by George M. Sempeles and Carol Sempeles, husband and wife. My Commission expires on E. otary Public VICINITY MAP SCALE: 1" = 2,000' FREDERICK COUNTY SUBDIVISION ADMINISTRATOROATf�- FREDERICK COUNTY SANITATION AUTHORITY DATE -7 P.OP VIRGINIA DEPARTMENT OF TRANSPORTATION DATE-A.� OWNER'S CONSENT: v THE ABOVE AND FOREGOING SUBDIVISION, DEDICATION OF RIGHT OF WAY AND EASEMENTS ON AND THROUGH THE PROPERTY OF GEORGE M. SEMPEL AND CAROL T. SEMPELES, AS APPEARS ON THE ACCOMPANYING PLATS, IS REE C T AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, OPRIETORS AD USTEES, IF ANY. SIGN (DATE a -'j SIG D (DATE) NOTARY P BUC STATE OF gnu A CITY /rOUN�OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON t Y CO BY MY COMMISSION EXPIRES 3/ (NOTARY PUBLIC) (DATE) NOTARY PVBUC _ STATE OF CITY/ OUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON Mkirck Zt Z 0—bi BY �co <rL A e!�_ MY COMMISSION EXPIRES A/31m (NOTARY PUBLIC (DATE) SURVEYOR'S CERTIFICATION I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY SUBJECT TO THIS SUBDIVISION, DEDICATION OF RIGHT OF WAY AND EASEMENTS IS A PORTION OF THE SAME PROPERTY CONVEYED TO GEORGE M. SEMPELES IN DEED BOOK 746 PAGE 214 AND TO GEORGE M. AND CAROL T SEMPELES IN DEED BOOK 909 PAGE 1159, SAID PROPERTY HAVING BEEN ADJUSTED BY PLAT OF BOUNDARY LINE ADJUSTMENT ATTACHED TO THE DEED RECORDED AS INSTRUMENT #050014500, ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. FINAL PLAT nk.RAYNES A PORTION OF THE PROPERTY OF GEORGE M. & CAROL T. SEMPELES STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: DECEMBER 5, 2006 REVISED: JANUARY 12, 2007 REVISED: MARCH 1, 2007 Patton Harris Rust & Associates Engineers. Surveyors, Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 REVISION: `q� svR�4 Winchester, Virginia 22601 1/12/07 COUNTY COMMENTS T 540 667 2139 3/01 /07 PER OWNER REQUEST F 540 665 0493 SHEET I OF 6 I � 1 TCH 7 CA 20' FCSA SAN ESMT 2 qyp NO3'44'33"E 96,73' S67'01'15"E� 229.50' � r J ,a, Ld0 Id �- Q I WIC NEW LOT 2F i 00 ('a (HEREBY CREATED) to w N0000 I 149,152 SF/3.4240 AC z Ln Q m ~ (ifm> z �;: W l Z 00 ^ .. N ( M F VARIABLE WIDTH STM N 4I DRAIN ESMT Q z —' N29'14'35"W 60.07' �f �5• BR1- T}1lS SHEET I SE///[E DETAIL — _ �.--•--^' "' I _ N75'23.22�-71'66 U Q 0.66' (T1E) �0�11 FVARQ Qo z r 1r d-� O I'-14.00' gUS�N�"Sgj� R�W� AC N S �Ffi 44 /0.8811 FOR 3a6 SF L)ICATE N v o o W w t 4EREBY D vcj PURPOSES da jE Qa = I PUBL S >- �Lj 0< w N w 6 5 �� — �~ PIN 34-A--2 115 :2 O N/F CLAYTOR o z j INST. #050014500 v / "ZONED: 82 i USE: VACANT CURVE TABLE ICURVEIRADIUSI DELTA I LENGTH ITANGENTI BEARING HOBO C1 1 41.00' 1 98'22'06" 70.39' 1 47.47' N26'1 2' 3'WI 62.06' VARIABLE "0114T ST11 DRAIN E . � 180.�7' STIEL 001- (TIE) DETAIL SCALE: 1'-10' GRAPHIC SCALE 0 u 50 Io0 IN YLLT ) 1 inch - 60 It. f PL`f H p�, Lr�A U CORY N. HAYNES No, 2539 ,q`tiD scm�o`�' FINAL PLAT A PORTION OF THE PROPERTY OF GEORGE M. do CAROL T. SEMPELES STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRCINIA SCALE: 1"-50' DATE: DECEMBER 5, 2006 REVISED: JANUARY 12, 2007 REVISED: MARCH 1, 2007 Patton Harris Rust & Assoclates Engineers. Surveyors. Planners. Landscape Architects. ][^ Winchester, Easter, VIrgi y Street, Suite 200 + Wlnchost0r, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 3 OF 6 MATCHLINE SHEET 61 0 o 6 o c-n w N NO3ASAN 96.73'ESMT 66 '44'33 EI N sP� NEW LOT 2F �o (HEREBY CREATED) o�y� M 149,152 SF/3.4240 AC 4 4 00 w _ 20' I N to w I 10' v`Vi z = C/L 20' FCSA SAN ESMT U N22'58'44'E 129.06' 1— Q � I I TM1s sF1EET REMAINDER SEE OETAL 3 gRl. I PIN 34—A-4 GEORGE M. AND CAROL T. SEMPELES 107.6972 ACRES 1 f 1� (IF-) 371.66' N75'23 22 rn 10'Ent S gpU���ARp SINEsgA R/Wi 13 I� 871 AC 38.644 SF I A,mD t OR 00 Ip HEREBYS�EE1 pURpOSF- pU8ur N75'23� 433.28 m 1-11N J4—H—Z N/F CLAYTOR INST. #050014500 ZONED: B2 USE: VACANT pLT H 0 U CORY Y. HAYNES No, 2539 of 1107 GRAPHIC SCALE 0 2e 50 100 Dim'r) I Inoh - 50 tL w w N N DETAIL SCALE: 1 '-20' a 10, w o p iA Y N<NN �6P�� �N z 0'' U Z 11.34 184,71(TIE) CA 20' FCSA WTR ESMT N14'36'38"E 12.00' FINAL PLAT A PORTION OF THE PROPERTY OF GEORGE M. & CAROL T. SEMPELES STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=50' DATE: DECEMBER 5, 2006 REVISED: JANUARY 12, 2007 REVISED: MARCH i, 2007 Patton Harris Rust 8 Assoclates Engineers. Surveyors. Planners. Landscape Architects. PH/A\ 117 East Piccadilly Street, SON 200 + , Winchester, Virginia 22601 RAT 540.667.2139 F 540.665.0493 cuccT I nc PIN 24—A-11 N/F STROSNIDER I INST: 040012282 ZONED: RA USE: RESIDENTIAL S S66'28'10"E 335.59' 2 w \\ ! f N 229.51' a ?lea _ _ _—AO ZONING BUFFER LINE_ 10,125 SF/0.2324 AC HEREBY DEDICATED TO COMMONWEALTH OF VIRGINIA/ VIRGINIA DEPT. OF TRANSPORTATION (SEE SHEET 3) I NI m w F LtJ N NEW LOT 2E �- CL z ( (HEREBY CREATED) I j w N 98,154 SF/2.2533 AC L� , Qco aw LL > z N h vi � � o < 1 � 1 0 ? N II CA 20' FCSA SAN ESMT--+ N22'58'44"E 236.54' 11 MATCHLINE SHEET 3 LINE TABLE LINE BEARING LENGTH LI N22'58'44"E 85.50' L2 S67'01'16"E 18.50' L3 N22'56'44"E 218.00' L4 N67'01'16"W 18.50' L5 N22'58'44"E 105.51, 4- -,LTH r' v CORY Id, HAYNES No. 2539 GRAPHIC SCALE " 0 23 50 100 -i.-- mm� Di F') I inch - 60 ft. SUR,.r�l CD O W �Ln P w w (n w z J U L2 FINAL PLAT A PORTION OF THE PROPERTY OF GEORGE M. do CAROL T. SEMPELES STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"-50' DATE: DECEMBER 5, 2006 REVISED: JANUARY 12, 2007 REVISED: MARCH 1 2007 Patton Harris Rust R Assoclales Engineers. Surveyors, Plannors. Landscape Architects. 117 Easl Piccadilly Streel, Suilo 200 Wlnchoslor, Vlr0lnla 22801 T 540,667.2139 F 540.665.0493 SHEET 5 OF 6 I— w w z to w Z U f- L2 � � M � c 22 �lN tJ1 u1 ` 00 z 93.09' r S6628'10"E 185.17' I I __,.—_50' ZONING BUFFER LINE I I NEW LOT 2F (HEREBY CREATED) 149,152 SF/3.4240 AC MA t G p,LT I i OF � zp CORY II. HAYNES a No. 2539 GRAPHIC SCALE �9� '0. o is so too SULi`I ' H1�1N� IN FLOP ) I Inch - 60 IL .I Itp U3 I� I� co p N N IV) 4 (wn J W a 0 Q 0 Q Z ¢ ¢ N �MUOri wzoIC! a a Q r- 0 w c� O w 0 FINAL PLAT A PORTION OF THE PROPERTY OF GEORGE M. do CAROB.. T. SEMPELES STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1'A50' DATE: DECEMBER 5, 2006 REVISED: JANUARY 12, 2007 REVISED: MARCH 1 2007 Patton Harris Rust & AssoclaEas Engineers. Surveyors. Planners. Landscape Architects. 0 1 PH ]� 117 has Piccadilly 2260troet, Sulto 200o Winchester, 139nla 22601 T 510.667.2139 g^� F 540.665.0,193 SHEET 6 OF 6 T DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, V-RGINIA c.Gq-� & �-Q W E r°. GIS, MAPPING, GRAPHICS WoRK. REQUEST S DATE RECEIVED: REQUESTING AGENT. REQUESTED COMPLETION DATE: L 1 c,-" , Department, Agency, or Company:_ Mailing and/or Billing Address: Telephony. E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) P-EN 3 q- A_ y So-rn {s-'lus p ropu+y >rR41 3 4-A-- 4 DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: HOURS REQUIRED: -- COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) -Pt-}-4=c l (4.)tiun Q "--kt 4 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE I1\7ITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL, IP' THIS D0QMENTDOESNOTAfEETI'OUIZ,4PP70V,IL PLEf1SEPRO VIDE C0AfAfENTS.4S' TO TEM4 T YOU WOULD LIKE TO IIf1 VE COMPLE, TED. Initials Date & Time Candice Mark Dave Er' Mike, (� John COMMENTS: Received by Clerical Staff (Date & Time): (S:Office on BlackboxWormslDocument Approval Form—12/27/13)