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REZONING TRACKING SHEET
Check List:
Application Form
Proffer Statement
Impact Analysis
Adjoiner List
Fee & Sign Deposit
Deed
Plat/Survey _
Taxes Paid Statement
-7 �/3//(p File opened
Reference manual updated/number assigned
I' D-base updated
Copy of adjoiner list given to staff member for verification
1 Color location maps ordered from Mapping
l 4 Application Action Summary updated `
B 1 Planning Commission Meeting ACTION: 1690 _
1 lv I3oard of Supervisors Meeting ACTION: Q"b,,cJ
u a�4 Signed copy of Resolution received from County Administrator and
placed in Proffers Notebook together with proffers
J (9 (0 Approval (or denial) letter mailed to applicant/copy to file and cc's
101141(, Reference manual updated
D-base updated
Application Action Summary updated
�D l lq I to File given to Mapping to update zoning map
IC) Zoning map amended
Proffers recorded
Sys Ill #
0
0
October 19, 2016
Mr. Evan Wyatt
Greenway Engineering Inc.
151 Windy 1-1111 Lanc
Winchester, Virginia 22602
RE: REZONING 408-16 IAI 'VN'V, LC.
PIN: 52-A-B
Dear Evan:
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 of Supervisors at their meeting
on October 12, 2016. The above -referenced application was approved to revise proffers associated with
Rezoning 1103-03. This revision relates to the design and construction of Petticoat Gap Lane and the
undeveloped portion of Retail Boulevard and to allow up to 50,000 square feet of additional commercial
development on the property before the road construction. The site is located at the northwest quadrant of
Northwestern Pike (US Route 50 West) and Retail Boulevard intersection in the Gainesboro Magisterial
District.
The proffer statement, originally dated April 2, 2015, with final revision date of October 3, 2016, that
was approved as a part of this rezoning application is unique to the above referenced properties and is
binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records.
Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick
County Clerk of Circuit Court for recordation.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
n A. Bishop, AICP
Assistant Director-Transporation
JAB/pd
Attachment
cc: Robert I -less, Supervisor Gainesboro District
Charles Triplett and Kevin Kenney, Gainesboro District Planning Commissioners
Jane Anderson, Real Estate
Ellen Murphy, Commissioner of Revenue
Silver Lake, L.L.C., 13 South Loudoun Street, Winchester, VA 22601
Rod Williams, County Attorney w/Proffer and Resolution
107 North Kent Street, Suite 202 ® Winchester, Virginia 22601-5000
REZONING APPLICATION #08-16
V /WNNI, LC
Staff Report for the Board of Supervisors
Prepared: October 3, 2016
Staff Contact: John A. Bishop, AICP Assistant Director -Transportation
Reviewed Action
Planning Commission: 08/17/16 Public Mccting Held: Recommended Approval
Board of Supervisors: 10/12/16 Pending; Public Meeting
PROPOSAL: To revise proffers associated with Rezoning #03-03. Specifically this action impacts the
implementation of Petticoat Gap Lane and the extension of Retail Boulevard.
LOCATION: The site is located at the northwest quadrant of Northwestern Pike (US Rt. 50 West) and Retail
Boulevard intersection.
EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE
10/12/16 BOARD OF SUPERVISORS MEETING:
Rezoning #03-03 rezoned nearly 71 acres to B2 (General Business) along the north side of Route 50 West
and Route 37. This is where businesses such as Walmart, Applebee's, Sonic, and the Bank of Clarke County
are now located. That rezoning encompassed 11LI111CI.011S tl'allSp01'tation proffers SUCK as inlprovenlentS to
Route 50 and the interchange of Route 50 and Route 37. In addition, that rezoning called for the
ConStl-uction of a major collector roadway behind where the Walmart is now located to connect Route 50 and
Botanical Boulevard. This roadway network is depicted in Master Development Plan #07-04 which is also
referenced in the proffers. Through the development process there were alterations to the layout that was
envisioned at that time and the first section of that major collector roadway was constructed as Retail
Boulevard which, along with all adClitlonal access point along Route 50, has provided the access to the retail
area that is now anchored by Walmart.
The Applicant is now proposing to modify the proffers related to the implementation Of the final portions of
the proffered collector roadway. The request is to delay the design and construction of'PCtticoat Gap Lane
and the undeveloped portion Of Retail Boulevard and to allow up to 50,000 square feet of additional
commercial development on the property before the road C011St1'L1Ct1on. As ownership has cllallgcd oil
Significant portions Of the original rezoning, the Applicant is seeking the proffer modification oil their
remaining 28.17 acres contained in parcel 52-A-B.
Please note that VDOT has provided comments regarding concerns tlicy have. Regarding proffer B2, VDOT
notes that sonic additional undeveloped parcels from the original rezoning should be included in the square
footage requirement that is being proposed to trigger the roadway. The Applicant has addressed the other
agency or staff OutStall(llilg C0111111Cnts and those of the County Attorney in their final October 3, 2016 proffer
statement.
The Planning Commission WaS SLlpportive of tills request Ior a minor proffer modification to the road
phasing and construction and recommended approval.
Following, the public meeting, a decision regarding this rezoning application bl, the Board of
Supervi,vors would be appropriate The Apphcllnt should be prepared to lndegnatell, address all
concerns raised bl, the Board o/'Superhisors.
Rezoning #08- 16 W W W, LC
October 3, 2016
Page 2
This report is prepared hp the Frederick County Planning Staff to provide information to the Planning
Comnrissioii and the Board of'Srrperr,i.vory to assist tl[eli! nl making a decision on this application. Itmav
also be useful to others interested in this toning matter. Unresolved issues concerning this application are
noted by str{ff'where relevant throughout this staff report.
Reviewed
Planning Commission: 08/17/16
Board of Supervisors: 10/12/16
Action
Public Mecting Held; Recommended Approval
Pending; Public Meeting
PROPOSAL: To revise proffers associatecl with Rezoning #03-03. Specifically this action impacts the
implementation of Petticoat Gap Lanc and the extension of Retail Boulevard.
LOCATION: The site is loeatecl at the northwest quach•ant of Northwestern Pike (US Rt. 50 West) and Retail
Boulevardl intersection.
MAGISTERIAL DISTRICT: Gaincsboro
PROPERTY ID NUMBERS: 52-A-B
PROPERTY ZONING: B2 (General Business)
PRESENT USE: Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North:
RA (Rural Areas)
Use: Agricultural
South:
B2 (General Business)
Use: VDOT/Vacant
B3 (Industrial Transition)
Cast:
B2 (General Business)
Use: Vacant/Bank
West:
B2 (General Business)
Use: Vacant
Rezoning #08-16 WWW, LC
October 3, 2016
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Plerr.ve.vee emaily drited 4114116 anr110130115 fi'onr jtl(rtlhcii� Smitll P.G,
Area Land U.ve Engineer.
County Attorney: Please sec latter dated March 10, 2010 from Count), AltorneY Roderic!; R. Williams.
Plannint; & ZoninLy:
1) Site History
The original Frederick County zoning neap (U.S.G.S. Winchester Qua(1rangle) 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. The corresponding revision Of the zoning map resulted
in the re -mapping of the subject property and all other A- I and A-2 zoned land to the RA District. In
1995 parcel 52-A-B was subdivided and sold at auction to WWW L.C. In 2003 the property was
rezoned, with proffers, to the B2 Zoning District.
2) Comprehensive Policy Plan
The WWW, LC site is located within the Round Hill Community Land Use Plan. Tile site is located
wholly within the Sewer and Water Service Area (SWSA). The Round Hill Community Land Use
Plan envisions the development of business/office land uses subject to the availability Of central
sewer and water facilities.
The Round Hill COnllnunity Plan recognizes two distinct yet connected areas ofdevelopnnent. There
is the core rural COnurlunity center area centered around Round Hill Road and the more commercial
areas located along Ronde 50. This rezoning is located within the Route 50 Commercial area.
Tile Round Hill Community Plan reconnmencis the employment of'design techniques to ensure the
COntCXtnal compatibility OI new commercial development ill the Round Hill Community. Such
techniques are intended to preclude the visual disruption of the Route 50 corridor while also
promoting development whose configuration and appearance reflects the established character of the
Round Hill COnlnlunity. It is also noted that strip commercial development is explicitly discouraged
within the Round Hill Community.
3) Proffer Statement
Proffered Street ImproyeNment.y
The Applicant is proffering the following:
Dedicate the right-of-way for the Retail Boulevard Extension and Petticoat Gap Lane within 180
clays of the Conditional Zoning Amendment approval by the Board of Supervisors.
Tile owner shall limit site development to 50,000 square Ieet before Completion Of the construction
or bonding of the Retail Boulevard extension and Petticoat Gap Lane.
Tile owner shall ])I'Cpal'C a pUbhc improvement plain 101' the COnStRICtion Of the above mentioned
9 •
Rezoning #08-16 WWW, LC.
October 3, 2016
Page 4
roadways concurrent with the first site plan that exceeds 50,000 square feet of structul'al area.
4. The Applicant must bond the above noted roadways prior to the issuance of the Certificate of
Occupancy Permit for the site plan which exceeds 50,000 square feet.
5. The Applicant is performing VDOT punch list and taking the actions necessary to get the existing
portion of Retail Blvd. adopted into the system.
6. The combined trip generation for the parcels identified in Master Development Plan #07-04 shall not
exceed 15,000 trips per day witllout further approval from the County. When the total for existing
traffic and the ITC trip generation report projected traffic exceeds 15,000 the Applicant must
perform an updated TIA. Additional site plans will not be approved until the County is satisf fed that
adequate and manageable levels of service will exist on state or internal site roadways.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 08/17/16 MEETING:
Staff reported this rezoning is a minor proffer anlellclnlent regarding the phasing; specifically the
transportation improvements and more specifically the extension of'Retail Boulevard and the completion of
Petticoat Gap Lane. Staff presented an aerial graphic of the site. Mr. Bishop explained the property is
located on the Northwest quadrant of'thc intersection of Route 50 and Retail Boulevard. Staff continued by
presenting a brief'history of the site. Staff reported the site consists of'28.17 acres. Mr. Bishop continued
this property was originally rezoned in 2003 and was nearly 71 acres along the north side of Routc 50 and
west of'Route 37 where businesses such as Walmart, Applcbcc's, and the Bank of Clarke County are located.
Staff explained that pal'tiellIll- rezoning encompassed 1111111crous transportation proffers such as improvements
to Route 50 and the interchange of Route 50 and Route 37. Staff noted in addition, that rezoning called for
the construction of a major collector roadway behind the Walmart to connect Route 50 and Botanical
Boulevard. Mr. Bishop continued through the development process with alternations to the layout that was
envisioned at that time; the first section of the major collector road was constructed as Retail Boulevard,
which has provided the access to the retail area that surrounds Walmart.
Staff' reported the Applicant is now proposing to modify the proffers related to the final portions of the
proffered collector roadway. Staf'f presented the proposed phasing triggers:
• Submit right -of' -way dedication plat for the remaining section of'Retail Boulevard and Petticoat Gap
Lanc within 180 days of conditional zoning amendment approval by the Board of Supervisors.
• Prior to exceeding 50,000 square feet of'site development the Applicant will design and construct or
bond the remainder of Retail Boulevard and Petticoat Gap Lane.
• Construction must occur on or before the completion of the Phase 2 Lutheran Boulevard
Transportation Program.
Mr. Bishop reported some items to note as this application is considered would be that VDOT and the
County Attorney have proviciccl comments regarding concerns they have. Staff explained regarding proffer
B2, VDOT notes that some additional undeveloped parcels from the original rezoning should be included in
the square footage requirement that is being proposed to trigger the roadway and the County Attorney notes
concerns with the fact that the right-of-way is under a different LLC entity and that the contract to construct
in proffer B4 does not represent an actual guarantee to construct the roadway but merely an obligation to a
third party.
Mr. Evan Wyatt representing the Applicant came forward. Mr. Wyatt reported when this property was
originally rezoned the area was not largely commercialized. Mr. Wyatt continued now there are several
0
Rezoning #08-16 W W W, LC.
October- 3, 2016
Page 4
businesses at the location and the road configuration has changed. Ml•. Wyatt llighlighted the important
question when is the right time to builcl Petticoat Gap Lane. Mr. Wyatt notccl the Applicant has gone through
several scenarios with VDOT and the most comfortable approach for VDOT appears to be to linlit the 28
acres to 50,000 square ft.
Mr. Wyatt continued regarding the continent sent forth by the County Attorney, lie explained 1112004 this
parcel was deeded by W W W L.C. to Petticoat Gap L.L.C. and the conditions on the dedication were reserved
for public street purposes. He continued the Applicant has 180 clays to perform and the Applicant has
proposed to acid to proffer B I. It currently states the owner shall prepare and submit a right -of' -way
dedication plat for Petticoat Gap Lane and the uncicveloped portion of'Rctail Boulevard to the County within
180 days of'conditional zoning amendment approval by the Frederick COunty Board Of Supervisors. Mr.
Wyatt noted the Applicant would lilac to add the following to this prolTer; "arid prior to ally development
activity on the property".
A Commission Member coninlented it may have been simpler to add Petticoat Gap L.L.C. as a party to the
proffers if there is a good relationship. Mr. Wyatt this could have been done however he feels with the
addition to B 1 it will result in the same.
A motion was made, seconded, and Unan11l1011Sly recommended approval of REZ #08-16 with the
addition of "and prior to any development activity On the property" to proffer B 1.
Absent: Thomas
EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE
10/12/16 BOARD OF SUPERVISORS MEETING:
Rezoning #03-03 rezoned nearly 71 acres to B2 (General Business) along the north side of'Route 50 West
and Route 37. This is where businesses such as Walmart, Applebec's, Sonic, and the Bank of'Clarke County
are now located. That rezoning encompasscd Illrlller'ous transportation proffcl-S such as improvements to
Route 50 and the interchange of Route 50 and Routc 37. In addition, that rezoning called for the
construction of a major collector roadway behind where the Walmart is now located to connect Route 50 and
Botanical BOulevarcl. This roadway network is depicted in Master Development Plan #07-04 which is also
referenced in the proffers. Through the development process there were alterations to the layout that was
envisioned at that time and the first section of that major collector roadway was constructed as Retail
Boulevard which, along with an additional access point along Route 50, has provided the access to the retail
area that is now anchored by Walmart.
The Applicant is now proposing to modify the proffers related to the implementation of the final portions of
the prOlTerccf collector roadway. The request is to delay the design and construction of Petticoat Gap Lane
and the undevelopecf portion Of Retail Boulevard and to allow up to 50,000 square feet of additional
commercial development on the property before the road construction. As ownership has changed on
significant portions of the original rezoning, the Applicant is seeking the proffer modification on their
remaining 28.17 acres contained in parcel 52-A-B.
Please note that VDOT has provided comments regarding concerns they have. Regarding proffer B2, VDOT
notes that some additional undevelopecf parcels from the original rezoning should be included in the square
footage requirement that is being proposed to trigger the roadway. The Applicant has addressed the other
0 •
Rezoning #08-16 W W W, LC.
October 3, 2016
Page 4
agency Or staff outstallcling CollimcntS and those of the County Attorney in their final October 3, 2016 proflcr
statement.
The Planning Commission was Supportive of this rectuest for a minor prof cr modification to the road
phasing and COnStrlletlon and rccom(11CncIccl approval.
Following the public Ineeting, a decision refmirding this rezoning application bl, the Board of'
Supervisors would be appropriate The Applicant should be prepared to adeguateh, address all
concerns raised hl, the Board of'Supervisors.
RTH
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Map Created: July 14. 2016
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Modified Proffers
540 - 665 - 5651
Map Created: July 14 2016
Staff: jbishop
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420 840 Feet
Greemvay linginecring April 2, 2015
Revised July 20, 2015; Revised February S, 2016
Revised Seplembei 27, 2016 Revved Oclolm 3, 2010
WWW, LC - PROFFER STATEMENT
REZONING: RZ11 08-16 Conditional Zoning Amendment
Business General (132) with Proffers
to BUSlncss General (132) with Revised Proffers
WWW, L' Retuning
PROPERTY: Tax Parcel 52-A-13; 28.17+/- acres (here -in after the "Property")
RECORD OWNER: Winchester Warehousing, Inc. & Silver Lake, LLC
APPLICANT: Winchester Warehousing, Inc. & Silver Lake, LLC (]lore -in after
"Owner")
PROJECT NAME: WWW, LC
ORIGINAL DATE
OF PROFFERS: April 2, 2015
REVISION DATE: ueil�er 27, 20-1-6 October 3, 2016
Prelinlinary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of' Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Owner hereby proffers that in the event the Board O1' Supervisors
Of Frederick COLlnty, Vlrglllla, shall appl-ove conditional "Lolling amendments pertalnlllg
to Rezoning Application #08-16 for the 28.17f-acres Property from the B2, Business
General District with approved proflcrs to the B2, Business General District with revised
proffers, development of the Property shall be clone in conformity with the terms and
conclitions set forth herein, except to the extent that such terms and conditions may be
subsequently amended Or revised by the Owner and such be approved by the Frederick
County Board Of Supervisors ill aCCorclancc 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 cflcct whatsoever. These profi'ers shall be binding upon the
Owner and any legal successors, heirs, or assigns.
The Property, identified as WWW, LC is more particularly identified as "Residue
Winchester Wal-CilOLISillg, Inc., anti Silver Lake, LLC, P/O Tax Map Parcel 52-A-B" on
the Final Subdivision Plat of' the Property of' Winchester Warehousing, Inc. and Silver
Lake , LLC, June 5, 2004, by Gilbert W. Clifford & Associates, recorded as Instrument
Numbcr 040017251.
rile 114928s/EAw
L�
•
(ireemvay Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015: Revised rebruaiy 8, 2016
Revised September 27, 2016 Revised Ocloba 3, 2016
WWW, LC - PROFFER STATEMENT
A. Master Development Plan
The development ol' the Property shall be consistent with Master Development Plan
#07-04 approved by Frederick County on .Lune 30, 2004, except Ior the narrative
pertaining to Petticoat Gap Phasing. The requirements for Petticoat Gap Lane are
spcciGe(I within the Street Improvements Section ol'this Proffer Statement.
B. Street Improvements
The Owner shall design and construct all roads adjoining the subject property
consistent with the County's adopted Round I -Jill Land Use Plan for the area as
provided in these proffers and aS illustrated on Master Development Plan #07-04.
Petticoat Gap Lane and Retail Boulevard are identified on Master
Development #07-04 as 80' right-of-ways. The Owner shall prepare and
submit a right-of-way dedication plat for Petticoat Gap Lane and the
undeveloped portion of Retail Boulevard to the County within 180 days 01'
Conditional Zoning Amendment approval by the Frederick County Board of'
SllpCl'VISOI'S alld l)HO1' tO ally (ICVCIOpillellt activity Oil the Property.
2. The Owner shall limit development on the Property to 50,000 square feet of'
structural area before construction of the undeveloped portion of Retail
Boulevard and Petticoat Gap Lane.
3. The Owner shall prepare a Public Improvement Plan for the ulldevcloped
portion of Retail Boulevard along the eastern boundary of the Property and for
Petticoat Gap Lane throughout the limits of the dedicated right -of' -way area
identified in Section BI of' the Proffer Statement. The Public Improvement
Plan shall be prepared and submitted for review by VDOT and the County
concurrent with the first Site Plan which exceeds 50,000 square feet of
structural area on the Property. The undeveloped portion of Retail Boulevard
shall be designed consistent with the constructed section and Petticoat Gap
Lane shall be designed as a two-lane str'ect sectioIl with a center fell turn lane
Suf'licient to provide for ]eft turn movements at Retail Boulevard and the
intersection lnimc(llately Cast Of Wal-Mart (Tax Map Parcel 52-A-D).
4. The Owner Shall have the option Ol' constructing or bonding the undeveloped
portion of' Retail Boulevard MCI Petticoat Gap Lane sections consistent with
the approved Public Improvement Plan. The Owner shall provide the County
with bonding for construction prior to the issuance of' a Certificate of
File 114928YEAw 2
0
(ireenway Enginecring April 2, 2015 \1'11'\1', LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016 Revised Octolm 3, 2016
Occupancy Permit for the Site Plan which exceeds 50,000 square feet of
structural area On the Property.
Construction Of'
the undeveloped portion of' Retail Boulevard shall
OCCIII- Oil or before the completion of' the Phase 2 Lutheran Boulevard
Transportation Program iclentilied in the approved Proffer Statement for RZ
#01-09.
5. The Owner shall Complete inlprovenients tO the constructed portion 01' Retail
Boulevard consistent with the Retail Boulevard Punch List Items identified in
the September 21, 2016 correspondence from the Virginia Department of
Transportation (VDOT). Completion of' the Retail Boulevard PLInch List
Items shall occur within 180 clays of Conditional Zoning Amendment
approval by the Frederick County Board Ol' Supervisors and prior to any
development activity on the Property. Completion of the Retail Boulevard
Punch List Items identified in the September 21, 2016 correspondence Ironl
VDOT shall fulfill the Owner's requirenlent for the constructed portion of
Retail Boulevard.
6. The combined trip generation (ADT) for the parcels identifiec in Mastcr
Development Plan 1107-04 shall not exceed 15,000 TPD (average weekday
volume) without further approval by the County. The trip generation From the
project may be measured by the Owner from data collected from actual traffic
counts and from ITC generation counts. The combined traffic impact From the
overall site iclentilied in Master Development Plan #07-04 is not to exceed
15,000 TPD (average weekday volume) whcn actual counts and ITE
generation Counts are added for Curm.dative total. I1' the total for any site
causes the Cumulative total for the overall site identified in Master
Development Plan 1107-04 to exceed 15,000 TPD, then it is agreed that the
applicant shall not file additional site plan applications until the County is
satisfied that adequate and manageable levels of service will exist on state Or
internal site roadways. The applicant shall perform an updated TIA of' the
project intersections on U.S. ROlrtc 50 and of the Route 50/Route 37
interchange when traffic generation from the site identified in Master
Development Plan #07-04 reaches 15,000 TPD (average weekday volume).
The County may revise this 15,000 TPD limit upward, Without modification
of this proffer agreement, should results of the TIA show that additional
loading is appropriate.
C. Property Design I'Ctltlir'CS
rile 11,1928S/I:A\1'
3
•
•
Greemvay Engineering April 2, 2015 1\'\1 W, LC Rezonine
Revised July 20, 201 5; Revised February S, 2016
Revised September 27, 2016 Revised ( ktohei 3, 2010
Development of the Property shall include the following landscape design features
identified on Master Development Plan #07-04 approved by Frederick County on
.lunc 30, 2004.
A fifty toot (50') landscaped green strip along the U.S. Route 50 West frontage of'
the Property IIICILIding all 8' hiker/biker trail. Internal parking, travel ways and
C0111111CI-Clal structLu•Cs shall be setback a minimum of 50' from U.S. Route 50
West. The landscaped green strip and hiker/biker trail sliall be developed in
COIIjLlllCtI011 With approved Site Plans that front along U.S. Route 50 West.
2. Individual sites developed on the Property shall be designed with inter -parcel
connections where practical based on topographic constraints of the Property.
3. Metal exteriors shall be prohibited for all buildings constructed Bn the Property.
4. The Owner shall establish a Property Owners Association for the Property that
will be governed by a Board of Directors that will be responsible Ior review of all
plans of development to ensure conformity to all requirements identified in
Master Development Plan #07-04 and all requirements associated with private
deed and covenant restrictions.
OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES
File I14928YFAW 4
0ecnway Engineering April 2, 2015 \\'\1'\\', Lc' Retuning
Revised hily 20, 2015; Revised Pcbmaty S, 2016
Revised September 27, 2016 Rcviscd ( )ctuhct 3, 2010
Owner Signature
The conditions proffered above shall be binding upon the heirs, executors,
ac11111III strators, assigns and successors in the interest Of' the Owner. In the event
the Frcdcrlck County Board Of SupCI"VISOI'S grants this rezoning and accepts the
conditions, the pl'Of iCl'cd conditions Shall apply to the land rezoned in addition to
other requirements Set forth in the Frccicrick County Code.
Rcspcctfillly Submitted:
By:
Winchester Warehousing, Inc. Date
Commonwealth of Virginia,
City/County Of' To Wit:
The foregoing instrllnlcnt was acknowledged bclorc me this day of'
20 by
Notary Public
My Commission Expires
File 114928S/EAw
5
(ireemvay Engineering April 2, 2015 \V\V\\', LC Rcioning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016 Rcviscd October 3, 2010
Owner Sipmature
The conditions proffered above shall be bin(ling upon the heirs, executors,
administrators, assigns and successors in the interest of' the Owner. In the event
the Frcclerick County Board 01' Supervisors grants this rezoning and accepts the
conditions, the proflcred conditions shall apply to the land rezonecl in addition to
other requirements set forth in the Frederick County CO(IC.
Respecttillly Submitted:
By:
Silvcr Lake, LLC Date
Commonwealth of Virginia,
City/County 01' To Wit:
The foregoing 111Str11►11CIlt N gas acknowlc(Iged bClore 111E this clay of'
20 by
Notary Public
My Commission Expires
File 114928S/I:A\V' 6
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Greenway Engineering April 2, 2015
Revised July 20, 2015; February 8, 2016
WWW, LC - PROFFER STATEMENT
REZONING: RZ# Conditional Zoning Amendment
Business General (B2) with Proffers
to Business General (B2) with Revised Proffers
WWW, LC Rezoning
PROPERTY: Tax Parcel 52-A-B; 28.17+/- acres (here -in after the "Property")
RECORD OWNER: Winchester Warehousing, Inc. & Silver Lake, LLC
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
Winchester Warehousing, Inc. & Silver Lake, LLC (here -in after
"Owner")
WWW, LC
April 2, 2015
February 8, 2016
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 Owner hcrcby proffers that in the event the Board of Supervisors
of Frederick County, Virginia, shall approve conditional zoning amendments pertaining
to Rezoning Application # for the 28.17f-acres Property from the B2, Business
General District with approved proffers to the B2, Business General District with revised
proffers, development of the 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 Owner 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
Owner and any legal successors, heirs, or assigns.
The Property, identified as WWW, LC is more particularly identified as "Residue
Winchester Warehousing, Inc., and Silver Lake, LLC, P/O Tax Map Parcel 52-A-B" on
the Final Subdivision Plat of the Property of Winchester Warehousing, Inc. and Silver
Lake , LLC, June.5, 2004, by Gilbert W. Clifford & Associates, recorded as Instrument
Number 040017251.
File #4928S/EAW
• 0
Greenway Engineering April 2, 2015
Revised July 20, 2015; February 8, 2016
WWW, LC - PROFFER STATEMENT
A. Master Development Plan
W W W, LC Rezoning
The development of the Property shall be consistent with Master Development Plan
#07-04 approved by Frederick County on June 30, 2004, except for the narrative
pertaining to Petticoat Gap Phasing. The requirements for Petticoat Gap Lane are
specified within the Street Improvements Section of this Proffer Statement.
B. Street Improvements
The Owner shall design and construct all roads adjoining the subject property
consistent with the County's adopted Round Hill Land Use Plan for the area as
provided in these proffers and as illustrated on Master Development Plan #07-04.
1. Petticoat Gap Lane and Retail Boulevard are identified on Master
Development #07-04 as 80' right-of-ways. The Owner shall prepare and
submit a right-of-way dedication plat for Petticoat Gap Lane and the
undeveloped portion of Retail Boulevard to the County within 180 days of
Conditional Zoning Amendment approval by the Frederick County Board of
Supervisors.
2. The Owner shall limit development on the Property to 50,000 square feet of
structural area before construction of the undeveloped portion of Retail
Boulevard and Petticoat Gap Lane.
3. The Owner shall prepare a Public Improvement Plan for the undeveloped
portion of Retail Boulevard along the eastern boundary of the Property and for
Petticoat Gap Lane throughout the limits of the dedicated right-of-way area
identified in Section B1 of the Proffer Statement. The Public Improvement
Plan shall be prepared and submitted for review by VDOT and the County
concurrent with the first Site Plan which exceeds 50,000 square feet of
structural area on the Property. The undeveloped portion of Retail Boulevard
shall be designed consistent with the constructed section and Petticoat Gap
Lane shall be designed as a two-lane street section with a center left turn lane
sufficient to provide for left turn movements at Retail Boulevard and the
intersection immediately east of Wal-Mart (Tax Map Parcel 52-A-D).
4. The Owner shall have the option of constructing or bonding the Retail
Boulevard and Petticoat Gap Lane sections consistent with the approved
Public Improvement Plan. The Owner shall provide the County with bonding
or evidence of an executed contract for construction prior to the issuance of a
Certificate of Occupancy Permit for the Site Plan which exceeds 50,000
File ##4928S/EAW 2
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Greenway Engineering April 2, 2015 W W W, LC Rezoning
• Revised July 20, 2015; 176niary 8, 2016
square feet of structural area on the Property. If the Owner provides bonding
for the completion of the Retail Boulevard and Petticoat Gap Lane sections
consistent with the approved Public Improvement Plan, construction of these
road improvements shall occur on or before the completion of the Phase 2
Lutheran Boulevard Transportation Program identified in the approved Proffer
Statement for RZ #01-09.
5. The combined trip generation (ADT) for the parcels identified in Master
Development Plan #07-04 shall not exceed 15,000 TPD (average weekday
volume) without further approval by the County. The trip generation from the
project may be measured by the Owner from data collected from actual traffic
counts and from ITE generation counts. The combined traffic impact from the
overall site identified in Master Development Plan #07-04 is not to exceed
15,000 TPD (average weekday volume) when actual counts and ITE
generation counts are added for cumulative total. If the total for any site
causes the cumulative total for the overall site identified in Master
Development Plan #07-04 to exceed 15,000 TPD, then it is agreed that the
applicant shall not file additional site plan applications until the County is
satisfied that adequate and manageable levels of service will exist on state or
internal site roadways. The applicant shall perform an updated TIA of the
project intersections on U.S. Route 50 and of the Route 501Route 37
interchange when traffic generation from the site identified in Master
Development Plan #07-04 reaches 15,000 TPD (average weekday volume).
The County may revise this 15,000 TPD limit upward, without modification
of this proffer agreement, should results of the TIA show that additional
loading is appropriate.
C. Property Design Features
Development of the Property shall include the following landscape design features
identified on Master Development Plan 1/07-04 approved by Frederick County on
June 30, 2004.
A fifty foot (50') landscaped green strip along the U.S. Route 50 West frontage of
the Property including an 8' hiker/biker trail. Internal parking, travel ways and
commercial structures shall be setback a minimum of 50' from U.S. Route 50
West. The landscaped green strip and hiker/biker trail shall be developed in
conjunction with approved Site Plans that front along U.S. Route 50 West.
2. Individual sites developed on the Property shall be designed with inter -parcel
connections where practical based on topographic constraints of the Property.
3. Metal exteriors shall be prohibited for all buildings constructed on the Property.
•
File 1I4928s/EAW
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Revised July 20, 2015: February 8, 2016
•
4. The Owner shall establish a Property Owners Association for the Property that
will be governed by a Board of Directors that will be responsible for review of all
plans of development to ensure conformity to all requirements identified in
Master Development Plan #07-04 and all requirements associated with private
deed and covenant restrictions.
OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES
n
U
File #4928SBAW 4
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•
Greenway Engineering April 2, 2015 W W W, LC Rezoning
0 Revised July 20, 2015; February 8, 2016
Owner Signature
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Owner. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to
other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By: C-�46^ 111
1 �l l�
Winchester Warehousing, Inc. Date
Commonwealth of Virginia,
• City/coup y of To Wit:
r]
The foregoing instrument was acknowledged before me this o29l` Jay of
20 I G by ALCl '-'LC
My Commission Expires n, ` • 60, 112�/8
File J#4928S/EAW
CINDY GROVE
NOTARY PUBLIC
Commonwealth of Virginla
Reg. #1B4a54
-z�-
No ry Public
• 0
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015, February 8, 2016
Owner Signature
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Owner. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to
other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By:
Silver e, LLC
Commonwealth of Virginia,
City/c-� of °diJ�� _ _ _ To Wit:
6LV6
Date
The foregoing instrument was acknowledged before me this --� RWay of
201 (, by
H
,I , &'-,
NAary Public
My Commission Expires 60,
•
•
CINDY GROVE
NOTARY PUBLIC
Commonwealth of Virginia
Reg.#184054
•
File #4928S/EAW 6
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AMENDMENT
Action:
PLANNING CONMISSTON: June 18, 2003 - Recommended Approval
BOARD OF SUPERVISORS: July 9, 2003 - X APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 1103-03 FOR WWW, L.C. PROPERTY
WHEREAS, Rezoning 403-03 of the WWW, L.C. Property, was submitted by G. W. Clifford &
Associates, Inc., to rezone 70.9065 acres from RA (Rural Areas) to B2 (Business General) with revised
proffers. This property is located nortli and adjacent to Route 50, approximately 1700 feet west of the
Route 37 Intercbange, and identified with Property Identification Numbers 52-A-B and 53-A-79 in the
Gainesboro Magisterial District; and
• WIFIEREAS, the Planning Commission beld a public hearing on this rezoning on June 18, 2003;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 9, 2003; and
VaMREAS, 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 70,9065 acres from RA (Rural Areas) to B2 (Business General) with revised proffers as
described by the application and plat submitted, subject to the attached conditions voluntarily
proffered in writing by the applicant and the property owner.
PDRes IE-03
0
0
0
This ordinance shall be in effect on the date of adoption.
Passed this 9`' day of July 2003 by the following recorded vote:
Richard C. Shickle, Chairman
Gina A. Forrester
W. Harrington Smith, Jr
Lynda J. Tyler
PDRes_ H 18-03
OARS I.,IDU0003 RQOnins Raolwou\WWW wpd
Aye_ Sidney A. Reyes Nab_
Nay Margaret B. Douglas Absent
Absent Robert M. Sager Aye
Aye
A COPY ATTEST
J hn .Riley, Jr.
lir erick County Administrator
•
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REZONING REQUEST PROFFER
Property Identification Number 52-A-B and 53-A-79
Gainesboro Magisterial District
WWW, L.C.
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, shall approve Rezoning Application h03-03 for
the rezoning of 70.9065 acres from Rural Area (RA) Zoning District to the Highway
Commercial (B-2) Zoning District, development of the subject property shall be done in
conformity with the terms and conditions set forth berein, 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, dated June 20, 2003,
• sheet 5 of 5, which is attached hereto and incorporated herein by reference.
Street Improvements
The Applicant shall design and construct all roads on the subject property
consistent with the County's adopted Round I-B 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.
On U.S. Route 50 a new intersection shall be created to allow the relocation of
VA Route 803 and to allow the intersection with a major collector road serving
the WWW site. Work involved with this item to include left turn lanes on U.S.
Route 50 westbound lane and eastbound lane within the median and right turn
lanes onto Route 803 (EBL) and the major collector (WBL). The intersection to
be stoplight controlled. The design for Route 803 relocation to be provided by
owner. It is anticipated that the Route 803 relocation will be supplied by VDOT
funding. The applicant will be responsible to insure that funding is in place at
the time of the initial site development phase of the project since the Route 803
relocation is a requirement for initial operation of the commercial center. See
item (1),
2. On U.S. Route 50, a new travel lane to be constructed on the north side of the
westbound lane from the termination of the WMC (deGrange) proffer to the
• western limits of the WWW, L.C. site. See item •(2).
(Revised 6/20/03) Page 1 of 5
0 •
Two unsignalized intersections with U.S. Route 50 to be constructed at existing
crossover points as shown. This includes all work necessary to upgrade the
crossovers to VDOT standards. See item (3).
4, A major collector road with 5 lane connection to U.S. Route 50 and extending
approximately 2900' to connection with the major collector to be constructed by
the Winchester Medical Center. The time and phasing sequence of this road
will be determined at the time of Master Development Plan approval. See item
(4).
5. On VA Route 37 an additional travel lane with transition shall be added to the
northbound on ramp, i.n order to accommodate the dual lane left turn on U.S.
Route 50, eastbound lane constructed by WMC.
Transportation items 1, 2, 3 and 5 shall be constructed during the initial site
development phase of the project and shall be either complete or bonded for
completion prior to issuance of the first occupancy permit. In the event the
Winchester Medical Center has not constructed items l through 6 contained in
their proffer of April 3, 2003 (as approved by the Frederick County Board of
Supervisors) then WWW, L.C. will cause this construction to proceed
simultaneously with items 1, 2, 3 and 5 above so that all Route 50 and Route 37
improvements contemplated by both of the proffers will be completed prior to
issuance of the first occupancy permit at WWW, L.C.
The applicant shall limit entrance connections onto U.S. Route 50 to three
points as shown. on GDP.
The applicant shall prepare a traffic generation estimate for uses established by •
the Site Development Plan to be submitted for initial construction approval to
the County. The combined trip generation (ADT) shall not exceed 15,000 TPD
(average weekday volume) without further approval by the County. The actual
trip generation from the project shall be measured by the WWW, L.C_
Management a=ally, from data collected in May and with results due on July
1 of each year, and be available for review as individual site plans and
subdivisions for future uses are submitted for review by VDOT and the County.
The combined traffic impact from the 70 acre site is not to exceed 15,000 TPD
(average weekday volume) when current actual counts and proposed counts are
added for cumulative total. If the cumulative total for any site plan at WWW
causes the total to exceed 15,000 TPD then it is agreed that the applicant shall
not file additional site plan applications until the County is satisfied that
adequate and manageable levels of service will exist on state or internal site
roadways. The SIC code system and the M shall be utilized for the subject
projections. The applicant shall perform an updated TZA, of the project
intersections on U.S. Route 50 and of the Route SO/Route 37 interchange when
traffic generation from the 70 acre site reaches 15,000 TPD (average weekday
volume). The County may revise this 15,000 TPD limit upward, without
modification of this proffer agreement, should results of the TIA show that
additional loading is appropriate.
Historic Preservation
The existing home (#469) to be characterized by historical report prior to
removal.
•
(Revised 6/20/03) Page 2 of 5
•
• Landscape Desi -n Features
The development of the subject property, and the submission of any Master
Development Plan shall include the following landscape design feature provided in these
proffers and as illustrated on the Generalized Development Plan dated June 20, 2003 which
is attached hereto and incorporated herein by reference.
A fifty foot (50') landscaped green slip along the US Route 50 frontage portion
of the site including an 8' hiker/biker trail. Internal parking, travelways and
commercial structures shall not extend closer than 50' to front night of way line
on U.S. Routs 50. Inset of the GDP (sheet 5 of 5) is an illustrative detail shown
for the purpose of establishing a standard of quality to be implemented upon
final design.
A ten foot (I0') landscaped buffer area along the northern property he
Iandscaped with white pine evergreen trees or an equal plant species, with white
pines to be a minimum of four feet (4D in height when planted and planted at ten
foot (10') intervals. (#6)
On Site Development
All structures shall be designed to meet the following standards:
Materials utilized for the facades of the buildings shall include but not be
limited to concrete masonry units (CMU) brick, architectural block, dryvit, or
other simulated stucco (EFIS), real or simulated wood and/or glass.
• 2. 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.
•
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.
4. A single monument type sign shall be utilized near each project entrance (total
of 3) to describe internal features. Sign height shall be limited to 20' within the
50' landscape area along U.S. Route 50. Individual signs to be allowed per
ordinance requirements to announce individual uses. On building signage to be
the preferred sign type for individual uses. No other signs shall be located
within the 50' buffer area.
The Applicant shalt record and include in each deed as well as provide Frederick
County with a complete set of Covenants and Restrictions pursuant to site design
developed and approved by Frederick County at the time of master plan. The Applicant
shall appoint an Architectural Control Committee with responsibility for insuring strict
adherence to the approved Master Development Plan, covenants and restrictions.
Property owners shall be notified of conditions retating to adjoining active
agricultural operations.
(Revised 6/20/03) Page 3 of 5
• 0
Geotechnical Study •
The Applicant shall prepare a site geotechnical analysis and study for this site,
as appropriate for the proper siting and design of improvements, prior to beginning
construction of site improvements and buildings.
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 70.9065 acres, lying on the north side of U.S. Route 50 in the Gainesboro
Magisterial District of Frederick County, Virginia from RA to B2, the undersigned will pay
to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00,
the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of
$5,000:00 for a total payment of $35,000.00, at the time issuance of the first building
permit of the subject 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.
Respectfi ly submitted,
PROPERTY OWNER •
By: ,t.L By:
garnnes R Wilkins, Jr. U C. Robert SoIenberger
Date: 6/9,7%3 Date: a 40-2
STATE OF VIRGMA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this o`7�1ti- day of
2003, by .� _
My comrnissi n expires c0 c2n06 .
Notary Public
C]
(Revised 6120103) Page 4 of 5
•
Evan Wvatt
From: Funkhouser, Rhonda (VDOT) <Rhonda.FunkhouserOVDOT.VirglnIa,gov> on behalf of Smith,
Matthew, P.E. (VDOT)<Matthew.Smith®vdot.virginia.gov>
Sent: Thursday, April 14, 2016 10:23 AM
To: Evan Wyatt
Cc: jbishop@fcva.us; Smith, Matthew, P.E. (VDOT); Campbell, Adam (VDOT); Short, Terry
(VDOT); Ingram, Lloyd (VDOT)
Subject: WWW, LC Revised Proffer Statement - VDOT Comments
DEPARTMENT OF TRANSPORTATION
Staunton/Edinburg Land Development
14031 Old Valley Pike
Edinburg, VA 22824
We have completed the VDOT review of the Revised Proffer Statement for WWW, LC. Please find our review
comment below:
The proffer should be updated to specify the additional 50,000 SF development trigger includes all vacant
parcels associated with the original rezoning not just Parcel 52-A-B, but to also include Parcels 52-A-
D,E,F,H, & M. We also recommend the "50,000 SF of structural area" be updated to "50,000 SF of gross
floor area" in Proffer B.2.
• Should you have any questions, do not hesitate to call.
Matthew B. Smith, P.E. I Area Land Use Engineer
Virginia Department of Transportation
Clarke, Frederick, Shenandoah & Wa, ren Counties
1-1031 Old Valley Pike
Edinburg, VA 22821
voice: 540/981-5615
fax: 510/981-5607
e-mail: Matthew.Smith@vdot,virgInIa.gov
•
•
Evan Wyatt
0 From: Funkhouser, Rhonda (VDOT) <Rhonda. Fun khouser0VDOT. Virgin ia.gov> on behalf of Smith,
Matthew, P.E. (VDOT) <Matthew. Smith 0 vdot.vi rgin ia. gov>
Sent: Friday, October 30, 2015 1:38 PM
To: Evan Wyatt
Cc: John Bishop; Campbell, Adam (VDOT); Short, Terry (VDOT); Lineberry, Jeff, PE (VDOT);
Smith, Matthew, P.E. (VDOT); Ingram, Lloyd (VDOT)
Subject: WWW Proffer Revisions - VDOT Comments 10.30.15
Evan,
District Planning has reviewed the submitted proffers on the WWW LLC property. Our comments are as
follows:
Proffer 2 provides three external triggers (which are actually non -enforceable) for requiring the
owner to complete Retail Boulevard and a half -section of Petticoat Gap Lane. The Lutheran
Boulevard trigger should be revised to state "upon extension of Lutheran Boulevard to the shared
property line between the WWW LLC property and RZ #01-09" instead of the "completion" of the
road to Retail Boulevard. The "public street system" in the Trumpet Interchange trigger should be
clarified.
• The proffer also provides an internal trigger, that the road improvements will be constructed by
the owner (assuming the external triggers have not been met) prior to the approval of the final
• site plan on the WWW LLC property. This trigger may create a scenario where a small pad site on
the property is left undeveloped for years and the internal road network is not completed by the
owner. We recommend that the proffer should be updated to have the owner responsible for the
completion of Retail Boulevard and a half section of Petticoat Gap Lane from Retail Blvd to
Botanical Blvd prior to the issuance of an occupancy permit that adds 50,000 S.F. of additional
development to the site (cumulatively or as a single permit). The full section of Petticoat Gap Lane
should be constructed by the owner prior to the approval of the final site plan on the WWW LLC
property.
Should you have any questions regarding these comments, do not hesitate to contact this office.
Matthew B. Smith, P.E.
Virginia Department of Transportation
Matthew.Smith@vdot.virginia.gov
is
• 9
•
•
COUNTY of FR.EDER.ICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail:
rwillia@co.frederick.va.us
March 10, 2016
VIA E-MAIL AND REGULAR MAIL
Mr. Evan W yaa
Greenway Engineering
151 Windy Hill Lane
Winchester VA 22602
Re: Rezoning Application — W W W, LC Rezoning
Proffer Statement dated April 2, 2015, revision date February 8, 2016
Dear Evan:
You have submitted to Frederick County for review the above -referenced proffer
statement (the "Proffer Statement") for the proposed rezoning of Tax Parcel Number 52-
A-B (the "Property"), 28.17± acres, more or less, in the Gainesboro Magisterial District,
from the B2 General Business District, with proffers, to the B2 General Business District,
with revised proffers. I have now reviewed the Proffer Statement and it is my opinion
that the Proffer Statement would be in a form to meet the requirements of the Frederick
County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a
proffer statement, subject to the following comments:
• Proffer B 1— Street Improvements — Will the indicated portions of Petticoat Gap
Lane and Retail Boulevard actually be on the adjoining parcels (53-A-A and 53-
A-A 1)? If so, staff should be aware that the proffer is dependent upon the
dedication of rights -of -way by entities that are legally separate from the owners of
the Property.
Proffer B4 — Street Improvements — The option to provide either bonding or
evidence of an executed contract does not ensure actual completion of the
improvement. An executed contract represents only a financial obligation of the
owners to a third party contractor and that obligation could be significantly
impaired were the owner to encounter financial distress. A bond, on the other
hand, is a guarantee by a third party whose financial wherewithal meets certain
standards, so that, in the event of a default by the owners, the bond surety could
107 North Kent Street - Winchester, Virginia 22601
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Mr. Evan Wyatt
March 10, 2016
Page 2
provide the necessary funds to accomplish completion of the proffered
improvement.
Proffer C4 — Property Design Features — The proffer proposes a "Board of
Directors for the Property". A "board of directors" is not an actual legal entity. It
would appear that the proper means to accomplish the proffer would be the
creation of a property owners' association (which itself would be governed by a
board of directors).
I have not reviewed the substance of the proffers as to whether the proffers are
suitable and appropriate for this specific development, as my understanding is that_review
will be done by staff and the Planning Commission.
Sincer ly,
r
Roderick B. Williams
County Attorney
cc: John Bishop, Deputy Director of Planning & Development, Frederick County (via
e-mail) •
0
1]
0
•
•
Evan Wyatt
From: John Bishop <Jbishop@fcva.us>
Sent: Tuesday, May 10, 2016 1:45 PM
To: Evan Wyatt
Subject: www
Evan;
I have gone over WWW and reviewed VDOT's comments. I have no additional comments to add.
Thank you
John
0 •
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Plarrnirtg Staff.' 0 p
Fee Amount Paid $ / 000
Zoning Amendment Number / (P Date Received 1 (0 I h +
PC Hearing Date t 7 BOS Hearing Date l ' I (n }
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: Greenway Engineering, Inc.
Telephone: 540-662-4185
Address: 151 Windy Hill Lane
Winchester, VA 22602
2. Property Owner (if different than above):
• Name: Silver Lake, LLC & Winchester Warehousing, Inc Telephone: 540-662-7215
Address: 13 South Loudoun Street
Winchester, VA 22601
3. Contact person if other than above:
Name: Evan Wyatt Telephone: 540-662-4185
4. Property Information:
a. Property Identification Number(s): 52-A-B
b. Total acreage to be rezoned: N/A - Conditional Zoning Amendment
C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being
rezoned): N/A - Conditional Zoning Amendment
d. Current zoning designation(s) and acreage(s) in each designation: B2 District
28.17+/- acres with approved proffers
e.
f
Proposed zoning designation(s) and acreage(s) in each designation: B2 District
28.17+/- acres with modified proffers
Magisterial District(s): Gainesboro District
is 12
E
0
•
5. Checklist: Check the following items that have been included with this application.
Location map _[�✓ J Agency Comments (✓ i
Plat _ ✓ Fees
Deed to property _r ✓ 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:
Silver Lake, LLC - James R. Wilkins, Jr. & James R. "Richie" Wilkins, III
Winchester Warehousing, Inc. - Robert Solenberger & Diane Kearns
7. Adjoining Property: 101
PARCEL ID NUMBER USE ZONING
N/A - Conditional Zoning
Amendment
8. Location: The property is located at (give exact location based on nearest road and distance from
nearest intersection, using road names and route numbers):
The WWW, LC property is located at the northwest side of the Northwestern Pike (US Rt. 50 West) and Retail Boulevard intersection.
13 0
0
E
•
9. The following information should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes: Townhome: Multi -Family:
Non -Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: 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): (l . r Date:
Date:
�q naQC6' �I
Owner(s): clkDate: �b
1 ut W NLa2 IAAPLTbWIu Date: 29/16
is 14
11
0
cK 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) Silver Lake, LLc
(Phone) (540) 662a216
(Address) 13 South Loudoun Street Winchester, VA 22601
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 030016328 on Page 0497 , and is described as
Parcel: 52 Lot: A Block: B Section: Subdivision:
do hereby make, constitute and appoint:
(Name) Greemvay Engineering, Inc.
(Address) 151 Windy Hill Lane Winchester, VA 22602
(Phone) (540) 662-4185
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
Rezoning (including proffers)
Conditional Use Permit
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
Variance or Appeal
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereo�(we) have hereto set my (our) hand and seal this Q �, day of , 20_&,
Signature(s)
State of Virginia, City/Ceuuty of �� �,(�+� , To -wit:
I, � a Notary Public in and for the jurisdiction aforesaid,
certify that the pers (s) who signed to the foregoing instrument personally appeared before me and has
acknowledged the same before me in the jurisdiction aforesaid this _,Jg_'ygay of� 20 /(o .
n
ission Expires: �LM� . � , 0?eilg
Notary Publi CINDY GROVE
NOTARY PUBLIC
Rep.#184054
11
i
• cK Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: w�vw.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) Winchester Warehousing, Inc. (Phone) (540) 667-3390
(Address) 13 South Loudoun Street Winchester, VA 22601
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 0"16328 on Page 0497 , and is described as
Parcel: 52 Lot: A Block: a Section: Subdivision:
do hereby make, constitute and appoint:
(Name) creenway Engineering, Inc. (Phone) (540) 662-41a5
• (Address) 151 Windy Hill Lane Winchester, VA 22602
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
Rezoning (including proffers)
Conditional Use Permit
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
Variance or Appeal
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, I (we) have hereto set my (our) hand and seal this _ A,-)01 day of VAP-C , 20 fit- ,
Signature(s)'Z-6 tee k7r<
State of Virginia, Cityr—out!tty of To -wit:
I, L� &_ , a Notary Public in and for the jurisdiction aforesaid,
certify that the pers (s) who signed to the foregoing instrument personally appeared before me and has
acknowledged the same before me in the jurisdiction aforesaid this c�17%Qlay of 20 16 .
My Commi sion Expires: 'tom, 30, avl8
Notary Publ
�CINDY GROVE
ARY PUBLIC
#iB4o54
> 46
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0 •
REZONING APPLICATION #08-16
WWW, LC
Staff Report for the Planning Commission
Prepared: August 9, 2016
Staff Contact: John A. Bishop, AICP Assistant Director -Transportation
Reviewed Action
Planning Commission: 08/17/16 Pending; Public Meeting
Board of Supervisors: 09/14/16 Pending; Public Meeting
PROPOSAL: To revise proffers associated with Rezoning 903-03. Specifically this action impacts the
implementation of Petticoat Gap Lane and the extension of Retail Boulevard.
LOCATION: The site is located at the northwest quadrant of Northwestern Pike (US Rt. 50 West) and Retail
Boulevard intersection.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/17/16 PLANNING
COMMISSION MEETING:
Rezoning 1103-03 rezoned nearly 71 acres along the north side of Route 50 west of Route 37 where
businesses such as Walmart, Applebec's, Sonic, and the Bank of Clarke County are now located. "chat
rezoning encompassed I1LII11CI'OLIS transportation proffers such as improvements to Route 50 and the
interchange of Route 50 and Route 37. In addition, that rezoning called for the C011StrLICtiOII of a major
collector roadway behind where the Walmart Is now located to connect ROLIte 50 and Botanical Boulevard.
This roadway network is depicted in Master Development Plan fl07-04 which is also referenced in the
proffers. Through the development process there were alterations to the layout that was envisioned at that
time and the first section of that major collector roadway was constructed as Retail Boulevard which, along
with an additional access point along ROLIte 50, has provided the access to the retail area that Is now anchored
by Walmart.
The Applicant IS now proposing to modify tile proffers related to the implementation of the filial portions of
the proffered collector roadway. As ownership has Changed oil significant portions of the original rezoning,
the Applicant is seeking the proffer modification on their remaining 28.17 acres contained in parcel 52-A-B.
Some items to note as this application is considered would be that VDOT and the County Attorney have
provided comments regarding concerns they have. Regarding proffer B2, VDOT Motes that some additional
undeveloped parcels from the original rezoning should be included in the square footage requirement that is
being proposed to trigger the roadway and the County Attorney notes concerns with the fact that the right-of-
way is under a different LLC entity and that the contract to construct in proffer B4 does not represent an
actual guarantee to construct the roadway but merely an obligation to a 3`d party.
Staff is supportive of this request for a minor proffer modification to the road phasing and construction
subject to VDOT and County Attorney comments.
A meoil meiidatioit i'egardhiQ this mzoilitig application to the Boai'd ofSupei'VIsoi's {UOuhl be
appropriate The Applicant should be prepared to adeguatelt, adrh•ess all concerns raised by the
PlaililiilQ Coil mission.
0 •
Rezoning#08-16 WWW, LC
August 10, 2016
Page 2
This reI)ort is' prelm-ed by the Frederick County Planning Staff to provide information to the Planning
Commi,vion and the Board of Snpervivory to avviS7 them in slaking a dedvio 1 on thi.v application. It /nty
also be Useful to others interested in this zoning matter. Unresolved issues concerning this(II)phCat/On are
noted by staff'where relevant throughout this staff report.
Reviewed Action
Planning Commission: 08/17/16 Pending; Public Meeting
Board of Supervisors: 09/14/16 Pending; Public Meeting
PROPOSAL: To revise proffers associated with Rezoning 1iO3-03. Specifically this action impacts the
implementation of Petticoat Gap Lane and the extension of Retail BOLIlevard.
LOCATION: The site is located at the northwest quadrant of Northwestern Pike (US Rt. 50 West) and Retail
Boulevard intersection.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY 11) NUMBERS: 52-A-B
PROPERTY ZONING: B2 (General Business)
PRESENT USE: Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Agricultural
South: B2 (General Business) Use: VDOT/Vacant
B3 (industrial Transition)
East: 132 (General Business) Use: Vacant/Bank
West: B2 (General Business) Use: Vacant
Rezoning H08-16 WWW, LC
August 10, 2016
Page 3
REVIEW EVALUATIONS:
Vir£;inia Dept. of Transportation: Please sec emails dated 4114116 anc110130115_Ji-om il1a[theu, Smilh P.L,
Area Land Use Engineer.
County Attorney: Please see letter dated March 10, 2016 from Comely Attorney Roderick B. Gf'illiams.
Planning & Zouin2:
I) Site History
The original Frederick County zoning map (U.S.G.S. Winchester 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. The corresponding revision of tile zoning map resulted
in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. In
1995 parcel 52-A-B was subdivided and sold at auction to WWW L.C. In 2003 the property was
rezoned, with proffers, to the B2 Zoning District.
2) Comprehensive Policy Plan
The WWW, LC site is located within the Round Hill Community Land Use Plan. The site is located
wholly within the Sewer and Water Service Area (SWSA). The Round Hill Conlnlunity Land Use
Plan envisions the development of business/office land uses subject to the availability of central
sewer and water facilities.
The Round Hill Conlnlunity Plan recognizes two distinct yet connected areas ofdevelopment. There
is the core rural community center area centered around Round Hill Road and the more conlnlercial
areas located along ROUtc 50. This rezoning is located within the Route 50 Commercial area.
The Round Hill Community Plan recommends the employment of design techniques to ensure the
contextual compatibility of new commercial development in the Round Hill Community. Such
techniques are intended to preclude the visual disruption of the Route 50 corridor while also
promoting development whose coil figUration and appearance reflects the established character of the
Round 1-till Community. It is also noted that strip commercial development is explicitly discouraged
within the Round Hill Conlnlunity.
3) Proffer Statement
Proffered Street Improvements
The Applicant is proffering the following:
I. Dedicate the right-of-way for the Retail Boulevard extension and Petticoat Gap Lane within 180
days of the Conditional Zoning Amendment approval by the Board of Supervisors.
2. The owner shall limit site development to 50,000 square feet before completion of the construction
of the Retail Boulevard extension and Petticoat Gap Lane.
3. The owner shall prepare a public improvement plan for the construction of the above mentioned
Rezoning #08-16 W W W, LC.
August 9, 2016
Page 4
roadways concurrent With the first site plan that exceeds 50,000 square feet of structural area.
4. The Applicant must bond or provide evidence of ail executed contract for construction of tile above
noted roadways prior to the issuance of the Certificate of Occupancy Permit for the site plan which
exceeds 50,000 square feet.
5. The combined trip generation for the parcels identi fled in Master Development Plan 807-04 shall not
exceed 15,000 trips per day Without further approval fi•Onl the County. When the total for existing
traffic and the ITC trip generation report projected traffic exceeds 15,000 the Applicant must
perform an updated TIA. Additional site plans will not be approved until the County is satisfied that
adequate and manageable levels of service will exist on state or internal site roadways.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/17/16 PLANNING
COMMISSION MEETING:
Rezoning #03-03 rezoned nearly 71 acres along the north side of Route 50 west of Route 37 where
businesses such as Walmart, Applebee's, Sonic, and the Bank of Clarke County are now located. That
rezoning encompassed numerous transportation proffers such as improvements to Route 50 and the
interchange of Roble 50 and Roble 37. In addition, that rezoning called for the construction of a major
collector roadway behind Where the Walmart is now located to connect Route 50 and Botanical Boulevard.
This roadway network is depicted in Master Development Plan 1107-04 which is also referenced in the
proffers. Through the development process there were alterations to the layout that was envisioned at that
time and the first section of that major collector roadway was constructed as Retail Boulevard which, along
with an additional access point along ROUte 50, has provided the access to the retail area that is now
anchored by Walmart.
The Applicant is now proposing to modify the proffers related to the implementation of the final portions of
the proffered collector roadway. As ownership has changed on significant portions Of the original rezoning,
the Applicant is seeking the proffer modification Oil their remaining 28.17 acres contained in parcel 52-A-B.
Some items to note as this application is considered W011ld be that VDOT and the C011nty Attorney have
provided comments regarding concerns they have. Regarding proffer B2, VDOT notes that some additional
undeveloped parcels front the original rezoning should be included in the square footage requirement that is
being proposed to trigger the roadway and the County Attorney notes concerns with the fact that the right-of-
way is under a different LLC entity and that the contract to construct in proffer B4 does not represent an
actual guarantee to construct the roadway but merely an Obligation to a P party.
Staff is supportive of this request for a minor proffer modification to the road phasing and construction
subject to VDOT and County attorney comments.
A recommendation retyardilig, this rezonilif,, application to the Board of Supervisors would he
appropriate The Applicant should be prepared to adequately address all concerns raised by the
Plaililnitr C'ommissioli.
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REZ # 08 - 16
Frederick County Dept of
w W W, LC
Planning Devebp
107 N Kent St
IN
Suite 202
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52 - A B
Winchester. VA 22(
Modified Proffers
540 - 665 - 5651
Map Created: July 14. 2016
Staff: jbishop
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107 Kent St
PIN: Suite 202
52 - A B Winchester. VA 22t
Modified Proffers 540 - 665 - 5651
Map CreatedJuly 14. 2016
Staff: jbishop
0 210 420 840 Feet
0
9
Greenway Engineering April 2, 2015
Revised July 20, 2015; February 8, 2016
WWW, LC - PROFFER STATEMENT
REZONING: RZ# Conditional Zoning Amendment
Business General (132) with Proffers
to Business General (132) with Revised Proffers
WWW, LC Rezoning
PROPERTY: Tax Parcel 52-A-B; 28.17+/- acres (here -in after the "Property")
RECORD OWNER: Winchester Warehousing, Inc. & Silver Lake, LLC
APPLICANT: Winchester Warehousing, Inc. & Silver Lake, LLC (here -in after
"Owner")
PROJECT NAME: WWW, LC
ORIGINAL DATE
OF PROFFERS: April 2, 2015
REVISION DATE: February 8, 2016
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors
of Frederick County, Virginia, shall approve conditional zoning amendments pertaining
to Rezoning Application # for the 28.17±-acres Property from the B2, Business
General District with approved proffers to the B2, Business General District with revised
proffers, development of the 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 Owner 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
Owner and any legal successors, heirs, or assigns.
The Property, identified as WWW, LC is more particularly identified as "Residue
Winchester Warehousing, Inc., and Silver Lake, LLC, P/O Tax Map Parcel 52-A-B" on
the Final Subdivision Plat of the Property of Winchester Warehousing, Inc. and Silver
Lake , LLC, June.5, 2004, by Gilbert W. Clifford & Associates, recorded as Instrument
Number 040017251.
File #4928S/EAW
0 i
Greenway Engineering April 2, 2015 W W W, LC Rezoning
Revised July 20, 2015; February B, 2016
WWW, LC - PROFFER STATEMENT
A. Master Development Plan
The development of the Property shall be consistent with Master Development Plan
#07-04 approved by Frederick County on .Tune 30, 2004, except for the narrative
pertaining to Petticoat Gap Phasing. The requirements for Petticoat Gap Lane are
specified within the Street Improvements Section of this Proffer Statement.
B. Street Improvements
The Owner shall design and construct all roads adjoining the subject property
consistent with the County's adopted Round Hill Land Use Plan for the area as
provided in these proffers and as illustrated on Master Development Plan #07-04.
1. Petticoat Gap Lane and Retail Boulevard are identified on Master
Development #07-04 as 80' right-of-ways. The Owner shall prepare and
submit a right-of-way dedication plat for Petticoat Gap Lane and the
undeveloped portion of Retail Boulevard to the County within 180 days of
Conditional Zoning Amendment approval by the Frederick County Board of
Supervisors.
2. The Owner shall limit development on the Property to 50,000 square feet of
structural area before construction of the undeveloped portion of Retail
Boulevard and Petticoat Gap Lane,
3. The Owner shall prepare a Public Improvement Plan for the undeveloped
portion of Retail Boulevard along the eastern boundary of the Property and for
Petticoat Gap Lane throughout the limits of the dedicated right-of-way area
identified in Section B1 of the Proffer Statement. The Public Improvement
Plan shall be prepared and submitted for review by VDOT and the County
concurrent with the first Site Plan which exceeds 50,000 square feet of
structural area on the Property. The undeveloped portion of Retail Boulevard
shall be designed consistent with the constructed section and Petticoat Gap
Lane shall be designed as a two-lane street section with a center left turn lane
sufficient to provide for left turn movements at Retail Boulevard and the
intersection immediately east of Wal-Mart (Tax Map Parcel 52-A-D).
4. The Owner shall have the option of constructing or bonding the Retail
Boulevard and Petticoat Gap Lane sections consistent with the approved
Public Improvement Plan. The Owner shall provide the County with bonding
or evidence of an executed contract for construction prior to the issuance of a
Certificate of Occupancy Permit for the Site Plan which exceeds 50,000
File N4928S/EAW 2
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; February 8, 2016
square feet of structural area on the Property. If the Owner provides bonding
for the completion of the Retail Boulevard and Petticoat Gap Lane sections
consistent with the approved Public Improvement Plan, construction of these
road improvements shall occur on or before the completion of the Phase 2
Lutheran Boulevard Transportation Program identified in the approved Proffer
Statement for RZ #01-09.
5. The combined trip generation (ADT) for the parcels identified in Master
Development Plan 07-04 shall not exceed 15,000 TPD (average weekday
volume) without further approval by the County. The trip generation from the
project may be measured by the Owner from data collected from actual traffic
counts and from ITE generation counts. The combined traffic impact from the
overall site identified in Master Development Plan #07-04 is not to exceed
15,000 TPD (average weekday volume) when actual counts and ITE
generation counts are added for cumulative total. If the total for any site
causes the cumulative total for the overall site identified in Master
Development Plan 07-04 to exceed 15,000 TPD, then it is agreed that the
applicant shall not file additional site plan applications until the County is
satisfied that adequate and manageable levels of service will exist on state or
internal site roadways. The applicant shall perform an updated TIA of the
project intersections on U.S. Route 50 and of the Route 50/Route 37
interchange when traffic generation from the site identified in Master
Development Plan #07-04 reaches 15,000 TPD (average weekday volume).
The County may revise this 15,000 TPD limit upward, without modification
of this proffer agreement, should results of the TIA show that additional
loading is appropriate.
C. Property Design Features
Development of the Property shall include the following landscape design features
identified on Master Development Plan #07-04 approved by Frederick County on
June 30, 2004.
A fifty foot (50') landscaped green strip along the U.S. Route 50 West frontage of
the Property including an 8' hiker/biker trail. Internal parking, travel ways and
commercial structures shall be setback a minimum of 50' from U.S. Route 50
West. The landscaped green strip and hikeribiker trail shall be developed in
conjunction with approved Site Plans that front along U.S. Route 50 West.
2. Individual sites developed on the Property shall be designed with inter -parcel
connections where practical based on topographic constraints of the Property.
3. Metal exteriors shall be prohibited for all buildings constructed on the Property.
File f/4928S/EAW
3
i 0
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; February 8, 2016
4. The Owner shall establish a Property Owners Association for the Property that
will be governed by a Board of Directors that will be responsible for review of all
plans of development to ensure conformity to all requirements identified in
Master Development Plan #07-04 and all requirements associated with private
deed and covenant restrictions.
OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES
File #4928sn:AW
0 9
Grcenway Engineering April 2, 2015 W W W, LC Rezoning
Revised July 20, 2015; February 8, 2016
Owner Signature
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Owner. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to
other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By: 1 a -slid
Winchester Warehousing, Inc. Date
Commonwealth of Virginia,
City/6eUR#y of To Wit:
The foregoing instrument was acknowledged before me this Q91May of
20 IL by 4" - /�J
My Commission Expires • 80.,.2eye
CINDY GROVE
NOTARY PUBLIC
E
mmonwealth of Virginia
Reg, #184054
File 114928s/EAW
No ry Public
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; February 8, 2016
Owner Siunature
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Owner. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to
other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By.
Silve4L�e, LC
Commonwealth of Virginia,
City/G&Unty of `Z°�(// p-� To Wit:
6LV6
Date
The foregoing instrument was acknowledged before me this 2 R4day of L�
20 1 �, by
R.
N ary Public
My Commission Expires -)t`'u • 60, ao (&'
[LNOTARY
DY GROVE
PUBLIC
wealth of Virginia
g.#184054
File #4928S/EAW
AMENDMENT
Action:
PLANNING COMMISSION; June 18, 2003 - Recommended Approval
BOARD OF SUPERVISORS: July 9, 2003 - X APPROVED Q DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #03-03 FOR WWW, L.C, PROPERTY
WHEREAS, Rezoning #03-03 of the WWW, L.C. Property, was submitted by G. W. Clifford &
Associates, Inc., to rezone 70.9065 acres from RA (Rural Areas) to B2 (Business General) with revised
proffers. This property is located north and adjacent to Route 50, approximately 1700 feet west of the
Route 37 Interchange, and identified witli Property Identification Numbers 52-A-B and 53-A-79 in the
Gainesboro Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on June 18, 2003;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 9, 2003; 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 revisc the Zoning District Map
to change 70,9065 acres from RA (Rural Areas) to B2 (Business General) with revised proffers as
described by the application and plat submitted, subject to the attached conditions voluntarily
proffered in writing by the applicant and the property owner.
PDRes IE-03
This ordinance shall be in effect on the date of adoption.
Passed this 9" day of July 2003 by the following recorded vote:
Richard C. Shickle., Chairman Ay-c_ Sidney A. Reyes Nay_
Gina A. Forrester Nav Margaret B. Douglas Absent
W. Harrington Smith, Jr. Absent Robert M. Sager Aye
Lynda J. Tyler Aye—
A COPY ATTEST
J hn .Riley, Jr.
Rr erick County Administrator
PDRes. 1! 18.03
0 \Rc IuJou\2001 Rmoning Rc oludonc\1VWW wpd
•
•
REZONrNG REQUEST PROFFER
Property Identification Number 52-A-B and 53-A-79
Gainesboro Magisterial District
Preliminary Matters
Pursuant to Section 15.1 - 491.1 et, s 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, Viginia, shall approve Rezoning Application 03-03 for
the rezoning of 70,9065 acres from Rural Area (RA) Zoning District to the I-rghway
Commercial (B-2) Zoning 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 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, dated June 20, 2003,
sheet 5 of 5, which is attached hereto and incorporated herein by reference.
Street Improvements
The Applicant shall design and construct all roads on the subject property
consistent with the County's adopted Round IM Land Use flan 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.
On U.S. Route 50 a new intersection shall be created to allow the relocation of
VA Route 803 and to allow the intersection with a major collector road serving
the WWW site. Work involved with this item to include left tum lanes on U.S.
Route 50 westbound lane and eastbound lane within the median and right turn
lanes onto Route 803 (FBL) and the major collector (WBL). The intersection to
be stoplight controlled. The design for Route 803 relocation to be provided by.
owner, It is anticipated that the Route 803 relocation will be supplied by VDOT
funding, The applicant wi11 be responsible to insure that funding is in place at
the time of the initial site development phase of the project since the Route 803
relocation is a requirement for initial operation of the commercial center. See
item (1).
2. On U.S. Route 50, a new travel lane to be constructed on the north side of the
westbound lane from the termination of the WMC (deGrange) proffer to the
western limits of the WWW, L.C. site. See item '(2).
(Revised 6/20/03) Page 1 of 5
•
11
3. Two unsignalized intersections with U.S. Route 50 to be constructed at existing
crossover points as shown. This includes all work necessary to upgrade the
crossovers to VDOT standards. See item (3).
4, A major collector road with 5 lane connection to U.S. Route 50 and extending
approximately 2900' to connection with the major collector to be constructed by
the Winchester Medical Center. The time and phasing sequence of this road
will be determined at the time of Master Development Plan approval. See item
(4).
5. On VA Route 37 an additional travel lane with transition shall be added to the
northbound on ramp, in order to accommodate the dual lane left turn on U.S.
Route 50, eastbound lane constructed by WMC.
Transportation items 1, 2, 3 and 5 shall be constructed during the initial site
development phase of the project and shall be either complete or bonded for
completion prior to issuance of the first occupancy permit. In the event the
Winchester Medical Center has not constructed items 1 through 6 contained in
their proffer of April 3, 2003 (as approved by the Frederick County Board of
Supervisors) then WWW, L.C. will cause this construction to proceed
simultaneously with items 1, 2, 3 and 5 above so that all Route 50 and Route 37
improvements contemplated by both of the proffers will be completed prior to
issuance of the first occupancy permit at WWW, L,C.
The applicant shall limit entrance connections onto U.S. Route 50 to three
points as shown on GDP.
The applicant shall prepare a traffic generation estimate for uses established by
the Site Development Plan to be submitted for initial construction approval to
the County. The combined trip generation (ADT) shall not exceed 15,000 TPD
(average weekday volume) without further approval by the County. The actual
trip generation from the project shall be measured by the WWW, L.C.
Management annually, from data collected in May and with results due on July
1 of each year, and be available for review as individual site plans and
subdivisions for future uses are submitted for review by VDOT and the County.
The combined traffic impact from the 70 acre site is not to exceed 15,000 TPD
(average weekday volume) when current actual counts and proposed counts are
added for cumulative total. If the cumulative total for any site plan at WWW
causes the total to exceed 15,000 TPD then it is agreed that the applicant shall
not file additional site plan applications until the County is satisfied that
adequate and manageable levels of service will exist on state or internal site
roadways. The SIC code system and the ITE shall be utilized for the subject
projections. The applicant shall perform an updated TIA of the project
intersections on U.S. Route 50 and of the Route SO/Route 37 interchange when
traffic generation from the 70 acre site reaches 15,000 TPD (average weekday
volume). The County may revise this 15,000 TPD Emit upward, without
modification of this proffer agreement, should results of the TIA show that
additional loading is appropriate.
Historic Preservation
The existing home (#469) to be characterized by historical report prior to
removal.
(Revised 6/20/03)
Page 2 of 5
i 0
Landscape Design Features
The development of the subject property, and the submission of any Master
Development Plan shall include the following landscape design feature provided in these
proffers and as illustrated on the Generalized Development flan dated June 20, 2003 which
is attached hereto and incorporated herein by reference.
A fifty foot (50') landscaped green strip along the US Route 50 frontage porbon
of the site including an 8' hiker/biker trail. Internal parking, travelways and
commercial structures shall not extend closer than 50' to front night of way line
on U.S. Route 50. Inset of the GDP (sheet 5 of 5) is an illustrative detail shown
for the purpose of establishing a standard of quality to be implemented upon
final design.
• A ten foot (10') landscaped buffer area along the northern property line
landscaped with white pine evergreen trees or an equal plant species, with white
pines to be a minimum of four feet (4D in height when planted and planted at ten
foot (10) intervals. (##6)
On Site Development
All structures shall be designed to meet the following standards:
Materials utilized for the facades of the buildings shall include but not be
limited to concrete masonry units (CM" brick, architectural block, dryvit, or
other simulated stucco (EFIS), real or simulated wood and/or glass.
2. 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.
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.
4. A single monument type sign shall be utilized near each project entrance (total
of 3) to describe internal features. Sign height shall be limited to 20' within the
50' landscape area along U.S. Route 50. Individual signs to be allowed per
ordinance requirements to announce individual uses. On building signage to be
the preferred sign type for individual uses. No other signs shall be located
within the 50' buffer area.
The Applicant shall record and include in each deed as well as provide Frederick
County with a complete set of Covenants and Restrictions pursuant to site design
developed and approved by Frederick County at the time of master plan. The Applicant
shall appoint an Architectural Control Committee with responsibility for insuring strict
adherence to the approved Master Development Plan, covenants and restrictions.
Property owners shall be notified of conditions relating to adjoining active
agricultural operations.
(Revised 6/20/03) page 3 of 5
Geote-chnical Study
The Applicant shall prepare a site geotechnical analysis and study for this site,
as appropriate for the proper siting and design of improvements, prior to beginning
construction of site improvements and buildings.
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 70.9065 acres, lying on the north side of U.S. Route 50 in the Gainesboro
Magisterial District of Frederick County, Virginia from RA to B2, the undersigned will pay
to Frederick County for the Round I: -Till Fire and Rescue Company the sum of $25,000.00,
the Sherifr's Office the sum of $5,000.00 and the Administration Building the sum of
$5,000.00 for a total payment of $35,000.00, at the time issuance of the first building
permit of the subject property.
The conditions proffered above sball 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.
Respectfully submitted,
PROPERTY OWNER
By: C U'Ll-A-2
ames R Wi l ns, Jr.
Date: 'i7 b3
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
By: �i�����
C. Robert Solenberger
Date: azo.
The foregoing instrument was acknowledged before me this o?`%V4+— day of
2003, by q41niz,,, Q6 . a A e e .
My commissi n expires 00 o2006 .
Notary Public
(Revised 6/20/03) Page 4 of 5
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Evan Wvatt
From: Funkhouser, Rhonda (VDOT) <Rhonda.Fun khouser®VDOT.Virginia.gov> on behalf of Smith,
Matthew, P.E. (VDOT)<Matthew.Smith@vdot.virginia.gov>
Sent: Thursday, April 14, 2016 10:23 AM
To: Evan Wyatt
Cc: jbishop@fcva.us; Smith, Matthew, P.E. (VDOT); Campbell, Adam (VDOT); Short, Terry
(VDOT); Ingram, Lloyd (VDOT)
Subject: W WW, LC Revised Proffer Statement - VDOT Comments
C MI I
DEPARTMENT OF TRANSPORTATION
Staunton/Edinburg Land Development
14031 Old Valley Pike
Edinburg, VA 22824
We have completed the VDOT review of the Revised Proffer Statement for WWW, LC. Please find our review
comment below:
• The proffer should be updated to specify the additional 50,000 SF development trigger includes all vacant
parcels associated with the original rezoning not just Parcel 52-A-B, but to also include Parcels 52-A-
D,E,F,H, & M. We also recommend the "50,000 SF of structural area" be updated to "50,000 SF of gross
floor area" in Proffer B.2.
Should you have any questions, do not hesitate to call.
Matthew B. Smith, P.E. I Area Land Use Erigineer
Virginia Department of Transportation
Clarl<e, Frederick, Shenandoah & Waa ren Counties
19031 Old Valley Pike
Edinburg, VA 2282.4
voice: 540/984-5615
fax: 5,10/981-5607
e-mail: Matthew.Smith@vdot.virglnia.gov
•
Evan Wyatt
From: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser0VDOT.Virginia.gov> on behalf of Smith,
Matthew, P.E. (VDOT)<Matthew.Smith®vdot.virginia.gov>
Sent: Friday, October 30, 2015 1:38 PM
To: Evan Wyatt
Cc: John Bishop; Campbell, Adam (VDOT); Short, Terry (VDOT); Lineberry, Jeff, PE (VDOT);
Smith, Matthew, P.E. (VDOT); Ingram, Lloyd (VDOT)
Subject: WWW Proffer Revisions - VDOT Comments 10.30.15
Evan,
District Planning has reviewed the submitted proffers on the WWW LLC property. Our comments are as
follows:
Proffer 2 provides three external triggers (which are actually non -enforceable) for requiring the
owner to complete Retail Boulevard and a half -section of Petticoat Gap Lane. The Lutheran
Boulevard trigger should be revised to state "upon extension of Lutheran Boulevard to the shared
property line between the WWW LLC property and RZ #01-09" instead of the "completion" of the
road to Retail Boulevard. The "public street system" in the Trumpet Interchange trigger should be
clarified.
The proffer also provides an internal trigger, that the road improvements will be constructed by
the owner (assuming the external triggers have not been met) prior to the approval of the final
site plan on the WWW LLC property. This trigger may create a scenario where a small pad site on
the property is left undeveloped for years and the internal road network is not completed by the
owner. We recommend that the proffer should be updated to have the owner responsible for the
completion of Retail Boulevard and a half section of Petticoat Gap Lane from Retail Blvd to
Botanical Blvd prior to the issuance of an occupancy permit that adds 50,000 S.F. of additional
development to the site (cumulatively or as a single permit). The full section of Petticoat Gap Lane
should be constructed by the owner prior to the approval of the final site plan on the WWW LLC
property.
Should you have any questions regarding these comments, do not hesitate to contact this office.
Matthew B. Smith, P.E.
Virginia Department of Transportation
Matthew. Smith(d)vdot.virginia.gov
COUNTY -of FR.EDER.ICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail:
nvillia@co.frederick.va.us
March 10, 2016
VIA E-MAIL AND REGULAR MAIL
Mr. EvanWyaa
Greenway Engineering
151 Windy Hill Lane
Winchester VA 22602
Re: Rezoning Application — W W W, LC Rezoning
Proffer Statement dated April 2, 2015, revision date February 8, 2016
Dear Evan:
You have submitted to Frederick County for review the above -referenced proffer
statement (the "Proffer Statement") for the proposed rezoning of Tax Parcel Number 52-
A-B (the "Property"), 28.17± acres, more or less, in the Gainesboro Magisterial District,
from the B2 General Business District, with proffers, to the B2 General Business District,
with revised proffers. I have now reviewed the Proffer Statement and it is my opinion
that the Proffer Statement would be in a form to meet the requirements of the Frederick
County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a
proffer statement, subject to the following comments:
Proffer BI— Street Improvements — Will the indicated portions of Petticoat Gap
Lane and Retail Boulevard actually be on the adjoining parcels (53-A-A and 53-
A-A1)? If so, staff should be aware that the proffer is dependent upon the
dedication of rights -of -way by entities that are legally separate from the owners of
the Property.
Proffer B4 — Street Improvements — The option to provide either bonding or
evidence of an executed contract does not ensure actual completion of the
improvement. An executed contract represents only a financial obligation of the
owners to a third party contractor and that obligation could be significantly
impaired were the owner to encounter financial distress. A bond, on the other
hand, is a guarantee by a third party whose financial wherewithal meets certain
standards, so that, in the event of a default by the owners, the bond surety could
107 North Kent Street - Winchester, Virginia 22601
Mr. Evan Wyatt
March 10, 2016
Page 2
provide the necessary funds to accomplish completion of the proffered
improvement.
Proffer C4 — Property Design Features — The proffer proposes a "Board of
Directors for the Property". A "board of directors" is not an actual legal entity. It
would appear that the proper means to accomplish the proffer would be the
creation of a property owners' association (which itself would be governed by a
board of directors).
I have not reviewed the substance of the proffers as to whether the proffers are
suitable and appropriate for this specific development, as my understanding is that review
will be done by staff and the Planning Commission.
Sincer ly,
Roderick B. Williams
County Attorney
cc: John Bishop, Deputy Director of Planning & Development, Frederick County (via
e-mail)
0 •
Evan Wyatt
From: John Bishop <jbishop@fcva.us>
Sent: Tuesday, May 10, 2016 1:45 PM
To: Evan Wyatt
Subject: www
Evan;
I have gone over WWW and reviewed VDOT's comments. I have no additional comments to add.
Thank you
John
0 •
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff:• �� p
Fee Amount Paid $ / 000
Zoning Amendment Number (OF) / �0 Date Received 1 (0 I ��
PC Hearing Date r 7 /w_ BOS Hearing Date
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: Greenway Engineering, Inc.
Address: 151 Windy Hill Lane
Winchester, VA 22602
2. Property Owner (if different than above):
Name: Silver Lake, LLC & Winchester Warehousing, Inc
Address: 13 South Loudoun Street
Winchester, VA 22601
3. Contact person if other than above:
Name: Evan Wyatt
Telephone: 540-662-4185
Telephone: 540-662-7215
Telephone: 540-662-4185
4. Property Information:
a. Property Identification Number(s): 52-A-B
b. Total acreage to be rezoned: N/A - Conditional Zoning Amendment
C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being
rezoned): N/A - Conditional Zoning Amendment
d. Current zoning designation(s) and acreage(s) in each designation: B2 District
28.17+/- acres with approved proffers
C.
f
Proposed zoning designation(s) and acreage(s) in each designation: B2 District
28.17+/- acres with modified proffers
Magisterial District(s): Gainesboro District
12
0
9
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 Virdnia 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:
Silver Lake, LLC - James R. Wilkins, Jr. & James R. "Rlchle" Wilkins, III
Winchester Warehousing, Inc. - Robert Solenberger & Diane Kearns
7. Adjoining Property:
PARCEL ID NUMBER USE ZONING
N/A - Conditional Zoning
Amendment
8. Location: The property is located at (give exact location based on nearest road and distance from
nearest intersection, using road names and route numbers):
The WWW, LC property is located at the northwest side of the Northwestern Pike (US RL 50 West) and Retail Boulevard intersection.
13
f�
9. The following information should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes: Townhome: Multi -Family:
Non -Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: 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): Ll . r Date:
Date:
� �j rina hd VC6'
Owner(s): �,Iterl��clrDate: ��
�(7Q��a•�« Iu)NDate:
14
0
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) Silver Lake, LLc
(Phone) (540) 662-7215
(Address) 13 South Loudoun Street Winchester, VA U601
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. 030016328
on Page 0497 , and is described as
Parcel: 52 Lot: A Block: B Section: Subdivision:
do hereby make, constitute and appoint:
(Name) Greenway Engineering, Inc.
(Phone) (540) 662.4185
(Address) 151 Windy Hill Lana Winchester, VA 22602
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 attomey-in-fact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, (we) have hereto set my (our) hand and seal this Q?4- day of 120
Signatures)
State of Virginia, City/County of �,(�u,,Le- , To -wit:
I, a Notary Public in and for the jurisdiction aforesaid,
certify that the pers (s) who signed to the foregoing instrument personally appeared before me and has
acknowledged the same before me in the jurisdiction aforesaid this ,clay of� 20
A
Notary Publ
CINDY GROVE
NOTARY PUBLIC
ission Expires: 20, 020/8
#184054
•
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) Winchester Warehousing, Inc.
(Phone) (540) 667-3390
(Address) 13 South Loudoun Street Winchester, VA 22601
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 030016328
on Page 0497 , and is described as
Parcel: 52 Lot: A Block: a Section: Subdivision:
do hereby make, constitute and appoint:
(blame) Greenway Engineering, Inc.
(Phone) (540) 662-4165
(Address) 151 Windy Hill Lane Winchester, VA 22602
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
Rezoning (including proffers)
Conditional Use Permit
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
Variance or Appeal
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, I (we) have hereto set my (our) hand and seal this _ day of V*NE , 20 )1- ,
Signature(s)C 0w- k„�
State of Virginia, City/.Ceu*tty of To -wit:
I, &t_v�e_ , a Notary Public in and for the jurisdiction aforesaid,
certify that the pers (s) who signed to the foregoing instrument personally appeared before me and has
acknowledged the same before me in the jurisdiction aforesaid this c:� 9 W-day of . 20 14 .
My Commi sion Expires: t�,c-. 30, aol8
Notary Publ
f::�mnTARYNDY GROVE
PUBLIC
#iB4054
V
Legend
` _ _I TM 52-A-B
Parcel Boundary
= Winchester City Limits
Frederick County Zoning
B2 (Business, General Distnst)
— B3 (Business Industrial Transition District)
— EM (Extractive Manufacturing District)
_ MS (Medical Services District)
RA (Rural Area District)
RP (Residential. Performance District)
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Map Data Source Frederick County. Va. GIs Department. 2016 Data
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff: ()0Pee AmC)
Amount Paid $ � 000.
Zoning Amendment Number 0 8 - / (0 Date Received 1 (0 1
PC Hearing Date =i t 7 (a BOS Hearing Date i y
The.following information shall be provicled by the applicant:
All parcel identification 111.1mbers, 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: Greenway Engineering, Inc. Telephone: 540-662-4185
Address: 151 Windy Hill Lane
Winchester, VA 22602
2. Property Owner (if different than above):
Name: Silver Lake, LLC & Winchester Warehousing, Inc Telephone: 540-662-7215
Address: 13 South Loudoun Street
Winchester, VA 22601
3. Contact person if other than above:
Name: Evan Wyatt Telephone: 540-662-4185
4. Property Information:
a. Property Identification Number(s): 52-A-B
b. Total acreage to be rezoned: N/A - Conditional Zoning Amendment
C. Total acreage of the parccl(s) to be rezoned (if the entirety of the parcel(s) is not being
rezoned): N/A - Conditional Zoning Amendment
d. Cln'rCllt zolllllg designation(s) and acl'cagc(s) in Cach designation: B2 District
28.17+/- acres with approved proffers
C. Proposed zoning designation(s) and acreages) in each designation: B2 District
28.17+/- acres with modified proffers
f. Magisterial District(s): Gainesboro District
12
5. Checklist: Clleck the following itell7s that have been illClUded with this application.
Location map i ✓ Agency Comments ✓
Plat _I ✓ I_ Fees _I ✓ I_
Deed to property _I ✓ �_ Impact Analysis Statement _ �_
Verification of taxes paid _I ✓ I_ Proffer Statement _I ✓ I_
Plat depicting exact meets and bounds for the proposed zoning district
Digital copies (pdi's) of all submitted documents, maps and exhibits _I ✓ I_
6. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Silver Lake, LLC - James R. Wilkins, Jr. & James R. "Richle" Wilkins, III
Winchester Warehousing, Inc. - Robert Solenberger & Diane Kearns
7. Adjoining Property:
PARCEL ID NUMBER USE ZONING
N/A - Conditional Zoning
Amendment
8. Location: The property is located at (give exact location based on nearest road and distance from
nearest intersection, using road names and route nwnbers):
The WWW, LC property is located at the northwest side of the Northwestern Pike (US RL 50 West) and Retail Boulevard intersection.
13
r r, •
9. The following information should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes: Townhome: Multi -Family:
Non -Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: 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 clays prior to the Planning Commission Public hearing
and the Board Of SUpCI'V1SO1'S pUbllc hearing and malntalncd 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): (f 1 Date:
Date:
Owner(s): ��/G� e 'ju r1�1JeLkDate: ��i
��10<< ylY,, r LU)11C N1�7�2 WxhlubvgAlb- Date: 49116
14
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.co.frederick.va.us
Department of Planning Sa 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) Winchester Warehousing, Inc.
(Pl1011C) (540) 667-3390
(Address) 13 South Loudoun Street Winchester, VA 22601
the owners) of all those tracts of parcels Of land ("Property") conveyed to n1C (us), by deed recorded in the
Clerk's Office oftllC Circuit Court of the County OfFrederick, Virginia, by
111St1'umellt No. 030016328
on Page 0497 , and is described as
Parcel: 52 Lot: A Block: B Section
do hereby snake, constitute and appoint:
(Name) Greenway Engineering, Inc.
Subdivision:
(PI1011C) (540) 662Al85
(Address) 151 Windy Hill Lane Winchester, VA 22602
To act as Illy true and lawful attorney -in -fact for and in Illy (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 -tact shall have the authority to offer proffered conditions and to make amcndlllents to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, I (we) have hereto Set Illy (OLII') hand and seal this —C�— clay Of T(NE , 20 )tr ,
Slgnattll'C(S)C612161 6le"1 p<
State of Virginia, City/Gou+lty of (�,L�t( l'�,t2ry�Ch� , To -wit:
1, v e_ a Notary Public in and for the jurisdiction aforesaid,
certify that the pers l(s) who signed to the foregoing instrument personally appeared before Ine and has
acknowledged the same before 111c in the jurisdiction alol'csald this ::�gW_cIay of 20 It- .
(i1Le Q uc_ My Commission Expires:2�
Notary Publ
j�CIN Y GROVE
N nTARY PUBLIC
COmmonWedlLl I U1
Reg. #1E34054
`cx COG Special Limited Power of Attorney
a4 gti 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)
(Nan1C) Silver Lake, LLC
(Pllone) (540) 662-7215
(Address) 13 South Loudoun Street Winchester, VA 22601
the owner(s) of all those tracts Or parcels of land ("Property") conveyed to tile (us), by deed recorded in the
Clerk's Office of the Circuit Court Of the County of Frederick, Virginia, by
Instrument No. 030016328
on Page 0497 , and is described as
Parcel: 52 Lot: A Block: B Section
do hereby make, COI1StitLItC and appoint:
(Nallic) Greenway Engineering, Inc.
Subdivision:
(Pllolle) (540) 662-4185
(Address) 151 Windy Hill Lane Winchester, VA 22602
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 Illy (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 -tact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded Or modified.
In witness thereof, (we) have hereto set my (our) hand and seal this day of 20_L6,
Signature(s)
State of Virginia, City/Cou.nly of To -wit:
1, ���� , a Notary Public in and for the jurisdiction aforesaid,
certify that the pCl'SO (S) who signed to the f0l'CgOiIlg IllStRIMCllt personally appeared before the and has
acknowledged the same before tile in tllC JLII'ISdICt1011 af61-CSald this .0 ��JSlay Of ( cam 20 /6� .
nzr
ission Expires: �Le_tc . 2.0 ao/8
Notary Public() F CINDY GROVE
NOTARY PUBLIC
#184054
Legend
`ITM52AB
Parcel Boundary
Winchester City Limits
Frederick County Zoning
B2 (Business, General Distrist)
_ B3 (Business, Industrial Transition District)
- EM (Extractive Manufacturing District)
- MS (Medical Services District)
RA (Rural Area District)
RP (Residential, Performance District)
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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)
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Modified Proffers
540 - 665 - 5651
Mop Created: July 14 2016
Staff: jbishop
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Mop Created: July 14 2016
Staff: jbishop
0 165 330 660 Feet
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0 210 420 840 Feet
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REZONING APPLICATION NORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff:
Zoning Amendment Number
PC Hearing Date
Fee Amount Paid $
Date Received _
BOS Hearing Date_
The following h?formation 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:
Naive: Greenway Engineering, Inc.
Address: 151 Windy Hill Lane
Winchester, VA 22602
2. Property Owner (if different than above):
Narne: Silver Lake, LLC & Winchester Warehousing, Inc
Address: 13 South Loudoun Street
Winchester, VA 22601
3. Contact person if' other than above:
Name: Evan Wyatt
Telephone: 540-662-4185
Telephone: 540-662-7215
Telephone: 540-662-4185
4. Property Information:
a. Property Identification Number(s): 52-A-B
b. Total acreage to be rezoned: N/A - Conditional Zoning Amendment
C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being
rezoned): N/A - Conditional Zoning Amendment
d. Current zoning designation(s) and acreage(s) in each designation: B2 District
28.17+/- acres with approved proffers
C. Proposed zoning designation(s) and acreage(s) in each designation: B2 District
28.17+/- acres with modified proffers
f
Magisterial District(s): Gainesboro District
12
t
S. 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 ✓
G. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Silver Lake, LLC - James R. Wilkins, Jr. & James R. "Richle" Wilkins, III
Winchester Warehousing, Inc. - Robert Solenberger & Diane Kearns
7. Adjoining Property:
PARCEL ID NUMBER USE ZONING
N/A - Conditional Zoning
Amendment
8. Location: The property is located at (give exact location based on nearest road and distance from
nearest intersection, using road names and route numbers):
The WWW, LC property is located at the northwest side of the Northwestern Pike (US Rt. 50 West) and Retail Boulevard intersection.
13
9. The following information should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes: Townhome: Multi -Family:
Non -Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: 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): l t_ . i, Date:
Date:
Via
Owner(s):
bj)L(/kL-.w7/2 Date: 649116
E
8
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) Silver Lake, LLC
(Phone) (540) 662-7215
(Address) 13 South Loudoun Street Winchester, VA 22601
the owner(s) of all those tracts or parcels of land ("Property") conveyed to Inc (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 030016328 on Page 0497 , and is described as
Parcel: 52 Lot: A Block: B Section: Subdivision:
do hereby make, constitute and appoint:
(Name) Greenway Engineering, Inc.
(Phone) (540) 662-4185
(Address) 151 Windy Hill Lane Winchester, VA 22602
To act as my true and lawful attOrlley-in-fact for and in my (out') 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 profferec conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year fi-om the clay it is signed, or until it is otherwise rescinded or modified.
In witness thereof, we have hereto set my (our) hand and seal this Q2*k day of 20�� ,
Signature(s) ✓" ��f�v
State of Virginia, City/4944JUILY of � )iC�IL.C'C�U—LC� To -wit:
a Notary Public in and for the jurisdiction aforesaid,
certify that the perso (s) who signed to the foregoing instrument personally appeared before me and has
acknowledged the same before me in the jurisciction aforesaid this —ak `J day of� 20
n
Notary Publi
CINDY GROVE
NOTARY PUBLIC
ission Expires:
#184054
R
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) Winchester Warehousing, Inc.
(phone) (540) 667-3390
(Address) 13 South Loudoun Street Winchester, VA 22601
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Freclerick, Virginia, by
Instrument No. 030016328
Oil Page 0497 , and is described as
Parcel: 52 Lot: A Block: B Section: Subdivision:
do hereby make, constitute and appoint:
(Naive) Greenway Engineering, Inc.
(Phone) (540) 6624185
(Address) 151 Windy Hill Lane Winchester, VA 22602
To act as my true and lawful attorney -in -fact for and in Illy (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 tiny it is signed, or until it is otherwise rescinded or modified.
In witness thereof, I (we) have hereto set my (our) hand and seal this ^ c�11 day of Wti-t , 20 )t., ,
Signature(s)c bOtze
State of Virginia, City/GetitAy of I-j L,,m, y h1 , To -wit:
1, , _LQ_, , a Notary Public in and for the jurisdiction aforesaid,
certify that the pers4i(s) who signed to the foregoing instrument personally appeared before me and has
acknowledged the same before me in the jurisdiction aforesaid this Wf day of 20 /L .
My Commission Expires: _1b--bL_, .3 o �ctl8
Notary Publ
CINDY GROVE
�7
NnTARY PUBLIC
CommonweEwn ut ,
Rea.#184054
0
. . .............
WINCHESTER WAREHOUSING INC.
P. O. BOX 2368 ORANG11 BANKING AND MUST GOMPANY 3404
WINCHESTER, VA 22604 1-800-BANKO8T BBT.cm 68-426/514
PH. 540-667-3390
DATE
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DOLLARS
1 TM 52-A-B
L— —
Parcel Boundary
Winchester City Limits
Frederick County Zoning
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
_ EM (Extractive Manufacturing District)
_ MS (Medical Services District)
RA (Rural Area District)
RP (Residential, Performance District)
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Map Data Source Frederick County, Va GIS Department, 2016 Data
C Special Limited Power of Attorney
County of Frederick, Virginia
t Frederick Planning Website: www.co.frederick.va.us
II31
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) Silver Lake, LLC
(Phone) (540) 662-7215
(Address) 13 South Loudoun Street Winchester, VA 22601
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by (teed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia) by
Instrument No. 030016328
oil Page 0497 , and is described as
Parcel: 52 Lot: A Block: B Section: Subdivision:
do hereby make, constitute and appoint:
(Name) Greenway Engineering, Inc.
(Phone) (540) 662.4185
(Address) 151 Windy Hill Lane Winchester, VA 22602
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to File planning applications for my (our) above described
Property, including:
Rezoning (including proffers)
Conditional Use Permit
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
Variance or Appeal
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, (we have have hereto set my (our) hand and seal this Qg`t-k day of �c� _ 20�,
Signature(s)
State of Virginia, City/49e 111j-y of �� C�1c��,Lc? u, c,� , To -wit:
)i
I, l�c4UL.���-� a Notary Public in and for the jurisdiction aforesaid,
certify that the perso (s) who signed to the foregoing instrument personally appeared before me and has
acknowledged the same before me in the jurisdiction aforesaid this a k �tvtiay of r � ,��, 20
A
C�t�c� M Fission Expires: % � , 3.0
Notary Publi INKY GROVE
F-71NOTARY
PUBLIC
#184054
0 0
AMENDMENT
Action:
PLANNING COMMISSION: August 17, 2016 - Recommended Approval
BOARD OF SUPERVISORS: October 12, 2016 ® APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #08-16 WWW, LC
WHEREAS, Rezoning #08-16 of WWW, LC submitted by Greenway Engineering, Inc., to revise
proffers associated with Rezoning #03-03. Specifically this action delays the implementation of Petticoat
Gap Lane and the extension of Retail Boulevard, was considered. The proffer revision proffer statement
dated April 2, 2015 with a final revision date of October 3, 2016. The Property is located at the northwest
quadrant of Northwestern Pike (US Rt. 50 West) and Retail Boulevard intersection, the Property is further
identified with PIN 52-A-B in the Gainesboro Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on August 17, 2016 and
recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 12, 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
modifying proffers related to the final portions of the proffered collector roadway.
PDRes 1136-16
-n
0
0
-2-
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of October, 2016 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye
Robert A. Hess Aye
Gene E. Fisher Aye
Blaine P. Dumn Aye
PDRes 1/36-16
BOS Res. #025-16
Gary A. Lofton Aye
Robert W. Wells Aye
Judith McCann -Slaughter Aye
A COPY ATTEST
Brenda G. Garton
Frederick County Administrator
vltc61NIA: FR iDFJ21CK (X)UN°UISf.1,
Thus instrument of writing was pr(AUMNI t() the 011
�,Icuwmodgomenl at
and.pith c,!(iri ir theroo t1m ,xod
cr ca
was adn itted TW, ,;nposed by Sep. 58.1-802 of
"and 58.1-801 have been paid, if assessable,
—o
0
N
Q0
Greenway Engineering April 2, 2015 \1'\1'\V, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016; Revised October 3, 2016
WWW, LC - PROFFER STATEMENT
T,
REZONING: RZ# 08-16 Conditional Zoning Amendment _CD
Business General (132) with Proffers ry
to Business General (132) with Revised Proffers LJ
PROPERTY: Tax Parcel 52-A-13; 28.17+/- acres (here -in after the "Property"
RECORD OWNER: Winchester Warehousing, Inc. & Silver Lake, LLC
APPLICANT: Winchester Warehousing, Inc. & Silver Lake, LLC (here -in alter
"Olv ❑ e r")
PROJECT NAME: WWW, LC
ORIGINAL DATE
OF PROFFERS: April 2, 2015
REVISION DATE: October 3, 2016
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
Z011rng, the undersigned Owner hereby proffers that in the event the Board of Supervisors
of Frederick County, Vlrglllla, shall approve conditional zoning amendments pertaining
to Rezoning Application #08-16 for the 28.17f-acres Property from the B2, Business
General District with approved proffers to the B2, Business General District \With revised
proffers, development of the Property shall be done in conformity with the terms and
conditions set forth herein, except to the extent that such terms and conditions nlay be
subsequently amended or revised by the Owner and such be approved by the Frederick
County Board of Supervisors in accordance with the said Code and Zoning Ordinance.
In the event that SIICII I'CZ0111I1g is not granted, then these proffers shall be deemed
withdrawn and have no effect whatsoever. These proffers shall be binding upon the
Owner and any legal successors, heirs, or assigns.
The Property, identified as WWW, LC is more particularly identified as "Residue
Winchester Warehousing, InC., and Silver Lake, LLC, P/O Tax Map Parcel 52-A-B" on
the Final Subdivision Plat of the Property of Winchester Warehousing, Inc. and Silver
Lake , LLC, June 5, 2004, by Gilbert W. Clifford & Associates, recorded as InStr'urllellt
Number 040017251.
File /14928S/GAW
•
•
GreemN7y Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February S, 2016
Revised September 27, 2016; Revised October 3, 201E
WWW, LC - PROFFER STATEMENT
—�o
A. Master Development Plan
0
The development of the Property shall be consistent with Master Development Plan
407-04 approved by Frederick County On Jule 30, 2004, except for the narrative �—
pertaining to Petticoat Gap Phasing. The requirements for Petticoat Gap Lane are
specified within the Street Improvements Section of this Proffer Statement.
B. Street Improvements
The Owner shall design and construct all roads adjoining the subject property
consistent with the County's adopted Round Hill Land Use Plan for the area as
provided in these proffers and as illustrated on Master Development Plan #107-04.
Petticoat Gap Lane and Retail Boulevard are identified on Master
Development 1/07-04 as 80' right-of-ways. The Owner shall prepare and
submit a right-of-way dedication plat for Petticoat Gap Lane and the
undeveloped portion Of Retail Boulevard to the County within 180 days of
Conditional Zoning Amendment approval by the Frederick County Board of
Supervisors and prior to any development activity on the Property.
2. The Owner Shall limit development oil the Property to 50,000 square feet of
structural area before Co11Stl'UCti011 Of the undeveloped portion of Retail
Boulevard and Petticoat Gap Lane.
3. The Owner shall prepare a Public Improvement Plan for the undeveloped
portion of Retail Boulevard along the eastern boundary of the Property and for
Petticoat Gap Lane throughout the limits of the dedicated right-of-way area
identified in Section B I of the Proffer Statement. The Public Improvement
Plan shall be prepared and submitted for review by VDOT and the County
concurrent with the first Site Plan which exceeds 50,000 square feet of
Structural area on the Property. The undeveloped portion of Retail Boulevard
shall be designed COl1SlStellt with the constructed section and Petticoat Gap
Lane shall be designed as a two-lane street section with a center left turn lane
sufficient to provide for left Will movements at Retail Boulevard and the
intersection immediately cast Of Wal-Mart (Tax Map Parcel 52-A-D).
4. The Owner shall have the option of constructing or bonding the undeveloped
portion of Retail Boulevard and Petticoat Gap Lane Sections consistent with
the approved Public Improvement Plan. The Owner shall provide the County
with bonding for construction prior to the issuance of a Certificate of
File 114928S/13AW 2
0 •
Greenwey Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016; Revised October 3, 2016
Occupancy Pe►'lllit for the Site Plan which exceeds 50,000 square feet of
structural area on the Property. Construction of the undeveloped portion of
Retail Boulevard shall occur on or before the completion of the Phase 2
Lutheran Boulevard Transportation Program identified in the approved Proffer
Statement for RZ 1101-09.
5. The Owner shall complete improvements to the Constructed portion of Retail
Boulevard consistent with the Retail Boulevard Punch List Items identified in
the September 21, 2016 correspondence from the Virginia Department of
Transportation (VDOT). Completion of the Retail Boulevard Punch List
Items shall occur Wlthill 180 days of Conditional Zoning Amendment
approval by the Frederick County Board of Supervisors and prior to any
development activity on the Property. Completion of the Retail Boulevard
Punch List Items identified in the September 21, 2016 correspondence from
VDOT shall fulfill the Owner's requirement for the constructed portion of
Retail Boulevard.
6. The combined trip generation (ADT) for the parcels identified in Master
Development Plan 1107-04 shall not exceed 15,000 TPD (average weekday
volume) Without further approval by the County. The trip generation from the
project may be measured by the Owner from data collected from actual traffic
counts and from ITC generation counts. The combined traffic impact from the
overall site identified in Master Development Plan #07-04 is not to exceed
15,000 TPD (average weekday VOILune) when actual counts and ITC
generation counts are added for cumulative total. If the total for any site
causes the CLIIIILIIatIVC total for the overall site identified in Master
Development Plan 1/07-04 to exceed 15,000 TPD, then it is agreed that the
applicant shall not file additional site plan applications until the County is
satisfied that adequate and manageable levels of service Will exist oil state or
internal site roadways. The applicant shall perform an updated TIA of the
project intersections on U.S. Route 50 and of the Route 50/Route 37
interchange when traffic generation from the site identified in Master
Development Plan #07-04 reaches 15,000 TPD (average weekday volume).
The County may revise this 15,000 TPD limit upward, without modification
of this proffer agreement, should results of the TIA show that additional
loading is appropriate.
C. Property Design Features
Development of the Property shall include the following landscape design features
identified on Master Development Plan 1/07-04 approved by Frederick County on
June 30, 2004.
File 1/4928s/EAw
3
0
•
Grecummy Engineering April 2, 2015 www, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016; Revised October 3, 2016
A fifty foot (50') landscaped green strip along the U.S. Route 50 West frontage of
the Properly n1CILlding all 8' hiker/biker trail. Internal parking, travel ways and
commercial structures shall be setback a )lllnlllllllll of 50' fi-onl U.S. Route 50
West. The landscaped green strip and hiker/biker trail shall be developed in
conjunction with approved Site Plans that front along U.S. Route 50 West.
2. Individual sites developed on the Property shall be designed with inter -parcel
connections where practical based on topographic constraints of the Property.
3. Metal exteriors shall be prohibited for all buildings constructed on the Property.
4. The Owner shall establish a Property Owners Association for the Property that
will be governed by a Board of Directors that will be responsible for review of all
plans of development to ensure conformity to all requirements identified in
Master Development Plan 1107-04 and all requirenents associated with private
deed and covenant restrictions.
OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES
File 1/4928S/EAw 4
•
•
Greenway Engineering
Owner Signature
April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016; Revised October 3, 2016
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Owner. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to 0
other requirements set forth in the Frederick County Code. _
Respectfully Submitted:
By:�-y;, s /vl "As
Winchester Warehousing, Inc. Date
PY4 �YitY>—,: -m—,
Commonwealth of Virginia,
City/C4ufft-y of - 0/t,4c .� To Wit:
The foregoing instrument was acknowledged before me this day of
20 /& by 4t /CLAk-/IC a . / if,.Q.4c.�
(11c-� AZI-Z� -
N y Public
My Commission Expires i' . 2,1). -26 /F
CINDY GROVE
NOTARY PUBLIC
Commonwealth of Virginia
Reg.#184054
File #4928S/EAW
0
•
Greenway Engineering
Owner Signature
April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Revised February 8, 2016
Revised September 27, 2016; Revised October 3, 2016
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Owner. In the event `
the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to v
other requirements set forth in the Frederick County Code. Z�t
Respectfully Submitted:
.j
Y
Silver Cake, LLC Date
✓y1Q vla
Commonwealth of Virginia,
City/C—E)UMi y of LTo Wit:
The foregoing instrument was acknowledged before me this day of 4�_� t_
20 /( by
Le-14
�1�4C_
Notary Public
My Commission Expires
CINDY GROVE
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #184054
File #4928S/EAW
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Greenway linginecring
•
April 2, 2015
Rcvised hdy-?(-.2-014: Febmary R. 2106
of
WWW, LC Rezoning
WWW, LC - PROFFER STATEMENT
REZONING: RZ# Conditional Zoning Amendment
Business General (132) with Prof'I'ers
to Business General (132) with Revised Proi'fers
PROPERTY: 28.17+/- acres;
Tax Parcel 52-A-B
RECORD OWNER: Winchester Warehousing, Inc. & Silver Lake, LLC
APPLICANT: Winchester Warehousing, Inc. & Silver Lake, LLC (here -in after
"Owner")
PROJECT NAME: WWW, LC
ORIGINAL DATE
OF PROFFERS: April 2, 2015
REVISION DATE: February 8, 2016
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of* the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conclitional
7_011ll1g, the Undersigned Owner hereby prollers that in the event the Board Of Supervisors
of Frederick County, Virginia, shall approve conditional Zoning amendments pertaining
to Rezoning Application # for the in iig 28.17±-acres (the "Property")
from the B2, Business General District with approved proffers to the B2, Business
General District with revised proffers, development of the subject property shall be clone
in conformity with the terms and conclltlons set Iorth herein, except to the extent that such
terms and conditions may be SLlbsegUently amended Or revised by the Owner and Stich be
approved by the Frederick County I30ard Of Supervisors in accordance with the said Code
and Zoning Ordinance. In the event that SLICII rezoning Is not granted, then these proffers
shall be deemed withdrawn and have no effect whatsoever. These proffers shall be
binding upon the Owner and any legal successors, heirs, or assigns.
The Property, identified as WWW, LC afW is more particularly de set-ibed--as-te lands
fvned--)y identified as `LRcsiduc Winchester Warehousing, Inc, and Silver Lake, LLC,
be4ig-" P/O Tax Map Parcel 52-A-B" r •tl - S , I ,l.,t „tided >~ d_rnn,t�,,.
� , �I-Irrlll-1 ICLI Il/l
fi4}}}Fit—rem=�ri �riTciElf114i$i� bet-wL"-t—t-hLeiaHEIS 01' G.L. I2 )hinson GoFfie ation A U-1S( 28
-{-9�I�-y-1�4-arsh-tip-lie-gage-L-a11c1�H1-�c�yc-�r�l?.L—C:, +teH►fled-a�-NeeEN-�ae1�1�--II'-;j��1�
on the Final Subdivision Plat of the Property of Winchester Warehousing, Inc. and Silver
File #4928S/I:nw
Greenway 1?ngincering April 2, 2015 WWW. LC Rezoning
Revised :In1y-2MOt§; I ehruary h. 2106
Lake , LLC, June 5, 2004, by Gilbert W. Clifford & Associates, recorded as Instrument
Number 040017251.
W W W, LC - PROFFER STATEMENT
A. Master Development Plan
The development of the subject property shall be consistent with Master Development
Plan #07-04 approved by Frederick County on June 30, 2004, except for the narrative
pertaining to Petticoat Gap Phasing. The requirements for Petticoat Gap Lane are
specified within the Street Improvements Section of this proffer statement.
B. Street Improvements
The Owner shall design and construct all roads adjoining the subject property consistent
with the County'S adopted Round Hill Land Use Plan for the areanE4 a
unite stand ards-eslabl-ished4)y -llie `— rg44"eparftmejitof' T'r-awspo nation (VD0-T+
and as may he as provided in these proffers and as IIILIStrated on Master Development
Plan #07-04.
Petticoat Gap Lane and Retail Boulevard are identified on Master
Development #07-04 as 80' right-of-ways. The Owner shall prepare and
submit a right-of-way dedication plat I'or Petticoat Gap Lane and the
Llndeveloped portion of Retail Boulevard to the County within 180 days of
Conditional Zoning Amendment approval by the Frederick County Board of'
Supervisors.
2. �eAFeae#fflen #{7-
04 bek�veen Ietztl3ie;L1-I3olrle� atEl an�4 ReiN3ol1t1�rc1—I'-ettr�r�ti�1J-L«Ite
s1�a41 be initiall} ce►tstt-L+cteEM-s-d-tAve-lime street seetion with.,ter left turn
lift}e sLLf1iE ie�tt t� plt��iEl�feF lel=l-ltlrri-men iieiits a zR-EI-and the
iH{ei 4eE tiel} InTEi�eEllil�E`;y o-�€11-10-aft Iai-eel S2 n D) Tile
0-wnew:Rta-l-pleA4dc--thc-C-ettr}t-y-el-�/130T��LiE � ef-wa} EfeEl tatien
sul'fieienN ji- ztit left tuTi lane in
eoi}imietion wite1-Pcitieeat crp-L-Ettle Elesef-ibed4*
fltis-pat1agmph-
The O�vtlel hhll-l�elfE}rnt-a=I IA-I:eI- 2ea-ieeat Gap r a.,, r �Ial!S OFFthe
I�t$1�ett� r1 4}iE1�I-T-1�-Fe+lerrllien ��a�ues ai-e prE?jeete' to reaeld
480( 1�I3�1� eltda�+�Feltlll�e3 1r-this sti-eet geetien. The nwne , ha!1
e-hose- )lithe-eenst-1- tial-stt-eeet seetion�f
P-ett"at-Get-�ezls-de-nien tr-a-tedley--t-he-T-IAA4eH-keTTD ismet.
File H4928S/HAW 2
Creenway Engineering April 2, 2015 WWW, I.0 Rezoning
1 ceviscd :}n}y ?{1 2{}}3: I ebmary R. 2106
0
• Geniple,f i-Lioi �-«i-L 1. Boulevard i r f Retail B 1 d
d e[ el-i jr.fGt}_in the 1111t n -t f T�' nl l•cl tllnl ll \�1.11 as
i.+��,[�li}-ea-mt)ollent-ol, l 1�(c�—r� rl1 09.
v Completion l-uhlie rti-eet system bc«cen-e4m itie 37�Y-t�}T e� rF i
Irr4etehal+g---i*icH3c-)t-anic-aa l3ou4e},,ar .
o- Ike l cl-af�N cx rl e fire li e teal F»-the i-,
-fLi-44-44--0+&h, i--(4,-I-ne-p reel-i-Elet}-Ei i i 1, Tax Map Pareel S 3A A.
TI�e OwF�e1 l��ill lie-reeltiireel to eet trHe� e� l�c�I}c�ti�e mideveloped-pert-ion of
l�c�tTlil-l3et+lt-�}fl-Mist-l-a-I�11-1=4cekier�-c>I=I?ettit=c�� ' l�--f;oF}�rrt�Litl}
(lie kna Ti4-eof' the seenni-ios
iEle}�ti1=iecl-i+t-Nis sec4ion-h-a-\ke-eee+rrec�-Nri��f�}-e��` el-tlt�i;:fi�psit
ptan-foi-this 4103ef+y-
The Owner shall limit development on the Property to 50,000 square I'cet of
structural area before construction of the undeveloped portion of Retail
Boulevard and Petticoat Gap Lane.
3. The Owner shall prepare a Public Improvement Plan for the undeveloped
portion ol• Retail Boulevard along the eastern boundary of• the Property and Ior
Petticoat Gap Lane throughout the limits of the dedicated right-of-way area
identified in Section B 1 ol• the Prof'f'cr Statement. The Public Improvement
Plan shall be prepared and submitted for review by VDOT and the County
concurrent with the l'irst Site Plan which exceeds 50,000 square feet of
structural area on the Property. The undeveloped portion of' Retail Boulevard
shall be designed consistent with the constructed section and Petticoat Gap
Lane shall be designed as a two-lane street section with a center left turn lane
sufficient to provide for left turn movements at Retail Boulevard and the
intersection immediately cast of Wal-Mart (Tax Map Parcel .52-A-D).
File 114928S/IiAW 3
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised duly-20. 24n i; I ebmary S. 2106
4. The Owner shall have the Option 01' constructing or bonding the Retail
Boulevard and Petticoat Gap Lane sections consistent with the approved
PlihliC Improvement Plan. The Owner shall provide the County with bonding
or evidence of an executed contract for construction prior to the issuance of a
Certificate of' Occupancy Permit for the Site Plan which exceeds 50,000
SCluare feet of' structural area on the Property. If the Owner provides bonding
for the completion of' the Retail Boulevard and Petticoat Gap Lane sections
Consistent With the approved Public hnprovelllent Plan, construction of these
road inlprovenlents shall occur on or before the completion of the Phase 2
Lutheran Boulevard Transportation Program identified In the approved Proffer
Statement fOr RZ #01 -09.
5. The combined trip generation (ADT) for the parcels identified in Master
Development Plan #07-04 shall not exceed 15,000 TPD (average weekday
vOlunlC) without further approval by the County. The trip generation from the
project may be measured by the Owner from data collected from actual traffic
Counts and from ITE generation counts. The combined traffic impact from the
overall site identified in Master Development Plan #07-04 is not to exceed
15,000 TPD (average weekday volume) when actual counts and ITE
generation COMAS are added for Cumulative total. If the eumtlmti= e total for
any site plan at VAa-W causes the cumulative total for the overall site
identified in Master Development Plan #07-04 to exceed 15,000 TPD, then it
is agreed that the applicant shall not file additional site plan applications until
the County is satisfied that adCduate and manageable levels Of service will
exist on state or internal site roadways. The applicant shall perform an
updated TIA of the pro ,jecl intersections on U.S. Route 50 and of the Route
50/Route 37 interchange when traffic generation from the over-all site
identified in Master Development Plan ##07-04 reaches 15,000 TPD (average
weekday volume). The County may revise this 15,000 TPD limit upward,
without modification of this proffer agreement, should results of the TIA show
that additional loading is appropriate.
C. rye Property Design Features
Tile d,oprilent Development of' the Property stet—I3repeit}� shall include the
following landscape design feature provided in these proffers and as illustrated on Master
Development Plan #07-04 approved by Frederick County On June 30, 2004.
1. A fifty foot (50') landscaped green strip along the US ROute 50 frontage portion
of' the site including an 8' hiker/biker trail. Internal parking, travelways and
commercial SlrllCtUres shall not extend Closer than 50' to front right Of way line on
U.S. Route 50. The landscaped green strip and hiker/biker trail shall be
File #4928S/FAW 4
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised h ly-?07 2014: Felmiary R. 2106
developed in COnjunctiOn with approved Site Plans that front along U.S. Route 50
West.
2. Individual sites developed on the Property shall be designed with inter -parcel
connections where practical based on topographic constraints of the Property.
3. Metal exteriors shall be prolllblled fO►• all blllldlllgs constructed On the Property.
4. The Owner shall establish a Property Owners Association for the Property that
will be governed by a Board of Directors that will be responsible for review of all
plans of development to ensure conformity to all requirements identified in
Master Development Plan #07-04 and all reduirenlents associated with private
deed and Covenant restrictions.
Qn cute. 14ey—e-1Hj�+a }
A-1-l�rt-rtt�-'r�;,=eT-sl�iii-;-be-EiesigHLEi-EH-rlleel l�1�1-9�-1F}1�l'-)-r}�,�slailClzlffls=
2 All building iihin-E41e EI�1� t}lel�L-0 tll t,, h n he;slrueted using-
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be e1' a s i ill ;I.,,• ,•t,�I�and-t����t�ri
2 n 11 1, ; I .l ; , , t ; t 1, ;rcr, Irrti isle Imo, c,p t (1 El�tLf�i A I) "�cr' cr�-ci cv p si �iC' t�+l �i t yL ( rrrr���
that btli !Eli iig-p-�aeei+v--n4,—a+c4y4e&�tti-,tI ti,eatment, pm -king lot fighting ill-
b
{-1-ash-disi1-)ogal, N{ellieulal-and pe'de-•t,• flation and 1h Eln el ,,,,ten!
, 1, to L t the„• I.,,, .tionall„ it a„ that;��all..
�c-rr'ri;IriTr��fii �rc���.zrrc-,-, iTn c:7rrrt-c',c-crrr3-
4.��STribi (NON{I►�l$I]t t}p('�„ shalll he utilized neat � l et ,1���(t (total of'
total v,
I !' t,,,•, C' }-}-iltiltiTilC Eihiill-�3✓'--1-inl-l-te lf) 20' Nvitrthiii the 50'
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BillElsc-ape-alea—,rlCUri-�-444-S-Reu `tG. Ind .I, ,l signs to be }c-f}1'E'}1Fn1,s to -TTiotc =["i'c�}�H-lIT«'J-uses. m,gi-11-�Te +o-berr—ccitrh�e
,,Fek-ff4--El (,fi„ e �t_._TEl' I . I uses. No nth signs shall b e t,dl vAthill
the
Tile o, shall ,p t all n I 't ,, l ( t l Committee Nyith -eo„tHttribL1:ei:
,g st,• et III„ to tit d Master Development 11l. a„ts_and
�cic, t , ��t�E:� Lei✓-ram,-n,", and
t i,
roct-r' ''66011S.
I ll I r t'I" 1 e 1•t a 1' tiy �
�I-�6pE1f-t�L6�'1'Ht'1-6-:rriiir�t��Hc,crrr�c�F}� E'-1-E1{I�i}g--tE3-cn�j�-iE3lll-�-ac:: :,
agrieultural "erationS-
File #492MEAW
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised I-'ebmary R. 2106
cte�ehnieal Study
e
appi-oj T ate fo l- tile � > "rrr iab
`+itr' ,il h>>ililir,rr _
OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGE
File 114928S/I;AW
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July-?(3-20445 Febmary S. 2106
Signature
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and SLICCCSSorS in the interest of the applicant and owner.
In the event the Frederick County Board o(' Supervisors grants this rezoning and
accepts the conditions, the proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted:
B y:
Winchester Warehousing, Inc. Date
Commonwealth of'Virginia,
City/County of To Wit:
The foregoing instrument was acknowledged before me this day of
20 by
Notary Public
My Commission Expires
File #4928Sn:AW 7
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised dttly-?0�2(44: I ebmary 5, 2106
Sianature
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and SUCCessors In the interest of the applicant and owner.
In the event the Frederick County Board of Supervisors grants this rezoning and
accepts the conditions, the proffered conditions shall apply to the land rezoned in
addition to other rcCluirements set forth in the Frederick County Code.
Respectfully Submitted:
By:
Silver Lake, LLC
Commonwealth of Virginia,
City/County of
To Wit:
The foregoing insU-ument was acknowledged before me this day of
20 by
My Commission Expires
Date
Notary Public
Idle 114928S/IiAW 8
n
0
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; February R, 2016
WWW, LC - PROFFER STATEMENT
REZONING: RZ# Conditional Zoning Amendment
Business General (132) with Proffers
to Business General (132) with Revised Proffers
PROPERTY: Tax Parcel 52-A-B; 28.17-1-/- acres (here -in after the "Property")
RECORD OWNER: Winchester Warehousing, Inc. & Silver Lake, LLC
APPLICANT: Winchester Warehousing, Inc. & Silver Lake, LLC (here -in after
"Owner")
PROJECT NAME: WWW, LC
ORIGINAL DATE
OF PROFFERS: April 2, 2015
REVISION DATE: February 8, 2016
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick C011ilty Zoning Ordinance with respect to conditional
zoning, the undersigned OWnCI' hereby proffers that in the event the Board of Supervisors
of Frederick County, Virginia, shall approve conditional zoning amendments pertaining
to Rezoning Application # for the 28.171-acres Property from the B2, Business
General District with approved proffers to the B2, Business General District With revised
proffers, development of the 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 1111CIRICCI Or rCV1SCd by the OWFICI- and such be approved by the Frederick
County Board of Supervisors in accordance with the said Code and Zoning OrdiIlance.
In the event that such rCZ011lilg is ]lot granted, then these proffers shall be deemed
withdrawn and have no effect whatsoever. These proffers shall be binding upon the
Owner- and any legal successors, heirs, or assigns.
The Property, identified as WWW, LC is 11101-C particularly identified as "Residue
Winchester Warehousing, Inc., and Silver Lake, LLC, P/O Tax Map Parcel 52-A-B" on
the Final Subdivision Plat of the Property Of Winchester Warehousing, Inc. and Silver
Lake , LLC, June 5, 2004, by Gilbert W. Clifford & Associates, recorded as Instrument
Numbcr 04001725 1.
File 11492WEAW
W •
Greenway Engineering April 2, 2015 www, LC Rezoning
Revised July 20, 2015; Pebmary 8, 201E
WWW, LC - PROFFER STATEMENT
A. Master Development Plan
The development of the Property shall be consistent with Master Development Plan
#07-04 approved by Frederick County on June 30, 2004, except for the narrative
pertaining to Petticoat Gap Phasing. The requirements for Petticoat Gap Lane are
specified within the Street Improvements Section of this Proffer Statement.
B. Street Improvements
The Owner shall design and construct all roads adjoining the subject property
consistent with the County'S adopted Round Hill Land Use Plan for the area as
provided in these proffers and as illustrated oil Master Development Plan #07-04.
Petticoat Gap Lane and Retail Boulevard are identified on Master
Development 07-04 as 80' right-of-ways. The Owner shall prepare and
submit a right -of -wily dedication plat for Petticoat Gap Lane and the
undeveloped portion of Retail Boulevard to the County within 180 days of
Conditional Zoning Amendment approval by the Frederick County Board of
SLIpCI-V1S01'S.
2. The Owner shall limit development On the Property to 50,000 square feet of
Structural area before construction of the undeveloped portion of Retail
Boulevard and Petticoat Gap Lane.
3. The Owner shall prepare a Public hnprovement Plan for the undeveloped
portion of Retail Boulevard along the eastern bOLIndary of the Property and for
Petticoat Gap Lane throughout the limits of the dedicated right-of-way area
identified in Section BI of the Proffer Statement. The Public hnprovement
Plan Shall be prepared and submitted for review by VDOT and the County
Concurrent with the first Site Plan which exceeds 50,000 square feet of
structural area on the Property. The undeveloped portion of Retail Boulevard
shall be designed consistent with the Constructed section and Petticoat Gap
Lane shall be designed as a two-lane Street section with a center left turn lane
sufficient to provide for left turn movements at Retail Boulevard and the
intersection immediately cast of Wal-Mart (Tax Map Parcel 52-A-D).
4. The Owner Shall have the option of COi1Sti'L1Cting Or bonding the Retail
Boulevard and Petticoat Gap Lane sections consistent with the approved
Public Jill 1)rovenlent Plan. The Owner shall provide the County with bonding
or evidence of an executed contract for construction prior to the issuance of a
Certificate of Occupancy Permit for the Site Plan which exceeds 50,000
File 1/4928S/EAw
0
•.I
0
Greenway Engineering April 2, 2015 www, LC Rezoning
Revised July 20, 2015; Febmary S, 2016
square feet of structural area On the Property. If the Owner provides bonding
for the completion of the Retail Boulevard and Petticoat Gap Lane sections
consistent with the approved Public Improvement Plan, construction Of these
road improvciriCilts shall occur On or before the completion of the Phase 2
Lutheran Boulevard Transportation Program identified in the approved Proffer
Statement for RZ #01-09.
5. The combined trip generation (ADT) for the parcels identified in Master
Development Plan #07-04 shall not exceed 15,000 TPD (average weekday
vOlurlle) without further approval by the County. The trip generation from the
project may be measured by the Owner from data collected from actual traffic
COLInts and from ITC generation COLints. The combined traffic impact from the
overall site identified in Master Development Plan #07-04 is not to exceed
15,000 TPD (average weekday volume) when actual counts and ITE
generation counts are added fOl- CUMUlative total. If the total for any site
causes the CLIl11Lllative total for the overall site identified in Master
Development Plan #07-04 to exceed 15,000 TPD, then it is agreed that the
applicant shall not file additional site plan applications until the County is
satisfied that adcgLlatC and illanageabic levels Of service will exist Oil state Or
internal site roadways. The applicant shall perform an updated TIA of the
project intersections on U.S. Route 50 and of the Route 50/Route 37
interchange when traffic generation from the site identified in Master
Development Plan #07-04 reaches 15,000 TPD (average weekday volume).
The County may revise this 15,000 TPD limit upward, without modification
of this proffer agreement, should results of the TIA show that additional
loading is appropriate.
C. Property Design Features
Development of the Property shall include the following landscape design features
identified on Master Development Plan #07-04 approved by Frederick County On
June 30, 2004.
A fifty fool (50') landscaped green strip along the U.S. ROute 50 West frontage of
the Property including an 8' hiker/biker trail. Internal parking, travel ways and
commercial structures shall be setback a minimum of 50' from U.S. Route 50
West. The landscaped green strip and hiker/biker trail shall be developed in
conjunction with approved Site Plans that front along U.S. Route 50 West.
2. Individual sites developed on the Property shall be designed with inter -parcel
connections where practical based on topographic constraints of the Property.
3. Metal exteriors shall be prohibited for all buildings constructed on the Property.
3
File 114928s/L'Aw
Greenway Engineering • April 2, 2015 • WWW, LC Rezoning
Revised July 20, 2015; Febmary S. 2016
4. The Owner shall establish a Property Owners Association for the Property that
will be governed by a Board of Directors that will be responsible for review of all
plans of development to ensure conformity to all regUlrernents ideIltifled Ill
Master Development Plan #07-04 and all requirements associated with private
Cleed and COVeIlallt restrictions.
OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES
Idle 114928S/IiAW
4
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; Pebmary R, 2016
Owner Sil4nature
The Conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Owner. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
Conditions, the proffered conditions shall apply to the land rezoned in addition to
other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By:
WInCI1CStCI' Warehousing, Inc. Date
Commonwealth of Virginia,
City/Gounly of To Wit:
The foregoing instrument was acknowledged before me this a9JI.day of c r�-
20 IG by A--"Cx- l�e tclr�t�J
My Commission Expires �1 �`�'` -'30, C;?")/
ECINDY GROVE
NOTARY PUBLIC
Commonwealth of Virginia
Reg, #184054
No n'y PLibhC
File 114928S/EAW
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015: Pebmary R, 2016
Owner Sil4nature
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Owner. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to
other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By:
Silver Lake, LLC
Comi-nonwcalth of Virginia,
City/Eeuvrty 0f To Wit:
6Ljg6
Date
The foregoing instrument was acknowledged before me this RWay of
201 �, by
R.
N ary Public
My Commission Expires -)b-lk • 6 C), aD /K
- E CINDY GROVE
NOTARY PUBLIC
Commonwealth of Virginla
Reg. #184054
Pile //4928S/EAW
W W
RE, ZONTNG REQUEST PROFFER
Property Identification Number S2-A-B and S3-A-79
Gainesboro Magisterial District
WWW, L.C.
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, shall approve Rezoning Application #03-03 for
the rezoning of 70.9065 acres from Rural Area (RA) Zoning District to the I-lighway
Commercial (B-2) Zoning 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 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 !Plaster
Development Plan shall be in conformance with all pertinent County regulations and shall
be in substantial conformity with the Generalized Development Plan, dated June 20, 2003,
sheet 5 of 5, which is attached hereto and incorporated herein by reference.
Street Improvements
The Applicant shall design and construct all roads on the subject property
consistent with the County's adopted Round Hill Land Use Plan for the area, and according
to unifornn 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.
1. Oil U.S. Route 50 a new intersection shall be created to allow the relocation of
VA Route 803 and to allow the intersection with a major collector road serving
the WWW site. Work involved with this item to include left turn lanes on U.S.
Route 50 westbound lane and eastbound lane within the median and right turn
lanes onto Route 803 (LBL) and the major collector (WBL). The intersection to
be stoplight controlled. The design for Route 803 relocation to be provided by
owner. It is anticipated that the Route 803 relocation will be supplied by VDOT
funding. The applicant will be responsible to insure that funding is in place at
the time of the initial site development phase of the project since the Route 803
relocation is a requu-ennent for initial operation of the commercial center. See
item (1).
2. On U.S. Route 50, a new travel lane to be constructed on the north side of the
westbound ],tile from the termination of the WN1C (deGrange) proffer to the
western limits of the WWW, L.C. site. See item (2).
(Revised 6/20/03) Page 1 of 5
W W
3. Two unsignalized intersections with U.S. Route 50 to be constructed at existing
crossover points as shown. This includes all work necessary to upgrade the
crossovers to VDOT standards. See item (3).
4. A major collector road with 5 lane connection to U.S. Route 50 and extending
approximately 2900' to comnection with the major collector to be constructed by
the Winchester Medical Center. The time and phasing sequence of this road
will be determined at the time of Master Development Plan approval. See item
(4).
5. On VA Rotite 37 an additional travel lane with transition shall be added to the
northbound on ramp, in order to accommodate the dual lane left turn on U.S.
Route 50, eastbound lane constructed by WMC.
Transportation items 1, 2, 3 and 5 shall be constructed during the initial site
development phase of the project and shall be either complete or bonded for
completion prior to issuance of the first occupancy permit. In the event the
I/Vinchester Nledical Center has not constructed items 1 through 6 contained rn
their proffer of April 3, 2003 (as approved by the Frederick County Board of
Supervisors) then WWW, L,.C. will cause this construction to proceed
simultaneously with items 1, 2, 3 and 5 above so that all Route 50 and Route Y/
improvements contemplated by both of the proffers will be completed prior to
issuance of the first occupancy permit at WWW, L.C.
The applicant shall limit entrance connections onto 1J.S. Route 50 to three
points as shown on GDP.
The applicant shall prepare a traffic generation estimate for uses established by
the Site I)evelopment Plan to be submitted for initial construction approval to
the County. The combined trip generation (ADT) shall not exceed 15,000 TPD
(average weekday volume) without further approval by the County. The actual
trip generation from the project shall be measured by the WWW, L.C.
Management annually, from data collected in May and with results due on July
I of each year, and be available for review as individual site plans and
subdivisions for future uses are submitted for review by VDOT and the County.
The combined traffic impact from the 70 acre site is not to exceed 15,000 TPD
(average weekday volume) when current actual counts and proposed counts are
added for cumulative total. If the cumulative total for any site plan at WWW
causes the total to exceed 15,000 TPD then it is agreed that the applicant shall
not file additional site plan applications until the County is satisfied that
adequate and manageable levels of service will exist on state or internal site
roadways. 'The SIC code system and the ITE shall be utilized for the subject
projections. The applicant shall perform an updated TIA of the project
intersections on U.S. Route 50 and of the Route 50/Route 37 interchange when
traffic generation from the 70 acre site reaches 15,000 TPD (average weekday
volume). The County may revise this 15,000 TPD limit upward, without
modification of this proffer agreement, should results of the TIA show that
additional loading is appropriate.
Historic Preservation
• The existing home (1/469) to be characterized by historical report prior to
removal.
(Revised 6/20/03) Page 2 of 5
0 0
Landscape Design Features
The development of the subject property, and the submission of any Master
Development Plan shall include the following landscape design feature provided in these
proffers and as illustrated on the Generalized Development Plan dated June 20, 2003 which
is attached hereto and incorporated herein by reference.
A fifty foot (50') landscaped green strip along the US Route 50 frontage portion
of the site including an 8' hiker/biker trail. Internal parking, travelways and
commercial structures shall not extend closer than 50' to front right of way line
on U.S. Route 50. Inset of the GDP (sheet 5 of 5) is an illustrative detail shown
for the purpose of establishing a standard of quality to be implemented upon
final design.
• A tat foot (10') landscaped buffer area along the northern property line
landscaped with white pine evergreen trees or an equal plant species, with white
pines to be a minimum of four feet ('I') in height when planted and planted at ten
foot (10') intervals. (116)
On Site Development
All structures shall be designed to meet the following standards:
Materials utilized for the facades of the buildings shall include but not be
limited to concrete masonry units (CMU) brick, architectural block, dryvit, or
other simulated stucco (EMS), real or simulated wood and/or glass.
2. 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.
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.
4. A single monument type sign shall be utilized near each project entrance (total
of 3) to describe internal features. Sign height shall be limited to 20' within the
50' landscape area along U.S. Route 50. Individual signs to be allowed per
ordinance requirements to announce individual uses. On building signage to be
the preferred sign type for individual uses. No other signs shall be located
within the 50' buffer area.
The Applicant shall record and include in each deed as well as provide Frederick
County with a complete set of Covenants and Restrictions pursuant to site design
developed and approved by Frederick County at the time of master plan. The Appficant
shall appoint an Architectural Control Comm-ittee with responsibility for insuring strict
adherence to the approved Master Development Plan, covenants and restrictions.
Property owners shall be notified of 'conditions relating to adjoining active
agricultural operations.
(Revised 6/20/03) Page 3 of 5
0 W
Geotechnical Study
The Applicant shall prepare a site geotechnical analysis and study for this site,
as appropriate for the proper siting and design of improvements, prior to beginning
construction of site improvements and buildings.
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 70.9065 acres, lying on the north side of U.S. Route 50 in the Gainesboro
Magisterial District of Frederick County, Virginia from RA to B2, the undersigned will pay
to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00,
the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of
$5,000.00 for a total payment of $35,000.00, at the time issuance of the first building
permit ol'the subject property.
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in interest of the Applicant and Owner. In tlic 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-,.
Respectfully submitted,
PROPERTY OWNER y
By: 6"•,4< bozzf---
�ames R. Wilkins, Jr.
Date: 0 ���%�U 5
STATE OF VIRGINIA, AT LARGE
FREDER1CK. COUNTY, To -wit:
By:
C:. Robert Solenberger
Date:
The foregoing instrument was acknowledged before me this c-;2'7V41- day of
, 2003, by �_d4�v/�—�_ L�r�c.� , �ti . a ; �� t�Cc�2f �i-c'<.,•��w��,�
l\/Iy commissl n expires
Notary Public
(Revised 6/20/03) Page 4 of 5
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0 0
Grecnway Engineering April 2, 2015
Revised July 20, 2015; February 8, 201E
WWW, LC - PROFFER STATEMENT
REZONING: RZ# Conditional Zoning Amendment
Business General (B2) with Proffers
to Business General (132) with Revised Proffers
WWW, LC Rezoning
PROPERTY: Tax Parcel 52-A-B; 28.17-I-/- acres (here -in after the "Property")
RECORD OWNER: Winchester Warehousing, Inc. & Silver Lake, LLC
APPLICANT: Winchester Warehousing, Inc. & Silver Lake, LLC (here -in after
"Owner")
PROJECT NAME: WWW, LC
ORIGINAL DATE
OF PROFFERS: April 2, 2015
REVISION DATE: February 8, 2016
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq, of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors
of Frederick County, Virginia, shall approve conditional zoning amendments pertaining
to Rezoning Application # for the 28.17±-acres Property from the B2, Business
General District with approved proffers to the B2, Business General District with revised
proffers, development of the Property shall be done in conforinity 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 Owner 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
Owner and any legal successors, heirs, or assigns.
The Property, identified as WWW, LC is more particularly identified as "Residue
Winchester Warehousing, Inc., and Silver Lake, LLC, P/O Tax Map Parcel 52-A-B" on
the Final Subdivision Plat of the Property of Winchester Warehousing, Inc, and Silver
Lake , LLC, June 5, 2004, by Gilbert W. Clifford & Associates, recorded as Instrument
Number 040017251.
File I14928s/EAW
,, 0 0
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015; February 8, 2016
WWW, LC - PROFFER STATEMENT
A. Master Development Plan
The development of the Property shall be consistent with Master Development Plan
#07-04 approved by Frederick County on June 30, 2004, except for the narrative
pertaining to Petticoat Gap Phasing. The requirements for Petticoat Gap Lane are
specified within tl)e Street Improvements Section of this Proffer Statement.
B. Street Improvements
The Owner shall design and construct all roads adjoining the subject property
consistent with the County's adopted Round Hill Land Use Plan for the area as
provided in these proffers and as illustrated on Master Development Plan #07-04.
I. Petticoat Gap Lane and Retail Boulevard are identified on Master
Development #07-04 as 80' right-of-ways. The Owner shall prepare and
submit a right-of-way dedication plat for Petticoat Gap Lane and the
undeveloped portion of Retail Boulevard to tine County within 180 days of
Conditional Zoning Amendment approval by the Frederick County Board of
Supervisors.
2. The Owner shall limit development on the Property to 50,000 square feet of
structural area before construction of the undeveloped portion of Retail
Boulevard and Petticoat Gap Lane.
3. The Owner shall prepare a Public Improvement Plan for the undeveloped
portion of Retail Boulevard along the eastern boundary of the Property and for
Petticoat Gap Lane throughout the limits of the dedicated right-of-way area
identified in Section B 1 of the Proffer Statement. The Public Improvement
Plan shall be prepared and submitted for review by VDOT and tine County
concurrent with the first Site Plan which exceeds 50,000 square feet of
structural area on the Property. The undeveloped portion of Retail Boulevard
shall be designed consistent with the constructed section and Petticoat Gap
Lane shall be designed as a two-lane street section with a center left turn lane
sufficient to provide for left turn movements at Retail Boulevard and the
intersection imniecliately cast of Wal-Mart (Tax Map Parcel 52-A-D).
4. The Owner sliall have the option of constructing or bonding the Retail
Boulevard and Petticoat Gap Lane sections consistent with the approved
Public Improvement Plan. The Owner shall provide the County with bonding
or evidence of an executed contract for construction prior to the issuance of a
Certificate of Occupancy Permit for the Site Plan which exceeds 50,000
File f/4928S/GAW
C
Greenway Engineering April 2, 2015 WWW, LC Rezoning
Revised July 20, 2015, February 8, 2016
square feet of structural area on the Property. If the Owner provides bonding
for the completion of the Retail Boulevard and Petticoat Gap Lane sections
consistent with the approved Public Improvement Plan, construction of these
road improvements shall occur on or before the completion of the Phase 2
Lutheran Boulevard Transportation Program identified in the approved Proffer
Statement for RZ 1r`01-09.
5. The combined trip generation (ADT) for the parcels identified in Master
Development Plan #07-04 shall not exceed 15,000 TPD (average weekday
volume) without further approval by the County. The trip generation from the
project may be measured by the Owner fi•om data collected from actual traffic
counts and from ITE generation counts. The combined traffic impact from the
overall site identified in Master Development Plan #07-04 is not to exceed
15,000 TPD (average weekday volume) when actual counts and ITE
generation counts are added for cumulative total. If the total for any site
causes the cumulative total for the overall site identified in Master
Development Plan #07-04 to exceed 15,000 TPD, then it is agreed that the
applicant shall not file additional site plan applications until the County is
satisfied that adequate and manageable levels of service will exist on state or
internal site roadways. The applicant shall perform an updated TIA of the
project intersections on U.S. Route 50 and of the Route 50/Route 37
interchange when traffic generation from the site identified in Master
Development Plan #07-04 reaches 15,000 TPD (average weekday volume).
The County may revise this 15,000 TPD limit upward, without modification
of this proffer agreement, should results of the TIA show that additional
loading is appropriate.
C. Property Design Features
Development of the Property shall include the following landscape design features
identified on Master Development Plan 1107-04 approved by Frederick County on
June 30, 2004.
A fifty foot (50') landscaped green strip along the U.S. Route 50 West frontage of
the Property including an 8' hiker/biker trail. hnternal parking, travel ways and
COMITIC:1'Clal structures shall be setback a minimum of 50' from U.S. Route 50
West. The landscaped green strip and hiker/biker trail shall be developed in
conjunction with approved Site Plans that front along U.S. Route 50 West.
2. Individual sites developed on the Property shall be designed with inter -parcel
connections where practical based on topographic constraints of the Property.
3. Metal exteriors sliall be prohibited for all buildings constructed on the Property.
File 114928S/EAW
3
9 r
Greenway Engineering April 2, 2015 WWW, I.0 Rezoning
Revised July 20, 2015; Pebmary 8, 2016
4. The Owner shall establish a Property Owners Association for the Property that
will be governed by a Board of Directors that will be responsible for review of all
plans of development to ensure conformity to all requirements identified in
Master Development Plan #07-04 and all requirements associated with private
deed and covenant restrictions.
OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES
Pile 1149285/I;AW
4
Greemvay Engineering April 2, 2015 W W W, LC Rezoning
Revised July 20, 2015: Febmary 8, 2016
Owne►• SilInaturc
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Owner. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to
other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By: C < ,ley& /,,,!
Winchester Warehousing, Inc. Date
Commonwealth of Virginia,
City/C w ty of ZX)."-4c'+jn4j—Z4 To Wit:
The foregoing instrument was acknowledged before me this Q91-kday of c.c.s
20 1G by
My Commission Expires
E
DY GROVE
ARY PUBLIC
nwealth of Virginla
eg.#184054
File 114928s/EAW
No iry Public
5
0
Greemvay Engineering
Owner Sil4nature
April 2, 2015
Revised Judy 20, 2015; February 8, 2016
WWW, LC Rezoning
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the Owner. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to
other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By:
Silver Lake, LLC
Commonwealth of Virginia,
City/Geunty of To Wit:
6> -1Z 6
Date
The foregoing instrument was acknowledged before me this -:� Relay of Cc�f
201 �, by
N ary Public
My Commission Expires -X11- zk • .�5 O ,
Ci pY GROVE
NOTARY PUBLIC
Commonwealth of Virginia
Reg.#�164054
File /14928S/EAW
V COUNTY .of FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail:
rwillia@co.frederick.va.us
March 10, 2016
VIA E-MAIL AND REGULAR MAIL
Mr. Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester VA 22602
Re: Rezoning Application — W W W, LC Rezoning
Proffer Statement dated April 2, 2015, revision date February 8, 2016
Dear Evan:
You have submitted to Frederick County for review the above -referenced proffer
statement (the "Proffer Statement") for the proposed rezoning of Tax Parcel Number 52-
A-B (the "Property"), 28.17f acres, more or less, in the Gainesboro Magisterial District,
from the B2 General Business District, with proffers, to the B2 General Business District,
with revised proffers. I have now reviewed the Proffer Statement and it is my opinion
that the Proffer Statement would be in a form to meet the requirements of the Frederick
County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a
proffer statement, subject to the following comments:
Proffer B1— Street Improvements — Will the indicated portions of Petticoat Gap
Lane and Retail Boulevard actually be on the adjoining parcels (53-A-A and 53-
A-A1)? If so, staff should be aware that the proffer is dependent upon the
dedication of rights -of -way by entities that are legally separate from the owners of
the Property.
Proffer B4 — Street Improvements — The option to provide either bonding or
evidence of an executed contract does not ensure actual completion of the
improvement. An executed contract represents only a financial obligation of the
owners to a third party contractor and that obligation could be significantly
impaired were the owner to encounter financial distress. A bond, on the other
hand, is a guarantee by a third party whose financial wherewithal meets certain
standards, so that, in the event of a default by the owners, the bond surety could
107 North Kent Street o Winchester, Virginia 22601
•
•
Mr. Evan Wyatt
March 10, 2016
Page 2
provide the necessary fiends to accomplish completion of the proffered
improvement.
Proffer C4 — Property Design Features — The proffer proposes a "Board of
Directors for the Property". A "board of directors" is not an actual legal entity. It
would appear that the proper means to accomplish the proffer would be the
creation of a property owners' association (which itself would be governed by a
board of directors).
I have not reviewed the substance of the proffers as to whether the proffers are
suitable and appropriate for this specific development, as my understanding is that.review
will be done by staff and the Planning Commission.
Sinwr ly,
Roderick B. Williams
County Attorney
cc: John Bishop, Deputy Director of Planning & Development, Frederick County (via
e-mail)
•
E
Evan Wyatt
From: John Bishop <jbishop@fcva.us>
Sent: Tuesday, May 10, 2016 1:45 PM
To: Evan Wyatt
Subject: www
Evan;
I have gone over WWW and reviewed VDOT's comments. I have no additional comments to add.
Thank you
John
Evan Wvatt
From: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@VDOT. Virginia.gov> on behalf of Smith,
Matthew, P.E. (VDOT)<Matthew.Smith@vdot.virginia.gov>
Sent: Thursday, April 14, 2016 10:23 AM
To: Evan Wyatt
Cc: jbishop@fcva.us; Smith, Matthew, P.E. (VDOT); Campbell, Adam (VDOT); Short, Terry
(VDOT); Ingram, Lloyd (VDOT)
Subject: WWW, LC Revised Proffer Statement - VDOT Comments
1 1 2
DEPARTMENT OF TRANSPORTATION
Staunton/Edinburg Land Development
14031 Old Valley Pike
Edinburg, VA 22829.
We have completed the VDOT review of the Revised Proffer Statement for WWW, LC. Please find our review
comment below:
• The proffer should be updated to specify the additional 50,000 SF development trigger includes all vacant
parcels associated with the original rezoning not just Parcel 52-A-B, but to also include Parcels 52-A-
D,E,F,H, & M. We also recommend the "50,000 SF of structural area" be updated to "50,000 SF of gross
floor area" in Proffer B.2.
Should you have any questions, do not hesitate to call.
Matthew B. Smith, P.E. I Arta I..,vmd Usc f--figinecr
Virginia Department of Transportation
Clarke, Frederick, sher1andoalI & 1^/(-11-1en C(J(llMe',
1/1031 Old Valley Pikn
Edinburg, VA 2282z1
voice: 5,10/9WI -5615
fax:: 5,10/98,1-5607
e-mail: Matthew.Smith@vdot.virginia.gov
Evan Wvatt
From: Funkhouser, Rhonda (VDOT) <Rhonda. Funkhouser@ VDOT.Virginia.gov> on behalf of Smith,
Matthew, P.E. (VDOT) <Matthew.Smith@ vdot.virginia.gov>
Sent: Friday, October 30, 2015 1:38 PM
To: Evan Wyatt
Cc: John Bishop; Campbell, Adam (VDOT); Short, Terry (VDOT); Lineberry, Jeff, PE (VDOT);
Smith, Matthew, P.E. (VDOT); Ingram, Lloyd (VDOT)
Subject: WWW Proffer Revisions - VDOT Comments 10.30.15
Evan,
District Planning has reviewed the submitted proffers on the WWW LLC property. Our comments are as
follows:
• Proffer 2 provides three external triggers (which are actually non -enforceable) for requiring the
owner to complete Retail Boulevard and a half -section of Petticoat Gap Lane. The Lutheran
Boulevard trigger should be revised to state "upon extension of Lutheran Boulevard to the shared
property line between the WWW LLC property and RZ #01-09" instead of the "completion" of the
road to Retail Boulevard. The "public street system" in the Trumpet Interchange trigger should be
clarified.
The proffer also provides an internal trigger, that the road improvements will be constructed by
the owner (assuming the external triggers have not been met) prior to the approval of the final
site plan on the WWW LLC property. This trigger may create a scenario where a small pad site on
the property is left undeveloped for years and the internal road network is not completed by the
owner. We recommend that the proffer should be updated to have the owner responsible for the
completion of Retail Boulevard and a half section of Petticoat Gap Lane from Retail Blvd to
Botanical Blvd prior to the issuance of an occupancy permit that adds 50,000 S.F. of additional
development to the site (cumulatively or as a single permit). The full section of Petticoat Gap Lane
should be constructed by the owner prior to the approval of the final site plan on the WWW LLC
property.
Should you have any questions regarding these comments, do not hesitate to contact this office.
Matthew B. Smith, P.E. I
Virginia Department of Transportation
Matthew.Smith@vdot.virginia.gov
COUNTY .of FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail:
rwillia@co.frederick.va.us
March 10, 2016
VIA E-MAIL AND REGULAR MAIL
Mr. Evan Wyati
Greenway Engineering
151 Windy hill Lane
Winchester VA 22602
Re: Rezoning Application — W W W, LC Rezoning
Proffer Statement dated April 2, 2015, revision date February 8, 2016
Dear Evan:
You have submitted to Frederick County for review the above -referenced proffer
statement (the "Proffer Statement") for the proposed rezoning of Tax Parcel Number 52-
A-B (the "Property"), 28.17± acres, more or less, in the Gainesboro Magisterial District,
from the B2 General Business District, with proffers, to the B2 General Business District,
with revised proffers. I have now reviewed the Proffer Statement and it is my opinion
that the Proffer Statement would be in a form to meet the requirements of the Frederick
County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a
proffer statement, subject to the following comments:
Proffer B 1— Street Improvements — Will the indicated portions of Petticoat Gap
Lane and Retail Boulevard actually be on the adjoining parcels (53-A-A and 53-
A-A 1)? If so, staff should be aware that the proffer is dependent upon the
dedication of rights -of -way by entities that are legally separate from the owners of
the Property.
Proffer B4 — Street Improvements — The option to provide either bonding or
evidence of an executed contract does not ensure actual completion of the
improvement. An executed contract represents only a financial obligation of the
owners to a third party contractor and that obligation could be significantly
impaired were the owner to encounter financial distress. A bond, on the other
hand, is a guarantee by a third party whose financial wherewithal meets certain
standards, so that, in the event of a default by the owners, the bond surety could
107 North Kent Street a Winchester, Virginia 22601
Mr. Evan Wyatt
March 10, 2016
Page 2
provide the necessary funds to accomplish completion of the proffered
improvement.
Proffer C4 — Property Design Features — The proffer proposes a "Board of
Directors for the Property". A "board of directors" is not an actual legal entity. It
would appear that the proper means to accomplish the proffer would be the
creation of a property owners' association (which itself would be governed by a
board of directors).
I have not reviewed the substance of the proffers as to whether the proffers are
suitable and appropriate for this specific development, as my understanding is that.review
will be done by staff and the Planning Commission.
1.
nncer ly,
Roderick B. Williams
County Attorney
cc: John Bishop, Deputy Director of Planning & Development, Frederick County (via
e-mail)
Evan Wyatt
From: John Bishop <jbishop@fcva.us>
Sent: Tuesday, May 10, 2016 1:45 PM
To: Evan Wyatt
Subject: www
Evan;
I have gone over WWW and reviewed VDOT's comments. I have no additional comments to add.
Thank you
John
i
U
•
Evan Wvatt
From: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@VDOT.Virginia.gov> on behalf of Smith,
Matthew, P.E. (VDOT) <Matthew.Smith@vdot.virginia.gov>
Sent: Thursday, April 14, 2016 10:23 AM
To: Evan Wyatt
Cc: jbishop@fcva.us; Smith, Matthew, P.E. (VDOT); Campbell, Adam (VDOT); Short, Terry
(VDOT); Ingram, Lloyd (VDOT)
Subject: WWW, LC Revised Proffer Statement - VDOT Comments
i
DEPARTMENT OF TRANSPORTATION
Staunton/Edinburg Land Development
14031 Old Valley Pike
Edinburg, VA 22824
We have completed the VDOT review of the Revised Proffer Statement for WWW, LC. Please find our review
comment below:
• The proffer should be updated to specify the additional 50,000 SF development trigger includes all vacant
parcels associated with the original rezoning not just Parcel 52-A-B, but to also include Parcels S2-A-
D,E,F,H, & M. We also recommend the "50,000 SF of structural area" be updated to "50,000 SF of gross
floor area" in Proffer B.2.
Should you have any questions, do not hesitate to call.
Matthew B. Smith, P.E. I Art,,i 1-rind Uw Fngin�cr
Virginia Department of Transportation
Clarke 1=redcrir.k, 51 i�� I, -If ��i I ('� �AI�u
14031 Old Valley Pike
Edinburg, VA 2282zi
voice: 510/931-5615
fax: 540/98,1-560/
(-mail: Matthew.Smith@vdot.virginia.gov
0
•
Evan Wvatt
From: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser®VDOT.Virginia.gov> on behalf of Smith,
Matthew, P.E. (VDOT)<Matthew. Smith@ vdot.vi rginia.gov>
Sent: Friday, October 30, 2015 1:38 PM
To: Evan Wyatt
Cc: John Bishop; Campbell, Adam (VDOT); Short, Terry (VDOT); Lineberry, Jeff, PE (VDOT);
Smith, Matthew, P.E. (VDOT); Ingram, Lloyd (VDOT)
Subject: WWW Proffer Revisions - VDOT Comments 10.30.15
Evan,
District Planning has reviewed the submitted proffers on the WWW LLC property. Our comments are as
follows:
Proffer 2 provides three external triggers (which are actually non -enforceable) for requiring the
owner to complete Retail Boulevard and a half -section of Petticoat Gap Lane. The Lutheran
Boulevard trigger should be revised to state "upon extension of Lutheran Boulevard to the shared
property line between the WWW LLC property and RZ #01-09" instead of the "completion" of the
road to Retail Boulevard. The "public street system" in the Trumpet Interchange trigger should be
clarified.
• The proffer also provides an internal trigger, that the road improvements will be constructed by
the owner (assuming the external triggers have not been met) prior to the approval of the final
site plan on the WWW LLC property. This trigger may create a scenario where a small pad site on
the property is left undeveloped for years and the internal road network is not completed by the
owner. We recommend that the proffer should be updated to have the owner responsible for the
completion of Retail Boulevard and a half section of Petticoat Gap Lane from Retail Blvd to
Botanical Blvd prior to the issuance of an occupancy permit that adds 50,000 S.F. of additional
development to the site (cumulatively or as a single permit). The full section of Petticoat Gap Lane
should be constructed by the owner prior to the approval of the final site plan on the WWW LLC
property.
Should you have any questions regarding these comments, do not hesitate to contact this office.
Matthew B. Smith, P.E.
Virginia Department of Transportation
Matthew.Smith@vdot.virginia.gov
J � •
A
\"�+�.•.-i'"�
151 Windy I [ill Luu•
��In(11l'.l(CI", ��1(Iilnl.l 2�i�111
;1
Foundcd in I97I
May 4,
2015
Frederick County Planning Department
Attn: John Bishop, Deputy Transportation Director
107 North Kent Street
Winchester, VA 22601
RE: WWW, LC Conditional Zoning Amendment
Dear John:
The purpose of this letter is to provide you with information pertaining to the Conditional Zoning
Amendment proposal for the WWW, LC commercial development located at the intersection of
Northwestern Pike (US Route 50 West) and Retail Boulevard. As you know, in 2003 Frederick
County approved a commercial rezoning with proffers for approximately 71 acres of land owned
by WWW, LC; and the County approved a Master Development Plan for this property in June
2004. The property owners have developed the majority of the property on the east side of Retail
Boulevard and have performed the majority of the proffered transportation improvements required
of this project to date.
The 2003 Proffer Statement anticipated a road network that included a 5-lane road major collector
road system that extended behind Wal-Mart to the road system associated with the Winchester
Medical Center. It is believed that the VDOT decision regarding limiting access to the. Valley
Health - Winchester Medical Center property and the proffered transportation improvements for
the Silver Lake and National Lutheran Home projects have deemphasized the type of road system
behind Wal-Mart that is needed to facilitate traffic within this area of the community.
The owners of the remaining portion of the WWW, L.C. property desire to process a conditional
zoning amendment specific to the 2003 Rezoning Proffer Street Improvements Item 4. The
conditional zoning amendment also eliminates previous proffers that have been performed by the
property owners to date. A rcd-line version of the proposed Proffer Statement has been provided
to assist in this review, as well as the new Proffer Statement and applicable exhibits for review by
VDOT, the County Attorney, and Planning and Development.
Iinl,incctti Mllvcyovs 1'Linncis Lnviiunnn ntal Sc icntists
Project 114928S
Icicl>luoncidU-66_ IIi;S FAXi10-i.„_, 5, .
)� `+
wwmgI ccnwaycnl;.c unl
Thank you for meeting with the property owners and me to discuss the proposed Conditional
Zoning Amendment and for presenting this request to the Frederick County Transportation
Committee for their information. Please contact me if you have any questions regarding this
information or if you need anything else regarding this matter.
Sincerely,
LU Ok-.
Evan Wyatt, AIC'
Greenway Engineering, Inc.
Cc: Rod Williams, County Attorney
Matt Smith, VDOT
Silver Lake, LLC
Winchester Warehousing, Inc.
Project #4928S
N
27
4
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inchester &
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asa yf Legend
�- WWW, Constructed
WWW, To Be Constructed
�•♦��'� Silver Lake, Constructed
Silver Lake, To Be Constructed
WWW, Proffer Amendment
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May 4, 2015
Frederick County Planning Department.
Attn: John Bishop, Deputy Transportation Director
107 North Kent Street
Winchester, VA 22601
RE: WWW LC Conditional Zoning Amendment
Dear John:
The purpose of this letter is to provide you with information pertaining to the Conditional Zoning
Amendment proposal for the WWW, LC commercial development located at the intersection of
Northwestern Pike (US Route 50 West) and Retail Boulevard. As you know, in 2003 Frederick
County approved a commercial rezoning with proffers for approximately 71 acres of land owned
by WWW, LC; and the County approved a Master Development Plan for this property in June
2004. The property owners have developed the majority of the property on the east side of Retail
Boulevard and have performed the majority of the proffered transportation improvements required
of this project to date.
The 2003 Proffer Statement anticipated a road network that illClUded a 5-lane road major collector
road system that extended behind Wal-Mart to the road system associated with the Winchester
Medical Center. It is believed that the VDOT decision regarding limiting access to the Valley
Health - Winchester Medical Center property and the proffered transportation improvements for
the Silver Lake and National Lutheran Home projects have deemphasized the type of road system
behind Wal-Mart that is needed to facilitate traffic within this area of the community.
The owners of the remaining portion of the WWW, L.C. property desire to process a conditional
zoning amendment specific to the 2003 Rezoning Proffer Street Improvements Item 4. The
conditional zoning amendment also eliminates previous proffers that have been performed by the
property owners to date. A red -line version of the proposed Proffer Statement has been provided
to assist in this review, as well as the new Proffer Statement and applicable exhibits for review by
VDOT, the County Attorney, and Planning and Development.
Fligincels Sui vcyuls Pla nncls Envi n,n nuvntal S(icillists
Project 114928S Tclellhtmc 5,10-06.1-118'S FAX 5,10-7 2 2-9528
ww ,glvenw.lyenl;.c1>m
w
•
Thank you for meeting with the property owners and me to discuss the proposed Conditional
Zoning Amendment and for presenting this request to the Frederick County Transportation
Committee for their information. Please contact me if you have any questions regarding this
information or if you need anything else regarding this matter.
Sincerely,
Evan Wyatt, AIC
Greenway Engineering, Inc.
Cc: Rod Williams, County Attorney
Matt Smith, VDOT
Silver Lake, LLC
Winchester Warehousing, Inc.
Project #4928S 2
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WWW, Constructed
WWW, To Be Constructed
Silver Lake, Constructed
'jam ♦ � . ���•, / 'rw
Silver Lake, To Be Constructed
111 11 1 111ProfferAmendment
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111 500 1 1,000
'
Untitled Page
littl)s:Htaxes.co.fi-edei-icl*.tts/applicatioiis/FR_payTaxes/REDetail.aspx
Frederick County V1* I'`ri I i << LIFE ar 7-9E 7-0
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2016 REAL ESTATE
Dept/I ickeltt RE2016 / 427790001
frequency 1 tiupplementtt 0
Nance WINCHESTER WAREHOUSING
INC. Map# 52 A B Account# 8014308
Name 2 SILVER LAKE LLC
Bill Dale 06/05/2016 Acreage 28.170
Address PO BOX 2368
Due Dale 06/06/2016 Improvements S0.00
WINCHESTER VA
Desc 28.17 ACRES Land Value S4,785,600.00
Land Use S14,085.00
'Lip 22604 1568
CUP#18-99 EXPANDING LANDS Minerals 50.00
Penalty Paid
S0.00 Interest Paid S0.00 Last Transaction Dale 05/18/2016
Curren( Payment Status
Original Bill
Payments Principal Balance Due Penalty Interest Balance Due
$42.26
(S42.26) $0.00 S0.00 S0.00 S0.00
Transaction Ilistorl,
Dale
I}pc 'IYansactionll Minuet Balance
6/5/2016
Charge 0 $42 26 S42.26
5/17/2016
I'rincipal Paid 705 (S-12.26) $0.(X)
Previous
1 of 1 7/6/2016 9:18 AM
and dated this 21"day of July, 2003, by and between WWW, L.C., a Virginia Corporation, party
of the first part, hereinafter called the Grantor, and WINCIIESTER WAREHOUSING, INC.,
party of the second part, hereinafter called the Grantee, and SILVER LAKE, LLC, a Virginia
WHEREAS, the limited liability company, WWW, L.C. has elected to dissolve and
TRACT ONE:
Parcel One: All that certain parcel of land containing 67.0960 acres, lying and being
situate in Gainesboro Magisterial District, Frederick County, Virginia, and shown as
Parcel B on a plat prepared by S.W. Marsh, L.S., of record in the Clerk's Office of the
Circuit Court of'Frederick County, Virginia in Deed Book 848 at Page 1198, et seq.;
and being the same land identified as Parcel One in that certain Deed dated
November 8, 1995 from The C. L. Robinson Corporation, a Virginia corporation, to
WWW, L.C., a Virginia limited liability company, of record in the Clerk's Office of
the Circuit Court of Frederick County, Virginia, in Deed Book 848 at Page 1196.
Parcel Two: All that certain parcel of land containing 0.3465 acres, lying and being
situate in Gainesboro Magisterial District, Frederick County, Virginia, and shown as
Parcel 80 on plat prepared by S.W. Marsh, L.S., dated September 1, 1995, of record
in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed
Book 848 at Page 1200-1201 and by this reference made a part hereof as if set out in
frill; and being the same land identified as Parcel Two in that certain Deed dated
November 8, 1995 from The C. L. Robinson Corporation, a Virginia corporation, to
E
WWW, L.C,, a Virginia limited liability company, of record in the aforesaid Clerk's
Office in Deed Book 848 at Page 1196.
TRACT TWO: All that certain tract or parcel of land, lying and being situate in
Oainesboro District, Frederick County, Virginia, containing 3,464 acres, more or less,
lying on the North side of U.S. Route 50 and more particularly described by survey
prepared by Mark D. Smith, Land Surveyor, dated February 20, 1998 attached to the
hereinafter mentioned deed and by this reference made a part hereof as if set out in
ftill; and being the same land conveyed to WWW, L.C., a Virginia limited liability
company, by Deed dated April 3, 1998 from John W. Reid, Sr, et at, of record in the
aforesaid Clerk's Office in Deed Book 902 at Page 965.
WITNESS the following signatures and seals.
WWW, L.C.
BY L1� (SEAL)
C. Robert Solenberger, Manager
B (SEAL)
J es R. Wilkins, Jr., anager
9 - •
►Qe�.
y
w;
o
CD
t.D
110
STATE OF VIRGINIA
CITY OF WINCHESTER, TO -WIT
I, boo-. . t^a'l'au'�n , a Notary Public in and for the State and
jurisdiction aforesaid, do hereby�ffe'rtify that C. Robert Solenbergcr, Manager of WWW, L.C.,
whose name is signed to the foregoing DEED dated the 21" day of July, 2003, has personally
appeared before me and acknowledged the same in my State and jurisdiction aforesaid.
(liven under my hand thia'4zny of / 2003.
My Commission expires ,.:? �Uh
NOTARY PUBLIC
STATE OF VIRGINIA
CITY OF WINCHESTER, TO -WIT
I, Debt& L. arbLU4 , a Notary Public in and for the State and
jurisdiction aforesaid, do hereby ceftify that James R. Wilkins, Jr., Manager of WWW, L.C.,
whose name is signed to the foregoing DEED dated the 21" day of July, 2003, has personally
appeared before me and acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this a`/"_&ay of J4_ �q, _ , 2003.
My Commission expires Ma 3
' 0 �.�s
VIRGINIA: FREDERICK COUNTY,S NOTARY PUBLIC
Thh instrument toff writing was produced to me on
,.S�..J.-- at 1
andand wl�icate of acknowledgement thereto a nexed
was admitted 7toecord.T imposed by Sec. 58.1.802 of
58.1-801 have been paid, if aswmblt:
4�cGC.L
4� 1. C114* f
11779" VDFEa In Masd,no of LLC•11779 WWW LC •pd
E
10�
SMARR. WCANOLISH
AROCKWOOb
AROAMOI AT LAR
RIX111— . V3.1.11
BI(81431`51196
THIS DEED, made this J-P� day of 1j16L1&Md62 , 1995,
by and between THE C. L. ROBINSON CORPORATION, a Virginia
Corporation, (formerly known as THE C. L. ROBINSON ICE AND
COLD STORAGE CORPORATION, a Virginia Corporation), hereinafter
called the Grantor, and 414W, L.C., a Virginia Corporation,
hereinafter called the Grantee.
WITNESSEI'H: That in consideration of the sum of
Ten Dollars ($10.00), and other valuable considerations paid
the Grantor by the Grantee on or before the delivery of this
Deed, the receipt of all of which is hereby acknowledged, the
Grantor hereby grants, sells and conveys, with general warranty
and with English covenants of title, unto the Grantee, in fee
simple, the following real estate, together with all improvements
and appurtenances thereto belonging but subject to all easements
and legally enforceable restrictions and reservations of record
affecting such realty:
PARCEL ONE: All that certain parcel of land containing
67.0960 acres, lying and being situate in Gainesboro
Magisterial District, Frederick County, Virginia,
and shown as Parcel B on a plat prepared by S. W.
Marsh, L.S., dated August 28, 1995, and being a part
of the same land conveyed to The C. L. Robinson
Corporation by Deed dated May 11, 1983, recorded
in the Clerk's office -of the Circuit Court of Frederick
County, Virginia, in Deed Book 560, at Page 33, and
being part of the same land conveyed to The C. L.
Robinson Ice and Cold Storage Corporation by Deed
dated May 1, 1930, recorded in said Clerk's Office
in Deed Book 160, at Page 460.
PARCEL TWO: All that certain parcel of land conta& i.ng
0.3465 acres, lying and being situate in Gainesboro
Magisterial District, Frederick County, Virginia,
and shown as Parcel 80 on a plat prepared by S. W.
Marsh, L.S., dated August 28, 1995, and being the
same property conveyed to The C. L. Robinson Corporatio,
a Virginia Corporation, by Deed dated June 9, 1989,
recorded in said Clerk's Office in Deed Book 715,
at Page 819.
0
•
WITNESS the following signature and seal:
THE C. L. ROBINSON CORPORATION,
I
a Virginia Corporation
By(C,p
(SEAL)
I'dward B. Robinson, President
STATE OF VIRGINIA,
CITY/e&dtfRY OF to -wit:
The foregoing instrument was acknowledged before
�'`
me this _ day of 1995, by Edward B.
Robinson who is President of The C. L. Robinson
Corporation, a Virginia Corporation, on behalf of the corporation.I
My commission expires
SHAM MCCAMOnSN
• ROCKWOOD
Art Hlln AT uW
2 -
0
l: EA t n
�� 1. M1 *�,n.�`-". � .� �� •
��.•- nd Hill :+' -., • J A
ly
/-' /, (isiw�"' �'`�• ;J MGIITY 4AP :
$. \\ • L eu`. r;• �F>a= SCAE: 1"-2(X ' ;'�.7'f
PPROVEU BY ��—
Subdivision Administrator N2n * •i�
Date
OIV IT'S CONSENT
The above and foregoing Minor Rural Subdivision between the lands of C. L.
ROBSINSON CORPORATION, a Virginia Corporation, as appears in the accompanying plat,
is with the free consent and in accordance with the undersigned owners, proprietors,
and trustees, if any. -)L. RO SO f-&MRATION
N07ARY PUBLIC
I, L)r a Notary Public in and for the slate of Virginia, at large,
do certify that fA.-U-CU-d tO Preaiden(,whose name is signed to
the foregoing Owner's Consent, has acknowledged the some before me in my state.
ff
Oven under my hand this $— day of CW A) 1995.
,M(y\commission expires 5�3./p94
A�.'-i1.rs•.�cr.�g� v�. `!•ate -S
i
SURVEYOR'S CERT Il7CATE
I hereby certify that the land contained in this Minor Rural Subdivision is the salve
land conveyed to C. L.
Robinson Corporation by deeds dated 1 May 1930, 11 May 1983,
27 October 1983 and
12 July i990, said deeds recorded in the Office of the Clerk of
the C.ircL t ,vurt of Frederick County, Virginia in Deed Book 160 of Page 460. Deed
Book 560 -.l Page 33, Deed Book 570 at Page 209, and Deed Book 748 at Page 1581,
respectively.
TM 52 ((A)) Pc( 509
S. IV. Marsh, L. S.
Zoned: RA
se: Agricultural
q4 53 ((A)) Pcl 71A
jt red: RA
Vr•" Orchard
Final Plot for
I f"tined. (RA)) Pcls 71,72
MWOR RURAL SUBDIVISION
L14a: Agricultural, orchard
Between The Lands Of
PST H OF
C. L. ROBINSON CORPORATION
�E
Gainesboro Magisterial District
Plot: MRS—WTLK.dwg Frederick Count); Virginia
W MARS
S.Z:) CERTIFICATE NO.
DATE: 28 August 1995 Cover Sheet Sheet 1 of 4
u 1943 a
hlARSH & ]LEGGE
t
S11K %Eye
L nd Surveyota, P.L.C.
V
139 North stint Wb,dlater. trgW* 22601
(540) 667-0466 r.. (540) 667—Or69
"ROBINSON /
SPAID /
ZONED: RA
USE: VACANT u N/ n CC
t, 4 ;'Si
l l 9 9
ZONED: RA
USE: RESIDENTIAl�
i+„ Altn U
® oan
/
Ny\ $
i moo\
i
BLACK
ZONED: RA //
USE: RESID£N nAL �
d° \
a \
z x \
1y I L K I N S
ZONED: RA
USE:
1
ooded)
VACANT (Wooded)
\•
A
\
R - 5617.58'_
L = 930.57' % / noon
lQ POND
r
Parcel
C
19 . \`, 89.0881 Acres , \\
17
j
1
seme
50' Ingress/Egress Eant
Parcel B
15 ;
67.0960 Acres;
LINE (See Sheet 3 of 4
0 250 600 1000
Graphic Seale in Feet See Sheet 4 of 4 for Line Table
1.=500' and Area Summary.
Final Plat for
MINOR RURAL SUBDIVISION
Between The Lands Of
C. L. ROBINSON CORPORATION
Goinesboro Magisterial District
Plot: MRS-WLK.dwq Frederick County, Vir into
D
DATE: 28 August 1995 SCALE: 1"=500' Sheet 2 of 4
AIiSH & IL.EGGE
lend Staveyore. P.L.C.
ftod 22601
139NorthCancanSttcet er.Vltytnis
(540) 667-0460 Far (540) 667-0469
U
REND /
ZONED. RA
USE: RESIDENTIAL
ItI I
l\
SEE SHEETS , / / 0
4 OF 4 H i
C
ZONED:
CK5ItUG 1 200
M A r C H L I N E (See Sheet 7 or 4
/O
0
60' R/W rrgJ
(08 560_P 33)
Hereby Vacated
/ .ye /
USE: kEf
JA4N5 N/
RA
USE. ES.
"NSON J
�G "
IZONED: RA
VACANT
/
jM
TURNER
J ZONED: RA
USE. RESIDEN77AL
HUFFMAN
ZONED. RA F
USE: RESIDEN17AL map a
4
1 �
"Pl.
'�iJ `sal
o 250 Soo e000
Graphic Scale in Feet
1 "=500'
/ 1
/0J 11 Df4n
�9,
TO
q 1 1 �y
m
�P� 1 V v
� 1 N
1
11
-// Parcel A
78.3254 Acres
i
i
i
i
� /Aa
i
eP i ,6`L
o0.
0•
`e� O�r�ORG�
See Sheet 4 of 4 for Line Table
and Area Summary.
Final Plot for
MINOR RURAL SUBDIVISION
Between The Lands Of
� -tHopC.
L. ROBINSON CORPORATION
�Cainesboro
Magisterial District
Plot: MRS-►eLK.dw Frederick Counf , Virginia
S. W. MARSH
!CERTIFICATENO.
DATE: ' September 1995 SCALE: I"=500' Sheet 3 of 4
1843 a
MARSH & 1LEGGE
<
"V,V
Land Surveyors, P.L.C.
SURX
139 North Cemvoa Street Wlaclreler, VMnY 2W01
(.40) eel -sea ra. (640) ee7-046P
0
0
SEE SHEET 3 OF 4
Cl
A�Rc�ie�
R/i 9 / Parcel
Reid � 0.3465 Acrcr esl
i
O �0OC.C. ROBINSON
PARCEL B
Q 8 OO V
l 4 �:/
lPpU7F s��� �
SCALE: 1"-100'
IAX MAP 53 ((A))
PARCEL 80
DB 715-P :',9
ZONED: RA
USE RESIVEN77AL
[ 3.:Ii1 0�ine Table
LINE
D/RECIION
DISTANCE
I
N70 34 04 W
77.46
2
N7034 04 W
675 06
J
N09'5154 E
26.JB
4
58923 06 E
1700
5
NI95J54 E
fZOD
6
N28'4J 06 W
26.00
7
NJl'0J54„E
f4f46.70
8
N66'40 06 W
90.60
9
SIB'3154 W
210.72
t0
N66'4003 W
1I0.00
11
N85 07 57 W
12
N7355 25 IY
�215.00
IJ
N80'1J J1W14
SIB'JI56 W
15
N74 00 48 W
550.48
16
N6909 21 W
200.65
17
18
N78'48 00 W
-' N7J584 IIV
200.74
449.48
19
N6545 54 W
151.70
20
N79 56 34 W
206.57
21
N64 J016 W
81.08
22
N452944 E
300.00
23
N6430161V
200.00
14
54529 44 W
300.00
25
N32 48 J4 W
J59.46
26
N3J77 45 W
435.65
27
N3255 59 W
265.40
Area Summary
PARCEL A
78,3254 ACRES
PARCEL 8
67.0960 ACRES
1M 52 (50B
PARCEL C
89.0881 ACRE5
08 — P 209
Zoned:
ZoRA
TOTAL AREA SUBDIVIDED
234.5095 ACRES
Use: Agricultural
PARCEL 80
0 3455 AC! cS
TOTAL AREA
234.8560 ACRES
1M 53 ((A)) PA
J3
DB 560 — P J3
Zoned: RA
Use: Orchard
Notes
IM 53 ((A)) Pc/9 71,72
1. No title report furnished.
OB 160 — P 460
2. Easements may exist that are not shown.
Zoned: RA
Use: Agricultural, Orchard
J. Iron rods found or set of all property corners.
VIRt31N1A: FREOERICK 000NTY, tiCT.
ih rumentLo/t/yr�ltln`p was produ d to nl�on the "
Yaf—F-f... tli at tf2
tnd t:ertHiCala of acY,nuwledpment thoreto annexed
We 1� b roeord. Tax tmpoeed by Sec. 58.1-802 of
2OYO tnd 58J-001 have bolo puld, 0 assessable.
Final Plat for
Cledt
MINOR RURAL SUBDI VISION
Between The Lands Of
H OA-
C. L. ROBINSON CORPORATION
�10X1
Goinesboro Magisterial District
C
Plot: MRS-W1LK.dwg Frederick County, Virginia
ARSH
CERTIFICATE NO, ?
DATE: 1 September 1995 UNE TABLE Sheet 4 of 4
1843 n
MARSH & LEGGE
<
'�0 SUR`X
Land Surveyors, P.L.C.
138North cafftaesuvo Wh0orter,Vtrytnb 22001
(640) 667-046e Fm (640) W-0469
0 •
030011
328 0
THIS DEED IN DISSOLUTION OF LIMITED LIABILITY COMPANY made
and dated this 21" day of July, 2003, by and between WWW, L.C., a Virginia Corporation, party
of the first part, hereinafter called the Grantor, and WINCHESTER WARD, HOUSING, INC.,
party of the second part, hereinafter called the Grantee, and SILVER LAKE, LLC, a Virginia
limited liability company, party of the third part, hereinafter called the Grantee
WHEREAS, the limited liability company, WWW, L.C. has elected to dissolve and
in distribution of the assets, the Grantor hereby distributes the same according to the interest of
the parties:
WITNESSETH: That for and in consideration of the benefits to accrue thereby, the
Grantor does hereby grant and convey a one-half (%) undivided interest into the Grantee,
Winchester Warehousing, Inc. and one-half (%) undivided interest unto the Grantee, Silverlake,
LLC, all of those certain tracts or parcels of land lying and being situate in Back Creek
Magisterial District, Frederick County, Virginia, and more particularly described as follows:
TRACT ONE:
Parcel One: All that certain parcel of land containing 67.0960 acres, lying and being
situate in Gainesboro Magisterial District, Frederick County, Virginia, and shown as
Parcel B on a plat prepared by S.W. Marsh, L.S., of record in the Clerk's Office of the
Circuit Court of Frederick County, Virginia in Deed Book 848 at Page 1198, et seq.;
and being the same land identified as Parcel One in that certain Deed dated
November 8, 1995 from The C. L. Robinson Corporation, a Virginia corporation, to
WWW, L.C., a Virginia limited liability company, of record in the Clerk's Office of
the Circuit Court of Frederick County, Virginia, in Deed Book 848 at Page 1196.
Parcel Two: All that certain parcel of land containing 0.3465 acres, lying and being
situate in Gainesboro Magisterial District, Frederick County, Virginia, and shown as
Parcel 80 on plat prepared by S.W. Marsh, L.S., dated September 1, 1995, of record
in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed
Book 848 at Page 1200-1201 and by this reference made a part hereof as if set out in
full; and being the same land identified as Parcel Two in that certain Deed dated
November 8, 1995 from The C. L. Robinson Corporation, a Virginia corporation, to
•
LJ
WWW, L.C., a Virginia limited liability company, of record in the aforesaid Clerk's
Office in Deed Book 848 at Page 1196.
TRACT TWO: All that certain tract or parcel of land, lying and being situate in
Gainesboro District, Frederick County, Virginia, containing 3,464 acres, more or less,
lying on the North side of U.S. Route 50 and more particularly described by survey
prepared by Mark D. Smith, Land Surveyor, dated February 20, 1998 attached to the
hereinafter mentioned deed and by this reference made a part hereof as if set out in
full; and being the same land conveyed to WWW, L.C., a Virginia limited liability
company, by Deed dated April 3, 1998 from John W, Reid, Sr, et al, of record in the
aforesaid Clerk's Office in Deed Book 902 at Page 965.
WITNESS the following signatures and seals.
WWW, L.C.
BY L/�1i (SEAL)
C. Robert Solenberger, Manager
B r^-tCW (SEAL)
. Wilkins, Jr., anager
• - •
0
STATE OF VIRGINIA
CITY OF WINCHESTER, TO -WIT
I, _hgbea. - Ca'1-c2u.b , a Notary Public in and for the State and
jurisdiction aforesaid, do hereby ertify that C. Robert Solenberger, Manager of WWW, L.C.,
whose name is signed to the foregoing DEED dated the 21" day of July, 2003, has personally
appeared before me and acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this�`day of 2003. /
L,
My Commission expires
r c�
NOTARY PUBLIC
STATE OF VIRGINIA
CITY OF WINCHESTER, TO -WIT
I, Rehm L. ar^.ba�4 , a Notary Public in and for the State and
jurisdiction aforesaid, do hereby cdtify that James R. Wilkins, Jr., Manager of WWW, L.C.,
whose name is signed to the foregoing DEED dated the 21" day of July, 2003, has personally
appeared before me and acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this,�q�ay of �ulty 2003.
My Commission expires Mq!j: 3
_.� .N—OT oZ. ��
VIRG[NIA: irREDERICK COUNTY,S •NOTARY PUBLIC
Ti»s instrument doff writing was produced to the on
at M.
t' and with certificate of acknowledgement thereto ar1nexcd
was admitted to ecord. T imposed by Sea 58,1.802 of
and 58.1.801 have been paid, if assessable
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THIS DEED, made this _k day of , 1995,
by and between THE C. L. ROBINSON CORPORATION, a Virginia
Corporation, (formerly known as THE C. L. ROBINSON ICE AND
COLD STORAGE CORPORATION, a Virginia Corporation), hereinafter
called the Grantor, and WWW, L.C., a Virginia Corporation,
hereinafter called the Grantee.
WITNESSETH: That in consideration of the sum o;
Ten Dollars ($10.00), and other valuable considerations paid
the Grantor by the Grantee on or before the delivery of this
Deed, the receipt of all of which is hereby acknowledged, the
Grantor hereby grants, sells and conveys, with general warranty
and with English covenants of title, unto the Grantee, in fee
simple, the following real estate, together with all improvements
and appurtenances thereto belonging but subject to all easements
and legally enforceable restrictions and reservations of record
affecting such realty:
PARCEL ONE: All that certain parcel of land containing
67.0960 acres, lying and being situate in Gainesboro
Magisterial District, Frederick County, Virginia,
and shown as Parcel B on a plat prepared by S. W.
Marsh, L.S., dated August 28, 1995, and being a part
of the same land conveyed to The C. L. Robinson
Corporation by Deed dated May 11, 1983, recorded
in the Clerk's Office -of the Circuit Court of Frederick
County, Virginia, in Deed Book 560, at Page 33, and
being part of the same land conveyed to The C. L.
Robinson Ice and Cold Storage Corporation by Deed
dated May 1, 1930, recorded in said Clerk's office
in Deed Book 160, at Page 460.
PARCEL TWO: All that certain parcel of land contaa'.ing
0.3465 acres, lying and being situate in Gainesboro \
Magisterial District, Frederick County, Virginia,
and shown as Parcel 80 on a plat prepared by S. W.
Marsh, L.S., dated August 28, 1995, and being the
same property conveyed to The C. L. Robinson Corporatio,
a Virginia Corporation, by Deed dated June 9, 1989,
recorded in said Clerk's Office in Deed Book 715,
at Page 819.
0
9
91
WITNESS the following signature and seal:
THE C. L. ROBINSON CORPORATION,I
a Virginia Corporation
Ldward B. Robinson, President
STATE OF VIRGINIA,
CITY/e8UN%Y OF to -wit:
The foregoing instrument was acknowledged before
me this _� day of 1995, by Edward B.
Robinson , who is President of The C. L. Robinson
Corporation, a Virginia Corporation, on behalf of the corporation.1
My commission expires
ANAk11. McCANDU N
&HUCKWOO
♦ROLMLTL �T UV — 1
nna�mu, RLcwu
i
r/ .�...r I I A3
' Al
^P OJECY-A EA ��? lq mix
-�►, y1sp-`.: and Hill ) '
a ' : ih •. , T r y yy,
/-> ! • (�Siw>. .: F;� i 1 Na1- 111iy 1AAp r.:: r �•, {
SCALE: 1'*7U(q'
PPROVED BY ��,� Id f•
Subdivision Administratorw s
Dole
OIY ER S CONSENT
The above and foregoing Minor Rural Subdivision between the lands of C. L.
ROBSINSON CORPORATION, a Virginia Corporation, as appears in the occompullying plot,
is with the free consent and in accordance with the undersigned owners, proprietors,
and trustees, if any. lJI . RO SO)js�tOW1 ATION
Ergs
NOTARY PUBLIC
1, bat , J_t�na :;. a Notary Public In and for the state of Virginia, at large,
do certify that Fr'i kAstint `YJ . �ailtn+_�c•vv.Presidenr,whose name is signed to
the foragoing Owner's Consent, has acknowledged the some before me in my stale.
Open under my hand this 5— rtf day of 1995.
My commission expires 5-/3[/99
O
SURVEYOR'S CER17IICATF
I hereby certify thot
the land contained in this Minor Rural Subdivision is the some
land conveyed to C. L.
Robinson Corporation by deeds dated 1 May 1930, 11 May 1983,
27 October 1983 and
12 ,iuly 1.990, said deeds recorded in the Office of (he Cierk of
the Circt.if -7ourt of Frederick County, Virginia in Deed Book 160 at Page 460. Deed
Book 560 at Page 3J,
Deed Book 570 at Page 209, and Deed Book 74B of Page 1581,
respectively.
IU 52 ((A)) Pcl 508
S. IV Marsh, L. S.
Zoned: RA
se: Agricultural
rt4 53 ((A)) Pcl 71A
jy ied: RA
v„• orchard
Final Plot for
I iN 53 ((A)) Pcls 71,72
4uned: RA
MINOR RURAL SUBDIVISION
t4a: Agricultural, Orchard
Between The Lands Of
aF L
C. L. ROBINSON CORPORATION
Gainesboro Magisterial District
Plat: MRS-WLK.dwg Frederick Count); Virginia
S. MARS
CERTIFICATE N0. -.
DATE: 28 August 1995 Cover Sheet Sheet 1 of 4
1843 n
� mtm & LEGGE
SIIR�
Lent Surveyola, P.L.C.
1391'fotth0anetonsuvet Wmdknter,Vtryhue 22WI
(540) 667-0466 ra[ (S10) 667-0469
>/ HOBINSON /
ZONED: RA
SPAID / USE: VACANT u /I Nn n
ZONED: RA �1 tJ (� : li 19 7
USE., RESIDENTIAL ® N Lop$ 0
/ a0\
i
BLACK P
ZONED: RA dD \ IV I L K I N 5
USE. RESIDENTIAL }�
\\ ZONED .• RA
"XI�m m ; \ USE: VACANT (Wooded)(-: 4
R - 5617.58'
L = 930.57' % r / FLOOD
r
f /Z U• \
l0 POW
/ u
o I \\\ Parcel C \\\\
19 . 89.0881 Acres 1 a \\
11
I$ < 7
O / 1
- 1s \\
,0 50' Ingress/Egress Easement
Parcel B
t5 ; 67.0960 Acres;
M A T C H L I N E (See Sheet 3 of 4
o M Soo 1000
Graphic Scale in Feet
1 `-500'
Pam,., uF L
�t'IRKJH Z
o CERTIFICATE ND. -
u 1843 a
lgHD SUR4-
See Sheet 4 of 4 for Line Toble
and Area Summary.
Final Plat for
MINOR RURAL SUBDIVISION
Between The Lands Of
C. L. ROBINSON CORPORATION
Goinesboro Magisterial District
Plot: MRS-WTLK.dwg Frederick County, Virginia
DATE: 28 August 1995 1 SCALE: 1-=500' 1 Sheet 2 of 4
NI.Al2SH & ILEGGE
Land Surveyors, P.4C.
139 North C*Merat 5tred W6roheNwvvglnia ZWOI
(540) 667-0160 far (SW) 667-0469
•
•
CK3It8 'G 1 20G
M A T C H L I N E (See Sheet 2 of 4
/ r �
ZONED: RA 14 13�sW j O �'L
USERESIDENAAL 60' R e12t,1�
/ / o n
I0� (OB 560-P 33) J o /�� 1 t; < r 4 or
12 Hereby Vacated
/ / m
/ o
SEE SHEE a 1
4OF 4 /foC,
V" • C'// yy / car 1 v
RENNER
ZONED. RA
USE: RE� �\ v / / Parcel A '
P
JOHNS N
USE. ES.
JJOHNSON \ t
ZONED: RA 1
ISE: VACANT /
' TURNER
ZONED. RA HUFFMAN *9
' USE. • RESIOENRAL ZONED. RA
USE: RESIDENTIAL
1 \
oe
0 750 Soo 1000
Graphic Scale in Feet
1 '=500'
�78.3254 Acres
C\�Q�Gt BP/�i 11
See Sheet 4 of 4 for Line Table
and Area Summary.
Final Plat for
MINOR RURAL SUBDIVISION
Between The Lands Of
C. L. ROBINSON CORPORATION
? Gainesboro Magisterial District
Plat: kfRS-WL-K.dw9 Frederick County, Virginia
x S. W. MARSH
t] CERTIFICATE NO. DATE: ; September 1995 SCALE: 1'=500' Sheet 3 of 4
J 1043 a
<,qND Sl1R��.
MARSH
& LEGGE
Lend Surveyors. P.L.C.
Ise Norm omroo Sheet
vlkx fer, v"Mas Z*01
taro/ eel-o46e
rex (040) 667-0469
0 is
SEE SHEET J OF 4
C�
N1)7 f' / Parcel 80 / I
Reid J ' /� 0.3465 Acr
C.L. ROBINSON
/Jk'00
PARCEL B
UOA
in
R007F St�\� ,
TAX MAP 53 ((A))
PARCEL 80
OB 715-P :',J
ZONED: RA
USE., RESIVEN77AL
0(3 .: 0 f na Table
Area
Summary
PARCEL A
78.3254 ACRES
PARCEL B
67.0960 ACRES
PARCEL C
89.0881 ACRE5
TOTAL AREA SUBDIVIDED 234.5095 ACRES
PARCEL 80
0.3465 ACf 7S
TOTAL AREA
234.8560 ACRES
Notes
1. No title report furnished.
2. Easements may exist that are not shown.
3. Iron rods found or set at all property corners.
VIRGIN1A: FAVOERK:K 000NTY, OCT.
Th Mont a rllln was produ d to nti on the R
yof, 19 et
and w card icala of acknuwledprnent thoreto annexed
rq dill b record. Tex fnrpoead by Sec. 58.1.802 of
6 and 5E.1-e01 have boun paid, if aa3eesable.
H
i S.'M/. rHARSH v Z Plot: AIRS-
❑ CERTIFICATE NO, DATE: 1
u 1843 a
UNE
'91ECTION
DISTANCE
I
N7034 04 W
77.46
2
N7034 04 W
65.06
3
N095I54 E
26.38
4
5892J06 E
17.00
5
N195354 E
I2.00
6
N28 4J O6 'W
26.00
7
NJIOJ 54 E
146.70
8
N664006 W
90.60
9
SIB3154 W
210.71
10
N66 4U 03 W
110.00
11
N85 07 57 W
126.47
12
N7355 25 W
215.00
13
NBO'13 Jl W
MO.00
14
518'3156 W
185.77
15
N74 00 48 W
550.48
16
N6909 21 W
260.68
17
N78 48 00 W
200.74
18
N7358 43 IV
449.48
19
N65'45 54 W
I51.70
20
N79 56 34 W
208.57
21
N64 J016 W
81.08
22
N452944 E
J00.00
23
N64J0161V
ZOO.00
24
54579 44 W
J00.00
25
N32'48 J4 W
359.46
26
NJ327 45 W
435.65
27
N3255 59 W
265.40
TM 52 ((A)) Pcl 508
DB 570 - P 209
Zoned. RA
Use: Agriculturol
TM 53 ((A)) Pcl 71A
DB 560 - P J3
Zoned: RA
Use: Orchard
TM 53 ((A)) Pde 71,72
DB 160 - P 460
Zoned: RA
Use: Agricultural, Orchard
Final Plat for
Clark U AL 0110MVISION
MINOR R R
Between The Lands Of
C. L. ROBINSON CORPORATION
Goinesboro Magisterial District
Frederick County, Virginia
!r 1995 UNE TABLE ISheet 4 of 4
MARSH & ]LEGGE
Land CgtiO Sl1R��� 139 North Camerae shwit Wmetaster, Ytrylnts 22001
*7 (640) $67-0466 F. (540) "1-0469
GREENWAY ENGINEERING
1.51 Windy Hill Lane _
Founded ;n 1971 Winchester, Virginia 22602
j
TRANSMITTAL
Project Name: WWW, LC Final Proffer Statement
File No: 4928S
Date: Tue, Oct 4, 2016
To: FC Planning
From: Evan Wyatt
Attn: John Bishop GREENWAY ENGINEERING
Copied Phone: 540-662-4185
Fax: 540-722-9528
Delivery: ❑ Fed Ex [ U.S. Mail
❑ Other
❑ Urgent ❑ For Your Review
Hi John,
Courier [—] Pick Up
0 As You Requested ❑ Please Comment
Message
Please find attached the final Proffer Statement for the WWW, LC Rezoning Application that
addresses everything that we discussed, including the County Attorney comments that were
received on October 3rd. The attached Proffer Statement has been signed by the property owners
and should be provided to the Board for their October 12th meeting.
Thanks, Evan
Hand Delivery and Pick Ups Onl.:
Received by: Date:
Please Print Name:
0 0
DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS
FREDERICK COUNTY, VIRGINIA
,5Jhf\
GIS, MAPPING, GRAPHICS
WORK REQUEST
DATE RECEIVED:
REQUESTED COMPLETION DATE:
REQUESTING AGENT:
Department, Agency, or Company: -
Mailing and/or Billing Address:
Telephone.
E-mail Address:
ESTIMATED COST OF PROJECT:
nl1r,
FAX:
DESCRIPTION OF REQUEST: (Write additional information on back of request)
to MQ_. Re,-r-0 n I n 5
1 5a_A-e, \NVvW1 LC.
�v 5 a -A
DIGITAL: PAPER: FAX: E-MAIL:
SIZES:
COLOR: BLACKJW ITE: NUMBER OF COPIES:
STAFF MEMBER:
COMPLETION DATE:
MATERIALS:
DATE OF PICK-UP/DELIVERY:
AMOUNT DUE:
AMOUNT BILLED:
METHOD OF PAYMENT:
'-yy b l -r"' d
HOURS REQUIRED:
AMOUNT PAID:
CHECK NO.#
Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (54U)66_)-_)b.)t)
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Building Footprints 2 MORT"star
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B2 (Business. General Distrist) -D ��' _ ►•cr
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<: B3 (Business. Industrial Transition District) �u Ro 0
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)
R6 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
Note:
REZ # 08 - 16
Frederick County Dept of
W w W LC
Planning &Developmene
107 N KentSt
PIN:
Suite 202
52 - A - B
Winchester. VA 226C
Modified Proffers
540 - 665 - 5651
Map Created: July 14. 201 6
Staff: jbishop
n gas
zzn 660 Feet
r
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Applications
Parcels
Sewer and Water Service Area
Building Footprints
REZ#08-16
WWW, LC
PIN:
52-A-B
Modified Proffers
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WELLS MILL ,CROCK
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Note:
Frederick County Dec -
Planning '
DeveloPr
107NKent
e
107 Kentt St
Suite 202
Winchester, VA 226C
540 - 665 - 5651
Mop Created: July 14. 2016
Staff: jbishop
0 165 330 660 Feet
tJ10
NORTHWESTERN
IIKE
ME
Applieatione
Parcels
Sewer and Water Service Area
j
Building Footprints
Long Range
Land Use
O
Residential
�•S:
Neighborhood Village
Urban Center
-
Mobile Home Community
Q
Business
Highway Commercial
Mixed -Use
la
Mixed Use Commercial/Office
0
Mixed Use Industrial/Office
-
Industrial
®
Warehouse
Heavy Industrial
QExtractive
Mining
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Commercial Rec
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Rural Community Center
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Fire & Rescue
Historic
®
Institutional
-
Planned Unit Development
Park
Recreation
School
Employment
Airport Support Area
O
B2/B3
OResidential
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 8 Recreational Resources
tft>d
NORTHWESTERN
►1KE
REI #08-16
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Note:
REZ # 08 - 16
Frederick County Dec'
W w W LC
Planning &Develop
107 Kent St
IN
PIN:
Suite 202
52 - A - 0
Winchester. VA 226C
Modified Proffers
540 - 665 - 5651
Mop Created: July 14. 2016
Staff: jbishop
0 210
420 840 Feet
9 •
-0 GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
TRANSMITTAL
Project Name: W W W Conditional 'Zoning Amendment
File No: 4928S
Date: Wed, Jul 6, 2016
To: FC Planning/Transportation
Attn: John Bishop
Copied
Delivery: ❑ Fed Ex
❑ Other_
❑ U.S. Mail
juL
From: Evan Wyatt
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
0 Courier �, Pick Up
❑ Urgent F.70For Your Review ❑ As You Requested W Please Comment
Message
Hi John,
Please find attached the information required for the formal filing of the WWW Conditional
Zoning Amendment. I have provided you with a packet with original owner signatures, a packet
with a copy of the same information; as well as a CD with PDFs of all applicable information.
Please schedule this project for the August 3, 2016 Planning Commission meeting and contact me
if you need anything else at this time.
Thank you,
Evan
Hand Delivery and Pick Ups Only:
Received by:
Please Print Name:
Date:
JUL 5 P016
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 DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE
COMMENTS AS TO WHA T YOU WOULD LIKE TO HA VE COMPLETED.
Initials Date & Time
Candice
Mark
Dave
Tyler
Mike
John
COMMENTS: I `� c
Received by Clerical Staff (Date & Time)« - /
(S:Office on Blackbox\Forms\Documen t Approval Form—6/7/2016 )