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04-00 Mid - Atlantic Industrial & Tech Center (Shockey Industries) - Backfile (4)
Date REZONING TRACKING SHEET Application received/file opened Reference manual updated/number assigned 11 D-base updated 10•Z q-00 IeJ.GL,File given to office manager to update Application Action Summary Four sets of adjoiner labels ordered from data processing r6� 4; maps ordered from Mapping & Graphics 02-07-0J lik d It-/S 00 PC public hearing date ACTION: roe IZ,2001 -Tabu BOS public hearing date ACTION: J�ll ,200 r - 7a6/ Signed copy of resolution for amendment of ordinance, with conditions proffered, received from County Administrator's office and placed in Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers notebook.) g'-�?- / Action letter mailed to applicant L/ Reference manual and D-base updated File given to office manager to update Application Action Summary (final action) File given to Mapping & Graphics to update zoning map AM Zoning map amended Other notes: CASH RECEIPT Date 1 �+ �� �'/ UUly73 z� _ Received From r Address t .e� For 'E� - ' o r' �U ollars $ AMT Of EAMT , I PAII' BALANff WE MONEY O"p BY REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Zoning Amendment Number 04-00 PC Hearing Date 11-15-00 Fee Amount Paid $ 16, 245.00 Date Received 10-17-00 BOS Hearing Date 12-13-00 The following informgfion 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: (:�RF-ErJ ic, AV FA-6l \)C--C- Y� Address: S WW DV 144-L, L iv ► �. �r^ ��. c �-r � r � l t4 2. Property Owner (if different than above) Telephone: Name: S WY,L/kV (y Wt?T . (r'LS Telephone: U Co % - 7 -7 O 0 Address: X 213 3o w I ZZ&oq- 3. Contact person if other than above Name: M (�. 7UrJ /�(.(7 �� kb6� C V Telephone: Wa 7- 170 0 4. Checklist: Check the following items that have been included with this application. Location map V Plat :3: Deed to property Verification of taxes paid 11 Agency Comments Fees �� Impact Analysis Statement —L Proffer Statement 1'// r S. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or patties in interest of the land to be rezoned: 5 A b-,,,K.F_y --EN Dus-re I tt S 6. A) Current Use of the Property: RA- AL 21 C l) LTUO — B) Proposed Use of the Property: M ( — L I 61-1 T MODUST2 I A L M2 -G E2ac, SlvaUSTeI/-Ac_ 7. Adjoining Property: PARCEL ID NUMBER USE ZONING SEE LIST DC A IQJ DI Q I iJ (2 f R0 C"TV OU) NkK 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): -Tme, `1 eo rue4 I i-acAarro ce ea (o(, UMlu-� Ur_,) POAP)) LMa ae RTE. 701 (OLD C t/AZ ,F S TOti o F"O A D) A&J Q SoU i 7 I uiGST' OF e-TE (96, l-(�JoP_DAN SPwiti;hs froAo�)-HIA7iSS PU1J JbPMS A M/�,O Z I(I►- -noo SQcM M;y I5QCXDq-R v� OF `T746 sued ECT 6 iTE 12 ,Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. W I D-ATLAOIG ZNDYSTI�-iAL-tTELN- 9. Parcel Identification/Location: Parcel Identification Number J4 --A-31 ,14'A-2-qZ CE�E2 44-A-2A3 Districts Magisterial: 5-1btJF-VJAI,i- 015Tj2lCT High School: J A"C-5 VjWQ 14(&W SC,i-kZ>C. Fire Service: Middle School: CCt) y/ 0 1CGLGSe�( Rescue Service: Elementary School: ( 0EAJ-ig2 V 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Re uested Zo8 KA 1\ 11 1239 IZA 12-- Total acreage to be rezonedL—/k 11. 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: Office: Retail: Restaurant: Square Footage of Proposed Uses 13 Service Station: Manufacturing: Warehouse: Other: D � sF - M 315.')C)o0-S(--1 (-AZ 744�� SF DOTAL 12: 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): Date: Date: Owner(s): �, Date: p0 CDate: 14 a • MID -ATLANTIC INDUSTRIAL & TECH CENTER REZONING Adjoining property owners NAME and PROPERTY IDENTIFICATION # ADDRESS ZONING 1. H.K. Benham, III 44-A-40, 44-A-31, 44-A-29 2. Shockey/Dulles, LC 44-A-31 A 3. Holy Trinity Mission Seminary 44-A-294 4. Crider & Shockey of West Virginia 44-A-292 5. Harry L. McCann 44-A-3 9 6. Robert C. & Alcesta R. Dyke 44-A-38, 44-A-37, 44-A-36 7. Shirley M. Strosnider 44-A-35, 44-A-34 8. Terry L. & Evelyn G. Jenkins 44-A-33, 44-A-32 9. Anna B & Lester W. McKee 44-A-139 10. David & Louise Scott 44-A-140 11. Ray G. & Ruth J. Keiter 44-A-141 12. Betty Lou Bragg 44-A-142, 44-A-13 8 B 13. Bobby D. Law 44-A-143 14. Walter I & Audrey L. Mayers 44-A-144 15. Norma L. Stewart 44-A-145 16. Randolph C. & Katherine E. Trenary 44-A-146 17. Timothy J. & Wanda K. Weaver 44-A-147 18. David Calvin & Scarlet M. Jenkins 44- A-148 19. James R. & Mary P. Russell 44-A-149 20. Glenn A. & Betty A. Stultz 44-A-150, 44-A-151 21. Ray E. & Christine E. Spitzer 44-A-153 PO Box 809, Winchester, VA 22604 RA PO Box 2530, Winchester, VA 22604 RA PO Box 8, Stephenson, VA 22656 RA PO Box 2530, Winchester, VA 22604 RA PO Box 809, Winchester, VA 22604 RA 293 Old Charles Town Road, Stephenson, RA VA 22656 327 Old Charles Town Road, Stephenson, RA VA 22656 357 Old Charles Town Raod, Stephenson, RA VA 22656 102 Fairway Dr, Winchester, VA 22602 RA 400 Old Charles Town Road, Stephenson, RA VA 22656 410 Old Charles Town Road, Stephenson, RA VA 22656 420 Old Charles Town Road, Stephenson, RA VA 22656 432 Old Charles Town Road, Stephenson, RA VA 22656 442 Old Charles Town Road, Stephenson, RA VA 22656 454 Old Charles Town Road, Stephenson, RA VA 22656 466 Old Charles Town Road, Stephenson, RA VA 22656 478 Old Charles Town Road, Stephenson, RA VA 22656 879 Dicks Hollow Road, Winchester, RA VA 22603 502 Old Charles Town Road, Stephenson, RA VA 22656 518 Old Charles Town Road, Stephenson, RA VA 22656 540 Old Charles Town Road, Stephenson, RA VA 22656 22. Robert Eugene Vuillermet 44-A-154 23. Jolui R. Strother 44-A-155 24. R. Charles & Kay K. Hott 44-A-156 25. Helen I. DeHaven 44-A-15 7, 44-A-15 8 26. Jean K. Gray c/o Jean Nicholson 44-A-161 27. Ellen Elaine Getts 44-A-162 28. Juanita M. Ritter 44-A-163, 44-A-164, 44-A-165 29. Robert H. Russell 44-A-166 30. Norwood T. & Laura W. O'Roark 44-A-13 8A 31. David R. & Rhonda G. Madison 44-A-13 8 32. William Ray & Helen Christine Zirkle 44C-2-A 33. Charles S. & Mary A. Jobe 44C-2-B 34. Terry L. & Connie S. Bly 44C-2-D 550 Old Charles Town Road, Stephenson, RA VA 22656 560 Old Charles Town Road, Stephenson, RA VA 22656 572 Old Charles Town Road, Stephenson, RA VA 22656 582 Old Charles Town Road, Stephenson, RA VA 22656 PO Box 151, Stephenson, VA 22656 RA 660 Old Charles Town Road, Stephenson, RA VA 22656 688 Old Charles Town Road, Stephenson, RA VA 22656 532 Old Charles Town Road, Stephenson, RA VA 22656 380 Old Charles Town Road, Stephenson, RA VA 22656 133 Parkins Lane, Winchester, VA 22602 RA 614 Old Charles Town Road, Stephenson, RA VA 22656 634 Old Charles Town Road, Stephenson, RA VA 22656 644 Old Charles Town Road, Stephenson, RA VA 22656 c� z W W Z C4 �p N � a Z W N c o c o, N N tO o> PROJECT HIGHLIGHTS _ a W u _ c m x • PROHIBITED USES o m� c� . TRANSPORTATION IMPROVEMENTS W PROGRESSIVE IMPROVEMENTS WIDENING SIGNAL IZA TION INTERSECTION IMPROVEMENTS TURNLANES RIGHT OF WAY DEDICATION . CONSERVA FION RESTRICTIONS DEVELOPMENT SENSITIVE AREA CONSERVATION EASEMENT 50 FEET DSA BUFFER LINEAR PARK SYSTEM HISTORIC STRUCTURE INVENTORY SIGNAGE RESTRICTIONS FIRE AND RESCUE CONTRIBUTION AREA TABULATION PROPOSED M I AREA = 208 AC PROPOSED M2 AREA = 239 AC REMAINING RA AREA = 285 AC TOTAL AREA = 732 AC PC REVIEW DATE: 11/15/00; 02/07/01 BOS REVIEW DATE: 06/12/01 (tabled) Sttffreport revised to reflect.Lune 12, 2001 Board of Supervisors Public Hearing REZONING APPLICATION 804-00 MID -ATLANTIC INDUSTRIAL & TECH CENTER (Shockey Companies) To rezone 404 acres from RA (Rural Areas) District to M 1 (Light Industrial) District LOCATION: This property is located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664). I-liatt's Run forms a major portion of the southern boundary of the subject site. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-31, 44-A-292, and 44-A-293 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant; Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District Use: Residential South: Zoned RA (Rural Areas) District Use: Residential; Vacant Cast: Zoned RA (Rural Areas) District Use: Residential; Vacant West: Zoned RA (Rural Areas) District Use: Residential; Vacant; Cemetery PROPOSED USE: Industrial and Technology Park REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached comment sheetfi•om Steve A. Mehdkoff, dated 9-22- 2000 and continent sheet (e-mail format) dated May 15, 2001. Fire Marshal: Further comment on site plan; plan approval recommended. Mid -Atlantic Industrial and Tech Center REZ 404-00 Page 2 July 2, 2001 Sanitation Authori : See attached letter from John G. Whitacre, Engineer, dated 9-22-2000. County Engineer: See attached letter from Harvey E. Straivsnyder, Director of Public Works, slated 9-25-2000. Parks & Recreation: The Conservation Easement may provide Frederick County with future recreational benefits as part of a linear park system. Historic Resources Advisory Board: See letter from Evan A. Wyatt on behalf of the HRAB dated 1-11-01. County Attorney: Revised Proffer: (5-21-01) Proffers appear to be in proper form. Planning & Zoning: I ) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the three parcels which comprise the proposed rezoning as A-2 (Agricultural General) District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The three parcels which comprise the proposed rezoning are identified as tax map numbers 44-A- 31; 44-A-292; and 44-A-293. Frederick County approved a boundary line adjustment plat for parcel 44-A-31 on October 2, 2000. The boundary line adjustment between this parcel and parcel 44-A-29; owned by the McCann Land Trust, added an additional 176.95 acres to parcel 44-A-31. The cumulative acreage for the three parcels which comprise the proposed rezoning is 733.12 acres. The proposed rezoning application calls for a zoning change for 404 acres of this total to be zoned M-1 (Light Industrial) District. 2) Location The three parcels which comprise the proposed rezoning are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664); and on the east side of Milburn Road (Rt. 662). The parcels are located approximately %z mile east of the intersection of Old Charles Town Road and Martinsburg Pike (Route 1 1 North). The three secondary routes are classified as local roads, and Martinsburg Pike is classified as an arterial roadway. Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 3 July 2, 2001 The parcels are within the county's Sewer and Water Service Area (S WSA) and are a component of the Northeast Land Use Plan which was adopted by the Board of Supervisors on September 27, 2000. The parcels were also a component of the S WSA and the Route 1 1 North Corridor Plan which was adopted by the Board of Supervisors on January 8, 1997. Both land use plans proposed future industrial development within the area of these parcels; as well as the provision of a Developmentally Sensitive Area (DSA) overlay as identified by the Frederick County - Winchester Battlefield Network Plan, to protect the Stephenson Depot Primary Area and the Milburn Road corridor linkage between Stephenson Depot and the Third Winchester battlefield. 3) Site Suitability The three parcels which comprise the proposed rezoning contain areas that are defined as woodlands, steep slope, floodplain, and wetlands. The majority of the defined environmental features are located in the vicinity of I-liatt's Run which forms a portion of the southern boundary of the 404 acres that are requested to be rezoned. The 404-acre portion that is requested to be zoned M-1 (Light Industrial) District contains some minor areas of steep slope in the northeastern area, while substantial areas of steep slope, as well as areas of floodplain, wetlands, and woodlands exist in the southern and western areas of this acreage. The applicant's Impact Analysis Statement estimates that approximately 162 acres cannot be developed due to environmental constraints, required buffer and screening, conservation easements, and the DSA easement. 4) Potential Impacts and Issues a) Transportation: Impact Analysis Statement The applicant has provided information which projects potential traffic impacts associated with the development of 285 acres of the proposed 404 acres requested to be rezoned. This analysis utilizes average vehicle trip data from the Institute of Traffic Engineers Trip Generation Manual, 6"' Edition, Volume 1 (ITE). The applicant has projected potential traffic impacts assuming weekday afternoon peak hour vehicle trips as a multiplier for the development of both 7,446,500 square feet and 3,723,250 square feet of structural area. This projection suggests that there could be between 3,425 - 6,85 I vehicle trips during peak hour. Furthermore, the applicant has provided an average daily vehicle trip generation for the development of 3,723,250 square feet of structural area on 285 acres. This projection suggests that there could be 25,914 average daily vehicle trips generated by the development of 3,723,250 square feet of structural area. Review Agency Comment The Virginia Department of Transportation (VDOT) met with the applicant to review the 0 is Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 4 July 2, 2001 methodology utilized for the traffic impact analysis. The VDOT comment, dated 9/22/00, states that there is no objection to the rezoning of this property; however, VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements. Planning Staff Comment The applicant's traffic impact analysis does not provide current traffic count information for the impacted roadways; does not estimate the percentage of vehicle trips that will be tractor -trailer and normal vehicle; does not provide current and projected Level of Service (LOS) information for impacted roadways; nor does it account for projected turning movements at Martinsburg Pike. Staff contacted the VDOT Edinburg Residency and was advised that the 1999 average daily traffic counts for Martinsburg Pike from Interstate Exit 317 to Old Charles Town Road was 9,900 trips, and fi•om Old Charles Town Road to Cedar Hill Road (Route 671) was 6,100 trips. The 1999 average daily traffic count for Old Charles Town Road fi•om Martinsburg Pike to Stephenson Road was 2,400 trips. The VDOT Edinburg Residency advised staff to estimate a 4% annual increase in vehicle trips for arterial roads and a 3% annual increase in vehicle trips for secondary roads. Therefore, the average daily traffic counts for Martinsburg Pike are projected to be 10,296 trips and 6,344 trips respectively, and 2,472 trips for Old Charles Town Road. The applicant utilized structural development calculations to project vehicle trips during weekday afternoon peak hour and for a 24-hour period. These calculations assumed approximately 26,000 square feet per acre, and approximately 13,000 square feet per acre respectively. Staff compared these structural development calculations to the existing development conditions in Tort Collier Industrial Park and Stonewall Industrial Park to determine which projection was more realistic. The following table provides the structural development conditions for each industrial park: Existing Industrial Park Development Name Total Acreage Developed Acreage Total Square Feet of Developed Acreage Developed Square feet Per Acre Fort Collier 442 acres 370 acres 2,344,104 square feet 6,335 sq.ft./acre Stonewall 494 acres 205 acres 1,767,877 square feet 8,625 sq.ft./acre Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 5 July 2, 2001 Based on existing development patterns, it appears that the 13,000 square -feet -per -acre calculation is reasonable to consider for the applicant's traffic impact analysis. This calculation projects 3,425 vehicle trips during weekday afternoon peak hour, and 25,914 average daily vehicle trips generated by the build -out of this acreage. The build -out of this acreage would increase traffic on Old Charles Road by 948% of the current average daily traffic volume, and would increase traffic on Martinsburg Pike by at least 152% of the current average daily traffic volume. The projected square footage build -out of this acreage will significantly impact the existing road system within this area. These impacts may warrant traffic signalization on Old Charles Town Road and Martinsburg Pike; turn lanes on Old Charles Town Road and Martinsburg Pike; and the provision of additional travel lanes on Old Charles Town Road including the bridge crossing of the CSX railroad. Furthermore, the Northeast Land Use Plan calls for the provision of a new north -south collector road throughout the developed areas in the vicinity of the plan. b) Water and Sewer: Impact Analysis Statement The applicant has provided information which projects potential water and sewer capacity needs associated with the development of the 404 acres requested to be rezoned. This analysis utilizes a projected gallon -per -day -per -acre quantity from the City of Harrisonburg Design and Construction Manual, Table 2. This gallon -per -day -per -acre quantity varies from 3,500 - 7,500 based on the type of industrial land use development. The applicant's water and sewer impact analysis assumes a 5,000-gallon-per-day-per-acre average for 404 acres requested to be rezoned, resulting in a projected water and sewer capacity need of 2,235,000 gallons per day. ReWew Agency Comment The Frederick County Sanitation Authority (FCSA) comment, dated 9/22/00, states that facilities do not currently exist to provide for the applicant's projected water capacity needs at build -out. The FCSA states that a new water treatment plant in the Clearbrook area should be on-line late in 2002 which would accommodate this projected capacity need. The FCSA states that the developer would be responsible for the development of all water lines and sewer infrastructure necessary to serve this acreage. Planning Staff Comment Staff contacted the FCSA prior to the commencement of the Northeast Land Use Plan process to discuss water and sewer capacity issues. Representatives of the FCSA advised staff to assume a 1,000 gallon -per -day -per -acre quantity to project potential water and sewer capacity needs for the planned area. Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 6 July 2, 2001 Staff compared the current water and sewer use within the developed acreage of Fort Collier Industrial Park and Stonewall Industrial Park to determine which projection was more realistic. The data for water and sewer consumption within these industrial parks was provided by the FCSA which accounts for use from August 1999 to August 2000. The following tables provide the gallon -per -day -per -acre quantity for water and sewer use for each industrial park during this time period: Existing Industrial Park Water Use Name Total Developed Total Gallons of Total Gallons of Gallons/Day Acreage Acreage Water Used Between Water Per Day /Acre 8199 - 8100 Fort Collier 442 acres 370 acres 1 10,979,000 gallons 304,000 gpd 822 gpd/acre Stonewall 494 acres 205 acres 13,503,000 gallons 37,000 gpd 180 gpd/acre Existing Industrial Park Sewer Use Name Total Developed Total Gallons of Total Gallons of' Gallons/Day Acreage Acreage Sewei- Generated Se ,er Generated /Acre Between 8199 - 8100 Per Day Fort Collier 442 acres 370 acres 55,959,000 gallons 153,300 gpd 415 gpd/acre Stonewall 494 acres 205 acres 8,151,000 gallons 22,330 gpd 110 gpd/acre Based on existing water and sewer consumption patterns, it appears that the 1,000 gallon -per -day - per -acre quantity projection that was utilized by staff during the Northeast Land Use Plan process Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 7 July 2, 2001 is reasonable to consider for the applicant's water and sewer impact analysis. This projection suggests that the build -out associated with the development of 285 acres of the proposed 404 acres requested to be rezoned would require 285,000 gpd of water and sewer capacity. This projection is much less than the 2,235,000 gpd projection provided by the applicant; however, the FCSA has advised staff that their comments would be the same for either projection. c) Historic Resources: Impact Analysis Statement The applicant has provided information which identifies Milburn Road (Route 662) and the Milburn Cemetery as historic resources which adjoin the western boundary of the three parcels that are proposed to be rezoned; and identifies the Samuel Byers House as a potentially significant historic resource that is located on the acreage that is proposed to be rezoned. Review,,Igency Comment The Frederick County Historic Resources Advisory Board (I-IRAB) primary comment, dated 1/11/01, recommends that the Planning Commission and the Board of Supervisors deny the proposed rezoning application due to the fact that a significant percentage of this acreage is located within the core area of the Second Winchester Battlefield as identified by the 1992 National Park Service Study. Additionally, the entire acreage is located within the proposed Milburn Rural Historic District which has been determined to be eligible for the National Register of Historic Places. The HRAB secondary comment, dated 1/11/01, recommends that measures be taken to reduce the area to be rezoned to ensure that it is outside of the Second Winchester core area; to place conservation easements on all other land to the east and west of the reduced area; to not raze the Samuel Byers house unless agreed to by the Board of Supervisors; to allow for a Phase I Archeological Study to occur prior to any development; to not disturb any portion of the historic ridge line paralleling Milburn Road; and to orient loading docks and truck maneuvering areas away from Milburn Road. Planning Staff Comment Maral Kalbian, consultant to the I-IRAB, advised the Planning staff of a potential Rural Historic District for the Milburn Road area. The boundaries of this area were established by Gray & Pape, Inc. as part of the Route 37 Phase I and II Cultural Resources Investigation. A map delineating these boundaries was presented to the HRAB and Ms. Kalbian advised the HRAB that the Department of Historic Resources (DHR) had recognized this area as being eligible for the National Register of Historic Places. Additional information from the 1992 National Park Service Study; Site Inventory Forms from the 1992 Abrams Creek-Redbud Run Archeological Survey; and the Frederick County Rural Landmarks Survey was evaluated by the I-IRAB during their Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 8 July 2, 2001 January 8, 2001 meeting. Staff contacted the local DI-IR office to discuss issues associated with the proposed Milburn Rural Historic District. Mr. David Edwards, Director, advised staff that the Route 37 Phase I and II Cultural Resources Investigation was a Section 106 requirement which affects what the Virginia Department of Transportation can do; however, it does not necessarily affect what a property owner can do, or what a locality can recommend. Mr. Edwards provided staff with a copy of the minutes from the National Register Evaluation Team meeting of June 5, 1997. The minutes indicate that the evaluation team concurred with Gray and Pape, Inc., that the Milburn Rural Historic District was eligible for the National Register of Historic Places. The evaluation team recommended that the Samuel Byers I -louse was not eligible as a stand-alone structure; however, it would be considered one of the structures which comprised the cluster of resources within the Milburn Road Rural Historic District. The applicant's Impact Analysis Statement identifies that the CSX Railroad is situated to the west which may be used in the future to provide rail service in the requested rezoned area. Based on current property ownership, it appears that this future rail service access would come from the west, across Milburn Road, and into the requested rezoned area north of McCanns Road (Route 838). This rail access could potentially Impact the integrity of the ridge line that parallels Milburn Road, as identified by the FIRAB. Staff received copies of the Abrams Creek - Redbud Rum Archaeological Survey site inventory reports from Warren I-lofstra on October 31, 2000. The site inventory report indicates that a private cemetery consisting of at least 17 grave pits is located within the boundaries of the property owned by the applicant. The property owner should locate all grave pits and undertake the steps necessary to ensure the appropriate treatment of these features. d) Solid Waste: Impact Analysis Statement The applicant has provided information which projects potential solid waste generation associated with the development of the 404 acres requested to be rezoned. This analysis utilizes an industrial waste calculator from Fairfax County. The calculator assumes a worst case scenario and does not account for recycling. The applicant has projected that the potential solid waste generation from this acreage would account for approximately 6,000-12,000 tons -per -year. Review Agency Comment The Department of Public Works (County Engineer) comment, dated 9/25/00, states that the estimated solid waste generation of 12,000 tolls per year will significantly Impact the County's solid waste program, increasing the cost to the landfill and utilizing available capacity. Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 9 July 2, 2001 Planning Staff Comment Staff met with the Director of Public Works to discuss issues associated with the County's solid waste program. The county landfill is designed to dispose of solid waste that is generated by residential, commercial, and industrial land uses within the municipal solid waste landfill (MS W); and to dispose of construction waste in the construction demolition debris landfill (CDD). The county has an anticipated MSW landfill life of 20 years, based on a 3% average annual increase in solid waste disposal. The Department of Public Works has Filed an application with the Department of Environmental Quality (DEQ) to increase the permitted air space (vertical capacity) at the landfill. The amended permit to extend air space capacity would expand the landfill life by an additional 15-20 years. The DEQ will render a final decision regarding this application in July 2002. Based on existing development patterns in Tort Collier Industrial Park and Stonewall Industrial Park, it appears that the 6,000-ton-per-year solid waste generation is reasonable to consider for the applicant's solid waste impact analysis. This figure suggests that the build -out of the acreage requested to be rezoned would generate the average annual increase of solid waste disposal experienced by the county for a one-year period. e) Adjoining Properties: Impact Analysis Statement The applicant has provided information which identifies a significant number of residential land uses along Old Charles Town Road and Stephenson Road. The impact analysis statement suggests using a 100-foot buffer and screen between all residential areas and the acreage requested to be rezoned to provide adequate distances between land uses; and to reduce impacts associated with noise, light, and odor. Planning Staff Comment The Zoning Ordinance requires a buffer and screen between land used for industrial purposes and residential purposes. The minimum buffer distance required by the county is 100 feet which requires the installation of a six -foot -high opaque screen such as an earth berm or a board -on- board fence, and landscaping which provides three evergreen and deciduous trees per ten linear feet. The developer is not permitted to situate structures within the 100-foot buffer distance; however, accessory uses such as parking lots and maneuvering areas can be located within the initial 25 feet. The adjoining properties along Old Charles Town Road which adjoin the 100-foot residential buffer area may be impacted by future industrial land uses depending upon the structural height, the location and placement of signage and lighting fixtures, and the location of parking and maneuvering areas, primarily those areas used for tractor -trailer staging and loading. Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 10 July 2, 2001 5) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: • Prohibit specific land uses that are permitted in the M-2 (Industrial General) District. (This proffer is not applicable crow that the applicant has reschuled the request to rezone to the M-2 District • Prohibit road access along Milburn Road. • Limit of one commercial entrance on Old Charles Town Road to serve the acreage proposed to be rezoned. • Provide a second access on Stephenson Road for emergency access which may become a permanent access if warranted by VDOT. • Provide traffic signalization at the commercial entrance at Old Charles Town Road when warranted by VDOT. • Enter into a signalization agreement with VDOT for the provision of traffic signalization at the intersection of Martinsburg Pike and Old Charles Town Road in which the applicant will pay for 50% of the cost associated with this improvement when warranted by VDOT. • Dedicate right-of-way to VDOT as deemed necessary by the state. • Undertake detailed traffic studies each time a site development plan is prepared for the acreage proposed to be rezoned. The applicant will pay for any improvements to the impacted road systems if deemed necessary by VDOT to maintain a grade "C" Level of Service (LOS). • Establish a Developmentally Sensitive Area (DSA) easement that restricts industrial and commercial land use in perpetuity. • Establish a Conservation Easement along I-Iiatt's Run that would be available for dedication to the county for public use. • Allow for the Samuel Byers House to be inventoried, cataloged, dismembered, and relocated by the county. • Limit freestanding sign heights to 20 feet. • Allow building -mounted signs to face Milburn Road for business and office use only. • Provide a vegetative buffer along the western property line between Old Charles Town Road and the McCann property. Plant the vegetative material approximately 50 feet east of the ridge line which parallels Milburn Road. • Provide a monetary contribution of $20,000 to the county to be utilized for fire and rescue services. STAFF CONCLUSIONS FOR 11/15/00 PLANNING COMMISSION MELTING: The 404-acre portion of the three parcels proposed for rezoning is located within the county's Sewer and Water Service Area; is within the portion of the Northeast Land Use Plan which recommends future industrial land use; is adjacent to the identified Developmentally Sensitive Area (DSA); contains a Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 11 July 2, 2001 portion of the identified core area of Stephenson Depot; and is within an area recommended as a potential rural historic district which would qualify for the National Register of Historic Places. The Northeast Land Use Plan recommends that industrial land uses should only occur if impacted road systems function at a grade "C"level of service (LOS) or better; that industrial land uses be developed with public water and sewer service; and that industrial land uses should be adequately screened from adjoining land uses to mitigate visual and noise impacts. Staff has identified several issues based on comments received from various review agencies which involve impacts to the transportation system, water and sewer service, historic resources, the regional landfill, and adjoining properties. The applicant has submitted a proffer statement in an attempt to mitigate the issues identified by staff. Proffered conditions include the elimination of specific land uses; studies and improvements to the impacted road systems; the establishment of easements to preserve land areas and protect viewsheds; the ability to research and relocate a potentially significant historic structure; limitations of sign heights; and a monetary contribution for Fire and rescue services. The development of an industrial park and technology center at this location will have an impact on existing residential land uses along Old Charles Town Road due to their proximity to this acreage, and could potentially have an impact to the viewshed associated with the historic Stephenson Depot area. The Frederick County -Winchester Battlefield Network Plan sets forth strategies for Stephenson Depot which include working with land owners to preserve key areas while allowing some development; ensuring that more intensive uses in the core area provide means to protect viewsheds as a part of their development plans; to use Milburn Road as a primary travel connection between Stephenson Depot and Third Winchester; and to work with land owners to preserve views along Milburn Road using buffers, vegetation and easements. Staff believes that these impacts could be further mitigated by the applicant through consideration of the following comments: • Provide land owners on the north side of Old Charles Town Road with evergreen screening to reduce visual impacts and headlight glare in the proximity of the commercial entrance. • Provide more specific information regarding off -site improvements to the impacted road system. (The applicant offered Section B(S) Progressive Improvements of the proffer statement to attempt to address this comment.) • Limit the access point on Stephenson Road to emergency access only. ('The applicant offered Section B(1)(c) Access of the proffer statement to attempl to address this comment.) • Ensure that county officials are aware of, and are in agreement to, dedicated right-of-way areas along Milburn Road. ("The applicant offered Seclion B(4) Right of Way Dedication of the proffer statement to attempt to address this comment.) • Provide for a new north -south collector road with sufficient right-of-way throughout the limits of the property. (The applicant offered Section B(6) Compf•ehensive Plan Road Construction of the proffer statement to attempl to address this comment.) Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 12 July 2, 2001 • Delay development activities until the new water treatment plant in the Cleat -brook area is on-line. • Conduct a detailed viewshed analysis along the north and west boundaries, and establish a maximum structural height overlay to minimize impacts to existing residential land uses and the viewshed from the Milburn Road corridor and Stephenson Depot. (The applicant offered Section E Vieivshed of the proffer statement to allempl to address this comment.) • Identify the specific location of the proposed railroad spur to determine and attempt to minimize impacts to the Milburn Road corridor and the Stephenson Depot ridge line. (The applicant offered Section B(7) Rail Spur of the proffer statement to attempt to address this comment.) • Provide additional buffer distance and screening methods against the existing residential land uses along Old Charles Town Road. (The applicant offered Section F(2) Bz ffer•ing of the proffer statement to attempt to address this comment.) • Establish proffered design standards or restrictive covenants to require lower outdoor lighting fixtures, monument signs, strategic placement of loading and receiving bays, and more intensive landscaping than required by county ordinance. (The applicant offered Section G Lighting; Section H Signage; Section 1 Loading Docks; and Section K Industrial and Tech Center Covenants of the proffer statement to allempl to address this comment.) • Prohibit building -mounted signs from facing Milburn Road for all land uses in the industrial park and technology center. • Identify the land uses that would be permitted within the industrial park and technology center instead of those that would be prohibited. • Require all land uses within the industrial park and technology center to meet with the county's Recycling Coordinator to develop appropriate waste reduction, reuse, and recycling programs to reduce the amount of solid waste disposal that would be received by the MSW landfill. (The applicant offered Section L Recycling Proffer of the proffer statement to allempl to address this comment.) The applicant should be prepared to address how the proffer statement addresses the comments identified by staff in the italics; as well as the comments made by staff that have not been addressed by the revised Proffer statement during the review of this application by the Board of Supervisors. STAFF CONCLUSIONS FOR 2/7/01 PLANNING COMMISSION MELTING: The Planning Commission continued the public hearing of November 15, 2000 to allow for additional public comment from the citizens who signed up to speak but did not get an opportunity to do so. Following the November 15, 2000 meeting, the applicant submitted a revised proffer statement to address a number of comments identified in the staff report, as well as comments made during the public comment period. The Historic Resources Advisory Board (I-IRAB) requested an opportunity to review the new proffer statement; as well as additional information from the various historic studies conducted within the proximity of this acreage. A revised comment summary from the January 8, 2001 has been Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 13 July 2, 2001 incorporated into the staff report which replaces the original FIRAB comment of September 19, 2000. The applicant's revised proffer statement replaces the original proffer statement that is described under Planning and Zoning comment number 5 on page 9 of this staff report. The following provides the listing of comments from the November 15, 2000 Planning Commission Meeting Staff Conclusions and identifies the revised proffer statement information that has been provided by the applicant to address these concerns: Provide landowners on the north side of Old Charles Town Road with evergreen screening to reduce visual impacts and headlight glare in the proximity of the commercial entrance. Staff Continent: The revised proffer statement does not offer measures to mitigate this impact. Provide more specific information regarding off -site improvements to the impacted road system. Staff Comment: Item B. Ti-anspoirtalion; Sections 1, 2, 3, and 5; provides more specific information as to the type of lrans17oilalion system improvements that hill be provided; the responsible party for financing said improvements; and the transportation segments that ivill be inca1)oraled into initial and subsequent transpa7ation studies. Limit the access point southeast of the intersection of Old Charles Town Road and Stephenson Road to emergency access only. Staff Continent: Item B. Transportation; Section 1 c; offers to provide a gated access at this location that will be utilized for emergency access only. Ensure that county officials are aware of, and are in agreement to, dedicated right-of-way areas along Milburn Road. Staff Continent: Item B. Transportation; Section 4; pr-ohibits right -of -Way dedication along Hilbiu-n Road unless approved by the Board of Supervisors. Provide for a new north -south collector road with sufficient right -of --way throughout the limits of the property. Staff Comment: Item B. Transportation; Section 6; calls for the provision of a neiv north - south collector road that is in confoivnance lvilh the Comprehensive Policy Plan. Delay development activities Until the new water treatment plant in the Cleat -brook area is on-line. Staff Comment: The revised proffer statement does not address this comment. Mid -Atlantic Industrial and Tech Center RE-Z #04-00 Page 14 July 2, 2001 Conduct a detailed viewshed analysis along the north and west boundaries, and establish a maximum structural height overlay to minimize impacts to existing residential land uses and the viewshed from the Milburn Road corridor and Stephenson Depot. Staff Comment: Item E. Vieii shed; provides an approach to limit structural heights along the klilburn Road corridor and ensures conformance with these standards during the site development plan approval process. Identify the specific location of the proposed railroad spur to determine and attempt to minimize impacts to the Milburn Road corridor and the Stephenson Depot ridge line. Staff Comment: Item B. Transportation; Section 7; offers an at -grade rail spur crossing lvith Milburn Road; however, this revision does not specify a location for this crossing, nor is there a design standard associated lvith this proposed feature. • Provide additional buffer distance and screening methods against the existing residential land uses along Old Charles Town Road. Staff Comment: Item F. Buffering; Section 2; provides more specific injorination as to the location of the proposed buffer against the existing residential land uses along Old Charles Toli)n Road, cis ii ell as the type and number of plant materials to be utilized, and identifies the responsible party for the maintenance of this feature. Exhibit A has been produced to provide a rendering and cross section of this.feature. • Establish proffered design standards or restrictive covenants to require lower outdoor lighting fixtures, 111011Llment signs, strategic placement of loading and receiving bays, and more intensive landscaping than required by county ordinance. Staff Comment: Item G. Lighting; Item H. Signage; Item I Loading Docks; and Item K. Industrial and Tech Center Covenants; offer to mitigate impacts associated with these,features. • Prohibit building -mounted signs from facing Milburn Road for all land uses in the industrial park and technology center. Staff Coimnenl: The revised proffer statement does not offer to prohibit building -mounted signs from facing Milburn Road. • Identify the land uses that would be permitted within the industrial park and technology center instead of those that would be prohibited. Staff Comment: Item A. Prohibited Uses; has been revised to include Stand-alone Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 15 July 2, 2001 Incinerators and I±zrel Dealers SIC 598 as prohibited land uses; therefore, the original approach for identifying uses has been maintained by the applicant. Require all land uses within the industrial park and technology center to meet with the county's Recycling Coordinator to develop appropriate waste reduction, reuse, and recycling programs to reduce the amount of solid waste disposal that would be received by the MSW landfill. Staff Comment: Item L. Recycling Proffer; requires all land development tivithin the industrial and tech center- to develop waste reduction and recycling programs lvith the county's Recycling Coordinator. The Planning Commission should determine if the revised proffer statement adequately mitigates the issues raised by staff, as well as other concerns of the commission when forwarding a recommendation to the Board of Supervisors for final disposition. PLANNING COMMISSION SUMMARY & ACTION OF 02/02/01: The public hearing began with the Planning Staffs report and was immediately followed by the applicant's presentation. Next, a 45- minute time period was allowed for public comments in opposition to the rezoning and was followed by a 45-minute time period for public comments in support of the rezoning. The Chairman then called for persons who did not have an opportunity to speak at the previous public meeting, followed by adjoining property owners, and then lastly, those persons who had signed -in prior to the meeting to speak. Altogether, 18 persons spoke in opposition to the rezoning and I 1 spoke in favor of the rezoning; four of the 18 persons who spoke in opposition stated that they were adjoining property owners. The numerous issues raised by those who spoke in opposition included: the proposed rezoning conflicts with the intent of the Comprehensive Policy Plan; the incompatibility of industrial use and residential use; the negative effect on the area residents' quality of life and property investments; the destruction of the historic area, its viewshed, and character of the landscape; not taking advantage of the opportunities for tourism in the area; and lack of road capacity to handle the proposed industrial use. Other points made by those in opposition were: the County failed to recognize the boundaries of the Stephensons Depot Core Battlefield as recognized by the National Park Service and failed to incorporate the 1997 Milburn 1-listoric Study in the Comprehensive Policy Plan; the County's Fiscal impact model failed to consider costs and used outdated information; and an orchestrated effort was underway to distort the facts and mislead the public. One of the citizens submitted petitions with 2,800 signatures and 75 individually - written letters of opposition. Persons in favor of the proposed rezoning gave the following reasons for their support: the proposed rezoning was in conformance with the intent of the Comprehensive Policy Plan for the northeastern part of the County; industrial growth was needed within the County to support the tax base for public services, infrastructure, and the quality of life for County residents; that if an industrial park resulted in the loss of millions of dollars, then no jurisdiction in the country would ever build them; controlled, balanced, Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 16 July 2, 2001 and diversified growth was favored over no growth; the belief that industrial and residential uses were compatible; the need to provide a variety of sites in order to attract modern facilities as the manufacturing and industrial base changes in the future; the belief that if anyone was going to put an industrial park in the County, there was no better company than the Shockey Company to be good stewards of the community; the Shockey Company has been an outstanding corporate citizen in the community for over 105 years and has constructed most of the major buildings in the community; and, the various on -site and off -site improvements the Shockey Company was willing to accomplish in conjunction with the project were mentioned. Other points made by those in favor were that the County needed to be realistic about what to expect from any one battlefield site, for example, in order to produce the number of visitors needed to off -set industrial development, an e110r111OLls drain on the infrastructure Of the County would be created. It was also recognized there was a need for the conlnlunity to discuss controversial issues civilly, to compromise, to respect differences of opinion, and to work for the best outcome. Following the public hearing, the Commission members discussed the issues of the proposed rezoning. Members of the Commission pointed out that this was a good site for transportation access, particularly because it had the "backbone" for transportation access that could be improved and fit to meet the needs of the area; the site contained rail access, good interstate access, and access to major collector roads. Commissioners agreed improvements would need to be made to transportation facilities, but the developer had agreed to pay for those improvements. Members stated that it will be the County's responsibility to make sure, at the master development plan and site planning stages, that impacts are assessed and the developer comes forward with methods to mitigate the impacts and protect the interests of the local residents. Regarding the environmental issues, it was pointed out that many environmental regulations of federal and state government agencies, such as the CPA (Environmental Protection Agency) and the DEQ (Department of Environmental Quality), spend considerable time assessing and monitoring environmental conditions so that standards are met. It was pointed out that the applicant has included recycling in the proffer statement and will be responsible for landfill costs; in addition, water and wastewater access are user -funded. Regarding historical preservation, the applicant has agreed to preserve 30 acres of the site. Lastly, was the Commission's belief in the need for balanced development and a diversified revenue stream, including industrial development, tourism, and agriculture, in order to sustain both growth and the County's well-being. In conclusion, Commissioners found consistency of the rezoning with the Comprehensive Policy Plan and found no overwhelming basis in which to deny the rezoning. The Planning Commission recommended approval of the rezoning, by a majority vote, with the Stipulation that all review agency comments are complied with. The vote was as follows: YES (TO APPROVE): Unger, Morris, DeHaven, Wilson, Thomas, Ours, Miller, Kriz, Fisher NO: Light (Commissioner John Marker was absent from the meeting.) O.\.\gcndas\CO',IUENTS\RIJONING\Staff Rcport\200I\PlidvVlantic Industrial 1'cch Or REZ.wpd s TRIDER & SHOCKEY, INC, of West Virginia P. O. BOX 2530. WINCHESTER, VIRGINIA 22604-1730 (540) 667.7700 June 12, 2001 Mr. Richard Shickle Chairman of the Board of Supervisors Frederick County, Virginia And Members of the Board Re: Rezoning Application of Crider & Shockey, Inc. of West Virginia Number: 04-00 Dear Mr. Shickle: After considerable discussion with members of the community and our desire to compromise our request it is the desire of our company to amend the pending application that presently requests rezoning from the Rural Area (RA) zoning district to 206 acres of Light Industrial (M1) and 198 acres of General Industrial (M2) to delete the request for the M2 portion of the application and request in lieu thereof M-1 for the entire property. The application as amended therefore requests a total acreage to be rezoned of 404 acres from the Rural Area (RA) to the Light Industrial (M 1) as shown in the application to the M2 zoning district in the proffers will be deleted with the remaining proffers continuing to be as proposed. Copies of the proffers which are voluntarily offered with the corresponding deletion of the reference to the M2 zoning district are enclosed. Very truly yours, Cc: Evan Wyatt, Director of Planning John Riley, Kris Tierney, Larry Ambrogi, Board of Supervisors REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.' Revised Application Zoning Amendment Number 104-00 Date Received July 30, 2001 PC Hearing Date BOS Hearing Date Aug. 7, 2001 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 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Telephone: (540) 662-4185 Name: Crider & Shocker Inc. of West Virginia Telephone: (540) 667-7700 Address: PO Box 2530 Winchester VA 22604 3. Contact person if other than above Name: Mark D. Smith P.E., L.S., Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments Plat X Fees Deed to property Impact Analysis Statement X Verification of taxes paid Proffer Statement —X - RECEIVED JUL 3 0 2001 DEPT, OF PLANNINrrOEVELOPMENT 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Crider & Shocker Inc. of West Virginia 6. A) Current Use of the Property: RA - Agricultural B) Proposed Use of the Property: M1 — Light Industrial 7. Adjoining Property: Please see attached PARCEL ID NUMBER USE ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The property is located east of Route 662 (Milburn Road) south of Route 761 (Old Charles Town Road) and southwest of Route 664 (Jordan Springs Road). Hiatt's Run forms a ma Qi -tion of the southern boundary of the subject site. RECEIVED JUL 3 0 2001 DEPT, OF PLAN NINGIDEVELOPMENT Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 44-A-31 44-A-292, 44-A-293 Districts Magisterial: Stonewall Districk High School: James Wood High School Fire Service: Clcarbrook & Greenwood Middle School: Frederick Co Middle School Rescue Service: Clearbrook Elementary School: Stonewall Elementary 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 404 RA M 1 Total acreage to be rezoned 404 11. The following information should be provided according to the type of rezoning proposed : Number of Units Prot osed Single Family homes: Non -Residential Lots: Office: Retail: Restaurant: Townhome: _ Mobile Home: Square Footage of Proposed Uses Multi-Farnily: Hotel Rooms: Service Station: Manufacturing: Warehouse: Other: Industrial Park 4,000,000 sf + (('' JUL 3 0 2001 DEPT OF PLANNING/DEVELOPMENT 12. 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:. Date: 7` W A `1 1✓tN (A N 1� C,�,KjN Li Date: -- Owner(s): Date: Date: 7- 3 a. U 1 Cri dt,e f S kd4y roc- F-10EIVEU JUL 3 0 2001 DEPT, OF PLANNING/DEVELOPMENT MID -ATLANTIC INDUSTRIAL & TECH CENTER REZONING Adjoining property owners NAME and PROPERTY IDENTIFICATION # ADDRESS ZONING 1. H.K. Benham, III PO Box 809, Winchester, VA 22604 RA 44-A-40, 44-A-31, 44-A-29 2. Shockey/Dulles, LC PO Box 2530, Winchester, VA 22604 RA 44-A-31A 3. Holy Trinity Mission Seminary PO Box 8, Stephenson, VA 22656 RA 44-A-294 4. Crider & Shockey of West Virginia PO Box 2530, Winchester, VA 22604 RA 44-A-292 5. Harry L. McCann PO Box 809, Winchester, VA 22604 RA 44-A-39 6. Robert C. & Alcesta R. Dyke 293 Old Charles Town Road, Stephenson, RA 44-A-38, 44-A-37, 44-A-36 VA 22656 7. Shirley M. Strosnider 327 Old Charles Town Road, Stephenson, RA 44-A-35, 44-A-34 VA 22656 8. Terry L. & Evelyn G. Jenkins 357 Old Charles Town Raod, Stephenson, RA 44-A-33344-A-32 VA 22656 9. Anna B & Lester W. McKee 102 Fairway Dr, Winchester, VA 22602 RA 44-A-139 10. David & Louise Scott 400 Old Charles Town Road, Stephenson, RA 44-A-140 VA 22656 11. Ray G. & Ruth J. Keiter 410 Old Charles Town Road, Stephenson, RA 44-A-141 VA 22656 12. Betty Lou Bragg 420 Old Charles Town Road, Stephenson, RA 44-A-142, 44-A-138B VA 22656 13. Bobby D. Law 432 Old Charles Town Road, Stephenson, RA 44-A-143 VA 22656 14. Walter I & Audrey L. Mayers 442 Old Charles Town Road, Stephenson, RA 44-A-144 VA 22656 15. Norma L. Stewart 454 Old Charles Town Road, Stephenson, RA 44-A-145 VA 22656 16. Randolph C. & Katherine E. Trenary 466 Old Charles Town Road, Stephenson, RA 44-A-146 VA 22656 17. Timothy J. & Wanda K. Weaver 478 Old Charles Town Road, Stephenson, RA 44-A-147 VA 22656 18. David Calvin & Scarlet M. Jenkins 879 Dicks Hollow Road, Winchester, RA 44- A-148 VA 22603 19. James R. & Mary P. Russell 502 Old Charles Town Road, Stephenson, RA 44-A-149 VA 22656 20. Glenn A. & Betty A. Stultz I®® r18 Old Charles Town Road, Stephenson, RA 44-A-150, 44-A-151 V A 22656 21. Ray E. & Christine E. Spitzer 540 Old Charles Town Road, Stephenson, RA 44-A-153 JUL 3 0 2001 VA 22656 DEPT. OF PLANNING/DEVELOPMENT • 22. Robert Eugene Vuillermet 44-A-154 23. John R. Strother 44-A-155 24. R. Charles & Kay K. Hott 44-A-156 25. Helen I. DeHaven 44-A-157, 44-A-158 26. Jean K. Gray c/o Jean Nicholson 44-A-161 27. Ellen Elaine Getts 44-A-162 28. Juanita M. Ritter 44-A-163, 44-A-164, 44-A-165 29. Robert H. Russell 44-A-166 30. Norwood T. & Laura W. O'Roark 44-A-138A 31. David R. & Rhonda G. Madison 44-A-138 32. William Ray & Helen Christine Zirkle 44C-2-A 33. Charles S. & Mary A. Jobe 44C-2-B 34. Terry L. & Connie S. Bly 44C-2-D 35. Emmanual United Methodist Church c/o Board of Trustees 44-A-30 550 Old Charles Town Road, Stephenson, RA VA 22656 560 Old Charles Town Road, Stephenson, RA VA 22656 572 Old Charles Town Road, Stephenson, RA VA 22656 582 Old Charles Town Road, Stephenson, RA VA 22656 PO Box 151, Stephenson, VA 22656 RA 660 Old Charles Town Road, Stephenson, RA VA 22656 688 Old Charles Town Road, Stephenson, RA VA 22656 532 Old Charles Town Road, Stephenson, RA VA 22656 380 Old Charles Town Road, Stephenson, RA VA 22656 133 Parkins Lane, Winchester, VA 22602 RA 614 Old Charles Town Road, Stephenson, RA VA 22656 634 Old Charles Town Road, Stephenson, RA VA 22656 644 Old Charles Town Road, Stephenson, RA VA 22656 2732 Martinsburg Pike, Stephenson, RA VA 22656-1712 Also send info to: Rev. Jay Hanke, District Superintendent Winchester District Office of the United Methodist Church 20 South Cameron Street Winchester, VA 22601 FIE CEIVI-r-% JUL 3 0 2001 9EPT, OF PLANNINGIOEVELOPMENT Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia �Applicant: Please :fill? :out the in'form:**a ion as": -'accurately: as.possihle'in-order tbassist."th* e saniiation AuthbntYwith `then review; Attacli.a copy of your ,application 'formIlocation . .map, profferstAtement,: impactI d" h t, ana ysis,.an any other* --per iot nen 'in ormation-'.--..- Applicant's Name: Gc-ewumy F-IJGt 06ke (W-7 Telephone: 154Q-(.oGZ-4-j 1-5- Mailing Address: t-I i U- C-/\ M(- w I � N SIT-0, VA -Z Z 602 Location of property: FAST or 9T Coba H I t-pur-Ij IFD) ,6o U-r(-I ne F--r Ae, 1 1 1 CO CIA( U 5 + 430 UT�-Vj) Ee,r 6 gr UAL w uu)tJ "S19le Iris P- I-P'TrIs FoKRS A HAJOIL R)LICION (kc)t JQV�/ 6E IRIC --:UNCC-7- I 151-M, Current zoning: F A - Zoning requested: H I — Acreage: 404- Sanitation Authority Comments: See attached Memorandum dated 7-30-01. Sanitation Authority Signature & Date: W. Jcmrie' P.E. 7-30-01 s, i H tu iF00,40., t k."A n 15 P .'.040 25 G- EIV RE 1 'ED JUL 3 0 2001 OEPT, OF PLANNING/DEVELOPMENT FREDERICK COUNTY P.O. Box 1877 Winchester VA 22004-13377 JAMES T. ANDE,RSON, Chairman Wellington [1. Joues, Y.E. Ito] 3ERT N. ('AKI'I?\"I h;R. Vice-chairman Engineer -Director ROBERT 11. MOWERY, Sec -treasurer JOHN' S'I'rVENS Ph. - (5,10) 868-1061 RICHARD A. RUCK\IAN Fax. - (5,10) 868-1429 DARWIN S. BRADEN MEMORANDUM TO: Greenway Engineering FROM: Wellington H. Jones, P.E. / SUBJECT: Mid -Atlantic Industrial & Tec i Center Revised Proffer Statement and Impact Analysis DATE: July 30, 2001 Water Water facilities are available to the proposed re -zoning site to meet the demands in the revised impact statement. The Authority will place in service, the summer of 2002, a water filtration plant at Clearbrook. To fully utilize the initial treatment capacity of four MGD, a transmission main must be constructed from the plant to the vicinity of I-81/Route I I interchange north of Winchester. The proposed re -zoning is ideally located for this main to provide additional water service, if required. Sealer Sewer service is not directly available to the proposed re -zoning and must be extended from existing facilities. There are several alternatives available. Ultimately, the wastewater is proposed to be collected by a gravity sewer system and pumped to the Opequon Water Reclamation Facility. The extensions of sanitary sewer to the proposed re -zoning will greatly enhance the feasibility of providing this service to existing residences of the Stephenson area. /ths H E(..# IV JUL 3 0 2001 DEPT, OF PLANNING/DEVELOPMENT, NVATI:R AT YOUR SEIZ'0/[CI; inn C Virginia Department of Transportation Hail to: Virginia Department of Transportation Attu: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 994-5600 and deliver to: Vixginia Department of Transportation Attn: Resident Engineer 1550 Commercc Street Winchester, Virginia al�='.0 bt'6� :.d; IM C OTfSn-.17���'....�.-..�":,-.:,"-.,..-:.:� ...... ... Applicant's Name: EGwjLejj�& Telephone: 546-GGZ-4(&S Address- \,Ij I,.,:1v 1-,,) 1 L 1-4 Aj;', - �vpl Location of property: :775te C,,?o �RT L111809M (QDA D ), 600-74 OF 2TT, 7l, I (01—D ALD nr KTf_ a4( f0e-IDAA1 ICPKI�ZS E0_6_D H 14-r, 5 F-0t,J F0,;,-f5 A,,I--(AJOP— Or T74F_ Saw cAlevI. Current zorur. Virginia Departs VDOT has reN request revi the proposec proposed woz statement of Please forw VDOT Signaturc 1.) Initial Improvements Is 0 .-, The applicant will install prior to or with the first building occupancy permit improvements ::. to Old Charles Town Road and US Route 11 that will include the following: . •.,. ._.. ......_... -� .'.. 1 .i.l x.. _: - 5....... ..�.�.t.,..... .. .._aL'il:.�t_�_a�•'.:3.,3-..1_. Sz ..' �_... ,.<<1_.�;..r° .Ii_ -i' . Lane widening on Old Charles Town Road to a road cross section of 2 12';` I lanes and a minimum of 6' shoulders Right turn lane on US Route 11 to eastbound Route 761 Right turn lane on Old Charles Town Road into the subject site Execute a signahzation agreement with VDOT Right turn lane on Route 761 to northbound Route 11 2.) Access a. Industrial road access is hereby prohibited along Milburn Road to access the portions of the properties rezoned. b. ( industrial access entrance is proposed on Old Charles Town Road (Route 761) approximately 300 feet east of the intersection of Milburn Road and Old Charles Town Road. c. A secondary emergency access will be incorporated into the master development plan at approximately 700 feet southeast of the intersection of Stephenson Road and Old Charles Town Road. This access will be gated and only used for emergency purposes. d. At such time as the actual average daily trips exceed 6,000 vehicles per day (" VPD") generated by the site, another access will be made available connecting to US Route 11 as designated by the current Comprehensive Plan or improvements will be made by the applicant along Old Charles Town Road from the access road of the property to US Route 11, so that a level of service ("LOS") "C" is maintained on Old Charles Town Road which will include the following Y vC `3 An urban 3-lane road section ,Bridge widening 1{ Associated turn lane expansions and improvements'..'!'."' mprovements. The average daily trips for each site plan submitted will be determined by.usin.g thee Institute of Traffic Engineers Manual (ITE).• Actual traffic counts will be performed by the applicant's engineer using standard engineering practices .'The;, .,.: actual traffic counts will be added.to the ITE projection for the subject;slte:,plat :fo;.• determine the total average daily trips generated by the site. �'�E' E'l t! ED JUL 3 0 200.1 DEPT, OF PLANNING/DEVELOPMENT 3) TTaffic a." A traffic signal will be installedhthe time determined by the Virginia Department of Transportation (" OT") at the intersection of the propo Industrial Park entrance and Old Charles Town Road in the configuration and design as approved by VDOT. The applicant shall pay 100% for the cost of said traffic signal '. b. The applicant will participate in the installation of a traffic signal at the intersection of U.S. Route 11 and Old Charles Town Road. A VDOT traffic signalization agreement shall be executed and monies will be paid to VDOT as determined by a traffic impact study using VDOT procedures. 4.) Right of Way Dedication The applicant hereby agrees to dedicate right of way to the Commonwealth of Virginia along existing roads adjacent to the property as determined by VDOT. Right of Way Dedication along Milburn, Road is hereby prohibited unless agreed to and consented to by the Frederick County Board of Supervisors. 5.) Progressive Improvements When the vehicles per day generated by the site exceed 6,000 VPD and at the request of the Virginia Department of Transportation and in conjunction with a site plan submission, a detailed traffic study will be performed in accordance with the Virginia Department of Transportation's guidelines and procedures. As determined by VDOT, the traffic study may include: The Industrial Park entrance at Old Charles Town Road 2. The intersection of Old Charles Town Road and Route 11 3. A link analysis between Industrial Park entrance at Route 761 and Route 11 4. A link analysis on Route 11 from Route 761 south to Stephenson Interchange Exit 317 5 A link analysis on Route 11 from the access road as designated on the Frederick County Comprehensive Plan at its intersection on Route 1 I south to Stephenson Interchange Exit 317 6. Interstate 81 interchange at Stephenson Interchange Exit 317 If the access road to Route 11 as stated above (Proffer 132d) is completed, items 1, 2, 3, and 4 are omitted from the study. Items 5 and 6 will remain in the study. Item 6 will remain with the understanding that the applicant's pro-rata share of the improvements for Stephenson Interchange Exit 317 shall not exceed $50,000. JUL 3 0 2001 DEPT. OF Pt ANNINGIDEVELOPMENT Any improvements deemed necessary by the Virginia Department of Transportation to maintain a level of service of C will be incorporated into the traffic study. Prior to VIM approving and signing the Fredericl*unty comment document for thFsubject site plan: An engineering cost estimate for the right -of --way improvements identified as being affected through the traffic study will be calculated. The estimate will be prepared showing the percentage of cost impact caused by each individual site plan submittal. These percentage impact improvements will be bonded, built or escrowed to Frederick County for use in the transportation network system. Any monies, bonds or escrows may be used by Frederick County in the Transportation Matching Fund Program. The approval of said site plan will be contingent on satisfying the above conditions in this proffer. 6.) Comprehensive Plan Road Construction The applicant hereby agrees to coordinate, set aside right of way, and construct the portion of the major collector road traversing the land herein to be rezoned and developed, and as outlined in the Frederick County Comprehensive Plan Northeast Land Use Study adopted by the'Frederick County Board of Supervisors on September 27, 2000. Said collector road will be incorporated in and constructed with each site plan submission that is adjacent to or part of the site plan. 7.) Rail Spur The rail spur construction from the existing CSX rail line traversing easterly to the Mid -Atlantic Industrial and Tech Center shall be built as an at grade crossing with existing Milburn Road elevation aslslpwnoi'ExHibit,'�E;". C.) Development Sensitive Area Restriction The Development Sensitive Area, as outlined on the Northeast Land Use Study as adopted by the Frederick County Board of Supervisors on September 27 2000, specifically in the area adjacent to Milburn Road and lying on the subject property Tax Map Parcel 44-A-31, is hereby restricted by permanent easement from the use of industrial and commercial enterprises. This easement restriction will not prohibit development of infrastructure for such items as rail access, underground utilities, or any credit allowances for zoning district buffers. WEn JUL 3 0 2001 DEPT, OF PLAN NINGIDEVELOPMENT 0 Rezoninjj Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 0 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia Applicant Please fill`;oiit.ahe information as accurately as'possible in order.fo ass st the. County Attorneys officewith;thbitreview:' Attach a copy of` your application: form, Location map*:. prof�'er statement, impacf analysis; and anY other pertYnent information..:: . .... ... I Applicant's Name: GPWowAq EiZ,l 06E2( x)(-, Telephone: �540- (GZ- 41Oc:� Mailing Address: 11-5 1 W( N D y (A I LJ_ L,A-O(- i () I ryCII�4LS'('tG2j \/,_A Z ZG1071 Location of property: l;A51- O F (Z7 Vv2 kl (,DUe,-) P Q) )50 21 DE l2T - 7 & I (OLD Q11-W.0tJ/0 leDl J_ 56�-fQ)LST of er +Ann-rr's 12Un1 FoP. MS A HAJo►2 Pot-Ror,1yF Me 590'TI E&J &)NDAey' o-P RIC 5Ur3JtC_( 5I'T& Current zoning: A Zoning requested: M I Acreage: -04— County Attorney's Comments: 11 t 'r 1 <<[3 /1 I / c'. e !f der 1� 1Ci tJA A) ��C1u i1e I.Ja rr, jcz .Q rr i _ /1 e �� cis' �i /J l�� wTI,I( PSI •fa Provrrc �,Fi�,cihy� /�<�` - �YnnY o GC !a / rd Assistant County Attorney's Q2, Signature & Date: -Pi���` tC�`itlt N°Qf ceEt�`Cau�n..Affb.... :::::.::::.:;.:::; :.;�:::... .::::::.:�:..�:.:.:::..�.P.I?::::.�.�.::.::: go AUG 0 12001 k; V DEPT, OF PLANNINGIDEVELOPMENT 0 Ll Action: AM END1VIENT PLANNING COMMISSION: Recommended Approval on February 2, 2001 BOARD OF SUPERVISORS: Denied on August 7, 2001 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-00 OF MID -ATLANTIC INDUSTRIAL AND TECH CENTER WHEREAS, Rezoning #04-00 of Mid -Atlantic Industrial & Tech Center was submitted by Greenway Engineering on behalf of Shockey Industries, to rezone 404 acres from RA (Rural Areas) to M1 (Light Industrial). This property is located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664) and is identified with Property Identification Numbers 44-A-31, 44-A-292, and 44-A-293 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on November 15, 2000 and on February 2, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on June 12, 2001; and August 7, 2001; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 404 acres from RA (Rural Areas) to M1 (Light Industrial) 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 #10-01 -0 0 This ordinance shall be in effect on the date of adoption. Denied ga6,Ad this nth day of August , 2001 by the following recorded vote: Richard C. Shickle, Chairman aye Sidney A. Reyes Nay W. Harrington Smith, Jr. Nay Margaret B. Douglas Aye Charles W. Orndoff, Sr. Aye Robert M. Sager Nay A COPY ATTEST John . Riley, Jr. Frederick County Ad nistrator PDRes. #10-01 0:\Agen das\CO hIMQNTS\U,20NINO\RCSOLUTN\Mi dAtl anti cRCS 2. wpd Greenway Engineering September 1, 2000 Mid -Atlantic Industrial Rev. September 22, 2000 and TecliCenter MID -ATLANTIC INDUSTRIAL & TECH CENTER REZONING Tax Parcels 44-A-31, 44-A-292, 44-A-293 Stonewall Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 04-00 for the rezoning of approximately 447 acres from the Rural Area (RA) zoning district to 208 acres Light Industrial (Ml) and 239 acres General Industrial (M2) 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 the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Crider and Shockey, Inc. of West Virgitua, being all or part of Tax Map Parcels 44-A-31, 44-A-292, and 44-A-293, and further described by zoning plat prepared by Mark D. Smith, P.E., L.S., dated September 8, 2000. A.) Prohibited Uses The following uses shall not be permitted on the proposed Industrial Park: Description Sic Meat Packing Plant 2011 Poultry Slaughtering and Processing 2015 Animal and Marine Fats and Oils 2077 Logging 241 Wood Preserving 2491 Pulp Mills 261 Paper Mills 262 Paperboard Mills 263 Cellulosic Manmade Fibers 2823 Leather Tanning and Finishing 311� Glass Manufacturing 321-322 Cement, Hydraulic 324 �`_ Ordnance and Accessories 348 Greenway Engineering • September 1, 2000 Rev. September 22, 2000 Refuse Systems Junkyards Consumer Recycling B.) Transportation 1.) Access 4953 OMid-Atlantic Industrial and TechCenter a. Industrial road access is hereby prohibited along Milburn Road to access the portions of the properties rezoned. b. An industrial access entrance is proposed on Old Charles Town Road (Route 761) approximately 300 feet east of the intersection of Milburn Road and Old Charles Town Road. Frontage improvements, such as widenings, turn lanes, and shoulder improvements, shall be installed when determined by the Virginia Department of Transportation to maintain a level of service of C or better. c. A secondary emergency access will be incorporated into the master development plan at approximately 700 feet southeast of the intersection of Stephenson Road and Old Charles Town Road. This access will be gated and only used for emergency purposes. This second access may be used as a permanent access if warranted by traffic count and safety reasons as determined by the Virginia Department of Transportation. At such time, this access will be incorporated into a revised master development plan and processed through Frederick County for agency reviews and public comment. 2.) Traffic Signalization a. A traffic signal will be installed at the time determined by VDOT at the intersection of the proposed Industrial Park entrance and Old Charles Town Road in the configuration and design as approved by the Virginia Department of Transportation. The applicant shall pay for the cost of said traffic signal. b. The applicant will participate in the installation of a traffic signal at the intersection of U.S. Route 11 and Old Charles Town Road. A VDOT traffic signalization agreement shall be executed and monies will be paid to VDOT on a 50/50 basis as determined by a traffic impact study conducted using VDOT procedures. 3.) Intersection Improvements Right turn lane and radius widening improvements shall be installed at the intersection of U.S. Route 11 and Old Charles Town Road as necessary as determined by the Virginia Department of Transportation to maintain level of service C or better. Greenway Engineering September 1, 2000 10Mid-Atlantic Industrial Rev. September 22, 2000 and TecliCenter 4.) Right of Way Dedication The applicant hereby agrees to dedicate right of way to the Commonwealth of Virginia along existing roads adjacent to the property as determined by the Virginia Department of Transportation. 5.) Progressive Improvements At the time of the first site plan for subdivision plan submission, a detailed traffic study will be performed in accordance with the Virginia Department of Transportation's guidelines and procedures. If determined by VDOT, the traffic study may be waived. The study will incorporate the Industrial Park entrance at Old Charles Town Road, the intersection of Old Charles Town Road and Route 11, and a link analysis between said intersections. If determined by VDOT in the preliminary traffic scope, other roads and intersections shall be incorporated into the traffic study, such as Route 11, the Interstate 81 interchanges at Stephenson (interchange 4317), Clearbrook (interchange #320), and Whitehall (interchange #323). All site plan submissions thereafter shall include a traffic study update of the original study unless waived by VDOT. Any improvements deemed necessary by the Virginia Department of Transportation to maintain a level of service of C or better will be incorporated into said site plans submissions. These improvements will be paid for by each respective user in whole or part as deemed necessary by the Virginia Department of Transportation. These monies are to be set aside for improvements and will be made available for matching ftinds for any County, State, or Federal programs. C.) Development Sensitive Area Restriction The Development Sensitive Area, as outlined on the Northeastern Land Use Study prepared by Frederick County, dated May 24, 2000, specifically in the area adjacent to Milburn Road and lying on the subject property Tax Map Parcel 44-A-31, is hereby restricted by permanent easement for the use of industrial and commercial enterprises. The said easement restriction will not prohibit development of infrastructure for such items as rail access, storm water management, and utilities or any credit allowances for zoning district buffers. . Greenway Engineering September 1, 2000 kid -Atlantic Industrial Rev. September 22, 2000 and TechCenter D.) Conservation Easement A conservation easement along Hiatt's Run in varying widths of 100 — 200 feet is hereby created for the purpose of passive recreation and nature trails. Said conservation easement will be for the benefit of the Park owners and made part of their health and recreational programs. In the event that Frederick County creates a Hiatt's Run Linear Park System, these areas will be available for dedication to the County and use by the general public. The said easement restriction will not prohibit supporting development infrastructure for such items as road access, storm water management, and utilities or any credit allowances for zoning district buffers. E.) Historic Structure This historic site file 434-1124, Sam Byers House, as inventoried by the Historic Resources Advisory Board, is hereby made available upon the appropriate executed release agreements for research, inventorying, cataloging, dismemberment, and relocation by a designated Historic Society as sanctioned by the Frederick County Planning Department for a period of 12 months with a extension of an additional 6 months if deemed necessary by the Frederick County Planning Department. This period shall commence at the date of rezoning for subject property. F.) Signage 1.) All freestanding signs shall be limited to 20 feet in height. 2.) No building mounted signs shall be allowed along the building face facing Milburn Road. Signage, which may include building mounted signs, will be allowed facing Milburn Road for business and/or office uses. These signage elements will be incorporated and designed harmoniously with entrance features to said buildings. No use other than business and office will be allowed to have a building mounted sign facing Milburn Road. G.) Buffering Additional buffering and screening shall be provided along the zoning line of the western most zoning line of M1 and RA paralleling Milburn Road from Old Charles Town Road to the McCann property line Tax Map Parcel #44-A-29. The buffering shall be placed at a distance of approximately 50 feet from the zoning line and maintained in its natural condition. Additional landscaping, consisting of tall grasses and trees, will be placed adjacent to said setback buffer. i Greenway Engineering September 1, 2000 OMid-Atlantic Industrial Rev. September 22, 2000 and TecliCenter The said buffering will not prohibit development of infrastructures for such items as rail access, drainage, and utilities. H.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 04-00 is approved, and the property is subsequently developed within an MI, M2 zone, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ 20,000 for Frederick County Fire and Rescue This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services. I.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Crider & Shockey, Inc. of West Virginia J. Do ockey, r., Presi en Date Commonwealth of Virginia, /County of 1/A/g/CZ To Wit: The foregoing instrument was acknowledged before me this Z day of 2000 by � es'== Notary Public My Commission Expires 7_202 / Greenway Engineering September 1, 2000 •Mid -Atlantic Industrial Rev. January 12, 2001 and Tech Center MID -ATLANTIC INDUSTRIAL & TECH CENTER REZONING Tax Parcels 44-A-31, 44-A-292, 44-A-293 Stonewall Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 04-00 for the rezoning of approximately 404 acres from the Rural Area (RA) zoning district to 206 acres Light Industrial (M1) and 198 acres General Industrial (M2) 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 the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Crider and Shockey, Inc. of West Virginia, being all or part of Tax Map Parcels 44-A-31, 44-A-292, and 44-A-293, and further described by zoning plat prepared by Mark D. Smith, P.E., L.S., dated December 9, 2000, Exhibit B. A.) Prohibited Uses The following uses shall not be permitted on the proposed Industrial Park: Description Sic Meat Packing Plant 2011 Poultry Slaughtering and Processing 2015 Animal and Marine Fats and Oils 2077 Logging 241 Wood Preserving 2491 Pulp Mills 261 Paper Mills 262 Paperboard Mills 263 Cellulosic Manmade Fibers 2823 Leather Tanning and Finishing 311 pp RECEIVED Glass Manufacturing 321-322 Cement, Hydraulic 324 JAN 1 6 2001I DEPT, OF PLAN NING/DEVELOPMENT Greenway Engineering . September 1, 2000 Rev. January 12, 2001 Ordnance and Accessories 348 Refuse Systems 4953 Junkyards Consumer Recycling Stand-alone Incinerators Fuel Dealers 598 B.) Transportation 1.) Access Mid -Atlantic Industrial and Tech Center a. Industrial road access is hereby prohibited along Milburn Road to access the portions of the properties rezoned. b. An industrial access entrance is proposed on Old Charles Town Road (Route 761) approximately 300 feet east of the intersection of Milburn Road and Old Charles Town Road. Frontage improvements, such as widenings, turn lanes, and shoulder improvements, shall be installed by the applicant when determined by the Virginia Department of Transportation to maintain a level of service of C or better. c. A secondary emergency access will be incorporated into the master development plan at approximately 700 feet southeast of the intersection of Stephenson Road and Old Charles Town Road. This access will be gated and only used for emergency purposes. 2.) Traffic Signalization a. A traffic signal will be installed at the time determined by VDOT at the intersection of the proposed Industrial Park entrance and Old Charles Town Road in the configuration and design as approved by the Virginia Department of Transportation. The applicant shall pay 100% for the cost of said traffic signal as determined by a traffic impact study conducted using VDOT procedures. This study will be required at the time of the first site plan submission. b. The applicant will participate in the installation of a traffic signal at the intersection of U.S. Route 11 and Old Charles Town Road. A VDOT traffic signalization agreement shall be executed and monies will be paid to VDOT as determined by a traffic impact study conducted using VDOT procedures. 3.) Intersection Improvements Right turn lane and radius widening improvements shall be installed and paid for by the applicant at the intersection of U.S. Route 11 and Old Charles Town Greenway Engineering September 1, 2000 wid-Atlantic Industrial Rev. January 12, 2001 and Tech Center Road as necessary as determined by the Virginia Department of Transportation to maintain level of service C or better. 4.) Right of Way Dedication The applicant hereby agrees to dedicate right of way to the Commonwealth of Virginia along existing roads adjacent to the property as determined by the Virginia Department of Transportation. Right of Way Dedication along Milburn Road is hereby prohibited unless agreed to and consented to by the Frederick County Board of Supervisors. 5.) Progressive Improvements At the time of the first site plan for subdivision plan submission, a detailed traffic study will be performed in accordance with the Virginia Department of Transportation's guidelines and procedures. If determined by VDOT, the traffic study may be waived. As determined by VDOT, the traffic study will include: • The Industrial Park entrance at Old Charles Town Road • The intersection of Old Charles Town Road and Route 11 • A link analysis between Industrial Park entrance and Route 11 • Interstate 81 interchange at Stephenson (interchange 4317) • Interstate 81 interchange at Clearbrook (interchange #320) • Interstate 81 interchange at Whitehall (interchange #323) • The intersection of Woodsmill Road and Route 7 All site plan submissions thereafter shall include a traffic study update of the original study unless waived by VDOT. Any improvements deemed necessary by the Virginia Department of Transportation to maintain a level of service of C or better will be incorporated into said site plans submissions. These improvements will be paid for in whole or part as deemed necessary by the Virginia Department of Transportation. , r 6.) Comprehensive Plan Road Construction �)x The applicant hereby agrees to coordinate, set aside right of way, and construct the portion of the major collector road traversing on the land herein to be rezoned and developed and as outlined in the Frederick County Comprehensive Plan Northeast Land Use Study adopted by the Frederick County Board of Supervisors on September 27, 2000. Said collector road will be incorporated in and constructed with each site plan submission that is adjacent to or part of the site plan. Greenway Engineering • September 1, 2000 •Mid -Atlantic Industrial Rev. January 12, 2001 and Tech Center 7.) Rail Spur The rail spur construction from the existing CSX rail line traversing easterly to the Mid -Atlantic Industrial and Tech Center shall be built as an at grade crossing with existing Milburn Road elevation. C.) Development Sensitive Area Restriction The Development Sensitive Area, as outlined on the Northeast Land Use Study as adopted by the Frederick County Board of Supervisors on September 27 2000, specifically in the area adjacent to Milburn Road and lying on the subject property Tax Map Parcel 44-A-31, is hereby restricted by permanent easement from the use of industrial and commercial enterprises. The said easement restriction will not prohibit development of infrastructure for such items as rail access, underground utilities, or any credit allowances for zoning district buffers. D.) Byers House This Sam Byers House, file #34-1124 as inventoried by the Virginia Department of Historic Resources, is hereby made available upon the appropriate executed release agreements for research, inventorying, cataloging, dismemberment, and relocation by a designated Historic Society as sanctioned by the Frederick County Board of Supervisors for a period of 12 months with an extension of an additional 6 months if deemed necessary by the Frederick County Board of Supervisors. This period shall commence at the date of rezoning for subject property. E.) Viewshed Buildings, signs, and lightpoles shall be prohibited above the viewshed ceiling projecting from Milburn Road to infinity. The viewshed ceiling is hereby described by the following data set of positional coordinates. The line through these coordinates will be extended easterly to infinity. The base data and positional coordinates is as follows: �Nc' • Viewshed lines are from the centerline of Milburn Road extending e�,sto /. • Positional coordinates are based on Virginia State Plain coordina�ta MAD 83 and NAVD 88. • Height of eye will be 5.50 feet. • Landscape buffer along the ridgeline is 10 feet high, setback 50 feet from the ridgeline. • See Exhibit C and Exhibit D for graphical illustrations. Greenway Engineering • September 1, 2000 Rev. January 12, 2001 Positional coordinates sets following: SECTION AT MILBURN ROAD Northing Easting Elevation 2 7131333.6 11593524.1 647.5 4 7131153.2 11593437.7 640.9 7 713880.4 11593318.0 631.5 11 7130515.6 11593148.8 622.1 15 7130151.5 11592982.2 607.5 19 7129790.7 11592810.6 614.0 22 7129519.3 11592682.9 614.0 Mid -Atlantic Industrial and Tech Center T 50' EAST O RIDGELINE Northing Easting Elevation 7131185.4 11593830.1 658.8 7130993.7 11593760.5 657.9 7130699.3 11593680.9 655.7 7130331.8 11593559.6 652.4 7124916.9 11593489.7 648.0 7129473.6 11593462.5 651.7 7129102.5 11593569.9 655.8 To insure compliance all site development plans within the industrial park shall provide an analysis indicating conformance with the viewshed positional coordinate proffer. F.) Buffering 1.) Additional buffering and screening shall be provided along the zoning line of the western most zoning line of M1 and RA paralleling Milburn Road from Old Charles Town Road to the McCann property line Tax Map Parcel #44-A-29. The buffering shall be placed at a distance of approximately 50 feet from the zoning line and maintained in its natural condition. Landscaping, consisting of tall grasses, trees, small berming, and evergreens, will be placed adjacent to said setback buffer which will have a minimum height of 10 feet at maturity. This landscape will be planted in such a manner that an opaque buffering and screening will be fully developed at maturity. The buffering and screening at the time of installation will consist of a berm of 6' in height or more and a double row of evergreens planted 10' on center with a minimum height of 4'. Said screening and buffer may be modified to provide a greater amount of screening as stated above and shall be approved and made a part of any adjacent site plan submission. These additional screenings may include a variety of evergreens, dogwoods, crabapples, tall grasses, shrubs, or other trees. The said buffering will not prohibit development of infrastructures for such items as rail access, drainage, and utilities. 2.) An intense buffering and screening element will be provided along the northern property line of the proposed M1 zoning that is adjoining the residents along Old Charles Town Road. This buffering and screening will be provided adjacent to Tax Map Parcels c� r Greenway Engineering September 1, 2000 Mid -Atlantic Industrial Rev. January 12, 2001 and Tech Center 44-A-147, 44-A-148, 44-A-149, 44-A-150, 44-A-151, 44-A-153, 44-A-154, 44- A-155, 44-A-156, 44-A-157, 44-A-158, 44C-2-A, 44C-2-B, 44C-2-D, 44-A-161, 44-A-162, 44-A-163, 44-A-164, 44-A-165, 44-A-166. This buffer will consist of landscaping as shown in Exhibit A attached to and made part of this proffer statement. The quantity and height of trees at time of planting is outlined below: Name Quantity per 200' Height Acer Saccaharum 3 2-2.5' Cornus Serica 8 18-24" Forsythia Intermedia 7 18-24"' Ilex Nellie Stevens 2 7-8' Lonicera fragmentissima 15 18-24" Malus 6 1.75-2" Pinus Nigra 3 8-10, Pinus Strobus 3 8-10, Quercus Shumardii 1 2-2.5' Viburnum Burkwoodi 7 18-24" Zelkova Serrata 1 2-2.5' Maintenance of the buffering as described in items 1 and 2 above will be the responsibility of the Mid -Atlantic Industrial and Tech Center Association. G.) Lighting Building mounted lights and pole -mounted lights will be of a downcast nature and shielded and directed away from adjacent properties surrounding the proposed project. Lighting plans will be submitted as a separate attachment for review and approval by the Frederick County Planning Department prior to installation. II.) Signage" All freestanding signs shall be limited to 12 feet in height. (OW5,� I.) Loading Docks Loading docks will be oriented away from the northern property line of the proposed M1 zoning that is adjoining all parcels located on Old Charles Town Road. These parcels are listed as Tax Map Parcels #: 44-A-13 8, 44-A-13 9, 44-A-140, 44-A-141, 44-A-142, 44-A-143, 44-A-144, 44-A-145, 44-A-146, and those parcels included in Section G Greenway Engineering • September I, 2000 • Mid -Atlantic Industrial Rev. January 12, 2001 and Tech Center J.) Stormwater Management/Best Management Practices Regional stormwater management will be implemented in natural low lying and ravine areas. Presediment fore bays in combination with any onsite stormwater management will be incorporated into the Master Development Plan and individual site plans. Additionally, as part of the overall stormwater management and water quality network, the applicant will institute best management practices, BMPs in the form of structural and non-structural practices. These BMP procedures will be prepared as outlined in the Northern Virginia BMP Handbook, A Guide to Planning and Designing ring Best Management Practices. K.) Industrial and Tech Center Covenants Industrial and Tech Center Covenants will be used to control, unify, and guide the following items but in no way will be limited to: • Lighting • Noise • Speakers • Trash disposal/screening • odors • prorata stormwater/best management practice L.) Recycling Proffer Recycling programs will be implemented with each Industrial and Tech Center user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. This program will be reviewed and approved by the Frederick County Recycling Coordinator prior to final occupancy permit. "K M.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 04-00 is approved, and the property is subsequently developed within an M1, M2 zone, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ 20,000 for Frederick County Fire and Rescue This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid at the time of the first site plan submission. Greenway Engineering September 1, 2000 • Mid -Atlantic Industrial Rev. January 12, 2001 and Tech Center N.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Crider & Shockey, Inc. of West Virginia By: 1-14 - 01 J. D ld hockey, Jr., President Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of AN 2001 by J • rJAt-D 5 EK G y I -J Notary P lic My Commission Expires 'FEP,+K(AoZ�j Za, Zo04- GOV 8 Greenway Engineering September 1, 2000 �id-Atlantic Industrial Rev. January 12, 2001 and Tech Center MID -ATLANTIC INDUSTRIAL & TECH CENTER REZONING Tax Parcels 44-A-31, 44-A-292, 44-A-293 Stonewall Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 04-00 for the rezoning of approximately 404 acres from the Rural Area (RA) zoning district to 206 acres Light Industrial (Ml) and 198 acres General Industrial (M2) 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 the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Crider and Shockey, Inc. of West Virginia, being all or part of Tax Map Parcels 44-A-31, 44-A-292, and 44-A-293, and further described by zoning plat prepared by Mark D. Smith, P.E., L.S., dated December 9, 2000, Exhibit B. A.) Prohibited Uses The following uses shall not be permitted on the proposed Industrial Park: Description Sic Meat Packing Plant 2011 Poultry Slaughtering and Processing 2015 Animal and Marine Fats and Oils 2077�' Logging 241 C,��� Wood Preserving 2491 Pulp Mills 261 Paper Mills 262 Paperboard Mills 263 Cellulosic Manmade Fibers 2823 Leather Tanning and Finishing 311 R E C E I V E D Glass Manufacturing 321-322 Cement, Hydraulic 324 JAN 1 6 2001 DEPT, OF PLANNING/DEVELOPMENT Greenway Engineering , September 1, 2000 Rev. January 12, 2001 Ordnance and Accessories 348 Refuse Systems 4953 Junkyards Consumer Recycling Stand-alone Incinerators Fuel Dealers 598 B.) Transportation 1.) Access *id -Atlantic Industrial and Tech Center a. Industrial road access is hereby prohibited along Milburn Road to access the portions of the properties rezoned. b. An industrial access entrance is proposed on Old Charles Town Road (Route 761) approximately 300 feet east of the intersection of Milburn Road and Old Charles Town Road. Frontage improvements, such as widenings, turn lanes, and shoulder improvements, shall be installed by the applicant when determined by the Virginia Department of Transportation to maintain a level of service of C or better. c. A secondary emergency access will be incorporated into the master development plan at approximately 700 feet southeast of the intersection of Stephenson Road and Old Charles Town Road. This access will be gated and only used for emergency purposes. 2.) Traffic Signalization a. A traffic signal will be installed at the time determined by VDOT at the intersection of the proposed Industrial Park entrance and Old Charles Town Road in the configuration and design as approved by the Virginia Department of Transportation. The applicant shall pay 100% for the cost of said traffic signal as determined by a traffic impact study conducted using VDOT procedures. This study will be required at the time of the first site plan submission. b. The applicant will participate in the installation of a traffic signal at the intersection of U.S. Route 11 and Old Charles Town Road. A VDOT traffic signalization agreement shall be executed and monies will be paid to VDOT as determined by a traffic impact study conducted using VDOT procedures. 3.) Intersection Improvements e Right turn lane and radius widening improvements shall be installed and paid for by the applicant at the intersection of U.S. Route 11 and Old Charles Town Greenway Engineering i September 1, 2000 *id -Atlantic Industrial Rev. January 12, 2001 and Tech Center Road as necessary as determined by the Virginia Department of Transportation to maintain level of service C or better. 4.) Right of Way Dedication The applicant hereby agrees to dedicate right of way to the Commonwealth of Virginia along existing roads adjacent to the property as determined by the Virginia Department of Transportation. Right of Way Dedication along Milburn Road is hereby prohibited unless agreed to and consented to by the Frederick County Board of Supervisors. 5.) Progressive Improvements At the time of the first site plan for subdivision plan submission, a detailed traffic study will be performed in accordance with the Virginia Department of Transportation's guidelines and procedures. If determined by VDOT, the traffic study may be waived. As determined by VDOT, the traffic study will include: • The Industrial Park entrance at Old Charles Town Road • The intersection of Old Charles Town Road and Route 11 • A link analysis between Industrial Park entrance and Route 11 • Interstate 81 interchange at Stephenson (interchange 4317) • Interstate 81 interchange at Clearbrook (interchange #320) • Interstate 81 interchange at Whitehall (interchange #323) • The intersection of Woodsmill Road and Route 7 All site plan submissions thereafter shall include a traffic study update of the original study unless waived by VDOT. Any improvements deemed necessary by the Virginia Department of Transportation to maintain a level of service of C or better will be incorporated into said site plans submissions. 10 These improvements will be paid for in whole or part as deemed necessary�by the Virginia Department of Transportation. !� 0 6.) Comprehensive Plan Road Construction <<YV The applicant hereby agrees to coordinate, set aside right of way, and construct the portion of the major collector road traversing on the land herein to be rezoned and developed and as outlined in the Frederick County Comprehensive Plan Northeast Land Use Study adopted by the Frederick County Board of Supervisors on September 27, 2000. Said collector road will be incorporated in and constructed with each site plan submission that is adjacent to or part of the site plan. Greenway Engineering of September I, 2000 loid-Atlantic Industrial Rev. January 12, 2001 and Tech Center 7.) Rail Spur The rail spur construction from the existing CSX rail line traversing easterly to the Mid -Atlantic Industrial and Tech Center shall be built as an at grade crossing with existing Milburn Road elevation. C.) Development Sensitive Area Restriction The Development Sensitive Area, as outlined on the Northeast Land Use Study as adopted by the Frederick County Board of Supervisors on September 27 2000, specifically in the area adjacent to Milburn Road and lying on the subject property Tax Map Parcel 44-A-31, is hereby restricted by permanent easement from the use of industrial and commercial enterprises. The said easement restriction will not prohibit development of infrastructure for such items as rail access, underground utilities, or any credit allowances for zoning district buffers. D.) Byers House This Sam Byers House, file #34-1124 as inventoried by the Virginia Department of Historic Resources, is hereby made available upon the appropriate executed release agreements for research, inventorying, cataloging, dismemberment, and relocation by a designated Historic Society as sanctioned by the Frederick County Board of Supervisors for a period of 12 months with an extension of an additional 6 months if deemed necessary by the Frederick County Board of Supervisors. This period shall commence at the date of rezoning for subject property. E.) Viewshed Buildings, signs, and lightpoles shall be prohibited above the viewshed ceiling projecting from Milburn Road to infinity. The viewshed ceiling is hereby described by the following data set of positional coordinates. The line through these coordinates will be extended easterly to infinity. The base data and positional coordinates is as follows: • Viewshed lines are from the centerline of Milburn Road extending easterly. • Positional coordinates are based on Virginia State Plain coordinates NAD 83 and NAVD 88. • Height of eye will be 5.50 feet. • Landscape buffer along the ridgeline is 10 feet high, setback 50 feet from the. ridgeline.�` • See Exhibit C and Exhibit D for graphical illustrations. C.( 4 Slid Greenway Engineering September 1, 2000 -Atlantic Industrial Rev. January 12, 2001 and Tech Center Positional coordinates sets following: SECTION AT MILBURN ROAD AT 50' EAST OF RIDGELINE Northing Eastin Elevation Northing Eastin Elevation 2 7131333.6 11593524.1 647.5 7131185.4 11593830.1 658.8 4 7131153.2 11593437.7 640.9 7130993.7 11593760.5 657.9 7 713880.4 11593318.0 631.5 7130699.3 11593680.9 655.7 11 7130515.6 11593148.8 622.1 7130331.8 11593559.6 652.4 15 7130151.5 11592982.2 607.5 7124916.9 11593489.7 648.0 19 7129790.7 11592810.6 614.0 7129473.6 11593462.5 651.7 22 7129519.3 11592682.9 614.0 7129102.5 11593569.9 655.8 To insure compliance all site development plans within the industrial park shall provide an analysis indicating conformance with the viewshed positional coordinate proffer. F.) Buffering 1.) Additional buffering and screening shall be provided along the zoning line of the western most zoning line of M1 and RA paralleling Milburn Road from Old Charles Town Road to the McCann property line Tax Map Parcel #44-A-29. The buffering shall be placed at a distance of approximately 50 feet from the zoning line and maintained in its natural condition. Landscaping, consisting of tall grasses, trees, small berming, and evergreens, will be placed adjacent to said setback buffer which will have a minimum height of 10 feet at maturity. This landscape will be planted in such a manner that an opaque buffering and screening will be fully developed at maturity. The buffering and screening at the time of installation will consist of a berm of 6' in height or more and a double row of evergreens planted 10' on center with a minimum height of 4'. Said screening and buffer may be modified to provide a greater amount of screening as stated above and shall be approved and made a part of any adjacent site plan submission. These additional screenings may include a variety of evergreens, dogwoods, crabapples, tall grasses, shrubs, or other trees. The said buffering will not prohibit development of infrastructures for such items as rail access, drainage, and utilities. 2.) An intense buffering and screening element will be provided along the northern property line of the proposed M1 zoning that is adjoining the residents along Old Charles Town Road. This buffering and screening will be provided adjacent to Tax Map Parcels #: i Greenway Engineering September 1, 2000 loid-Atlantic Industrial Rev. January 12, 2001 and Tech Center 44-A-147, 44-A-148, 44-A-149, 44-A-150, 44-A-151, 44-A-153, 44-A-154, 44- A-155, 44-A-156, 44-A-157, 44-A-158, 44C-2-A, 44C-2-B, 44C-2-D, 44-A-161, 44-A-162, 44-A-163, 44-A-164, 44-A-165, 44-A-166. This buffer will consist of landscaping as shown in Exhibit A attached to and made part of this proffer statement. The quantity and height of trees at time of planting is outlined below: Name Quantity per 200' Height Acer Saccaharum 3 2-2.5' Corpus Serica 8 18-24" Forsythia Intermedia 7 18-24"' Ilex Nellie Stevens 2 7-8' Lonicera fragmentissima 15 18-24" Malus 6 1.75-2" Pinus Nigra 3 8-10, Pinus Strobus 3 8-10, Quercus Shumardii 1 2-2.5' Viburnum Burkwoodi 7 18-24" Zelkova Serrata 1 2-2.5' Maintenance of the buffering as described in items 1 and 2 above will be the responsibility of the Mid -Atlantic Industrial and Tech Center Association. G.) Lighting Building mounted lights and pole -mounted lights will be of a downcast nature and shielded and directed away from adjacent properties surrounding the proposed project. Lighting plans will be submitted as a separate attachment for review and approval by the Frederick County Planning Department prior to installation. H.) Signage All freestanding signs shall be limited to 12 feet in height. I.) Loading Docks Loading docks will be oriented away from the northern property line of the proposed M1 zoning that is adjoining all parcels located on Old Charles Town Road. These parcels are listed as Tax Map Parcels #: 44-A-13 8, 44-A-13 9, 44-A-140, 44-A-141, 44-A-142, 44-A-143, 44-A-144, 44-A-145, 44-A-146, and those parcels included in Section G 6 Greenway Engineering September 1, 2000 �id-Atlantic Industrial Rev. January 12, 2001 and Tech Center J.) Stormwater Management/Best Management Practices Regional stormwater management will be implemented in natural low lying and ravine areas. Presediment fore bays in combination with any onsite stormwater management will be incorporated into the Master Development Plan and individual site plans. Additionally, as part of the overall stormwater management and water quality network, the applicant will institute best management practices, BMPs in the form of structural and non-structural practices. These BMP procedures will be prepared as outlined in the Northern Virginia BMP Ilandbook, A Guide to Planning and Designing Best Management Practices. K.) Industrial and Tech Center Covenants Industrial and Tech Center Covenants will be used to control, unify, and guide the following items but in no way will be limited to: • Lighting • Noise • Speakers • Trash disposal/screening • odors • prorata stormwater/best management practice L.) Recycling Proffer Recycling programs will be implemented with each Industrial and Tech Center user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. This program will be reviewed and approved by the Frederick County Recycling Coordinator prior to final occupancy permit. M.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application 4 04-00 is approved, and the property is subsequently developed within an MI, M2 zone, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ 20,000 for Frederick County Fire and Rescue This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid at the time of the first site plan submission. 7 Greenway Engineering September 1, 2000 Oid-Atlantic Industrial Rev. January 12, 2001 and Tech Center N.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Crider & Shockey, Inc. of West Virginia By: ", /- 410 J. ed hockey, Jr., President Date Commonwealth of Virginia, City/County of F(saooz t e,r-. To Wit: The foregoing instrument was acknowledged before me this l G-) day of JAQUA(.Y t 2001 by J S Notary Public My Commission Expires T EE6'2ZQA.12�/ 2-9, 7-Co4-- F`J Plant I ict lz-h,,, "L" ABB Botanic Name Common Name Plant Type Height Spread Notes AS Acer Saccaharum Sugar Maple Shade Tree 60-75' 40-50' Brilliant Yellow Orange Fall Color CS Cornus Serica Red Osier Dogwood Shrub 7-9' 10- Red Fall Color. Red Twigs in Winter FI Forsythia Intermedia Border Forsythia Shrub 10, 12 Extremely Hardy, Fast Growing and thick branching, Yellow Flowers in Spring INS Ilex Nellie Stevens Nellie Stevens Holly Evergreen Tree 15-25' 10, Thick Broadleaved Holly, Red Berries in Winter LF Lonicera fragmentissima Fragrant Honeysuckle Shrub 10-15' 10-15' Flowers March -Apnl Fast Growing thick branched and tough M Malus Crabapple Small Tree 10-15, 10, Spring Flower, reminder of orchard species t.) be selected PN Pinus Nigra Austrian Pine Evergreen Tree 50-60' 20-40' Hardy Evergreen. good screen tree PS Pinus Strobus White Pine Evergreen Tree 50-60' 20-40' Hardy Evergreen. good screen tree OS Quercus Shumardii Shumard Oak Shade Tree 60-70' 60-70' Red Fall Color, good substitute and hardier for Red Oak VB Viburnum Burkwoodi Burkwood Viburnum Shrub 8-10' 8-10' Red Fall Color, White Flower, Red Berries, Watch for drought ZS Zelkova Serrata Japanese Zelkova Shade Tree 50-80 50-80, Reddish Purple Fall Color, Tolerant to Drought, Elm Shaped EXHIBIT 44A" Landscape Screen Planting Schematic For Mid Atlantic Industrial and Tech Center Greenway Engineering and J Duggan Assoc. By: J. Duggan CLA ASLA Certified Landscape Architect p000531 Date: November 29,1000 Q Scale: As Shown 44-7-15 14 4-A-25 /DOTTED PORTION OF T.M. 44-A-31 PROFFERED AS A D.S.A EASEMENT CONTAINS 31.8 ACRES TO REMAIN ZONED RA. T.M. 44-A-29 T M. 44-A-294 SURJFCT PROPERTY M1 ZONE PART OF T.M. 44-A-31 = PART OF T.M. 44-A-292 = PART OF T M. 44-A-293 = TOTAL M 1 ZONE = 206.0 ACRES± C+ ' "R'*LRa40 T.M. 44-A-4a4 MILBURN ROAD RTE. 662 M2 ZONE 114.3 ACRES± 90.7 ACRES± 1.0 ACRE ± PART OF T M. 44-A-31 = 28.7 ACRES± PART OF T M. 44-A-292 = 133.4 ACRES± PART OF T.M. 44-A-293 = 35.9 ACRES± TOTAL M2 ZONE = 198.0 ACRES± ZONING PLAT OF A PORTION OF THE LAND OF �oRR/sates �Q /od N 1000 0 1000 OMNI GRAPHIC SCALE (IN FEET) CRIDER & SHOCKEY OF WEST VIRGINIA, INC. STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 1000' 1 DATE: DECEMBER 9, 2000 GREENWAY ENGINEERING 151 WoWy Hill Lane Engi wers Winchester, P-40da 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 E-mail' grmnmV@r at ;n rrmn TH pF U MARK D. SMITH No.002009 F2760 SHEET 1 OF 1 CEILING HEIGHT w111 lu 1- IL V v Q lL1 d \ t) \ Q 1 BU I LD I NCB ENVELOPE } 645 -r tIJ t 640 FY _a... _ 4 b35 i fl \ 630 \ I I7 r- _-_..�...,__ .__�._-.,......E v....r....-._ I ,. i, ....., ,, .•. ... ..+e4..«.. - .,-.j.. "p. 625 7. .n .t- 1 _ 0+00 1+00 2+00 3+00 4+00 5+00 6+00 -1+00 6+00 4+00 k74W 11+00 12+00 13+00 14+c GENTERL I N.E 2 OD DATE: 1/2/01 SCALE: 1' = 10' z DESIGNED BY: MDS JOB NO. 2760 SHEET 1- OF 1 � JJ� ABB Botanic Name Common Name Plant Type Height Spread Notes AS Acer Saccaharum Sugar Maple Shade Tree 60-75' 40-50' Brilliant Yellow Orange Fall Color CS Cornus Serica Red Osier Dogwood Shrub 7-9' 10- Red Fall Color, Red Twigs in Winter F Forsythia Intermedia Border Forsythia Shrub 10' 17 Extremely Hardy. Fast Growing and thick branching, Yellow Flowers in Spring INS Ilex Nellie Stevens Nellie Stevens Holly Evergreen Tree 15-25' 10, Thick Broadleaved Holly, Red Berries in Winter LF Lonicera fragmentissima Fragrant Honeysuckle Shrub 10-15' 10-15' Flowers March -Apnl Fast Growing thick branched and tough M Malus Crabapple Small Tree 10-15' 10, Spring Flower, reminder of orchard species to be selected PN Pinus Nigra Austrian Pine Evergreen Tree 50-60' 20-40' Hardy Evergreen good screen tree PS Pinus Strobus White Pine Evergreen Tree 50-60' 2C-40' Hardy Evergreen, good screen tree QS Quercus Shumardii Shumard Oak Shade Tree 60-70' 60-70' Red Fall Color , good substitute and hardier for Red Oak VB Viburnum Burkwoodi Burkwood Viburnum Shrub 8-10' 8-10, Red Fall Color, White Flower, Red Berries, Watch for drought ZS Zelkova Serrata Japanese Zelkova Shade Tree 50-80 50-80' Reddish Purple Fall Color, Tolerant to Drought, Elm Shaped EXHIBIT "'A" Landscape Screen Planting Schematic For Mid Atlantic Industrial and Tech Center Greenway Engineering and J Duggan Assoc. By J. Duggan CLA ASLA Certified Landscape Architect 9000531 Date: November 29,1000 Scale, As Shown �s� R R M��evrF s �qo qN Rs2 �q0 VIEWSHED PLAN VIEW PROFFER DATE: 1 /10/01MID-ATLASTNLUTECH CENTER H opt, OEALMAGISTRIAL DISTRICTSCALE:N AFREDERICK COUNTY, VIRGINIA f r GREENWAY ENGINEERING " MARK D. SMITH 151 WINDY HILL LANE o No.022837 Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 ASS,G~ Y FAX: (540) 722-9528 I�NAL Founded in 1971 www.greenwayeng.com EXHIBIT C AJ 77*N R C7 �o R a Nz 4�<_ n0� � mmm m O N ^ �J m r— rev X;�� T y r pe�Z rn -4cr 0 rn Z -<La :E «� Z Z ao cc f �� � �a vzvY Z5n" m �xxc�~ o x � c� >o=m J YOU'r��z n ar rn -3 [xj 655 CD 0) to650 ON mz 00 ,p O m / Cl� d 64� r N _ 03 � Z cn a 64G rn f 635 rn z a ~ 63G CEILING HEIGHT • BUILDING 655 � 650 ---- — - -- t t a _ x . ¢ p. } y .. _ .._ ..:....- i Y-- -- E p 625 Z 620� 0+00 a 1400 - °=�- - r Y 2 _. . _ 25 -- .�" _ ............ _F .-.-d-Y.- mul ... y 2.00 5-00 4+00 5.00 6.00 7+00 8+00 Q+00 10+00 ii•00 12+00 13.00 14.00 15+00 REZONING APPLICATION #04-00 MID -ATLANTIC INDUSTRIAL & TECH CENTER (Shockey Companies) PC REVIEW DATE: 11115100; 02/07/01 BOS REVIEW DATE: 06/12/01 (tabled); 08/07/01 Staff report remised to reflect July 25, 2001 Impact Analysis Statement and .hdy 30,2001 Proffer Statement addendums. PROPOSAL: To rezone 404 acres from RA (Rural Areas) District to M I (Light Industrial) District. LOCATION: This property is located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664). I-liatt's Run forms a major portion of the southern boundary of the subject site. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-31, 44-A-292, and 44-A-293 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant; Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District Use: Residential South: Zoned RA (Rural Areas) District Use: Residential; Vacant East: Zoned RA (Rural Areas) District Use: Residential; Vacant West: Zoned RA (Rural Areas) District Use: Residential; Vacant; Cemetery PROPOSED USE: Industrial and Technology Park • • NSW T�rORm9rb� Nr� Pro FFteS 0 0 Mid -Atlantic Industrial and Tech Center REZ 404-00 Page 2 August 2, 2001 REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached comment sheet from Homes- Coffman, dated 7-27- 2001. Fire Marshal: Further comment on site plan; plan approval recommended. Sanitation Authority: See attached memorandinn from Wellington H. Jones, P.L., Director, dated 7-30-2001. County Engineer: See attached letter from Harvey E. Sh•awsnyder, Director of Public Works, dated 9-25-2000. Parks & Recreation: The Conservation Casement may provide Frederick County with future recreational benefits as part of a linear park system. *Note: The conservation easement was eliminated from the proffer statement as a result in the change of the zoning line for this application; therefore, this continent is no longer applicable. Historic Resources Advisory Board: See letterfrom Evan A. Wyatt on behalf of the HRAB dated 1-I1- 01. County Attorney: Revised Proffer Dated (7-30-01) - In Section "B" language regarding access needs to be reflection of applicant paying for accesses outlined; in "B"(3) need to define what is "when warranted"; Section "G" needs to be specific regarding who will pay to provide buffering; Section "L" may not be enforceable as a proffer. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the three parcels which comprise the proposed rezoning as A-2 (Agricultural General) District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The three parcels which comprise the proposed rezoning are identified as tax map numbers 44-A- 31; 44-A-292; and 44-A-293. Frederick County approved a boundary line adjustment plat for parcel 44-A-31 on October 2, 2000. The boundary line adjustment between this parcel and parcel 44-A-29; owned by the McCann Land Trust, added an additional 176.95 acres to parcel 44-A-31. The cumulative acreage for the three parcels which comprise the proposed rezoning is 733.12 acres. The proposed rezoning application calls for a zoning change for 404 acres of this total to 0 0 Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 3 August 2, 2001 be zoned M-1 (Light Industrial) District. 2) Location The three parcels which comprise the proposed rezoning are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664); and on the east side of Milburn Road (Rt. 662). The parcels are located approximately % mile east of the intersection of Old Charles Town Road and Martinsburg Pike (Route 1 1 North). The three secondary routes are classified as local roads, and Martinsburg Pike is classified as an arterial roadway. The parcels are within the county's Sewer and Water Service Area (S WSA) and are a component of the Northeast Land Use Plan which was adopted by the Board of Supervisors on September 27, 2000. The parcels were also a component of the S WSA and the Route I I North Corridor Plan which was adopted by the Board of Supervisors on January 8, 1997. Both land use plans proposed future industrial development within the area of these parcels; as well as the provision of a Developmentally Sensitive Area (DSA) overlay as identified by the Frederick County - Winchester Battlefield Network Plan, to protect the Stephenson Depot Primary Area and the Milburn Road corridor linkage between Stephenson Depot and the Third Winchester battlefield. 3) Site Suitability The three parcels which comprise the proposed rezoning contain areas that are defined as woodlands, steep slope, floodplain, and wetlands. The majority of the defined environmental features are located in the vicinity of Fliatt's Run which forms a portion of the southern boundary of the 404 acres that are requested to be rezoned. The 404-acre portion that is requested to be zoned M-1 (Light Industrial) District contains some minor areas of steep slope in the northeastern area, while substantial areas of steep slope, as well as areas of floodplain, wetlands, and woodlands exist in the southern and western areas of this acreage. New information provided within the applicant's Impact Analysis Statement advises of an intent to minimize steep slope development impacts. Therefore, the applicant plans to limit disturbance to steep slopes of 15% and not encroach upon slopes up to 25% as currently permitted by County ordinance. 4) Potential Impacts and Issues a) Transportation: Impact Analysis Statement New information provided within the applicant's Impact Analysis Statement advises that traffic generation from the 404 acres requested to be rezoned will be limited to 6,000 vehicle trips per day on the existing road system. The Impact Analysis Statement refers to the applicant's Proffer Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 4 August 2, 2001 Statement to indicate what improvements will occur after the rezoned site generates 6,000 vehicle trips. The applicant conducted traffic count studies at Fort Collier Industrial Park and Stonewall Industrial Park in November 2000 to determine the vehicle trips per day (VPD) per acre generation of these industrial parks. The applicant's traffic study identified a range between 26.2 VPD and 26.9 VPD. The applicant has assumed a projected VPD of 26.2 which would yield 10,585 VPD for the development of 404 acres of land. ReWeit, Agencv Comment The Virginia Department of Transportation (VDOT) met with the applicant to review the methodology utilized for the traffic impact analysis. The new VDOT comment, dated 7/27/01, states that a review has been conducted of the revised transportation proffer and that VDOT agrees to the proposed work adjacent to the property and has no opposition to the additional proffers proposed by the applicant. Planning Staff Comment The new information within the applicant's traffic impact analysis does not provide current traffic count information for the impacted roadways; does not estimate the percentage of vehicle trips that will be tractor -trailer and normal vehicle; does not provide current and projected Level of Service (LOS) information for impacted roadways; nor does it account for projected turning movements at Martinsburg Pike. Furthermore, the applicant does not identify the road intersections that were counted as part of the Fort Collier Industrial Park study, or the frequency of the traffic counts conducted for each industrial park in November 2000. The 2000 Virginia Department of Transportation Daily Traffic Volumes Jurisdiction Report 34 indicates that the 2000 average annual weekday traffic (AAWDT) counts for Martinsburg Pike fi•om Interstate Exit 317 to Old Charles Town Road was 10,000 trips, and from Old Charles Town Road to Cedar Hill Road (Route 671) was 6,200 trips. The 2000 AAWDT for Old Charles Town Road from Martinsburg Pike to Stephenson Road was 2,500 trips. The applicant has estimated that the build -out of this acreage would generate 10,585 VPD; therefore, the projection would increase traffic on Old Charles Road by 424% of the current average daily traffic volume, and would increase traffic on Martinsburg Pike by at least 106% of the current average daily traffic volume. The projected square footage build -out of this acreage will significantly impact the existing road system within this area. These impacts may warrant traffic signalization on Old Charles Town Road and Martinsburg Pike; turn lanes on Old Charles Town Road and Martinsburg Pike; and the provision of additional travel lanes on Old Charles Town Road including the bridge crossing of the CSX railroad. Furthermore, the Northeast Land Use Plan calls for the provision of a new north -south collector road throughout the developed areas in the vicinity of the plan. Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 5 August 2, 2001 b) Water and Sewer: Impact AnaNsis Statement New information provided within the applicant's Impact Analysis Statement advises that the Frederick County Sanitation Authority has determined that on average, 1,000 gallons per acre per day is reasonable to use for water projections, while 500 gallons per acre per day is reasonable to use for sewer discharge projections. The applicant has projected that the development of 404 acres will result in water usage of 404,000 gallons per day and 202,000 gallons of service discharge per day. Revieii, AQencv Comment The Frederick County Sanitation Authority (FCSA) comment, dated 7/30/01, states that water facilities are available to meet the demands of the revised Impact Analysis Statement and that the acreage proposed for rezoning is ideally located for a transmission main to provide water service. The FCSA states that public sewer is not available to this acreage and would be required to be extended from existing facilities. The extension of public sewer to this acreage is recognized as enhancing the feasibility of providing this service to residents of the Stephenson area. Planning Staff Comment Staff contacted the FCSA prior to the commencement of the Northeast Land Use Plan process to discuss water and sewer capacity issues. Representatives of the FCSA advised staff to assume a 1,000 gallon -per -day -per -acre quantity to project potential water and sewer capacity needs for the planned area. Staff compared the current water and sewer use within the developed acreage of Fort Collier Industrial Park and Stonewall Industrial Park to determine which projection was more realistic. The data for water and sewer consumption within these industrial parks was provided by the FCSA which accounts for use from August 1999 to August 2000. The following tables provide the gallon -per -day -per -acre quantity for water and sewer use for each industrial park during this time period: Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 6 August 2, 2001 ExistiIg Industrial Park Water Use Name Total Developed Total Gallons of Total Gallons of Gallons/Day Acreage Acreage Water Used Between Water Per Day /Acre 8/99 - 8/00 Fort Collier 442 acres 370 acres 110,979,000 gallons 304,000 gpd 822 gpd/acre Stonewall 494 acres 205 acres 13,503,000 gallons 37,000 gpd 180 gpd/acre Existing Industrial Park Sewer Use Name Total Developed Total Gallons of' Total Gallons of Gallons/Day Acreage Acreage Sewer Generated Sewer Generated /Acre Between 8/99 - 8/00 Per Day Fort Collier 442 acres 370 acres 55,959,000 gallons 153,300 gpd 415 gpd/acre Stonewall 494 acres 205 acres 8,151,000 gallons 22,330 gpd 110 gpd/acre Based on existing water and sewer consumption patterns, it appears that the 1,000 gallon -per -acre per day projection that was utilized by staff during the Northeast Land Use Plan process is reasonable to consider for the applicant's water and sewer impact analysis. 0 Mid -Atlantic Industrial and Tech Center RBZ #04-00 Page 7 August 2, 2001 c) Historic Resources: I npact AnaNsis Stateinent The applicant has provided information which identifies Milburn Road (Route 662) and the Milburn Cemetery as historic resources which adjoin the western boundary of the three parcels that are proposed to be rezoned; and identifies the Samuel Byers House as a potentially significant historic resource that is located on the acreage that is proposed to be rezoned. Review Agency Comment The Frederick County Historic Resources Advisory Board (I-IRAB) primary comment, dated 1/11/01, recommends that the Planning Cominission and the Board of Supervisors deny the proposed rezoning application due to the fact that a significant percentage of this acreage is located within the core area of the Second Winchester Battlefield as identified by the 1992 National Park Service Study. Additionally, the entire acreage is located within the proposed Milburn Rural Historic District which has been determined to be eligible for the National Register of Historic Places. The HRAB secondary comment, dated 1/1 1/01, recommends that measures be taken to reduce the area to be rezoned to ensure that it is outside of the Second Winchester core area; to place conservation easements on all other land to the east and west of the reduced area; to not raze the Samuel Byers house unless agreed to by the Board of Supervisors; to allow for a Phase I Archeological Study to occur prior to any development; to not disturb any portion of the historic ridge line paralleling Milburn Road; and to orient loading docks and truck maneuvering areas away from Milburn Road. Planning Staff Comment Ivtaral Kalbian, consultant to the I-IRAB, advised the Planning staff of a potential Rural Historic District for the Milburn Road area. The boundaries of this area were established by Gray & Pape, Inc. as part of the Route 37 Phase I and II Cultural Resources Investigation. A map delineating these boundaries was presented to the I-IRAB and Ms. Kalbian advised the I-IRAB that the Department of Historic Resources (DI-IR) had recognized this area as being eligible for the National Register of Historic Places. Additional information from the 1992 National Park Service Study; Site Inventory Forms from the 1992 Abrams Creek-Redbud Run Archeological Survey; and the Frederick County Rural Landmarks Survey was evaluated by the HRAB during their January 8, 2001 meeting. Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 8 August 2, 2001 Staff contacted the local DHR office to discuss issues associated with the proposed Milburn Rural Historic District. Mr. David Edwards, Director, advised staff that the Route 37 Phase I and II Cultural Resources Investigation was a Section 106 requirement which affects what the Virginia Department of Transportation can do; however, it does not necessarily affect what a property owner can do, or what a locality can recommend. Mr. Edwards provided staff with a copy of the minutes from the National Register Evaluation Team meeting of June 5, 1997. The minutes indicate that the evaluation team concurred with Gray and Pape, Inc., that the Milburn Rural Historic District was eligible for the National Register of Historic Places. The evaluation team recommended that the Samuel Byers House was not eligible as a stand-alone structure; however, it would be considered one of the structures which comprised the cluster of resources within the Milburn Road Rural Historic District. The applicant's Impact Analysis Statement identifies that the CSX Railroad is situated to the west which may be used in the future to provide rail service in the requested rezoned area. Based on current property ownership, it appears that this future rail service access would come from the west, across Milburn Road, and into the requested rezoned area north of McCanns Road (Route 838). This rail access could potentially impact the integrity of the ridge line that parallels Milburn Road, as identified by the I-IRAB. Staff received copies of the Abrams Creek - Redbud Run Archaeological Survey site inventory reports from Warren Hofstra on October 31, 2000. The site inventory report indicates that a private cemetery consisting of at least 17 grave pits is located within the boundaries of the property owned by the applicant. The property owner should locate all grave pits and undertake the steps necessary to ensure the appropriate treatment of these features. (1) Solid Waste: Impact Analysis Statement The applicant has provided information wliich projects potential solid waste generation associated with the development of the 404 acres requested to be rezoned. This analysis utilizes an industrial waste calculator from Fairfax County. The calculator assumes a worst case scenario and does not account for recycling. The applicant has projected that the potential solid waste generation from this acreage would account for approximately 6,000-12,000 tons -per -year. Revieti>> Agency Comment The Department of Public Works (County Engineer) comment, dated 9/25/00, states that the estimated solid waste generation of 12,000 tons per year will significantly impact the County's solid waste program, increasing the cost to the landfill and utilizing available capacity. Mid -Atlantic Industrial and Tech Center REZ 404-00 Page 9 August 2, 2001 Planning Staff'Comment Staff met with the Director of Public Works to discuss issues associated with the County's solid waste program. The county landfill is designed to dispose of solid waste that is generated by residential, commercial, and industrial land uses within the municipal solid waste landfill (MS W); and to dispose of construction waste in the construction demolition debris landfill (CDD). The county has an anticipated MSW landfill life of 20 years, based on a 3% average annual increase in solid waste disposal. The Department of Public Works has filed an application with the Department of Environmental Quality (DEQ) to increase the permitted air space (vertical capacity) at the landfill. The amended permit to extend air space capacity would expand the landfill life by an additional 15-20 years. The DEQ will render a final decision regarding this application in July 2002. Based on existing development patterns in Fort Collier Industrial Park and Stonewall Industrial Park, it appears that the 6,000-ton-per-year solid waste generation is reasonable to consider for the applicant's solid waste impact analysis. This figure suggests that the build -out of the acreage requested to be rezoned would generate the average annual increase of solid waste disposal experienced by the county for a one-year period. e) Adjoining Properties: Impact AnaN is Statement The applicant has provided information which identifies a significant number of residential land uses along Old Charles Town Road and Stephenson Road. The impact analysis statement suggests using a 100-foot buffer and screen between all residential areas and the acreage requested to be rezoned to provide adequate distances between land uses; and to reduce impacts associated with noise, light, and odor. Planning Staff Comment The Zoning Ordinance requires a buffer and screen between land used for industrial purposes and residential purposes. The minimum buffer distance required by the county is 100 feet which requires the installation of a six -foot -high opaque screen such as an earth berm or a board -on- board fence, and landscaping which provides three evergreen and deciduous trees per ten linear feet. The developer is not permitted to situate structures within the 100-foot buffer distance; however, accessory uses such as parking lots and maneuvering areas can be located within the initial 25 feet. The adjoining properties along Old Charles Town Road which adjoin the 100-foot residential Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 10 August 2, 2001 buffer area may be impacted by future industrial land uses depending upon the structural height, the location and placement of signage and lighting fixtures, and the location of parking and maneuvering areas, primarily those areas used for tractor -trailer staging and loading. 5) Proffer Statement The applicant has submitted a revised proffer statement dated July 30, 2001 which has been signed by the property owner, notarized and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: • Prohibit specific land uses that are permitted in the M-1 (Light Industrial) District. (This is a new condition of the pl'offel' statement) • Provide improvements to Martinsburg Pike and Old Charles Town Road to include lane widening, right turn lanes, and the execution of a signalization agreement no later than the first certificate of occupancy permit. (This is a iie►v condition of the proffer statement.) • Prohibit road access along Milburn Road. • Limit of one commercial entrance on Old Charles Town Road to serve the acreage proposed to be rezoned. • Provide a second access on Stephenson Road for emergency access only. • Provide a second access to Martinsburg Pike or improve Old Charles Town Road to a three -lane urban section including bridge widening and turn lane improvements when the site generates more than 6,000 vehicle trips per day. (This is a crew condition of the proffer st(itement.) • Provide traffic signalization at the commercial entrance at Old Charles Town Road when warranted by VDOT. • Enter into a signalization agreement with VDOT for the provision of traffic signalization at the intersection of Martinsburg Pike and Old Charles Town Road. • Dedicate right-of-way to VDOT along existing roads adjacent to the property excluding Milburn Road unless agreed to by the Frederick County Board of Supervisors. • Undertake detailed traffic studies in accordance with VDOT guidelines when the site generates more than 6,000 vehicle trips per day every time a site development plan is prepared for the acreage proposed to be rezoned. The traffic studies will include link analysis and intersections associated with Old Charles Town Road, Martinsburg Pike, and the Interstate 81 Exit 317 interchange (Stephenson). (This is a new condition of the proffer statement.) • Omit detailed traffic studies for all areas except at a new collector road intersection with Martinsburg Pike and the Interstate 81 Exit 317 interchange (Stephenson) if a new collector road is constructed to connect with Martinsburg Pike. (This is a new condition of the proffer statement.) • Establish a pro-rata share limit of $50,000 for improvements to the Interstate 81 Exit 317 interchange (Stephenson). (This is a crew coitrlitioit of the proffer statement.) • Dedicate right-of-way and construct a new major collector road through the acreage to be rezoned as indicated in the Comprehensive Policy Plan. Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 11 August 2, 2001 • Provide the location for an at -grade crossing of a CSX rail spur with Milburn Road as indicated on an attached exhibit. (This is a new condition of the proffer statement.) • Establish a Developmentally Sensitive Area (DSA) casement that restricts industrial and commercial land use in perpetuity. • Reserve an easement to be dedicated to a Civil War interest group to establish an interpretive site as indicated on an attached exhibit. (This is a new condition of the proffer stateyrtenL) • Allow for the Samuel Byers House to be inventoried, cataloged, dismembered, and relocated by the county. • Establish a viewshed ceiling measured from the centerline of Milburn Road to limit structural heights within the acreage to be rezoned. A viewshed analysis will be undertaken during the review of individual site plans. • Provide a vegetative buffer along the western property line between Old Charles Town Road and the McCann property. Plant the vegetative material approximately 50 feet east of the ridge line which parallels Milburn Road. • Omit the vegetative buffer along Milburn Road in the area of the Civil War interpretive easement to allow for proper viewing. (This is a new condition of the proffer statentelrt.) • Provide a vegetative buffer along the northern property line which adjoins the residential land uses along Old Charles Town Road. Designate the 100-foot buffer distance as inactive to prohibit the development of structures, parking lots, and maneuvering areas. (This is a new condition of the pi'offei- state'ment.) • Ensure that building -mounted and pole -mounted lights are shielded and directed away from adjoining properties. • Limit freestanding business signs to 12 feet in height. • Orient loading docks away from the northern property line which adjoins the residential land uses along Old Charles Town Road. • Provide regional stormwater management utilizing best management practices. • Provide a monetary contribution to assist in the cost of sewer connection fees for the 44 residential lots which adjoin the applicant's property along Old Charles Town Road and Jordan Springs Road. This monetary contribution provides $2,500 for each of the 44 residential lots and is made payable to the Frederick County Sanitation Authority. (This is a new condition of the proffer statement.) • Provide easements to the Frederick County Sanitation Authority for the location of sewer lines to accommodate sewer connections to the 44 residential lots along Old Charles Town Road and Jordan Springs Road. (This is a new condition of the proffer st(itement.) • Limit the issuance of certificate of occupancy permits within the acreage to be rezoned until the Clearbrook Water Treatment Plant is on-line and serving the acreage. (This is a new condition of the proffer statement.) • Establish covenants for the Mid -Atlantic Industrial and Tech Center. • Establish recycling programs for each land use within the acreage to be rezoned to be reviewed and approved by the Frederick County Recycling Coordinator. • Provide a monetary contribution of $20,000 to the county to be utilized for fire and rescue services. Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 12 August 2, 2001 STAFF CONCLUSIONS: The 404-acre portion of the three parcels proposed for rezoning is located within the county's Sewer and Water Service Area; is within the portion of the Northeast Land Use Plan which recommends future industrial land use; is adjacent to the identified Developmentally Sensitive Area (DSA); contains a portion of the identified core area of Stephenson Depot; and is within an area recommended as a potential rural historic district which would qualify for the National Register of Historic Places. The Northeast Land Use Plan recommends that industrial land uses should only occur if impacted road systems function at a grade "C"level of service (LOS) or better; that industrial land uses be developed with public water and sewer service; and that industrial land uses should be adequately screened from adjoining land uses to mitigate visual and noise impacts. Staff has identified several issues based on comments received from various review agencies which involve impacts to the transportation system, water and sewer service, historic resources, the regional landfill, and adjoining properties. The applicant has submitted a proffer statement in an attempt to mitigate the issues identified by staff. Proffered conditions include the elimination of specific land uses; studies and improvements to the impacted road systems; the establishment of easements to preserve land areas and provide for Civil War interpretive opportunities; the provision of viewshed analysis to limit structural heights; the provision of buffer and screening elements adjacent to existing residential land uses and along Milburn Road; the provision of site design elements and covenants; the requirement for water service by the Clearbrook Water Plant prior to structural occupancy; the establishment of recycling programs with the County; and a monetary contribution for fire and rescue services and public sewer service for adjoining residential land uses. The development of an industrial park and technology center at this location will have an impact on existing residential land uses along Old Charles Town Road due to their proximity to this acreage, and could potentially have an impact to the viewshed associated with the historic Stephenson Depot area. The Frederick County -Winchester Battlefield Network Plan sets forth strategies for Stephenson Depot which include working with land owners to preserve key areas while allowing some development; ensuring that more intensive uses in the core area provide means to protect viewsheds as a part of their development plans; to use Milburn Road as a primary travel connection between Stephenson Depot and Third Winchester; and to work with landowners to preserve views along Milburn Road using buffers, vegetation and easements. Staff has identified several issues and impacts that are of concern with this rezoning proposal. These issues were identified during the initial staff report for the November 15, 2000 Planning Commission meeting. The applicant has revised the proffer statement for this rezoning proposal on three separate occasions to attempt to mitigate the issues and impacts identified by staff. The following provides a list of the issues and impacts identified by staff and a proffer statement section reference. This reference is provided to allow the Board of Supervisors to review the appropriate proffers to ascertain if they adequately mitigate the impacts associated with this 404-acre rezoning proposal: Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 13 August 2, 2001 Provide land owners on the north side of Old Charles Town Road with evergreen screening to reduce visual impacts and headlight glare in the proximity of the commercial entrance. Staff Comment: (The revised proffer statement does not offer measures to mitigate this impact.) Provide more specific information regarding off -site improvements to the impacted road system. Staff Comment: (The applicant offered Section 13(1) Initial Improvements; Section 13(2)(d) Access; and Section 13(5) Progressive Improvements of the proffer statement to attempt to address this comment.) Limit the access point on Stephenson Road to emergency access only. Staff Comment: ('The applicant offered Section 13(2)(c) Access of the proffer slalemenl to attempt to address this comment.) • Ensure that county officials are aware of, and are in agreement to, dedicated right-of-way areas along Milburn Road. Staff Comment: (The applicant offered Section 13(4) Right of Way Dedication of the proffer statement to attempt to address this comment.) • Provide for a new north -south collector road with sufficient right-of-way throughout the limits of the property. Staff Comment: (The applicant offered Section 13(6) Comprehensive Plan Road Construction of the proffer statement to attempt to address this comment.) • Delay development activities Until the new water treatment plant In the Clearbrook area Is on-line. Staff Comment: (The applicant offered Section All Water of the proffer statement to attempt to address this comment) • Conduct a detailed viewshed analysis along the north and west boundaries, and establish a maximum structural height overlay to minimize impacts to existing residential land uses and the viewshed from the Milburn Road corridor and Stephenson Depot. Staff Comment: (The applicant offered Section F Vieit,shed of the proffer statement to Mid -Atlantic Industrial and Tech Center REZ 404-00 Page 14 August 2, 2001 attempt to address this comment.) Identify the specific location of the proposed railroad spur to determine and attempt to minimize impacts to the Milburn Road corridor and the Stephenson Depot ridge line. Staff Comment: (The applicant offered Section B(7) Rail Spiir of the proffer statement to attempt to address this comment.) Provide additional buffer distance and screening methods against the existing residential land uses along Old Charles Town Road. Staff Comment: (The applicant offered Section G(2) Buffering of the proffer statement to attempt to address this comment.) Establish proffered design standards or restrictive covenants to require lower outdoor lighting fixtures, monument signs, strategic placement of loading and receiving bays, and more intensive landscaping than required by county ordinance. Staff Comment: (The applicant offered Section H Lighting; Section 1 Signage; Section J Loading Docks; Section N Industrial and Tech Center Covenants; and Section G(1) Buffering of the proffer statement to attempt to address this comment.) Prohibit building -mounted signs from facing Milburn Road for all land uses in the industrial park and technology center. Staff Comment: (The applicant offered Section F Viewshed of the proffer statement to attempt to address this comment.) Identify the land uses that would be permitted within the industrial park and technology center instead of those that would be prohibited. Staff Comment: (The revised proffer statement does not offer permitted asses.) Require all land uses within the industrial park and technology center to meet with the County's Recycling Coordinator to develop appropriate waste reduction, reuse, and recycling programs to reduce the amount of solid waste disposal that would be received by the MSW landfill. Staff Comment: (The applicant offered Section O Recycling Proffer of the proffer statement to attempt to address this comment.) • • Mid -Atlantic Industrial and Tech Center RBZ #04-00 Page 15 August 2, 2001 The applicant should be prepared to address how the July 30, 2001 proffer statement adequately mitigates the issues and impacts identified by staff in the italics; and address the two issues raised by staff that have not been incorporated into the revised proffer statement during the review of this application by the Board Of Supervisors. PLANNING COMMISSION SUMMARY & ACTION OF 02/02/01: The public hearing began with the Planning Staff's report and was immediately followed by the applicant's presentation. Next, a 45- minute time period was allowed for public comments in opposition to the rezoning and was followed by a 45-minute time period for public comments in support of the rezoning. The Chairman then called for persons who did not have an opportunity to speak at the previous public meeting, followed by adjoining property owners, and then lastly, those persons who had signed -in prior to the meeting to speak. Altogether, 18 persons spoke in opposition to the rezoning and 1 1 spoke in favor of the rezoning; four of the 18 persons who spoke in opposition stated that they were adjoining property owners. The numerous issues raised by those who spoke in Opposition included: the proposed rezoning conflicts with the intent of the Comprehensive Policy Plan; the incompatibility of industrial use and residential use; the negative effect on the area residents' quality of life and property investments; the destruction of the historic area, its viewshed, and character of the landscape; not taking advantage Of the Opportunities for tourism in the area; and lack of road capacity to handle the proposed industrial use. Other points made by those in opposition were: the County failed to recognize the boundaries of the Stephensons Depot Core Battlefield as recognized by the National Park Service and failed to incorporate the 1997 Milburn I-listor'iC Study in the Comprehensive Policy Plan; the County's fiscal impact model failed to consider costs and used outdated information; and an orchestrated effort was underway to distort the facts and mislead the public. One of the citizens submitted petitions with 2,800 signatures and 75 individually - written letters of opposition. Persons in favor of the proposed rezoning gave the following reasons for their support: the proposed rezoning was in conformance with the intent of the Comprehensive Policy Plan for the northeastern part Of the County; industrial growth was needed within the County to support the tax base for public services, infrastructure, and the quality of life for County residents; that if an industrial park resulted in the loss of millions of dollars, then no jurisdiction in the country would ever build them; controlled, balanced, and diversified growth was favored over no growth; the belief that industrial and residential uses were compatible; the need to provide a variety of sites in order to attract modern facilities as the manufacturing and industrial base changes in the future; the belief that if anyone was going to put an industrial park in the County, there was no better company than the Shockey Company to be good stewards of the Community; the Shockey Company has been an outstanding corporate citizen in the community for over 105 years and has constructed most of the major buildings in the community; and, the various on -site and off -site improvements the Shockey Company was willing to accomplish in conjunction with the project were mentioned. Other points made by those in favor were that the County needed to be realistic about what to expect from any one battlefield site, for example, in order to produce the number Of visitors needed to off -set industrial development, an enormous drain on the infrastructure of the County would Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 16 August 2, 2001 be created. It was also recognized there was a need for the community to discuss controversial issues civilly, t0 compromise, to respect differences of opinion, and to work for the best outcome. Following the public hearing, the Commission members discussed the issues of the proposed rezoning. Members of the Commission pointed out that this was a good site for transportation access, particularly because it had the "backbone" for transportation access that could be improved and fit to meet the needs of the area; the site contained rail access, good interstate access, and access to major collector roads. Commissioners agreed improvements would need to be made to transportation facilities, but the developer had agreed to pay for those improvements. Members stated that it will be the County's responsibility to make sure, at the master development plan and site planning stages, that impacts are assessed and the developer comes forward with methods to mitigate the impacts and protect the interests of the local residents. Regarding the environmental issues, it was pointed out that many environmental regulations of federal and state government agencies, such as the CPA (Environmental Protection Agency) and the DEQ (Department of Environmental Quality), spend considerable time assessing and monitoring environmental conditions so that standards are met. It was pointed Out that the applicant has included recycling in the proffer statement and will be responsible for landfill costs; in addition, water and wastewater access are user -funded. Regarding historical preservation, the applicant has agreed to preserve 30 acres of the site. Lastly, was the Commission's belief in the need for balanced development and a diversified revenue stream, including industrial development, tourism, and agriculture, in order to sustain both growth and the County's well-being. In conclusion, Commissioners found consistency of the rezoning with the Comprehensive Policy Plan and found no overwhelming basis in which to deny the rezoning. The Planning Commission recommended approval of the rezoning, by a majority vote, with the stipulation that all review agency comments are complied with. The vote was as follows: YES (TO APPROVE): Unger, Morris, Del-Iaven, Wilson, Thomas, Ours, Miller, Kriz, Fisher NO: Light (Commissioner John Marker was absent from the meeting.) 0 \.\gcndas\CO\i\IENTS\RF/ONING\Staff Rcport\2001Ufid-Atlantic Industrial_Tcch Or REZ_Ju1y70,2001.wpd / '� Dinnt I ict c,,,.,,-- 'A., ABB Botanic Name Common Name Plant 'ype Height Spread Notes AS Acer Saccaharum Sugar Maple Shade Tree 60-75' 40-50' Brilliant Yellow Crange Fall Color CS Cornus Serica Red Osier Dogwood Shrub 7-9' 10- Red Fall Color, Red Twigs in Winter FI Forsythia Intermedia Border Forsythia Shrub 10, 17 Extremely Hardy Fast Growing and thick branching. Yellow Flowers in Spring INS Ilex Nellie Stevens Nellie Stevens Holly Evergreen Tree 15-25' 10, Thick Broadleaved Holly, Red Berries in W-nter LF Lonicera fragmentissima Fragrant Honeysuckle Shrub 1 &15' 10-15, Flowers March -Apnl Fast Growing thick branched and tough M Malus Crabapple Small Tree 10-15, 10, Spring Flower, reminder of orchard species to be selected PIN Pinus Nigra Austrian Pine Evergreen Tree 50-60' 20-40' Hardy Evergreen good screen tree PS Pinus Strobus White Pine Evergreen Tree 50-60' 20-40' Hardy Evergreen. good screen tree QS Quercus Shumardii Shumard Oak Shade Tree 60-70' 60-70' Red Fall Color, good substitute and hardie- for Red Oak VB Viburnum Burkwoodi Burkwood Viburnum Shrub 8-10, 8-10, Red Fall Color, White Flower, Red Berries, Watch for drought ZS Zelkova Serrata Japanese Zelkova Shade Tree 50-80 50-80, Reddish Purple Fall Color, Tolerant to Drought, Elm Shaped EXHIBIT «A" Landscape Screen Planting Schematic For Mid Atlantic Industrial and Tech Center Greenway Engineering and J Duggan Assoc. By J. Duggan CLA ASLA Certified Landscape Architect #000531 Date November 29,1000 Scale. As Shown Mrs. Julie Wilmot Economic Development Comm 45 E. Boscawen Street Winchester, VA 22601 i Mrs. June Wilmot Economic Development Comm. 45 E. Boscawen Street Winchester, VA 22601 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 C�'0'1,,u.s. POsracE H METER 7ingJ3 w 44 - A- - 294- LL+ o 0 HOLY TRINITY MISSION SEMINARY \ o N w *.ems. PO BOX B STEPHENSON, VA. 22 / Wj co 0 z W Q LL- o H 14 J ,�„� • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/678-0632 I Icirmc.-ovi im Or PUBS IC r EARING January 24, 2001 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #04-00 OF MID -ATLANTIC INDUSTRIAL & TECH CENTER (SHOCKEY INDUSTRIES) On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on February 7, 2001 at 7:00 p.m. at the James Wood Middle School on Amherst Street, Winchester, Virginia to consider the following: Rezoning #04-00 of Mid -Atlantic Industrial & Tech Center (continued from 11-15-00), submitted by Greenway Engineering on behalf of Shockey Industries, to rezone 206 acres from RA (Rural Areas) to Ml (Light Industrial), and 198 acres from RA (Rural Areas) to M2 (Industrial General).This property is located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664) and is identified with Property Identification Numbers 44-A-31, 44-A-292, and 44-A-293 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Evan A. Wyatt Deputy Director EAW/ch A: 100I W id -Ad amic_RE7.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 RECEIVED �V-III- Z �A ?0 o v Q c oqo: ogFs J AN 2 6 2001 ��A/0 4f, %T fps �' �•'V�R��SFQ /9�� PIANNINGIOEVELOPMENi 'S DEPT.OF .Y%F 44 - A- - 294- HOLj TRINITY_ MISSION SEMINARY PO BOX 8> STEP_HPNSON, VA. 22656.0008 U.S- POSTAGE H METER r i443 )3 0 COUNTY of FREDE I CK Department of Planning and Development 5,10/665-5651 FAX: S 40/678-0632 I OTIFir,XV1OI I Or POIBL 1C F EARIINIG January 24, 2001 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #04-00 OF MID -ATLANTIC INDUSTRIAL & TECIi CENTER (SHOCKEY INDUSTRIES) On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on February 7, 2001 at 7:00 p.m. at the James Wood Middle School on Amherst Street, Winchester, Virginia to consider the following: Rezoning #04-00 of Mid -Atlantic Industrial & Tech Center (continued from 11-15-00), submitted by Greenway Engineering on behalf of Shockey Industries, to rezone 206 acres from RA (Rural Areas) to MI (Light Industrial), and 198 acres from RA (Rural Areas) to M2 (Industrial General).This property is located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664) and is identified with Property Identification Numbers 44-A-31, 44-A-292, and 44-A-293 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be -available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Evan A. Wyatt Deputy Director EAW/ch A:\2001titid-At1w1ic_RGZ wpd 107 North bent Street • Winchester, Virginia 22601-5000 Q 4 4 44-7-15 14 c. S�-= �i�cROAo T.M. 44-A-25 T.M. 44-A-4a4 _ MILBURN ROAD RTE. 662 0 DOTTED PORTION -A-31 OF T.M. 44 PROFFERED AS A '•' '.�{ II'tj�7 i{ I €1({iI{}1li"I}}}i� (i{4i}I}£r } { r}(,�{# {I�� t�� } �; -1 D.SA EASEMENT • s.grytits{}, F t { Sf S £ £rr{3} t# ,{frs , iifat tt}J }{£31u � ,ilsti�3tt�Ii£i}iir{' � p CONTAINS 31.8 ACRES (i1r�#�}f,rlrfli 'r }�}'i `€{) I' , r r tp it t £ s, i , fi�f i�t TO REMAIN ZONED RA i ft i{ j I!(} ss t,(tr slll(I s st i ttt 3 i s s ; p( r CL �,tt tf r, fts,t7 {t-,?I r 7 q(, I _ t{, 1 £ it } r £{i it} Sit€4; E(f(( ►, T.M. 44-A-29 ,£ ; (� E}if#»;} S{� }I �ft#trssft F� iUt � r1ls' jsf ££t } r£s{}fit {i}}il,}iit; {{t!t t 3 t }i t} #£ ,p t Stott itt'{ i }k��r #,iil #jil EEt}t>rta rlrztfr}{ IS ................tlQlz t' t6s r {f,t O � , f)(r(Ir i} tf Str�s pis £}y , Df # {ti<€�i�r }f}itf,�ivi}litFEr#f ttf }{3 ti}Iir ot}ti }}sr. {7 }} t € f�,1}!,t , ji: prIEt r t{.. tf ti#}slf£ { Iltt�t E Z i{ € 44(ll �13�£t1 Ailif}� iii s(I� 1�6� 0 3 i s f = }trA}f r{ r j4i{£litfl {� N N p ra r i� Ly d } Will'{ I,11(l,trtfi { o f{ tt J (] £ 33 Q {s 7 tj4 �i •rtj I t i t� t } it , a{£t3£j i1t€i,l} Qz m t"��•�.jr}art$'{€iF£;:.�,i.�.£„�., rls �* T.M. 44-A-294 T PROPERTY M1 ZONE PART OF TM, 44-A-31 = PART OF T.M. 44 -A-292 = PART OF TM, 44-A-293 = TOTAL M 1 ZONE = 206.0 ACRES± M2 ZONE 114.3 ACRES± 90.7 ACRES± 1.0 ACRE ± PART OF T.M. 44-A-31 = 28.7 ACRES± PART OF T.M. 44 A-292 = 35.9 ACRES± PART OF TM. 44-A-293 = 133.4 ACRES+ TOTAL M2 ZONE = 198.0 ACRES± ZONING PLAT OF A PORTION OF THE LAND OF tlpRR1xs, 29 1000 0 1000 GRAPHIC SCALE (IN FEET) CRIDER & SHOCKEY, INC. OF WEST VIRGINIA STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 1000, 1 DATE: DECEMBER 9, 2000 GREENWAY ENGINEERING 151 Wwdy Hit' Lane Engineers i; =hejw,, Vrrgi= 22602 sU&-JM Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 E-mail gmmvay@a ►+&w11&Lkcom -,I,TH OF 7j o MARK D. SMITH No.002009 F2700 SHEET 1 OF 1 EXHIBIT 0 0 2 0 Iz— 4-A-25 /DOTTED PORTION OF T.M. 44-A-31 PROFFERED AS A D.S.A EASEMENT CONTAINS 31.8 ACRES TO REMAIN ZONED RA. T.M. 44-A-29 c� R0,4D T.Y. 44-A-4Q4 MILBURN ROAO RTE. 662 PROPOSE M2 ZONING i)I13,TRJCT 193 ACRE ± O N � 44-7-15 o q O 1 14 TM. 44-A-294 OO /4D SVL3, jE: T PROPERTY '�OiQR7 M 1 ZONE ,Qj SANS R PART OF T.M. 44-A-31 = 114.3 ACRES± PART OF T.M. 44-A-292 = 90.7 ACRES± PART OF T.M. 44 -A-293 = 1.0 ACRE ± TOTAL M 1 ZONE = 206.0 ACRES± M2 ZONE PART OF T.M. 44-A-31 = 28.7 ACRES± ���' 1000 0 1000 PART OF T.M. 44 -A -292 = 133.4 ACRES± PART OF T.M. 44-A-293 = 35.9 ACRES± TOTAL M2 ZONE = 198.0 ACRES± GRAPHIC SCALE (IN FEET) ZONING PLAT OF A PORTION OF THE LAND OF CRIDER & SHOCKEY OF WEST VIRGINIA, INC. STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 1000' 1 DATE: DECEMBER 9, 2000 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Wrncheiter, Vpginia 22602 Surveyors Telephone (540) 662-4185 FAX.- (340) 722-9528 IFounded to 1971 E-rnaik grtenway@) 11ink.com �TH OF �e U MARK D. SMITH No.002009 F2760 SHEET 1 OF 1 "HIBIT B O N � titi n ti = -m m. CO)N 0 o z C O -' m v �o .; VIEWSHED PLAN VIEW PROFFER DATE: 1/10/01 MID-ATLANTICSTOiE INDUSTRIAL MAGISTE& TECH DISTCT ENTER N TH OFtr FREDERICK COUNTY VIRGINIA SCALE:N/A GREENWAY ENGINEERING U MARK D. SMITH No.022837 151 WINDY HILL LANE �v Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 �SS10 Al, FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com EXHIBIT C A � I r a G �Znm m m 1C (D m>Zx o cD 70r-dv 7;M o>--3D m og�tz Z 4 < p � -4Mrm Z<r-3 - t-5- S MO-3 z�0aXC coo n m J_ �/� cnviz -� ��o�xrn 655 O 645 d aCD ,p C] y/ w --- --- �N 0 n a W W Y Z 0 Q UW LPL m 0 cc O Z 0 '^ 0 r YJ T r 640 _----__.—_----_._. m1--+ 635 --------------- m z--, a Z 620 - O•CO I+00 CEILING HEIGHT BUILDING_ _ __ 655 —_.------------------------------:—__—_—_—.645 _—______---------- __640 650 ---------------�.��.---..---------------'------------ 635 ___---- —— — —__----_--------—__---_ ------- _--- --------^—, 625 2-00 5-00 4.00 5400 6.00 1+00 5+00 9+Op 104W 11-00 12+00 13.00 14.00 15.00 OUTPUT MODULE APPLICANT: PIN 44-A-31; 292; 293 Net Fiscal Impact LAND USE TYPE Industrial Costs of Impact Credit: Credits to be Take REAL EST VAL S744,650,000 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 1 CaWal Eacil1He5 col sum only) QRerSaREquip ExpendlDept-5. Taxes, _Other Fire and Rescue Department $3,884,744 Elementary Schools $0 Middle Schools $0 SO $0 High Schools $0 Parks and Recreation SO SO Public Library SO SO Sheriffs Offices SO S236,834 SO SO Administration Building $0 SO Other Miscellaneous Facilities SO $2,745,723 $552,517 SUBTOTAL $3,884,744 $2,982,557 $552,517 SO LESS: NET FISCAL IMPACT $131,794,287 NET CAP. FACILITIES IMPACT Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per (Unadjusted) Cost&alance Facilities Impact Dwelling Unit SO SO $3,884,744 ERR $0 SO SO ERR SO $0 SO ERR SO SO SO ERR $236,834 S236,834 $0 ERR SO SO SO ERR $3,298,239 $3,298,239 $0 ERR $3,535,073 S3,535,073 $349,670 ERR $131,794,287 S131,794.287 ($131.7942871 ERR 0 ERR INDEX: "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.433 METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for"percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up fronL Credits do include interest if the projects are debt financed. NOTES: P.I.N. 44-A-31; 292; 293 Rezoning: Assumes 4,108,500 sq.ft development on 208 acres zoned M1 District & 3,338,000 sq.ft. development on 239 acres zoned M2 District Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. IMPACT STATEMENT LAND OF MID -ATLANTIC INDUSTRIAL & TECH CENTER REZONING APPLICATION SEPT-EMBER 1, 2000 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering September 1, 2000 Shockey Rezoning MID -ATLANTIC INDUSTRIAL & TECH CENTER INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of a 447-acre parcel owned by Crider & Shockey of West Virginia. The subject site, tax parcels 44-A-31, 44-A-292, 44-A-293, is located east of Route 662 (Milburn Road), south of Route 761 (Old Charles Town Road), and southwest of Route 664 (Jordan Springs Road). A CSX Railroad line lies to the west of the property and a small distance further west is Route 11 (Martinsburg Pike). The current zoning is RA. Crider & Shockey proposes to rezone 208 acres to light industrial (Ml) and 239 acres to general industrial (M2) in order to create an Industrial Park. The proposed zone line is shown on a zoning plat prepared by Mark D. Smith, P.E., L.S., dated September 8,2000. COMPREHENSIVE PLAN The site is being proposed to be developed in conformance with the Comprehensive Plan, Northeast Land Use Study. Within the limits of the study, the property will consist of industrial and residential development. There is also an area designated as a Developmentally Sensitive Area (DSA) along Milburn Road. With this proposed rezoning, we are establishing restrictions in the DSA area and following the industrial and residential areas as outlined in the Northeast Land Use Study. SITE SUITABILITY Access The subject property is strategically located 1 / 2 mile east of US Route 11 (Martinsburg Pike) and south of Route 761 (Old Charles Town Road). Access to the site is proposed off Route 761. Route 662 (Milburn Road) and the CSX Railroad run along the western side of the property. An I-81 interchange (the Stephenson exit) is within 1.5 miles from the proposed site access point. No industrial access along Milburn Road is proposed. Flood Plains The subject site is located on FEMA NFIP map # 510063-0110-B. Most of the site is located within a "ZONE C" area. "Hiatt's Run", which is in a 100-year flood plain, is classified as a "Zone A" area and runs through the southern and western portion of the property. The developable portions of the site are outside the 100-year flood plain. Wetlands Soil types on the property are well drained. Predominantly, there are gentle slopes. However, there are some steep slopes, especially in the immediate area on Hiatt's Run. There are also 6 Greenway Engineering September 1, 2000 Shockey Rezoning small man-made farm ponds that fill after rainstorms and feed "fingers" into Hiatt's Run, which naturally drains the site to the east. In addition, the National Wetlands Inventory Map indicates wetlands in these 6 ponding areas. By scale, these areas have an approximate surface area of 4 acres. Any disturbance of these pond areas will be in conformance with all Corps of Engineers permitting procedures. Mature Woodlands The subject site is predominantly open fields, with some mature scrub areas, and trees along fence lines. The acreage may be developed under the proposed zonings and still easily meet the zoning ordnance requirement of no more than 25% disturbed trees. Soil Types Information for soil types on this site has been obtained from the Soil Survey of Frederick County by the USDS Soil Conservation Service. The subject site is located on map sheet nos. 24 and 25, and contains four different soil types: Berks-Channery Loam covers approximately 30% of site Weikert-Berks Channery Loam covers approximately 50% of site Clearbrook Channery Loam covers approximately 15% of site Frederick-Poplimento Loam with rock outcropping covers approximately 5% of site Prime Agricultural Soils All of the aforementioned soils do not support crops without fertilization, liming, and soil management. They do support pasture for livestock and hay cultivation if there is adequate rainfall. Weikert-Berks loam soils are listed as moderately to poorly suited for pasture and hay cultivation. Steep Slopes - 15% and Greater There are steep slopes 15% or greater on approximately 25% of the subject site. Most of the area is drainage for Hiatt's Run. Some areas are for drainage into fingers which feed Hiatt's run. Development should not disturb more than 25% of these slopes. The predominant feature on the site is gentle sloping fields. Construction Concerns Shrink swell characteristics of the predominate soils are listed as low and therefore, will not be a major construction consideration. Depth of shale bedrock will average 30" on most of the site. There are limestone outcroppings on the western boundary of the site. Therefore, rock excavation for utilities, grading, and building pads could be a major consideration for construction and development. 2 Greenway Engineering September 1, 2000 Shockey Rezoning SURROUNDING PROPERTIES • The subject site is bounded on the north by Route 761 (Old Charles Town Road) and Route 664 (Jordan Springs Road). There are ±60 single dwelling lots on this boundary. Buffering per zoning requirements require 100' total buffer with tree screen. This will be required on houses along Route 761. • For dwellings along Route 664, future residential development is planned. Therefore, the requested boundary of M1/M2 rezoning parallel to Route 664 shall also have a buffer of 100' with tree screening to protect future residences. • The site is bounded on the east and south by agricultural pastureland that requires buffering. • The northwest portion of the site is bordered by Route 662 (Milburn Road) and a corner of Milburn Cemetery that has historical entries. • To the west and parallel to Route 662 (Milburn Road), there is also the CSX Railroad which may be used in the future to provide rail service in the requested rezoned area. A minimum 100' buffer with screen will be required between all rezoned property and residential areas. This will insure adequate distances between new buildings and existing residences to reduce to negligible levels the impact of noise, light, or odors on neighboring lots generated by business on the subject site within the proposed zonings. TRAFFIC IMPACT This traffic impact for this proposed site can be expressed by calculating the average vehicle trip ends generated by the proposed rezoning on 447 acres to 208 acres of M1 (Light Industrial District) and 239 acres of M2 (Industrial General District). These two zoning districts create an Industrial and Tech Park with a mix of manufacturing, warehousing and technical industries of different sizes. The exact mix and size of industries will be determined and approved as buildout occurs. • Engineering estimate of developable land M1 District —166 f acres M2 District —119 ± acres Total 285 f acres • Maximum Business and Industrial Intensity (per Frederick County Zoning Codes) M 1 District — 24,750 sf/acre (sf Structure/Acre) M2 District — 28,050 sf/acre (sf Structure/Acre) Greemvay Engineering September 1, 2000 Shockey Rezoning For M1 — 24,750 (166) = 4,108,500 sf Structure For M2 — 28,050 (119) = 3,338,000 sf Structure Total 7,446,500 sf Structure Maximum • From the Institute of Traffic Engineers Trip Generation Manual, 6`" edition, volume 1 Land Use: Industrial Park (130) Peak Hour: Between 4pm — 6pm on Weekday At 100% Buildout (Maximum): Adjacent street traffic — (0.92 Average trips) (7447) = 6851 trips 1000 sf Site generated traffic — (0.86 Average trips) (7447) = 6404 trips 1000 sf At 50% Buildout (Practical) Adjacent street traffic — (0.92 Average trips) (3723) = 3425 trips 1000 sf Site generated traffic — (0.86 Average trips) (3723) = 3203 trips 1000 sf Land Use: Industrial Park (130) Average Vehicle Trip Ends At Practical Buildout: 3,723,250 sf (6.96) = 25,914 VPD 1000 sf It can be assumed that the present agricultural use of the subject site contributes negligible vehicle trip ends to the exiting roadway system. Route 761 (Old Charles Town Road) will be the means of ingress and egress to the subject site and will route most of the increased traffic west to Route 11 (Martinsburg Pike). By proffer, improvements to Route 761 (Old Charles Town Road) and Route 11 (Martinsburg Pike) will be contracted in cooperation with and according to VDOT requirements at such time as the traffic growth of the Park is projected to exceed a service level of C. All site plans must be submitted to VDOT for review and approval. WATER SUPPLY The maximum design consumption for the subject site may be calculated as follows: Water consumption for a commercial/industrial site - Greenway Engineering September 1, 2000 Shockey Rezoning *Q = 3500 — 7500 gpd/acre say Q = 5000 gpd/acre for M1/M2 Q max = 5000 gpd X 447 acres = 2,350,000 gpd * From the City of Harrisonburg Design and Construction Manual Table 4-2 Therefore, the maximum water usage for the subject site is 2,350,000 gpd. There is an existing 10" diameter water main along Martinsburg Pike that services the Stonewall District. SEWAGE CONVEYANCE AND TREATMENT The subject site is within the southeastern portion of the Sewer and Water Service Area (SWSA). Based on water consumption at full buildout, the proposed zoning will add 2,350,000 gpd to the public sewage conveyance system and the Opequon Waste Water Treatment Facility. DRAINAGE Currently, the runoff from approximately 447 acres drains into fingers, natural streams, and drainage ditches. These conveyances flow into Hiatt's Run which flows east and off the site. The following calculations estimate the current and proposed storm water runoff for a ten-year flow: Q=CIA Existing C = 0.30 (pasture) I i o = 5.1 in/hr (15 min) A = 447 acres Qio = 684 cfs Reference-VDOT Drainage Manual Proposed C = 0.90 (commercial) I i o = 5.5 in/hr (10 min) A = 447 acres Q i o = 2212 cfs Development of the subject site at maximum buildout will therefore result in an increased runoff of 1528 cfs. A detailed stormwater evaluation shall be included with any site plan submittals. When development of the site requires it, detention ponds and/or sediment traps will be built to control storm water discharge into the above referenced streams and Hiatt's Run. By controlling runoff of the site, the impact of developing the subject site on Hiatt's Run will be within acceptable limits. Greenway Engineering September 1, 2000 Shockey Rezoning SOLID WASTE DISPOSAL Using Fairfax County design requirements, the following calculations were made to estimate the maximum impact of solid waste generated by the proposed rezoning of the subject site. At 100% buildout of 7,447,000 sf Building Industrial waste generated rate = 3210 lb 1000 sf/yr Total solid waste = 7,447,000 sf X 3210 lb 1000 sf/yr Maximum total solid waste = 11,952 tons/year At 50% buildout of 3,723,500 sf BuildiriR Industrial waste generated rate = 3210 lb 1000 sf/yr Total solid waste = 3,723,500 sf X 3210 lb 1000 sf/yr Total solid waste at 50% = 5976 tons/year It should be emphasized that the above calculations do not include any recycling by industry. Most industries recycle a large percentage of their waste stream due to economics and cooperation with local landfill authorities. Therefore, the above calculations are generally conservative and indicate a "worst -case scenario' of maximum impact for solid waste generation. HISTORIC SITES AND STRUCTURES Route 662, Milburn Road, boundaries the western portion of the site. Also, one corner of Milburn Cemetery is on the western boundary of the site. These two entities lie within a DSA as defined by the Northeast Land Use Study of the Frederick County Planning Department. The Samuel Byers House, File #34-1124, is located in the approximate center of the site. This site and house may be considered significant by the Historic Resources Advisory Board. COMMUNITY FACILITIES The impact on the utilities and infrastructure near the site has been estimated by the Frederick County Capital Facilities Impact Model. Please refer to Appendix 3. OTHER IMPACTS No additional impacts are foreseen by the proffered development of the subject site. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff, Zoning Amendment Number_ PC.HearingData it-15-00 nii-nn Fee Amount Paid. S 16, 245.00 .:Date Received. 10-17-00 BOS Hearink Date 12-13-00 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: (�,R&E JOAV Telephone: (D ,g Z -4 t B/:; Address: S w( iv0 W L 2. Property Owner (if different than above) Name: S L !CY_Le DUSTY° ((�-S Telephone: 6 („ ]- -j % O U Address: P0 60 X 25 30 �/A Z Zoo Oq- 3. Contact person if other than above Name: ER. (DUtJA(,D 54r-E `/ Telephone: 0- -770 O 4. Checklist: Check the following items that have been included with this application. Location map V Agency Comments Plat Fees Deed to property Impact Analysis Statement —7 Verification of taxes paid L/ Proffer Statement 11 S. 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: S �bG� � �/ ZN 17USTi2 I Ir S 6. A) Current Use of the Property: RA - A6 B) Proposed Use of the Property% HI — LIG14-F Z-tiIDUST2 1 AL M2 '6&C[z-AL 17MDUS-Fe AL, , 7. Adjoining Property: PARCEL ID NUMBER USE ZONING DEL LIST aC AloJOIOW& ?ROP"-FV 0 Jiv tS 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): 11114e, `} eo PE2l/ Lam--Lo FAST of Y-ME (A C.I�MIL3UVW (?OAP)) OT-H 0-e M 701 (OLD CtA2LE STOWO P6AC7�AAJ(J u/CG-F O F (-Te- & (obi' �JO e f-)A,iJ �e we5 120A D� fl t ITT /S R O Qe-MS A MA k Z Ike-100 oG -ML sSPTQICCIIJ I9QU�JD4k Y OP T�I c sual ecr S I"rc 12 .Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 44-A-31, 44--A-Zct2 44-A-ZP3 Districts Magisterial: 5-iWFwALJ- Dl5 p lC7 High School: J M4-5 WcoQ i4t&t4 � I-kzL Fire Service: Middle School: F��DE:e�� �, CCI� ►'� l i�`G��oL Rescue Service: Elementary School:pn1Ec,JAI E�(.ENiEA1,2 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested ZD'8 SA M I `2 3q RA 12-- Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Single Family homes: Non -Residential Lots: Office: Retail: Restaurant: Number of Units Proposed Townhome: Nfobile Home: Square Footage of Proposed Uses 13 Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse: Other: 411 o& _ , — M A4(o� o 5F ► OT 12. 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. PP()• licant s " "V Date: kn A 2 K - i7 , Ljl�A Date: Owner(s): Date: &Wou, Date: 14 FINAL PLAT FOR BOUNDA"'Nr4-�'bWA13JUSTMENT AND MINOR RURAL SUBDIVISION OF THE LANDS OF McCANN LAND TRUST STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SEPTEMBER-22, 2000 sf Rte. 781Old Charlestown ce Rye. . . . . . Rte. 781 .... ....... . . . . . . .... . . . .... . . . . . . .. ...... .... ... ... ...... ..... . ...... ..... 317 VICINITY MAP I" = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS H. K. BENHAM, 111, TRUSTEE OF THE McCANN LAND TRUST, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OfTHE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. 2 --H COMMONWEALTH OF VIffGINI CITY / GGt*Mr OF TO WIT: THE FAREPOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS -Z DAY OF A, 2000 BY 71 oo NOTARY PUBUI MY COMMISSION EXPIRES a_aI SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT AND MINOR RURAL SUBDIVISION SURVEY IS (i) A PORTION OF "TRACT ON (ii OF "TRACT TWO", AND (iii) ALL OF "TRACT THREE" CONVEYED TO H. . BEN 11, TR STEE OF THE McCANN LAND TRUST BY DEED DATED JULY 10, 1988 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 697 AT PAGE 137. MARK D. SMITH, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION T.M. 4*-A-31 DB 697 PG 137-TRACT THREE 96.2884 ACRES ZONE: RA USE: AGRI. T.M. 44-A-29 DB 697 PG 137-TRACT TWO 272.9345 ACRES ZONE: RA USE: AGRI. T.M. 44-A-40 DB 697 PG 137-TRACT ONE 141.17 ACRES± ZONE: RA USE: AGRI. APPROVALS: to 00 FREDERICCOUNTY �JBDIVISION ADMINISTRATOR D T ARK D. S U No. 002009 GREENWAYWbidy ENGINEERING 151 HW Lam Engbiem Wbwhester, VvgbWa 22602 SLAvyors Telephone-- (540) 662-4185 SURV FAX (540) 722-9528 Fowided in 1977 E-maa- green%W(9vLuwfifnkcom R2760 SHEET 1 OF 10 OK911PG1340 ova Q3 4 5 7 8 IoA9tv T F ` 9 &s .7,7 '9� \" F06 / QQ 12 e. 1 9g5 �to►o / 10 11 •4QPr. GNOG s ,�q'r 13 14 MA I `q ILgU 0 �tw0�� 1 15 .% P oC/�.R1V R � �0 46 �47 45 s B� v I g 16/ OVERHEAD 1 �� let- ! UTILITY WIRES EXIS77NG DWELLING HISTORIC STRUCTURE Q J� N0. 34-729 N THOUAS McCANN HOUSE. APPROX. LOCATION OF EX. DRAINFIELD BY FIELD INSPECTION. �o -. ��' ADJUSTED o TAX PARCEL 44-A-29 98.7235 ACRES j17 LAJ �u / p %4� /\ u �\ \P18 < 10 0 _BRL / ' Imo" BRL 19 / FORMER TRACT LINE k�r'+/.1'b°' HEREBY VACATED. — �< 100" BRL fENCE —LINE / U U T.M. 44-A-293 CRIDER & SHOCKEY, INC. OF WEST ORGIN14 500 0 500 DB 866 PG 1281 (TRACT ONE) ZONE: RA USE: AGRI. GRAPHIC SCALE (IN FEET) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND MINOR RURAL SUBDIVISION OF THE LANDS OF McCANN LAND TRUST STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINW SCALE: I" = 500' 1 DATE: SEPTEMBER 22 2000 GREENWAY ENGINEERING 151 Wb&dy Hill Lane Engineers i bwhanrer, 22602 Smveyora Telephone: (540) 662-4185 FAX (540) 722-9528 Funded in 1991 E-maib gremavay@vLu&allbu1ccom MARK D. SMITH No.002009 �,�04'. SURD F2760 SHEET 2 OF.10 BK9l7PG 1341 N T 0 El /t49,�R` o > /0 21( MCCANN 38ROAD MAONET10 1995 VA. ROUTE -TO' PRESCRIPTNE R/W 62 pq 64" �� .9 o� •�,� 63 ��` O9d p40 i�N 4rqk \ ,q RES q \` \� s5 el- �il�FR��25 0 nc , S l�Pr� ? �Ij 26 E77 r R� / ADJUSTED TAX PARCEL 44—A-31 273.2421 ACRES OB E'Y1i�•��yj0y�v � \ � � 100' BRL ^ T.M. 44—A-292 CRIDER & SHOCKEY, INC. OF WEST WRGINIA DB 866 PG 1281 (TRACT TWO) ZONE: RA USE: AGRI. 60' BRL r Fr>-ivn BRL BUILDING RE57RIC77ON LINE PER ZONING ORDINANCE F = CENTERLINE OF ROADWAY R/W = RIGHT OF WAY 500 0 500 GRAPHIC SCALE (IN FEET) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND MINOR RURAL SUBDIVISION OF THE LANDS OF T McCANN LAND TRUST r STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIN MARK D. MITH a SCALE: 1" = 500' DATE: SEPTEMBER 22, 2000 No.002009 GREENWAY ENGINEERING I�Fnchesur�a22602 D SURF Telephone (S ) 662-4185 FAY (540) 722-9528 F°wmW in 1977 E-molL awn F2760 SHEET 3 OF 10 Z M. 44—A-31 EXISTING AREA OF T.M. 44—A-31 (BY SURVEY) = 96.2884 ACRES PLUS PORTION OF T.M. 44—A-29 ADDED (BY SURVEY) _.-hl76.9536 ACRES ADJUSTED AREA = 273.2421 ACRES T.M. 44—A-29 EXISTING AREA OF T.M. 44—A-29 (BY SURVEY) — 272.9345 ACRES LESS PORTION ADDED TO T.M. 44—A-31 (BY SURVEY) _—176.9536 ACRES PLUS PORTION OF T.M. 44—A-40 ADDED (BY SURVEY) _ + 2.7426 ACRES ADJUSTED AREA = 98.7235 ACRES I.M. 44—A-40 EXISTING AREA OF T.M. 44—A-40 (PER DEED) = 141.17 t ACRES LESS NEW TAX PARCEL 44—A-40A (BY SURVEY) _ — 40,1062 ACRES LESS PORTION ADDED TO T.M. 44—A-29 (BY SURVEY) _ — 2.7426 ACRES REMAINING .AREA WEST OF C.S.X. RAILROAD = 98.32 f ACRES T.M. 44—A-25 T.M. 44—A-39 HARRY L. McCANN ESTATE HARRY L. McCANN ESTATE AI SEE WILL BOOK 109 PG 1110 © SEE WILL BOOK 109 PG 1110 ZONE.- RA SEE ALSO DB 191 PG 402 & DB 91 PG 173 USE: AGRICULTURAL ZONE. • RA USE.- VACANT NOTES THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. SEE SHEETS 5-9 FOR METES AND BOUNDS DESCRIPTIONS OF THE PARCELS AS ADJUSTED HEREIN. INCLUDED WITHIN THE BOUNDS OF THE TRACTS SHOWN HEREON IS A LOT PURPORTED TO CONTAIN ONE ACRE, MORE OR LESS, WHICH WAS THE SI7F OF THE "LIILBURN MEETING HOUSE" THE LOG477ON OF THE STONE FENCE SURROUNDING THE MILBURN CEMETERY" IS SHOWN HEREON, HOWEVER NO EVIDENCE OF THE MEETING HOUSE LOCATION COULD BE DETERMINED BY FIELD INSPECTION. A DEED OF RECORD IN DEED BOOK 60 AT PAGE 402 CONTAINS AN EXCEPTION FOR A LOT CONTAINING ONE ACRE DEVISED BY JOHN MILBURN, DECEASED TO THE METHODIST EPISCOPAL CHURCH INCLUDING THE MEETING HOUSE AND BURYING GROUNDS,' HOWEVER NO FURTHER DESCRIPTION OF SAID LOT COULD BE FOUND OF RECORD AND, AS SUCH, 7HE BOUNDARIES OF SAID LOT COULD NOT BE DETERMINED. NO FIELD EVIDENCE OF POSSESSION BEYOND 7HE LIMITS OF SAID STONE FENCE WAS OBSERVED AT THIS DATE THE AREA ENCLOSED WITHIN SAID FENCE IS APPROXIMATELY 0.34 ACRE. FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND MINOR RURAL SUBDIVISION OF THE LANDS OF A H 0 McCANN LAND TRUST STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA o MARK D. S SCALE: NIA I DATE: SEPTEMBER 22, 2000 Na. oo2oos GREENWAY ENGINEERING Eng-em la �D Ted �(5 ) 66zs SURF FAX (540) 722-9528 Fowsded in 1977 E-nma gremway eQvLrualltnk.com F2760 SHEET 4 OF 10 METES AND BOUNDS DESCRIPTIONS BK 9 7 7 PG 1 3 4 3 The accompanying plat represents a Boundary Line Adjustment and Minor Rural Subdivision Survey of (i) a portion of "Tract One", (ii) all of "Tract Two", and (iii) all of "Tract Three" conveyed to H. K. Benham, III, Trustee of the McCann Land Trust by deed dated July 10, 1988 of record in the office of the Clerk of the Circuit Court of Frederick County in Deed Book 697 at Page 137. The said land fronts the southern boundary of Old Charlestown Road (Va. Route 761) and lies on the northeast side of McCanns Road (Va. Route 838) and on both sides of Milburn Road (Va. Route 662), near Stephenson, in Stonewall Magisterial District, Frederick County, Virginia and is more particularly described by metes and bounds as follows: ADJUSTED TAX PARCEL 44-A-31 Beginning at (1) a point in the center of Milburn Road (Va. Route 662) and in a line of Harry L. McCann Estate; thence with the center of said road and said McCann Estate for the following fourteen courses: N 36000'53" E — 174.83' to (2) a point of curvature of a curve to the right; thence 350.00' along the are of said curve, having a radius of 54,691.24' and a chord bearing N 36111'53" E for a distance of 350.00' to (3) the point of tangency; thence N 36022153" E — 32.67' to (4) a point of curvature of a curve to the left; thence 139.61' along the arc of said curve, having a radius of 765.59' and a chord bearing N 31009'26" E for a distance of 139.42' to (5) the point of tangency; thence N 25055'59" E — 65.87' to (6) a point of curvature of a curve to the right; thence 119.55' along the are of said curve, having a radius of 561.23' and a chord bearing N 32002'07" E for a distance of 119.32' to (7) the point of tangency; thence N 38008' 15" E — 34.32' to (8) a point of curvature of a curve to the left; thence 149.98' along the arc of said curve, having a radius of 4,100.23' and a chord bearing N 37005'23" E for a distance of 149.97' to (9) the point of tangency; thence N 36002'30" E — 106.42' to (10) a point of curvature of a curve to the left; thence 149.99' along the arc of said curve, having a radius of 6,328.14' and a chord bearing N 35121'45" E for a distance of 149.99' to (11) the point of tangency; thence N 34041'01" E— 26.61' to (12) a point of curvature of a curve to the right; thence 109.96' along the arc of said curve, having a radius of 1,611.28' and a chord bearing N 36038' 19" E for a distance of 109.94' to (13) the point of tangency; thence N 38035'37" E — 98.74' to (14) a point of curvature of a curve to the right; thence 149.95' along the arc of said curve, having a radius of 719.34' and a chord bearing N 44033'55" E for a distance of 149.68' to (15) a point comer to "Tract Two" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44-A-29 described below); thence with the existing boundary of"Tract Two" (and Adjusted Tax Parcel 44-A-29) for the following three courses: S 30036'46". E, passing over a'/2" iron rebar set at 15.18', and continuing 1,050.67' in all to (16) a post at a fence corner; thence ;. S 48°46'50" E— 1,525.27' to (17) a post at a fence corner; thence File 2760 Sheet 5 of 10 BK977PG1344 N 61035'02" E— 701.37' to (18) a post at a fence corner; thence along new division lines through said "Tract Two" (and with Adjusted Tax Parcel 44-A-29) for the following two courses: N 20000'00" E— 1,130.00' to (19) a'/2" iron rebar set; thence N 50138'35" W, passing over a''/2" iron rebar set at 2,356.87', and continuing 2,371.87' in All to (20) a point on curve in the center of Milburn Road (Va. Route 662) and in a line of "Tract One" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44- A-29 described below); thence with the existing boundary of "Tract One" and the center of said road (and with Adjusted Tax Parcel 44-A-29 and then New Tax Parcel 44-A-40A) 91.00' along the arc of a curve to the left, having a radius of 3,679.69' and a chord bearing N 39136' 19" E for a distance of 91.00' to (21) the point of tangency; thence continuing with said "Tract One" and the center of said road (and New Tax Parcel 44-A-40A) for the following seven courses: N 38053148" E — 186.74' to (22) a point of curvature of a curve to the left; thence 200.00' along the arc of said curve, having a radius of 18,683.23' and a chord bearing N 38035'24" E for a distance of 200.00' to (23) the point of tangency; thence N 38017'00" E — 937.80' to (24) a point of curvature of a curve to the left; thence 199.99' along the arc of said curve, having a radius of 8,233.72' and a chord bearing N 37035' 15" E for a distance of 199.99, to (25) the point of tangency; thence N 36053'30" E — 32.79' to (26) a point of curvature of a curve to the right; thence 200.00' along the are of said curve, having a radius of 33,188.12' and a chord bearing N 37003'51" E for a distance of 200.00' to (27) the point of tangency; thence N 37014' 13" E — 179.40' to (28) a point in the center of Milburn Road (Va. Route 662) at the southwestern terminus of the dedicated right-of-way; thence with the southwestern boundary of said right-of-way S 51020' 19" E — 20.00' to (29) a''/2" iron rebar set in the southeastern boundary of Milburn Road (Va. Route 662) at the southwestern terminus of the dedicated right-of-way; thence with the southeastern boundary of Milburn Road for the following five courses: N 44022'19" E— 100.50' to (30) a'/2" iron rebar set; thence N 38039'41" E — 50.00' to (3 1 ) a %2" iron rebar set; thence N 34050'51" E — 75.17' to (32) a %2" iron rebar set; thence N 40017'53" E — 175.07' to (33) a'/2" iron rebar set; thence N 70041' 13" E — 48.68' to (34) a'/2" iron rebar set on curve in the southern boundary of Old Charlestown Road (Va. Route 761); thence with said road boundary for the following four courses: 110.67' along the arc of a curve to the left, having a radius of 1,175.92' and a chord bearing S 67°20'21" E for a distance of 110.63' to (35) a''/2" iron rebar set at the end of said curve; thence S 70056'07" E— 128.58' to (36) a'/2" iron rebar set; thence S 81040' 12" E — 133.10' to (37) a'/�" iron rebar set; thence S 82045'21" E — 75.92' to (38) a ''/2" iron rebar set corner to Norwood T. O'Roark, et ux; thence with said O'Roark File 2760 Sheet 6 of 10 1. BK977PG 1 345 S 34027'06" E — 1,240.13' to (39) a set stone found corner to Crider & Shockey, Inc. of West Virginia; thence with Crider & Shockey, Inc. of West Virginia for the following two courses: S 34048'38" E — 730.45' to (40) a dead tree at a fence corner; thence S 14009'44" W — 1,498.57' to (41) a set stone found corner to a second tract of Crider & Shockey, Inc. of West Virginia; thence with said second tract of Crider & Shockey, Inc. of West Virginia for the following two courses: S 15°51'49" W — 2,139.90' to (42) a set stone found; thence S 13056'58" W — 425.55' to (43) a post at a fence corner, corner to Shockey/Dulles, L.C.; thence with Shockey/Dulles, L.C. for the following two courses: S 59006'01" W — 514.78' to (44) a post at a fence corner; thence N 64°36'29" W, passing over a'/2" iron rebar found corner to Shockey/Dulles, L.C. at 3,834.28', and continuing 3,849.47' in all to (1) the point of beginning. Containing............................................................................. 273.2421 Acres. ADJUSTED TAX PARCEL 44-A-29 Beginning at (15) a point on curve in the center of Milburn Road (Va. Route 662) and in a line of Harry L. McCann Estate, corner to "Tract Three" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44-A-31 described above); thence with the center of said road and said McCann Estate for the following seven courses: 9.39' along the arc of a curve to the right, having a radius of 719.34' and a chord bearing N 50054'43" E for a distance of 9.39' to (45) the point of tangency; thence N 51017'08" E — 37.36' to (46) a point of curvature of a curve to the left; thence 119.59' along the arc of said curve, having a radius of 592.80' and a chord bearing N 45°30'22" E for a distance of 119.39' to (47) the point of tangency; thence N 39043'36" E — 570.62' to (48) a point of curvature of a curve to the right; thence 150.00' along the arc of said curve, having a radius of 10,071.34' and a chord bearing N 40009' 12" E for a distance of 150.00' to (49) the point of tangency; thence N 40034'48" E — 19.70' to (50) a point of curvature of a curve to the left; thence 39.94' along the arc of said curve, having a radius of 2,913.16' and a chord bearing N 40011' 16" E for a distance of 39.94' to (51) a point of intersection with the center of McCanns Road (Va. Route 838), corner to Harry L. McCann Estate and "Tract One" conveyed to the McCann Land Trust as referenced above; thence with the center of said road and said McCann Estate along the existing boundary of said "Tract One" for the following two courses: N 62020'21" W — 206.70' to (52) a point of curvature of a curve to the right; thence 51.94' along the arc of said curve, having a radius of 804.83' and a chord bearing N 60°29'26" W for a distance of 51.93' to (53) a point corner to New Tax Parcel 44-A-40A; thence along new division lines through said "Tract One" (and with New Tax Parcel 44-A-40A) for the following two courses: N 37150'18" E, passing over a''/2" iron rebar set at 15.10', and continuing 479.68' in all to (54) a ''/2" iron rebar set; thence File 2760 Sheet 7 of 10 BK911PG1346 S 52120'40" E, passing over a''/2" iron rebar set at 253.21', and continuing 268.21' in all to (55) a point on curve in the center of Milburn Road (Va. Route 662) and in the existing boundary of "Tract Two" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44-A-31 described above); thence with the center of said road and said "Tract Two" (and with Adjusted Tax Parcel 44-A-31) 75.44' along the arc of a curve to the right, having a radius of 3,679.69' and a chord bearing S 39143'34" W for a distance of 75.44' to (20) a point corner to Adjusted Tax Parcel 44-A-31; thence along new division lines through said "Tract Two" (and with Adjusted Tax Parcel 44-A- 31) for the following two courses: S 50°38'35" E, passing over a ''/2" iron rebar set at 15.00', and continuing 2,371.87' in all to (19) a ''/2" iron rebar set; thence S 20000'00" W — 1,130.00' to (18) a post at a fence corner, corner to "Tract Three" conveyed to the McCann Land Trust as referenced above; thence with the existing boundary of said "Tract Three" (and continuing with Adjusted Tax Parcel 44-A-31) for the following three courses: S 61035'02" W — 701.37' to (17) a post at a fence comer; thence N 48°46'50" W — 1,525.27' to (16) a post at a fence corner; thence N 30°36'46" W, passing over a''/2" iron rebar set at 1,035.49', and continuing 1,050.67' in all to (15) the point of beginning. Containing................................................................................ 98.7235 Acres. NEW TAX PARCEL 44-A-40A Beginning at (55) a point on curve in the center of Milburn Road (Va. Route 662) and in the existing boundary between "Tract One" and "Tract Two" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44-A-29 described above); thence along new division lines through said "Tract One" (and with Adjusted Tax Parcel 44-A-29) for the following two courses: N 52120'40" W, passing over a'/2" iron rebar set at 15.00', and continuing 268.21' in all to (54) a'/2" iron rebar set; thence S 37150'18" W, passing over a'/2" iron rebar set at 464.58', and continuing 479.68' in all to (53) a point on curve in the center of McCanns Road (Va. Route 838) and in a line of Harry L. McCann Estate; thence with the center of said road and said McCann Estate for the following five courses: 127.31' along the arc of a curve to the right, having a radius of 804.83' and a chord bearing N 54106'34" W for a distance of 127.18' to (56) the point of tangency; thence N 49034'41" W — 171.96' to (57) a point of curvature of a curve to the right; thence 299.99' along the arc of said curve, having a radius of 20,064.30' and a chord bearing N 49008'59" W for a distance of 299.99' to (58) the point of tangency; thence N 48043' 17" W — 42.07' to (59) a point of curvature of a curve to the right; thence 45.15' along the arc of said curve, having a radius of 1,587.35' and a chord bearing N 47°54'23" W for a distance of 45.15' to (60) a point in the southeastern boundary of the C.S.X. Railroad (said point being located 30 feet southeast of the centerline of the rails); thence with said railroad boundary for the following nine courses: File 2760 Sheet 8 of 10 OX977PG 1347 N 49036'23" E, passing over a'/2" iron rebar set at 15.10', and continuing 286.29' in all to (61) a '/2" iron rebar set; thence N 40023'37" W — 10.00' to (62) a '/2" iron rebar set (said rebar being located 20 feet southeast of the centerline of the rails); thence N 49036'23" E— 1,063.00' to (63) a'/2" iron rebar set; thence S 40023'37" E — 5.00' to (64) a'/2" iron rebar set (said rebar being located 25 feet southeast of the centerline of the rails); thence N 49036'23" E — 661.33' to (65) a'/2" iron rebar set at a point of curvature of a curve to the left; thence 76.00' along the arc of said curve, having a radius of 5,754.58' and a chord bearing N 49013'41" E for a distance of 76.00' to (66) a'/2" iron rebar set; thence N 41009'01" W — 5.00' to (67) a''/2" iron rebar set on curve (said rebar being located 20 feet southeast of the centerline of the rails); thence 501.75' along the arc of a curve to the left, having a radius of 5,749.58' and a chord bearing N 46°20'59" E for a distance of 501.59' to (68) a '/2" iron rebar set at the end of said curve; thence N 43018'02" E — 97.25' to (69) a '/2" iron rebar set corner to Harry L. McCann Estate; thence with said McCann Estate S 64038'35" E — 449.31' to (70) a'/2" iron rebar set in the northwestern boundary of Milburn Road (Va. Route 662); thence with said road boundary for the following three courses: S 37001'30" W — 126.86' to (71) a '/2" iron rebar set; thence S 38039'41" W — 100.00' to (72) a'/2" iron rebar set; thence S 30007'50" W — 101.12' to (73) a'/2" iron rebar set at the southwestern terminus of the dedicated right-of-way; thence with the southwestern boundary of said right-of-way S 51020' 19" E — 10.00' to (28) a point in the center of Milburn Road (Va. Route 662) and in the existing boundary of"Tract Two" conveyed to the McCann Land Trust as referenced above (and comer to Adjusted Tax Parcel 44-A-31 described above); thence with the center of said road and the existing boundary of said "Tract Two" (and with Adjusted Tax Parcel 44-A-31) for the following eight courses: S 37014' 13" W — 179.40' to (27) a point of curvature of a curve to the left; thence 200.00' along the arc of said curve, having a radius of 33,188.12' and a chord bearing S 37003'51" W for a distance of 200.00' to (26) the point of tangency; thence S 36053'30" W — 32.79' to (25) a point of curvature of a curve to the right; thence 199.99' along the arc of said curve, having a radius of 8,233.72' and a chord bearing S 37°35' 15" W for a distance of 199.99' to (24) the point of tangency; thence S 38017'00" W — 937.80' to (23) a point of curvature of a curve to the right; thence 200.00' along the arc of said curve, having a radius of 18,683.23' and a chord bearing S 38135'24" W for a distance of 200.00' to (22) the point of tangency; thence S 38053'48" W — 186.74' to (21) a point of curvature of a curve to the right; thence File 2760 Sheet 9 of 10 BK917PG 1 348 15.56' along the arc of said curve, having a radius of 3,679.69' and a chord bearing S 39001'08" W for a distance of 15.56' to (55) the point of beginning. Containing................................................................................ 40.1062 Acres. Surveyed............................................................................ September 22, 2000 U ARK D. SMITH No.002O09 l� �'Z2'vvo•� VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on at :md with certificate of acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ ( 0 Viand 58.1-801 have been paid, if assessable 4e.c Clerk File 2760 Sheet 10 of 10 COMMONWEALTH OF VIRGINIA (D :T D.:! M: T !.00 2M0 !4:4 OF CONVEYANCE 02 DEEDS - 039 DEEDS AND CDNT?.A---z jc:.@o 8 ?01,00 t At, ?!-. 'Qu!lTy -RANT::C TA:(- ?04 00 S!2 TF.MS"E.R :HS 4RAVOR Z 704:(,0 !06 iErH,KOCY FUND FEE —00 2H TAX HNiNRED : --.00 4.25• KURT PAID: 4,24MO CHANGE AM! 00 t CLEF,K C-F CE'HT FEB--CCP. P, HH-10 DrIl 8 (M) MID -ATLANTIC INDUSTRIAL & TECH CENTER REZONING Adjoining property owners NAME and PROPERTY IDENTIFICATION # ADDRESS ZONING 1. H.K. Benham, III 44-A-40; 44-A-31, 44-A-29 2. Shockey/Dulles, LC 44-A-31A .-- 3. Holy Trinity Mission Seminary 44-A-294 -- �Pp 4. Crider & Shockey of West Virginia 44-A-292 5. Harry L. McCann 44-A-39 6. Robert C. & Alcesta R. Dyke 44-A-3 8;44-A-37, 44-A-36 7. Shirley M. Strosnider 44-A-35; 44-A-34 8. Terry L. & Evelyn G. Jenkins 44-A-33; 44-A-32 9. Anna B & Lester W. McKee 44-A-139' 10. David & Louise Scott 44-A-140 11. Ray G. & Ruth J. Keiter 44-A-141 .11 12. Betty Lou Bragg 44-A-142, 44-A-138B 13. Bobby D. Law 44-A-143 "- 14. Walter I & Audrey L. Mayers 44-A-144 15. Norma L. Stewart 44-A-145, 16. Randolph C. & Katherine E. Trenary 44-A-146 ✓ 17. Timothy J. & Wanda K. Weaver 44-A-147 ,, 18. David Calvin & Scarlet M. Jenkins 44- A-148- 19. James R. & Mary P. Russell 44-A-149 - 20. Glenn A. & Betty A. Stultz 44-A-150; 44-A-151 21. Ray E. & Christine E. Spitzer 44-A-153 ✓ PO Box 809, Winchester, VA 22604 RA PO Box 2530, Winchester, VA 22604 RA PO Box 8, Stephenson, VA 22656 RA PO Box 2530, Winchester, VA 22604 RA PO Box 809, Winchester, VA 22604 RA 293 Old Charles Town Road, Stephenson, RA VA 22656 327 Old Charles Town Road, Stephenson, RA VA 22656 357 Old Charles Town Raod, Stephenson, RA VA 22656 102 Fairway Dr, Winchester, VA 22602 RA 400 Old Charles Town Road, Stephenson, RA VA 22656 410 Old Charles Town Road, Stephenson, RA VA 22656 420 Old Charles Town Road, Stephenson, RA VA 22656 432 Old Charles Town Road, Stephenson, RA VA 22656 442 Old Charles Town Road, Stephenson, RA VA 22656 454 Old Charles Town Road, Stephenson, RA VA 22656 466 Old Charles Town Road, Stephenson, RA VA 22656 478 Old Charles Town Road, Stephenson, RA VA 22656 879 Dicks Hollow Road, Winchester, RA VA 22603 502 Old Charles Town Road, Stephenson, RA VA 22656 518 Old Charles Town Road, Stephenson, RA VA 22656 540 Old Charles Town Road, Stephenson, RA VA 22656 22. Robert Eugene Vuillermet 44-A-154- 23. John R. Strother 44-A-155 24. R. Charles & Kay K. Hott 44-A-156, 25. Helen I. DeHaven 44-A-157; 44-A-158 26. Jean K. Gray c/o Jean Nicholson 44-A-161 --' 27. Ellen Elaine Getts 44-A-162 28. Juanita M. Ritter 44-A-163; 44-A-164, 44-A-165 29. Robert H. Russell 44-A-166 30. Norwood T. & Laura W. O'Roark 44-A-138A--, 31. David R- & Rhonda G. Madison 44-A-138 32. William Ray & Helen Christine Zirkle 44C-2-Aj 33. Charles S. & Mary A. Jobe 44C-2-B 34. Terry L. & Connie S. Bly 44C-2-D ✓' ADa Pth1 s 550 Old Charles Town Road, Stephenson, RA VA 22656 560 Old Charles Town Road, Stephenson, RA VA 22656 572 Old Charles Town Road, Stephenson, RA VA 22656 1 582 Old Charles Town Road, Stephenson, RA VA 22656 PO Box 151, Stephenson, VA 22656 RA 660 Old Charles Town Road, Stephenson, RA VA 22656 688 Old Charles Town Road, Stephenson, RA VA 22656 532 Old Charles Town Road, Stephenson, RA VA 22656 380 Old Charles Town Road, Stephenson, RA VA 22656 133 Parkins Lane, Winchester, VA 22602 RA 614 Old Charles Town Road, Stephenson, RA VA 22656 634 Old Charles Town Road, Stephenson, RA VA 22656 644 Old Charles Town Road, Stephenson, RA VA 22656 44-A- 25 44-A-2-C- - 44-A -(3j 4-4-A - 1&-7 44-A- !(�� 44-A-I(aj� 44-µ - 1-70 44-A*44-A -zoJ *4-4-A-204 44-A-zC , 44-h-Zvi, 4 /ne e,ed 44-A - : 0-7 44- A -yoa 44-A 4r 4-4- f, - ; !3 44-A - t � � 4�t--A 44-A-21c5 44"A-ZIj A-4-A-ZZ0 4-4-A-Z2-I� 44-A-Z2"I_) 'f-4-A-Z?--3 +4-A -Z24, 44-A- 7-Z55, 44-A-7-2- ; 44-A, -ZZ$, 44-A-23144, A -23�6 44-A -232 �'�44-A -23�, 44-A-7-34- ,*44-A -239- ¢4--A -�� ;G� ,-q4-')q-237,. !� - ZS5 44 - A -284 44 -A -Z�.,7 y 44- i4 -2�8 4.4—A-7- 44-A -z38; ' 44-A--791 45-a-3-I 45-9-3-z 55--7 5r3--7-14-, 44-- A _41Z a4— A-ZI4- i 4+-A-7-1S 4-4 _A - 2-1G *4-4 -A - '=J, �t44 A _, CRIDER & SHOCKEY, INC. of West Virginia P. O. BOX 2530, WINCHESTER, VIRGINIA 22604-1730 (540) 667-7700 June 12, 2001 Mr. Richard Shickle Chairman of the Board of Supervisors Frederick County, Virginia And Members of the Board Re: Rezoning Application of Crider & Shockey, Inc. of West Virginia Number: 04-00 Dear Mr. Shickle: After considerable discussion with members of the community and our desire to compromise our request it is the desire of our company to amend the pending application that presently requests rezoning from the Rural Area (RA) zoning district to 206 acres of Light Industrial (M1) and 198 acres of General Industrial (M2) to delete the request for the M2 portion of the application and request in lieu thereof M-1 for the entire property. The application as amended therefore requests a total acreage to be rezoned of 404 acres from the Rural Area (RA) to the Light Industrial (M1) as shown in the application to the M2 zoning district in the proffers will be deleted with the remaining proffers continuing to be as proposed. Copies of the proffers which are voluntarily offered with the corresponding deletion of the reference to the M2 zoning district are enclosed. Very truly yours, CRIDER & SHOCKEY, INC. OF WEST 1.2 Cc: Evan Wyatt, Director of Planning John Riley, Kris Tierney, Larry Ambrogi, Board of Supervisors '0 ►ECEIVED JUN 12 2001 DEPT. OF PLANNING/DEVELOPMENT SHOG(EY Greenway Engineering September 1, 2000 Mid -Atlantic Industrial Rev. May 9, 2001 and 'rcch Center MID -ATLANTIC INDUSTRIAL & TECH CENTER REZONING Tax Parcels 44-A-31, 44-A-292, 44-A-293 Stonewall Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 04-00 for the rezoning of approximately 404 acres from the Rural Area (RA) zoning district to 296 tieres Light Industrial (M1) 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 the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned -by Crider and Shockey, Inc. of West Virginia, being all or part of Tax Map Parcels 44-A-31, 44-A-292, and 44-A-293, and further described by zoning plat prepared by Mark D. Smith, P.R., L.S., dated December 9, 2000, Exhibit B. A.) Prohibited Uses The following uses shall not be permitted on the proposed Industrial Park: Description Sic Meat Packing Plant 2011 Poultry Slaughtering and Processing 2015 Animal and Marine Fats and Oils 2077 Logging 241 Wood Preserving 2491 Pulp Mills 261 Paper Mills 262 Paperboard Mills 263 Cellulosic Manmade Fibers 2823 Leather Tanning and Finishing 311 Glass Manufacturing 321-322 Cement, hydraulic 324 Greenway Engineering September 1, 2000 Mid -Atlantic Industrial Rev. May 9, 2001 and Tech Center Ordnance and Accessories 348 Refuse Systems 4953 Junkyards Consumer Recycling Stand-alone Incinerators Fuel Dealers 598 B.) Transportation 1.) Access a. Industrial road access is hereby prohibited along Milburn Road to access the portions of the properties rezoned. b. An industrial access entrance is proposed on Old Charles Town Road (Route 761) approximately 300 feet east of the intersection of Milburn Road and Old Charles Town Road. Frontage improvements, such as widenings, turn lanes, and shoulder improvements, shall be installed by the applicant when determined by the Virginia Department of Transportation to maintain a level of service of C or better. c. A secondary emergency access will be incorporated into the master development plan at approximately 700 feet southeast of the intersection of Stephenson Road and Old Charles Town Road. This access will be gated and only used for emergency purposes. 2.) Traffic Signalization a. A traffic signal will be installed at the time determined by VDOT at the intersection of tine proposed Industrial Park entrance and Old Charles Town Road in the configuration and design as approved by the Virginia Department of Transportation. The applicant shall pay 100% for the cost of said traffic signal as determined by a traffic impact study conducted using VDOT procedures. This study will be required at the time of the first site plan submission. b. The applicant will participate in the installation of a traffic signal at the intersection of U.S. Route 11 and Old Charles Town Road. A VDOT traffic signalization agreement shall be executed and monies will be paid to VDOT as determined by a traffic impact study conducted using VDOT procedures. 3.) Intersection Improvements Right turn lane and radius widening improvements shall be installed and paid for by the applicant at the intersection of U.S. Route 11 and Old Charles Town 2 Greenway Engineering September 1, 2000 Mid -Atlantic Industrial Rev. May 9, 2001 and Tech Center Road as necessary as determined by the Virginia Department of Transportation to maintain level of service C or better. 4.) Right of Way Dedication The applicant hereby agrees to dedicate right of way to the Commonwealth of Virginia along existuig roads adjacent to the property as determined by the Virginia Department of Transportation. Right of Way Dedication along Milburn Road is hereby prohibited unless agreed to and consented to by the Frederick County Board of Supervisors. 5.) Progressive Improvements At the time of the Master Development Plan submission, a detailed traffic study will be performed in accordance with the Virginia Department of Transportation's guidelines and procedures. If determined by VDOT, the traffic study may be waived. As determined by VDOT, the traffic study will include: • The Industrial Park entrance at Old Charles Town Road • The intersection of Old Charles Town Road and Route 11 �Y,, • A link analysis between Industrial Park entrance and Route 11 c " • Interstate 81 interchange at Stephenson (interchange #317) tt 30` • Interstate 81 interchange at Clearbrook (interchange #320) • Interstate 81 interchange at Whitehall (interchange #323) • The intersection of Woodsmill Road and Route 7 • A funk analysis on Route 11 from Route 761 south to Exit 317 at Stephenson & north to Exit 320 at Clearbrook All site plan submissions thereafter shall include a traffic study update of the original study unless waived by VDOT. Any improvements deemed necessary by the Virginia Department of Transportation to maintain a level of service of C will be incorporated into the traffic study. Prior to VDOT approving and signing the Frederick County comment document: An engineering cost estimate for the right-of-way improvements identified as being affected through the traffic study will be calculated. The estimate will be prepared showing the percentage of cost impact caused by each individual site plan submittal. These percentage impact improvements will be bonded, built or escrowed to Frederick County for use in the transportation network system. Any monies, bonds or escrows may be used by Frederick County in the Transportation Matching Fund Program. Greenway Engineering September 1, 2000 Mid -Atlantic Industrial Rev. May 9, 2001 and Tech Center The approval of each site plan will be contingent on satisfying the above conditions in this proffer (#5, Progressive Improvements). 6.) Comprehensive Plan Road Construction The applicant hereby agrees to coordinate, set aside right of way, and construct the portion of the major collector road traversing on the land herein to be rezoned and developed and as outlined in the Frederick County Comprehensive Plan Northeast Land Use Study adopted by the Frederick County Board of Supervisors on September 27, 2000. Said collector road will be incorporated in and constructed with each site plan submission that is adjacent to or part of the site plan. 7.) Rail Spur The rail spur construction from the existing CSX rail line traversing easterly to the Mid -Atlantic Industrial and 'Lech Center shall be built as an at grade crossing with existing Milburn Road elevation. C.) Development Sensitive Area Restriction The Development Sensitive Area, as outlined on the Northeast Land Use Study as adopted by the Frederick County Board of Supervisors on September 27 2000, specifically in the area adjacent to Milburn Road and lying on the subject property Tax Map Parcel 44-A-31, is hereby restricted by permanent easement from the use industrial and commercial enterprises. c� C The said easement restriction will not prohibit development of infrastructure for such items as rail access, underground utilities, or any credit allowances for zoning district buffers. D.) Byers House This Sam Byers House, file #34-1124 as inventoried by the Virginia Department of IIistoric Resources, is hereby made available upon the appropriate executed release agreements for research, inventorying, cataloging, dismemberment, and relocation by a designated Historic Society as sanctioned by the Frederick County Board of Supervisors for a period of 12 months with an extension of an additional 6 months if deemed necessary by the Frederick County Board of Supervisors. This period shall commence at the date of rezoning for subject property. Greenway Engineering September 1, 2000 Mid -Atlantic Industrial Rev. May 9, 2001 and Tech Center E.) Viewshed Builduigs, signs, and lightpoles shall be prohibited above the viewshed ceiling projecting from Milburn Road to infinity. The viewshed ceiling is hereby described by the following data set of positional coordinates. The line through these coordinates will be extended easterly to infinity. The base data and positional coordinates is as follows: • Viewshed lines are from the centerline of Milburn Road extending easterly. • Positional coordinates are based on Virginia State Plain coordinates NAD 83 and NAVD 88. • Height of eye will be 5.50 feet. • Landscape buffer along the ridgeline is 10 feet high, setback 50 feet from the ridgeline. • See Exhibit C and Exhibit D for graphical illustrations. Positional coordinates sets following: SECTION AT MILBURN ROAD Northing Eastin Elevation (- AT 50' EAST OF RIDGELINE Northing Eastin Elevation 2 7131333.6 11593524.1 647.5 7131185.4 11593830.1 658.8 4 7131153.2 11593437.7 640.9 7130993.7 11593760.5 657.9 7 713880.4 11593318.0 631.5 7130699.3 11593680.9 655.7 11 7130515.6 11593148.8 622.1 7130331.8 11593559.6 652.4 15 7130151.5 11592982.2 607.5 7124916.9 11593489.7 648.0 19 7129790.7 11592810.6 614.0 7129473.6 11593462.5 651.7 22 7129519.3 11592682.9 614.0 7129102.5 11593569.9 655.8 To insure compliance all site development plans within the industrial park shall provide an analysis indicating conformance with the viewshed positional coordinate proffer. F.) Buffering 1.) Additional buffering and screening shall be provided along the zoning line of the western most zoning line of M1 and RA paralleling Milburn Road from Old Charles Town Road to the McCann property line Tax Map Parcel #44-A-29. The buffering zoning shall be placed at a distance of approximately 50 feet from the line and maintained in its natural condition. Landscaping, consisting of tall grasses, trees, small berming, and evergreens, will be placed adjacent to said setback buffer which will have a minimum height of 10 feet at maturity. This landscape will be planted in such a manner that an opaque buffering and screening will be fully developed at maturity. The buffering and screening at the 5 Greenway Engineering September 1, 2000 Mid -Atlantic Industrial Rev. May 9, 2001 and Tech Center time of installation will consist of a berm of 6' in height or more and a double row of evergreens planted 10' on center with a minimum height of 4'. Said screening and buffer may be modified to provide a greater amount of screening as stated above and shall be approved and made a part of any adjacent site plan submission. These additional screenings may include a variety of evergreens, dogwoods, crabapples, tall grasses, shrubs, or other trees. The said buffering will not prohibit development of infrastructures for such items as rail access, drainage, and utilities. 2.) An intense buffering and screening element will be provided along the northern property line of the proposed M1 zoning that is adjoining the residents along Old Charles Town Road. This buffering and screening will be provided adjacent to Tax Map Parcels #: 44-A-139, 44-A-148, 44-A-149, 44-A-150, 44-A-151, 44-A-153, 44-A-154, 44- A-155, 44-A-156, 44-A-157, 44-A-158, 44C-2-A, 44C-2-B, 44C-2-D, 44-A-161, 44-A-162, 44-1-A-163, 44-A-164, 44-A-165, 44-A-166. This buffer will consist of landscaping as shown in Exhibit A attached to and made part of this proffer statement. The quantity and height of trees at time of planting is outlined below: Name Ouantity per )nr IIeit ht Acer Saccaharum 3 2-2.5' Cornus Serica 8 18-24" Forsythia Intermedia 7 18-2453' Ilex Nellie Stevens 2 15 7-8' 18-24" Lonicera fragmentissima 6 1.75-2" Malus 3 8-10 Pinus Nigra 3 10' Pinus Strobus Q uercus Shumardii 7 18-24" Viburnum Burkwoodi Zelkova Serrata 1 2-2.5' Maintenance of the buffering as described in items 1 and 2 above will be the responsibility of the Mid -Atlantic Industrial and Tech Center Association. G.) Lighting . Building mounted lights and pole -mounted lights will be of a downcast nature and shielded and directed away from adjacent properties surrounding the proposed 6 Greenway Engineering September 1, 2000 Mid -Atlantic Industrial Rev. May 9, 2001 and Tech Center project. Lighting plans will be submitted as a separate attachment for review and approval by the Frederick County Planning Department prior to installation. II.) Signage All freestanding signs shall be limited to 12 feet in height. I.) Loading Docks Loading docks will be oriented away from the northern property Tune of the proposed M1 zoning that is adjoining all parcels located on Old Charles Town Road. These parcels are listed as Tax Map Parcels #: 44-A-138, 44-A-139, 44-A-140, 44-A-141, 44-A-142, 44-A-143, 44-A-144, 44-A-145, 44-A-146, 44-A-147, and those parcels included in Section F2. J.) Stormwater Management/Best Management Practices Regional stormwater management will be implemented in natural low lying and ravine areas. Presedunent fore bays in combination with any onsite stormwater management will be incorporated into the Master Development Plan and individual site plans. Additionally, as part of the over stormwater management and water quality network, the applicant will institute best management practices, BMPs in the form of structural and non-structural practices. These BMP procedures will be prepared as outlined in the Northern Virginia BMP IIandbook, A Guide to Planning and Designing Best Management Practices: K.) Industrial and Tech Center Covenants Industrial and Tech Center Covenants will be used to control, unify, and guide the following items but in no way will be limited to: • LiXP ghting '. • Noises • Speakers • Trash disposal/screening • odors • prorata stormwater/best management practice L.) Recycling Proffer Recycling programs will be implemented with each Industrial and Tech Center user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. This program will be reviewed and approved by the Frederick County Recycling Coordinator prior to final occupancy permit. Greenwav Engineering September 1. 2000 Mid -Atlantic Industrial Rev. Nlav 9. 2001 and Tech Center M.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application 4 04-00 is approved, and the property is subsequently developed within an M1, W zone, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ 20,000 for Frederick County Fire and Rescue This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid at the time of the first site plan submission. N.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: k_ Crider & Shockey, Inc. of West Virginia By: J. Donal y, Jr., President Date Commonwealth of Virginia, -C j/County of �/Pt �,{'fc'l� To Wit: The foregoing instrument was acknowledged before me this ,Zday of 2001 by .JL NJ" Nota Public My Commission Expires��' L � � w_ r July 24, 2001 Mr. Harrington Smith I I I Mulberry Circle Stephens City, Virgia 22655 Dear Mr. Smith: It has come to my attention that the Frederick County Board of Supervisors is considering the rezoning of some land that is adjacent to Milburn Cemetery that was at one time connected to a "Methodist Chapel" and is still the property of the Virginia Conference of the United Methodist Church. I am writing to ask you to do all that you can to preserve the integrity of the land in question. I write with the hope that your vote will not compromise the historic and environmental significance of that area. Please understand that I am not familiar with all of the issues that are involved but I trust that when you have heard every viewpoint, that you will vote in a way that would be fair to all concerned. Sincerely, yl ,9�r-. Joe E. Pennel, Jr. JEPjr/emp Copy: Sharon Boyd (Dictated by Bishop Pennel but signed in his absence). July 24, 2001 Mr. Richard Shickle 292 Green Spring Road Winchester, Virginia 22603 Dear Mr. Shickle: It has come to my attention that the Frederick County Board of Supervisors is considering the rezoning of some land that is adjacent to Milburn Cemetery that was at one time connected to a "Methodist Chapel" and is still the property of the Virginia Conference of the United Methodist Church. I am writing to ask you to do all that you can to preserve the integrity of the land in question. I write with the hope that your vote will not compromise the historic and environmental significance of that area. Please understand that I am not familiar with all of the issues that are involved but I trust that when you have heard every viewpoint, that you will vote in a way that would be fair to all concerned. Sincerely., 9 E Joe E. Pennel, Jr. JE/Pjr/emp ✓t;opy: Sharon Boyd (Dictated by Bishop Pennel but signed in his absence). July 24, 2001 Ms. Margaret Douglas 452 Barley Lane Winchester. Virginia 22602 Dear Nis. Douglas: It has come to my attention that the Frederick County Board of Supervisors is considering the rezoning of some land that is adjacent to Milburn Cemetery that was at one time connected to a "Methodist Chapel" and is still the property of the Virginia Conference of the United Methodist Church. I am writing to ask you to do all that you can to preserve the integrity of the land in question. I write with the hope that your vote will not compromise the historic and environmental significance of that area. Please understand that I am not familiar with all of the issues that are involved but I trust that when you have heard every viewpoint, that you will vote in a way that would be fair to all concerned. Sincerely. Joe E. Pennel, Jr. JEPjr/emp ,-.Copy: Sharon Boyd (Dictated by Bishop Pennel but signed in his absence). Julv 24. 2001 Mr. Charles Orndoff, Sr. 2897 Ivlartinsbura Pike Stephenson, Virginia 22656 Dear Nlr. Orndoff: It has come to my attention that the Frederick County Board of Supervisors is considering the rezoning of some land that is adjacent to Milburn Cemetery that was at one time connected to a "Methodist Chapel" and is still the property of the Virginia Conference of the United Methodist Church. I am writing to ask you to do all that you can to preserve the integrity of the land in question. I write with the hope that your vote will not compromise the historic and environmental significance of that area. Please understand that I am not familiar- with all of the issues that are involved but I trust that when you have heard every viewpoint, that you will vote in a way that would be fair to all concerned. Sincerely. �I Al Joe E. Pennel, Jr. JEP�jr/emp opy: Sharon Boyd (Dictated by Bishop Pennel but signed in his absence). July 24, 2001 y1r. Robert M. Sager 120 Harmon Place Stephens City. Virginia 22655 Dear V1r. Sager: It has come to my attention that the Frederick County Board ol' Supervisors is considering the rezoning of some land that is adjacent to Milburn Cemetery that was at one time connected to a "Methodist Chapel" and is still the property of the Virginia Conference of the United Methodist Church. I am writing to ask you to do all that you can to preserve the integrity of the land in question. I write with the hope that your vote will not compromise the historic and environmental significance of that area. Please understand that I am not familiar with all of the issues that are involved but I trust that when you have heard every viewpoint, that you will vote in a way that would be fair to all concerned. Sincerely. Joe E. Pennel, .Jr. JEPjr/emp ,/Copy: Sharon Boyd (Dictated by Bishop Pennel but signed in his absence). July 24. 2001 Mr. Sidney .^,. Reyes 350 Redland Road Cross Junction. Vil'glnia 22625 Dear Mr. Reyes: It has come to my attention that the Frederick County Board of Supervisors is considering the rezoning of some land that is adjacent to Milburn Cemetery that was at one time connected to a "Methodist Chapel" and is still the property of the Virginia Conference of the United Methodist Church. I am writing to ask you to do all that you can to preserve the integrity of the land in question. I write with the hope that your vote will not compromise the historic and environmental significance of that area. Please understand that I am not familiar with all of the issues that are involved but I trust that when you have heard every viewpoint, that you will vote in a way that would be fair to all concerned. Sincerely, Joe E. Pennel, Jr. JEEPPjr/emp vCopy: Sharon Boyd (Dictated by Bishop Pennel but signed in his absence). Revised Proffers July 30, 2001 from Original Proffers of September 1, 2000 MID -ATLANTIC INDUSTRIAL & TECH CENTER REZONING Tax Parcels 44-A-31, 44-A-292, 44-A-293 Stonewall Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 04-00 for the rezoning of approximately 404 acres from the Rural Area (RA) zoning district to Light Industrial (M1) zoning district the 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 [lie said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and its legal successors, heirs, and assigns. The subject property is more particularly described as the lands owned by Crider and Shockey, Inc. of West Virginia, being all or part of Tax Map Parcels 44-A-31, 44-A-292, and 44-A-293, and further described by zoning plat prepared by Mark D. Smith, P.E., L.S., dated July 24, 2001, attached as Exhibit "B". A.) Prohibited Uses The following uses shall not be permitted in the proposed Industrial Park: Description Broadwoven Fabric Mills, Wool (Including Dyeing and Finishing) Dyeing and Finishing Textiles, Except Wool Fabrics and Knit Goods Local Trucking Without Storage Transportation by Air Drinking Places (Alcoholic Beverages) Industrial Launderers Tire Retreading and Repair Shops Nuclear Hazardous Waste SIC 2231 226 4212 45 5813 7218 7534 RECEIVED JUL 3 0 2001 DEPT. OF PLANNING/DEVELOPMENT B.) Transportation 1.) Initial Improvements The applicant will install prior to or with the first building occupancy permit improvements to Old Charles Town Road and US Route 11 that will include the following: • Lane widening on Old Charles Town Road to a road cross section of 2-12' lanes and a minimum of 6'shoulders • Right turn lane on US Route 11 to eastbound Route 761 • Right turn lane on Old Charles Town Road into the subject site • Execute a signalization agreement with VDOT • Right turn lane on Route 761 to northbound Route 11 2.) Access a. Industrial road access is hereby prohibited along Milburn Road to access the portions of the properties rezoned. b. One industrial access entrance is proposed on Old Charles Town Road (Route 761) approximately 300 feet east of the intersection of Milburn Road and Old Charles Town Road. c. A secondary emergency access will be incorporated into the master development plan at approximately 700 feet southeast of the intersection of Stephenson Road and Old Charles Town Road. This access will be gated and only used for emergency purposes. d. At such time as the actual average daily trips exceed 6,000 vehicles per day ("VPD") generated by the site, another access will be made available connecting to US Route 11 as designated by the current Comprehensive Plan or improvements will be made by the applicant along Old Charles Town Road from the access road of the property to US Route 11, so that a level of service ("LOS") "C" is maintained on Old Charles Town Road which will include the following: An urban 3-lane road section Bridge widening Associated turII lane expansions and Improvements The average daily trips for each site plan submitted will be determined by using the Institute of Traffic Engineers Manual (ITE). Actual traffic countsfwill,bee l performed by the applicant's engineer using standard engineering lird tress JUL 3 0 2001 1 fr f, OF PLANNING/DEVELOPMENT 2 actual traffic counts will be added to the ITE projection for the subject site plan to determine the total average daily trips generated by the site. 3.) Traffic Signalization a. A traffic signal will be installed at the time determined by the Virginia Department of Transportation ("VDOT") at the intersection of the proposed Industrial Park entrance and Old Charles Town Road in the configuration and design as approved by VDOT. The applicant shall pay 100% for the cost of said traffic signal when warranted. b. The applicant will participate in the installation of a traffic signal at the intersection of U.S. Route 11 and Old Charles Town Road. A VDOT traffic signalization agreement shall be executed and monies will be paid to VDOT as determined by a traffic impact study using VDOT procedures. 4.) Right of Way Dedication The applicant hereby agrees to dedicate right of way to the Commonwealth of Virginia along existing roads adjacent to the property as determined by VDOT. Right of Way Dedication along Milburn, Road is hereby prohibited unless agreed to and consented to by the Frederick County Board of Supervisors. 5.) Progressive Improvements When the vehicles per day generated by the site exceed 6,000 VPD and at the request of the Virginia Department of Transportation and in conjunction with a site plan submission, a detailed traffic study will be performed in accordance with the Virginia Department of Transportation's guidelines and procedures. As determined by VDOT, the traffic study may include: 1. The Industrial Park entrance at Old Charles Town Road 2. The intersection of Old Charles Town Road and Route 11 3. A link analysis between Industrial Park entrance at Route 761 and Route 11 4. A link analysis on Route 11 from Route 761 south to Stephenson Interchange Exit 317 5. A link analysis on Route 11 from the access road as designated on the Frederick County Comprehensive Plan at its intersection on Route 11 south to Stephenson Interchange Exit 317 6. Interstate 81 interchange at Stephenson Interchange Exit 31.7 If the access road to Route 11 as stated above (Proffer I32d) is cQ,ln}�lei(el;gi�s� 2, 3, and 4 are omitted from the study. Items 5 and 6 will rern'@ -iin t-H sty JUL 3 0 2001 OUT, OF PI ANNINIGINVELOPMENT Item 6 will remain with the understanding that the applicant's pro-rata share of the improvements for Stephenson Interchange Exit 317 shall not exceed $50,000. Any improvements deemed necessary by the Virginia Department of Transportation to maintain a level of service of C will be incorporated into the traffic study. Prior to VDOT approving and signing the Frederick County comment document for the subject site plan: An engineering cost estimate for the right-of-way improvements identified as being affected through the traffic study will be calculated. The estimate will be prepared showing the percentage of cost impact caused by each individual site plan submittal. These percentage impact improvements will be bonded, built or escrowed to Frederick County for use In the transportation network system. Any monies, bonds or escrows may be used by Frederick County in the Transportation Matching Fund Program. The approval of said site plan will be contingent on satisfying the above conditions in this proffer. 6.) Comprehensive Plan Road Construction The applicant hereby agrees to coordinate, set aside right of way, and construct the portion of the major collector road traversing the land herein to be rezoned and developed, and as outlined in the Frederick County Comprehensive Plan Northeast Land Use Study adopted by the Frederick County Board of Supervisors on September 27, 2000. Said collector road will be incorporated in and constructed with each site plan submission that is adjacent to or part of the site plan. 7.) Rail Spur The rail spur construction from the existing CSX rail line traversing easterly to the Mid -Atlantic Industrial and Tech Center sliall be built as an at grade crossing with existing Milburn Road elevation as shown on Exhibit "E". C.) Development Sensitive Area Restriction The Development Sensitive Area, as outlined on the Northeast Land Use Study as adopted by the Frederick County Board of Supervisors on September 27 2000, specifically in the area adjacent to Milburn Road and lying on the subject property Tax Map Parcel 44-A-31, is hereby restricted by permanent easement from the use of industrial and commercial enterprises. This easement restriction will not prohibit development of infrastructure for such items as rail access, undergroun�i't1,!-D(- _ ED credit allowances for zoning district buffers. JUL 3 o zoos i)EPT, OF PI ANNING/NVELOPMENT 4 D.) Easement For Interpretive Site and Parking The applicant will reserve for dedication of an easement to a Civil War interest group, a portion of the subject property in order that said interest group can create an interpretive site. The Civil War interest group must be a recognized, legal entity able to receive such easement rights. All expenses associated with the creation of a legal easement and use documents will be borne by the applicant. All expenses associated with structural and/or aesthetic improvements within the easement for the purposes of access, public viewing of the area, and interpretation of events associated with the Civil War, shall be borne by the Civil War interest group. Such improvement shall meet prudent engineering practices and all design standards of the Frederick County Zoning Ordinance. Further, the applicant will provide for access to this site and provide property for parking of vehicles, vans and buses. The location of this property for the easement access and parking is shown on Exhibit "F". E.) Byers House The Sam Byers House, file #34-1124 as inventoried by the Virginia Department of Historic Resources, is hereby made available upon the appropriate executed release agreements for research, inventorying, cataloging, dismemberment, and relocation by a designated Historic Society as sanctioned by the Frederick County Board of Supervisors for a period of 12 months with an extension of an additional 6 months if deemed necessary by the Frederick County Board of Supervisors. This period shall commence at the date of rezoning for subject property. F.) Viewshed Buildings, signs, and lightpoles shall be prohibited above the viewshed ceiling projecting from Milburn Road to infinity. The viewshed ceiling is hereby described by the following data set of positional coordinates. The line through these coordinates will be extended easterly to infinity. The base data and positional coordinates is as follows: • Viewshed lines are from the centerline of Milburn Road extending easterly. • Positional coordinates are based on Virginia State Plain coordinates NAD 83 and NAVD 88. • Height of eye will be 5.50 feet. • Landscape buffer along the ridgeline is :1.0 feet high, setback 50 feet from the ridgeline. • See Exhibit "C" and Exhibit "D" for graphical illustrations. JUL 3 0 2001 KEPT, OF PI ANNINGI0EVELOPMEW 5 Pncitinnal cnnrrlinnte.s following: SECTION AT MILBURN ROAD AT 50' EAST OF RIDGELINE NorthinZ Easting Elevation Northin Eastina Elevation 2 71.31333.6 11593524.1 647.5 71311.85.4 11593830.1 658.8 4 7131153.2 11593437.7 640.9 71.30993.7 11593760.5 657.9 7 713880.4 11593318.0 631.5 7130699.3 11593680.9 655.7 11 7130515.6 11593148.8 622.1 7130331.8 11593559.6 652.4 15 7130151.5 11592982.2 607.5 7124916.9 11593489.7 648.0 19 7129790.7 11592810.6 614.0 7129473.6 11593462.5 651.7 22 7129519.3 11592682.9 614.0 7129102.5 11593569.9 655.8 To insure compliance, all site development plans within the industrial park shall provide an analysis indicating conformance with the viewshed positional coordinate proffer. G.) Buffering 1.) Additional buffering and screening shall be provided along the zoning line of the western most zoning line of M1 and RA paralleling Milburn Road from Old Charles Town Road to the McCann property line Tax Map Parcel #44-A-29. The buffering shall be placed at a distance of approximately 50 feet from the zoning line and maintained in its natural condition. Landscaping, consisting of tall grasses, trees, small berming, and evergreens, will be placed adjacent to said setback buffer which will have a minimum height of 10 feet at maturity. This landscape will be planted in such a manner that an opaque buffering and screening will be fully developed at maturity. The buffering and screening at the time of installation will consist of a berm of 6' in height or more and a double row of evergreens planted 10' on center with a minimum height of 4'. Said screening and buffer may be modified to provide a greater amount of screening as stated above and shall be approved and made a part of any adjacent site plan submission. These additional screenings may include a variety of evergreens, dogwoods, crabapples, tall grasses, shrubs, or other trees. The said buffering will not prohibit development of infrastructures for such items as rail access, drainage, and utilities. Additionally, this buffering will be omitted in the area of the easement for Interpretive Site and Parking (Proffer D) so that proper viewing is achieved. 2.) An intense buffering and screening element will be provided along the northern property line that is adjoining the residents along Old Charles Town Road. This buffering and screening will be provided adjacent to Tax Map Parcels #: 44-A-139, 44-A-148, 44-A-149, 44-A-150, 44-A-151., 44-A-153, 44-A-154, 44-A-155, 44-A-156, 44-A-157, 44-A-158, 44C-2-A, 44C-2-B, 44C-2-D, 44-A-161, 44-A-162, 44-A-163, 44-A-164, 44-A-165, 44-A-166. iiIEGE ED JUL 3 0 2001 DEPT, OF PLANNING/DEVELOPMENT This buffer will consist of a strip of land of 100 feet of inactive buffer with landscaping as shown on Exhibit "A" attached to and made part of this proffer statement. The quantity and height of trees at time of planting is outlined below: Name Quantity per 200' Size Acer Saccaharum 3 2-2.5" Cornus Serica 8 18-24" Forsythia & Interniedia 7 18-24" Ilex Nellie Stevens 2 1.-2" Lonicera fraginentissima 15 18-24" Malus 6 1.75-2" Pinus Nigra 3 8-10' Pinus Strobus 3 8-10' Quercus Shumardii 1. 2-2.5" Viburnum Burkwoodi 7 18-24" Zelkova Serrala 1 2-2.5" Maintenance of the buffering as described in items 1 and 2 above will be the responsibility of the Mid -Atlantic Industrial and Tech Center Association. H.) Lighting Building mounted lights and pole -mounted lights will be of a downcast nature and shielded and directed away from adjacent properties surrounding the proposed project. Lighting plans will be submitted as a separate attachment for review and approval by the Frederick County Planning Department prior to installation. I.) Signage All freestanding signs sliall be limited to 12 feet in height. J.) Loading Docks Loading docks will be oriented away from the northern property line of the proposed M1 zoning that is adjoining all parcels located on Old Charles Town Road. These parcels are listed as Tax Map Parcels #: 44-A-138, 44-A-139, 44-A-140, 44-A-141, 44-A-142, 44-A-143, 44-A-144, 44-A-145, 44-A-146, 44-A-147, and those parcels included in Section 1-72. K.) Stormwater Management/Best Manageient Practices Regional stormwater management will be implemented in natural low lying-Ia �=ravine��V{ � areas. Presediment fore bays in combination with any onsite stormwater m, n� e�1, nt JUL 3 0 2001 i)EPT, OF PLAN NINGIPFVELOPMENI` A will be incorporated into the Master Development Plan and individual site plans. Additionally, as part of the overall stormwater management and water quality network, the applicant will institute best management practices, BMPs in the form of structural and non-structural practices. These BMP procedures will be prepared as outlined in the Northern Virginia BMP Handbook, A Guide to Planning and Designing Best Management Practices. L.) Sanitary Sewer The Industrial Park will be served by sanitary sewer. At present, there are 44 existing homes along Old Charles Town Road and Jordan Springs Road abutting the applicant's property. Some of these homes are reported to have failing septic fields. More particularly, these homes lie between the intersection of Milburn Road and Old Charles Town Road to the eastern property line of the applicant's property and the Old Jordan Springs property. At the time that a sanitary sewer line is available for use by these homes with existing onsite systems, the applicant will pay to the Frederick County Sanitation Authority, as each ]ionic makes application to connect during the first ninety (90) clays after notification to the homeowners of the availability of the sanitary sewer, the sum of Two Thousand Five Hundred Dollars ($2,500.00) per house for each house that pays the remainder of its availability and lateral fee during this ninety (90) day period for use for the payment of this fee for these homes. The applicant will provide reasonably necessary easements to the Frederick County Sanitation Authority for the location of sewer lines. M.) Water This industrial park will be served by public water. However, no occupancy permit will be applied for until such time as the new water plant at Clearbrook presently under construction is online and serving the industrial park. N.) Industrial and Tech Center Covenants Industrial and Tech Center Covenants will be used to control, unify and guide the following items but in no way will be limited to: • Lighting • Noise • Speakers • Trash disposal/screening • Odors • Prorata stormwater/best management practice ,7--G dVD JUL 3 0 2001 DEPT, OF PLANNINPIDEVELOPMENT 8 O.) Recycling Proffer Recycling programs will be implemented with each Industrial and Tech Center user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. This program will be reviewed and approved by the Frederick County Recycling Coordinator prior to final occupancy permit. P.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 04-00 is approved, and the property is subsequently developed within an M1 zone, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: 20 000 for Frederick County Fire and Rescue This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid at the time of the first site plan submission. JUL 3 0 2001 9EPT. OF PI ANNINGIDEVELOPMENT Q.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Crider & Shockey, Inc. of West Virginia By: v " J.�/Iall-Shltcley, Jr., Pres' ent Date Commonwealth of Virginia, / -eity/County of To Wit: The foregoin i trument w).5 a 2001,by 7 >/ ( me this ,�O day of —16/11 �401/ kc� �V(1� & N tary Public My Commission Expires �/'/�/�.� �% ,>%-Qz/ JUL 3 0 2001 l�EPT, OF PLAnInli�,1riDFVELOPMENI' 10 C) M C) w rn rn O rn 6 b 0. zad-00 Plant List 3ocvar 4 Name plan! ;pe -e,gmt Sore— IN tes B, 11 am, - 40, 'ge ga, Movie Shade 7'ee 60-75 40,50' ad -.)s,e, Doo,00a Sh%jn 7-9 -0- Red F a I Co!m 7, Bo,(Ie, P2.-s,,n a Slr, Ne!l,e Stevens Hoij, =,agran! Homevsuckie EJerq-ee, '-e Shrub 15-25 10.15 1. IG.-, Th,ck Bmaul" I Flowers 'Aa,-t, -A:, S'ample Smal - ee S,., ,)(3 Austrian P me E,era,ee, ee 50-60 2c4c* "a,d, E,wgleel 3,,ee- ree S!'ob- Wh,t. P,e Evergreen -,ee 50-60 20-40, -1afay E jergreer gocc screer vee -,,us Shurnald'! Shurnard Oak Shade -- 60-70 60-70' Rev Fall C.kx gone s,bstdw. -. —1,e Jtburnurn SLakow Burkw000 Viburnum sh"t, 8-10 8.10 Red rali Calm Ahle 7 j.-.er 13ed 3erres I!ch r, 1r7m,p Zelkova Ser,Rta Japane5e, Zelkova Shade qe 5080 50-80 Reddsh PurDle Pal t'.c10r ?n!efant:0 EXYI I BIT "A" Landscape Screen Planting Schematic For Mid Atlantic Industrial and Tech Center Greenway Engineering and J Duq9an Assoc. .:ale As Showr RECEIVED JUL 3 0 2001 OEPT. OF PLANNING`DEVELOPMENT 4-A-25 44-A-30' /DOTTED PORTION OF T.M. 44-A-31 PROFFERED AS A D.S.A EASEMENT CONTAINS 31.8 ACRES TO REWUN ZONED RA h h� 44-7-15 14 ct T M. 44-A-19 s_`�ZR0ao TM. 44-A-4C14 MILBURN RW RTE. 652 T.1t. 44-,A-J/ L"r.S OF PROFFER I ,a,2� / A23 PROPOSED iw. M1 ZONING DISTRICT 404 ACRESf_ w ~ 4� T.M. 44-A-294 92 Eel — I IITO 5(15lFC'T PROPERTY 6A PROPOSED M1 ZONE PART OF T.M. 44-A-J1 = 14J.0 ACRES± PART OF T.M. 44-A-292 = 126.6 ACRES± PART OF T.M. 44-A-29J - 1J4.4 ACRES± TOTAL M 1 ZONE = 404.0 ACRES± ZONING PLAT OF A PORTION OF THE LAND OF CRIDER & SHOCKEY, INC. OF WEST VIRGINIA STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINLA SCALE: 1' = 1000' DATE: DULY 24, 2001 GREENWAY ENGINEERING 151 Wutdy H-99 L-ane Enpieen Wwhow, VuWm 22602 Swwyors TeltPiwnt.• (540) 662-4185 FAx• (W) 722-9528 Founded R 1971 E-mail.' gren"wy(j 1p kcom m p�_ OF L 77 MARK D. SMITH 9 No.002009 F2760 SHEEP 1 OF 1 EXHIBIT B 0 00 c n m m n rm M' coN 40) o -' Z 0 4 RECEIVED JUL 3 0 2001 VIEWSHED PLAN VIEW PROFFER DATE: 1/10/01 MID —ATLANTIC INDUSTRIAL & TECH CENTER N STONEWALL MAGISTERIAL DISTRICT SCALE: N/A iCOUNTY,C GREENWAY ENGINEERING U MARK D. SMITH rr 77N 151 WINDY HILL LANE � No.022837 w Engineers WINCHESTER, VA. 22602 0� 1 4,7 Surveyors TELEPHONE: (540) 662-4185 �SSIONAI, FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com EXHIBIT C N3380S NOVE113S 09 mvula w avi Y 8 RECEIVED I.ul to l,,. W W a JUL 3 0 2001 VIEWSHED PLAN VIEW PROFFER DATE: 1 /10/01 MID -ATLANTIC INDUSTRIAL & TECH CENTER STONEWALL MAGISTERIAL DISTRICT SCALE: N/A FREDERICK COUNTY, VIRGINIA / GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com PT. OF PI A I OPMENII MARK D. SMITH 9 No.022837 w o��sst01VAL EXHIBIT D — — 5GALE: I " = 500' RAIL SERVICE EXHIBIT—E DATE: 7/24/01 MID —ATLANTIC INDUSTRIAL & TECH CENTER e FrOnWALL NAGL4rMAL DWMCr, FMICFaCK COurrM VA SCALE:1"=500'OREMIWAY ENOf�NO 151 WMY HILL LANE Engineers WINCHESTER, VA. 22602 J .LULI V Surve ors TELEPHONE: (540) 662-4185 Y FAX: (540) 722-9528 Fou dad in 1971 www.izroenwaven2.com I I I I i n? n n EXHIBIT E )EPT. OF PLANNINGIDEVEI.OPMENI' EXHIBIT F May 17, 2001 Mr. Doug Cochran, Jr. 1345 Mountain View Drive Stephenson, Virginia 22656 RE: Response to Inquiry Dated May 16, 2001 Dear Mr. Cochran: COUNTY of FREDERICK Department of Public Works 540/ 665-5643 FAX: 540/678-0682 In response to your request dated May 16, 2001, 1 offer the following information: 1) The total waste tonnage deposited at the Frederick County Landfill for Fiscal Year 1999/2000 was 158,100. This amount represents a combined total for the Construction/Demolition Debris (CDD) and Municipal Solid Waste (MSW) landfills. 2) The remaining airspace at the MSW landfill is estimated at 12,500,000 cubic yards. 3) Based on our current tonnage projections, we are estimating a remaining life of 37 years for the MSW landfill. The life of the CDD landfill is estimated to be 50 years. I trust that the above information will satisfy your needs. Sincerely, Harvey E. trawsnyder, Jr., P.E. Director of Public Works HES/rls ECEIVED cc: Evan A Wyatt, Director of Planning and Zoning John R. Riley, Jr., County Administrator MAY 17 2001 file DEPT, OF PL*NING1DFVELOP,% NT 107 North Kent Street • Winchester, Virginia 22601-5000 05'16/2001 12:05 FAX 7032711Y45 Q-jA INC LE.iuv,. �1 is 7b: Mr, Ed, Strosnider From: Douglass G, Cochran, Jr. Fax: (540) 678-0682 Page:: One Phone; (540) 665-6643 Date: 5/16/01 Re; Request for Information CC; N/A ❑ Urgent 13 For Review El Please Comment X Please Reply ❑ Please Recycle Mr. Strosnider, As you directed I am submitting my request to you in writing. I am a private citizen of Frederick County, Virginia and reside at 134 Mountain View Drive in Stephenson. I am gathering some information on the County landfill so that I may better understand some figures used in the rezoning request for the Mid -Atlantic Industrial Park, Please provide me the following Information: 1. The tons of solid waste deposited into the landfill in calendar year 2000. 2. The landfill's estimated remaining capacity in tons. 3. The landfill's estimated remaining life in years. If possible I would like your reply faxed to me at my place of business at (703) 271-1245. Otherwise mail it to me at Doug Cochran, Jr. 1345 Mountain View Drive Stephenson, VA 22656 If you have any questions, I can be contacted during the day at work at (703) 553- 7204 or on a cell phone at (540) 247-4402. SincereI , Douglass C. Cochran, Jr, Rezoning Comments Frederick County Attorney Nfail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202E?C' 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the County Attomey's office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Telephone: (p(o2.-4185 Mailing address: 5 I uJ ( N (LC- C,/Ai\jE- I,C) Location of property: Dr- M ILiJje-,\j (qo/-ko( ETC- U&2J , --Ou-n4 0P bLLD C,1APrP-uC5 7u,,Q eoAQ i RM 71, (�, SCxJ-TI-IwEsT o F t-d��'l S /� j�'1/}_02 IbP'.-nOf j O P -i"i to SDU —0 E,2,� %(x) 1 Dlk� Current zoning: Zoning requested: M I M Z Acreage: County Attorney's Comments: Assistant County Attorney's 70 Signature & Date: �— A26 No Ice o: aunh':>AttorneY �:'Pieas6. Ret�ur�; This Farru to tfie A'ppt cant l: )9 0 Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia A plicairt: Please fill:.out:the information as:accurately.as possible in'order fo assist,;the. C. p our Attorney's office -with their review Attach a copy of your application form, location: ma.Y prof.er m stateent, impact Analysis; and Any other. perti► cht. informa Ion: <:: Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, Virginia 22602 Telephone: 662-4185 Location of property: East of Milburn Road (Route 662) , South of Old Charles Town Road (Route 761), Southwest of Jordan Springs Road (Route 664). Hiatt's Run forms a major portion of the southern boundary. Current zoning: RA Zoning requested: Ml/M2 Acreage: 404 County Attorney's Comments: ell 9 Assistant Count Signature & Da Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-63 83 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia Applicant's Name: Greenway Engineering Telephone: 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: East of Milburn Road (Route 662) , South of Old Charles Town Road (Route 761), Southwest of Jordan Springs Road (Route 664). Hiatt's Run forms a major portion of the southern boundary. Current zoning: RA Zoning requested: M1 /M2 Acreage: 404 County Attorney's Comments: Assistant County Attorney's Signature & Date: .. . .. ........ . . :v : rrrr:::::: n•: ::::::: {ivS: nv::::::::•r::rr :rrr:yiy,�:i{iy::{lily, /iiy�(+, �:rrr:ry,� •;�i{::::nK��rii;{i: �•:�i Y' :� :•rri;ii;:ii: /4:;i1 N/,..{�.iiii:{ :::.....i.. ;atYefa»`.. u�nfy:Arftairrte<~> tearIt�!`grtn t Pl�can 18 0 G Corn Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 1550 Commerce Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: C�REEL)W V cjt►JE�21��� Telephone: (e02-4(86 Mailing Address: I ti by 1-1 ILL L/V16, Vi i rat-+ EsTC2 , V A Z-- GO 2— Location of property: FA 5T 0 F M I L&9ni 2U/�D (2`i Vb Z� , .BUT(-1 O F O L D CH-A62- k5 TDIOW &AQ(27-e, 7�1� `�Ui�tvUw<csi of JoKpatj S('P-IrJcns ROAD�Rr� HiA-cr'5 P-uiJ Fv(2MS A Nl/AjoCZ CC 7-Ie fW-I�fejf-M Current zoning: E Zoning requested: H l h-t Z Acreage: 441 Virginia Department of Transportation Comments: No objection to rezoning of this property, Before development, this offirP will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation 1 ion or review. reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalizati And off-si f e rnaritin,*m r nts one_ia__ —r+ rage. Any werk perf_or edon the-- State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverag VDOT Signature & Date:-00 c 'ta<VI70 'lcasE;: i tYir.... m.. ..A ►0i Dn e. 0 I COUNTY of FREDERICK September 25, 2000 Mr. Mark D. Smith, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Mid -Atlantic Industrial and Tech Center - Rezoning Comments Frederick County, Virginia Dear Mark: Department of Public Works 540/665-5643 FAX: 540/ 678-0682 We have completed our review of the impact analysis and proffer statement for the proposed rezoning of approximately 447 acres from RA to M1/M2 for the Mid -Atlantic Industrial and Tech Center. Based on this review and our understanding of the proposed request, we offer the following comments: 1. Refer to wetlands under site suitability. A majority of the site is underlain by the Martinsburg shale which provides some excellent engineering characteristics. However, one of these characteristics is not good drainage. Typically, the soils derived from the shales exhibit poor drainage and support a perched water table until the topsoil is removed. The reference to well drained should be revised accordingly. 2. The discussion of surrounding property on page 3 indicates that the CSX Railroad may be used in the future to provide rail service to the rezoned property. Indicate how this will be accomplished. It appears that it will be necessary to run the spur across Milburn Road through the DSA easement. Has this possibility been discussed with the Virginia Department of Transportation? If so, what provisions and impacts have been envisioned to accomplish this goal? 3. The maximum water consumption has been estimated at 2.35 million gallons per day. The discussion indicates that there is an existing ten (10) inch supply line along Route 11. However, the discussion does not address the obvious issue, does the Sanitation Authority have the available capacity to provide this amount? 4. The discussion -of sewage conveyance and treatment should address when sewer service might be available and who will provide this service. 5. The drainage discussion should indicate whether regional or individual site detention is planned for this development. Also, the rational method used in the calculations should 107 North Kent Street • Winchester, Virginia 22601-5000 Mid -Atlantic Industrial & Tech Center Page 2 September 25, 2000 be limited to sites less than 200 acres. 6. The estimate of solid waste generated by the proposed build -out (approximately 12,000 tons per year) will have a significant impact on the regional solid waste program in Frederick County. The estimated amount will represent an approximate seven (7) percent increase in solid waste. This increase translates into a significant cost increase to the landfill. Also, available capacity may be an issue within the next ten (10) years. Once these comments have been addressed, submit two (2) copies of the rezoning plan for further review. Please contact me at 665-5643 if you have any questions regarding the above comments. Sincerely, 4, �:' HarvnE.rawsnyder,Jr., P. Direublic Works HES/rls cc: Frederick County Planning Department file • FREDERICK COUNTY P.O. BON 1877 Winchcsler VA 22604-8377 .1:\\II{S T. ANDERSON. Chairman RO13E.RT N. CARPENTER. fire -chairman 2131:.11T P. \IOIVERY. Sec -treasurer IOHN STEVENS GREGORY W. HEWITT RICHARD \. RUCK\IAN MEMORANDUM TO: Greenway Engineering FROM: John G. Whitacre, Engineerr�111__11 REFERENCE: Mid -Atlantic Industrial & Tech Center SUBJECT: Re -zoning request DATE: September 22, 2000 Water Wellington If..Iones. P.E. lin.4 inrrr-i)irrtvnr Ph. - (;z401 368- I U61 Fax. - 1 ;401 868-1429 Rezoning Comments - Page 2 We currently do not have facilities to provide this project's projected 2.36 mgd build -out requirements. However, the Authority is in the design stage for a new water treatment plant in the Clearbrook area. This new plant is scheduled for completion in the fall of 2002. Along with this new facility, we will be installing a large diameter water main. It will be built from the Clearbrook water treatment plant (WTP) to the Stonewall Industrial Park area. When these two projects are in service, there should be more than adequate water volume and pressure to serve this project. The existing water lines are not adequate to service this area. The developer would be responsible for installing the lines that will provide needed fire protection and production flows and pressures. Seaver At this time, there is no sewer service in the project area. The nearest connection is in the vicinity of Stonewall Industrial Park. The developer would be responsible for installing the needed sewer system. /ths WATER AT YOUR SEIZVICE • 0 COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.RZ00-0005 Date Received 9/19/2000 Date Reviewed 9/28/2000 Applicant Greenway Engineering Address 151 Windy Hill Lane Winchester, Va Project Name Mid Alantic Industrial Phone No. Type of ApplicationRezoning Current Zoning RA 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election DistrictStonewall Tax I.D. No. 44-A-292, 44-A-293 RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SystemXX Other REQUIREMENTS Emergency Vehicle Access Adequate Inadequate Not IdentifiedXX Fire Lanes Required Yes XX No Comments Further comment on site plan Roadway/Aisleway Widths Adequate Inadequate Not IdentifiedXX Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No Title Signature > //L 0 Rezoning Comments • a Frederick County Department of Parks & Recreation .Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: C-, CE MV I1y Telephone: Mailing Address: iultiGEIfC.S7E�1 VA 2-2(aO2, Location of property: C-6S1 oC Ro/\[) (C-rf- `SoOT7i OF OL-D Cll1 (-IZ576uJN ��/�Di�T%loT),, `�Uu tv4,�► tt= .�D�i�f ►)C-,<, e6-/ (t2TC' f-181a S RUN 6, NV JO C— Po �2o sJ Of 17i-k- y ND4\p- Current zoning: RA Zoning requested: P M z- Acreage: Department of Parks & Recreation Comments: The Conservation Easement may provide Frederick County with future recreational benefits as part of a linear park system. Pks. & Rec. Signature &Date: Notice to Department 4;arks 9 / 29 / 00 &Recreation - Please Return This Form to the Applicant 0 CO V O CY n.n September 25, 2000 . r. Mork D. Smith Greemvay Engineering 1 Wind\ Hill Lane Winchester. Virginia 22602 COUNTY- ofFREDERICK Department of Planning and Development 740,665-5641 FAY: 540/ 678.0682 RE: HRAB Recommendations for Crider-Shockey Rezoning Dear Mark: During their meeting of September 19, 2000, the Historic Resources Advisory Board (I-1RAB) met :o discus:: your client's prcposal to rezone 447 acres of RA (Rural Areas) zoned land to \11 i.Light Indus.ri.al) ar.d M7 (G(:neral lndusrrial) The HRAB made dte following recommendations with regard to that proposal • Should this rezoning oe successfui, the HRAB would request to review the Master Develop; mcnt Plan. The integrity of the ridge which parallels Milburn Road (Rt. 66=, alone the west idc or :he proposed rezoning should be preserved. Te that effect, the Developmantai:y Sensitive ,area (DSA) snould be moved further to the east for a distant- of `0 feet. The above -referenced ridge should riot be distur�ed b} the placement of earthen bcrms or iandscaptng. Landscaping should be placed beyond the ridge and shc-ula consist of waist -high grass and goody trees. • The feasibility of a conservation easement should be im,esttt?ated :or -.he prcpem .vhicit les to the west of Milburn toad. [f you have any questions regarding this :ester or if 1 can be of further assistance, please do not .-testtate :o contact me. Sincerely, Amy M. Lohr Planner 11 cc: Egan A. Wyatt L'.Amt,Com,non•HR,4B'Sha-'ko)Rezaung HRI3reeommpa 1 107North Kent Street • Winchester, Virginia 2260-5000 1 IMPACT STATEMENT LAND OF MID -ATLANTIC INDUSTRIAL & TECH CENTER REZONING APPLICATION SEPTEMBER 1, 2000 Revision JULY 259 2001 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering September 1, 2000 Mid-tlantic Industrial Rev. July 25, 2001 and Tech Center MID -ATLANTIC INDUSTRIAL & TECH CENTER INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of a 404-acre parcel owned by Crider & Shockey of West Virginia. The subject site, tax parcels 44-A-31, 44-A-292, 44-A-293, is located east of Route 662 (Milburn Road), south of Route 761 (Old Charles Town Road), and southwest of Route 664 (Jordan Springs Road). A CSX Railroad line lies to the west of the property and a small distance further west is Route 11 (Martinsburg Pike). The current zoning is RA. Crider & Shockey proposes to rezone 404 acres to light industrial (M1) in order to create an Industrial Park. The proposed zone line is shown on a zoning plat prepared by Mark D. Smith, P.E., L.S., dated July 24, 2001. COMPREHENSIVE PLAN The proposed site is being developed in conformance with the Comprehensive Plan, Northeast Land Use Study. Within the limits of the study, the property will consist of industrial and residential development. There is also an area designated as a Developmentally Sensitive Area (DSA) along Milburn Road. With this proposed rezoning, we are establishing restrictions in the DSA area and following the industrial and residential areas as outlined in the Northeast Land Use Study. SITE SUITABILITY Access The subject property is strategically located 1 / 2 mile east of US Route 11 (Martinsburg Pike) and south of Route 761 (Old Charles Town Road). Access to the site is proposed off Route 761. Route 662 (Milburn Road) and the CSX Railroad run along the western side of the property. An I-81 interchange (the Stephenson exit) is within 1.5 miles from the proposed site access point. No industrial access along Milburn Road is proposed. A second access to US Route 11 going south and then east through the project is planned in the same alignment as shown on the Frederick County Comprehensive Plan, proposed Collector Road. Flood Plains The subject site is located on FEMA NFIP map # 510063-0110-B. Most of the site is located within a "ZONE C" area. "Hiatt's Run", which is in a 100-year flood plain, is classified as a "Zone A" area and runs through the southern and western portion of the property. The developable portions of the site are outside the 100-year flood plain. Greenway Engineering Wetlands September 1, 2000 Rev. July 25, 2001 Mid'1� tlantic Industrial and Tech Center Soil types on the property are well drained. Predominantly, there are gentle slopes. However, there are some steep slopes, especially in the immediate area on Hiatt's Run. There are also 6 small man-made farm ponds that fill after rainstorms and feed "fingers" into Hiatt's Run, which naturally drains the site to the east. In addition, the National Wetlands Inventory Map indicates wetlands in these 6 ponding areas. By scale, these areas have an approximate surface area of 4 acres. Any disturbance of these pond areas will be in conformance with all Corps of Engineers permitting procedures. Mature Woodlands The subject site is a predominantly open field, with some mature scrub areas, and trees along fence lines. The acreage may be developed under the proposed zonings and still easily meet the zoning ordinance requirement of no more than 25% disturbed trees. Soil Types Information for soil types on this site has been obtained from the Soil Survey of Frederick Count , by the USDA Soil Conservation Service. The subject site is located on map sheet nos. 24 and 25, and contains four different soil types: Berks-Channery Loams covers approximately 30% of :site Weikert-Berks Channery Loams covers approximately 50% of site Clearbrook Channery Loams covers approximately 15% of site Frederick-Poplimento Loam with rock outcropping covers approximately 5% of site Prime Agricultural Soils All of the aforementioned soils do not support crops without fertilization, liming, and soil management. They do support pasture for livestock and hay cultivation if there is adequate rainfall. Weikert-Berks loam soils are listed as moderately to poorly suited for pasture and hay cultivation. Steep Slopes - 15% and Greater There are steep slopes 15% or greater on approximately 25% of the subject site. Most of the area is drainage for Hiatt's Run. Some areas are for drainage into fingers which feed Hiatt's Run. Development should not disturb more than 25% of these slopes. The predominant feature on the site is gentle sloping fields. Although the County Ordinance allows disturbance of slope up to 25%, the intent of this development is to minimize disturbance of slopes 15% and greater. 2 Greenway Engineering Construction Concerns • September 1, 2000 Rev. July 25, 2001 MiP-dantic Industrial and Tech Center Shrink swell characteristics of the predominate soils are listed as low and therefore, will not be a major construction consideration. Depth of shale bedrock will average 30" on most of the site. There are limestone outcroppings on the western boundary of the site. Therefore, rock excavation for utilities, grading, and building pads could be a major consideration for construction and development. SURROUNDING PROPERTIES • The subject site is bounded on the north by Route 761 (Old Charles Town Road) and Route 664 (Jordan Springs Road). There are ±60 single dwelling lots on this boundary. Buffering per zoning requirements require 100' total buffer with tree screen. This will be required on houses along Route 761. • For dwellings along Route 664, future residential development is planned. Therefore, the requested boundary of M1 rezoning parallel to Route 664 shall also have a buffer of 100' with tree screening to protect future residences. • The site is bounded on the east and south by agricultural pastureland that requires buffering. • The northwest portion of the site is bordered by Route 662 (Milburn Road) and a corner of Milburn Cemetery that has historical entries. • To the west and parallel to Route 662 (Milburn Road), there is also the CSX Railroad, which may be used in the future to provide rail service in the requested rezoned area. A minimum 100' buffer with screen will be required between all rezoned property and residential areas. This will insure adequate distances between new buildings and existing residences to reduce to negligible levels the impact of noise, light, or odors on neighboring lots generated by business on the subject site within the proposed zonings. TRAFFIC IMPACT The traffic for the Mid -Atlantic Industrial and Tech Center will be managed through the proffers which will cap the access on Old Charles Town Road to 6,000 Vehicles Per Day (VPD). Further development that would generate additional traffic would then require a second access to US Route 11 along the Comprehensive Plan Road Alignment or require improvements and bridge widening on Old Charles Town Road and Route 11 to maintain a level of service "C" or better. By way of this proffer, the transportation system in this area will be adequate and comply with the minimum level of service "C" as stated in the Frederick County Comprehensive Planning documents. A traffic study supporting the 6,000 VPD has been submitted to VDOT. Greenway Engineering September 1, 2000 Midolantic Industrial Rev. July 25, 2001 and Tech Center Based on existing counts that Greenway Engineering conducted on Fort Collier Industrial Park and Stonewall Industrial Park during the month of November, 2000, and knowing at that time the total developed acreage of 205 and 370 respectively, it was determined that Stonewall Industrial Park produced 26.9 VPD per acre and Fort Collier produced 26.2VPD per acre which is within the range of rates listed in the Industrial Park's 130 classification. Therefore, the Mid -Atlantic Industrial & Tech Center should generate approximately 10,000 VPD from the site which will be transmitted through two access points as stated above or the improvements needed to maintain a level of service "C" as stated above. An estimated traffic count from Fort Collier is as follows: Projected trip = 26.2 VPD per acre Projected acres = 404 Projected traffic = 10,585 VPD WATER SUPPLY The maximum design consumption for the subject site is determined by comparing the current use of water within the developed acreage of Fort Collier Industrial Park and Stonewall Industrial Park. Based on existing water consumption patterns, FCSA has determined that 1,000 gallons/day per acre quantity is reasonable to consider for the water impact analysis for this commercial and industrial site. Q=1000 gallons/day /acre Q=1000gpd X 404 acres Q=404,000 gpd (0.4 mgd) SEWAGE CONVEYANCE AND TREATMENT The subject site is within the southeastern portion of the Sewer and Water Service Area (SWSA). The maximum design usage for the subject site is determined by comparing the current discharge of sewage within the developed acreage of Fort Collier Industrial Park and Stonewall Industrial Park. Based on discharge patterns, FCSA has determined that 500 gallons/day per acre quantity is reasonable to consider for the sewer impact analysis for this commercial and industrial site. The proposed zoning will add 0.20 mgd to the public sewage conveyance system and the Opequon Waste Water Treatment plant. Q=500 gallons/day/acre Q=500 gpd x 404 acres Q=202,000 gpd (0.20 mgd) 4 f Greenway Engineering r DRAINAGE September 1, 2000 Rev. July 25, 2001 Atlantic Industrial and Tech Center Currently, the runoff from approximately 404 acres drains into fingers, natural streams, and drainage ditches. These conveyances flow into Hiatt's Run, which flows east and off the site. The following calculations estimate the current and proposed storm water runoff for a ten-year flow: Q = CIA Existin C = 0.30 (pasture) Ito = 5.1 in/hr (15 min) A = 404 acres Qto=618.00cfs Reference-VDOT Drainage Manual Proposed C = 0.90 (commercial) Ito = 5.5 in/fir (10 min) A = 404 acres Qto = 2000. cfs Development of the subject site at maximum buildout will therefore result in an increased runoff of 1382cfs. A detailed stormwater evaluation shall be included with any site plan submittals. When development of the site requires it, detention ponds and/or sediment traps will be built to control storm water discharge into the above referenced streams and Hiatt's Run. By controlling runoff of the site, the impact of developing the subject site on Hiatt's Run will be within acceptable limits. SOLID WASTE DISPOSAL Based on data that Greenway Engineering obtained from the local Industrial Parks within Frederick County and companies such as Hershey Pasta Group, Inc, VDO-America, Greenbay Packing Incorporated, Kraft General Foods, etc. and interviewing BFI Waste Collection Company, it was determined that a typical user would produce 2 tons or less of waste per day. Additionally, an average of 50% of the 2 tons would be recyclable material. Therefore, on an average, 200,000 sf of building will produce 1 and 1 / 2 tons of daily waste product. Based on this research, the following waste production is anticipated: Area of rezoning: 404 acres Projected sf: 3.6 million (based on 9000 sf/acre) Projected waste production: 3.6 msf x 1.5 tons 0.2 msf Total per day: 27 tons Total per year: 8,424 tons (based on a 6-day work week) GrLnway Engineering • September 1, 2000 Misantic Industrial Rev. July 25, 2001 and Tech Center HISTORIC SITES AND STRUCTURES Route 662, Milburn Road, boundaries the western portion of the site. Also, one corner of Milburn Cemetery is on the western boundary of the site. These two entities lie within a DSA as defined by the Northeast Land Use Study of the Frederick County Planning Department. The Samuel Byers House, File #34-1124, is located in the approximate center of the site. The Historic Resources Advisory Board may consider this site and house significant. COMMUNITY FACILITIES The Frederick County Capital Facilities Impact Model has estimated the impact on the utilities and infrastructure near the site. Please refer to Appendix 3. OTHER IMPACTS No additional impacts are foreseen by the proffered development of the subject site. 6 0 • 17 REDERICK COUNTYSAINITATION AUTHORITY "r. A`iDERSO\. Chairman ROBERT.\. CARPENTER. Vice-chairman ROBERT 1'. MOWFRY, Sec -treasurer JOHN STEVENS RICHARD A. RUCKMA\ DARWIN S. BRAD£N' P.O. Box 1877 Winchester VA 22604-8377 MEMORANDUM TO: Greenway Engineering FROM: Wellington H. Jones, P.E. SUBJECT: Mid -Atlantic Industrial & Te Center 1 Revised Proffer Statement and Impact Analysis DATE: July 30, 2001 Water Wellington 11. Jones, 11.E. Engineer -Director Ph. - (540) 368-1061 Fax. - (540) 368-1429 Water facilities are available to the proposed re -zoning site to meet the demands in the revised impact statement. The Authority will place in service, the summer of 2002, a water filtration plant at Clearbrook. To fully utilize the initial treatment capacity of four MGD, a transmission main must be constructed from the plant to the vicinity of I-81/Route 11 interchange north of Winchester. The proposed re -zoning is ideally located for this main to provide additional water service, if required. Sewer Sewer service is not directly available to the proposed re -zoning and must be extended from existing facilities. There are several alternatives available. Ultimately, the wastewater is proposed to be collected by a gravity sewer system and pumped to the Opequon Water Reclamation Facility. The extensions of sanitary sewer to the proposed re -zoning will greatly enhance the feasibility of providing this service to existing residences of the Stephenson area. /ths tit VI FR \T � O1;R SERVICE • iron : D� C rw( No. : Virginia Department of Transportation Ma H to: Virg Department of Transportation Attr: Resident Engineer 14031 Old Valley pike Edinburg, Vtrgima 22824 (540)984-5600 Jul. Z7 roar rt lied delkr to: Virginia Department of Transportation Atft Resident Engineer 1550 Commerce Street Winchester, Virginia Applicant: Pkase Ed out the infocmarien at.Ucuratety, as possibi--in ordar to mist -the Virginia Departmett cif Transportation with, their review, Attack three copitrof Boar applKottoa form, tot"Ou Wrap, prvBsr xUalysb; and ai*. gibr'r { pertineot int`ormation. Appiiulat's Natm REEwJ u?A�! Eti6O; E Etc N& Telephone- 540- (aG Z - 4185 Mailing Addrecc• 16 I 1A/ 1,% : ' )V k III L W,rQ(,4qgsjjEz, V.4 22�OZ Location of property: Ff E PROP R T-/ it LA2r� j teA-i- " it F RTC. (ab Z HF,4MS RvN FDgm5 ,, 4 tiIaJO#C Po��vN 01: THE 1cmtE.2N 6We JCARI. Current zoning: K A Zoning requested: H I Acreage: . Virginia Department of Transportation Comments: VDOT has reviewed the transportation section (attached) of the rezoning request revised and dated July 30, 2001 from Greenway Engineering for the proposed Mid -Atlantic Industrial & Tech Center. VDOT agrees to the proposed work adjacent o the property and 11ftas no op statement of proffer as offered to Frederick County. i I Please forward a signed version of this document at your earliest convenien e; �I ',MOT Signcturc & Datc. « � rw � 07 / 2 7 / 01 Transport ati Assistant Resident Engineer 20 IMPACT STATEMENT LAND OF MID -ATLANTIC INDUSTRIAL & TECH CENTER REZONING APPLICATION SEPTEMBER 1, 2000 Greenway Engineering 151 Windy IIill Lane Winchester, VA 22602 Greenway Engineering September 1, 2000 Ockey Rezoning MID -ATLANTIC INDUSTRIAL & TECH CENTER INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of a 447-acre parcel owned by Crider & Shockey of West Virginia. The subject site, tax parcels 44-A-31, 44-A-292, 44-A-293, is located east of Route 662 (Milburn Road), south of Route 761 (Old Charles Town Road), and southwest of Route 664 (Jordan Springs Road). A CSX Railroad line lies to the west of the property and a small distance further west is Route 11 (Martinsburg Pike). The current zoning is R.A. Crider & Shockey proposes to rezone 208 acres to light industrial (M1) and 239 acres to general industrial (M2) in order to create an Industrial Park. The proposed zone line is shown on a zoning plat prepared by Mark D. Smith, P.E., L.S., dated September 8,2000. COMPREHENSIVE PLAN The site is being proposed to be developed in conformance with the Comprehensive Plan, Northeast Land Use Study. Within the limits of the study, the property will consist of industrial and residential development. There is also an area designated as a Developmentally Sensitive Area (DSA) along Milburn Road. With this proposed rezoning, we are establishing restrictions in the DSA area and following the industrial and residential areas as outlined in the Northeast Land Use Study. SITE SUITABILITY Access The subject property is strategically located 1 / 2 mile east of US Route 11 (Martinsburg Pike) and south of Route 761 (Old Charles Town Road). Access to the site is proposed off Route 761. Route 662 (Milburn Road) and the CSX Railroad run along the western side of the property.4n I-81 interchange (the Stephenson exit) is within 1.5 miles from the proposed site accesso No industrial access along Milburn Road is proposed. i\�4f Flood Plains The subject site is located on FEMA NFIP map # 510063-0110-13. Most of the site is located within a "ZONE C" area. "Hiatt's Run", which is in a 100-year flood plain, is classified as a "Zone A" area and runs through the southern and western portion of the property. The developable portions of the site are outside the 100-year flood plain. Wetlands Soil types on the property are well drained. Predominantly, there are gentle slopes. However, there are some steep slopes, especially in the immediate area on Hiatt's Run. There are also 6 Greenway Engineering • September 1, 2000 Ockey Rezoning small man-made farm ponds that fill after rainstorms and feed "fingers" into Hiatt's Run, which naturally drains the site to the east. In addition, the National Wetlands Inventory Map indicates wetlands in these 6 ponding areas. By scale, these areas have an approximate surface area of 4 acres. Any disturbance of these pond areas will be in conformance with all Corps of Engineers permitting procedures. Mature Woodlands The subject site is predominantly open fields, with some mature scrub areas, and trees along fence lines. The acreage may be developed under the proposed zonings and still easily meet the zoning ordnance requirement of no more than 25% disturbed trees. Soil Types Information for soil types on this site has been obtained from the Soil Survey of Frederick County, by the USDS Soil Conservation Service. The subject site is located on map sheet nos. 24 and 25, and contains four different soil types: Berks-Channery Loam covers approximately 30% of site Weikert-Becks Channery Loam covers approximately 50% of site Clearbrook Channery Loam covers approximately 15% of site Frederick-Poplimento Loam with rock outcropping covers approximately 5% of site Prime Agricultural Soils All of the aforementioned soils do not support crops without fertilization, liming, and soil management. They do support pasture for livestock and hay cultivation if there is adequate rainfall. Weikert-Berks loam soils are listed as moderately to poorly suited for pasture and hay cultivation. Steep Slopes - 15% and Greater There are steep slopes 15% or greater on approximately 25% of the subject site. Most of the area is drainage for Hiatt's Run. Some areas are for drainage into fingers which feed Hiatt's run. Development should not disturb more than 25% of these slopes. The predominant feature on the site is gentle sloping fields. . 16- Construction Concerns�_� Shrink swell characteristics of the predominate soils are listed as low and -therefore, will not be a major construction consideration. Depth of shale bedrock will average 30" on most of the site. There are limestone outcroppings on the western boundary of the site. Therefore, rock excavation for utilities, grading, and building pads could be a major consideration for construction and development. Greenway Engineering • September 1, 2000 Ockey Rezoning SURROUNDING PROPERTIES • The subject site is bounded on the north by Route 761 (Old Charles Town Road) and Route 664 (Jordan Springs Road). There are ±60 single dwelling lots on this boundary. Buffering per zoning requirements require 100' total buffer with tree screen. This will be required on houses along Route 761. • For dwellings along Route 664, future residential development is planned. Therefore, the requested boundary of M1/M2 rezoning parallel to Route 664 shall also have a buffer of 100' with tree screening to protect future residences. • The site is bounded on the east and south by agricultural pastureland that requires buffering. • The northwest portion of the site is bordered by Route 662 (Milburn Road) and a corner of Milburn Cemetery that has historical entries. • To the west and parallel to Route 662 (Milburn Road), there is also the CSX Railroad which may be used in the future to provide rail service in the requested rezoned area. A minimum 100' buffer with screen will be required between all rezoned property and residential areas. This will insure adequate distances between new buildings and existing residences to reduce to negligible levels the impact of noise, light, or odors on neighboring lots generated by business on the subject site within the proposed zonings. TRAFFIC IMPACT This traffic impact for this proposed site can be expressed by calculating the average vehicle trip ends generated by the proposed rezoning on 447 acres to 208 acres of M1 (Light Industrial District) and 239 acres of M2 (Industrial General District). These two zoning districts create an Industrial and Tech Park with a mix of manufacturing, warehousing and technical industries of different sizes. The exact mix and size of industries will be determined and approved as buildout occurs. • Engineering estimate of developable land MI District — 166 ± acres.�'a M2 District — 119 ± acres Total 285 ± acres • Maximum Business and Industrial Intensity (per Frederick County Zoning Codes) M 1 District — 24,750 sf/acre (sf Structure/Acre) M2 District — 28,050 sf/acre (sf Stricture/Acre) Greenway Engineering • September 1, 2000 Ockey Rezoning For M1 — 24,750 (166) = 4,108,500 sf Structure For M2 — 28,050 (119) = 3,338,000 sf Structure Total 7,446,500 sf Structure Maximum • From the Institute of Traffic Engineers Trip Generation Manual, 6"' edition, volume 1 Land Use: Industrial Park (130) Peak Hour: Between 4pm — 6pm on Weekday At 100% Buildout (Maximum): Adjacent street traffic — (0.92 Average trips) (7447) = 6851 trips 1000 sf Site generated traffic — (0.86 Average trips) (7447) = 6404 trips 1000 sf At 50% Buildout (Practical) Adjacent street traffic — (0.92 Average trips) (3723) = 3425 trips 1000 sf Site generated traffic — (0.86 Average trips) (3723) = 3203 trips 1000 sf Land Use: Industrial Park (130) Average Vehicle Trip Ends At Practical Buildout: 3,723,250 sf (6.96) = 25,914 VPD 1000 sf It can be assumed that the present agricultural use of the subject site contributes negligible vehicle trip ends to the exiting roadway system. Route 761 (Old Charles Town Road) will be the means of ingress and egress to the subject site and will route most of the increased traffic west to Route 11 (Martinsburg Pike). By proffer, improvements to Route 761 (Old Charles Town Road) and Route 11 (Martinsburg Pike) will be contracted in cooperation with and according to VDOT requirements:at such time as the traffic growth of the Park is projected to exceed a service level of C. All sitePlans must be submitted to VDOT for review and approval. ' WATER SUPPLY •- 1 The maximum design consumption for the subject site may be calculated as follows: Water consumption for a commercial/industrial site - 4 Greenway Engineering 0 September 1, 2000 Ockcy Rezoning *Q = 3500 — 7500 gpd/acre say Q = 5000 gpd/acre for M 1 /M2 Q max = 5000 gpd X 447 acres = 2,350,000 gpd * From the City of Harrisonburg Design and Construction Manual Table 4-2 Therefore, the maximum water usage for the subject site is 2,350,000 gpd. There is an existing 10" diameter water main along Martinsburg Pike that services the Stonewall District. SEWAGE CONVEYANCE AND TREATMENT The subject site is within the southeastern portion of the Sewer and Water Service Area (SWSA). Based on water consumption at full buildout, the proposed zoning will add 2,350,000 gpd to the public sewage conveyance system and the Opequon Waste Water Treatment Facility. DRAINAGE Currently, the runoff from approximately 447 acres drains into fingers, natural streams, and drainage ditches. These conveyances flow into Hiatt's Run which flows east and off the site. The following calculations estimate the current and proposed storm water runoff for a ten-year flow: Q=CIA Existing C = 0.30 (pasture) I►o = 5.1 in/lir (15 min) A = 447 acres Qio = 684 cfs Reference-VDOT Drainage Manual Proposed C = 090 (commercial) I i o = 5.5 in/hr (10 min) A = 447 acres Q i o = 2212 cfs Development of the subject site at maximum buildout will therefore result in an increased runoff of 1528 cfs. A detailed stormwater evaluation shall be included with any site plan submittals. When development of the site requires it, detention ponds and/or sediment traps will be built to control storm water discharge into the above referenced streams and Hiatt's Run. By controlling runoff of the site, the impact of developing the subject site on Hiatt's Run will be within acceptable limits. Greenway Engineering #0 September 1, 2000 Ockey Rezoning SOLID WASTE DISPOSAL Using Fairfax County design requirements, the following calculations were made to estimate the maximum impact of solid waste generated by the proposed rezoning of the subject site. At 100% buildout of 7,447,000 sf Building Industrial waste generated rate = 3210 lb 1000 sf/yr Total solid waste = 7,447,000 sf X 3210 lb 1000 sf/yr Maximum total solid waste = 11,952 tons/year At 50% buildout of 3,723,500 sf Building Industrial waste generated rate = 3210 lb 1000 sf/yr Total solid waste = 3,723,500 sf X 3210 lb 1000 sf/yr Total solid waste at 50% = 5976 tons/year It should be emphasized that the above calculations do not include any recycling by industry. Most industries recycle a large percentage of their waste stream due to economics and/,,, cooperation with local landfill authorities. Therefore, the above calculations are gefrir4ilfy conservative and indicate a "worst -case scenario' of maximum impact for solid w sti generation. HISTORIC SITES AND STRUCTURES - Route 662, Milburn Road, boundaries the western portion of the site. Also, one corner of Milburn Cemetery is on the western boundary of the site. These two entities lie within a DSA as defined by the Northeast Land Use Study of the Frederick County Planning Department. The Samuel Byers House, File #34-1124, is located in the approximate center of the site. This site and house may be considered significant by the Historic Resources Advisory Board. COMMUNITY FACILITIES The impact on the utilities and infrastructure near the site has been estimated by the Frederick County Capital Facilities Impact Model. Please refer to Appendix 3. OTHERIMPACTS No additional impacts are foreseen by the proffered development of the subject site. 6 IMPACT STATEMENT LAND OF MID -ATLANTIC INDUSTRIAL & TECH CENTER REZONING APPLICATION SEPTEMBER 1, 2000 Revision JULY 25, 2001 Greenway Engineering 151 Windy Hill Lanc Winchester, VA22602�'IVED JUL 3 0 2001 DEPT. OF PLANNING/DEVELOPMENT Greemvay Engineering September 1, 2000 10-Atlantic Industrial Rev. July 25, 2001 and Tech Center MID -ATLANTIC INDUSTRIAL & TECH CENTER INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of a 404-acre parcel owned by Crider & Shockey of West Virginia. The subject site, tax parcels 44-A-31, 44-A-292, 44-A-293, is located east of Route 662 (Milburn Road), south of Route 761 (Old Charles Town Road), and southwest of Route 664 (Jordan Springs Road). A CSX Railroad line lies to the west of the property and a small distance further west is Route 11 (Martinsburg Pike). The current zoning is RA. Crider & Shockey proposes to rezone 404 acres to light industrial (M1) in order to create an Industrial Park. The proposed zone line is shown on a zoning plat prepared by Mark D. Smith, P.E., L.S., dated July 24, 2001. COMPREHENSIVE PLAN The proposed site is being developed in conformance with the Comprehensive Plan, Northeast Land Use Study. Within the limits of the study, the property will consist of industrial and residential development. There is also an area designated as a Developmentally Sensitive Area (DSA) along Milburn Road. With this proposed rezoning, we are establishing restrictions in the DSA area and following the industrial and residential areas as outlined in the Northeast Land Use Study. SITE SUITABILITY Access The subject property is strategically located 1 / 2 mile east of US Route 11 (Martinsburg Pike) and south of Route 761 (Old Charles Town Road). Access to the site is proposed off Route 761. Route 662 (Milburn Road) and the CSX Railroad run along the western side of the property. An 1-81 interchange (the Stephenson exit) is within 1.5 miles from the proposed site access point. No industrial access along Milburn Road is proposed. A second access to US Route 11 going south and then east through the project is planned in the same alignment as shown on the Frederick County Comprehensive Plan, proposed Collector Road. Flood Plains The subject site is located on FEMA NFIP map # 510063-0110-B. Most of the site is located within a "ZONE C" area. "Hiatt's Run", which is in a 100-year flood plain, is classified as a "Zone A" area and runs through the southern and western portion of the property. The developable portions of the site are outside the 100-year flood plain. JUL 3 0 2001 1 DEPT, OF PLANNING/DEVELOPMENT Greemvay Engineering • September 1, 2000 *-Atlantic Industrial Rev. July 25, 2001 and Tech Center Wetlands Soil types on the property are well drained. Predominantly, there are gentle slopes. However, there are some steep slopes, especially in the immediate area on I-Iiatt's Run. There are also 6 small man-made farm ponds that fill after rainstorms and feed "fingers" into I-Iiatt's Run, which naturally drains the site to the east. In addition, the National Wetlands Inventory Map indicates wetlands in these 6 ponding areas. By scale, these areas have an approximate surface area of 4 acres. Any disturbance of these pond areas will be in conformance with all Corps of Engineers permitting procedures. Mature Woodlands The subject site is a predominantly open field, with some mature scrub areas, and trees along fence lines. The acreage may be developed under the proposed zonings and still easily meet the zoning ordinance requirement of no more than 25% disturbed trees. Soil Types Information for soil types on this site has been obtained from the Soil Survey of Frederick Count , by the USDA Soil Conservation Service. The subject site is located on map slieet nos. 24 and 25, and contains four different soil types: Berks-Channery Loams covers approximately 30% of site Weikert-Berks Channery Loams covers approximately 50% of site Clearbrook Channery Loams covers approximately 15% of site Frederick-Poplimento Loam with rock outcropping covers approximately 5% of site Prime Agricultural Soils All of the aforementioned soils do not support crops without fertilization, liming, and soil management. They do support pasture for livestock and hay cultivation if there is adequate rainfall. Weikert-Berks loam soils are listed as moderately to poorly suited for pasture and hay cultivation. Steep Slopes - 15% and Greater There are steep slopes 15% or greater on approximately 25% of the subject site. Most of the area is drainage for Hiatt's Run. Some areas are for drainage into fingers which feed Hiatt's Run. Development should not disturb more than 25% of these slopes. The predominant feature on the site is gentle sloping fields. Although the County Ordinance allows disturbance of slope up to 25%, the intent of this development is to minimize disturbance of slopes 15% and greater. JUL 3 0 Z001 2 DEPT, OF PLANNINGIDEVELOPMENT Greemvay Engineering . September 1, 2000 0-Atlantic hrdustrial Rev. July 25, 2001 and Tech Center Construction Concerns Shrink swell characteristics of the predominate soils are listed as low and therefore, will not be a major construction consideration. Depth of shale bedrock will average 30" on most of the site. There are limestone outcroppings on the western boundary of the site. Therefore, rock excavation for utilities, grading, and building pads could be a major consideration for construction and development. SURROUNDING PROPERTIES • The subject site is bounded on the north by Route 761 (Old Charles Town Road) and Route 664 (Jordan Springs Road). There are ±60 single dwelling lots on this boundary. Buffering per zoning requirements require 100' total buffer with tree screen. This will be required on houses along Route 761. • For dwellings along Route 664, future residential development is planned. Therefore, the requested boundary of M1 rezoning parallel to Route 664 shall also have a buffer of 100' with tree screening to protect future residences. • The site is bounded on the east and south by agricultural pastureland that requires buffering. • The northwest portion of the site is bordered by Route 662 (Milburn Road) and a corner of Milburn Cemetery that has historical entries. • To the west and parallel to Route 662 (Milburn Road), there is also the CSX Railroad, which may be used in the future to provide rail service in the requested rezoned area. A minimum 100' buffer with screen will be required between all rezoned property and residential areas. This will insure adequate distances between new buildings and existing residences to reduce to negligible levels the impact of noise, light, or odors on neighboring lots generated by business on the subject site within the proposed zonings. TRAFFIC IMPACT The traffic for the Mid -Atlantic Industrial and Tech Center will be managed through the proffers which will cap the access on Old Charles Town Road to 6,000 Vehicles Per Day (VPD). Further development that would generate additional traffic would then require a second access to US Route 11 along the Comprehensive Plan Road Alignment or require improvements and bridge widening on Old Charles Town Road and Route 11 to maintain a level of service "C" or better. By way of this proffer, the transportation system in this area will be adequate and comply with the minimum level of service "C" as stated in the Frederick County Comprehensive Planning documents. A traffic study supporting the 6,000 VPD has been submitted to VDOT::, i °° �.aEGE]VED JUL 3 0 2001 DEPT. OF PLANNING/DEVELOPMENT Greemvay Engineering • September 1, 2000 46-Atlantic Industrial Rev. July 25, 2001 and 'recii Center Based on existing counts that Greenway Engineering conducted on Fort Collier Industrial Park and Stonewall Industrial Park during the month of November, 2000, and knowing at that time the total developed acreage of 205 and 370 respectively, it was determined that Stonewall Industrial Park produced 26.9 VPD per acre and Fort Collier produced 26.2VPD per acre which is within the range of rates listed in the Industrial Park's 130 classification. Therefore, the Mid -Atlantic Industrial & Tech Center should generate approximately 10,000 VPD from the site which will be transmitted through two access points as stated above or the improvements needed to maintain a level of service "C" as stated above. An estimated traffic count from Fort Collier is as follows: Projected trip = 26.2 VPD per acre Projected acres = 404 Projected traffic = 10,585 VPD WATER SUPPLY The maximum design consumption for the subject site is determined by comparing the current use of water within the developed acreage of Fort Collier Industrial Park and Stonewall Industrial Park. Based on existing water consumption patterns, FCSA has determined that 1,000 gallons/day per acre quantity is reasonable to consider for the water impact analysis for this commercial and industrial site. Q=1000 gallons/day /acre Q=1000gpd X 404 acres Q=404,000 gpd (0.4 ingd) SEWAGE CONVEYANCE AND TREATMENT The subject site is within the southeastern portion of the Sewer and Water Service Area (SWSA). The maximum design usage for the subject site is determined by comparing the current discharge of sewage within the developed acreage of Fort Collier Industrial Park and Stonewall Industrial Park. Based on discharge patterns, FCSA has determined that 500 gallons/day per acre quantity is reasonable to consider for the sewer impact analysis for this commercial and industrial site. The proposed zoning will add 0.20 ingd to the public sewage conveyance system and the Opequon Waste Water Treatment plant. Q=500 gallons/day/acre Q=500 gpd x 404 acres Q=202,000 gpd (0.20 ingd) il..:a j_' l:.es ,Z. JUL 3 0 2001 DEPT, OF PLANNING/nFVFLOPMENT Greemvay Engineering • September 1, 2000 0-Atlantic Industrial Rev. July 25, 2001 and Tech Center DRAINAGE Currently, the runoff from approximately 404 acres drains into fingers, natural streams, and drainage ditches. These conveyances flow into Hiatt's Run, which flows east and off the site. The following calculations estimate the current and proposed storm water runoff for a ten-year flow: Q=CIA Existing C = 0.30 (pasture) Ito = 5.1 in/hr (15 min) A = 404 acres Qio = 618.00 cfs Reference-VDOT Drainage Manual Proposed C = 0.90 (commercial) Ito = 5.5 in/hr (10 min) A = 404 acres Qio = 2000. cfs Development of the subject site at maximum buildout will therefore result in an increased runoff of 1382cfs. A detailed stormwater evaluation shall be included with any site plan submittals. When development of the site requires it, detention ponds and/or sediment traps will be built to control storm water discharge into the above referenced streams and Hiatt's Run. By controlling runoff of the site, the impact of developing the subject site on Hiatt's Run will be within acceptable limits. SOLID WASTE DISPOSAL Using Fairfax County design requirements, the following calculations were made to estimate the maximum impact of solid waste generated by the proposed rezoning of the subject site. At 100% buildout of 7,447,000 sf Building Industrial waste generated rate = 3210 lb 1000 sf/yr Total solid waste = 7,447,000 sf X 3210 lb 1000 sf/yr Maximum total solid waste = 11,952 tons/year At 50% buildout of 3,723,500 sf Building Industrial waste generated rate = 3210 lb 1000 sf/yr Total solid waste = 3,723,500 sf X 3210 lb y �l 1000 sf/yr �!f d.u. �1 Total solid waste at 50% = 5976 tons/year JUL 3 0 Z001 KEPT. OF Pl ANNING10F, ROPMENT Greemvay Engineering • September 1, 2000 Q_Atlantic Industrial Rev. July 25, 2001 and Tech Center It should be emphasized that the above calculations do not include any recycling by industry. Most industries recycle a large percentage of their waste stream due to economics and cooperation with local landfill authorities. Therefore, the above calculations are generally conservative and indicate a "worst -case scenario' of maximum impact for solid waste generation. HISTORIC SITES AND STRUCTURES Route 662, Milburn Road, boundaries the western portion of the site. Also, one corner of Milburn Cemetery is on the western boundary of the site. These two entities lie within a DSA as defined by the Northeast Land Use Study of the Frederick County Planning Department. The Samuel Byers House, File #34-1124, is located in the approximate center of the site. The Historic Resources Advisory Board may consider this site and house significant. COMMUNITY FACILITIES The Frederick County Capital Facilities Impact Model has estimated the impact on the utilities and infrastructure near the site. Please refer to Appendix 3. OTHER IMPACTS No additional impacts are foreseen by the proffered development of the subject site. HE WED JUL 3 0 2001 DEPT, OF PLANNING/DEVELOPMENT AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on February 2, 2001 BOARD OF SUPERVISORS: AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-00 OF MID -ATLANTIC INDUSTRIAL AND TECH CENTER WHEREAS, Rezoning #04-00 of Mid -Atlantic Industrial & Tech Center was submitted by Greenway Engineering on behalf of Shockey Industries, to rezone 404 acres from RA (Rural Areas) to M1 (Light Industrial). This property is located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664) and is identified with Property Identification Numbers 44-A-31, 44-A-292, and 44-A-293 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on November 15, 2000 and on February 2, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on June 12, 2001; and August 7, 2001; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 404 acres from RA (Rural Areas) to M 1 (Light Industrial) 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 #10-01 • • This ordinance shall be in effect on the date of adoption. Passed this Richard C. Shickle, Chairman W. Harrington Smith, Jr. Charles W. Orndoff, Sr. , 2001 by the following recorded vote: PDRes. 1110-01 0 blgcndm\COU\IGNTS\RFZONING\RESOLUTN\\lidAtlanticRPS2 w-pd Sidney A. Reyes Margaret B. Douglas Robert M. Sager A COPY ATTEST John R. Riley, Jr. Frederick County Administrator r - - T Asa - ` A Y' �f o�oo 30�00 10 OC 10 06 Plant List :".a-. -. -e,ar' _ eat %ores - -e, "'aoie Shane " ee 50-'` - s .a _:: , S e, CC:: S--: - 5 Red =a a S^•_:� mare. = 3s: e _ , e"S e:! e Sevens - c e ; ee' -e ' 7 5 J '� CK 3-oadiea.ea -J ?ed es Powers Ma•v- -as• r a _.s C apapP a Sma ee -' S _ Sp. ng oo:e- e• a :. _ - _ FS .. Austnar a.,e �:erg-eer- ee 5C-8C -C-» lardy E:erg•eer - sc•ee• ;•ee White p ^e Evergreen ' ee 5C-60 20-40' lardy i ergreer jocc steer : ee Shumard 7aK Shade - ee 60 %0 60-70' Red Fae Color g s s: n to ant is �,e ooa, BurKwoca ,',b.:rr. r S a.r, 8-10 8 13 Rea ai, Color ;aparese -eikova S-aoe �e 50-BC 9p-8) Redd sn emu. o.e - 3 3, Pra^• _ I I i I r fur-. EXHIBI"I' "A". w o N a � O c J a ujZD � ff uC Landscape Screen Planting Schematic For Mid Atlantic Industrial and Tech Center Greenway tngineenng and J Duggan Assoc By �aa^ �C;alt; ,J .�1JYv'r Z 44-7-15 14 4-A-25 44-A-30 /DOTTED PORTION OF T.M. 44-A-31 PROFFERED AS A D.SA EASEMENT CONTAINS 31.8 ACRES TO REMAIN ZONED RA T.M. 44-A-29 T.M. 44-A-294 1000 0 1000 GRAPHIC SCALE (IN FEET) C. S RAIZRONO T.M. 44-A-404 MILBURN ROAD RTE. 662 0 o ��y •l.R!!�f.�:::E:<i<E;z;ir{fE` f<.::3,.i 3 j s sE � s3 s sk i..£E�k sE:�l}k is�H fxff s=} q.� �—A xss �' .. . E '—A cp zffsElE S kk f3 jEi 3f }> f k i 2 f 2£ k�f=< n<suzE�Eo., ... r......r:. r......,...2:<xix>r.:rrr=x=:ttkz=Y:c!Yskku.k<k»ii:=rtrrkxi:EEki SUBJECT PROPERTY PROPOSED M1 ZONE PART OF T.M. 44—A-31 = 143.0 ACRES-+ PART OF T.M. 44—A-292 = 126.6 ACRES± PART OF T.M. 44—A-293 = 134.4 ACRES± TOTAL M 1 ZONE = 404.0 ACRES± ZONING PLAT OF A PORTION OF THE LAND OF CRIDER & SHOCKEY, INC. OF WEST VIRGINIA STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 1000, 1 DATE: JULY 24, 2001 loj7\ GREENWAY ENGINEERING 151 Windy Hill Lane %N�w Engineers Winchester, Vagina 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 Fmwrded in 1971 E-mail: gnemvayCa isualli tkcom ��RR7S0 RjF > NS �Qpq� �9 ritc;'EIVED JUL 3 0 2001 OF v -"-4 MARK D. SMITH No.002009 � 40 F2760 SHEET 1 OF 1 EXHIBIT 0 FINAL PLAT FOR BOUNDA LI JUSTMENT AND MINOR RURAL SUBDIVISION OF THE LANDS OF McCANN LAND TRUST STONEWALL MAGISTERIAL DISTRICT, FRFDERICK COUNTY, VIRGINIA SEPTEMBER 22 2000 a sf Rte. 761 Old Charlestown eo e e R ... Rte. 761 � ,�. o,�'� .fig • . ...: ' .. ,Q gyp► ...... ... .... , . fs � tee. EXITVICINITY 317 MAP 'S-br Run I" = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS H. K. BENHAM, III, TRUSTEE OF THE McCANN LAND TRUST, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES Of THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINI CITY / GAMY' OF TO WIT: THE F RE/OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS- ' DAY OF /OING n / 1 -�� 2000 BY ,� A.�,�,� l f —� \��0 • ' MY COMMISSION NOTARY PUBLII EXPIRES SURVEYOR'S CERTIFICATE " ' ''' I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT AND MINOR RURAL SUBDIVISION SURVEY IS (i) A PORTION OF "TRACT ON ", (ii OF "TRACT TWO", AND (iii) ALL OF "TRACT THREE" CONVEYED TO H. BEN II, TR STEE OF THE McCANN LAND TRUST BY DEED DATED JULY 10, 1988 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 697 AT PAGE 137. MARK D. SMITH, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION T.M. 44-A-31 DB 697 PG 137-TRACT THREE 96.2884 ACRES ZONE: RA USE: AGRI. T.M. 44-A-29 DB 697 PG 137-TRACT TWO 272.9345 ACRES ZONE: RA USE: AGRI. T.M. 44-A-40 DB 697 PG 137-TRACT ONE 141.17 ACRES± ZONE: RA USE: AGRI. APPROVALS: FREDERIC 10 00 COUNTY�jBbIVISION ADMINISTRATOR D T ARK D. S a NGo• 002009 C- t ' ZZ , v �04, d S U R.v� GREENWAY ENGINEERING151 E� WInchmter, 2222 602 Te �2-4185 lephonG ( ) FAX (540) 722-9528 Foos" to 1971 E-ma& greenway(OvdsuaLVAkeom F2760 SHEET 1 OF 10 DK97MI3L+0 - 1 2 6 �� 0 3 4 8 �0 , �c -0 5 7 NF �A9 ep, e 199g 14 '40R1 AGN�IC Vjo �0*Q51 l0• VDU . 46 45 L g 16 c/ %E'RHEAD / / 0 U77LITY ,MCA WIRES 0 EXISTING DWELLING J I / HISTORIC STRUCTURE Q J� NO. 34-729 - THOMAS j� W ca �, / ��MCCANN HOUSE. APPROX. LOCATION OF ° / EX. DRAINFIELD BY FIELD INSPECTION. m 1 ADJUSTED °o '�`� 1 TAX PARCEL 44-A-29 98.7235 ACRES 1 F NOF��\ �. o ! �, !$\ < 18 'm �'�'� \ 100' BRL O-O— BRL FORMER TRACT LINE 19 HEREBY VACATED. 44 �12$` 100' BRL FENCE LINE 4J 42 T.M. 44-A-29J CRIDER & SHOCKEY, INC. OF WEST VIRGINIA 500 0 500 DB 866 PG 1281 (TRACT ONE) ZONE: RA USE. AGRI. GRAPHIC SCALE (IN FEET) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND MINOR RURAL SUBDIVISION OF THE LANDS OF gyp, TH F� M c CAN N LAND TRUST STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINI v MARK D. SMITH SCALE: i" = 500' 1 DATE: SEPTEMBER 22, 2000 No.002009 GREENWAY ENGINEERING 151 Hill Lane Er�gincers WJ,schester a 22602 �D S U RN�' SurNey Telephone. (S ) 662-4185 FAX (540) 722-9528 Fow%ded to 1971 E-matl gneenmV9vituaMnkcom F2760 SHEET 2 OF ;10 BKSI IPG1341 41 Mc VA.RATE 38 ROAD WOOAON�1C 1995 JO' PRESCRIPRVE R/W 62 A 58 '� � C' 19� ��'ti ❑ 57� 60 \ �� oy��, 56 41/�sp 61 '�\ lFo f ���Sc� �',s, 8 52 53 /00,NIP oti�J �z 54 \ 64 m tiJ 'yc 49 55 40 EZ Tq \ 6 50 51 0 o .706 4,' 68 V Q /20 21 \ 60, ES 65 22 \B.Q� 66 28 73 72 71 SFF ���6Y/�cF ,o,QFSoF 25 .Qlc, ? •Q j> 26 3o / ADJUSTED 32 35 TAX PARCEL 44—A-31 so' 8RL 38 4 273.2421 ACRES o�J F,�,� o � 0 do �• 39 1 DO' BRL / BRL BUILDING RESTRIC77ON LINE FENCE LINE 40 PER ZONING ORDINANCE. � = . CENTERLINE OF ROADWAY 41 1: M. 44-A-292 R/W = RIGHT OF WAY CRIDER & SHOCKEY, INC. OF WEST ORGINIA DB 866 PG 1281 (TRACT TWO) 500. 0 500' ZONE: RA USE: AGRI. GRAPHIC SCALE (IN FEET) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND MINOR RURAL SUBDIVISION OF THE LANDS OF McCANN LAND TRUST STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIX SCALE: 1" = 500' 1 DATE: SEPTEMBER 22, 2000 GREENWAY ENGINEERING 151 gindy HiillT ane Sun�tynra Tglinchcster, Yb el22602 lephnne. (5 ) 662-4185 F,4X (540) 722-9528 Fow" d to 1971 E-maiL gneenKWgy - Lt wMnlccom w 1�V22 a ll H,4. a, ARK D. MI No.002009MSURN F2760 SHEET 3 OF 10 1 AREA TABULATION pK 9 7 7 PG 1342 TY, 44—A-31 EXISTING AREA OF T.M. 44—A-31 (BY SURVEY) = 96.2884 ACRES PLUS PORTION OF T.M. 44—A-29 ADDED (BY SURVEY) _ + 176.9536 ACRES ADJUSTED AREA = 273.2421 ACRES F TY, 44—A-2S EXISTING AREA OF TY. 44—A-29 (BY SURVEY) = 272.9345 ACRES LESS PORTION ADDED TO T.M. 44—A-31 (BY SURVEY) _—176.9536 ACRES PLUS PORTION OF T.M. 44—A-40 ADDED (BY SURVEY) _ + 2.7426 ACRES ADJUSTED AREA — 98.7235 ACRES F.M. 44—A-4� EXISTING AREA OF TY. 44—A-40 (PER DEED) = 141.17 f ACRES LESS NEW TAX PARCEL 44—A-40A (BY SURVEY) _ — 40.1062 ACRES LESS PORTION ADDED TO T.M. 44—A-29 (BY SURVEY) _ — 2.7426 ACRES REMAINING .AREA WEST OF C.S.X. RAILROAD — 98.32 f ACRES KEY TO ADJOINING PROPERTY OWNERS T.M. 44—A-25 T.M. 44—A-39 HARRY L. McCANN ESTATE HARRY L. McCANN ESTATE ® SEE WILL BOOK ' 109 PG 1110 © SEE WILL BOOK 109 PG 1110 ZONE- RA SEE ALSO DB 191 PG 402 & DB 91 PG 173 USE.- AGRICUL TURAL ZONE: RA USE.- VACANT NOTES THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. SEE SHEETS 5-9 FOR METES AND BOUNDS DESCRIPTIONS OF THE PARCELS AS ADJUSTED HEREIN. INCLUDED WITHIN THE BOUNDS OF THE TRACTS SHOWN HEREON IS A LOT PURPORTED TO CONTAIN ONE ACRE, MORE OR LESS, WHICH WAS THE SITE OF THE "MILBURN MEETING HOUSE" THE LOCATION OF THE STONE FENCE SURROUNDING THE "MILBURN CEMETERY" IS SHOWN HEREON, HOWEVER NO EVIDENCE OF THE MEETING HOUSE LOCATION COULD BE DETERMINED BY FIELD INSPECTION. A DEED OF RECORD IN DEED BOOK 60 AT PAGE 402 CONTAINS AN EXCEPTION FOR A LOT "CONTAINING ONE ACRE DEVISED BY JOHN MILBURN, DECEASED TO THE METHODIST EPISCOPAL . CHURCH INCLUDING THE MEETING HOUSE AND BURYING GROUNDS, " HOWEVER NO FURTHER DESCRIPTION OF SAID LOT COULD BE FOUND OF RECORD AND, AS SUCH, THE BOUNDARIES OF SAID LOT COULD NOT BE DETERMINED. NO FIELD EVIDENCE OF POSSESSION BEYOND THE LIMITS OF SAID STONE FENCE WAS OBSERVED AT THIS DATE THE AREA ENCLOSED WITHIN SAID FENCE 1S APPROXIMATELY 0.34 ACRE. i FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND MINOR RURAL SUBDIVISION OF THE LANDS OF e����► McCANN LAND TRUST ,� STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA o MA009 RK D. S SCALE: N/A DATE: SEPTEMBER 22, 2000 RKNo.D. S 009 GREENWAY ENGINEERING �o� 151 Windy Hill Lane �q , 2 ��� E� der, Leta 22602 d S U R�� Fors Tekphone: (S ) 662-4185 Founded in 1971 FA.- (540) 722-9528 E-mail• gneenway4vinwHinkeom F2760 SHEET 4 OF 10 METES AND BOUNDS DESCRIPTIONS aK 9 7 7 PG 134.3 The accompanying plat represents a Boundary Line Adjustment and Minor Rural Subdivision Survey of (i) a portion of "Tract One", (ii) all of "Tract Two", and (iii) all of "Tract Three" conveyed to H. K. Benham, I11, Trustee of the McCann Land Trust by deed dated July 10, 1988 of record in the office of the Clerk of the Circuit Court of Frederick County in Deed Book 697 at Page 137. The said land fronts the southern boundary of Old Charlestown Road (Va. Route 761) and lies on the northeast side of McCanns Road (Va. Route 838) and on both sides of Milburn Road (Va. Route 662), near Stephenson, in Stonewall Magisterial District, Frederick County, Virginia and is more particularly described by metes and bounds as follows: ADJUSTED TAX PARCEL 44-A-31 Beginning at (1) a point in the center of Milburn Road (Va. Route 662) and in a line of Harry L. McCann Estate; thence with the center of said road and said McCann Estate for the following fourteen courses: N 36000'53" E — 174.83' to (2) a point of curvature of a curve to the right; thence 350.00' along the arc of said curve, having a radius of 54,691.24' and a chord bearing N 36011'53" E for a distance of 350.00' to (3) the point of tangency; thence N 36022'53" E — 32.67' to (4) a point of curvature of a curve to the left; thence 139.61' along the arc of said curve, having a radius of 765.59' and a chord bearing N 31109'26" E for a distance of 139.42' to (5) the point of tangency; thence N 25055'59" E — 65.87' to (6) a point of curvature of a curve to the right; thence 119.55' along the arc of said curve, having a radius of 561.23' and a chord bearing N 32002'07" E for a distance of 119.32' to (7) the point of tangency; thence N 38008' 15" E — 34.32' to (8) a point of curvature of a curve to the left; thence 149.98' along the arc of said curve, having a radius of 4,100.23' and a chord bearing N 37005'23" E for a distance of 149.97' to (9) the point of tangency; thence N 36002'30" E — 106.42' to (10) a point of curvature of a curve to the left; thence 149.99' along the arc of said curve, having a radius of 6,328.14' and a chord bearing N 35021'45" E for a distance of 149.99' to (11) the point of tangency; thence N 34041'01" E — 26.61' to (12) a point of curvature of a curve to the right; thence 109.96' along the arc of said curve, having a radius of 1,611.28' and a chord bearing N 36038' 19" E for a distance of 109.94' to (13) the point of tangency; thence N 38035'37" E — 98.74' to (14) a point of curvature of a curve to the right; thence 149.95' along the arc of said curve, having a radius of 719.34' and a chord bearing N 44033'55" E for a distance of 149.68' to (15) a point corner to "Tract Two" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44-A-29 described below); thence with the existing boundary of "Tract Two" (and Adjusted Tax Parcel 44-A-29) for the following three courses: S 30036'46". E, passing over a'/z" iron rebar set at 15.18', and continuing 1,050.67' in all to (16) a post at a fence corner; thence S 48046'50" E — 1,525.27' to (17) a post at a fence corner; thence File 2760 Sheet 5 of 10 BK977PG1344 N 61035'02" E — 701.37' to (18) a post at a fence corner; thence along new division lines through said "Tract Two" (and with Adjusted Tax Parcel 44-A-29) for the following two courses: N 20000'00" E— 1,130.00' to (19) a'/z" iron rebar set; thence N 50038'35" W, passing over a'/2" iron rebar set at 2,356.87', and continuing 2,371.87' in all to (20) a point on curve in the center of Milburn Road (Va. Route 662) and it) a line of "Tract One" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44- A-29 described below); thence with the existing boundary of "Tract One" and the center of said road (and with Adjusted Tax Parcel 44-A-29 and then New Tax Parcel 44-A-40A) 91.00' along the arc of a curve to the left, having a radius of 3,679.69' and a chord bearing N 39°36'19" E for a distance of 91.00' to (21) the point of tangency; thence continuing with said "Tract One" and the center of said road (and New Tax Parcel 44-A-40A) for the following seven courses: N 38053'48" E — 186.74' to (22) a point of curvature of a curve to the left; thence 200.00' along the arc of said curve, having a radius of 18,683.23' and a chord bearing N 38035'24" E for a distance of 200.00' to (23) the point of tangency; thence N 38017'00" E — 937.80' to (24) a point of curvature of a curve to the left; thence 199.99' along the arc of said curve, having a radius of 8,233.72' and a chord bearing N 37035' 15" E for a distance of 199.99' to (25) the point of tangency; thence N 36053'30" E — 32.79' to (26) a point of curvature of a curve to the right; thence 200.00' along the arc of said curve, having a radius of 33,188.12' and a chord bearing N 37003'51" E for a distance of 200.00' to (27) the point of tangency; thence N 37014' 13" E — 179.40' to (28) a point in the center of Milburn Road (Va. Route 662) at the southwestern terminus of the dedicated right-of-way; thence with the southwestern boundary of said right-of-way S 51020'19" E — 20.00' to (29) a'/2" iron rebar set in the southeastern boundary of Milburn Road (Va. Route 662) at the southwestern terminus of the dedicated right-of-way; thence with the southeastern boundary of Milburn Road for the following five courses: N 44022' 19" E — 100.50' to (30) a '/2" iron rebar set; thence N 38039'41" E — 50.00' to (3 1 ) a ''/z" iron rebar set; thence N 34050'51" E— 75.17' to (32) a''/z" iron rebar set; thence N 40017'53" E — 175.07' to (33) a ''/2" iron rebar set; thence N 70041' 13" E — 48.68' to (34) a '/z" iron rebar set on curve in the southern boundary of Old Charlestown Road (Va. Route 761); thence with said road boundary for the following four courses: 110.67' along the are of a curve to the left, having a radius of 1,175.92' and a chord bearing S 67120'21" E for a distance of 110.63' to (35) a'/z" iron rebar set at the end of said curve; thence S 70056'07" E — 128.58' to (36) a'/2" iron rebar set; thence S 81040' 12" E — 133.10' to (37) a '/z" iron rebar set; thence S 82045'21" E — 75.92' to (38) a '/z" iron rebar set corner to Norwood T. O'Roark, et ux; thence with said O'Roark File 2760 Sheet 6 of 10 • 1 • 6K937PG1345 S 34027'06" E — 1,240.13' to (39) a set stone found corner to Crider & Shockey, Inc. of West Virginia; thence with Crider & Shockey, Inc. of West Virginia for the following two courses: S 34048'38" E — 730.45' to (40) a dead tree at a fence corner; thence S 14009'44" W — 1,498.57' to (41) a set stone found corner to a second tract of Crider & Shockey, Inc. of West Virginia; thence with said second tract of Crider & Shockey, Inc. of West Virginia for the following two courses: S 15051'49" W — 2,139.90' to (42) a set stone found; thence S 13056'58" W — 425.55' to (43) a post at a fence corner, corner to Shockey/Dulles, L.C.; thence with Shockey/Dulles, L.C. for the following two courses: S 59006'01" W — 514.78' to (44) a post at a fence corner; thence N 64136'29" W, passing over a''/2" iron rebar found corner to Shockey/Dulles, L.C. at 3,834.28', and continuing 3,849.47' in All to (1) the point of beginning. Containing............................................................................. 273.2421 Acres. ADJUSTED TAX PARCEL 44-A-29 Beginning at (15) a point on curve in the center of Milburn Road (Va. Route 662) and in a line of Harry L. McCann Estate, corner to "Tract Three" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44-A-31 described above); thence with the center of said road and said McCann Estate for the following seven courses: 9.39' along the arc of a curve to the right, having a radius of 719.34' and a chord bearing N 50°54'43" E for a distance of 9.39' to (45) the point of tangency; thence N 51017'08" E — 37.36' to (46) a point of curvature of a curve to the left; thence 119.59' along the arc of said curve, having a radius of 592.80' and a chord bearing N 45°30'22" E for a distance of 119.39' to (47) the point of tangency; thence N 39043'36" E — 570.62' to (48) a point of curvature of a curve to the right; thence 150.00' along the arc of said curve, having a radius of 10,071.34' and a chord bearing N 40009' 12" E for a distance of 150.00' to (49) the point of tangency; thence N 40034'48" E — 19.70' to (50) a point of curvature of a curve to the left; thence 39.94' along the arc of said curve, having a radius of 2,913.16' and a chord bearing N 40011' 16" E for a distance of 39.94' to (51) a point of intersection with the center of McCanns Road (Va. Route 838), corner to Harry L. McCann Estate and "Tract One" conveyed to the McCann Land Trust as referenced above; thence with the center of said road and said McCann Estate along the existing boundary of said "Tract One" for the following two courses: N 62020'21" W — 206.70' to (52) a point of curvature of a curve to the right; thence 51.94' along the arc of said curve, having a radius of 804.83' and a chord bearing N 60029'26" W for a distance of 51.93' to (53) a point corner to New Tax Parcel 44-A-40A; thence along new division lines through said "Tract One" (and with New Tax Parcel 44-A-40A) for the following two courses: N 37150' 18" E, passing over a ''/2" iron rebar set at 15.10', and continuing 479.68' in all to (54) a '/z" iron rebar set; thence File 2760 Sheet 7 of 10 BK93WG1346 S 52020'40" E, passing over a'/z" iron rebar set at 253.21', and continuing 268.21' in all to (5.5) a point on curve in the center of Milburn Road (Va. Route 662) and in the existing boundary of "Tract Two" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44-A-31 described above); thence with the center of said road and said "Tract Two" (and with Adjusted Tax Parcel 44-A-31) 75.44' along the arc of a curve to the right, having a radius of 3,679.69' and a chord bearing S 39043'34" W for a distance of 75.44' to (20) a point corner to Adjusted Tax Parcel 44-A-31, thence along new division lines through said "Tract Two" (and with Adjusted Tax Parcel 44-A- 31) for the following two courses: S 50138'35" E, passing over a'/z" iron rebar set at 15.00', and continuing 2,371.87' in all to (19) a ''/z" iron rebar set; thence S 20000'00" W — 1,130.00' to (18) a post at a fence corner, corner to "Tract Three" conveyed to the McCann Land Trust as referenced above; thence with the existing boundary of said "Tract Three" (and continuing with Adjusted Tax Parcel 44-A-3 l ) for the following three courses: S 61035'02" W — 701.37' to (17) a post at a fence corner; thence N 48046'50" W — 1,525.27' to (16) a post at a fence corner; thence N 30036'46" W, passing over a'/z" iron rebar set at 1,035.49', and continuing 1,050.67' in all to (15) the point of beginning. Containing................................................................................ 98.7235 Acres. NEW TAX PARCEL 44-A-40A Beginning at (55) a point on curve in the center of Milburn Road (Va. Route 662) and in the existing boundary between "Tract One" and "Tract Two" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44-A-29 described above); thence along new division lines through said "Tract One" (and with Adjusted Tax Parcel 44-A-29) for the following two courses: N 52020'40" W, passing over a'/z" iron rebar set at 15.00', and continuing 268.21' in all to (54) a '/z" iron rebar set; thence S 37150' 18" W, passing over a '/z" iron rebar set at 464.58', and continuing 479.68' in all to (53) a point on curve in the center of McCanns Road (Va. Route 838) and in a line of Harry L. McCann Estate; thence with the center of said road and said McCann Estate for the following five courses: 127.31' along the arc of a curve to the right, having a radius of 804.83' and a chord bearing N 54006'34" W for a distance of 127.18' to (56) the point of tangency; thence N 49034'41" W — 171.96' to (57) a point of curvature of a curve to the right; thence 299.99' along the arc of said curve, having a radius of 20,064.30' and a chord bearing N 49008'59" W for a distance of 299.99' to (58) the point of tangency; thence N 48043' 17" W — 42.07' to (59) a point of curvature of a curve to the right; thence 45.15' along the are of said curve, having a radius of 1,587.35' and a chord bearing N 47054'23" W for a distance of 45.15' to (60) a point in the southeastern boundary of the C.S.X. Railroad (said point being located 30 feet southeast of the centerline of the rails); thence with said railroad boundary for the following nine courses: File 2760 Sheet 8 of 10 • • OX977PG1347 N 49136'23" E, passing over a ''/2" iron rebar set at 15.10', and continuing 286.29' in All to (61) a '/2" iron rebar set; thence N 40023'37" W — 10.00' to (62) a '/2" iron rebar set (said rebar being located 20 feet southeast of the centerline of the rails); thence N 49036'23" E — 1,063.00' to (63) a''/2" iron rebar set; thence S 40023'37" E — 5.00' to (64) a'/2" iron rebar set (said rebar being located 25 feet southeast of the centerline of the rails); thence N 49036'23" E — 661.33' to (65) a '/2" iron rebar set at a point of curvature of a curve to the left; thence 76.00' along the arc of said curve, having a radius of 5,754.58' and a chord bearing N 49013'41" E for a distance of 76.00' to (66) a'/2" iron rebar set; thence N 41009'01" W — 5.00' to (67) a'/2" iron rebar set on curve (said rebar being located 20 feet southeast of the centerline of the rails); thence 501.75' along the arc of a curve to the left, having a radius of 5,749.58' and a chord bearing N 46020'59" E for a distance of 501.59' to (68) a ''/2" iron rebar set at the end of said curve, thence N 43018'02" E — 97.25' to (69) a'/2" iron rebar set corner to Harry L. McCann Estate; thence with said McCann Estate S 64038'35" E — 449.31' to (70) a '/2" iron rebar set in the northwestern boundary of Milburn Road (Va. Route 662); thence with said road boundary for the following three courses: S 37001'30" W — 126.86' to (71) a'/2" iron rebar set; thence S 38039'41" W — 100.00' to (72) a'/2" iron rebar set; thence S 30007'50" W — 101.12' to (73) a'/2" iron rebar set at the southwestern terminus of the dedicated right-of-way; thence with the southwestern boundary of said right-of-way S 51 °20' 19" E — 10.00' to (28) a point in the center of Milburn Road (Va. Route 662) and in the existing boundary of "Tract Two" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44-A-31 described above); thence with the center of said road and the existing boundary of said "Tract Two" (and with Adjusted Tax Parcel 44-A-31) for the following eight courses: S 37014' 13" W — 179.40' to (27) a point of curvature of a curve to the left; thence 200.00' along the arc of said curve, having a radius of 33,188.12' and a chord bearing S 37003'51" W for a distance of 200.00' to (26) the point of tangency; thence S 36053'30" W — 32.79' to (25) a point of curvature of a curve to the right; thence 199.99' along the arc of said curve, having a radius of 8,233.72' and a chord bearing S 37035' 15" W for a distance of 199.99' to (24) the point of tangency; thence S 38017'00" W — 937.80' to (23) a point of curvature of a curve to the right; thence 200.00' along the arc of said curve, having a radius of 18,683.23' and a chord bearing S 38035'24" W for a distance of 200.00' to (22) the point of tangency; thence S 38053'48" W — 186.74' to (21) a point of curvature of a curve to the right; thence File 2760 Sheet 9 of 10 BK9?7PG1348 15.56' along the arc of said curve, having a radius of 3,679.69' and a chord bearing S 39001'08" W for a distance of 15.56' to (55) the point of beginning. Containing................................................................................ 40.1062 Acres. Surveyed............................................................................ September 22, 2000 ti 0 ARK D. SMITH No.002009 VIRGINIA: FREDERICK COUNTY, SC`r. This instrument of writing was produced to me on /e� at :!nd with certificate of acknowledgement thereto annexed ;,,as admitted to record. TLx imposed by Sec. 58.1.802 of $ and 58.1-801 have been paid, if assessable 4ew X��r-v Cleric File 2760 Sheet 10 of l0 0 N N o0o r-1 0 c C) 0 (Ij H H 0 "v o Un W (S A Cj �° w w �ARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA I0522 DK971PG 1335 THIS DEED, made this 2nd day of October, 2000, between H. K. Benham, III, Trustee of the McCann Land Trust, pursuant to a Memorandum of Trust Agreement dated January 10, 1988 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 697, at Page 133, of the first part, hereinafter called the Grantor; and Crider & Shockey, Inc. of West Virginia, a West Virginia corporation, of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with Special Warranty of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of those two (2) certain tracts of land, containing an aggregate of 313.3483 Acres, more or less, and more particularly described as follows: PARCEL ONE: All of that certain tract of land, containing 273.2421 Acres, more or less, lying in Stonewall Magisterial District of Frederick County, Virginia, more particularly described on the attached plat prepared by Mark D. Smith, L.S., dated September 22, 2000, lying East of Milburn Road or the centerline of same, as the case may be, South of Route 761, West of property owned by the Grantee and North of property owned by Shockey/Dulles, L.C.; and being a portion of "Tract Two" and all of "Tract Three" conveyed to the Grantor herein by deed dated July 10, 1988 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 697, at Page 137. PARCEL TWO: All of that certain tract of land, containing 40.1062 Acres, more or less, lying in Stonewall Magisterial District of Frederick County, Virginia, more particularly described on the attached plat prepared by Mark D. Smith, L.S., dated September 22, 2000, lying East of C.S.X. Railroad property, South of Route 761, �1ARRISON d JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA 8K91JPG 1 336 West of PARCEL ONE above and North of the centerline of McCanns Road and other property owned by Grantor; and being a portion of "Tract One" conveyed to the Grantor herein by deed dated July 10, 1988 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 697, at Page 137. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty and to the following covenant which shall run with the land and be binding on the Grantee, its successors and assigns for the benefit of the Grantor's retained 98.7235 Acre parcel (depicted as Adjusted Tax Parcel 44-A-29 on the plat attached hereto) and be enforceable by the Grantor, its successors and assigns: The seventy-five (75) foot strip of land having its Western boundary being the line running from Point 19 to Point 18 on the attached plat and extending about one-third (1/3rd) of the way from Point 18 to Point 17 on the attached plat shall remain substantially as it currently exists as a wooded area (to serve as screening for the retained property), although the Grantee shall have the right to make limited, selective cutting of mature trees as long as said cutting does not materially affect the screening effect of the wooded area. The property conveyed hereby is subject to an agreement with the Frederick County Sanitation Authority dated March 21, 2000 and recorded in the aforesaid Clerk's Office in Deed Book 961, at Page 1152. Any payments made by said Authority pursuant to said agreement and/or any right to receive a percentage of the reliable yield of water produced, both regarding the property conveyed hereby, shall be distributed equally between the Grantor herein and the Grantee herein. - 2 - BK911 PG 1331 WITNESS the following signatures and seals: (SEAL) K. Benham, III, Trustee of the McCann Land Trust, pursuant to a Memorandum of Trust Agreement dated January 10, 1988 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 697, at Page 133 CRIDER & SHOCKEY, INC. OF WEST VIRGINIA �45 (SEAL) STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: The foregoinglinstrument was acknowledged before me this day of 2000, by H. K. Benham, III, Trustee of the McCann Land Trust, pursuant to a Memorandum of Trust Agreement dated January 10, 1988 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 697, at Page 133. My commission expire -(SEALr) :u>: "o(4TATt• OF AT LARGE, 61 CITY/eeuNTy- OF To -wit: The foregoing instrument was acknowledged before me this �R ATTORNEYS TER.JOHNSTON VIRGINIA RN A - 3 ` • • QK977PG1338 ter.(- day of 2000, by g n1 as of Crider & Shockey, Inc. of West Virginia, a West Virginia corporation, on behalf of said Corporation. My commission expires f 0 3 ,,,� 2-1�da-td Notary Public IARRISON & JOHNSTON I I ATTORNEYS AT LAW 4 WINCHESTER, VIRGINIA 0 DK866Pru 1 28 1 0 SJr� 15 M P, 0 M114 u u 41 U a° Dc 4 0 N v v w THIS DEED, made and dated this 27'^ day of September, 106, 'by and bct%vccr. ANNA B. McKEF, EXFCjlTRIX under the Will of MAE V. BAILEY-, Deceased, and ANNA B. MikEE. Individually, party of the first part, hereinafter called the GRANTOR; CW,F 6c SHOCKEY.INC OF WEST VIRGINIA, a West Virginia Corporation, party of the second part, heroinaftcr called the GRANTEE; LESTER W. ml Km husband of Anna B. McKee, party of the third part; and SHO . EY INDUSTRIES, INC., a Vir�inis Corporation, party of the fourth part. WHEREAS, Mae V. Bailey, as Grantor, and Shockcy Industries, Inc., a Virginia Corporation, as Optionce, entered into an Option To Purchase Real Estate dated Feb:,Lary 20, 19,95, whereby Shockey Industries, Inc. secured an option to purchase from Mae V. Bailer; the following tracts of land. Said Option To Purchase Real Estate is attached hereto as Exhibit "A," and WI7EREAS, Shockey Industries, Inc. has assigned its interest in said Option to Crider & Shockey, Inc. of West Virginia, a West Virginia Corporation; and WHEREAS, Mae V. Bailey died testate on March 20, 1996, and devised the optioned tracts of land to her daughter, Anna B. McKee. W TNE'.SETH: That for and inconsideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby w4mowledged, the Grantor does hereby grant, bargain, sell and convey with General Warranty of Title and English Covenants of Title, unto the Grantee, in fee simple, the following described tracts of land lying just North of Winchester and East of Route l l in Stonewall Magisterial District, Frederick County, Virginia: TRACT ONE: All that certain tract of land, containing 200 acres, more or less, lying South of and adjacent to TRACT TWO hereinbelow described, and just South of Highways 761 and 664 in Stonewall Magisterial District, Fralerick County, Virginia; and being the same property conveyed to Mae V. Bailey and O. R. Bailey, her husband, as joint tenants with right of survivorship, by Herbert S. Larrick, Special Commissioner, by Deed dated June 24, 1947, and recorded in the Cleric's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 200 at Page 581; and also by Deed In Lieu of Foreclosure dated October 21, 1994, from JJJA Associates, a Virginia General Partnership, of record in the aforesaid Clerk's Office in Deed Book 829 at Page 456. Upon the death of O. R. Bailey in 1962, Mae V. Bailey, as the surviving tenant, became the sole owner of the property. WRAC P ]we): All of that certain tract of land, containing 260 acres, more or Ion, fronting on the South side of Highways 761 and 664; LESS AND EXCEPT that certain .918 acre parcel and a non-exclusive easement of right of way across the adjacent existing lane to the Old Charlestown Road (Virginia Route 761) reserved by the Grantor herein, as shown and more w r C 8h866PGI2:8,2 particularly described in the: attached Boundary Line Adjustment of the land of Aruta B. McKee, dated September 11, 1996, by Mark D. Smith, Land Surveyor, and being all of the remaining propctty conveyed to Mai V. Bailey and Ora R. Bailey, her husband, as joint tenants with the,, right of . survivorship; by Deed dated November 6, 1947, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 203 at Page 32. Upon the death of Ora R. Bailey in 1962, Mae V. Bailey, as the surviving tenant, became the sole owner of said property. (The original property was 310 acres from which approximately 56 off conveyances have been made.) Included within the approximate 260 acres are Lots 2, 3, 4, 5, 6, 7, and 8 and the 50' Reserved Strip as shown and depicted on that certain plat and survey entitled "Subdivision of portion of Ora Bailey Farm" prepared by Richard U. Goode, C.S., dated November 4, 1947, and recorded in the aforesaid Clerk's Office in Deed Book 207 at Page 220. The land conveyed herein is conveyed in gross and not by the acre; it being intended that the Grantor convey all of the remaining real estate title which remains in Grantor's name and deriving from the source Deeds of Deed Book 200 at Page 581 and of Deal Book 203 at Page 32, except as expressly reserved herein. Mae V. Bailey died testate on March 20, 1996, and by her Will of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Will Book 108 at Page 968, site devised these two parcels to her daugh-cr, Anna B. McKee. Anna B. McKee was duly qualified as the Executrix of the Estate of Mae V. Bailey by Order entered March 28, 1996, of record in the aforesaid Clerk's Office in Will Book 108 at Page 969. Referrmce is here made to the aforesaid instruments and the attachments aad the references therein contained for a further and more particular description of the property hereby conveyed. The party of the third part joins in Utis Deed for the sole purpose of consenting to this conveyance and to waive any and all rights and claims he may have to including the herein described property in any augmented estate pursuant to Section 64.1-16.1 of the Code of Virginia, 1950, as amended. Further, the party of the third part specifically does not assume or agree to be bound by any of the covenants or warranties herein contained. The part}- of the fourth part joins in this Deed to evidence its assignment and conveyance to the party of the second part of its interest in and to the subject p, derty under and by virtue of the Option To Purchase Real Estate referenced herein. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way affecting the subject property. Except as noted above, the Grantor covenants that she has the right to convey said property to the Grantee; that she will execute such further assurances of title to said property as may be requisite; and that the Grantee sha!l have quiet and peaceable possession of said property, free and clear from all liens and encumbrances. • NVATNESS tho following signatures and scaly: Ri 66PG 1203 _ n« 13 `(� ` �/ _ _(SEAL) ANNA B. McKEE Individually and as Executrix under the Will of Mae V. Bailey, Deceased iZ'Z& ,�t (SEAL) LESTER W. MCKEE SHOCKEY INDUSTRIES, INC. By: (SEAL) J. n hockey, resident STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this 271 day of September, 1996, by Anna D. McKee, Individually and as Executrix under the Will of Mae V. Bailey, Deceased. Notary Public OF My Commission expires: r ISTA'FE OF VIRGD41A CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this 27' day of September, 1996, by Lester W. McKee, husband of Anna B.IM`cKee. r Notary Public '.1'e �Y ..u�� "� �-� My Commission expires: �� �_�'__�__,- _.._.__ -;�'--�__�_� __.. _[-r' '_r •-,-,.r• .�•_�_ •.i,i•,••�="•r•-_-^q Si - "a7:!T'r+--q �•n. � i:� •.• y6 V. 'L�•t•-i :��y'f; • ram•` r, . '•, •� 1 ,'_ ~, The foregoing instrument was acknowicdged before me this 27" (fay of, c tcnit)cr, by 3. Donald Sho-ckey, Jr., in his capacity as President, on belialf of Shockcy Industries, Inc., a Virg;nin Corporation. •4 Notary1996, - w. \ My • 1 i �0 ,� r • �. Y • •c• 1 i 2 • � T ' v• s I 4 ,fir • .r , � �y►Ql♦r.•...::�iiY�.LLL3!•. f-+t iLY ��i���2sv�.'aLu goUWPAFZ-( I--INE Ap'JU9TMENT of THE LANP of ANNA F.S. N1A'-'" KEF STONEWALL f715TKIGj" - FFZEPEIZI-IZ 6clul-IT'i, UIFG!1IIA SBPTEMBEfr- 10, 1996 SITt= v 57 pHFNSoN "It' lt9 K 1 1 VIGIMITI� MAF7 • 1 5G,�1-E : I" t Zorn' oWN�R'9 GCR•TIFIGAIT� TNCAFSoVF= AND Fo�IHG porJNG►'+R( LINE APJ1-159TMENT of THE I-AHP oP ' ANNA 15. MsKFsE F9 WITH THE FFLCE GoNSENT AMC, IN AGGofLggNGE WITH THE POWOEE4 t'F THE UNprp-SIGNED oN/NEfZS, PP`oPF1•IETof-S•• , AHPTP-USTCES/ IF AN-(. GBFZTIFIGA?� uF AGF�•NoW(r•EDGEMENT GITY/rU OF "MM,-t4WEAI-TH oP VIfP-r-INIA , To WI-f : ! THE FO"Gv!NG Pk�l F. eNT WA9 AGKNov`(LEDGeP 13E1`41fE ME TN I s _11-:t _ PA Y or I �� , 8 Y n 13 1, . No-rArY PUF'SLIG '' M (coF�llt1551oN EXPIRE�j �1�� �d �q9i c � gc.JV-VF-Y4' -'y GER•TIFIGATr-- I Hfr-El5y GEFLTIFY THAT TKE LANP GONTAIIJEb IN TH14 BoUNvAFr-Y LINE "i ADJUSTMENT K A PoIFLTIoN of `THE LANP e--NVE`(EP To ANNA a. Me-KEE "s SY WI" FATED JUNE 7, 1'906 AMP FLEGohPEP IN7HE FFz-EPEF'-FGFe i�oUHT( Imo, GauhTGI.E 'S OFFICE IN WILL Boo1C 119 AT PAGE 768 AND FUFLTNER =f l>r='9CP415CP IN A PEEP IN LIEU op FoFZCG!-o5UFLE pA E IT. r AND F'dLofLDED IN Aro�OSAID GLCp-K'S OFFIG6 Ih pL FC 7 IAGE 'f•5V AMP BEING A PoFLTIoN OFTFLAOT -01A A r T G l �. lZ MAFZK D. 5MI-rH , L.5. Zf,: TAX MAr A - 137 t Z7 Z ZdvNC. 11-A , U5C AGM. f FZES AFF'FIO VA rs�All ce FF*-EDfi V- Go. BplVl9 oN ApN1INI5TTe MARKI 0. SMITH • Greehwa+y N•.fellm liil WINV� HII--L LANC �1 ��I(��� WINGHC'<TEI,--, VIP-GINIA ZZ67- �bSUpHqL (yt�) -liar, 1 S•HeCT I oP 3 rR A SK866PG 1286 �`.�.; • � err VA. MTe, 7j.1 N - 77- -Z ,IAWe;WCCT WA5 TP,----L-P FP—M 1X:MA�f AWD If f-9lrL SITE FILCL-A'Tlcpf4 ar1es ept4 L-Y. --P HOT "rf-&FENT A FleL-t> . .% t W a 4—ILY - is, .-THI-P ARK WHe AC>JLJ-?TMF-t4T SMITU C:;r -r H L' I- A " P - F ANNA K Me-' K-EE $us I TZP H F, W A t;;'1'5 T Fw- 1 r--7 I&OW 415f-T. lel, 1776 Jul rzolgifice-r-1, '50ALAL 114 Predr-T 15;1 WINPY HII-L 'Pl4ffET;L-f- 3 VlPcGIWIA . 7. Z. (.v -tsar, �1MeA TABULATION T.1I.�h,f•}.A I'►7 o. Ire-t AG. i o. Z3'}• AG. TOTAL 0,':)10 AG, rM.*-I-+-A• 7.7Z Zbo,11jw AG.t To, TAL. z67,67b A.--- !I I.P.F. IPy o. I ' Q 1. r. F. .0 Ae-:P-E N I Mr- {LEE W W.B. IoDI tG. 76H b / K = zoNav: F-A /ob' n Ul e : Izes . U v 100��• R. � rRor6lLT`( LINES Tv or- VACATE p � �3� r1cRE — N w 201 �z , Mc. KHt• Z57 H"N6p ^ 08. PC. 11 PL 7G. `1GFcEs t � USE : ,1GIx (Hy, SUBT�1G7I,NM NING. O 5d I o0 —i gcAI.E IN FILET alb C to N ti W J d k V, u, I N' 13 K JA w• A'Qr0 to a m N J sr, BK866PG 1 281 lseraNtz P b 46 >s I. V. F. . � 1 w1 � �` J � r / m N / co I/ If ec ' T w r W ( tA : ti a lu n I,. m ki m' N J W IL �w p W Q' q 2 y 0 "tj o a.. lb kJ �I ti , tl 0,7 w N J ty r � I U zol 32 I (T'T.i L POST l9 ,Q-• 2 U Q J N w d. SMITH N 44Vo t.40 ,� Wk HNIN�NYY`` to I. r.5. 13 uNpAA t-1NE A DJU1rTME fti'T / OF THE'LANV of ANNA 13..M4i5-KEE STaNE WALL PlITMe- T' FFzEIxFZ�K GOcJHTY, VIKGIN1A sG.1l-L' I"• 50' SEPT. lo, 17�b • Gree,tway En9iNcerin� 151 WINDY HRA- LANE �iHae j 3 op 3 WINGH67TCK, VIFGINIA ZL6oL 0 0 N 1-4 0 I'D N N I v a� A. USE .,4 Li N U W u v F-1 9 u L^ N ,-1 4-4 00 U I 16 u b � v v `" HARRISON L JOHNSTON ATTONOtTL AT ur •IMCM95191. V10610IA QK697Pc137 /Q, fit, THIS DEED, made this day of July, 1988, between Harry L. McCann and Florence K. McCann, his wife; Ruth Milhollen, widow; Dorothy McC. Rice, widow; Isabel M. Calkin, widow; and Thomas K. McCann, widower, of the one part, hereinafter called the Grantors, and If. K. Benham, III, Trustee of the McCann Land Trust, pursuant to a Memorandum of Trust .Agreement dated January 10, 1988 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 62, at Page, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of those three (3) certain tracts of land described as follows: TRACT ONE: All of that certain tract of land, containing 141.17 Acres, more or less, lying Southeast of Route 11, Northeast of Route 838, Northwest of Route 662 and Southwest of Route 761 in Stonewall Magisterial District of Frederick County, Virginia; and being the same property devised by Will of James K. McCann probated October 16, 1918 in-1hei Offi.ce-of the I Clerk of the Circuit Court of Frederick County, Q Virginia in Will Book 46, at Page 104 to his I five (5) children, who were living at the time of his death, being Harry L. McCann, Thomas K. McCann, Dorothy McCann Rice, Isabel Calkin and Ruth Milhollen, the Grantors herein; LESS a small off conveyance for the widening of Route 761 to the Commonwealth of Virginia by deed dated May 14, 1974 and recorded in the aforesaid Clerk's Office in Deed Book 432, at Page 366. -- P 0 0 HARGIfON L JOHNSTON AIIONN[11 AT LAW •IN CNItTf t, 11N SIN IA BK697eG138 TRACT TWO: All of that certain tract of lard containing 281.74 Acres, more or less, lying Southeast of Route 662, North of TRACT THREE hereinbelow, South of Route 761, East of Route 662 and West of property formerly owned by Mae V. Bailey and now owned by JJJA Associates in Stonewall Magisterial District in Frederick County, Virginia; and being the same property conveyed to James K. McCann by three separate deeds, the first Frain Jeremiah Hanshaw and wife by deed dated November 22, 1875 and recorded Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 92, at Page 302, the second from Jacob Yost, et al, by deed dated February 191881 and I re6 orded in the aforesaid Clerk's Office in Deed Book 96, at Page 241 and the third frorn I Anna Haldeman by deed dated November 20, 1886 and recorded in the aforesaid Clerk's Office in Deed Book 111, at Page 429 and further being the same property devised by Will of James K. McCann probated October 16, 1916 in the aforesaid Clerk's Office in Will hook 46, at Page 104 to his five (5) children, who were living at the time of his death, being Harry L. McCann, Thomas K. McCann, Dorothy McCann Rice, Isabel Calkin and Ruth Milhollen, the Grantors herein, LESS a small off conveyance for the widening of Route 761 to the Commonwealth of Virginia by deed dated May 14, 1974 and recorded in the aforesaid Clerk's Office in Deed Book 432., at Page 366. TRACT 'THRE:F: All of that certain tract of land, containing 83.7523 Acres, more or less, lying East of Route 662, South of TRACT TWO hereinabove, West of property formerly owned by Mae V. Bailey and now owned by JJJA Associates and North of 184.2477 Acre tract of land ior:nerly owned by Harry L. McCann and now owned by JJJA Associates in Stonewall Magisterial District of Frederick County, Virginia; and mbeing the same property conveyed to James K. McCann by two separate deeds, one from Elizabeth Mulvehill by deed dated January 30, 1893 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 111, at Page 112 and the other from R. N. Beatley, et al, by deed dated April 20, 1895 and recorded in the aforesaid Clerk's Office in Deed Book 114, at Page 121 and further being the same property devised by Will of James K. McCann probated October 16, 1918 in the aforesaid Clerk's Office in Will Book 46, at Page 104 to his five (5) children, who were living at the time of his death, being harry L. McCann, Thomas K. McCann, Dorothy McCann Rice, Isabel Calkin and Ruth Milhollen, the Grantors herein. - 2 - `I 1 m �7r�ml))rJtlr1 � r•i �l rl•t c�� MIX. ) Y 1•� •G ,i J. . r . 1. .. c � n �-• . i)I•t 1 r v 1 :l .J.. ,, • AI +[a7.C•1�1'� I.r��. t•t i i i miumnjm.. rt) r•1 111- ..i � . l-) a rnl— u) 1• ; ' .war r)n .•, r n O'•1 r. 1~I, nii In In-r.=Ir,m Ic Irll.l^• rll ri i.., :P :b .._ 1•nrl 1 �. Ir rUlu 1 ' rn, n o ,t 111 rt O ,I ) i / O C n z a Frederick County Treasurer's Office 107 North Kent Street ( Physical Address ) Important Dates Jan. 2 Motor Vehicle Decals go on sale Jan. 31 Dog Tags are due Feb. 15 Motor Vehicle Decals are due Mar. 1 Business License must be filed with the Commissioner of the Revenue Apr. 1 Business License must be paid to the the Treasurer's Office June 5 First half taxes due Personal Property Real Estate Sanitary District Street Lights Nov. 1 Dog tags go on sale Dec. 5 Second half taxes due Personal Property Real Estate Sanitary District .Street Lights other due dates as billed by the Comm. of Revenue Questions about vehicle values, or other assessment the Commissioner of the Revenue at questions contact (540) 665.5681 Mailing Address C. William Orndoff, Jr. Treasurer P. O. Box 225 Winchester, Virginia 22604-0225 We are now located in the new building. Suite 100 Treasurer's Office Hours rdonday thru Friday 8:30am to 5:00pm (extended hours will be offered prior to Feb. 15, June 5, and Dec. 5 for your convenience) For any cpiest.ions pertaining to payments call the Treasurer's Office at (540) 665-5607 T A X R E C E I P T - Y E A R 2 0 0 0 COUNTY OF FREDERICK C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 2000 REAL ESTATE TAXES 141.17 ACRES 44 A Acres: Land: 77177 Imp: BENHAM, H.K. III TRUSTEE PO BOX 809 WINCHESTER, VA 22604 0809 Ticket #:00019860002 @@- Date 5/06/2000 Register: CJO/CJ Trans. #: 20748 Dept # RE200002 ACCT# 8902 Previous Principal 40 Balance $ 260.40 141.17 Principal Being Paid $ 4200 Penalty $ Interest $ .Amount Paid $ *Balance Due as of 5/08/2000$ 260.40 .00 .00 260.40 Pd by BENHI�M, H.K. III TRUSTEE Is ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) Frederick County Treasurer's Office 107 North Kent Street ( Physical Address ) Important Dates I Jan. 2 Motor Vehicle Decals go on sale Jan. 31 Dog Tags are due Feb. 15 Motor Vehicle Decals are due Mar. 1 Business License must be filed with the Commissioner of the Revenue Apr. 1 Business License must be paid to the the Treasurer's Office June 5 First half taxes due Personal Property Real Estate .Sanitary District street Lights Nov. 1 Dog tags go on sale Dec. 5 Second half taxes due Personal Property Real Estate .Sanitary District .Street Lights other due dates as billed by the Comm. of Revenue Questions about vehicle values, or other assessment Commissioner of the Revenue at questions (5401 contact the 665-5681 Mailing Address C. William Orndoff, Jr. Treasurer P. O. Box 225 Winchester, Virginia 22604-022.5 We are no -it, located in the new building. Suite 100 Treasurer's Office Hours hfonday thru Friday 8:30am to 5:00pm (extended hours will be offered prior to Feb. 15, June 5, and Dec. 5 for your convenience) For any questions pertaining to payments call the Treasurer's Office at (540) 665-5607 T A X R E C E I P T - Y E A R 2 0 0 0 Ticket #:00019860001 @@- COUNTY OF FREDERICK Date 5/08/2000 C. WILLIAM ORNDOFF, JR Register: CJO/CJ P.O. BOX 225 Trans. #: 20748 Dept # RE200001 WINCHESTER VA 22604 ACCT# 8902 2000 REAL ESTATE TAXES ---_,_ Previous Principal 141.17 ACRES C!44 A 40 _� Balance $ 260.41 -c Principal Being Paid $ 260.41 Land: 77177 Imp: 4200 Penalty $ .00 Interest $ .00 BENHAM, H.K. III TRUSTEE Amount Paid $ 260.41 *Balance Due PO BOX 809 as of 5/08/2000$ .00 WINCHESTER, VA 22604 0809 Pd by BENHAM, H.K. III TRUSTEE is ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) Frederick County Treasurer's Office 107 North Kent Street ( Physical Address ) Important Dates I Jan. 2 r•totor Vehicle Decals go on sale Jan. 31 Dog Tags are due Feb. 15 Pfotor Vehicle Decals are due Mar. 1 Business License must be filed with the Commissioner of the Revenue Apr. 1 Business License must be paid to the the Treasurer's Office June 5 First half taxes due Personal Property Real Estate Sanitary District Street Lights Nov. 1 Dog tags go on sale Dec. 5 Second half taxes due Personal Property Real Estate .Sanitary District .Street Lights Other due dates as billed by the Comm. of Revenue Questions about vehicle values, or other assessment Commissioner of the Revenue at questions contact the (5401665.5681 Mailing Address C. william Orndoff, Jr. Treasurer P. O. Box 225 Winchester, Virginia 22604-0225 We are now located in the new building. Suite 100 Treasurer's Office Hours Monday thru Friday 8:30am to 5:00pm (extended hours will be offered prior to Feb. 15, June 5, and Dec. 5 for your convenience) For any questions pertaining to payments call the Treasurer's, Office at (540) 665-5607 T A X R E C E I P T - Y E A R 2 0 0 0 Ticket 4:00019850001 @@ COUNTY OF FREDERICK Date 5/08/2000 C. WILLIAM ORNDOFF, JR Register: CJ0/CJ P.O. BOX 225 Trans. #: 20748 Dept # RE200001 WINCHESTER VA 22604 ACCT# 8893 2000 REAL ESTATE TAXES Previous Principal 97.50 ACRES 44 A 31 Balance $ 295.68 Acres: Principal Being Paid $ 295.68 Land: 66000 Imp: 26400 Penalty $ .00 Interest $ .00 BENHAM, H.K. III TRUSTEE Amount Paid $ 295.68 *Balance Due PO BOX 809 as of 5/08/2000$ .00 WINCHESTER, VA 22604 0809 Check 1112.17 * lU 26302 Pd by BENHAM, H.K. III TRUSTEE 0 ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) Frederick County Treasurer's Office 107 North Kent Street. ( Physical Address ) Important Dates Jan. 2 Motor Vehicle Decals go on sale Jan. 31 Dog Tags are due Feb. 15 1•totor Vehicle Decals are due Mar. 1 Business License must be filed with the Commissioner of the Revenue Apr. 1 Business License must be paid to the the Treasurer's Office June 5 First half taxes due Personal Property Real Estate .Sanitary District .Street Lights Nov. 1 Dog tags go on sale Dec. 5 Second half taxes due Personal Property Real Estate Sanitary District Street Lights Other due dates as billed by the Comm. of Revenue Questions about vehicle values, or other assessment questions contact the Commissioner of the Revenue at (540) 665.5681 Mailing Address C. William Orndoff, Jr. Treasurer P. O. Box 225 Winchester, Virginia 22604-0225 We are now located in the new building. Suite 100 Treasurer's Office Hours Monday thru Friday 8:30am to 5:00pm (extended hours will be offered prior to Feb. 15, June 5, and Dec. 5 for your convenience) For any questions pertaining to payments call the Treasurer's Office at (540) 665-5607 1 ti T A X R E C E I P T - Y E A R 2 0 0 0 COUNTY OF FREDERICK C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 2000 REAL ESTATE TAXES 97.50 ACRES Land: 66000 BENHAM, H.K. III TRUSTEE PO BOX 809 WINCHESTER, VA 22604 0809 Ticket *:00019850002 @@ Date 5/08/2000 Register: CJO/CJ Trans.: 20748 Dept # RE200002 ACCT# 8893 Previous Principal 44 A 31 Balance $ 295.68 Acres: 97.50 Principal Being Paid $ 295.68 Imp: 26400 Penalty $ .00 Interest $ .00 Amount Paid $ 295.68 *Balance Due as of 5/08/2000$ .00 Pd by BENHAM, H.K. III TRUSTEE • ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) Date: 9/26/00 COUNTY OF FREDERICK T i rii e : 15 :14 : 40 . • EVELYN RUTHS 1 � 000009167 Cust.Transactions: Trans. Type: PAY Dept/Bill#: RE2000 00065720001 P/I Date: 9/30/2000 9/30/2000 Nariie : CR ID ER & SHOCK E Y OF WUA Bill Date: 6 /06 /2000 Half': 1 Nai,ite 2 : Address: Map#: 44 A 292 PO BOX 2530 MMMMMDDSSLLLLS WINCHESTER, VA Acreage: 259.88 Zip: 22604 - 1730 Mortg.Co.: Desc: 259.88 ACRES SSN: 000 - 00 - 0000 000 - 00 - 0000 Land: Original Bill: Penalty Paid: $406,300 $777.42 $.00 Date Tie Drawer 6/06/2000 CHG 610712000 PAY LBx Iiiprove: Credits: Int Paid: Status : $104,000 $777.42 $.00 Use: D i scau11 t : Last Date: Trans # Check NW'iiber Trans. ArI QUIT t $777.42 57873 FM 266622 $777.42CR $138,944 $.00 6/07/2000 Ba lance $777.42 $ . 00 -------------------------------------------------------------------------------- F3 = Ex i t F 13 = Coriiriien is /Va I Lie /Reflund Reason Date: 9/26/00 COUNTY OF FREDERICK T iriie : 15 :14:49 W-71 EVELYN RUTHS 000009168 CuSt.Transactions: Trans. Type: PAS' Dept/Bill#: 11E2000 00065710001 P/I Date: 9/30/2000 9/30/2000 Nwiie: CRIDER & SHOCKEY INC OF WVA Bill Date: 6/06/2000 Half: 1 Nariie 2: Address: Map#: 44 A 293 PO BOX 2530 MMMMMDDSSLLLLS WINCHESTER, VA Acreage: 200.00 Zip: 22604 - 1730 Mortg.Co.: Desc: 200.00 ACRES SSN: 000 - 00 - 0000 000 - 00 - 0000 Land: Original Bill: Penalty Paid: S to tuS $300 , 000 Iriiprove : $0 $303.04 Credits: $303.04 $.00 Int Paid: $.00 •loll FRrIlIrm gill � Use: D i Scour1 t : Last Date: Date Tie Drawer Trans # Check NLRiiber Trans. ArII0LJtI t 6/06/2000 CHG 6/07/2000 PAY LBx 57873 FM 256622 $303.04 $303.04CR $94,698 $.00 6 /07 /2000 Balance -------------------------------------------------------------------------------- F3 =Exit F 13 = COriuiien is /Va I Lie /Ref land Reason n r� Date: 9126100 • EVELYN RUTHS Trans. Type: PAY Dept/BiII#: Nwiie: SHOCKEY/DULLES, LC Nwim 2 : Address: PO BOX 2530 WINCHESTER, Zip: 22604 - 1730 Desc: 184.25 ACRES Land: Original Bill: Penalty Paid: VA Acreage: Mortg.Co.: SSN: $418,500 $236.03 $.00 Date Drawer 6/06/2000 CHG 6/07/2000 PAY LBX Trans # Iriiprove : Credits: Int Paid: Check Wffiiber 57874 FM 266524 S to tus $0 $236.03 $ .00 COUNTY OF FREDERICK T i rile : 15 :13 : 48 000029941 CLISt.Transactions: RE2000 00291030001 P/I Date: 9/30/2000 9/30/2000 Bill Date: 5 /06 /2000 Half: 1 Map#: 44 MMMMMDDSSLLLLS 184.25 A 31A Use: D i scour/ t : Last Date: Trans. A1'110u1t $236.03 $236.03CR $73,760 $ .00 6/07/2000 Balance $236.03 $.00 -------------------------------------------------------------------------------- F3 = Ex i t F 13 = Corm-iien is /Va I Lie /Ref'«nd Reason r I L 1 I�aa� 1 _ 655 �D ���• 655 650 650 645 645 IL- 640640 - --- -- - U� 1 ; _ 655 -635 I , lu 6 630 3 _.._, Ilk 625 yam' � i O 625 ! 625 620 `. 1� �✓ t (02041. Q `� 615 i s ' t 615 E, r- 610 ~ _ 610 605 F i 605 U U : . c 5q5 3 ' 5q5 0 -1 5qO i5010 �5 i + ( f i 555 5LY, W Q bO r t _ 5 575 I � i._ __.. ;.. � _.._ 5i5 0+00 1+00 2+00 3+00 4+00 5+00 6+00 -1+00 6+00 q+00 10+00 11+00 12+00 13+00 14+00 15+00 1(9+00 1i+00 Ib+00 Iq+00 20+00 21+00 22+00 23+00 24+00 25+00 26+00 21+00 2b+00 M/LBUr9N )9D. )9TE. 662 CL A' DATE: 11/16/00 SCALE: 1 "-200' DESIGNED BY: HDS JOB NO, 2760 SHEET 1 OF 1 L c� z r+- 41 O ODW ip Z N d I m 0 N N Z C — A 0 o, 1O rn = s a04 Q = LnN 3 cZ W o W � r r- CL W U o >c f� c F P h A L Lp 5 v O u � c w U1 F- , R, �? E; DATE: 11/16/00 SCALE: 1"=200' DESIGNED BY: UDS JOB NO. 2780 SHEET 1 OF i cD z aE LL_1 (LA-i 0 � Z N y _ N Go Z C O (O 14 LLJ o rn cj Q = 5 Lr) 04 n L—i u a Lc) Fz c o x ANO O oWo S m T Y C m c c z 7 W (n 4 r^ V 1 U 124 0-4 z co L'3 c ` q L4 7 WCam/] �D O Q DATE: 11/15/00 SCALE: 1 "-200' DESIGNED BY: 1mS JOB NO. 2760 SHEET 1 OF 1 07/20/2001 13:44 54OG783457 SBI DOIJ SHOCKEV .0 THE SHOCKEY COMPANIES P. O. BOX 2530, WINCHESTER, VIRGINIA 22604.1730 July 20, 2001 (540) 667-7700 FAX (540) 665.3211 Mr. Michael McMillan, President VISION P.O. Box 683 Winchester, VA 22604 Dear Mr. McMillan: PAGE 01 Thank you for your letter of July 9, 2001. After carefupy considering your proposal, we must respectfuUy decline your invitation to engage in a debate on The Shockey Companies' pending application for rezoning in (sic) Stephenson's Depot, VA. As you are aware, The Shockey Companies have fully and repeatedly provided to both the Frederick County Planning Commission and the Frederick County Board of Supervisors all information and data pertaining to this application and will continue to do so. This information has been provided in various public filings, hearings, and through various media forms. While we have extensively amended the proffers and are in the process of doing so again, we are unaware of any area of compromise put forth by the organization, Frederick County Voters with Common Concerns, for which you propose to sponsor a debate. The aforesaid organization has consistently expressed its position that The Shockey Companies' application should be denied in its entirety. (See The Winchester Star, June 2, 2001, "Supervisors Deny Conflict of Interest," — Marie Straub's quote — "We'll do just about anything we can to keep it from going through.") I also refer you to Steve Cunningham's Open Forum article in The Winchester Star, July 13, 2001 where he refers to the opposition using techniques "to try and stir up the rhetorical debate and confuse the issues." Thus, under these auspices there is no basis upon which a meaningful and fair debate could be conducted. Sincerely, J. Donald Shockey, Jr, CEO Cc: Members of the Board of Supervisors, Mr. John T. Riley, Mr. Chris Tierney, Mr. Evan Wyatt, The Winchester Star, Northern Virginia Daily, Quad -State Business Journal, WINC TNI /AIIINGN 0l CHOICE c-D z E2 Lai o m L -i Cp z N a _ N 1 03 z c E YN7 A J •o to c =y g^ z_ c% �g o n� W C x o � c C '� n P O 0 S m y C m o �: c C 7 3 W to 4 1 bbo 650 645 655 630 625 _ 620 (915 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+0O q+00 10+00 11+00 12+00 13+00 14+00 15+00 16+00 17+00 18+00 19+00 20+00 21+00 22+00 AMBURN RD. RTE.'662 CL D' DATE: 11/15/00 SCALE: 1"-200' DESIGNED BY: 1mS JOB NO. 2780 SHEET 1 OF 1 S _. 0 Frederick County Voters with Common Concerns P.O. Box 2491 Winchester, VA 22605 June 11, 2001 Evan Wyatt/Director Planning Department Frederick County 107 N. Kent St Winchester, VA 22604 Dear Evan, RECEIVED JUN 1 1 2001 DEPT. OF PLANNING/DEVELOPMENT Attached is information pertaining to one acre of land which is owned by the United Methodist Church. It appears as if there has been some boundary confusion, but what is clear is that Mr. Shockey has inadvertantly submitted a request to rezone a piece of land which is not owned by him. I understand you were provided with this information last Friday. Please advise how the Planning Department will handle this? Thank You, A f- Y�ICL- A, Gina A. Forrester (540) 722-9509 i • Save Stephenson Crider and Shockey of West Virginia has filed an application to rezone 400 plus acres from agricultural land to Iight and heavy industry that will destroy the proposed Milburn Rural Historic District and the Stephenson Depot Battlefield. This land is situated in Stephenson, Frederick County, Virginia. The Board of Supervisors has ignored a 1997 study that identifies this area as a national historic treasure. Included in the boundaries for the proposed district are The Milburn Chapel Site and Cemetery found eligible for the National Register of Historic Places & Land Mark Register by National Register Evaluation Team. "It is significant under criterion A for its links with the rise of a specific religious group the Methodist". Both the Second and Third Battle of Winchester were fought on the door steps of the chapel and cemetery. The site of the chapel and the cemetery were bequeathed to the Methodist Church by John Milburn in 1813 ` documentation book 60 page 402 `ONE ACRE DEVISED BY JOHN MILBURN, DECEASED TO THE METHODIST EPISCOLPAL CHURCH ICLUDING THE MEETING HOUSE AND BURYING GROUNDS" Emmanuel Church now cares for the cemetery. On June 12, 2001 our board of supervisors will vote on the rezoning of this land from agricultural use to industrial use. The Rt. 37 Environmental Impact statement released in April of 2001 states that "if this land is rezoned the historic district will cease to be a historic site". This will directly effect the Methodist cemetery and chapel sites eligibility for The Register of Historic Places Land Mark Registry and pennanently degrade its value forever. On February 16, 1999 our county signed an agreement with the federal highway administration and the Virginia State Historical Preservation officer to protect this area.. Currently, there is an appeal filed with the Supreme Court that would have our county return to the comprehensive land plan to include the Milburn Historic District in the Planning stages. Despite the law suit our board of supervisors press forward with the rezoning. As Coordinator of Church & Society for Council on Ministries for the Winchester District United Methodist Church, I will encourage the church to join the lawsuit through a Friends of the Court Brief. I would also encourage the members of the Methodist church to attend the public hearing on Tuesday June 12, at 6:00 pm. and speak out against this travesty. We cannot stand idlely by and watch our heritage be destroyed. PA l" �� C C N ENO U i=� FI<G-I : h!"1. Jun 1 =001 F'1 CREENWAY ENGINEERING 151 Windy Hill Lane. Winchester, Vlrguva 22602 F,�raxt in ;, T RA N S M_ I T J` A L Project Name: Milburn Cemetery info. File No.: 2760 --- pate; 6/11/01 To, Frederick Co. Planning Dept. Attn. F van Wvatt -_ion Vr'inchester, VA 22601 'tiitt fax ortly: 678-0682 S pages total Remarks: f ' Urtgcw r For Yotir Review From: Richard A. Edens GREENWAY ENGINEERING :Phone; 54.0-662-4185 Fax: 540-722-9S28 Email: redens@greenwayeng.com f ' As You Requested r Resubmitted Evan, Here's a copy of the letter with attachments we received Friday. The sketch included is a fair representation of what is described in the will in WB 9 Pg 220. The last words Mark and I had regarding tltis matter Friday were; that he would draft a (otter in response to it and we would correct rhe. problem. Feel free to call should you have any questions or comments regarding llus matter. Sincerely, Rich Engineers Surveyors Telephone. 540-662-4185 FAX 540-722-9528 www.Kreenwttyeng, e0111 FGC') �f-0; h10. 1 ur i 1 _'Ol7.l 72: G 1 PII P2 rrrr)cz►:,UEl 2732 kiart'inSLuq Pike Stepl)ellSotl, Virg "Ma 22656- 1712 PnonL, '540; 662-'2ci9 Janie 8, 2001 Mark D. Snuth Orcenway Engineering 151 Whidy flill Lane Winchester VA 22602 Dear Mr, Stnith: Fax: (.,40) 662-G348 f am comnumical.ing to you ttg representative of'the. Board of1'rusi s Yor En-unanuel United Methodist Church in Stephenson. Emmanuel United Methodist Church is the owi- at the lot commonly referred to as the Ivlilburn Chapel and Cemetery lot. This lot was devised to the churelt by Johrt Milburn as recorded in Frederick County Wills book 9, Page 220. It came to our attention this week that a deed trwisfL-r t'rorn McCann Land 'Trust to Crider and Shockey, dalaxl Septerlber 22, 2000 for land which includes this lot. has a plat note stating, "A LOT CONTAIN NG ONE ACRI' DEVISED BY JOT -IN M11.J3URN, DECEASED TO THE 1NIF,THODIS C EPISCOPAL CI-IURCI.1 IN'C'L.UD[NU THE MEE1'17�i<:� HCJUSE AY�D BURYING GRC)UNl: HOWEVER NO :FLIRTFILR DESCRJPTION- OF y.r'1ID LOT COULD BE FOIJND OF R.ECORD AND AS SUCH TIDE BOUNDARMI 'S OF SAM LOT Con]) N'O'T BE 17t "I'Eltl��I1�TEI), NO FIELD EVIDENCE, OF 1 ROSSESSION BEYOND TIU.-, LMETS OF SYV.0 STONE FE,NC.E 1� :AS OBSERVED AT THIS DATE. Tfli; ARf-A ENCLOSED WITHIN 'JM f"ENCE, IS APPRO; q, NL,1 ,l,Y 0,34 ACRE." It is our concerti that you have given the new owner, Crider and Shockey, the impression that they now own the portion of this lot nuot contains d within the cen-tetery itself: This Beard of Truste,�;s in deternuuation to dispel this possibility lifts adopted a resolution affirming E-pi=niuel United Methodist Church's ownership oftlie. fill I cure of land. In addition of FDB 60/page 402, mid FWD y()u will find other past deed transfers lnvolvi-ne th1S lot in FDL 81/page 302, FDB 83/page 145, FDB 88/page 444. and FDB 105/page 424. FRO'1 • FA>: t 0. 'ur ,�1 'IJ01 02: h kohl P We feel it is incumbent upon Crree"MV Engineering to c;otrcet tli(: recc)rds, so as to reflect the boundaries a-s.John Milbtirn willed them to bo. We ask you to do tlris without delayws we :3ffe fiirther concerned that the eurroltt (jovelopment plannin may riot agee -kvith the title boundaries. If You need to contai l someone in person, you may call 662-1269 at the church. Leave a message with the receptionist or nxssage recorder, attd either rnyseLs, Pastor Larry Cl�:rk, or }Joax(I of Trustees Chnu•; Richard Demorist will br,, able to get back to you in short order. Attached }ou will find a copy of John Milb)jrn's Last Will & "l c-Aurnent, our concef)tual (jrra«rind; of' the lot, and a copy of the plat notes t-eferemed atx)ve,. Thank- yo"1, Ito hert T. Neilson, Yr. Board of Tru.,tees Errun,uluel L' 1MC, Stephenson RTW/nL% Cc: Rebecca P, Hogan, Clerk .Evan A. Wyatt, Subdivision Administrator Members_ Ermn,umel. UMC Board of Trustues Daniel Friend, Winchester SUU FROM : 0 FAX NO. . .?urt 200:1 02:13-?P[11 P4 From the last Will & Testiment of John Milburn, III Frederick County Will Book #9 Page 220 "I give and bequeath to the Methodist Episcopal Church of the land whereon I now live, one acre to include the Meeting house and graveyard and boundries as follows towit Beginning at the cornerof the south end of the graveyard near the run in the lane and thence North sixteen poles on the line with the lane and in width 10 poles." Representation of runs is Beginning grossly approximate Point of Reference 16 poles = 264 feet 10 poles = 165 feet Total area: 264 feet by 165 feet = 43,660 sq. ft. (1 acre) l Not to scale e-" e;nerg e 1,-'A o /-I'j - -i4--deo, T*-l- dIV-W,..,.. Z�///del'ea r A�f 42 Teo'. Lt r C', C., a! 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L-. ,. : 1 6 02; 05PH F' r I�rr»�r��.nrrrw.i EXISTING AREA OF T.M. 44-A-31 (BY SURVEY) 96.2884 ACRES PLUS PORTION OF T.M. 44--A--29 ADDED (BY SURVEY) t 176.9536 ACRES ADJUSTED AREA -• 273.24?.1 ACRES .1 • M-14-A-.2$ £XISIRAIG AREA OF T.M. 1--A--29 (BY SURVEY) m 27.2..9345 ACRES LFS.5 PORTION ADDED 10 T.M. 44-A-31 (BY SURVEY) _-176.9536 ACRES PLUS PORTION OF T.M. 44-A-40 ADDED (BY SURVEY) = 4- .2.7426 ACRES ADJUSTED Mt A - 98.7236 ACRES r.M. !Ft.7d=fl9 EXISTING AR&I OF T.M. 44•-A-40 (PER DEED) = 141. 17 t ACRES LESS NEW TAX PARCEL 44--A-40A (BY SURVC:Y) _ --P0.1062 ACRES LESS PORTION ADDED TO T.44. 44 A--29 (BY SURVE r) _ - _2.7426 ACRES REMAINING AREA WEST OF C.S.x, R.IILRGUD = �9e.32 t ACRES T k1. 44 -A -25 T.M. 44-A-39 HARRY L. McCANN ESTATE HANKY L WCANN ESTATE SEE WILL BOOK 109 PG 1110 �� SEE WPI_L BOOK 109 PG 1110 ZONE:. RA SEE ALSO OB 191 PG 402 & D6 91 PG 173 USE: AGRICULTURAL ZONE: RA USE.- VACANT ��V THE 60UNLWPY INI•'ORkOWON SHOWN HF.RE014 IS BASED ON A CURRENT FIELD SURVEY BY THIS FRM. NO TITLE REPORT FURNISHED. EASEMENTS MAY F'XIST WHICH ARF. NOT SNOIVN. SFE SHEETS 5-9 FOR METES AND BOUNDS D£:SCRIPTIONS OF THE PARCELS AS ADJUSTED HEREIN. INCLUDED 149THIN THE BOUNDS OF' THE TRACTS S11OWN HEREON IS A LOT PURPORTED TO CONTAIN ONE ACRE, MORE OR LESS, WHICH WAS THE SITF OF' THE MLBURN AUWNG HOUSE" THE LOCATION OF THE' STONE' FENCE SURROUNDING THE 'UILBURN CEMETERY' IS SHOWN HEREON, HOWEVER NO £V)DENCF. OF THE .41EE77HG HOUSE LOCATION COULD BE DETfRMINf.D BY FiEI.D INSPECTION. A DEED OF RECORD IN DEED BOOK 60 AT PAGE 402 CONTAIMS AN EXCEPTION FOR A LOT CONTIUNING ONE ACRE DEVISED BY JOHN MA..BUh'N, DECEASED TO THE METHODIST EPISCOPAL CHURCH INCLUDING WC VffThVG HOUSE AND BURYING GROUNDS," HOWEVER NO FURTHER DESCRIPTION OF SAID LOT COULD BE FOUND OF RECORD AND, AS SUCH, THE•' BOUNDARIES OF SAID LOT COULD NOT BE DETERMINED. NO FIELD EVIDENCE 0I•` POSSESSION BEYOND THE' LIMITS Of' SAID STONE FENCE WAS OBSEMO AT THIS 0,17E THE AREA ENCLOSED WITHIN SAID FENCE IS APPROXIMATEI Y 0,34 ACRE. FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND MINOR RURAL. SUBDIVISION 017 THE LANDS OF McCANN LAND TRUST STONEWALL UAGISTER)AL DISTRICT, rREDER1CK COUNTY, VIf~.GINIA SCALE: N A--_�hTE: SEPrElfflER 22, 2000 151 Brody frdl Lan/s IirrKt»narr8 "ichW. er, hLs1a 22602 Siauep= Tile (540) 662-4185 PAY- (.W) =4528 Fowrrdart in ]S'11 F.-maib xrsixaay( +1tn�L1+11ccc>a► FRCA-I FA:=: Nu, 03: i,c.F,rl Fa .f rC NNSSrl'xROAD OpIEtIC �g95 \ / .SO' PRESCRIPTIVE" R11VEA 62 5n7 60 61 SF, 54 64 0 51 °s rfl�.� 4 �`�• Ci z/ Z J 89 2.2 2 1 ��15R� � Wk,�� g 28 7J �„ x j<; (J)U tw o � 1,771 2 io 31 32 35 / ADJUSTED `� 6 TAX PARCEL 44-A-31 273.2421 ACRES 1 �2Y Pam` .ac4y yF �ngV _ — ar?L r )WI.DINO RESTRICTIONUN£ PER 70NING ORDINAW E u CENTERLINE OF Ra DWAY 41 R/W = RIGHT OF WAY CRIDER & SHOCKEY, INC. OF WEST VIRGINIA D8 866 PG 1281 (TRACT TWO) 500 0 500 ZONE: RA USE. AGRI. GRAPHIC STALE (1N FEET) FINAL. PLAT FOR E30UNDARY LINE ADJUSTMENT AND MINOR RURAL SUBDIVISION OF THE LANDS OF McCANN LAND TRUST STONEWALL MAGISTERIAL DIS TRICT T,, FREDERICK COUNTY, VIRGINIA SCALE: 1" - 50n'V__•J_D�'[E: 3RPTEUDER 22, 2000 GREENWA►Y ENGINEERING rs1, F�rgt2bSrY �"�ze F� l�1 rza-s►ss� FowWed tx 19.71 F-txafl kr.»tx�ay�vltuallbik rcxwn MARK D. SMIT}I a No.002009 su F2'760 SHE01' 3 OF 10 . CmmcLjzZc�L �LYLL�E� �J V 1E�12OCLL�,� �l2ZL'LC12 2732 Martinsburg Pike Stephenson, Virginia 22656-1712 Phone: (540) 662-1269 Fax: (540) 662-0346 June 8, 2001 Mark D. Smith Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Dear Mr. Smith: I am communicating to you as representative of the Board of Trustees for Emmanuel United Methodist Church in Stephenson. Emmanuel United Methodist Church is the owner of the lot commonly referred to as the Milburn Chapel and Cemetery lot. This lot was devised to the church by John Milburn as recorded in Frederick County Wills book 9, Page 220. It came to our attention this week that a deed transfer from McCann Land Trust to Crider and Shockey, dated September 22, 2000 for land which includes this lot has a plat note stating, "A LOT CONTAINING ONE ACRE DEVISED BY JOHN MILBURN, DECEASED TO THE METHODIST EPISCOPAL CHURCH INCLUDING THE MEETING HOUSE AND BURYING GROUNDS. HOWEVER NO FURTHER DESCRIPTION OF SAID LOT COULD BE FOUND OF RECORD AND AS SUCH THE BOUNDARIES OF SAID LOT COULD NOT BE DETERMINED. NO FIELD EVIDENCE OF PROSSESSION BEYOND THE LIMITS OF SAID STONE FENCE WAS OBSERVED AT THIS DATE. THE AREA ENCLOSED WITI-IIN THE FENCE IS APPROXIMATELY 0.34 ACRE." It is our concern that you have given the new owner, Crider and Shockey, the impression that they now own the portion of this lot not contained within the cemetery itself. This Board of Trustees in determination to dispel this possibility has adopted a resolution affirming Emmanuel United Methodist Church's ownership of the full 1 acre of land. In addition of FDB 60/page 402, and FWB 9/page 220, you will find other past deed transfers involving this lot in FDB 81/page 302, FDB 83/page 145, FDB 88/page 444, and FDB 105/page 424. RECEIVED JUN 1 1 2001 DEPT. OF PLANNING/DEVROPMENT We feel it is incumbent upon Greenway Engineering to correct the records, so as to reflect the boundaries as John Milburn willed them to be. We ask you to do this without delay, as we are further concerned that the current development planning may not agree with the tr�ie boundaries. If you need to contact someone in person, you may call 662-1269 at the church. Leave a message with the receptionist or message recorder, and either myself, Pastor Larry Clark, or Board of Trustees Chair; Richard Demorist will be able to get back to you in short order. Attached you will find a copy of John Milburn's Last Will & Testament, our conceptual drawing of the lot, and a copy of the plat notes referenced above. Thank you, Robert T. Wilson, Jr. Board of Trustees Emmanuel UMC, Stephenson RT W/ms Cc: Rebecca P. Hogan, Clerk Evan A. Wyatt, Subdivision Administrator Members, Emmanuel UMC Board of Trustees Daniel Friend, Winchester Star From the Last Will & Testiment of John Milburn, III Frederick County Will Book #9 Page 220 "I give and bequeath to the Methodist Episcopal Church of the land whereon I now live, one acre to include the Meeting house and graveyard and boundries as follows towit Beginning at the cornerof the south end of the graveyard near the run in the lane and thence North sixteen poles on the line with the lane and in width 10 poles." 11, ........... ................. ............ ... ....... ........................ Beginning Point of Reference 16 poles = 264 feet 10 poles = 165 feet Total area: 264 feet by 165 feet = 43,560 sq Representation of runs is grossly approximate i l'A_ff.:i_- P t X1511N' AF'FA Or T it 44 A-.3l (Rr' SLIKVf Y) y.: ;:+4 a .�� ,'. �.,.�,. .,r i wr 1• , �� A,.�! a ;vl ;v/,.r , _ -.� ,,. A11..iSTf t) aRl A 1 .'4. .' LV sf _d-29 'XIST,'NG AAEA Gi 74. :4-4-;; (ar SutriF1) ;� -J+✓ �, LES.i PORTID& ADDED TO T At 44 -A-31 (PY SURI?'1 r r :i�.16 PLUS PORI10N Of T A/ 44- A-40 AD;)ED (HY S041 r) 2 142E A, ALOUSIED Ah'f 4 I.M.-_f-f1i= f0 EXISTING AREA ')F T A4 44-A -40 (PFR DEL-D) 141 1 / , A"I" I t SS NEW TAX PARCLI 44 -A-40A (BY SURIl Y) 40 1062 IFSS PORTION ADDED TO TV 44-A-29 (BY SURVEY) - 2 /4:6_ AC_W: REAUrNING AREA WEST OF C.S.X. VILHOAI) - 98.32 t ACh!> KEY TO ADJOINING FROPER'Y 0WN��5 T. 4 44 -A -25 T.M. 44 -A - 39 HARRY L. AfcCANN ESTATE HARRY L. A4cC4NN ESTAIL AQ SEF WILL BOOK 109 PG 1 110 EB] SEE W1L L BXK T 09 PC 1110 ZONE. RA SEE Al SO DB 191 PG 402 4- DB 9.1 PC 173 USE: AGRICULTURAL ZONE: RA USE.' VACANT NO THE BOUNDARY INFORUCION SHOWN HEREON IS 84SED ON A CURRENT RELD SURVf-r HY 016 F1RA! NO TAR£ REPORT FURNISHED EASEMENTS ANY EXIST WHICH AtrE NOT SI/OWN SEE SHEETS 5-9 FOR METES AND BOUNDS DESCRIPTIONS OF THE PARCELS AS ANUSTED H£RCIt. INCLUDED WITHIN THE BOUND" 7F THE TRACTS SHOWN HEREON IS A LOT PURPORTED TO ;al; Al,. ONE ACRE. MORE OR LESS, WFaCH WAS RlE SIT' OF THE AIILBURN MEETING HOUSE" Off' LOCATION OF THE STONE FENCE SURROUNDING THE MILBURN CEMETERY" IS SHOWN HEREON, HOWEVER NO EVIDENCE OF THE MEETING HOUSE LOCATION COULD BE DE7ERAVNED BY FIELD INSPECTION. A DEED OF RECORD IN DEED BOOK 60 AT PAGE 402 CONTAINS AN EXCEPTION FCR A LOT CONTAINING ONE ACRE DEVISED BY ✓OHN MILBURN, DECEASED TO THE ME7NOD/ST EPISCOPAL CHURCH INCLUDING THE MEETING, HOUSE AND BURYING GROUNDS, " HOKfWR NO FURTHER DESCRIPTION OF S/JD LOT COULD BE FOUND Of RECORD AND, AS SUCH, THE BOU/ICARIES OF SAID LOT COULD NOT BE DETERMINED. NO FIELD E1'IDENCE OF POSSESSION BEYOND THE DAVITS OF SAID STONE FENCE WAS OBSERVED AT THIS DATE. THE ARS. ' N(IOSED WITHIN SAID F£hCE 1S APPROXIMATELY D. 34 ACRE. FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND MINOR RURAL_ SUBDIVISION OF THE LANDS OF McCANN LAND TRUST STONEWALL. 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Yellow Flowers in Spring INS Ilex Nellie Stevens Nellie Stevens Holly Evergreen Tree 15-25' 10' Thick Broadleaved Holly, Red Berries in Winter LF Lonicera fragmentissima Fragrant Honeysuckle Shrub 10-15' 10-15' Flowers March -Apnl Fast Growing thick brznched and tough M Malus Crabapple Small Tree 10-15' 10' Spring Flower, reminder of orchard species o be selected PN Pinus Nigra Austrian Pine Evergreen Tree 50-60' 20-40' Hardy Evergreen good screen tree PS Pinus Strobus White Pine Evergreen Tree 50-60' 20-40' Hardy Evergreen. good screen tree CS Ouercus Shumardii Shumard Oak Shade Tree 60-70' 60-70' Red Fall Color, good substitute and hardier for Red Oak VB Viburnum Burkwoodi Burkwood Viburnum Shrub 8-10' 8-10' Red Fall Color, Whrte Flower, Red Berries,'Vatch for drought ZS Zelkova Serrata Japanese Zelkova Shade Tree 50-80 50-80' Reddish Purple Fall Color, Tolerant to Drouqht, Elm Shaped HIBIT 44AII Landscape Screen Planting Schematic For Mid Atlantic Industrial and Tech Center Engineering and J Duggan Assoc. By J. Duggan CLA ASLA Cearfied Landscape Architect 8000531 Date November 29,1000 Scale As Shown . 0 1�i-i/16WAM -Al r �_' ;.e COUNTY of FREDERICK ,John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 MEMORANDUM E-mail: jriley@co.frederick.va.us TO: Board of Supervisors FROM: John R. Riley, Jr., County Administrator DATE: March 16, 2001 RE: Public Hearing Format for Mid Atlantic Technical Business Park Rezoning1.7 I am providing you with a revised suggested format for the Shockey rezoning. If I do not hear from you by March 21, 2001, I will implement this format. Please call me if you have any questions. Public Hearing Sherando High School Start: 6:00 P.ivl. Staff Presentation (15 minutes) Applicant Presentation (30 Minutes) Opponents Presentation (45 vlinutes) Proponents Presentation (45 Minutes) Open Comments (3 minutes each for those who have not had an opportunity to speak. Have a sign up sheet. You can listen until no new information has been presented.) Close public hearing. Continue Matter to Next Regular Scheduled Board of Supervisors Meeting for Disposal. JRR/tj P C:\TJ P\miscmemos\CountyAdminisLmto6l3dolSupShockcyRezoning.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 i►� COUNTY of FREDERICK ,John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley@co.frederick.va.us MEMORANDUM ` TO: Board of Supervisors FRONI: John R. Riley, Jr., County ICI - SUBJECT: SUBJECT: Mid Atlantic Industrial Park (MAIP) Rezoning Public Hearing Format DATE: March 23, 2001 Attached for your review is a citizen suggested format for the MAIP public hearing scheduled for April 25 (see Attachment 1). As you will note, I have taken the opportunity to share the attached suggested format with selected members of the public that have previously had the opportunity to participate in said public hearing before the Planning Commission. For your convenience and comparison, I have attached another copy of the suggested format I provided to you dated March 16 (see Attachment 2). I will ask that you discuss the merits of the format at the March 28, 2001, board meeting. The chair has also asked that you be prepared to discuss the merits of having an informal worksession with the Shockey group and an informal worksession with selected leaders of the opposition to the Shockey proposal. He did not want to catch you off guard with this latest suggestion. Please call me if you have any questions prior to the meeting. Attaclunents: as stated EGEIVE;® MAR 2 3 2001 DEPT, OF PLANNING/DEVELOPMENT 107 North Kent Street • Winchester, Virginia 22601-5000 • 19719dy11Ctir CITIZEN SUGGESTED PUBLIC HEARING FORMAT MID -ATLANTIC INDUSTRIAL REZONING HEARING • The Shockey team should be provided sufficient time to outline their proposal and provide answers to follow-up questions from board members. — Possibly a limit of one hour for presentations. • Frederick County Voters with Common Concerns (FC-VCQ should be proviced sufficient time to outline their collective concerns and provide answers to follow -tip questions from board members. — Possibly a limit of one hour for presentations, but equal to that provided to the Shockey team. • Any citizen desiring to speak should be afforded time to address their concerns. — Possibly a 3-11ninute time limit. — Schedule a sufficient number of hearings to allow all who desire to speak to do so. E • Mrs. Katherine Whitesell 5600 Middle Road Winchester, VA 22602 Dear Mrs. Whitesell: COUNTY of FREDERICK ,John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: March 23, 2001 jriley@co.frederick.va.us A citizen of Frederick County has offered a suggested format for the public hearing on the Mid Atlantic Industrial rezoning proposal. I would appreciate it if you could respond in writing to me before March 28, 2001, as to your opinion on the enclosed format. The board will discuss said format at the March 28 board meeting and would like to consider Your written comments at that time. Your assistance with this request would be appreciated. Sincerely, John R. Riley, Jr. County Administrator Enclosure: as stated cc: Board of Supervisors Mr. Kris C. Tierney Mr. Evan A. Wyatt Mr. Douglass C. Cochran, Jr. 134 Mountain View Drive Stephenson, VA 22656 107 North Kent Street • Winchester, Virginia 22601-5000 0 Mrs. Gina Forrester 105 Kapok Circle Winchester, VA 22602 Dear Mrs. Forrester: COUNTY of FREDERICK ,John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: March 23, 2001 jriley@co.frederick.va.us A citizen of Frederick County has offered a suggested format for the public hearing on the N1id Atlantic Industrial rezoning proposal. I would appreciate it if you could respond in writing to me before March 28, 2001, as to your opinion on the enclosed format. The board will discuss said format at the March 28 board meeting and would like to consider your written comments at that time. Your assistance with this request would be appreciated. Sincerely, 7wj-/-- John R. Riley, Jr. County Administrator Enclosure: as stated cc: Board of Supervisors Mr. Kris C. Tierney Mr. Evan A. Wyatt Mr. Douglass C. Cochran, Jr. 134 Mountain View Drive Stephenson, VA 22656 107 North Kent Street Winchester, Virginia 22601-5000 • • Mrs. Sharon Boyd 305 Sunset Circle Cross Junction, VA 22625 Dear Mrs. Boyd: March 23, 2001 COUNTY of FREDERICK ,John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jri1ey@co.frederick.va.us A citizen of Frederick County has offered a suggested format for the public hearing on the Mid Atlantic Industrial rezoning proposal. I would appreciate it if you could respond in writing to me before March 28, 2001, as to your opinion on the enclosed format. The board will discuss said format at the March 28 board meeting and would like to consider Your written comments at that time. Your assistance with this request would be appreciated. Sincerely, John R. Riley, Jr. County Administrator Enclosure: as stated cc: Board of Supervisors Mr. Kris C. Tierney Mr. Evan A. Wyatt Mr. Douglass C. Cochran, Jr. 134 Mountain View Drive Stephenson, VA 22656 107 North Kent Street • Winchester, Virginia 22601-5000 • • Mr. Mark E. Stivers 261 Lick Run Crossing Stephenson, VA 22656 Dear Mr. Stivers: COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: March 23, 2001 jriley@co.frederick.va.us A citizen of Frederick County has offered a suggested format for the public hearing on the Mid Atlantic Industrial rezoning proposal. I would appreciate it if you could respond in writing to me before March 28, 2001, as to your opinion on the enclosed format. The board will discuss said format at the March 28 board meeting and would like to consider your written comments at that time. Your assistance with this request would be appreciated. Sincerely, r John R. Riley, Jr. County Administrator Enclosure: as stated cc: Board of Supervisors Mr. Kris C. Tierney Mr. Evan A. Wyatt Mr. Douglass C. Cochran, Jr. 134 Mountain View Drive Stephenson, VA 22656 107 North Kent Strcet • Winchester, Virginia 22601-5000 COMMONWEALTH of VIRGINIA CHARLES D. NOTTINGHAM COMMISSIONER Mr. Bill Meier 207 Plaza Street Leesburg, VA 20176 DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 January 26, 2001 Ref: Mid -Atlantic Industrial & Tech Center Rezoning Route 761, Frederick County Dear Mr. Meier: JERRY A. COPP RESIDENT ENGINEER TELE(5,0)984-5600 FAX (5,10) 984-5607 Based on the questions you submitted on 12/22/00 (copy attached), I took the liberty of asking our District Office in Staunton, VA to provide the appropriate responses. We are responding to your questions in the order in which they were presented: a) In 1996 a comprehensive data collection was performed on the I-81 corridor which included traffic counts between each interchange on I-81, secondary and primary roads crossing I-81and interchange ramps. Traffic was projected to the Year 2020 and the Transportation Planning Division is having traffic data projected to Year 2025, however no further comprehensive data collection is planned or anticipated. The Department does count traffic between each interchange on a yearly basis on the mainline of .I-81 and at selected locations on the primary and secondary systems. Counts are not taken on the interchange ramps except on an "as needed" basis. b) LOS is determined through the use of the Highway Capacity Manual and is a measure of delay and density of traffic on a given section of road. Level of Service "C( is the target LOS the Department attempts to maintain in the design year when a road is to be built/rebuilt and is the lowest level of service with which most motorists are comfortable. c) No, VDOT is not required to maintain a LOS of "A". A level of service "C( has been the target LOS for a number of years, however, the FHWA has indicated a desire to achieve a LOS "B" on I-81, if feasible, when major improvements are made. In some cases this high level of service will not be possible or feasible. WE KEEP VIRGINIA MOVING 'Mr. Bill Meier • 0 Ref: Mid -Atlantic Industrial & Tech Center Rezoning January 26, 2001 Page #2 d) Long range plans are to widen I-81 in its entirety to 3 or 4 lanes in each direction. This widening will require that most of the interchanges be rebuilt and in many cases be reconfigured to adequately handle future traffic demands. Plans are now underway to rebuild the interchange at 323 with an anticipated ad date of April, 2002. e) There are no improvement plans for Route 11 between Exits 317 and 323 that we are aware of. f) Bridge Structure No. 6056 was last inspected May 1, 2000. A copy of the report is attached. The bridge was built in 1978 and was designed HS20 truck loadings and alternate military loads. In short, the bridge will carry all legal truck loads and standard permit loads. With maintenance, the bridge should continue to provide satisfactory service for an additional 50+ years. When replaced, it will most probably be funded by Frederick County's Transportation Improvement Plan. g) See the attached copy of Mr. John Harwood's letter dated October 19, 1976 to Mr. Joseph L. Fisher which addresses this issue. In accordance with §33.1-221, Code of Virginia, VDOT's Industrial Access Road Program cites in its purpose statement: Industrial Access funds may be allocated by the Commonwealth Transportation Board to be used for financing the construction or improvement of roads (exclusive of primary roads) within counties, cities and towns to provide adequate access for sites on which new or substantially expanded manufacturing, processing or other qualifying establishments will be built under firm contract or are already constructed. h) From VDOT's Subdivision Street Requirements (24 VAC 30-90, et seq.), the definition of subdivision is: The division of a lot, tract, or parcel into two or more lots, plats, sites, or other division of land for the purpose, whether immediate or future, of sale or of building development. Any re -subdivision of a previously subdivided tract or parcel of land shall also be interpreted as a "subdivision ". The division of a lot or parcel permitted by Charter 11 (subsection 15.1-466(K)) of Title 15.1 of the Code of Virginia Will not be considered a "subdivision " under this definition, provided no new road or street is thereby established However, any further division of such parcels shall be considered a "subdivision ". Mr. Bill Meier is • Ref: Mid -Atlantic Industrial & Tech Center Rezoning January 26, 2001 Page #3 From 24 VAC 30-90-50 Service Requirements. 1. Serves three or more occupied units of varied proprietorship with a unit being a single-family residence, owner occupied apartment, manufactured home park, or other similar facility. VDOT's Secondary Roads Division considers office parks and industrial parks commensurate with these units and within the definition of subdivision. Proffer Statement, Under Transportation (B) from the Mid -Atlantic Industrial and Tech Center Rezoning dated 09/22/200: 5) Progressive Improvement States: "At the time of the first site plan for subdivision plan submission, a detailed traffic study will be performed in accordance with VDOT's Guidelines & Procedures". The individual site plan submissions will undergo plan review after the rezoning has been approved by the Frederick County Board of Supervisors. The Virginia Department of Transportation's role in the County -State Partnership that governs the Secondary System: In such matters, VDOT acts as advisor to the counties, which have been empowered by the General Assembly of Virginia to govern all land use and land development matters within the county, pursuant to Title 15.2 of the Code of Virginia. Thank you for your patience. Should you need further assistance, please feel free to contact this office. Sincerely, Steven A. Melnikoff RECEIVED Transportation Engineer JAN 2 9 2001 SAM/rf Enclosures — Copy of Your Letter Dated 12/20/00 OEKOFPLANNING/DEVELOPMENT Bridge Structure No. 6056 Report Copy of Mr. John Harwood's Letter Dated 10/19/76 Copy of Mid -Atlantic Industrial & Tech Center's Rezoning dated 09/22/00 xc: Mr. Jim Diamond Mr. Park Thompson Mr. Evan Wyatt Mr. Mark Smith P.W December 20, 2000 VDOT Edinburg Residency 14031 Old Valley Pike Edinburg, Va 22824 Attn. Mr Melnikoff RE: Traffic Data Routes 11 & 761 Frederick County, Va Dear Mr. Melnikoff, Bill Meier 207 Plaza Street Leesburg, Va 20176 Thank you for you the information recently requested. Could you send me a copy (exhibit "B') of the 1-81 and Route 11 (exit 320 & exit 323) Base Year 1996 Traffic Data"? have several questions on some of the information I did receive. The are: a) I noticed the I-81 traffic data/ Exhibit "B" is dated 1996. How often is this data collected? Is there more recenticurrent data? b) L.O.S. (Level of Service) I noticed on the Base Year 1996 Traffic Data that Route 11 has a LOS of "A". Who sets LOS and what standards or regulations allow a primary road to be reduced from a LOS of "A" to "C'? c) l noticed 1-81 north of exit 317 has a (1996) LOS of "B". Is VDOT required to maintain a LOS "A" on interstate highways to receive federal funds? Do the "Fels" have any requirements related to LOS on primary or interstate highways? d) What improvements are currently planned for I-81 and/or its exits at 317, 320 and 323? l understand a "Sheetz" store is being constructed at exit 317. e) What improvements are in current plans for Route 11 between exits 317 & 323 ? 0 When was the last inspection of Bridge #6056? If it is public record, may I have have a copy of the report? How long do you estimate this bridge will provide safe service with-the-anticipated/proposed truck traffic? If/when it will need replacement, who will bear cost? page 1 of 2 page 2 of 2 0 bi A g) Is it standard practice for VDOT to agree to use tax dollars to "participate" in road improvement required when privatelfor profit companies develop land? Is there written policy regarding VDOT "participation"? h) Exhibit "C" #5 "Progressive Improvements" Is this considered a "subdivision"? It seems to me a subdivision is much different than an industrial park. Does VDOT consider "subdivisions" differently than "Industrial Parks"? Greenway states a detailed traffic study for the "subdivision" will be performed for VDOT "at time of submission". Is that "submission" Before orAfter the projecthas been approved by the Board of Supervisors? I will be looking forward to your continued assistance in this matter. Sincerely, Bill Meier Virginia Department Of Transportation Structure and Bridge STRUCTURE INSPECTION REPORT Regular Agency ID 0346056-000000000008305 Inspection Date : 05/01/2000 Cnty/City Frederick Feature Intersected: B&O RAILROAD Main Route 00761 Facility Carried ROUTE 0761 Lead Inspector: Wayne Smoot Location 0.30 TO 11 - 0.10 TO 662 CONDITION RATINGS: Deck: 7 Superstructure: 7 Substructure: 6 Channel/Channel Protection: N Culvert: N ELEMENT CONDITION STATE DATA: No. Description Env. Low Low Low Unit sgft State 1 Slate 2 0 State 3 0 Slate 4 0 State 5 0 Total 4,101 12 Conl crele Deck - Bare 4,101 107'Painted Steel Open Girder/Beam -(LF) (EA) 0 — 686_ 0 0 0 0 686 205 Reinforced Conc Column or Pile Extension 6 0 0 0 6 215 Reinforced Conc Abutment 234 Reinforced Conc Cap Low Low Low Low Low Low (LF) (LF) (EA) ------ - (LF) (EA) (EA) 82 72 2 --------- 128 15 15 0 0 0 ----- ----- 13 0 0 3 0 0 --- -- ---- 0 0 0 0 0 0 ---- --- 0 0 0 0 0 0 ----- 0 0 85 72 2 ----- ----- 141 15 285 Protected Slope ----- 302 Compression Joint Seal 311 ,Moveable Bearing (roller, sliding, etc.) 313 Fixed Bearing 0 15 — 331 Reinforced Conc Bridge Railing Low (LF) 276 0 0 0 0 276 ATTACHMENTS: Inspection Notes Channel Profile ❑ Sig ature of Inspector Date Sketches ❑ ❑ r �- 3 v 0,1 Photographs ❑ eviewed By Date 1� Date Printed: Tue 0510212000 14:52:46 Orglnla Department of Transportatlon is is Page 1 Structure and Bridge Revised 11-16-99 STRUCTURE INSPECTION REPORT Agency ID: 0346056-000000000008305 Date of Inspection: 05/01/2000 Cnty/City: FREDERICK Feature Intersected: OVER B&O RAILWAY Main Route: 761 Facility Carried: RTE. 761 Location: 0.30 TO 11 - 0.10 TO 662 Lead Inspector: W. D. SMOOT Additional inspectors: W. A. CULLERS ORIENTATION Abutment "A" on end towards route 11. MISCELLANEOUS None (Items which are structure specific and cannot be included in another section.) SPECIAL REQUIREMENTS Fatigue Prone (Special Equipment needed or Special Inspections required such as: Fracture Critical, Underwater, Fatigue Prone, Scour Critical, Moveable Bridge, Segmental Concrete, Pin and Hanger, etc.) WORK DONE None STRUCTURAL ANALYSIS None OVERALL CONDITION GOOD - Hole in joint sealer. 10 anchor bolt nuts and washers missing. Delamination on abutment- "A" breastwall. RECOMMENDATIONS None DECK Wearing Surface N/A Top of Deck Good Bottom of Deck Good Parapet Good Expansion Joints Fair - 3.0 L.F. section installed flush with top of deck elevation in EBL at abutment "B". 4.0 L.F. section installed �i" above top of deck in EBL which has resulted in traffic wear with 5" long holes located 6'-0" right of centerline. Date Printed 05/02/00 Virginia Department of Transportation STRUCTURE INSPECTION REPORT Page 2 Structure and Bridge Revised 11-16-99 Agency ID: 0346056-000000000008305 Date of Inspection: 05/01/2000 SUPERSTRUCTURE Bearings Devices Good - 8 anchor bolt nuts and washers missing at abutment "A", also 2 anchor bolt nuts and washers missing at abutment "B". GIRDERS, BEAMS OR Good SLABS Diaphragms Good PAINT Good Year Painted 1978 SUBSTRUCTURE ABUTMENTS Wings Good Backwalls Good Bearing Seats Good Breastwall Fair - Corner delamination between beams no.2 and 3 on abutment "A" (3" high x 4" deep x 4'-0" long). Weep Holes N/A Footings Good Piles - Undermining Good Settlement Good PIERS Caps Good Bearing Seats Good Columns Good Footings Good Piles - Undermining Good Settlement Good Date Printed 05/02/00 V�9 A P r inla Department of Transportation • Page 3 Structure and Bridge Revised 11-16-99 STRUCTURE INSPECTION REPORT Agency ID: 0346056-000000000008305 Date of Inspection: 05/01/2000 CHANNEL AND SLOPE PROTECTION Scour N/A Embankment Erosion Good Drift N/A Vegetation Good Ri ra - Slope Protection Good Adequacy of Opening N/A FIELD POSTING Actual Posting No posting required Legibility - Visibility - Advanced Warning Signs None (In accordance with Traffic Engineering Division Memorandum TE-244 dated 5-7-94) OTHER APPROACH PAVEMENT I Good TRAFFIC SAFETY FEATURES Bridge Railing 1 Transitions 1 Approach Guardrail 0 Approach Guardrail I 0 Terminal OBJECT MARKERS - SKETCHES PHOTOS Date Printed 05/02/00 October 19, 1976 IL-g3rcvem nts of Road.; L'm- to Changes in Land Use. The Honorable Joseph L _ Fizhar House of aapresantative.:i 316 C.ant:on Haut;a Offic : Building :lashiagton, D. C. Dear Mr. Fishar: Thank you for your Letter of October 4, 1976 requr-s•ting an e=pressicn of I}apart:)artt policy regarding the i'mmCt of land davelampeat on axisting ;S=L-maintained roach myataas.- ' Ma Drv.art-n�ent does not hive an afficiat pablishacL policy concariiasf such a broad and nabulous suh.lac.= au thin.;, };serer-, I will andanvor to address our gemra-I poaition.. tJit:iin tha nay- as- you- go philaecph:�r,. tbs. . sand: has to b.- prmtent in advance of i^prcve=enta. On the ochw head, eerraat iaadegmte existing road aatworks arts naturally a• do.carrsur to progrmaiva land development. C=aequant.ly, imprav+amrx ft cxj&ting. f ailitias at the dev+elapera' errensa are most often a aahomeeaaut to the succass of tha daveio-mment and is maze than to with its coat. County Ards rely h--vivily u?cm our enginearai wi•vt—ca regards the is-.pnct of pronosed davelo menta on ou= axintint a}rataare. Tha boards have a cart :i:: degre: of ccmc=L avw Und AwmLopeent tbraugb various :mans and Kre ch,erBfore abla to pay mmmie the darmlomrs to include cartnin L=rnvements to existing systama as a condition to the 3ALf9faCLBr. Srplesa■rscation of their aitsi puns:. lean' Lhoogh our Ileonrt,enc ==not require axtamsivu MCS to our praaent sys tasy , it is inmmi6ant upva cis to advise tiss boards of our views of the impmict to be caused by aropoa6d d&valar"Nata and aasauraga thA t they require andior aersuada the. daysla;xm tao - & what La necL.-maary to lasse^, the impact, particul&rly, in dw many instar-cgs .*here .� will riot be avuilable fer ouch improvementz wit::in n rnz,scrable' t�-_a 7�� October 19, I976 ?his_ i5 i:: Che bcs t inter. as z of the devalopar and his clients as Well as thQ. trcvalin.g :mblic -in gener�I, to wi = the i}saartr*�eot Of Fi 91r..ayn and :tanspartac)-oa and the boards of supervisors haw a real res onsi:)ility. Wd neitheW question exer allege the boards' authority, to withhold zoning revA..sione for Lhis raasoa.. That is ez:ictly a Is;;al rstter, and wQ du nnot foal that Ln taking -uch a position w, are in any way cbmtructing due procass bT oar fu:nizh- ing advice that is, in our o;�inion, to the best public interest. I wish to aUologiza for the delay in regiyiag to your as = bava be,_n awry from the office quite a bit d=:ng the several vests, S iacrraly, .T E. Harwood letter, Las t a u uoujut Rev. September 22, 2000 and TechCenter Refuse Syst* 4963 • Junkyards Consumer Recycling B.) Transportation 1.) Access a. Industrial road access is hereby prohibited along Milburn Road to access the portions of the properties rezoned. b. An industrial access entrance is proposed on Old Charles Town Road (Route 761) approximately 300 feet east of the intersection of Nfilbum Road and Old Charles Town Road. Frontage improvements, such as widenings. turn lanes, and shoulder improvements, shall be installed when determined by the Virginia Department of Transportation to maintain a level of service of C or better. c. A secondary emergency access will be incorporated into the master development plan at approximately 700 feet southeast of the intersection of Stephenson Road and Old Charles Town Road. This access will be gated and only used for emergency purposes. This second access may be used as a permanent access if warranted by traffic count and safety reasons as determined by the Virginia Department of Transportation. At such time, this access will be incorporated into a revised master development plan and processed through Frederick County for agency reviews and public comment. 1) Traffic Signalization a. A traffic signal will be installed at the time determined by VDOT at the intersection of the proposed Industrial Park entrance and Old Charles Town Road in the configuration and design as approved by the Virginia Department of Transportation. The applicant shall pay for the cost of said traffic signal. b. The applicant will participate in the installation of a traffic signal at the intersection of U.S. Route 11 and Old Charles Town Road. A VDOT traffic signalization agreement shall be executed and monies will be paid to VDOT on a 50150 basis as determined by a traffic impact study conducted using VDOT procedures. 3.) Intersection Improvements Right turn lane and radius widening improvements shall be installed at the intersection of U.S. Route 11 and Old Charles Town Road as necessary as deternned by the Virginia Department of Transportation to maintain level of service C or better. 2 4.) Right of Way Dedication The applicant hereby agrees to dedicate right of way to the Commonwealth of Virginia along existing roads adjacent to the property as determined by the Virginia Department of Transportation.. 5.) Progressive Improvements At the time of the first site plan for subdivision plan submission, a detailed traffic study will be performed in accordance with the Virginia Department of Transportation's guidelines and procedures. If determined by VDOT, the traffic study may be waived. The study will incorporate the Industrial Park entrance at Old Charles Town Road, the intersection of Old Charles Town Road and Route 11, and a link analysis between said intersections. If determined by VDOT in the preliminary traffic scope, other roads and intersections shall be incorporated into the traffic study, such as Route 11, the Interstate 81 interchanges at Stephenson (interchange �rr317), Clearbrook (interchange 9;20), and Whitehall (interchange 4323). All site plan submissions thereafter shall include a traffic study update of the original study unless waived by VDOT. Any improvements deemed necessary by the Virginia Department of Transportation to maintain a level of service of C or better will be incorporated into said site plans submissions. These improvements will be paid for by each respective user in whole or part as deemed necessary by the Virginia Department of Transportation. These monies are to be set aside for improvements and will be made available for matching funds for any County, State, or Federal programs. C.) Development Sensitive Area Restriction The Development Sensitive Area, as outlined on the Northeastern Land Use Study prepared by Frederick County, dated May 24, 2000, specifically in the area adjacent to Milburn Road and lying on the subject property Tax Map Parcel 44 A 1, is herebv restricted by permanent easement for the use of industrial and commercial enterprises. The said easement restriction will not prohibit development of infrastructure for such items as rail access. storm water management, and utilities or any credit allowances for zoning district buffers. COMMONWEALTH of VIRCjJINIA CHARLES D. NOTTINGHAM COL4diSSIONER Mr. Bill Meier 207 Plaza Street Leesburg, VA 20176 ( Faxed to 703-779-2290) Dear Mr. Meier: DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE JERRY A. COPP EDINBURG. VA 22824 RESIDENT ENGINEER TELE (540) 984-5600 February 5, 2001 FAX (540) 984 -5607 Ref: Mid -Atlantic Industrial & Tech Center Rezoning Route 761, Frederick County In response to your additional questions of January 30, 2001, may I offer the following: 1996 Base Year Traffic Data for I-81 Exists 320/323: The combined traffic count total is 32,800 AADT. (See attached.) 1999 Traffic Data Counts for I-81 Exits 320/323: The combined traffic count total is 40,000 AADT. (See attached.) See attached Guidelines for Condition Ratings. Fatigue prone is a material response that describes the tendency of a material to break when subjected to repeated loading. Virtually all of our steel structures are considered to be fatigue prone. Certain types of details in steel bridges are more prone to this type of failure than others. No details in this structure fall into a bad category of fatigue prone. I trust this information is of further assistance to you. SAM/rf Attachments xc: Mr. Jim Diamond Mr. Park Thompson r. Evan Wyat't�. ) Sincerely, Steven A. Melnikoff Transportation Engineer R i- C EE V F ? . FEB 0 8 Z001 DEPT, OF PLANNA3 DEV'HOPMENT WE KEEP VIRGINIA MOVING Virginia Department of I ransportahon Traffic Engineering Division 1999 Annual Average Daily Traffic Volume Estimates By Section of Route Primary and Interstate Routes Route ---------- — Jurisdiction Length AADT QA 4Tire Bus 2Axle ------- Truck------------------- QC 3 Axle 1Trail 2Trail Design OK AAWDT QW Hour South ® — SR 277 Frederick County 2.95 20000 F 73% 1% 2% 1% 20% 2% F F 1700 F 20000 F 3300 F 42000 F Combined Traffic Estimates for 2 Parallel Roadways on this Route: 41000 F 72% 1% 2% 1% 21% 2% SR 37 South Frederick County 3.50 16000 F 73% 1% 2% 1% 20% 2% F 1700 F 16000 F ® Combined Traffic Estimates for 2 Parallel Roadways on this Route: NA 72% 1% 2% 1% 21% 2% F NA NA SR 50 •South ® _ Frederick County 1.98 25000 B 73% 1% 2% 1% 20% 2% 2% C C NA NA 25000 50000 B B Combined Traffic Estimates for 2 Parallel Roadways on this Route: 50000 B 72% 1% 2% 1% 21% SR 7 South ~ Frederick County 2.20 25000 F 73% 1% 2% 1% 20% 2% F 1700 F 25000 F ® Combined Traffic Estimates for 2 Parallel Roadways on this Route: 50000 F 72% 1% 2% 1% 21% 2% F 3800 F 50000 F US I I South Frederick County 3.62 21000 F 73% 1% 2% 1% 20% 2% F 1500 F 21000 F ® Combined Traffic Estimates for 2 Parallel Roadways on this Route: 41000 F 72% 1 % 2% 1 % 21% 2% F 3200 F 41000 F 34-G72 South � Frederick County 241 20000 F 73% 1% 2% 1% 20% 2% F 1400 F 20000 F ® Combined Traffic Estimates for 2 Parallel Roadways on this Route 40000 F 72% 1°/. 2% 1% 21% 2% F 3100 F 40000 F South Frederick County 023 18000 F 73':. 1'.,, 1 ) to 1 F 1300 F 19000 F ® Combined Traffic Estimates for 2 Parallel Roadways on this Route 34000 F 7: i '• I . 1 f 2500 F 34000 F 11\ 1'i I11 i♦ �I,\IN \ I 82 Town of Lebanon 058 4100 F 93% 01,10 t % 1% C NA 4200 F 82 NCI. I I.BANUN Russell County 6.48 2600 F 95% 0% 1% 2% 1% 0% C 220 F 2600 14 83-600 CLEVELAND .'— IUS 23 IMS 11UUNI) Town of Pound (Maint: 97) 3.60 6700 G 92% 1% 2% 2% 2% 0% F 540 G NA 83 1. Dickenson Coanly Line 83 Wisc Comity Line Dickenson County 3.91 6700 G 93% 1% 2% 2% 2% 0% F 540 G NA .� SR 72 GI'.UR(iFS f:URK 2.47 8300 G 93% 0% 2% 1% 2% 0% F 670 G NA 83 Dickenson County _ L•CL ('luuwood Dickenson County 5.57 4400 G 93% 1% 2% 2% 2% 0% F 360 G NA 83 • SR 63 I•RLMUNT 226 9/13/2000 oll 10 0 0 T T- 0�I �O O O 00 00 T T Interstate' Improvement tudy Project Number. 0081-968-F11, PE 1004 Frederick County 17100 )0 21200 17100 F0 21200 8�0� �00 00 h CO IC) oO C CO C7 r � Y .0 r LO C T C7 0 m � W CO O CO IT 3ase Year (1996) Daily Counts r!, 0 U O Y O U O 0 ►- r m LL C m C a� U) c� rn 15400 16400 15400 16400 I o0 ch aa) CM o o 0 � M1 O CI) O U v I o IOCIJ �CD O0 N E T CD cD N O a) C7 _ = — O m W 0= —N--'*- Count Date: September 1996 Submission Date: July 1998 Figure 1-1 F•1LE No.838 02/05 '01 15:47 k 1 I D JOP FLOOR STAUNTON D I ST FAX:5403329267 0 PAGE 2i 2 GUIDELINE'S ]FoR COMMON UnNGS Condition ratings describe the c=tmt condition of the c stung, in-pla= bridge as compxred to the is -built eoudition. .Each of the following itc= are evalultcsf; ITF.IVi 58—DECK ITEM 59—SUPERSTRUCTURE UEM 60—SUBSTRUC7URE ITEM 61--CHANNEL AND CHANNEL PROTECTION I'T'EM 62•--CUI.,VERTS The following . codes are used as guides in evaluating theta items. codc N Not applicable 9 Excellent condition 8 Very good condition - rr) problcros noted 7 Good condition - some ininor problerns 6 Sarishctory condition - Anxt>ural rtl==r show some mi4w dam. S Pair condition - all p:i=y elentent3 are sound but may have ,minq section 1=, crAcidng, spalling or sc=. t +• • 1 • w U Ilrl 1• 1 r• 1 rN111• •u= • •' Y I ^ • r• •/1 • I • 1 1 1•Yr► • w•I.r •1 \ ••1 • •1 1 '1 i• r• .•11. rI • • =rja 1 /•ww• •1 1 -• • M M • II rh1 r .. 1 • w corrective action is r m. y Imminent • conditionmajor ■ w •1 • /11 r section •ss • �•�/ in N • M r1 IIb1 1 Y•111 • •1 rl A 11 obvious .• / •.' or horizontal -/ Y•r• • / •r • of Y • • 1 • ==ive acwm- 02-05-01 15:54 TO:VDOT EDINBURG RO FRO14:5403329267 P02 • • WPdnPsdav_ .lanuani 9d 9M1 NOTICE OF PUBLIC HEARING The Frederick County Planning Commission. will hold a public hearing on February 7, 2001 at 7:00 p.m. at the James Wood Middle School on Amherst Street. Winchester, Vir- ginia to consider the following: Rezoning #04-00 of Mid -Atlantic Indus- trial & Tech Center (continued from 11- 15-00), submitted by Greenway Engineer- ing on behalf of Shockey Industries, to rezone 20i acres from RA (Rural Areas) to M1 (Light Industrial), and.198 acres from RA (Rural Areas) to M2 (Industrial Gener- al). This property is located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664) and is Identified with Property Identification Numbers 44-A- 31, 44-A-292, and 44-A-293 in the Stonewall Magisterial District. Interested citizens may appear before the Commission to speak on the above items. A copy of the agenda will be available at the Handley Library (temporary Loudoun Street Mail location) approximately one week before the meeting. Further information may be obtained at the Department of Planning & Development, 107 North Kent St., Winches- ter, Virginia or by calling (540) 665-5651. NOTICE OF ,dy PUBLIC HEARING The Frederick County Planning Commis sion will hold a public hearing on February 7, 2001 at 7:00 p.m. at the James Wood Middle School on Amherst Street Win- chester, Virginia to consider the following: Rezoning #04-00 of Mid -Atlantic Industrial & Tech Center (continued from 11-15-00), submitted by Green way Engineering on behalf of Shockey Industries, to rezone 206 acres from RA (Rural Areas) to M1 (Light Industri al), and 198 acres from RA Rural Areas) to M2 (Industrial General). This property is located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664) and is identified with Property Identification Numbers 44-A-31, 44-A-292, and 44- A-293 in the Stonewall Magisterial Dis- trict. Interested citizens may appear before the Commission to speak on the above items. A copy of the agenda will be available at the Handley Library (tempo- rary, Loudoun Street Mall location) approximately one week before the meeting. Further information may be obtained at the Department of Planning & Development, 107 North Kent St., Win- chester, Virginia or by calling (540) 665- 5651. �, . CO • p�,,t,r� 0 40 COUNTY of FREDERICK Board of Supervisors 540/665 -5666 540/667-0370 fax Richard C. Shickle - Chairman W. Harrington Smith, Jr. Shawnee District Robert M. Sager Opequon District PRESS RELEASE County of Frederick 107 North Kent Street Winchester, VA 22601 FOR IMMEDIATE RELEASE February 7, 2001 Charles W. Orndoff, Sr. - Vice Chairman Stonewall District Margaret B. Douglas Back Creek District Sidney A. Reyes Gainesboro District Based on all of the input that I have received from the citizens of Stonewall District, I have requested, and the Board of Supervisors has agreed, to reschedule the public hearing on the Mid Atlantic Technical Center Industrial Park to April 25, 2001. This change in date is based primarily on the number of citizens that I have heard from that have asked for more time from the Planning Commission's public hearing and the Board of Supervisors' public hearing. I appreciate my fellow board members' consideration and I also appreciate the input from the many citizens that have contacted me. The time and place of the public hearing will be announced as soon as this information can be confirmed. Sincerely, �l 4ap Charles W. Orndoff, Sr. Frederick County Board of Supervisors Stonewall District Representative For more information contact: John R. Riley, Jr. County Administrator Fax No.: Recipient 667-1649 Dan Friend The Winchester Star 722-3845 Charlotte Eller Northern Virginia Daily 722-3295 WINC, ATTN: News Director 662-8610 WNTW (Q102), ATTN: News Director Copies to: Board of Supervisors (via facsimile transmission) Kris C. Tierney Evan A. Wyatt 107 North Kent Street, Winchester, Virginia 22601-5000 • 12-27-00 Timothy Traver 1026 Mambrino St. Oregon,Ohio 43616 (419)697-9087 travermit @aol.com Dear Evan Wyatt, I am writing concerning the controversy surrounding the present day battle to save Stephensons Depot in Frederick County.I have found a group in your area that is presenting their argument to several local officials.I am supporting their cause through monetary & letter writing to help save this hallowed ground that was fought on during the Civil War. The reason I am helping is because my ancestors from the 67th O.V.I. fought on this particular area & my family & I come down to visit Winchester & the surrounding area every year,not just to visit the battle fields & Civil War sites,but to visit the parks & other beautiful historic sites. But Stephensons Depot is closer to my heart knowing my ancestors, & other individuals ancestors also fought on this hallowed ground for what they thought to be right & just,North & South alike. If there is anything you can do to help preserve this land,myself & others will be in your debt. Thank you for your time , sincerely, Timothy L. Traver. RECEIVED JAN 0 3 2001 DEPT, OF PLANNING/DEVELOPMENT THIRD PATH FOR FREDERICK COUNTY In response to J. Shep Campbell's Open Forum letter of Jan. 20, 2001, I would like to inform Mr.Campbell that there are THREE paths the county could take as it relates to the proposed Shockey industrial rezoning in Stephenson - not two paths. The third path is to continue with a balanced and intelligently planned growth of residential and industrial but add the preservation of our historical sites and lands for future generations and tourism tax dollars. The proposed 1,000 acre Shockey industrial park in the Stephenson area would be so destructive in so many areas: water polution, sub -surface water problem polution, impossible truck traffic, 24 hour operation, 24 hour lighting, ugly out -of -scale flat roof buildings in a rural historic area. The devastation of two Civil War battlefields, 250 year old plantations, churches, burial grounds, mill sites, historic resort and yes, open farm land, is a frightening and ill-conceived concept. (See attached map for definition) So, the third path objective is to save this site and other significant and sensitive historic sites, restore and enhance these sites, combine these with a Civil War museum, Glen Burnie museum, Patsy Cline museum, George Washington's office, Stonewall Jackson museum, Abrams Delight, Belle Grove, Shenandoah University theater, Apple Industry sites, Apple Blossom Festival, numerous Winchester downtown sites, etc, etc, etc, and the combination will make a major tourism package for tax revenue. The additional positive side of this path is that we can then intelligently select FIRST RATE industrial companies who will build only quality facilities in the right locations. This limited industrial growth revenue would be off -set by the new tourism revenue from our existing THIRD PATH FOR FREDERICK COUNTY preserved historic sites. This will be a win -win for all citizens of the community - adequate tax revenue, preservation of our significant historic sites, balanced employment growth, preservation of open land and an overall quality of life preserved now and for our future generations. 4*amnDstillwell Stephenson, VA January 22, 2001 cc: Open Forum, The Winchester Star Mr. J. Shep Campbell County Board of Supervisors Planning Commission Members Mr. Evan Wyatt, Director of Planning RECEIVED .JAN232001 DEPT. OF PLANNINGIDEVELOPMENT v7 r / O � O ii • / ♦ O I it - • �/r ` i�•riYriw 9 .■r.4■r■v .0 low.awrr •I �.� i■t.rr .i. �•.■l /arl■■t p■. •■.rw■rY / ,� O --.� �r�tar■a■t■■ar►urr�ra. V�so Nrr'■AX •■t■■t■r■■a■ 7atraa•`'y • �i::. •at■t■■■Mtar■• ti�tastr■r■tarr■■w /ra■Y��1 � O ,..■■■1ts, iil�%\����%%�YI71aff1lf11f��I'r' i■�aarrr■aa■a�saw •� � / ' • �q■NfIaff aralrrrN■■■ lrfllrf110 n awrr■�raaa■ ia�flfN��/t�/!lfl�fif�1{ hi■rr■■aaarrl.rr�Nrrt■• ' r■Ilr/arf\I11aia{rrra� 1■tN■■■rwrY.rrra - • Y�fr�f�ra�f■1r i�r■�Nwit ^tsar■ � � . - � , - O O O 1 / r �y yisnaeic srre 95ro . G AcRes Sc!laM 5/7E war S Cec .lcno OrHE SHOCKEY COMPANIES P. O. BOX 2530. WINCHESTER, VIRGINIA 22604-1730 (540) 667-77CO FAX (540) 665.3211 January 25. 2001 Mrs. Bessie S. Solenberger, Chairman Historic Resources Advisory Board County of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 RE: Your Letter of January 19, 2001 Dear Bessie: The Abrams Creek Archaeological Survey conducted in the early 1990s in the Stephenson area by representatives of James Madison University and Shenandoah University appears to have covered the area subject to our rezoning application. One unmarked cemetery of less than one-fourth of an acre was documented in that survey. This cemetery will not be disturbed. We could not find anv reference to "evidence of an Indian burial mound" in the portion o1' the sur<'ev related to our property. We could not find any other reference to "numerous burial sites" beyond the one addressed above. Should our rezoning application be approved, we will be cooperative (as we have been with the battlefield) by considering further evaluation work at that time. With best regards. Sincerely, Don Shockey Copies: Board of Supervisors Planning Commissioners Mr. John R. Riley, Jr., County Administrator "r �--Mr. Evan A. Wyatt, Director of Planning � 1l �� � � �� H. � JAN 2 9 2001 DEPT, OF PLANNING/DEVEI.OPMENT SHOCKEY THE PANTHER OF CHOICE THE SHOCKEY COMPANI1 P. O. BOX 2530, WINCHESTER, VIRGINIA 22604-1730 (540) 667-77CO FAX (540) 663-3211 January 25. 2001 Mrs. Bessie S. Solenberger, Chairman Historic Resources Advisory Board Countv of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 RE: Your Letter of January 19, 2001 Dear Bessie: The Abrams Creek Archaeological Survey conducted in the early 1990s in the Stephenson area by representatives of James Madison University and Shenandoah University appears to have covered the area subject to our rezoning application. One unmarked cemetery of less than one-fourth of an acre was documented in that survey. This cemetery will not be disturbed. We could not find any reference to "evidence of an Indian burial mound" in the portion of the survey related to our property. We could not find any other reference to "numerous burial sites" bevond the one addressed above. Should our rezoning application be approved, we will be cooperative (as we have been with the battlefield) by considering further evaluation work at that time. With best regards. Sincerely, Don Shockey Copies: Board of Supervisors Manning Commissioners I^. ut _e4L11, Mr. John R. Riley, Jr., County Administrator Mr. Evan A. Wyatt, Director of Planning SHOCi(E( THE PARTNER OF CHOICE 0 THE SHOCKEY COMPANII� P. O. BOX 2530, WINCHESTER, VIRGINIA 22604-1730 (540) 667.77C0 FAX (540) 665-3211 January 25, 2001 Mrs. Bessie S. Solenberger, Chairman Historic Resources Advisory Board County of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 RE: Your Letter of January 19, 2001 Dear Bessie: The Abrams Creek Archaeological Survey conducted in the early 1990s in the Stephenson area by representatives of James Madison University and Shenandoah University appears to have covered the area subject to our rezoning application. One unmarked cemetery of less than one-fourth of an acre was documented in that survey. This cemetery will not be disturbed. We could not find anv reference to "evidence of an Indian burial mound" in the portion of the survey related to our property. We could not find any other reference to "numerous burial sites" beyond the one addressed above. Should our rezoning application be approved, we will be cooperative (as we have been with the battlefield) by considering further evaluation work at that time. With best regards. Sincerely, Don Shockey Copies: Board of Supervisors r.—Planning Commissioners — Mr. John R. Riley, Jr., County Administrator Mr. Evan A. Wyatt, Director of Planning SVOCKEY THE PARTNER OF CHOICE 0 THE SHOCKEY COMPANI�� P. O. BOX 2530, WINCHESTER, VIRGINIA 22604-1730 (540) 667-77CO FAX (540) 665-3211 January 25, 2001 Mrs. Bessie S. Solenberger, Chairman Historic Resources Advisory Board Countv of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 RE: Your Letter of January 19, 2001 Dear Bessie: The Abrams Creek Archaeological Survey conducted in the early 1990s in the Stephenson area by representatives of James Madison University and Shenandoah University appears to have covered the area subject to our rezoning application. One unmarked cemetery of less than one-fourth of an acre was documented in that survey. This cemetery will not be disturbed. We could not find any reference to "evidence of an Indian burial mound" in the portion of the survey related to our property. We could not find any other reference to "numerous burial sites" beyond the one addressed above. Should our rezoning application be approved, we will be cooperative (as we have been with the battlefield) by considering further evaluation work at that time. With best regards. Sincerely, Don Shockey Copies: Board of Supervisors Planning Commissioners Mr. John R. Riley, Jr., County Administrator Mr. Evan A. Wyatt, Director of Planning JH�G I THE PARTHEN OF CHOICE 0 THE SHOCKEY CObiPANIE? P. O. BOX 2530. WINCHESTER, VIRGINIA 226044730 (540) 667.77C0 FAX (54C) 665.3211 January 25, 2001 Mrs. Bessie S. Solenberger, Chairman Historic Resources Advisory Board Countv of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 RE: Your Letter of January 19, 2001 Dear Bessie: The Abrams Creek Archaeological Survey conducted in the early 1990s in the Stephenson area by representatives of James Madison University and Shenandoah University appears to have covered the area subject to our rezoning application. One unmarked cemetery of less than one-fourth of an acre was documented in that survey. This cemetery will not be disturbed. We could not find any reference to "evidence of an Indian burial mound" in the portion of the survey related to our property. We could not find any other reference to "numerous burial sites" beyond the one addressed above. Should our rezoning application be approved, we will be cooperative (as we have been with the battlefield) by considering further evaluation work at that time. With best regards. Sincerely, Don Shockey Copies: Board of Supervisors ,,Planning Commissioners— ��� • �� �� Mr. John R. Riley, Jr., County Administrator Mr. Evan A. Wyatt, Director of Planning SHOa(ff � THE SHOCKEY COMPANI1� P. O. BOX 2530, WINCHESTER, VIRGINIA 22604-1730 (540) 667-77CO FAX (54C) 665-3211 January 25, 2001 Mrs. Bessie S. Solenberger, Chairman Historic Resources Advisory Board County of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 RE: Your Letter of January 19, 2001 Dear Bessie: The Abrams Creek Archaeological Survey conducted in the eafly 1990s in the Stephenson area by representatives of James Madison University and Shenandoah University appears to have covered the area subject to our rezoning application. One unmarked cemetery of less than one-fourth of an acre was documented in that survey. This cemetery will not be disturbed. We could not find any reference to "evidence of an Indian burial mound" in the portion of the survey related to our property. We could not find any other reference to "numerous burial sites" beyond the one addressed above. Should our rezoning application be approved, we will be cooperative (as we have been with the battlefield) by considering further evaluation work at that time. With best regards. Sincerely, Don Shockey Copies: Board of Supervisors Planning Commissioners Mr. John R. Riley, Jr., County Administrator Mr. Evan A. Wyatt, Director of Planning SHC )KEY THE PANTHER OF CHOICE � THE SHOCKEY COMPANII� R O. BOX 2530, WINCHESTER, VIRGINIA 22604-1730 (540) 66 -77C0 FAX (540) 665-3211 January 25, 2001 Mrs. Bessie S. Solenberger, Chairman Historic Resources Advisory Board County of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 RE: Your Letter of January 19, 2001 Dear Bessie: The Abrams Creek Archaeological Survey conducted in the early 1990s in the Stephenson area by representatives of James Madison University and Shenandoah University appears to have covered the area subject to our rezoning application. One unmarked cemetery of less than one-fourth of an acre was documented in that survey. This cemetery will not be disturbed. We could not find any reference to "evidence of an Indian burial mound" in the portion of the survey related to our property. We could not find any other reference to "numerous burial sites" beyond the one addressed above. Should our rezoning application be approved, we will be cooperative (as we have been with the battlefield) by considering further evaluation work at that time. With best regards. Sincerely, Don Shockey Copies: Board of Supervisors t.-Planning Commissioners — Mr. John R. Riley, Jr., County Administrator Mr. Evan A. Wyatt, Director of Planning SHOC1(EY THE PARTNER OF CHOICE 0 THE SHOCKEY COMPANA P. O. BOX 2530. WINCHESTER, VIRGINIA 22604-1730 (540) 667-77C0 FAX (540) 665-3211 January 25, 2001 Mrs. Bessie S. Solenberger, Chairman Historic Resources Advisory Board Countv of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 RE: Your Letter of January 19, 2001 Dear Bessie: The Abrams Creek Archaeological Survey conducted in the early 1990s in the Stephenson area by representatives of James Madison University and Shenandoah University appears to have covered the area subject to our rezoning application. One unmarked cemetery of less than one-fourth of an acre was documented in that survey. This cemetery will not be disturbed. We could not find any reference to "evidence of an Indian burial mound" in the portion of the survey related to our property. We could not find any other reference to "numerous burial sites" beyond the one addressed above. Should our rezoning application be approved, we will be cooperative (as we have been with the battlefield) by considering further evaluation work at that time. With best regards. Sincerely, .�l Don Shockey Copies: Board of Supervisors Planning Commissioners Mr. John R. Riley, Jr., County Administrator R EC E 111E' ` /__ v r. Evan A. Wyatt, Director of Planning JAN 2 9 2001 DEPT, OF PLANNING/DEVELOPMENT SHOG(ff s pu=juU� �Ey THE PARTNER OF CHOICE The Shockey Companies P.O. Box 2530 0ichester, Virginia 22604-1730 Addretis Correction Requelzred JAI 2 ) 2001 DEPT. OF PL AiNNIN'GiDEVELOPMENT PLANKING COMMISSION .Ylv Oe-H-,ue� COUNTY OF FREDERICK DEPARTMENT OF PLANNING AND DEVELOPMENT 107 NORTH KENT STREET WINCHESTER VA 22601-5000 C7 • Mr. Evan Wyatt, Sharon Boyd 244 Greenbriar Circle Cross Junction, VA.22625 December 22 , 2000 Thank you for your time and assistance. I have recapped our conversation. Should any of the following uiformation be incorrect please advise in writing. 1. When Frederick County utilized a model to ascertain the fiscal impact to capital facilities cost for the rezoning of the Mid- Atlantic Industrial & Tech Center included variables were; fire and rescue, sheriff office, adnuiustrative building , public library and schools. However, the cost of schools and public library reflect no associated cost with industry. Not uicluded hi the fiscal impact are cost for the landfill , roads , water , sewer. Also, not included are cost for additional residential developments associated with future employment opportunities. 2. Reference letter from public works director , Harvey Strawsnyder Jr. The issue regarduig the landfill has not been address by Mr. Shockey. Normal year build -out is 3%.The estimate of solid waste generated by the proposed build -out by Mid - Atlantic Industrial and Tech Center (approximately 12,000 tons per year) will have a significant impact on the regional solid waste program in Frederick County. The estimated amount will represent an approximate 7% increase in solid waste. This increase translates into significant cost increase to the landfill. The significant cost increase has not been ascertained. Also, available capacity may be an issue witlun the next ten years. 3. The Mid -Atlantic Industrial Center zoning request 100 fl & 200 ffi easement along Hiatts Run . However, easement restrictions will not prohibit supporting development infi•astructure for items such as, road access, parking, storm water management and utilities. These variables have not been delineated in The Shockey rezoning application. Again , Thank you for your time and consideration .Please place this letter in the planni ig department official file for The Mid- Atlantic Industrial and Tech Center. Sincerely, RFcENED DEg, OF PLpNNINGIDEVELUPMENi all cti1aii iivlli Jvlti1 t lyiiii Subject: an email from Joi.Flynn • Date: Fri, 22 Dec 2000 12:38:49 -0500 From: "Mark D. Lemasters" <mleniaste@co.frederick.va.us> Organization: Frederick County, VA, Planning and Development To: Kris Tierney <ktierney@co.frederick.va.us>, Evan Wyatt <ewyatt@co.frederick.va.us> Dear Mr. Wyatt, My name is John Flynn and I am a resident of Frederick County residing in the Stephens City area. The following is a copy of a letter to the editor of the Winchester Star that was published in the Monday, December 18, 2000 edition. Please add my letter to the official rezoning file for the Shockey rezoning request at Stephenson's Depot as a Negative. I would also appreciate an acknowledgement indicating that you received this e-mail. Thank you and Happy Holidays. Quote There have been many articles, much debate and conversation surrounding the Shockey Cos plan to build a huge industrial park on and around the Stephenson's Depot battlefield. Much of the debate has centered around the overall historical importance of the site during the Civil War and the impact such a park would have on its neighbors. While there is no doubt as to the rich history of Stephenson's Depot as a whole, I think it's vital that we remember the important contributions of the individual soldiers who fought and died there. My mother, Mrs. Belle W. Flynn (Belle Walker Welch), is a direct descendant of Private Benjamin Welch Owens. Private Owens was a member of the 1st Maryland Artillery, CSA, and received his baptism of battle at Stephenson's Depot. During the battle Private Owens single-handedly held off vastly superior Union forces by continually firing his cannon after his compatriots had been wounded or killed. His actions are regarded as one of the most brilliant artillery achievements in the War in Virginia. Later, General Robert G. Lee called Owens "The Hero of the Thermopolis of the War". For his actions, Private Owens was posthumously awarded the Confederate Medal of Honor. He is one of only 48 Confederates, and the only Marylander, to receive such an honor. I know of this individual soldier and his story because I am a relative. But how many stories will be lost, how much history will disappear if this battlefield is torn up and destroyed by development? This land has too much history and it's too important to the Valley to allow that to happen. It needs to be preserved as a battlefield and developed for historical purposes for future generations to appreciate. Mr. Shockey, I ask that you withdraw your request to rezone Stephenson's Depot. The sensible thing to do is to move your development to an existing industrial park that is already zoned for your purposes. I also ask the Board of Supervisors to consider the important history of this site and reject the pending rezoning request. It not only makes sense, it's the right thing to do. John Flynn 432 Westmoreland Drive Stephens City, VA 22655 540-869-1964 1 of 2 1/4/2001 12:34 PM . .- 4`. • 712 Pennsylvania Avenue Winchester, Virginia 22601 November 14, 2000 Attention: Members of the Planning Commission Dear Sirs and Madams: I have heard a lot of talk about people being against the Shockey project in Stephenson; but, I also know of a lot of people for it. This project would be a wonderful way to provide the town of Stephenson with sewer service if you were to require it with the proffers that Shockey would offer. Many people in the area have failing, or sub -standard, sewer systems and have been promised sewer for the last twenty years. Also, even though unemployment is low now, it never remains that way. These industries would supply a lot of jobs for the area. The Northeastern Land Use Study has already been approved after several public meetings and a lot of discussion. If you were to change things now, you would be opening it up to challenges whenever anyone wanted to rezone anything. There is already a large parcel preserved for the preservationists and civil war people and I don't believe they can afford to buy more land. I don't believe they should be able to tell other people what to do with their land. I hope you all keep a strong backbone and stick with your original plans and decisions. Sincerely, M. Bret Morgan Pr- --- .-- -- ---- M ,W PERSONS WHO SPORE • THE 11/15/00 PLANNING COMMISS]6MEETING REGARDING THE MID -ATLANTIC INDUSTRIAL & TECH CENTER (SHOCKEY COMPANIES) Page 1 of 2 r l� PERSONS WHO SPOKE MID -ATLANTIC INDi4 THE 11/15/00 PLANNING COMMISS AL 6 TECH CENTER (SHOCKE:Y COM FETING REGARDING THE 170% Page 2 of 2 �o %3.?. 33. � 1. 25. 39. 37. -cm. 3'. 1W Y7 �8. �sa 3� 3,5� ers All 1071 NOTE TO FILE: November 16, 2000 These letters were made a part of the official record at the November 15, 2000 Planning Commission meeting. • 0 E. Glenn Penton 221 Settlers Lane Stephenson, VA 22656 540-678-1 146 Novcnlhcr 7, 2000 Frederick County Board ol'Supervisors and Planning Commission RE: Rt l l North Comprehensive Plan and Rezoning Dcar Board or Commission nlcnlhcr: I respec(l'Lllly request the I71'ederick County Board ul' SLlpervisors to slot) any further action on the Route I I ,North Corridor porlioll ofthe C0 11rI)l'CI1CllSIVC Plan unlil the Plan Can he rc-evaluated. You have the respollsihlllty to make SLll'C the S101leN gall District is planned ill a REASONABLE, manner. It does not matter what inllucnlial I)Crsons Or I)ressures Collie to heal' oil the member OI t11C Board or Commission, rcasonahlC I)IMIlli11L I11LIS1 he the Final result. There is no way that logical planncls Can allow Industrial land usC ill an area surrounded by residential homes. People live on Old Charles Town Road, .lord"Ill Springs Road, Woods Mill Road, RCdhLld Road tll(l Milhurll Road, 11I OI'wllich Surround the plannCd in(IuSU'ial area. YOU Can not allow N,1-1 or NI-2 zoning IO OCCUl' ill this area. We will not have Chemicals, pollution, 24—hou1' a day noise, and truck traffic in our RA zonal area where children play. According to Frederick County Zoning Ordinance N1-2 zoning would allow Chemical prOduCtS, lllclal industry, I11a11LIIaCtL11'lllg C\I)IOSIVCS, incillcralors, heavy CLILlipillcnt storage, and fuel dcalel;s. If 1-ligh "Tech companies are desired, why reLlucsl M-1 or M-2 (light and heavy illdustl'y) z011illg. High Tech Companies would only rcquil'C a 13-2 or 13-3 (BLISil1CSS) zoning. Additionally, heavy industry is nO longer desirahlC in the County. The EPA has identified this arca as having LlndesirahlC air quality and more heavy industry will only add to our poor air quality. "Pile COunly'S tax h lSC all(] CllVil-olllllClll WOUld he hC(ICr' SCrVCd by cnCOuragillg 111`.'_11 wage, III,L'Il ICCII, 11011-I)OIILIIIIIr� companies to the arca. I have hall in the planning rclatCd hLISil1CSS for 30 years, dCSIg ing, everything froill flew towns to suhdivisiOl1S. Based on any sound planning stand,1111, the ROLIIC I I N Corridor Plan (cas(ern portion) is WRONG! Under the Code of Virginia YOU arC rcquireLl to CnfOrcC "ha1'111OIIIOLIS dCVCIOpI1lCrlt" and "hCS1 promote IIIC health, salcly, morals, order, convenience, prosperity and general welfare ol' the inhahilants" of frederick COLlnly. This applies to ALL residents, not just large land owners and devclopcl:s. YOU nlLlsl protect Our quality of life, Our childrell'S sal'Cly, Our IlCighhOrhOod, and Our history. Industry Islay he needed alone I-81 hill not hvo miles Cast into RA kind use. Urgently, C:llenn Penton 0 11 712 Pennsylvania Avenue Winchester, Virginia 22601 November 14, 2000 Attention: Members of the Planning Commission Dear Sirs and Madams: I have heard a lot of talk about people being against the Shockey project in Stephenson; but, I also know of a lot of people for it. This project would be a wonderful way to provide the town of Stephenson with sewer service if you were to require it with the proffers that Shockey would offer. Many people in the area have failing, or sub -standard, sewer systems and have been promised sewer for the last twenty years. Also, even though Unemployment is low now, it never remains that way. These industries would supply a lot of jobs for the area. The Northeastern Land Use Study has already been approved afler several public meetings and a lot of discussion. If you were to change things now, you would be opening it up to challenges whenever anyone wanted to rezone anything. There is already a large parcel preserved for the preservationists and civil war people and I don't believe they can afford to buy more land. I don't believe they should be able to tell other people what to do with their land. I hope you all keep a strong backbone and stick with your original plans and decisions. Sincerely, M. Bret Morgan Property Owner in Stephenson MBM/sam WINE - STILLWELL CORPORATION 720 N. LOUDOUN STREET, P.O. BOX 2035, WINCHESTER, VIRGINIA 22604 OFFICE 540-662-4441 FAX 540-722-3643 DATE: November 7, 2000 MEMO TO: Frederick County Planning Commission Members FROM: James D. Stillwell, Registered Architect, President, Wine -Stillwell Corp. Residence - 423 High Banks Rd., Stephenson, VA -119 The purpose of this memo is to request your consideration regarding the above rezoning case. I had forwarded to Mr. Tierney on October 5, 2000 a letter regarding upfront standards that should be made a part of the Comprehensive Land Use Plan for the Northeastern Corridor. The plan, as you know, was adopted without any new standards or reconsideration of significant planning issues recently discovered. As could be expected, we immediately have a rezoning request springing from the Land Use Plan. For this reason I am forwarding the following recommendations that relate to this unfortunate rezoning request: A. The Northeastern Frederick County Land Use Plan should be recalled now in order to evaluate the historic impact on this proposal and industrial impact on the surrounding rural/residential areas. B. The proposed rezoning should be tabled completely or voted down until the Land Use Plan is redesigned. While this redesign is developed, changes to the standards and procedures need to be adopted which will enhance the quality and aesthetics of any industrial development in the corridor. Some of these are: 1. The Master Development Plan (MDP) must be presented before any rezoning or action is taken. How can proper controls be set to assure good planning if the land is rezoned first, then a plan developed later? 2. Minimum setbacks should be changed to 250 feet and current screening standards improved. 3. Mandatory tree and landscaping buffers set to reflect the scale of large industrial buildings. 4. Land set -asides of up to 40 acres established at any historic site (Byers House, cemeteries, Jordon Springs, etc.) 5. No industrial development of any kind over significant civil war sites (Stephenson Depot and 3rd Winchester). ROOFING - GUTTER WORK - SHEET METAL FABRICATION Planning Commission -2- November 7, 2000 6. Staggered height setbacks with a maximum of 25 ft. at all edges of the development to 50 ft. at the center. 7. NO TRUCK DOCKS facing any residential/agricultural or historic site. 8. No exhaust or vent stacks higher than 20 ft. above roof line. 9. NO TRUCK TRAFFIC on any rural road - all access must enter directly onto Rt. I 1 (an example to avoid Welltown Pike and Stonewall Industrial). 10. Lighting and signal standards currently are too lax and need to be strengthened. 11. All utilities underground. Ugliness, poor traffic flow, environmental pollution, sub -surface water protection, sewer, water availability, historic protection and quality -of -life issues all must be resolved during the planning process - not after. Lets recall the Land Use Plan and table the rezoning until these are properly addressed. 10/26/2000 06:45 5406783457 SBI DON SHOCKEY PAGE 01 DEAR FRIENDS AND NEIGHBORS WE NEED YOUR HELP MANY OF YOU ARE UNAWARE OF THE BOARD OF SUPERVISORS' PLAN TO REZONE STEPHENSON TO MDUSTRY----HEAVY AND LIGEIT!!! TWS WILL GREATLY AFFECT YOUR QUALITY OF LIFE, POLLUTION, TRAFFIC (YOU THINK IT'S BAD NOW...) The board paid for a comprehensive study and then did not disclose it to the public. This study states that the area affected by rezoning is considered historically sensitive and should be protected. Many feel this report was buried. Come to the B. of S. meeting this Wed. Oct. 25"' at 7 p.m. 107 N. Kent St. We, the citizens need to have a good show to let the Board know we're tired of poor planning, congested roads, and not being listened to. Make them revisit the '97 study. 3,300 acres already zoned in our county —many parks are not full 1,100 of these acres sit EMPTY!!! This industrial park will sit between two elementary schools. This park will produce the "need" for the Rt. 37 extension. This park will destroy a very significant historical area. Industry does not belong in our neighborhoods. Don't let them destroy our neighborhoods!!! CONTACT YOYJR FRIENDS AND ORS Impact study Re*ults for Shoehsy Cos. Proposed Mid-Atlssttie Iadwtriwl & Tech Center Shockcy Cva, zoNng chanRc ■hpllcntivn for ■ 4 j7•acrc plot n"r $tcphenron contalrts the follow l"It Impact intorm■tJnn: V� Pearls dcTeloped to ffuLxAImutu potential; Writer consumption; 7,550.000 sallans ptr day maximum Solid waste: a p0*Alble 1 1,952 tors per year Peak tralllc between 4 and 6 m.: industrial ark could (Ferwrlic 0.401t Paris developed to 50% petenti>A1: Solid waste: a possible 5.976 torts per year Peak tralMc between 4 and G p.m.: Industrial nook cooW oen,mte 3.203 trlln • DATE: 9/27/00 CHECK NO. 6231 INVOICE NO. GROSS AMOUNT RETENTION AMOUNT DISCOUNT AMOUNT NET AMOUNT 92700 16,245.00 16,245.00 THIS CHECK Crider & Shockey of WV P.O. Box 2530 Winchester, VA 22604 PAYEE: DETACH I HIS S I A I tMLIV I tStf UJit UtrUJI I INN, UNtUr, Farmers and' Merchants No. A 0 6 2 31 National Bank 6E-139 WINCHESTER, VIRGINIA 22601 514 DATE 9/27/00 AMOUNT$; �****16,245.00 Sixteen Thousand Two Hundred Forty Five And 00/100 -VOID AFTER 60 DAYS - TO Treasurer of Frederick County THE ORDER OF 11100E 23 1110 1:05 L4013991: L 26535011' U. I� . Jl _^_X( 5' w _ ReceivedFrom Address o .� V) ,For e d C� Date ' �d f O-� U (/ 001973 W-f, o W V Z-5 ��� A� VZnv s Y z o Z r, Qz 3 _] UJ 4. __G4-47__�_ct� _..3 ice...[ h.C: • ,.:` ; ;._ : f, AMT. OF ACCCUfJ7 ' CASH w EE AMT. PAID CHECK BALANCE MONEY CUE CRDEA �a != V_C_#A ollars $ .ri O. 5+4�'► COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 8, 2001 J. Donald Shockey, Jr., President Crider & Shockey, Inc. of West Virginia P.O. Box 2530 Winchester, Virginia 22604-1730 RE: Rezoning Application 904-00 of Mid -Atlantic Industrial & Tech Center Dear Mr. Shockey: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on August 7, 2001. The Board denied your request to rezone 404 acres from RA (Rural Areas) District to MI (Light Industrial) District for property located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761), and southwest of Jordan Springs Road (Rt. 664) and identified with Property Identification Numbers 44-A-31, 44-A-292, and 44-A-293 in the Stonewall Magisterial District of Frederick County. Section 165-11 of the Frederick County Zoning Ordinance requires a minimum period of 12 months to elapse before the consideration of another application for rezoning of substantially the same land to the same zoning district designation. Please do not hesitate to contact this office if you have any questions regarding the denial of this rezoning application. Sincerely, Evan A. Wyatt, AICP Director EAW/rsa cc: Mr. Mark D. Smith, Greenway Engineering FILE: C:\MyFiles\Memos & Correspoiidence\rczoning_denial_lcttcr.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 1'4O'11Fir. ArlO1I OF PO-3LIC HEARING July 24, 2001 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #04-00 OF MID -ATLANTIC INDUSTRIAL & TECH CENTER (SHOCKEY INDUSTRIES) On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Tuesday, August 7, 2001 at 7:00 p.m. at James Wood High School (Ridge Campus) 161 Apple Pie Ridge Road, to consider the following: Rezoning #04-00 of Mid -Atlantic Industrial & Tech Center, submitted by Greenway Engineering on behalf of Shockey Industries, to rezone 404 acres from RA (Rural Areas) to M 1 (Light Industrial). This property is located east of Milburn Road (Rt. 662), south of Old Charles "Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664) and is identified with Property Identification Numbers 44-A-31, 44-A-292, and 44-A-293 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Evan A. Wyatt Deputy Director EAW/ch 0 \,\gcnJasb\djoincrs\20011\lid-Atlantic_iti "z wpd 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick Count,,,. Virgi 44 A - 31 A SHOCKEYIDULLES, LC 44 A 40 BENHAM, H K III TRUSTEE PO BOX 809 WINCHESTER, VA 22604 0809 44 -A -292 ' CRIDER & SHOCKEY OF WVA PO BOX 2530 WINCHESTER, VA 22604 1730 44 A -294 HOLY TRINITY MISSION SEMINARY PO BOX 8 STEPHENSON,VA. 22656-0008 44 A 38 DYKE, ROBERT C & ALCESTA R 293 OLD CHARLES TOWN RD STEPHENSON,VA 226561724 44 -A 35 STROSNIDER, SHIRLEY M. ETALS CIO LEOTA S. MOULDEN 327 OLD CHARLES TOWN RD STEPHENSON,VA 226561725 PO BOX 2530 WINCHESTER, VA 22604 1730 44 A 33 JENKINS, TERRY L & EVELYN G 357 OLD CHARLES TOWN RD STEPHENSON,VA 226561725 44 A 139- MCKEE, ANNA B & LESTER W 102 FAIRWAY DR WINCHESTER, VA 22602-6016 44 A 140 SCOTT, DAVID & LOUISE 400 OLD CHARLES TOWN RD STEPHENSON,VA 226561729 44C 2 A ZIRKLE, WILLIAM RAY & HELEN CHRISTINE 614 OLD CHARLES TOWN RD STEPHENSON,VA 22656-1829 k - t�� Evan- &XILA11 A. W att, Plann' g Director Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OFFREDERICK 1, &�h Pm , a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 1 - ay • C>) , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this A * day of j 111 tj I. a oo I My commission expires on ft RAO W a ?)I OD-CCX3 ARV PUBLIC 44 - A- - 141- 44 - A- - 155- KEITER, RAY G. & RUTH J. STROTHER, JOHN R. 410 OLD CHARLES TOWN RD 560 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1729 STEPHENSON, VA. 22656.1028 44 - A- - 142• 44 - A- - 156- BRAGG, BETTY LOU HOTT, R. CHARLES & KAY K. 420 OLD CHARLES TOWN RD 572 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1729 STEPHENSON, VA. 22656.1828 44 - A• . 143- 44 - A• - 157- LAW, BOBBY D DEHAVEN, HELEN 1 432 OLD CHARLES TOWN RD 582 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1729 STEPHENSON, VA 22656.1828 44 - A• • 161- 44 • A• • 144• GRAY, JEAN K MAYERS, WALTER I & AUDREY L CIO JEAN NICHOLSON 442 OLD CHARLES TOWN RD PO BOX 151 STEPHENSON, VA 22656.1729 STEPHENSON,VA 22656.0151 44 • A• • 145 • 162 STEWART, NORMA L GE TTS, EELEN ELAINE 454 OLD CHARLES TOWN RD 660 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1729 STEPHENSON, VA. 22656.1829 44 • A• . 163• Oha /G5 44 - A• • 146• RITTER, JUANITA M TRENARY, RANDOLPH C & KATHERINE E 466 OLD CHARLES TOWN RD 688 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1729 STEPHENSON, VA 22656.1829 44 . A• . 147• 44 . A• • 166- WEAVER, TIMOTHY J & WANDA K RUSSELL, ROBERT H ETALS 532 OLD CHARLES TOWN RD 478 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1028 STEPHENSON, VA 22656.1729 44 . A• • 138-A 44 - A• . 148• O'ROARK, NORWOOD T. & LAURA W. JENKINS, DAVID CALVIN & SCARLET M 879 DICKS HOLLOW RD 380 OLD CHARLES TOWN RD WINCHESTER, VA 22603.3721 STEPHENSON, VA. 22656.1720 44 . A- . 149• 44 - A• . 210- ue W RUSSELL, ROBERT H ETALS JONES, WILLIAM C JR & BRENDA L 1adb�ss 796 OLD CHARLES TOWN RD 131 OLD FOREST CIR STEPHENSON, VA 22656.1830 WINCHESTER, VA 22602.6627 44 • A• • 211- 44 - A• . 150• KNUPP, RICHARD R & BONNIE R STULTZ, GLENN A. &BETTY A. 518 OLD CHARLES TOWN RD PO BOX 97 STEPHENSON, VA. 22656.1828 STEPHENSON, VA 22656.0097 44 • A• • 153- 44 - A• - 212- SPITZER, RAY E. & CHRISTINE E. DIXON, MARY V & ETALS 471 GRACE CHURCH RD 540 OLD CHARLES TOWN RD CLEARBROOK, VA 22624.1333 STEPHENSON, VA. 22656.1828 44 . A• - 218- 44 - A- - 154- KRASICH, DINAH G & JOHN E VUILLERMET, ROBERT EUGENE 550 OLD CHARLES TOWN RD 776 JORDAN SPRINGS RD STEPHENSON, VA 22656.1828 STEPHENSON, VA 22656.1911 . 44 -A - WALTERS,WAYNE E 8800 OLD OCEAN VIEW RD 44 - A- - 219- NORFOLK, VA 23503.5308 CHASLER, C N INC 124 W BOSCAWEN ST WINCHESTER, VA 22601.4116 44 - A- - 289- 44 - A- - 220- LOFTHOUSE, GERALD W. ANDERSON, RUSSELL 0 1034 JORDAN SPRINGS RD 794 JORDAN SPRINGS RD STEPHENSON, VA. 22656.1914 STEPHENSON, VA 22656.1911 44 - A- - 221- 44 - A- - 291- TRAVERS, GEORGE 0. HOVERMALE, NANCY M 804 JORDAN SPRINGS RD & PECK, DANIEL L STEPHENSON, VA 22656.1912 1054 JORDAN SPRINGS RD 44 - A- - 222- STEPHENSON, VA 22656.1914 MCGAFFICK, ROGER A & MARY S 45 - 9. 3- 1- 816 JORDAN SPRINGS RD HALL, WILLIAM H III & REBECCA STEPHENSON, VA 22656.1912 1081 JORDAN SPRINGS RD 44 - A- - 223- STEPHENSON, VA 22656.1918 MILBURN, DONALD L & KIMBERLY M 826 JORDAN SPRINGS RD Mr. Mark D. Smith STEPHENSON, VA 22656.1912 44 - A- - 224- Greenway Engineering SMITH, MITCHELL B 151 Windy Hill Lane Winchester, VA 22602 836 JORDAN SPRINGS RD STEPHENSON, VA 22656.1912 Mrs. June Wilmot Economic Development Commission 44 - A- - 285- 45 E. Boscawen Street WOLF, CLARENCE C. & DOROTHY A. Winchester, VA 22601 1009 JORDAN SPRINGS RD P.I.N. 44-A-30 STEPHENSON, VA. 22656.1918 Emmanuel United Methodist Church c/o Board of Trustees 44 - A- - 286 s �3 T 7 2732 Martinsburg Pike HEIRS OF DORIS KINES Stephenson, VA 22656-1712 CIO THERESA K GIBBS 1968 FAIRFAX PIKE WHITE POST, VA 22663.1811 The Reverend Jay Hanke, District Superintendent 20 S. Cameron Street 45 - 9.3- 2- HOFFMAN, WILLIAM D. & PATSY L. Winchester, VA 22601 PO BOX 22 STEPHENSON,VA 22656.0022 44-A-39, 25 & 26 Harry L. McCann P.O. Box 809 Winchester, VA 22604 44C - 2- D- • BLY, TERRY L & CONNIE S 644 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1829 44C - 2- - B- JOBE, CHARLES S. & MARY A. 634 OLD CHARLES TOWN RD STEPHENSON,VA 22656 22656.1829 44 - A- - 138- MADISON, DAVID R & RHONDA G 133 PARKINS LN WINCHESTER, VA 22602.2361 44 - A- - 167- CHITTUM, FRANCIS M JR PO BOX 141 STEPHENSON,VA 22656.0141 44 - A- - 168- SHANHOLTZER, WELTON K 721 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1824 44 - A- - 169- BUSSERT, GERALD & JOAN E. & 707 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1824 44 - A- - 170-C ANDERSON,JOHN KENNETH PO BOX 27 STEPHENSON,VA. 22656.0027 44 - A. - 202- BRAGG, DAVID L PO BOX 174 CLEARBROOK,VA 22624.0174 44 - A- - 206- LAKE, JAMES T. & HELEN E. 771 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1824 44 - A- - 207- LUDWICK, JAMES L & NANCY L 779 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1824 44 - A- - 208- GOLLER, JOHN L & ACTRESS 1 776 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1830 44 - A- - 209- AFFLEC*ONEY L 786 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1830 44 - A- - 225- LINK, ROSEANNA 846 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- - 226- STONE, CLYDE & VIRGINIA 856 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- - 228- BROWN, BEULAH B CIO VANCE, BEULAH B 2636 WELLTOWN RD WINCHESTER, VA 22603.4428 44 -A- - 231- ESTEP, DONALD L & HELEN L 890 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- - 231-B FAUVER, HARRY S JR 906 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 44 - A- - 232- HEPNER, STEPHEN K. 918 JORDAN SPRINGS RD STEPHENSON,VA 22656-1913 44 - A- - 234- DAY, VIOLET PO BOX 153 STEPHENSON,VA 22656.0153 44 - A- - 236- MERRITT, GERALD WRIGHT 976 JORDAN SPRINGS RD STEPHENSON,VA. 22656.1913 44 - A- - 237- a 9�� E'Z e7 HEIRS OF DORIS KINES CIO THERESA K GIBBS 1968 FAIRFAX PIKE WHITE POST, VA 22663-1811 44 - A- - 238- SHRECK, CATHERINE EST. 208 GREENFIELD AVE WINCHESTER, VA. 22602.6635 55 -7- - 13- • • STIVERS, MARK E & PAMELA S 261 LICK RUN XING STEPHENSON,VA 22656.2023 55 -7- - 14- MEIER, WILLIAM G III & BARBARA E 207 PLAZA ST NE LEESBURG, VA. 20176.2428 55 -7- - 15- SIRBAUGH, SAUNIE D. 290 LICK RUN XING STEPHENSON,VA 22656.2023 44 - A- - 213- LAFFOLLETTE, ALLEN LEE 744 JORDAN SPRINGS RD STEPHENSON,VA. 22656.1911 44 - A- - 214- CAMERON, ROY C. & MILDRED F. 752 JORDAN SPRINGS RD STEPHENSON,VA. 22656.1911 44 - A- - 215- OWENS, CHARLES L 760 JORDAN SPRINGS RD STEPHENSON,VA 22656-1911 44 - A- - 216- TYSON, BAKER B & SHIRLEY P 768 JORDAN SPRINGS RD STEPHENSON,VA 22656.1911 44 - A- - 229- ESTEP, DONALD L & HELEN L 890 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- - 230- HEPNER, STEPHEN K. 918 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 44 -A- - 231-A �o FAUVER, HARRY S JR 906 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 a TO: Barbara in Data Processing G �— FROM: Planning Depar nt / "�� C • Please print 2_ sets bets by: THANK YOU!! l �U�uu 23Zoo / MID -ATLANTIC INDUSTRIAL & TECH CENTER REZO;"G Adjoining property owners NAME and PROPERTY IDENTIFICATION # ADDRESS ZONING 1. H.K. Benham, III 44-A-40, 44-A-31, 44-A-29 2. Shockey/DuHes, LC 44-A-31 A Z 3. Holy Trinity Mission Seminary 44-A-294 4. Crider & Shockey of West Virginia 44-A-292 5. Harry L. McCann 44-A-39 6. Robert C. & Alcesta R. Dyke 44-A-38, 44-A-37, 44-A-36 7. Shirley M. Strosnider 44-A-35, 44-A-34 8. Terry L. & Evelyn G. Jenkins 44-A-33, 44-A-32 9. Anna B & Lester W. McKee 44-A-139 10. David & Louise Scott 44-A-140 11. Ray G. & Ruth J. Keiter 44-A-141 12. Betty Lou Bragg 44-A-142, 44-A-138B 13. Bobby D. Law 44-A-143 14. Walter I & Audrey L. Mayers 44-A-144 15. Norma L. Stewart 44-A-145 16. Randolph C. & Katherine E. Trenary 44-A-146 17. Timothy J. & Wanda K. Weaver 44-A-147 18. David Calvin & Scarlet M. Jenkins 44- A-148 19. James R. & Mary P. Russell 44-A-149 20. Glenn A. & Betty A. Stultz 44-A-150, 44-A-151 21. Ray E. & Christine E. Spitzer 44-A-153 PO Box 809, Winchester, VA 22604 R.A. PO Box 2530, Winchester, VA 22604 RA PO Box 8, Stephenson, VA 22656 RA PO Box 2530, Winchester, VA 22604 RA PO Box 809, Winchester, VA 22604 RA 293 Old Charles Town Road, Stephenson, RA VA 22656 327 Old Charles Town Road, Stephenson, RA VA 22656 357 Old Charles Town Raod, Stephenson, RA VA 22656 102 Fairway Dr, Winchester, VA 22602 RA 400 Old Charles Town Road, Stephenson, RA VA 22656 410 Old Charles Town Road, Stephenson, RA VA 22656 420 Old Charles Town Road, Stephenson, RA VA 22656 432 Old Charles Town Road, Stephenson, RA VA 22656 442 Old Charles Town Road, Stephenson, RA VA 22656 454 Old Charles Town Road, Stephenson, RA VA 22656 466 Old Charles Town Road, Stephenson, RA VA 22656 478 Old Charles Town Road, Stephenson, RA VA 22656 879 Dicks Hollow Road, Winchester, RA VA 22603 502 Old Charles Town Road, Stephenson, RA VA 22656 518 Old Charles Town Road, Stephenson, RA VA 22656 540 Old Charles Town Road, Stephenson, RA VA 22656 4-4-A-2-ot4- W46 returne dy ksf Office ItFotooA4,1 Ordtr- ExfIMJ', Hd y -rri„ I ry A. S. • • (, P% • • 22. Robert Eugene Vuillermet 44-A-154 23. John R. Strother 44-A-15 5 24. R. Charles & Kay K. Hott 44-A-156 25. Helen I. DeHaven 44-A-157, 44-A-158 26. Jean K. Gray c/o Jean Nicholson 44-A-161 27. Ellen Elaine Getts 44-A-162 28. Juanita M. Ritter 44-A-163, 44-A-164, 44-A-165 29. Robert H. Russell 44-A-166 30. Norwood T. & Laura W. O'Roark 44-A-138A 31. David R. & Rhonda G. Madison 44-A-13 8 32. William Ray & Helen Christine Zirkle 44C-2-A 33. Charles S. & Mary A. Jobe \ 44C-2-B 34. Terry L. & Connie S. Bly \ 44C-2-D A1)b,-,pJA,,— PIIJ 3 550 Old Charles Town Road, Stephenson, RA VA 22656 560 Old Charles Town Road, Stephenson, RA VA 22656 572 Old Charles Town Road, Stephenson, RA VA 22656 582 Old Charles Town Road, Stephenson, RA VA 22656 PO Box 151, Stephenson, VA 22656 RA 660 Old Charles Town Road, Stephenson, RA VA 22656 688 Old Charles Town Road, Stephenson, RA VA 22656 532 Old Charles Town Road, Stephenson, RA VA 22656 380 Old Charles Town Road, Stephenson, RA VA 22656 133 Parkins Lane, Winchester, VA 22602 RA 614 Old Charles Town Road, Stephenson, RA VA 22656 634 Old Charles Town Road, Stephenson, RA VA 22656 644 Old Charles Town Road, Stephenson, RA VA 22656 t44-A- 2s ; 44-A-Z(- t44-A -139 44-A - 1m-7 ) 44-A- IIoB 4-4- -A 44-A - 1-7 44 - A - 202 , *44-A -2-03 , "+4-A -Zo4 1 *44-A -ZO'S- , 44-A -7-0G 44-A - 20-7 44- A -Zo16 44-A -209 � 44- A - zio 44-A - 7-1 4-4- -A -BIZ 44--^-1(5 ) 44-A-211 I 44-A-ZZ0, 44-A -22-144-A-ZZZ� 44-A-ZZ 44-A -Z24) ¢4-A- ZZS, 4�F-A-7-26 )+ 44-A -7-2B 44- h - 2-314-4, A - Z31B ++-A -2-32 ; *44-A -7-334--A-Z34 , +4-A-23S) 44-A -236 ) 44-A-237 4,4- A - 2-55- , 44 -A -28e 444 -A -2Z-7 > 44--,4 -288 j 44-/4-28g 44-A-191 45-q-3-1 , 45-9-3-Z 55-'7-13, 55-7-►4-, 55-7-15Y 44- A — �1 3 , 4F- A _ 2 14- , 44--A - 2.15 ) 4-4 - 4 - 214o ) 4-4 — A - 7-33, 44-4 - 2-31 A X -D'plkcaJeS FRCII Ju' 20 2001 08:03AI'1 P2 SBI DO-, ��H'D'KEY • PA6�_ 61 Z7/2 4/*20�1 M. 55 bm~ 540-6106-8947 Since I VS6 We.5et the Standards fOY QMIAVY • FROM : 4 Flo. : Jul. *001 02: 12PM P1 GREENWAY ENGINEERING 151 Windy Hill lane Winchesm-, Virgilria 22602 Telephone 540-662-4185 FAX 540-722-9528 FACSIMILE TRANSMITTAL SIIF.LT 'rO: H(OM: C41rol fluff Mark Smith/ds COMPANY: Frederick Co Planning FAX NUMBER: 665-6395 PxON,'NUMHFR: ))ATE: JUT N 23, 2001 1(Y)'AL NO. OF PAOES INCr UDING COVER: 1 SCNDER'S RCPHNENCE NUunER: U.- MOR REFERMCE NUMBRR: Mid -Atlantic "Tech Center ❑ URGENT ❑ FOR RGVIP:W ❑ PLEASP. COMI MP.NT ❑ PLEASR REPLY ❑ PLEASE RFCYCLL NOTES/COMMENTS: Carol, The cemetery was inadvertently lc8 off of the original list of adjouter property owtlers sent to You regarding the Shockey rezoning. We double-checked the rest of the list and you should have all of the adjoiner owners for the Public Hearing mailing. The information ;for the cemetery is as follows: Wax Map 44-A-30 Mailing, Address: Emmanuel United Methodist Church C/O Board of Trustees 2732 Martinsburg Pike, Stephenson, VA 22656-1712 Let me know if you need anything else. Thank you, Donna Engineers Surveyors Founded in 1971 Y FRC11 • EFL; t JJ. j u.24 2001 P1 GREENWAY ENGINEERING IiI Windy H,II lane Winchester, Virginia 22602 Telephone 540.662-•1185 FAX 540-722-9528 FAC:SIMILF TRANS,111'r'rAl. SIIF.FT ro FROM: Carol Huff Mark Smit11/vp COMPANY. DATE; Frederick Co. Planning & 7/24/01 Devclopmeni PA?( \V.IBrR. TOTAL NO. OF PAGES INCLUDING COVER: 678-0682 2 P((n1'8. NUS.11u?R, SENDER'S REF'EFENCE NUMBER. RE YOUR REFERENCE: NLMBFF.: d URGENT ❑ FOR REVIEW ❑ PLEA -NE C:OMMEN-r ❑ P,.F..4S1-: F:FPI,.Y ❑ PLEASE RECYCLE NOTESX01AMEN (S: Please add Rey.1-1mice to the list for the Mid -Atlantic Indushial Tech Center. Thanks Engineers Surveyor; Founded in 1971 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 I IOrlrl��\r10�) Or PUBLICHEARING May 25, 2001 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #04-00 OF MID -ATLANTIC INDUSTRIAL & TECH CENTER (SHOCKEY INDUSTRIES) On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Tuesday, June 12, 2001 at 6:00 p.m. at Sherando High School, 185 S. Warrior Drive, Stephens City, Virginia to consider the following: Rezoning 904-00 of Mid -Atlantic Industrial & Tech Center, submitted by Greenway Engineering on behalf of Shockey Industries, to rezone 206 acres from RA (Rural Areas) to M 1 (Light Industrial), and 198 acres from RA (Rural Areas) to M2 (Industrial General).This property is located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664) and is identified with Property Identification Numbers 44-A-31, 44-A-292, and 44-A- 293 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Evan I L A. Wyatt Deputy Director EAW/ch 0:\Agcndas\Adj 0incrs\200I W id -Ad antic_RE2.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 n n u This is to certify that the attached correspondence was mailed to the following on J from the Department of Planning and Development, Frederick County, U1 gll a: 44 - A- - 139• 44 - A- - 40- MCKEE, ANNA B & LESTER W BENHAM, H K III TRUSTEE PO BOX 809 102 FAIRWAY OR WINCHESTER, VA 22604.0899 WINCHESTER, VA 22602.6016 44 - A- - 31-A SHOCKEYIDULLES, LC PO BOX 2530 WINCHESTER, VA 22604.1730 44 -A. - 39-, �2-5 �-G MCCANN, HARRY L PO BOX 809 WINCHESTER, VA 22604.0809 44 -A. - 38- DYKE, ROBERT C & ALCESTA R 293 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1724 44 - A. - 35- STROSNIDER, SHIRLEY M. ETALS CIO LEOTA S. MOULDEN 327 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1725 44 - A. - 33- JENKINS, TERRY L & EVELYN G 357 OLD CHARLES TOWN RD STEPHENSON, VA 22656-1725 STATE OF VIRGINIA COUNTY OF FREDERICK 44 - A- - 140- SCOTT, DAVID & LOUISE ✓ 400 OLD CHARLES TOWN RD STEPHENSON, VA 22656-1729 44 - A- - 141. KEITER, RAY G. & RUTH J. 410 OLD CHARLES TOWN RD STEPHENSON, VA, 22656-1729 44 - A- - 142- BRAGG, BETTY LOU 420 OLD CHARLES TOWN RD STEPHENSON, VA. 22656-1729 44 - A- - 143- LAW, BOBBY D 432 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1729 l.L Evan A. yatt, Plal ing Director Frederick Co. Planning Dept. 1, �Q�11 , a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated ac:5. (-)I , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this Zlh day of M" I , 0 00 ( My commission expires on 1�a P TARY PUBLIC 44 - A- 144- MAYERS, WALTER I & REY L 44 - A- - 162- , GETTS, ELLEN ELAINE 442 OLD CHARLES TO D 660 OLD CHARLES TOWN RD STEPHENSON, VA 22656-1729 STEPHENSON, VA. 22656.1829 44 - A- - 145- 44 - A- - 165- � I (03 STEWART, NORMA L RITTER, JUANITA M 688 OLD CHARLES TOWN RD 454 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1829 STEPHENSON, VA 22656.1729 44 - A- - 166- 44 - A- - 146- RUSSELL, ROBERT H ETALS TRENARY, RANDOLPH C & KATHERINE E ✓ 466 OLD CHARLES TOWN RD 532 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1729 STEPHENSON, VA 22656.1828 44 - A- - 147- WEAVER, TIMOTHY J & WANDA K 44 - A- - 138-A O'ROARK, NORWOOD T. & LAURA W. 478 OLD CHARLES TOWN RD ✓ 380 OLD CHARLES TOWN RD STEPHENSON, VA 22656-1729 STEPHENSON, VA. 22656-1728 44 • A• . 148- 44 - A- - 138- JENKINS, DAVID CALVIN & SCARLET M ✓ MADISON, DAVID R & RHONDA G 879 DICKS HOLLOW RD WINCHESTER, VA 22603.3721 133 PARKINS LN 44 - A- - 149• WINCHESTER, VA 22692-2361 RUSSELL, JAMES R & MARY P /J Q tn� 44C -2- - A- o4las S /ZIRKLE, WILLIAM RAY 502 OLD CHARLES TOWN RD �,'d� ✓ & HELEN CHRISTINE STEPHENSON, VA 22656.1828 614 OLD CHARLES TOWN RD 44 - A• - 150• STEPHENSON, VA 22656-1829 / STULTZ, GLENN A. & BETTY A. 44C - 2- • B- 518 OLD CHARLES TOWN RD JOBE, CHARLES S. & MARY A. STEPHENSON, VA. 22656-1828 634 OLD CHARLES TOWN RD 44 - A- . 153. STEPHENSON, VA 22656 22656-1829 SPITZER, RAY E. & CHRISTINE E. 44C - 2- - D- ✓ BLY, TERRY L & CONNIE S 540 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1028 644 OLD CHARLES TOWN RD 44 - A- - 154- STEPHENSON, VA 22656.1829 VUILLERMET, ROBERT EUGENE 44 - A- - 167- 550 OLD CHARLES TOWN RD CHITTUM, FRANCIS M JR STEPHENSON, VA 22656.1028 P 0 BOX 141 44 - A- • 155• STEPHENSON, VA 22656-1824 ✓ STROTHER, JOHN R. 44 - A- . 168- SHANHOLTZER, WELT ON K 560 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1828 721 OLD CHARLES TOWN RD 44 • A• • 156- STEPHENSON, VA 22656.1824 ✓ HOTT, R. CHARLES & KAY K. 44 - A- - 169- 572 OLD CHARLES TOWN RD BUSSERT, GERALD & JOAN E. & STEPHENSON, VA. 22656.1828 ✓ 707 OLD CHARLES TOWN RD 22656.1824 STEPHENSON, VA. 44 • A- - 157• DEHAVEN, HELEN 1 44 - A- . 170•C ANDERSON, JOHN KENNETH 582 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1828 PO BOX 27 22656.0027 44 - A- - 161- STEPHENSON, VA. GRAY, JEAN K 44 - A- - 202- '� C/O JEAN NICHOLSON ✓ BRAGG, DAVID L PO BOX 151 PO BOX 174 STEPHENSON, VA 22656-0151 CLEARBROOK, VA 22624.0174 44 - A- - 206- • LAKE, JAMES T. & HELEN E. 771 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1824 44 - A- - 207- ✓ LUDWICK, JAMES L & NANCY L 779 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1824 44 - A- - 209- AFFLECK, RODNEY L 786 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1830 44 - A- - 210- JONES, WILLIAM C JR & BRENDA L 795 OLD CHARLES TOWN RD STEPHENSON,VA 22656-1830 44 -A- -211- KNUPP, RICHARD R & BONNIE R PO BOX 97 STEPHENSON,VA 22556.0097 44 - A- - 212- DIXON, MARY V & ETALS 471 GRACE CHURCH RD CLEARBROOK, VA 22624.1333 44 - A. - 218- KRASICH, DINAH G & JOHN E 776 JORDAN SPRINGS RD STEPHENSON,VA 22656-1911 44 -A- - 219- ✓ CHASLER, C N INC 44 - A. - 225- ✓ LINK, 0ANNA 846 JORDAN SPRINGS RD STEPHENSON,VA 22656-1912 44 - A. - 226- STONE, CLYDE & VIRGINIA 856 JORDAN SPRINGS RD STEPHENSON,VA 22656-1912 44 - A- - 228- ✓ BROWN, BEULAH B CIO VANCE, BEULAH B 2636 WELLTOWN RD WINCHESTER, VA 22603.4428 44 • A- - 231- ESTEP, DONALD L & HELEN L 890 JORDAN SPRINGS RD STEPHENSON,VA 22656-1912 44 -A- - 231.13 mp /�- FAUVER, HARRY S JR 906 JORDAN SPRINGS RD STEPHENSON, VA 22656.1913 44 - A- - 232• HEPNER, STEPHEN K. 918 JORDAN SPRINGS RD STEPHENSON, VA 22656.1913 44 - A- - 285.00T� FL�, WOLF, CLARENCE C. & DOROTHY A. 1009 JORDAN SPRINGS RD STEPHENSON, VA. 22656-1918 44 - A- - 234• DAY, VIOLET 124 W BOSCAWEN ST PO BOX 153 WINCHESTER, VA 22601.4116 STEPHENSOIV, VA 22656.0153 44 • A• • 220- 44 • A- • 236- ANDERSON, RUSSELL 0 MERRITT, GERALD WRIGHT 794 JORDAN SPRINGS RD 976 JORDAN SPRINGS RD STEPHENSON,VA 22656.1911 STEPHENSON, VA. 22656-1913 44 -A- • 221- 44 • A- • 237• � 96to,DE-7 TRAVERS, GEORGE 0. 1 oO ,t/ KINES, CARLTON T. & DORIS A. a p1 804 JORDAN SPRINGS RD � 1013 JORDAN SPRINGS RD STEPHENSON, VA 22656.1912 �� STEPHENSON,VA 22656-1918 - A 222 44 - A• • 238- M CGAFFICK, ROGER A & MARY S SHRECK, CATHERINE EST. 816 JORDAN SPRINGS RD ✓✓ 208 GREENFIELD AVE STEPHENSON, VA 22656.1912 V WINCHESTER, VA. 22602.6635 A - 288- 44 • A. - 223 WALTERS, WAYNE E MILBURN, DONALD L & KIMBERLY M 826 JORDAN SPRINGS RD STEPHENSON,VA 22656-1912 44 • A• - 224• SMITH, MITCHELL B 036 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 8800 OLD OCEAN VIEW RD NORFOLK, VA 23503.5308 44 - A- - 289• �✓ LOFTHOUSE,GERALD W. 1034 JORDAN SPRINGS RD STEPHENSON,VA, 22656.1914 EWA 44 - A- - 291- / HOVERMALE, NANCY I• ✓ & MARSHALL, ARCHIE L 1054 JORDAN SPRINGS RD STEPHENSON,VA 22656.1914 45 - 9.3- 1- HALL, WILLIAM H III & REBECCA 1081 JORDAN SPRINGS RD STEPHENSON,VA 22656-1918 45 - 9.3- 2- HOFFMAN, WILLIAM D. & PATSY L. PO BOX 22 STEPHENSON,VA 22656.0022 55 - 7- - 13- STIVERS, MARK E & PAMELA S 261 LICK RUN XING STEPHENSON,VA 22656-2023 55 - 7- - 14- / MEIER, WILLIAM G III & BARBARA E 207 PLAZA ST NE LEESBURG, VA. 20176-2420 55 - 7- - 15- SIRBAUGH, SAUNIE D. 290 LICK RUN XING STEPHENSON, VA 22656-2023 44 - A- - 213- ,/ LAFFOLLETTE, ALLEN LEE 744 JORDAN SPRINGS RD STEPHENSON,VA. 22656-1911 44 - A- - 215- OWENS, CHARLES L 760 JORDAN SPRINGS RD STEPHENSON,VA 22656.1911 44 - A- - 216- TYSON, BAKER B & SHIRLEY P 768 JORDAN SPRINGS RD STEPHENSON,VA 22656-1911 44 - A- - 208- GOLLER, JOHN L & ACTRESS 1 776 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1830 44 - A- - 292- / CRIDER & SHOCKEY OF WVA PO BOX 2530 WINCHESTER, VA 22604.1730 Mrs. June Wilmot Economic Development Comm. 45 E. Eoscawen Street Winchester, VA 22601 0- Mark D. Smith , e, eenway Engineering 151 Windy Hill Lane Winchester, VA 22602 44 - A- - 214- V CAMERON, ROY C. & MILDRED F. 752 JORDAN SPRINGS RD STEPHENSON,VA. 22656-1911 44 - A- - 229- ESTEP, DONALD L & HELEN L 890 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- - 230- HEPNER, STEPHEN K. 918 JORDAN SPRINGS RD STEPHENSON,VA 22656-1913 I January 24, 2001 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 �IO'rIrICArl JINI Jr PUEJLIC 0-IEWRII IG TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #04-00 OF MID -ATLANTIC INDUSTRIAL & TECH CENTER (SIIOCKEY INDUSTRIES) On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on February 7, 2001 at 7:00 p.m. at the James Wood Middle School on Amherst Street, Winchester, Virginia to consider the following: Rezoning #04-00 of Mid -Atlantic Industrial & Tech Center (continued from 11-15-00), submitted by Greenway Engineering on behalf of Shockey Industries, to rezone 206 acres from RA (Rural Areas) to M1 (Light Industrial), and 198 acres from RA (Rural Areas) to M2 (Industrial General).This property is located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664) and is identified with Property Identification Numbers 44-A-31, 44-A-292, and 44-A-293 in the Stonewall Magisterial District.. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, G Evan A. Wyatt Deputy Director EAW/ch AA-1001\Uid•A11amie_RI1"_.,p d 107 North Kent Street - Winchester, Virginia 22601-5000 • 0 This is to certify that the attached correspondence was mailed to the following on -20011 from the Department of Planning and Development, Frederick t} . Virginia- 44 - A- - 33- JENKINS, TERRY L & EVELYN G YN GMrs. June Wilmot 357 OLD CHARLES TOWN RD Economic Development Comm. STEPHENSON, VA 22656.1725 45 E. Boscawen Street Winchester, VA 22601 44 A 139 MCKEE, ANNA B & LESTER W 44 A 40 BENHAM, H K III TRUSTEE 102 FAIRWAY DR PO BOX 809 WINCHESTER, VA 22602 6016 WINCHESTER, VA 22604-0809 44 A 31 A Mr. Mark D. Smith SHOCKEYIDULLES, LC Greenway Engineering 151 Windy Hill Lane PO BOX 2530 WINCHESTER, VA 22604 1730 Winchester, VA 22602 44 A 39 15f2-6 44 A -140 SCOTT, DAVID & LOUISE MCCANN, HARRY L 400 OLD CHARLES TOWN RD STEPHENSON,VA 226561729 PO BOX 809 WINCHESTER, VA 226040809 44 A 141 KEITER, RAY G. & RUTH J. 44 A 38 DYKE, ROBERT C & ALCESTA R 410 OLD CHARLES TOWN RD 293 OLD CHARLES TOWN RD STEPHENSON, VA. 22656 1729 STEPHENSON, VA 22656-1724 44 A 35 STROSNIDER, SHIRLEY M. ETALS a . CIO LEOTA S. MOULDEN Evan A. Wyatt, PI ing Director 327 OLD CHARLES TOWN RD STEPHENSON, VA 22656 1725 Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 1 • a+ C I , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this ,-A Ih. day of My commission expires on r �,�� I I �� _��I -1cI-'_� 7 L �- TARY PUBLIC 44 . A- - 142- 4 - A- - 154- BRAGG, BETTY LOIT" OUILLERMET, ROBERT EUGENE 420 OLD CHARLES TOWN RD 550 OLD CHARLES TOWN RD STEPHENSON,VA. 22656-1729 STEPHENSON,VA 22656 1828 44 - A- - 155- 44 - A- - 143- STROTHER, JOHN R. LAW, BOBBY D 560 OLD CHARLES TOWN RD 432 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1828 STEPHENSON, VA. 22656-1729 44 - A- - 156- 44 - A- - 144- HOTT, R. CHARLES & KAY K. MAYERS, WALTER I & AUDREY L 572 OLD CHARLES TOWN RO 442 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1828 STEPHENSON,VA 22656-1729 44 - A- - 157- 44 - A- - 145- DEHAVEN, HELEN I STEWART, NORMA L 582 OLD CHARLES TOWN RD 454 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1828 STEPHENSON,VA 22656-1729 44 -A- -161- 44 - A- - 146- GRAY, JEAN K TRENARY, RANDOLPH C & KATHERINE E CIO JEAN NICHOLSON 466 OLD CHARLES TOWN RD PO BOX 151 STEPHENSON,VA 22656-1729 STEPHENSON,VA 22656-0151 44 - A- - 162- 44 - A- - 147- GETTS, EELEN ELAINE WEAVER, TIMOTHY J & WANDA K 660 OLD CHARLES TOWN RD STEPHENSON,VA. 22656-1829 478 OLD CHARLES TOWN RD STEPHENSON,VA 2265h1729 44 - A- - 163- 44 - A- - 148- RITTER, JUANITA M JENKINS, DAVID CALVIN & SCARI Ei M 879 DICKS HOLLOW RD 688 OLD CHARLES TOWN RD WINCHESTER,VA 226033721 STEPHENSON,VA 22G561829 44 - A- - 166- 44 - A- - 149- RUSSELL, ROBERT H ETALS RUSSELL, JAMES R & MARY P 532 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1828 502 OLD CHARLES TOWN RD STEPHENSON,VA 2265E-1828 44 - A- - 138-A O'ROARK, NORWOOD T. & LAURA W. 44 - A- - 150- STULTZ, GLENN A. & BETTY A. 380 OLD CHARLES TOWN RD 518 OLD CHARLES TOWN RD STEPHENSON,VA. 22656-1728 STEPHENSON,VA. 22656-1828 44 - A- - 138- 44 - A- - 153- MADISON, DAVID R & RHONDA G SPITZER, RAY E. & CHRISTINE E. 133 PARKINS LN WINCHESTER, VA 22602.2361 540 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1828 44 - A- - 225. LINK, ROSEANNA • • 846 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A. - 226- STONE, CLYDE & VIRGINIA 856 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- - 228- BROWN, BEULAH B CIO VANCE, BEULAH B 2636 WELLTOWN RD WINCHESTER, VA A 2 J& RECK, CRINE EST. 208 GREENFIELD AVE WINCHESTER, VA. 22602.6635 44 - A- - 285- WOLF, CLARENCE C. & DOROTHY A. 1009 JORDAN SPRINGS RD STEPHENSON,VA- 22656.1918 44 - A. - 288- WALTERS, WAYNE E B800 OLD OCEAN VIEW RD 22603.4428 NORFOLK, VA 23503.5308 44 -A- - 231- ESTEP, DONALD L & HELEN L B90 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A. - 231-B (' 4 FAUVER, HARRY S JR 905 JORDAN SPRINGS RD STEPHENSON,VA 22656-1913 44 - A- - 232- HEPNER, STEPHEN K. 91 B JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 44 - A- - 234- DAY, VIOLET PO BOX 153 STEPHENSON,VA 22656.0153 44 - A. - 236- MERRITT, GERALD WRIGHT 976 JORDAN SPRINGS RD STEPHENSON,VA. 22656.1913 44 - A. - 289- LOFTHOUSE,GERALD W. 1034 JORDAN SPRINGS RD STEPHENSON,VA. 22656-1914 44 - A- - 291- HOVERMALE, NANCY M & MARSHALL, ARCHIE L 1054 JORDAN SPRINGS RD 22656 1914 STEPHENSON,VA 45 - 9. 3- 1- HALL, WILLIAM H III & REBECCA loot JORDAN SPRINGS RD 22656 1918 STEPHENSON,VA 45 - 9. 3- 2- HOFFMAN, WILLIAM D. & PATSY L. PO BOX 22 STEPHENSON,VA 22656-0022 55 - 7- - 13- STIVERS, MARK E & PAMELA S 261 LICK RUN XING STEPHENSON,VA 22656-2023 44 - A- - 237- Ahd 2, TC, Zg7 55 -7- - 14- KINES, CARLTON T. & DORIS A. MEIER, WILLIAM G III & BARBARA E 1013 JORDAN SPRINGS RD 207 PLAZA ST NE STEPHENSON,VA 22656.1918 LEESBURG, VA. 20176 2428 44 -A- - 237- 55 -7- - 15- KINES, C I SIRBAUGH, SAUNIE D. 290 LICK RUN XING 1013 JORDAN SPRINGS RD STEPHENSON,VA 22656.2023 STEPHENSON,VA 22656-1918 44 - A. - 213- 44 - A- - 238- LAFFOLLETTE, ALLEN LEE SHRECK,CATHERI 208 D AVE 744 JORDAN SPRINGS RD INCH STER, A.- 22502-5635 STEPHENSON,VA. 22656-1911 • • i 44. - 209- 44C - 2- - A- AFFLtCK, RODNEY L ZIRKLE, WILLIAM RAY 786 OLD CHARLES TOWN RD & HELEN CHRISTINE STEPHENSON, VA. 226561830 614 OLD CHARLES TOWN RD STEPHENSON, VA 22656-1829 44 - A- - 210- 44C - 2- - B- JONES, WILLIAM C JR & BRENDA L JOBE, CHARLES S. & MARY A. 634 OLD CHARLES TOWN RD 796 OLD CHARLES TOWN RD STEPHENSON, VA 22656 22656.1829 STEPHENSON, VA 22656 1830 44 -A- -211- 44C - 2- - D. KNUPP, RICHARD R & BONNIE R BLY, TERRY L & CONNIE S PO BOX 97 STEPHENSON, VA 22656-0097 644 OLD CHARLES TOWN RD STEPHENSON, VA 22656-1829 44 - A- - 212- DIXON, MARY V & ETALS ' 44 - A- - 139. MCKEE, & LESTER 471 GRACE CHURCH RD 10 RWAY D " CLEARBROOK, VA 22624.1333 INCHESTER, 02-6016 44 - A- - 218- 44 - A- - 167- KRASICH, DINAH G & JOHN E CHITTUM, FRANCIS M JR 776 JORDAN SPRINGS RD STEPHENSON, VA 22656-1911 P 0 BOX 141 STEPHENSON, VA 22656-1824 44 - A- - 219- CHASLER, C N INC 44 - A- - 168- SHANHOLTZER, WELTON K 124 W BOSCAWEN ST 721 OLD CHARLES TOWN RD WINCHESTER, VA 22601 4116 STEPHENSON, VA 22656-1824 44 - A- - 220- ANDERSON, RUSSELL 0 44 A- - 169 794 JORDAN SPRINGS RD BUSSERT, GERALD & JOAN E. & STEPHENSON, VA 226561911 707 OLD CHARLES TOWN RD 44 -A- - 221- STEPHENSON, VA. 22656-1824 TRAVERS, GEORGE 0. 44 - A- - 170-C 804 JORDAN SPRINGS RD ANDERSON, JOHN KENNETH STEPHENSON, VA 22656.1912 PO BOX 27 STEPHENSON, VA. 22656-0027 44 - A- - 222- MCGAFFICK, ROGER A & MARY S 44 - A- - 202- 816 JORDAN SPRINGS RD BRAGG, DAVID L STEPHENSON, VA 22656-1912 PO BOX 174 44 - A- - 223- CLEARBROOK, VA 22624-0174 MILBURN, DONALD L & KIMBERLY M 44 - A- - 206- 826 JORDAN SPRINGS RD LAKE, JAMES T. & HELEN E. STEPHENSON, VA 22656.1912 771 OLD CHARLES TOWN RD STEPHENSON, VA 22656-1824 44 - A- - 224- SMITH, MITCHELL B 44 - A- - 207- 836 JORDAN SPRINGS RD LUDWICK, JAMES L & NANCY L STEPHENSON, VA 22656-1912 779 OLD CHARLES TOWN RD STEPHENSON, VA. 22656-1824 M M 44 - A 215 OWENS, CHARLES L 760 JORDAN SPRINGS RD STEPHENSON,VA 226561911 44-A-292 CRIDER-SHOCKEY OF WEST VIRGINIA P.O. BOX 2530 WINCHESTER, VA 22604 44 A 216- TYSON, BAKER B & SHIRLEY P 76B JORDAN SPRINGS RD STEPHENSON,VA 22656 1911 44 - A 2UB- GOLLER. JOHN L & ACTRESS I 776 OLD CHARLES TOWN RD STEPHENSON,VA 226561830 Th��: �uiilvtSS �(�1RNAI. The Business Newspaper of the I-81 Corridor APRIL 2001 Redeveloper Thinks Big in Winchester by Maggie Wolff Peterson Settled between the affluence of Northern Virginia and the hills of West Virginia, Winchester is posi- tioned to export its most educated work- ers to remunerative office jobs to the urbanized east, while importing low- cost assembly -line labor from across ' the state line. " = And while this migration has long kept the city's industries fueled with human resources, it is an equation that is bound ultimately to sap its eco- • nomic vitality and reduce it to a bed- room community for the educated that is precariously dependent on large manufacturing. Or, so is the world view of Jim Deskins, Winchester's recently hired redevelopment director. Since taking the newly created position on Feb.1, Deskins, formerly Harrisonburg's, re- development and housing director, has been compiling data to show the city's failure to keep up with surrounding Frederick County in new industrial starts and business growth. In fact, figures Deskins has received from Vir- ginia Tech show the city with negative growth during the 1990s, while Frederick County led the region in new proprietorships, business growth, job creation and capital investment. Getting a handle on current conditions is Deskins' job -one, he says. He expects it to take six months. After that, he wants to develop opportunities "addressing the issues that have been Analyzing Economic Development Projects How Should All Public Costs Be Examined? by Peter Heerwagen When businesses make a deci- sion to invest in plant and equipment, they often look at the expected rate of return. The larger and riskier the invest- ment, the more scrutiny is taken. Economic developers also look at returns on investments before offer- ing cash and tax incentives to either attract new businesses or retaining ex- isting ones. Some are starting to look at other costs associated with develop- ment. This issue has flared up with controversy over The Shockey Cos.'s proposed Mid -Atlantic Industrial & Tech Center in the Stephenson area of Frederick County. In February, the Frederick County Planning Commis- sion vQd tp approve rezoningaof 405 acres for the center, and the Board of Supervisors may vote on it later this spring. Earlier this year, the Winches- ter -Frederick County Economic Devel- opment Commission staff prepared a benefit analysis of projected tax rev- enues from the center, while the group opposed to the project, Frederick County Voters With Common Concerns, coun- tered with its own cost analysis. The task ahead is to mesh the two analyses. While the EDC projected a $28 million tax revenue benefit over ten years, the opposition projected a $48 million cost to develop the park using net present value analysis, a sophisti- cated way of measuring the costs and benefits of a project over time, dis- counting all outlays and revenues to what they would be worth today. The business community uses this analysis to determine a rate of return on an investment, which is the discount (interest) rate needed to ar- rive at a net present value of zero, after future capital outlays and cash flows are projected. A government entity may discount future public costs and benefits of a project and arrive at a positive or negative sum. Net present value is the reverse oftbe mathematics of compounding interest, which is a future value (see table on page 6). A simpler way of pleasuring the worth of a project, and one Frederick County and others use to determine the economic return from incentives, is the payback period. How may years will it take to recoup a cash incentive given to an industrial company through an increased tax base? The shorter the time frame, the more desirable the project. Please turn to page 5 Cavetown Planing Mill More T1»„ a T _1i»n1 a%r Va r,r1 X-A"C a.r aso Continued from page 1 While this may apply to indi- vidual industrial projects where infra- structure is ii2 dace, it may not suffice for a more sophisticated industrial park project. Although Frederick County is not buying land and putting infrastmc- ture inside the park, it will incur costs associated with its development over the years. The most obvious are cash incentives given companies that buy land and build facilities in it. Compli- cating matters is that the State of Vir- ginia may be called upon to ante up funds for roads and rail sidings to individual plants, or sewerage treat- ment plants. Many local jurisdictions, par- ticularly those in high residential growth areas, are using fiscal impact models to determine the cost of rezon- ing land for residential construction. The analysis is used to set impact fees and negotiate proffers from builders and developers. The bottom line is, what does the average house in a new develop- ment have to be appraised at to break even in terms of revenue generated by real estate taxes versus new govern- ment resources required to support that family —mostly schools. In practice, the needed sale price is often much higher than average prices of existing homes in a region. But the fiscal impact model was not developed for industrial projects because they pay their own way. Kris Tierney, assistant adnunis- trator for Frederick County, said its Capital Facilities Fiscal Impact Model was developed for the county's Plan- ning Department after the Common- wealth of Virginia allowed conditional zoning by localities. "It was a com- puter model generated by a consultant in the early 1990s, then updated a few years ago," he said. "It looks at capital costs to the county associated with new projects. It's not a cost -benefit analysis. It is limited to state regulations which al- low conditional zoning —not a yes or no decision —on rezoning requests, but one made conditional on cash proffers. The state allows us to accept cash for capital facilities, but not operating ex- penses. "Because commercial and in- dustrial projects pay their own way, we �sh proffers only from residen- tial opers. ` fhe EDC, for a project of this [Shockey] type, just looked at revenue generation, the revenue benefits —the hard numbers in terms of taxes gener- ated. The citizens group said that doesn't give the whole picture." Tierney said the county is still discussing the fiscal impact model with Frederick County Voters With Com- mon Concerns, although the number of variables on die cost and benefit sides of the equation has not been agreed upon. "Me Planning Department model was driven by rezoning, to take the guesswork out of it. We are trying to explain to them our methodology, we haven't gotten to theirs yet." Professor Emil Malizia thinks fiscal impact models are applicable to industrial projects. "They can apply to any project, and measure expected costs for a variety of facilities and services," he said. "rhey look at a city or county as a corporate -type entity that provides services for fees and taxes received. Malizia is a professor of eco- nomic development and real estate in the City and Regional Planning Depart- ment at the University of North Caro- Tina at Chapel Hill, and recently co- authored the book, "Understanding Local Economic Development." "They can be very simple, where you know what we're spending now, so we can average the costs," said Malizia. "However, if you increase population or jobs by 10%, this ihaynot reflect the,fact that you already have plenty of capacity in fire and .water services. On the other hand, if you add ten more kids, you may need to build a new school. " Developers are putting more emphasis on analysis," said Malizia. "However, they are not doing the cost - benefit analysis, which is looking at projects from total society's viewpoint: They do some good analysis, but it is ad hoc." He said the World Bank is the only one doing real cost -benefit analy- ses, looking at its public investment versus the public benefit. "Benefits can be defrred in a variety of ways, such as jobs and taxes related to economic growth," he said. "As for the costs, economic developers try to argue that they are making an c INS93 •� media ass©cia#es I Custom Web Sites On Line Product Catalogs Field Data Collection Systems investment in the future. The idea is that an incentive is not necessarily put on the table to recognize a reward right now." "Cost -benefit analysis in the public sector is a combination of cor- porate finance, public finance and real estate finance," said Ken Poole, execu- tive director of ACCRA, a non-profit association based in Arlington, Va. His group works in the areas of economic development research and community development and offers a series of courses called, "Research Methods for Economic Development Practitioners. ' "It's not an easy task to inter- mingle the three," said Poole. "Off - the -shelf software sometimes has prob- lems, especially if too much data is entered. You have to assume the com- pany is telling the truth and giving accurate information. There are alot of We are pleased to announce our appointment as exclusive listing agent for the sale of real estate and the business known as Mel -Max Restaurant in Winchester, VA. For more information contact Conrad Koneczny. Adatns-Nelson & Associates The Fern Adams Building 303 South Loudoun Street - Wmhesler, vrg'n!o VWWw.odorrWe!sMcorn �r 540 667-2424 {� challenges to make good decisions. "Now that the economy is bet- ter; we [economic developers] are be- coming more demanding. We are more discriminate, and demand more ac- countability. For example, how much do you value a job? When things aren't doing well, a job is more valuable than when employment is low. " As the level of incentives has picked up in recent years, economic developers have become wiser, writing into contracts that capital investments will be made by a date certain, and so many people will be hired. "Mey tryto demonstrate this is a contractual rela- tionship in exchange for incentives," said Poole. "What we're seeing is a maturing of economic development field as it becomes more responsible to the public." Continued on next page We are pleased to announce the sale of 53 acres in Strasburg, VA, Glen Lea Lot #5, and 27 N. Loudoun Street. The sales were facilitated by R. J. Turner. Adams -Nelson & Associates The Fern Adams Building 303 South Loudoun Street • Winchester, Virginia mm,odamsnetson.corn /r IImR 540 667-2424 We are pleased to announce r We are pleased to announce our appointment as our appointment as exclusive listing agent for the exclusive listing agent for ! sale of 3 acres of development tite sale of 3 acres +/- property in the Technology located at Exit #13 on i Zone located at the Interstate 66. ` Happy Creek Industrial Park in Front Royal, VA. For more information contact Mike Silek. For more information ] contact Mike Silek. .r ` .7L-1!----V Jli•-4V_Xulr" - AA LWl Analysis Continued frem previous page t{egahi g the concept ofcost- benefit analysis, Poole said that one person's cost may be actually he another's benefit. "Maybe you are doing the analysis technically right, but everybody has to agree on what counts as costs and benefits," he said. "A benefit to one group is not the same for another group, so you count differ- ent things different ways. When they don't agree, it takes a communication process about what is needed, particu- larly when defining assumptions. "These are political decisions. How valuable is ajob? It's more valu- able to a person without one. A new Net Present Value Analysis End of Year 1 2 3 4 5 Percent Discount 100.0 95.0 89.8 84.2 72.4 In the table above, the discount rate used is 5%, which is compounded each year and subtracted from 100% to arrive at the discount percentage applied to cash inflows and outflows that occur each year. company may be more important to a potential supplier than to other compa- nies." Late last year, the Hagerstown - Washington County Economic Devel- opment Commission installed a com- puter program called Resource Alloca- tion Model for Local Governments `CHARLES ZUCKER • j" •*1 - Steel Sej-vice �'eia _ JeJ i*IKlr. }kf *� r ess'Slee�"° bMg capabtliGcs� ludin� . raking tcnt1464eagth aatitl or eleit. I2 r`►�fi✓L!I u w: S .{r SIHIIN tgVtric5es�r. YA ' : c : ;. t,r.Za4'7�iei9';.f �.� xi tCLw z t J Small -Buess (RAM-LG). According to a recent EDC newsletter, the idea is to help the EDC allocate scarce incentive funds among competing projects by "incor- porating a cost -benefit analysis that compares projected tax benefits to the anticipated public service costs result- ing from a project." Tim Troxell, assistant execu- tive director of the Hagerstown -Wash- ington County Economic Development Commission, said he uses RAM-LG for individual projects and has ana- lyzed five or six of them since starting to use the program. "It allows me to put a quantitative number on projects. However, lots of features I don't uti- lize, such as those for analyzing retail and tourism projects. "You can put in all the vari- ables you want and I can tell what the payback will be. It analyzes all ex- penses, including the numberof homes and kids going into the school system arising out of a project. While Troxell would not go into specifics, he said an analysis of the Lenox project [an expansion of its ware- house in Williamsport] turned out to be "very favorable. They have all been very favorable, indicating it's very worthwhile to be in the economic de- velopment business." In addition to payback analy- ses, Troxell said the software can also do present value analysis of projects on a ten-year life cycle. The mastermind behind RAM- LG software program is Massoud Amadhi, manager of economic research at Maryland's Department of Business States Analyza Incentives by Peter Heerwagen When deciding on economic development projects, states take a slightly different approach than local governments in deciding on incentives, having to factor in the project's loca- tion. Pennsylvania uses net present value analysis for some of its industrial projects, but there are other factors at work, said Steve Kohler, director of the Governor's Action Team. For the last four years, Penn- sylvania has used an Opportunity Grant Program and Job Creation Tax Credits as incentives. "Those programs put us on a par with other states and coun- tries," he said. In its review of economic de- velopment projects, Pennsylvania's Continued on next page & Economic Development. He said the program sells for $1,000 with $500 a year annual maintenance fee, and all the large jurisdictions in Maryland, except Baltimore County, have pur- chased it. Under development for five years, the program may be offered to other states. "I built it from scratch," said Amadhi. "New York is using a different version of the model, but it is not being used widely as far as I know. "We saw the need for develop- ing a model to evaluate projects objec- tively, to get a sense of the true worth of a company to the state and the appro- priate amount of incentives. Before it was done ad hoc, and there was no systematic way of assessing a project. "With it you can figure all the costs and benefits, whether front -loaded or back -loaded. We use the T-bill rate as the discount rate." 4 • QUAD -STATE BUSINESS JOURNAL • APRIL 2001 Editorial Benefits of Analyses Our lead story concerns the difficult task of evaluating economic development projects, brought about by a debate over the Mid -Atlantic Indus- trial & Tech Center near Stephenson, north of Winchester. The Shockey Cos. wants to rezone 405 acres next to Stephenson Depot, a Civil War battlefield, and neighbors and preservationists don't want the land to be rezoned from agricultural to industrial use. We the believe discussion is a good one, for it causes governments to conduct cost -benefit analyses, bringing into the equation the many factors that surround development when public funds are involved in one way or another. And as our article points out, while this process is complicated, all parties have to agree on the inputs. But to the frustration of number crunchers in the public sector, final decisions are often political ones. As for the Shockey project, we support it, assuming both sides con- tinue to compromise so it can best fit within -the community. (In the spirit of full disclosure, on occasion The Shockey Cos. has advertised with us.) We also point out that back in April 1990, when discussions took place over rezoning of land on nearby Battle of Third Winchester, we were the only publication to support preservation in an editorial entitled,. "Don't Destroy the Tourist Attractions." Back then, the idea of protecting battlefields was a nascent thought in the Winchester area. As a number of people have told us, "There were so.many battles in the vicinity of Winchester, you can't save all the battlefields or there would be no growth." And those saved have been only partially saved, as will be the case with Stephenson Depot. We also point out that Friends of Historic Sites, a group formed through a local Civil War magazine, had no luck saving the site. The benefit to the community of the Mid -Atlantic park is'a more diversified business base, especially in times of economic downturn which the nation is now witnessing. New manufacturing facilities are more high-tech than ten or 20 years ago, causing less noise and pollution and requiring fewer employees. While public costs associated with growth at the park, this project is being financed with private money. Look to the north and south of Winchester, and to the east and west. You'll find most industrial and business parks there were funded with taxpayer money. QUAD-jqATE BUSINESS JOURNAL 106 S. Kent St. Winchester, VA 22601 (540) 667-5730 800-296-5730 Fax (540) 667-5743 PENNSYL qsbj@iniisinc.com rr,•,..,r,,,.-. f 1A • oo Peter D. Heerwagen °1"""' «„C,'u Publisher and Editor \NIAR4 19 meeting, Bud of AAarfinch„ PERSONS WHO SPOKE AT THE NOVEMBER 15, 2000 MEETING: (IN ALPHABETICAL ORDER) BARR, CHARLES BEAN, DARRIL BOYD,SHARON COCHRAN,DOUG COURNEYA, SUSAN DARSIE, DAVID FORRESTER, GINA KERN,TODD KINC, BELL KOLLAR,DAVE KOZEL, ANDREA KUHN,BRANDON MEIER, BILL NICHOLAS, D. WAYNE PENTON, GLEN SMITH, DON SOLENBERGER, BESSIE FOR HISTORIC RESOURCES ADVISORY BOARD SPI TZLR, JASON STTVERS, MARK STILLWELL, JIM WEBER, MIKE WEISS, CHARLIE FOR WINCHESTER-FRED. CO. CHAMBER OF COMMERCE WHITESELL, KATHER.INE FOR BECK, BRANDON PERSONS WHO SIGNED IN, BUT DID NOT SPEAK: (IN ALPHABETICAL ORDER) COME, RON �11 R-)`� FORRESTER, RANDY GOCHENOUR. PAT JENSEN, LOUIS R. (BILL) SOUTHERS, JESSE \ �+ STRYKER, MARILYN c' "y " �S OVYWL 0 A. SPEAKERS LISToZ' O�1•(� 1 <�tp(.i�ll J Jim Davis Bill Simmons ` :--TI rn ALA 11 LI A{M 5 t y1M�•a iv S Ty Lawson Ray Fish Charlie Weiss Jeff Rezin Walter Aikens Bob Wells Jack Drumheller r Jim Longerbeam • �iyn - up ,5hee46 for oz-o,7-oi nefir;ny . 0 s �- tea. vl 'berms -Ta AJ6ydr � /D. i i Gl n --' J \C c�� l�U 7 ` �•� Ty 1 �►-� COUNTY of FREDERICK Department of Planning and Development 540/665-565I FAX: 540/ 678-0682 NOT 'I ON I OF PUB IC F EARINIG November 1, 2000 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #04-00 OF MID -ATLANTIC INDUSTRIAL & TECH CENTER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on November 15, 2000, at 7:00 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning #04-00 of Mid -Atlantic Industrial & Tech Center, submitted by Greenway Engineering on behalf of Shockey Industries, to rezone 208 acres from RA (Rural Areas) to M1 (Light Industrial), and 239 acres from RA (Rural Areas) to M2 (Industrial General). This property is located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664) and is identified with Property IdentificationNunibers 44-A-31, 44-A-292, and 44-A- 293 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, a, Q Evan A�Wyatt Deputy Directoi EAW/ch A \,\djoincrs\\tid-Atlantic_RE/ wjxl 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on Q-U- ono from the Department ofPlanning and Development, Frederick County, Virginia: 44 - A- - 33- JENKINS, TERRY L & EVELYN G 44 - A- - 40. 357 OLD CHARLES TOWN RD BENHAM, H K III TRUSTEE STEPHENSON, VA 22656.1725 PO BOX B09 WINCHESTER, VA 22604.0809 Mr. Mark D. Smith Greenway Engineering 44 -A- - 31-A 1 S 1 Windy Hill Lane SHOCKEYIDULLES, LC Winchester, VA 22602 PO BOX 2530 44 - A- - 139- WINCHESTER, VA 22604-1730 MCKEE, ANNA B & LESTER W 44 - A- - 294- 102 FAIRWAY DR HOLY TRINITY MISSION SEMINARY WINCHESTER, VA 22602.6016 PO BOX 8 STEPHENSON, VA. 22656-0008 44 - A- - 140- SCOTT, DAVID & LOUISE 44 - A- - 39- 400 OLD CHARLES TOWN RD MCCANN, HARRY L STEPHENSON, VA 22656.1729 44 - A- - 141- PO BOX 809 KEITER, RAY G. & RUTH J. WINCHESTER, VA 22604-0809 410 OLD CHARLES TOWN RD 44 A 38 STEPHENSON, VA. 22656.1729 DYKE, ROBERT C & ALCESTA R 293 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1724 44 - A- - 35- �- 1 STROSNIDER, SHIRLEY M. ETALS CIO LEOTA S. MOULDEN Evan A. tVyatt, De ty Director 327 OLD CHARLES TOWN RD Frederick Co. Planning Dept. STEPHENSON, VA 22656-1725 STATE OF VIRGLITLA, COLT, TY OF FREDERICK L i)f+h n HO f I , a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A Wyatt, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated ` I I (-)( ) > has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 51 day of (I)Vft 1�, oXIU My commission expires on I l �Q 12•I _�? 0���3 NOTARY PUBLIC • IF- L-1 44 - A- - 225- LINK, ROSEANNA 846 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A. - 226- STONE, CLYDE & VIRGINIA B56 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- - 228- BROWN, BEULAH B CIO VANCE, BEULAH B 2636 WELLTOWN RD WINCHESTER, VA 22603.4428 44 -A- - 231- ESTEP, DONALD L & HELEN L 890 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 -A- - 231-B FAUVER, HARRY S JR 906 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 44 - A- - 232- HEPNER, STEPHEN K. 918 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 44 - A- - 234- DAY, VIOLET PO BOX 153 STEPHENSON,VA 22656.0153 44 - A- - 236- MERRITT, GERALD WRIGHT 976 JORDAN SPRINGS RD STEPHENSON,VA. 22656.1913 44 - A.. 237. and 4�T6, Zg-( KINES, CARLTON T. & DORIS A. 1013 JORDAN SPRINGS RD STEPHENSON,VA 22656.1918 44 - A- - 238- SHRECK, CATHERINE EST. 208 GREENFIELD AVE WINCHESTER, VA. 22602.6635 44 - A- - 285- WOLF, CLARENCE C. & DOROTHY A. 1009 JORDAN SPRINGS RD STEPHENSON,VA. 22656.1918 44 - A- - 288- WALTERS, WAYNE E 0800 OLD OCEAN VIEW RD NORFOLK, VA 23503.5308 44 - A- - 289- LOFTHOUSE, GERALD W. 1034 JORDAN SPRINGS RD STEPHENSON,VA. 22656.1914 44 - A- - 291- HOVERMALE, NANCY M & MARSHALL, ARCHIE L 1054 JORDAN SPRINGS RD STEPHENSON,VA 22656-1914 45 - 9. 3- 1- HALL, WILLIAM H III & REBECCA 1081 JORDAN SPRINGS RD STEPHENSON,VA 22656-1918 45 - 9. 3- 2- HOFFMAN, WILLIAM D. & PATSY L. PO BOX 22 STEPHENSON,VA 22656.0022 55 -7- - 13- STIVERS, MARK E & PAMELA S 261 LICK RUN XING STEPHENSON,VA 22656.2023 55 -7- - 14- MEIER, WILLIAM G III & BARBARA E 207 PLAZA ST NE LEESBURG, VA. 20176.2428 55 - 7- - 15- SIRBAUGH,,SAUNIE D. 290 LICK RUN XING STEPHENSON,VA 22656-2023 44 - A- - 213- LAFFOLLETTE, ALLEN LEE 744 JORDAN SPRINGS RD STEPHENSON,VA. 22656-1911 44 - A- - 214- CAMERON, ROY C. & MILDRED F. 752 JORDAN SPRINGS RD STEPHENSON,VA. 22656.1911 44 - A- - 215- OWENS, CHARLES L 760 JORDAN SPRINGS RD STEPHENSON,VA 22656.1911 • e 0 • 44 •A• -211- 44C - 2- - D- KNUPP, RICHARD R & BONNIE R BLY, TERRY L & CONNIE S PO BOX 97 STEPHENSON, VA 22656-0097 644 OLD CHARLES TOWN RD STEPHENSON, VA 22656-1829 44 • A• - 212- 44 - A- - 139- DIXON, MARY V & ETALS MCKEE, ANNA B & LESTER W 102 FAIRWAY DR 471 GRACE CHURCH RD WINCHESTER, VA 22602.6016 CLEARBROOK, VA 22624.1333 44 • A• - 167• 44 • A• - 218- CHITTUM, FRANCIS M JR KRASICH, DINAH G & JOHN E 776 JORDAN SPRINGS RD P 0 BOX 141 STEPHENSON, VA 22656.1911 STEPHENSON,VA 22656.1824 44 -A- • 210- 44 - A- - 168- CHASLER, C N INC SHANHOLTZER, WELTON K 721 OLD CHARLES TOWN RD 124 W BOSCAWEN ST STEPHENSON, VA 22656-1824 WINCHESTER, VA 22601.4116 44 • A- . 169• 44 A • 20- BUSSERT, GERALD & JOAN E. & ANDERSON, RUSSELL 0 707 OLD CHARLES TOWN RD 794 JORDAN SPRINGS RD STEPHENSON, VA. 22656.1824 STEPHENSON, VA 22656.1911 44 • A• • 221- 44 • A. - 170•C TRAVERS, GEORGE 0. ANDERSON,JOHNKENNETH PO BOX 27 STEPHENSON, VA. 22656.0027 804 JORDAN SPRINGS RD STEPHENSON, VA 22656.1912 44 • A- • 202- BRAGG, DAVID L 44 • A• - 222- MCGAFFICK, ROGER A & MARY S PO BOX 174 816 JORDAN SPRINGS RD CLEARBROOK, VA 22624.0174 STEPHENSON, VA 22656-1912 44 • A. - 206• 44 • A- • 223- LAKE, JAMES T. & HELEN E. MILBURN, DONALD L & KIMBERLY M 771 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1824 826 JORDAN SPRINGS RD STEPHENSON, VA 22656.1912 44 -A. • 207- LUDWICK, JAMES L & NANCY L 44 - A• • 224- SMITH, MITCHELL B 779 OLD CHARLES TOWN RD 836 JORDAN SPRINGS RD STEPHENSON, VA. 22656.1824 STEPHENSON, VA 22656.1912 44 - A- - 209- AFFLECK, RODNEY L 786 OLD CHARLES TOWN RD STEPHENSON, VA. 22656-1830 44 - A- - 210- JONES, WILLIAM C JR & BRENDA L 796 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1830 60 * • 44 - A- - 142- 44 - A- - 155- BRAGG, BETTY LOU STROTHER, JOHN R. 420 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1729 560 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1828 44 - A- - 143 LAW, BOBBY D 44 A 156 HO•TT, R. CHARLES & KAY K. 432 OLD CHARLES TOWN RD 572 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1729 STEPHENSON, VA. 22656.1828 44 - A- - 144- 44 - A- - 157- MAYERS, WALTER I & AUDREY L DEHAVEN, HELEN 1 442 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1729 582 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1028 44 - A- - 145- STEWART, NORMA L 44 - A- - 161- GRAY, JEAN K 454 OLD CHARLES TOWN RD C/O JEAN NICHOLSON STEPHENSON, VA 22656.1729 PO BOX 151 STEPHENSON, VA 22656.0151 44 - A- - 146- TRENARY, RANDOLPH C & KATHERINE E 44 - A- - 162- 46E OLD CHARLES TOWN RD GETTS, ELLEN ELAINE STEPHENSON, VA 22656.1729 660 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1829 44 - A- - 147- WEAVER, TIMOTHY J & WANDA K 44 - A- - 163- RITTER, JUANITA M 478 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1729 688 OLD CHARLES TOWN RD 44 - A- - 148- STEPHENSON, VA 22656.1829 JENKINS, DAVID CALVIN & SCARLET M 44 - A- - 166- 879 DICKS HOLLOW RD RUSSELL, ROBERT H ETALS WINCHESTER, VA 22603.3721 532 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1828 44 - A- - 149- 44 - A- - 138-A RUSSELL, JAMES R & MARY P O'ROARK, NORWOOD T. & LAURA W. 502 OLD CHARLES TOWN RD 380 OLD CHARLES TOWN RD STEPHEPJSON, VA 22656.182E STEPHENSON, VA. 22656.1728 44 - A- - 150- 44 - A- - 138- STULTZ, GLENN A. & BETTY A. MADISON, DAVID R & RHONDA G 518 OLD CHARLES TOWN RD 133 PARKINS LN STEPHENSON, VA. 22656.1828 WINCHESTER, VA 22602.2361 44 - A- - 153- 44C - 2- - A- SPITZER, RAY E. & CHRISTINE E. ZIRKLE, WILLIAM RAY & HELEN CHRISTINE 540 OLD CHARLES TOWN RD 614 OLD CHARLES TOWN RD STEPHENSON, VA. 22656-1828 STEPHENSON, VA 22656.1829 44 - A- - 154- 44C - 2- - B- VUILLERMET, ROBERT EUGENE JOBE, CHARLES S. & MARY A. 550 OLD CHARLES TOWN RD 634 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1028 STEPHENSON,VA 22656 22656.1829 to 00 44 - A- - 216- TYSON, BAKER B & SHIRLEY P 768 JORDAN SPRINGS RD STEPHENSON, VA 22656.1911 44 - A- - 208- GOLLER, JOHN L & ACTRESS I 776 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1830 44-A-292 CRIDER-SHOCKEY OF WEST VIRGINIA P.O. BOX 2530 _ WINCHESTER, VA 22604 CO COUNTY of FREDERICK w `,e Department of Planning & Development 107 North Kent Street WinchesW, Virginia 22601 z uuy�y. o 44 • A- 294- > c-j o HOLY TRINITY MISSION SEMINARY PO BOX 8 � �, u•I o Z X, F1T"a�Ord-. EmVk d STEP N, VA. 22 008` U Ifidsnl Adctr os hed �- ' ,. ❑Rat- .ed o~ w empted - Not Known ❑ Such Street ❑ "'e i 1 Nun>bW ❑ No Receptedg ❑ Deceased C] Va cwd . 40 COUNTY of FREDERIrCK Department of planning and Development 540/665-5651 FAX: 540/ 678-0682 Jr" PUBLIC HEARING November 1, 2000 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #04-00 OF MID -ATLANTIC INDUSTRIAL & TECH CENTER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on November 15, 2000, at 7:00 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning #04-00 of Mid -Atlantic Industrial & Tech Center, submitted by Greenway Engineering on behalf of Shockey Industries, to rezone 208 acres from RA (Rural Areas) to M1 (Light Industrial), and 239 acres fiom RA (Rural Areas) to M2 (Industrial General). This property is located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664) and is identified with Property Identification Numbers 44-A-31, 44-A-292, and 44-A- 293 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Evan AWyatt Deputy Director EAW/ch A.FAdjoincrs\N1id-At1mtic_REZ wpd 107 North Kent Street • Winchester, Virginia 22601-5000 5 S „ U 121 54 126 , �Q� ti • 46 O NJ, - -.• % 198 .u• ` Sl 'i4 94A ` 28 i L a ' '� nnA 13 41 , 138 1 4 42 200 \ 6 C Rt. I . 38 }7 sm»o ra-,n 39 ae p,o„ ow, R 4 : t • � � t 73 10 % ory 1388 ��2x� •• + 170A t}gA�� 170 201 fJj / 70 0 13 d 40 203 4 20 01 jam, - } 201 0 9 } o 40 ti 2 pla o a t. 2 FF t'` N 266 267 811 637 2 pI•-� 292 31 >> q B5 d c 31 • 293 � / r+� BM 520 � 26 f , JORDAN • i4}rn SPRINGS i 29 55-7-1 31 A 7 294 _� 15 28C 288 �� o�e / 28D <� 55-7-0�19 295 28H i 28A 0 28E 31 291